HomeMy WebLinkAboutO-08133AN ORDINANCE. i.tS. "..; i,i; SECTION 50-11 AND REPEALING
SECTIONS 50-75 i\N+.) 50 -15 c F THE CODE OF THE CITY
OF MIAMI, FLORIDA, fok ME PURPOSE OF PROVIDING FOR
THE REMOVAL OF VESSEidS UNLAWFULLY LOCATED WITHIN
THE AREAS DESCRIBED AS ME, 0I ' N2R KEY MARINA YACHT
BASIN AND THE HAYi RO T P ROi TI VE ANCHORAGE AREA;
PROVIDING FOR THE 0 AL, 1`t..Y61 SSION, STORAGE AND
SALE BY AND A I: ::`; IN i7 VG C; ' ',2HE
C " 02 MIAMI
AGAINST SAID tiN.. 1,t:+.' iJC.ti A'i't i;t VESs;....,;s ; REPEALING
ALL ORDINANCES, C'+), ..2.TIOIV,S OR PARTS THEREOF IN
CONFLICT, INSOFAR A.S LiEY 1+2;i IN CONFLICT; CONTAIN-
ING A SEVERA2'sXXJ .'l i Pi4."$.ISi )N; PROVIDIN'G YCR AN
EFFECTIVE DATE
BE IT ORDAIN- C, xtz '1 :� tiC�ii;,l i014 OF THE CITY OF MIAMI,
FLORIDA:
Section 1. $t_, .);, , )- ;,, c?.n6 50--75 of the Code of the
City of Miami, Flog i _ t, reL.y--epeai.ed and Section
50-11 thereof is n,.:. ,t.t., r aad, as follows:
Sec. 50-11. 0bstru li ii unlawful anchoring, mooring
or dockir:y;' urJ.awfu1 ase of navigational aids.
It shall be 1.11iia; ul for any vessel within the city to
obstruct any establisd of the city; or to tie up
to or to dischGrc;u u.y)oa rtny navigational aid within
the city; or to aiw.:.;;ri,.„c,..n tr.e limits of any established
channel of the city; o: to e.ni_I.oc , moor, or dock, without
city permissiun, roLocted water area of either
the Dinner Key Nti:i-:.:.a aacr Basin or the Bayfront Prohibitive
Anchorage Area, both as below:
a. DinAer Key --sin.
Beginning at the in,:e:;s, ction of the southeasterly
production t:i the :,authwc.,sterly right of way line
of Kirk St:c:, tvj.: t. uaae County Bulkhead Line;
thence run 6 :L;i° 50 ° 20" i; for a distance of 1275
feet, moA:e 0 1(,!.13, to a Joint, said point being
on t:h..: Uu:.::c �1� �_ e of —oie No. 5 in Biscayne Bay;
thence rur. loc a distance of 2050 feet,
more or less, to a pv.t t, said point being the
southerly Gip o: ivo. 3 in Biscayne Bay; thence
run S 76° 03' t; {;: a ci:.,;tar.ce of 2600 feet, more
or less, to r<.1U point being the southerly
tip of molu Nc.. .. 3i5c:6yrie Bay; thence run N
63° 00' W fc zof 1550 feet, more or
laJL. to u r�G-.�aC„ aim to 3�_S`�f: ileing the most
o
westeL1J tip o : :i a aforementioned mole No. 1,
said point also being an intersection with the
southeasterly production of the southwesterly
boundary cf C,)CON7JT GROVE BAYFRONT PARK SECTION
ONE, as ,:c,:Jorde,d i n Plat Book 82, at Page 85,
of the Public Records of Dade County, Florida;
thence run N 46° 23' 30" W along the southeasterly
production of the southwesterly line of afore-
mentioned COCONUT GROVE BAYFRONT PARK SECTION ONE
for a distance of 650 feet, more or less, to an
intersection, with the Dadf?. County Bulkhead Line,
thence nor•t_heastward1y meandering the northwesterly
shore line of Biscayne Bay to the southeasterly
production of the aoa:theasterly line of Aviation
Avenue; thence northeastwardly along the Dade
County Bulkhead Line to the Point of Beginning;
all as shown on a sketch prepared by the City
Department of Public Works under file: lumber
Miscellaneous 33.100►, e copy of which : F available
for inspections at din Dinner Key Marina ,aid the
office of the City Clerk; said sketch being attached
hereto and mace a part hereof.
b. Bayfront Prohib 'ive Anchorage Area.
