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O-008-32 MIA SHORES VILUGEl ORDINANCE No* AN ORDINANCE DEFINING OFFENCES 9 FIM G PUNISHBMTS AND REL&TIVG TO EVIDMM t SEARCHES AND SEIZURES, BE IT ORDAINED BY MIAMI SHORES VILLAGE: ___�Sectlm 1* Offences, Whoever# in the villages shall commits or shall aids abet or assist another In comnitting any of the followings to-wit: accepting a bribe,* adulterating food or drink for sale ; aiding, with knowledges a person to escape from lawful custody of an officers or to flee the scene of an offence; affray- engaging in an affray; arrest- resistings or hindering or obstructing an arrest or attempted arrest; assault or assault and battery; brothel- keeping a brothel or disorderly house or being an inmate thereof; cheating; culpable negligence to the injury of any person or property; embezzlement; extortion or malpractice by any public offioer; falsifying public records or making false entries therein; fighting; firearms- oarryingg discharging or using a firearm or other deadly weapon without written permit from the council; food and drink- selling diseased-9 decayed or unwholesome food or drink; fraud; impersonating any public officer; indecent exposure of the persm; intoxicating liquors- selling alcoholic or intoxicating liquor to a minor; lewd and lascivious cmduot ; obtaining propertyp money or lodging by false pretense or by fraudulent representation; open adultery; perjury or subornation of perjury; petit larceny; poisonous beverages- manufacturing* selling or trans- porting poisonous beverages dr .00ncootione -for - beverage ,purposea; process- resisting or evading service of legal process; public fomication; quarantine- breaking or violating a lawful quarantine ; receiving or concealing stolen goodsp with knowledge thereof; riot- inciting or engaging in a riot 9 rout 9 mob or un- lawful assembly; upon conviction thereof shall be punished by a fine of not less than $25.00 nor more than $500.009 or by imprisonment on the streets or other works of the village for not exceeding sixty days9 or by both such fine and imprisomen.to in the discretion of the court, Section 2, Other offences* Whoever, in the villages shall commit or shall aids abet or assist another in committing any of the f011OWi3*9 tO-Wit: animals- maliciously or wantonly or by gross negli- genoe killing a dog or other animal of another person; assembly- disturbing a lawful assembly; bonfires and grass fires- making or causing a bonfire or grass fire without permission from the village �2- manager or at a time or place not so permitted; breach of the peace; disorderly conduct; dogs- permitting a dog' awned by oneself to bite a person$* or failing to keep securely tied or enclosed any vicious dog or other animal, or maintaining a barking dog 'after complaint against the same by a neighbor or by the vil- lage manager'; drumkeness- being publicly drunk explosive- keeping dynamites nitroglycerine ,, gunpowder, gasoline or kerosene in excess of fifty gallonst or other explosive or highly inflammable substance with- out written, permit from the council; exploding or blasting with-any explosive substanae without written permit from the council or at a time or place not so permitted; false statement- knowingly making 4 false statement in applying for any permit or permission required by any ordinance; fire fighting equipment- driving over a fire hose or into a fire hydrant; or obstructing or interfering with a fireman, fire fighting equipments vehicles or appara- tus; blowing or imitating a fire whistle or siren; turning in a false alarm of f ire; fence or hedge- wilfully breaking or damaging anotherts fence or hedge; gambling- maintaining a gambling house; garbage- any occupant failing to promptly dispose of all garbaget offals and animal carcasses from the premises occupied by him; hogs- keeping hogs or pigs nuisances- maintaining any source or cause of noxious odor * or gas or of any loud * disturbing noise Or,,other nuisance; or causing the same to exist; -3- monuments- removings defaoingg or otherwise damaging or destroying a monument or boundary marker without the ownerts consent; obscene prints- circulating or offering for sale an obscene print or picture; petting in a public place; profanity- publicly indulging in profanes obscene or abusive language; public utilities- driving Into electrical poles standard or fixture; tampering withe removing # defacing or otherwise damaging a water mainj fire hydrants el- eotrioal or water meters electrical powers, light# telephone or telegraph poles wires circuit , insu- latort transformer or apparatus- except by lawful authority so to do; 6hrubbery- outtinge t earings, burnings pluckingg or otherwise damaging or removing any treeg shrubs flower or other plant on a public park or parkways or on village propertyt without authority of the village; shrubbery- outtingt tearingo burningt plucking or otherwise damaging or removing any tree# shrubs flower or other plant on private property without permission of the owner or caretaker thereof; streets and sidewalks". writing on# printing on# or painting on or digging In a public street or side- walks or placing any -sign or banner thereon .or thereover without permission of the council; placing or keeping any beach, abairt pots box or other article in a public street or on a public sidewalk or parkways or otherwise obstructing a public streets walk or way; throwing trash or refuse in a public street , sidewalk,, park or parkway. toilets- maintaining an ope3;t outsXde toilet or privy; trespassing on another pef-son's real property. village property- writing one printing one painting one cuttings burningo tearing or otherwise damegin�or defacing village offioess furniture$ machinery or other property owned or used by the village; upon conviction thereof's shall be punished by a fine not ex- oeeding $100009 or by Imprisonment for. not exceeding thirty days on the streets or other works of the villages or in any lawful places or by both such fine and impriscnments in the discretion of the court # provided that one convicted of any offences resulting in damage to property owned or used by the village shall be punished by a fine of 050.00 and the amount of the damages or cost of repairing the saw 9 or by such Imprisonment not exceeding thirty dayss or by both such fine and imprisonments as in the discretion of the court shall seem proper.. Section 3* Definition$ Adopted by Reference* The definitions and elements of all offenses not otherwise defined* shall be the same as in cases Of crimes against the State of Floridal the same as"I' as and ,,,,the nearest corresponding nam terms as defined by the Statutes of Florida and decisions of the Supreme Court of Florida from time to times and when no such applicable statute or court decision bgfoundq .the definitions of such offences by the Common Law of England shall govern and apply. Section 4. Vagrants. Vagrants as defined in chapter 5419 Acts of Florida of 1905 as amended by chapter 5720s Acts of Florida 1907 ( See. 7655 0. G. L. , 1927) being or)found in the village shall be punished by fine not exceeding one hundred dollars or by imprisonment on the streets or other works of the village for not exceeding thirty days # or by both such fine and imprisonments in the discretion of the court. *P5- Section 5, Presumptions and evidence.a The same presump- ticnA and rules of prima facie proof and other rules of evidence as from time to time shall be provided by the statutes of Florida concerning crimes by the same er"es the nearest corresponding nelmes to the offences herein- before enumerateds shall apply and be enforced in trials for such offenoest in the village court, so far as the same be applicable. Section 6* Forfeitures, All weaponsq gambling devices and other personal.property and paraphenalia used illegally by any person shall be seized upon his arrest and if he be convicted, shall be forfeited to the villages and shall be sold or otherwise disposed of under direction of the . council; but if he be acquitteds such property shall be returned to him. Section 7. Crimes Any officer of the village may arrest, without a warrants any person committing a crime against the State of Floridap in his sight or presences whether the same be an offence against the Village or not,, such arrested person to be held for the sheriff of Dade County. Section 8. Searches Any officer of the village may enter upon premises without a warrant if he observe an offence committed thereon or a fugitive flee thereto-, otherwise he shall enter only with a search warrant to be issued by the village judge upon affidavit of reasonable cause existing to believe an offence has been or is being com- mitted on such premises or that a fugitive from justice -is on such premises. Such warrant shall deforibe the premises. briefly and may be served eith6r by day or by night �J­ Sedtion .-9. Traffic Regulations,'; No private vehicle ex- t, cepting ambulances shall be operated. or driven in the village at A .speed exceeding forty�-flve miles per hours nor shall a vehicle7be, 'parked within fifteen feet of an7 f ire- h7drant or the same distance of an , intersecting �street or alle7 line, nor In front: of-another 7 . 064i;__ person's walk or drivewa7 without his permission.-, Ppon sounding of a fire alarm., and approach offir­ kppa P_ ratub on a street where)a vehicle shall be hicles in , -all ve such street shall stop at the nearest curb� ofthe a treet and remain stationar7. until the fire apparatus shall pass, F Ire trucks, police trucks and cars ambulances -shall # and have the right of way atalltlmes as against other - hicles on all streets. As between othe vehiclesi east and west traffic shall have the right of wa7 on all streets� Xv except -across Bisoa7no .Boulevard or Federal Hi ghwayL Northeast Sixth Avenues Northeast Second Avenud-and North Miami Avenue, on which 'last mentioned streetsAtI all intersections,, the 'north and south bound traffic shall right of wa7s provided tb:at children 'on foot' under sixteen .years of age$ shall. have the superior right of way at all times and plaoes, and all vehicles shall sto - before entering right-of- streets wa7 and where provisions hereof do not appl7s the law of the roa d as contained in the statutea of Florida from time' t - 0 time shall a_Pp17I -and govern trafflcin �and through the Village, but shall be unlawful -for any person under any cl rcumstances regardless Of right Of wa7 Or rules or- otber- law of the road to 'operate a motor or other vehicle re o k__ lessl-7., -or at a rate of speed gr eater 'than, � or In -:a 7- manner other than shall be reasonable and proper in a good sober drivers having due regard to the widths traffic and use of the highwayst or so as to endanger the property or life or limb of any other person. Any person violating this section or any part hereof shall be punished by fine of not exceeding $250.00 or by imprisonment on the streets or other works of the village during not exceeding sixty days or by both'-suoh fine and imprisoment in the discretion of the court. Section 10. Construction. Every sections clause, sentences designation of offence and other part of this ordinance is severable from. all the remainder hereof, and the in- validity or failure to operate , of any sections clauses sentences designation of offence or other part hereof shall in no way or degree impair the validity or opera- tion of any other part hereof* Section 110 This ordinance all take effect upon passage and publication in 7:� - - -_ C a newspaper published in Miemiq Florida. Regularly passed and adopted by the council of Miami Shore s Village , Mar aoh 19,32. Attest: A d' A"illage Manager and As Mayor or th-6 Village. Clerk.