O-152-46 ORDINANCE NO. 152
AN ORDINANCE PROVIDING FOR THE SUPERVISION
AND REGULATION OF PERSONS't FIRMS9 GORPORA-
TIONS AND ASSOCIATIONS OWNING AND/OR
CONTROLLING. MOTOR V-EHICLES WHEN OPERATED AS
SIGHTSEEING CARS, TAXICABS OR FOR-HIRE CARS
AS HEREIN DEFINED, AND PROVIDING, PgNALTIES
FOR THE VIOLATION OF THE PROVISIONS OF THIS
ORDINANCE.
BE IT ORD*-INED BY MIAMI SHORES VILLAGEv FLORIDA,
SECTION 1, For the purpose of thi's ordinance,
(a) The �.term "motor vehicle" means any
motor propelled vehicle . which,,,- when operated upon the streets
of Miami shores, Village for the transportation of passengers
for compensat Ion,,, e�lther tra�verses a route controlled by the
passenger or pas,sengers, or 14 driven to a destination selected
by the* passenger or passengers or is used for sightseeing,
purposes. A motor vehicle &.s the term to used in this ordinance
may be either a taxicab or a for-hire car or sightseeing car as
each is hereinafter defined.
(b) The term "t. axicab" or taxi means any
motor vehicle designed and constructed to accomodate not more than
five ,(5) passengers in the passenger compartment thereof and which-
Is equipped with -a motor or device, hereinafter called a taximeter,
by means of which the amount of the fare to be paid by the pas-
senger or pissengers.is mechanically computed and displayed and
the. route and/or destination, of which vehicle is controlled by
the pdseapgor or passengers ,therein.
(c)' The terms "for-hire" ear means any motor
vehicle which is provided with seating accomodations, for not less
thab four (4) nor more. than six (8) passengers In addit I ion to. the
driver and which Is not ecuipped with a taximeter and the charge
for theuise of which is ..datermi-ned by ,the length of. t1Ae for which
the motor vehicle is engaged or by the rates established for
specific sightseeing trips as approved by the Villagellanager,
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(d) The term "sightseeing ear* means
any motor vehicle with seating aeeomodations for seven (7) or
more persons and which In used on regularly conducted sightseeing
trips to destinations and over routes not controlled by the
passenger or passengers transported therein; the term "sight-
seeing ear" excludes any motor vehicle which is used in the
rendition of regular local transit. service over a definite and
fixed route in accordance with prescribed schedule.
(a) The term "street" means any public
street, avenue, road, boulevard, alley, lane, highway, sidewalk,
public parki viaduct or other public way or place located 'in
Miami Shores Village and established for the use of vehicles.
(f) The term "person" means an individual,
a co-partnership., .a corporation, a company,, an association,
and/or a joint stock association owning, controlling or operating
any motor vehicle.
(g) The term "applicant" means every
person who may make application for a Certificate of Public Con-
venience and Necessity as hereinafter described.
(h) The term "certificate" means a
Certificate of Public Convenience and Necessity as hereinafter
described and the term "certificate holdor" means a person as
herein defined to whom a �Certlfieatq of Public Convenience and
Necessity has been issued as herein provided.
(I) The term "driver" means every
Individual who shall, operate a motor, ,vehicle for which a permit
as hereinafter described has been issued.
(j ) The word "Village shall mean Miami
Shores Village.
Nothing in this ordinance is intended to apply to any
motor vehicle which operates over a definite and fixed route upon
a regular and prescribed schedule- or schedules and which is used
to, transport passengers for compensation either from place to
place within the limits of the village or between the village and
adjoining cities and towns,
SECTION 2* No person owning a motor vehicle as
defined heroin shall use or operate or shal.l ,cause or permit
any of his agents, servants or .employeen to use or operate
said motor vehicle as' s sightsesing car, taxicab or for-hire
car upon or over the strests of the vill�-ge without first having
obtalned, a Certificate of Public Convenience and Necessity as
hereinafter described and without thereafter having secured a
permit as hereinafter described for each vehicle to be operated
under said Certificate.
