1968-615ORDINANCE NO. 615
AN ORDINANCE TO AMEND CHAPTER 2 OF THE
CODE OF ORDINANCES, CITY OF SOUTH MIAMI,
FLORIDA, BY ADDING ARTICLE V. THERETO
ESTABLISHING EMERGENCY-- MEASURES FOR RIOTS
AND OTHER DISORDERS; PRESCRIBING PENALTIES
FOR VIOLATION OF THE PROVISIONS HEREOF;
PROVIDING FOR SEPARABILITY, AND DECLARING
AN EMERGENCY TO EXIST.'
BE IT GRDATNTM V 'BHP MAVnR AM Crmy COUNCIL OF CITY OF
SOUTH MIAMI, FLORIDA:
section 1. That Chapter 2 of the Code of Ordinances,
City of South Miami, Florida, be and the same is hereby amended
by adding thereto Article V., reading as follows, to-wit:•
"ARTICLE V. STATE OF EMERGENCY
"Sec. 2 -43. Declaration of Emergency.
Whenever the Mayor or the City Manager
determines' "that there ha's been an act of vib]ence
or a flagrant and substantial defiance 'of or
resistance to- a' lawful exercise 'of "public authority,
and that
partly on' account thereof, there is 'r''eason
to believe that "the`re exists a clear and `present
p or other general public disorder,
wides read ' s
an to aersoon'edience of the law, and substantial
injury " persons or to _ property, all of which'_ "con -
stitutes a threat to` public peace "or order and-to
the general welfare f --t " C ity`1or apart or parts
thereof, either the Mayor or the'Cty'Manager, or
both, may, by telephone `'or othex message, notify -
the members of the City Council of the caliing"of``a
Council meeting' fito emergency session on short notice.
A majority of the City Council so assemble -d`may de-
cla"re "'that'a state of emergency exists within 'the
City or any part or parts thereof.
Sec. 2 -44. Emergency' measures
(1) Whenever the City Council, pursuant to
Sec. 2 -43 above, declares that a state of emergency
exists,
(a) measures bed for
be in
effect during the period of said
emergency and'throu'ghout the City, and
(b) the City Manager may order and pro -
mulgate all or any of the emergency
measures hereinafter provided, in
whole or in part, and with such
limitations and condit ions `as he may
deem appropriate, and any such emer-
gency measure so order and promulgated
shall thereupon be in effect during
the - period of said "bimergency and in the
area or areas for which the emergency
has been declared, to -wit:
"(2) (a) The sale or other transfer of
possession, with or without con-
sideration, offer to sell or so
transfer", and the purchase of any
ammuni ion, g s and nd other firearms
of any size or description is pro-
-2-
ORDINANCE NO. 615
hibited.
(b)
The displaying by or in any store or
shop of anv ammunition, guns and other
firearms of any size or description is
prohibited.
(c)
The 'in a puiihic place of a
rifle or shotgun by any person, except
a duly authorized law enforcement official
or person in military service acting in the
official performance of his ''duty, is pro-
hibited.
(d)
The possession of any rifle or shotgiin in
any place, public or private by a non-
resident is prohibited.
"`(3) (a)
The est"I " 1&6nt of curfe` "'' `e "lMD ""
is ws, 'including,
but not limited'to, the prohibition'`of
or "restrictions ' din "pede'str an 'and vehicular
movement, standing`and"park "ng, "'except `for
the provision'of` designated essential ser-
vices such as fire, police and hospital
service's including "'the transportation of
i
pate'nts thereto, utility emergency repairs
and emergency calls by'physicians.
(b)
The prohibition of the sale of any alco-
holic beverage.
(c)
The`prohib tion °of the possession on '`the
person in a public place of any - portable
container containing any alcoholic bever-
age.
(d)
The closing of places of public assemblage
with designated exceptions.
(e)
The prohibition "of the sale or other
transfer of possession`,` with or without
consideration, of gasoline or any other
flammable'or combustible liquid altogether
or except by delivery "into "'a tank properly
affixed to any operable motor driven vehicle,
bike, scooter, boat or airplane and necessary
for the propulsion thereof.
-2-
ORDINANCE NO. 615
(f) The prohibition of the possession in a
public place of any portable container
containing gasoline or any other flammable
or combustible liquid.
"Sec. 2 -45, Filing and publication.
Any state of emergency or emergency measure declared
or ordered and promulgated by virtue of the terms of this
local law shall, as promptly as practicable, be filed in
+' the office of the City Clark- and shall also be delivered
to appropriate news media for publication and radio and
I elevision broadcast thereby. If practicable, such state
of emergency declaration or emergency measure shall also
be publicized -W —tither appropriate " means suctC as - by -post -
ing and loud- speakers.
"Sec. 2 -46. Duration and termination of emergency.
A state of emergency established hereunder shall
commence Council, as� r �
here'inaboveprovided, and shalltermiiia`t'
e
at the end of a period of fifteen Consecutive days there-
a`fter unless `prior to the end -6-f such fifteen day period
the City Manager shall either terminate su4h-state of
emer "gency or the City Council shall declare an additional
state of emergency."
Section 2. That any person, persons, firm, partnership or
corporation violating any of the provisions of this ordinance
shall, upon conviction, be punished by a fine not to exceed
$500.00, or by imprisonment not to exceed six months, or by both
such fine and imprisonment in the discretion of the Municipal
Judge. Each day that a violation is permitted to exist shall
constitute a separate offense.
Section 3. If any section, subdivision, paragraph, clause
jor provision herein shall be declared unconstitutional or
ineffective, in whole or in part, to the extent that it is not
unconstitutional or ineffective, -it shall be valid and effective
and no other section; subdivision, paragraph, clause or provision
shall on'account thereof be deemed invalid or ineffective.
Section "4. That this ordinance is hereby declared to be an
emergency measure upon the ground of urgent public need for the
-3-
ORDINANCE NO. 615
preservation of the peace, health, welfare and property of the
people of the City of South Miami, and shall become effective
upon publication at least one time by caption in a newspaper
of general circulation in the City, or upon its being posted
in frill in a conspit-itnivs nlagn in Sniith Miami, Florida. This �
ordinance shall become effective upon its adoption in the
manner provided by law.
PASSED and ADOPTEb this llth'day of June, A.D. 1968.
APPROVED:
Mayor
ATTEST:
r
-
City Clerk
t�
Al
-4-
ORDINANCE NO. 615