Boundcd oi; t:« c.d.st. by the portion of the Dade
County Euli:tLad Line lying between the easterly
extension of ,: e south property line of Chopin
Plaza, :;..i:.cwu as S.E. 2nd Street, and the
southeri e of the Miamarina Restaurant
site; b :.7e= s1):1 tbe west by the existing bulkhead of Bay -
front Park lr.ng between the easterly extension of
the south Tprnpe'rty iire of Chopin Plaza and the
Miamarina s L taul:an.: site; bounded on the north by
the southerly 1ovarid ry of said Miamarina Restaurant
site lying Let:.wetn the existing bulkhead of Bayfront
Park and the Dade County Bulkhead Line; bounded on
the south property line of Chopin Plaza and lying
between the existing bulkhead line and the Dade
County Bulkhead Line, all as shown on a sketch
prepared by the Ci:.y Department of Public Works
under file nural,er Miscellaneous 40-55, a copy of
which is available: for inspection at the Miamarina
dock office and the office of the City Clerk; said
sketch being at eched hereto and made a part hereof.
Sec. 50-11.1 Notice to. Remove Vessel.
The Director of the Department of Yacht Docks shall cause
to be placed upon, or as near to the vessel as possible,
a notice (not less than eight inches by ten inches (8"x101
and sufficiently weatherlyeoof to withstand normal exposure
to the elements) containing notification that the vessel is
in violation of Sec. 5O-11 of the Code of the City of Miami,
Florida, and must be .:e.nov,_J within forty-eight (48)
hours from the time the .oeice was posted otherwise it shall
be presumed to be abandoned property and will be removed by
the Department of Police o:' the City of Miami. The removal
and return of any vessel after notice has been posted shall
be unlawful and shall not serve to extend or circumvent the
original forty-eight (48) .:our notice period. If possible,
oral or telephone notice to remove shall also be given the
vessel owner or operator during said forty-eight (48) hour
period based upon local public records of the vessel's
registration or other documentation, if any.
50-11.2 Applicability of Chapter 57-1585, Laws of Florida,
Special Acts, 1957.
The provisions of Chapter 57-1585, Laws of Florida,
Special Acts, 1957, shall be applicable and shall govern
the taking of possessions, Storage, publication of sale, and
sale of, and establishment of a lien against (and matters
relating thereto) vessels in violation of the provisions of
Sec. 50-11, above. In this connection: (1) the term abandoned
property in said Chapter 57 -1585 shall mean a vc,: el in
violation of Sec. 50-11 which has not been remove? pursuant
to notice given under Sec. 50-11.1, (2) the Department of
Yacht Docks shall assist and act as the agent for the
Department of Police in taking possession of vessels in
violation of Sec. 50-11, (3) the ordinance adopting this
section (Sec. 50-11.2) is the ordinance providing for they
public sale of said abandoned property as required in S_.tion
1 of said Chapter 57-1 85 , (4) the Director of the Department
of Yacht Docks shall fix the rates of storage under the pro --
visions of Section 2 of said Chapter 57-1585, and (5) unless
otherwise specific;;liy provided in said Chapter 57-1585 the
Director of the Departi:i :lt cf Yacht Docks shall be the
enforcement officer for t)m purpose of placing the provisions
of Chapter 57-1585 i;.tto L:.czr:.ution.
Section 2. A copy of Chapter 57-1585, Laws of Florida,
Special Acts, 1957, is attached hereto and made a part hereof.
Section 3. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 4. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not :affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Commission of to City or Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the re;,,.;index cf this ordinance, after the
exclution of such part or parts shall be deemed and held to
be valid as if such pars had not been included therein.
Section 5. The effective date of this ordinance shall
be 45 days from the date of its adoption.