SECTION 3. Every application for a Certificate of
Public Convenience and Necessity shall be in writing verified by
the applicant and shall be filed with the Village Manager. Said
application shall set forth the following:
� (a) If the applicant Is an individual ,
the name, age and address of said applicant and the length of
time applicant has resided in the village or county; If a partner-
ship., the business name of said partnership and the name, age and
address of each partner and the length of time each partner has
resided in the Village or .County; if a corporation, the name of
the Corporation., , date of its incorporation and the namesand
addresses of Its ' offid"Irs; if the applicant is other than an
Individual, par tnership or corporation., the name of the applicant
and names and addresses of all persons constituting said applicant.
(b) Tho. olass of transportation service,
whether the operation of one or more sightseeing cars, taxicabs,_s
or for-,hire cars,, in which the applicant wishes to engage and a
brief description of, the kind or type of vehicle which the applicant
desi.res to use, Including the seating capacity and seating arrange '
m ant and the size and gross weight thereof.
(e) The names and addresses of at lea�zt
three (3) residents of the Village or County as reference,
(d) An agreement by the applicant to file,
'in the event that t heapplication should be granted and prior to
the issuance of the permit or permits hereinafter described, the
bond or bonds and/or insurance polici.es hereinafter provided for.
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A fee of twe'nty-five dollars ($25.00) shall be paid
at the time of filing' any suchapplication, said fee to be
applied to.. .thb cost of the notices and hearings required by this
ordinance and to :the cost of administering the provisions hereof.*
Upon the filing of said applicatilon. and the payment of
said feet the�Village Manager shall -report the ,receipt of the ap-
plication to the Village Count''il and the Village Council it-hall
thereupon fix a ,time for hearing said 'application. Such hearing
shall not be less than five (5) day& nor more than sixty (60)
days subsequent to the date .upon. :which said application was filed.
No application shall be granted or Certificate Issued unless such
a hearing has been hold by the Village..Counell. Notice of such
hearing. shall be given by posting or publication, and shall be
given to the applicant and to all certificate holders by regis-
tered mail at least five (5) days prior to the date set for such
hearing. Said .notice shall contain a brief summary of the subject
matter of the application and the time and place of the hearing
At the time specified In said notice a public hearing
upon said application shall be hold by the Village Council and
at or after such hearing the council may issue a certificate as
applied for, or refuse to issue ,the same., or may ,issue a cer-
- tificate with modifications, or upon such terms and eonditions-as
In its jud the public cori
. gment venienee and necessity may reqT;ire;
provided, that thO' Council in acting upon any application for a
certificate *ball take. into consideration all matters brought to
Its attentlon� whieh pertain to ,the qualifications or lack of
qualifications of the applicant as a common carrier and provided.-
furthert that a certificate shall. be .,Sr. anted only when, In the
opinion of the Village Council, the service already, provided by
existing certificate holders is so Inadequate. as to require the .
issuance of an additional certificate.
*Every, tertificate holder shall pay an occupational license fee
. .,of $25-00 plus $10.00 for each vehicle operated.
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Every such certificate issued under the provisions
of� thls ordinance shall be signed by the Mayor of the Village,
attested by the Village Clerk and shall contain, in addition to
the name and address of the person entitled thereto, a statement
of the class of transportation service authorized thereby and
also a statement of the minimum requirements of the motor vehicle
or vehicles to be used In the rendition of said transportation
service. A certificate shall also have stated thereon such
additional terms, conditions, provisions andlimitation as the
Village Council may deem proper or necessary I in the public Interest.
Every certificate authorizing the operation of one or
more for-hire cars shall entitle the holder thereof to use such
car or ears upon such sightseeing trips as have been approved by
the Village Manager.
Every certificate shall be obtained at the office of
the Village Manager by the person entitled thereto and a copy
thereof shall be sent by the Village Managerto the Village
Marshal, where it shall be kept on file.
