Ordinance 82-2331ORDINANCE NO. 82-2331
AN ORDINANCE AMENDING CHAPTER 25, SECTION 25-
2 OF THE CITY CODE OF THE CITY OF MIAMI BEACH
FLORIDA, REGARDING REQUESTS FOR SPECIAL
PERMISSION TO OPERATE HELIPADS; PROVIDING FOR
SEVERABILITY, REPEALING ALL ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING FOR AN
EFFECTIVE DATE
BE IT ORDAINED BY THE CITY) 4 MIAMI BEACH, FLORIDA:
SECTION l: That Section 25-2 of the Code of the City of Miami Beach is hereby
amended to read as follows:
Section 25.2. Aircraft - Minimum height over City; exceptions.3
It shall be unlawful for any person to operate, fly or cause to
be operated any kind of aircraft, except a balloon, over any
part of the City at a height of less than one thousand feet
above the surface of land or water over which such craft may
be operated or flown; provided, that nothing contained in this
section shall be deemed to regulate the height at which any
aircraft may fly when such aircraft is used by any
governmental authority for the purpose of spraying
insecticides, when a helicopter is being used for life-saving
operations under emergency conditions or to prohibit the
landing of a helicopter engaged in the carriage and delivery
of United States mail or newspapers; and further provided,
that the City EelAeil Commission may, in special cases, grant
permission for an exception from the provisions of this
section and, at its discretion, may require such insurance or
surety bond as may be appropriate to protect the safety of
the city and its residents against any and all liabilities.
Where City Commission approval is requested, under the
provisions of this section, special consideration shall be given
to the operation of a helicopter and the establishment of a
helipad which will augment promotion activities directed at
obtaining conventions and hotel business. However, no
person, agent, or corporation representing any hotel shall
operate a helicopter for commercial purposes or otherwise
obtain direct profit through the lease, rental, or charter of
such air craft. In addition, no person, agent, or corporation
representing any hotel with less than 350 rooms shall be
permitted to operate a helicopter under the provisions of this
section. Operation of any such helicopter service shall be
subject to the issuance of a revokable permit by the City
Commission and in granting such permit, the City
Commission shall impose such terms and conditions as is
necessary to protect the health, safety and welfare of the
City's residents and tourists.
(Code 1950, 22.2; Ord. No. 1354, 1; Ord. No. 1484, 1; Ord. No.
77-2087, 1.)
SECTION 2: REPEALER. All ordinances or parts of ordinances in conflict herewith
be and the same are hereby repealed.
SECTION 3: SEVERABILITY. If any section, sub -section, sentence, clause phrase, or
portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court
of any competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
SECTION 4: EFFECTIVE DATE. This Ordinance shall take effect
adoption on September 11 , 1982.
PASSED and ADOPTED this 1st day of September, 1982.
ATTEST:
CITY CLERK
RWP/MSL/rg
10 days after
MAYOR
1st Reading - August 18, 1982
2nd Reading - September 1, 1982
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