PASSED ON J"IRbT READING BY TITLE ONLY this 28th
day of December; 1972.
PASSED AND ADOPTED on second and final reading by
title only this 25th day of January, 1973.
DAVID T. KENNEDY
MAYOR
ATTEST:
H.D. SOUTHERN
CITY CLERK
H. D. SOITTIT:777T of �.
said cc'
ty. th_s/ 4My 7/6/
City Clerk
or ri
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ii.riC fJg I+i e`ltfXZZLV rA s a4Ati3:..a.3L.iC..ite
ti..
LAWS OF 1•LO111)3A 1'TEt:, 51-15e5
Section 15. Public purpose.--.ft is l,c,ac` < tI tern- nie;i and cl.
clared that each and all of the powers conferred by this Act and
the exercise thereof are proper public and municipal purpos s.
Section 16. Additional and alternative 7;rethnrt..--'1'I.is Act shalt
be deemed to provide an additional and alternative method for
the doing of the things authorized hereby and shall 3,,, regarded as
supplemental and additional to the powers conferred by i.ny other
law, and shall not be regarded as in derol, atcon of arty puiver:;
now existing. Bonds may be issued <,t;:Y any other action may he
taken hereunder notwithstanding that ei•_y other law may provide
for the issuance of bonds for like purpu:e.s or the taking of like
action and without regard to the rt:quirements, restrictions or
procedural provisions contained in any other law.
Section 17. Liberal construction. --This Act, beir,,; necessary for
the welfare of the inhabitants of 'the City, shall be liberally con-
strued to effect the purposes thereof.
Section 18. Coau;titutioivil pro''isu_ns of this
Act sre severable, and if any ut t_:o.isio:is shall ,c held uncon-
..itutional by any court of competent jurisdiction, the decision of
such court shall not affect or impt,ii ;.,,y of the remaining provisions.
It is hereby declared to be the legisi..ti•, t' i;rtt_ctt that this Act would
have been adopted had such onco:;rl:tutronnl provision not been
included therein.
Section 19. Effective. date: —This Act shall take effect iiiiinedi •
ately upon its becoming a law.
Became a law without the Governor's approval.
Filed in Office Secretary of State June 1, 1957.
CIiAPTE1 57-1555
SENATE BILL NO. 13 to
AN ACT to authorize the City of Miami to provide for th•.r acquisi-
tion upon, and enforcement cf liens agai st, also custody, storage,
sale, or other disposition of lost, cu !i:rec3, abandoned, stolen or
wrecked property. "' _--
Be It Enacted by the Legislcttrrc of tine State of f'toridu:
Section I. In addition to the t vki•crs 1.1w <,u'horiztd by law,
"475
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1.
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CliAPTCR. -1.;•,.4.0
the City l!f is ••,:n••li lion mid
of all lost, capturoil, •lbandotied, Anion, or itt"at•t ti Itt'
may be lawfully seized or othenii..iii tahen (if
Department Of ''c f td Clt V; nn1 it .:,l1C11 11' 01)1-•rl',* '0'1/. /I
or taken po.sesston of shall not. he elatti.il by thelit ftd .11Vilf
and posseision surrendered to such oiviivr fen. (1 i)
clays from the date oi ‘-eirairo or tal,in!t City,
to provide by ordinal:, e for the pui:lic s.110 herent,
of nntice thereot by rai3 City in a ; 0,1 City
one time at leait ten (lit) days prior to the date of s.ich
publication may la:: made before the Lrtuiitti S;1111
(45) days, for a sal , tliercalter.
Section 2. Said City shall have the right to fix sin+ rni.' of
storage or cast of keeping tam:: as may be reasonable and
und may require the coviler. bolore being re..tni•eil said propi:i, ,
to pay said stera.ite or cost of I:et:ping the same, told in default oi
pay-nient, si C i y for the ptiblie sale of Salm: to
*satisfy said Siiction 1 ef this Act.
('in 3, '111,-- of On. Act not apply to po.,-.cs-
iicid cetileoie in a court
jurisdiction tlierool, nor in pro,,city hy the City under
of any kla1111:(11': MI/ tin:, Act apply to nklels, revolvcrs,.