Every certificate shall remain in full force and effect
from the time of its issuance until revoked In full or In part by
the Village Council, provided, however, that every certificate
Issued under the provisions hereof shall be sub ject to alteration.,
suspension or revocation by the Village Council atany time for
' good cause shown an d after due notice has been given to the holder
of said certificate and said holder has been given an opportunity
to be heard.
Every certificate of Public Convenience and Necessity
shall be subject to revocation at any time by the Village Council
upon hearing when It shall appear. that the holder thereof has
failed or neglected for a continuous period of 90 days to render ,
the service provided for thereby.
No certificate issued under the provisions or this
ordinance may be assigned or transferred without the consent of the
Village Council. Applications for transfers of any certificate
shall be filed jointly by the assignor and assignee and shall
be subject to the same provisions as to application fee, public
hearing and notice as original applications for certificates.
SECTION 4. No motor vehicle shall. be operated under
the authority of a Certificate unless and until the holder
thereof shall have filed the bond or, bonds and/or insurance
policies hereinafter provided for and shall have thereafter
secured from the Village Marshal the permit as hereinafter
prescribed.
SECTION 5. For the protection and safety of the
public it is hereby declared to be unlawful for a certificate
holder to drive or operate or cause or allow anotherto drive
or operate any motor vehicle under the provisions of a certificate
unless there is In full force and effect at all times while said
motor vehicle is being operated an indemnity bond or bonds fur-
nished by said certificate holder and placed on file in the
oifice - of the Village Clerk. Said indemnity bond or bonds shall
be given and filed for each motor vehicle operated under a eer-
tificate and shall be in the penal sum of Five Thousand Dollars
359000.00) for injury to any- one person.,, in the, penal sum of
Ten Thousand Dollars ($10,,000.00) for Injuries to more than one
person which are received in the �same accident and in the penal
sum of One Thousand Dollars -($I-,000.00) for property damage
resulting from any one aceident. ,� The said indemnity bond or bonds
shall have a surety thereon a surety company authorized to do
business in the State of Florida and shall be payable to the
Villageand shall inure:
(a To the benefit of any person who shall
receive bodily injuries by reason of
the negligence or misconduct, of the
certificate holder or the driver of
a motor vehicle while said vehicle is
being used under said certificate;
(b) To the benefit of the heirs or legal
representative of any person who
� shall die. by reason of thenegligenee
or misconduct of the certificate
holder or the driver of a motor vehicle
while said, vehicle is being used under
said certificate;
(e) To, the benefit of any person who shall
Sustain damages to his property through
the negligence or misconduct of the
certificate holder or the driver of a
motor vehicle while said vehicle is being
used under said certificate.
Provided, however.. that any holderof a Certificate may
file In lieu of said indemnity bond or bonds, a liability insurance
policy with an insurance comPanY ,authorized to do business in the
State of Florida and provided futther. that said liability insurance
policy shall guarantee the payment of the same amounts and to the
same persons and under the same conditions as hereinbefore recited
with respect to an indemnity bond or bonds.
Every Indemnity bond and/or liability insurance policy
filed with the Village Clerk In accordance with the renuirements of
this section shall contain a provision whereby the company Issuing
such indemnity bond and/or liability insurance policy shall obligate
itself to notify the Village Clerk in writing at least thirty (30)
days before any such bond and/or policy is altered, modified or
cancelled.
All Indemnity bonds and liability. insurance policies
filed by any certificate holder as herein provided shall be sub-
mitted to the Village .Attorney who shall report in writing to the -
Village Clerk and to the Village Manager the motor vehicles for
which valid and acceptable indemnity bonds .and/or liability
Insurance policies have been filed.
The Village Clerk shall report �o the Village Marshal
In writing the amount of cash or Government Bonds deposited by and
standing to the credit of any certificate holder and shall advise
the Village Marshal of all changes in said amount.
The Village Clerk shall advise the Village Marshal at
once when any changes or modifications are made in the amount or
the provisions of any indemnity bonds or liability insurance
policies filed with said Village Clerk.
