1966-549ORDINANCE NO. 549
AN ORDINANCE AMENDING CHAPTER 15 OF THE
CODE OF ORDINANCES OF CITY OF SOUTH MIAMI,
BY ADDING - TH RETO A -NEW SECTION 15 -73
PROVIDING THAT IT SHALL BE UNLAWFUL TO
ABANDON ICEBOXES, REFRIGERATORS AND OTHER
CONTAINERS THE DOORS OF WHICH HAVE NOT BEEN
REMOVED, PROVIDING THAT THE SAME DOES NOT _
APPLY TO ICEBOXES, REFRIGERATORS OR CONTAINERS
WHICH A.W IN NO MAL USE IN A HOME, RENTAL UNIT
OR PLACE OF BUSINESS; PROVIDING FOR A SEVER -
ABILITY CLAUSE_
_ WHEREAS, deaths have occurred due to the suffocati` of
children locked i— abandoned iceboxes, refrigerators, and other
containers having air -tight doors which, when closed, cannot be
opened from the inside; and
WHEREAS, abandoned, unattended or discarded iceboxes,
containers or refrigerators are hereby declared `ta'be an
attractive nuisance to-.,children, whether or not such"chldren
are trespassers, and a menace to their health and safety when
accessible to them; and
WHEREAS, the 'C "ity Council deems it advisable in the
interest of the general welfare of the City of South Miami and
its inhabitants to combat this menace;
NOW, THEREFORE, BE IT O
RDAINED BY THE MAYOR AND CITY
COUNCIL OF CITY OF SOUTH MIAMI, FLORIDA:
A. That a new Section "15- 73 of Cha "pter 15 of- the Code
of Ordinances of City of South Miami, Florida, is hereby enacted
as follows:
Section 15 -73 Abandonment -of certaa'n 'iceboxes,
refrigerators, etc., unlawful.
It shall'be unlawful for any person "to allow
y . ' t;
an `i.cebox contai.'ner or refrigerator with an
interior storage area of more than one and ,
one-ha-if-cubic feet of clear space, to "remain
on liis Pe ro r'ty or'property under his control,
p
or to discard or abandon same without the doors
of same being removed; providing that this shall
not apply to an icebox, container or refrigerator
which'is in 'normal use in a home, rental unit,
or place of business.
2. Any, person violating the provisions of this section
of the Code shall, upon conviction, be fined not more than Five
Hundred Dollars, or be imprisoned at hard labor on the streets
or other'works of the City, for not more than sixty `(60) days,
ORDINANCE NO. 549 (continued)
or shall be both fined and -imprisoned,in the discretion of
the Municipal Judge. Each day that such violation shall
continue shall constitute a separate offense.
3. That 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 of
invalidity shall not affect the remainift portions of this
ordinance, and''it shall be construed to have been the intent
of urtc of -the, City yo f okh7Mia ipks s.this
ordinance without such unconstitutional, invalid or inopera-
tive part therein, and the remainder of this ordinance After
-the exclusion of such part or parts shall be deemed and held
to be valid as if such-part had not been included herein.
PASSED AND ADOPTED this 15 day of November, A.D. 1966.
APPROVED:
32MM'We aft. S2
Mayor
ATTEST:
dt Clerk