I.nices, •, 01.11,o. pi.opt.rty chorac ter, di.:
cf whith made .ill such tint,:
property may City•
Sernon suiplos mayh ireeivcd the por-
che price of ;,,, over alt.1 abovi, thc•
Of such storage ellare,cs (and esiperises incident to ;;;11c) be re-
tained by the City to be delivered to the olvtit•r of such property
upon claim made by idol, but if no claim shall be made for :Ault
proceeds ‘vi.hin ip.•:.itid of six (ti) months after such :.ale, then
said funds shall the pr.:pert- of the City to be clispo,ed'of
as may be prov;det'. by ordinance of said City.
Seotion 5. Tin,. Act shad tzil..e effect immediately upon hi-
1 imv.
Drceallie a Liu.- without tile Govecnor'N approval
k'ilecttr Offit.•e Secretary of State June 29, 1957.
P.w.m....."•••••••••••• so". ••••••rirr„.. •-•••••••••••••••...• • keLe... An••••• • op. or • nrylrode vie voso..ftrorwr
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At c Jn,da., Revised April1972 by Lohmenn
1 ii t41 DIME'? NEY PUMA YACHT ij
.Fya/- oi: d Djr
Depot lrntr+t Lt Public Woe L
C,ta a Miami Florida
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BAYFRONT PROI-118177vE
ANCHORAGE AREA
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MIAMI tEViENNAle
AND DAILY RECORD
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally ap-
peared Martha Orobnie, who on oath says that she
is the Office Manager of the Miami Review and
Daily Record, a daily (except Saturday, Sunday and
Legal Holidays) newspaper, published at Miami In
Dade County, Florida; that the attached copy of adver•
Nsement, being a Legal Advertisement or Notice In
the matter of r1riAnt-i On 04. nrrri_inalit:.r`
q1 11
nr+. 7.nnrt1'A1
.'e rr±ssoi 11111ayr.i11..
T rr ckl-e ,t .; Lt',:'1 Till"1rr 'sari,1a
In the Court.
was published in said newspaper to the Issues of
1(1. 1 (1- 1
Affient further says that the said Miami Review
and Daily Record Is a newspaper published at Miami,
in said Dade County, Florida, and that the said news-
paper has heretofore been continuously published in
said Dade County, Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
second class mail matter at the post office in Miami,
In said Dade County, Florida, for a period of one year
next preceding the first publication of the attached
copy of advertisement; and affiant further says that
she has neither paid nor promised any person, firm
or corporation any discount, rebate. commission or
refund for the purpose of securing this advertisement
for publication in theissaid newspaper.
Sworn to and subscribed before me this
QOt ' day of biTS1.laX' A. D. 19 71
Janet Leo
Notary Public, State of Florida at Large
(SEAL)
My Commission expires April 15, 1973.
ritt Or MLSMt,
nAl f: corNy ', Ft.ORTOA
I.1%r.,1t, NOTtt t
All Interestril will take nntlre
that nn the 25th day or Jatuta/T.
1973 tt,e Can mission of t!:n City
of tiami, Florida adopted an
nrdtnance entitled •
AN ORDINANCE. AMENDING;
SECTION 50-11 AND RE-
PEALING SECTIONS 5043
AND rn_--15 OF THE COPE
OF THE CITY OF MiAMI,
FLORIDA FOR THE PUR-
POSE OF PROVID1Nt; FOR
THE REMOVAL OF VESSEi.S
.LAWFULLY LOCATED
WITHIN THE AREAS DE-
SCRIBED AS THE DINNER
REY MARINA YACHT BASIN
AND THE BAYFRONT PRO-
fi1R1Tit•1N('11,P.A:i•;
AREA: PROVIDING FOR
TttF. REStOVAI. POSSFSSIC•Y,
STORACE AND SALE BY
ANb A LINT IN FAVOR rib`
THE CITY OF MIAMI
AGAINST SAID VNLAw-
FULLY LOCATED VESSELS:
REPEALING ALL 0 R I) I-
NANCES, CODE SECTIONS
OR PARTS THEREOF IN
CONFLICT INSOFAR AS
THEY ARE IN CONFLICT:
CONTAINING A SEVERABIL.