SECTION 8. After the provisions of Section 5 hereof
have been complied with and before any motor vehicle or vehicles
shall be operated under the authority of a certificate, the holder
of such certificate shall make application to the Village Marshal
for a permit for each motor vehicle which it Is desired to
operate under said certificate. Every application for a permit or
permits shall be in writing verified by the certifies.to holder and
shall contain the name and address of said certificate holder,,
the number of the certificate and the make, type, year- of manufacture,
motor number, serial number, State license number, seating capacity
and S.A.E. horsepower of each motor vehicle for which a permit is
desired.
The Village Marshal shall issue to the certificate holder
a permit for each, motor vehicle listed in the application provided
that said motor vehicle fulfills the minimum requirements for motor
vehicles as set forth In the certificate and that the provisions of
Section 5 hereof have been complied with and provided further that
in the opinion of the Village Marshal, the color scheme to be used
upon said vehicle fulfills the requirements hereinafter set forth
and that the said motor vehicle is in satisfactory mechanical
condition and equipped with such safety devices as -will render it
safe to be operated for the purpose set forth in the certificate.
No permit shall, however, ever be Issued for the operation
of any motor vehicle under a certificate when permits for the total
number of motor vehicles authorized by said certificate have already
, been issued- and are still. outstanding.
No. permit shall be issued for any. vehiele the condition
of which would Interfere with or -,detract from the cQ*f16tt,9 eOn_
venienee and/or safety of the passenger or passongers, transported
therein.
Each permit shall contain the name and address of the
certificate holder,, the number of the Certificate under which the
motor vehicle is to be operated and, the make,, type, 'motor number
of the vehicle for. tho o
peration of which said permit in issued.
The permit shall be displayed, -a eoniOvAious, place In and at
all times during tAw operation of the motor 'vehicle described in
the permit. No permit shall be displayed -in or upon any motor
vehicle other than the vehicle for which 'issued.
In the event that a certificate holder shall desire to
replace any motor ,,vehielo for which a Permit has 'boon secured,
said certificate holder shall make application for a new permit as
hereinbefore provided and shall surrender to the Village Marshal -
the permit under which the motor vehicle to be. replaced has been
operated.
Every permit Issued on or before July alst of any year
shall expire on ,September 30th of the year In which issued and
every permit .Issued subsequent to July 51st of any year shall expire
on September, 30th of the following -year.
88CTION 7. Every certificate. holder authorized to operate
one or more ta xi ca�a Shall adopt and use, after the approval of the
Village Marshal has been secured, a distinc
tive, uniform and
decorative color scheme for all taxicabs operated under the same
certificate and the,�Vill&ge Marshal shall refuse to issue a permit
or permits if iA 'his opinion the color- 'a heme proposed will infringe
upon a color scheme - already. in use by ,another taxicab operator.
Every taxicab for tho .operation of which a permit is issued shall
be maintained In a garage or other building located in the village
or county and shall have painted upon each side and the rear
thereof
in -secordance with Instruetions Issued by the Village Marshal the
name and telephone number of -the certificate holder, the number of
the taxicab and such other information as may be preser
ibed by other
ordinances of, the Village.
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SECTION Upoh� thia� modif ication, suspension and/or
ge,
revoeation. of, any Ceitif,10,06 by ttie, ligo Council, the Ville
Clark shall send writ.:ten ,notice of suehlmodifieation suspension.
an.d/or revocation to the Village Marshal, who shall thereupon
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modify, suspend ancl/or revoke any permit or permits to' pr6vida,
for the changed , conditions risulting from the modifieation', - ,aus-
pension and/or re*ocatiott ai said cortificate.
SECTION 9. Upon, the expri rat I oin of the term for which
permit has been granted or upon the revocation of anypermit,
the permit shall be surrendered by the bolder thereof to the Village
Marshal- of the Village.