ITY PROVISION: I'ROVID.
INC. FOR AN EFFECTIVE
DATE
which Is designated Ordtnnnce
No. SI33.
11. D. SOUTHERN
CITY CLERK
CITY OF �IIAMI,
FLORIDA
Pnbliratton of this nntirn no
the :.!Oth cloy of January, 1n:3.
Ad Nu. tlrlti4t
SRS/ts
11/20/72
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 50-11 AND REPEALING
SECTIONS 50-75 AND 50-15 OF THE CODE OF THE CITY
OF MIAMI, FLORIDA, FOR THE PURPOSE OF PROVIDING FOR
THE REMOVAL OF VESSELS UNLAWFULLY LOCATED WITHIN
THE AREAS DESCRIBED AS THE DINNER KEY MARINA YACHT
BASIN AND THE BAYFRONT PROHIBITIVE ANCHORAGE AREA;
PROVIDING FOR THE REMOVAL, POSSESSION, STORAGE AND
SALE BY AND A LIEN IN FAVOR OF THE CITY OF MIAMI
AGAINST SAID UNLAWFULLY LOCATED VESSELS; REPEALING
ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN
CONFLICT, INSOFAR AS THEY ARE IN CONFLICT; CONTAIN-
ING A SEVERABILITY PROVISION; D S
0
S - S
vN .
BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Sections 50-15 and 50-75 of the Code of the
City of Miami, Florida, are hereby repealed and Section
50-11 thereof is hereby amended to read, as follows:
Sec. 50-11. Obstructing channels; unlawful anchoring, mooring
or docking; unlawful use of navigational aids.
It shall be unlawful for any vessel within the city to
obstruct any established channel of the city; or to tie up
to or to discharge persons upon any navigational aid within
the city; or to anchor within the limits of any established
channel of the city; or to anchor, moor, or dock, without
city permission, within the protected water area of either
the Dinner Key Marina Yacht Basin or the Bayfront Prohibitive
Anchorage Area, both as described below:
a. Dinner Key Marina Yacht Basin.
Beginning at the intersection of the southeasterly
production of the southwesterly right of way line
of Kirk Street with the Dade County Bulkhead Line;
thence run S 13° 56' 20" E for a distance of 1275
feet, more or less, to a point, said point being
on the easterly side of mole No. 5 in Biscayne Bay;
thence run S 4° 00' E for a distance of 2050 feet,
more or less, to a point, said point being the
southerly tip of mole No. 3 in Biscayne Bay; thence
run S 76° 00' W for a distance of 2600 feet, more
or less, to a point, said point being the southerly
tip of mole No. 1 in Biscayne Bay; thence run N
85° 00' W for a distance of 1550 feet, more or
less, to a point, said point being the most
°X 71
westerly tip of the aforementioned mole No. 1,
said point also being an intersection with the
southeasterly production of the southwesterly
boundary of COCONUT GROVE BAYFRONT PARK SECTION
ONE, as recorded in Plat Book 82, at Page 85,
of the Public Records of Dade County, Florida;
thence run N 46° 23$ 30" W along the southeasterly
production of the southwesterly line of afore-
mentioned COCONUT GROVE BAYFRONT PARK SECTION ONE
for a distance of 650 feet, more or less, to an
intersection with the Dade County Bulkhead Line,
thence northeastwardly meandering the northwesterly
shore line of Biscayne Bay to the southeasterly
production of the northeasterly line of Aviation
Avenue; thence northeastwardly along the Dade
County Bulkhead Line to the Point of Beginning;
all as shown on a sketch prepared by the City
Department of Public Works under file number
Miscellaneous 33-108A, a copy of which is available
for inspection at the Dinner Key Marina and the
office of the City Clerk; said sketch being attached
hereto and made a part hereof.
b. Bayfront Prohibitive Anchorage Area.
Bounded on the east by the portion of the Dade
County Bulkhead Line lying between the easterly
extension of the south property line of Chopin
Plaza, formerly known as S.E. 2nd Street, and the
southerly boundary of the Miamarina Restaurant
site; bounded on the west by the existing bulkhead of Bay -
front Park lying between the easterly extension of
the south property line of Chopin Plaza and the
Miamarina Restaurant site; bounded on the north by
the southerly boundary of said Miamarina Restaurant
site lying between the existing bulkhead of Bayfront
Park and the Dade County Bulkhead Line; bounded on
the south property line of Chopin Plaza and lying
between the existing bulkhead line and the Dade
County Bulkhead Line, all as shown on a sketch
prepared by the City Department of Public Works
under file number Miscellaneous 40-55, a copy of
which is available for inspection at the Miamarina
dock office and the office of the City Clerk; said
sketch being attached hereto and made a part hereof.
Sec. 50-11.1 Notice to Remove Vessel.
The Director of the Department of Yacht Docks shall cause
to be placed upon, or as near to the vessel as possible,
a notice (not less than eight inches by ten inches (8"x10"1
and sufficiently weatherproof to withstand normal exposure
to the elements) containing notification that the vessel is
in violation of Sec. 50-11 of the Code of the City of Miami,
Florida, and must be removed within forty-eight (48)
hours from the time the notice was posted otherwise it shall
be presumed to be abandoned property and will be removed by
the Department of Police of the City of Miami. The removal
and return of any vessel after notice has been posted shall
be unlawful and shall not serve to extend or circumvent the
original forty-eight (48) hour notice period. If possible,
oral or telephone notice to remove shall also be given the
vessel owner or operator during said forty-eight (48) hour
period based upon local public records of the vessel's
registration or other documentation, if any.
50-11.2 Applicability of Chapter 57-1585, Laws of Florida,
Special Acts, 1957.
The provisions of Chapter 57-1585, Laws of Florida,
Special Acts, 1957, shall be applicable and shall govern
the taking of possession, storage, publication of sale, and
sale of, and establishment of a lien against (and matters
relating thereto) vessels in violation of the provisions of
Sec. 50-11, above. In this connection: (1) the term abandoned
property in said Chapter 57-1585 shall mean a vessel in
violation of Sec. 50-11 which has not been removed pursuant
to notice given under Sec. 50-11.1, (2) the Department of
Yacht Docks shall assist and act as the agent for the
Department of Police in taking possession of vessels in
violation of Sec. 50-11, (3) the ordinance adopting this
section (Sec. 50-11.2) is the ordinance providing for the
public sale of said abandoned property as required in Section
1 of said Chapter 57-1585, (4) the Director of the Department
of Yacht Docks shall fix the rates of storage under the pro-
visions of Section 2 of said Chapter 57-1585, and (5) unless
otherwise specifically provided in said Chapter 57-1585 the
Director of the Department of Yacht Docks shall be the
enforcement officer for the purpose of placing the provisions
of Chapter 57-1585 into execution.
Section 2. A copy of Chapter 57-1585, Laws of Florida,
Special Acts, 1957, is attached hereto and made a part hereof.
Section 3. All ordinances, code sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 4. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the
i
luei'on of aueh part or Party aha .. be ee ted and held to
be valid as if auch pairte had not been included therein,
Section Ss Thia rdinanca is 1here1y declared� he an
emergency meaaur€
ground of urg . ubic need for
the prea %-t.on of peace, h- , eafety and property in
the City Of Miami.
Section 6. The re. .rement of reeding this ordnance
en two separate .ays is hereby dispensed ' '- y a Mote of
riot les- hats four fifths of t _ embers of the Commission.
PASSED AND ADOPTS ' this day of
�' .. is 4.N 1 w.y na.! Y' 1 '..•.^I+s' ✓# �4,. (.:
19726
Attest:
PREP i D AND ;APP : •VED Y:
S. R. Sterbenz
Assistant City Attorne
REVIEWED BY:
�
ohn S. Lloyd
Asst. to Dir. of Dept.
AP`.p, D AS O
l • •1.
AND
MAYOR
City Clerk
RRECTNESS:
ianotletex
City Attorney
CITY COMMISS Q
MEETING OF
gt,HRtiCe tNQ.. .•,.'IfV*,
r
•
off-..: S.iG1t_tfJ�f'•aassiYYw�;tiT>fi'4it�'eyi+1YL,:r+�:•yai..0 w.�=asn:��a daiewo...:i.w.. '.. .. • +
LAWS OF FLORIDA l.iiAPTF 1Z 57-1585
Section 15. Public -propose.—It is hereby determined and de-
clared that each and all of the powers conferred by this Act and
the exercise thereof are proper public and municipal purposes.
Section 1G. Additional end altcrnatire vwthori.—This .Act shall
be deemed to provide an additional and alternative method for
the doing of the things authorized Hereby and shall be regarded as
supplemental and additional to the powers conferred by any other
law, and shall not be regarded as in derogation of any powers
now existing. Bonds may be issued and any either action may be
taken hereunder notwithstandirng that any other law may provide
for the issuance of bonds for Iike purposes or the taking of like
action and without regard to the requirements, restrictions or
procedural provisions contained in any other law.
Section 17. Liberal cortstructio,i.—This Act, being necessary for
the welfare of the inhabitants of the City, shall be liberally con-
strued to effect the purposes thereof.
Section 18. CoristituticrlCLI construction — The provisions of this
Act are severable, and if any of its provisions shall be held uncon-
stitutional by any court of competent jurisdiction, the decision of
r
such court shall not affect or impairany of the remaining provisions.
It is hereby declared to be the legislative intent that this Act would
have been adopted hacl such unconstitutional provision not been
included therein.
Section 19. Effective date. —This Act shall take effect immedi-
ately upon its becoming a law.
Became a law without the Governor's approval.
Filed in Office Secretary of State June 7, 1957.
CHAPTER 57-1585
SENATE BILL NO. 1340
AN ACT to authorize the City of Miami to provide for the acquisi-
tion upon, rind enforcement of liens agaiIlst, also custody, storage,
sale, or other disposition of lust, captured, abandoned, stolen_ or
wrecked property
Be It Enacted. by the LegisIatiire of the Stnte of. Florida:
Section 1. In addition to the powers now authorized by law,
—L4 75
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CHAPTEP, a•5 LAWS OF FLORIDA
the City of Miami is hereby ;i•:en a lien for storage and keeping
of all lost, captured, abandoned, stolen, or wrecked property which
may be lawfully seized or otherwise taken possession of by the
Department of Police of said City; and if such property so seized
or taken possession of shall not be clairned by the rightful owner
and possession surrendered to such owner within forty-five (45)
clays from the date of seizure or taking of possession by said City,
to provide by ordinance for the public sale thereof, after publication
of notice thereof by said City in a newspaper published in said City
one time at least ten (10) days prior to the date of such sale. Such
publication may be made before the termination of said forty-five
(45) days, for a sale thereafter.
Section 2. Said City shall have the right to fix such rates of
storage or cost of keeping same as may be reasonable and proper
and may require the owner, before being restored said property,
to pay said storage or cost of keeping the same, and in -default. of
payment, said City may provide for the public sale of satne to
satisfy said lien, as prescribed in Section 1 of this Act.
Section 3. The provisions of this Act shall not apply to posses-
sion of any property otherwise held as evidence in a court having
jurisdiction thereof, nor to property held by the City under terms
of any ordinance; nor shall this Act apply to pistols, revolvers,
knives, slingshots, dirks, or other property of like character, the
possession of which is made unlawful, but all such unlawful
property may be summarily destroyed by said City.
Section 4. Any surplus which may be received as the pur-
chase price of said property so sold, over and above the amount
of such storage charges (and expenses incident to sale) shall be re-
tained by the City to be delivered to the owner of such property
upon claim made by him, but if no claim shall be made for such
proceeds within a period of six (6) months after such sale, then
said funds shall become the property of the City to be disposed of
as may be provided by ordinance of said City.
Section 5. This Act shall take effect immediately upon be-
coming a law.
Became a law without the Governor's approval.
Filed in Office Secretary of State June 29, 1957.
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LEGEND
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