11age Marshal. shall detar'"
SF#GTIQN 10.. Whenever the Vi
minathat any 'notor vehicle for the �operation of which a permit
has been issued is not in satisfactory 'Mechanical condition". its
general,. app earane a,, I n t'h* opiplon of said Villige ,Marshaj., makes
It,-Iunf It or unsafO f or�- Use- on the publie' streets and/or, f or the
Ara'"p6rtation of passeogers or. lacks sueh, appliances attached
thereto In good condition,.-as are' required "by the laws. of the St
ate
of Florida and/or ae ' required- by any ordinance of th# :Village., the
said Village M rehal may order .such motor��.yehttle ,Withdrawn from
servic*- and the permit, therefor revoked: uhlass 'the certif Icate
holder operatiag said vehicle shall request� a hearing b
afore the
U
Municipal ourt. In such event the Villa
ge Marshal may order such
motor vehicle withdrawn from service pending such hearing.' and If
Itlis adjudged_ft.t said hearing by'�said Municipal .cou
that the
said ,motor vatAcle Iff no+, in ""'tief 6etory mechanical condition as
set forth '#
adraquired' . y a
b xItting law, the said permit, may be .
revoked an to such, motor. vehicle..
-1. Every taxicab whall lie equipped with
MOTION I
taximeter Pf a,�-9, z a and design approved by',the Villa geMarshal d
an
be operated until af ter said- taximeter has been, inspected
by-�-the village or by some
Maral person delegated by him for that
purposo,, and. found to 'be accurate and , in satisfactory operating
� Coadition. 7%e- VIU
Marshal theill suspend the. permit under- whir,
h
at
g,��Qk*
that t#a-'taxim
any; time be f in&
with-which- se,
h aid
Ii oqid
ab a,
Aped has been found to be d'
afective
and/or inaccurate and such suspension' of permit shall remain In
effect until such time as' Ahe said taximeter has been repaired
to his satisfaction.
The face of, every taximeter shall be visible at all
times from the passenger compartment of the taxicab In which
Installed and shall be illuminated when and if necessary to
enable passengers to see at all times the amounts of fare as
registered by said taximeter.
No taxicab shall be operated unless the ease of the taxi-
motor therein installed is sealed.
The signal affixed to any taximeter with which every
taxicab Is required to be equipped shall never be permitted to
Indicate that a taxicab is vacant when in fact such taxicab is
engaged by a passenger or passengers nor shall any such signal
signify that. ,the taxia'ab, to which it is attached is employed at a
rate of fare differentTrom that rate of fare, prescribed by the
ordinances of the Village.
' Only the amount shown upon the face of the taximeter
shall be collected, from a passenger or passengers by the driver of
. any taxicab and the driver of any ta'xilcab �of, for-hire ear or
sightseeing car shall upon demand furnish the,passenger or pas-
sengers with a receipt showing the date and hour, point of com-
mencement of the trip., the destination, the name of the driver
and the amount of fare collected.
SECTION 12. The Village. Marshal is hereby authorized
to select plaosslin the public streets adjacent to property %used
for public parks, boat landings, hotels., public buildings and
similar purposes and to designate said places as public stands
f.rom .which motor vehicles may be rented. Any owner or lessee of
property may file application with the Village Marshal for the
establishment of public stand adjacent to said property and shall
state in said application the number of motor vehicles for which
said public stand should be. established., The granting of said
application shall be discretionary with the Village Marshal who
shall have power to dis continue a ,publie stand at any time.
The Village Marshal shall designate the number and
kind of motor vehicles which shall use each individual public
stand and shall provide for each such public stand a metal sign
which shall be attached to a�post or other support adjacent to
said stand and upon which there shall- appear a statement as to
the number and kind of motor vehicles which shall use .said stand.
SECTION 13. Only motor vehicles of such number and
kind as statedupon the metal sign hereinbefore described shall
use any public vehicle stand. Said motor vehicles .shall be taced
in accordance with traffic regulations and shall be in single file
whilemaiting at said stand for employment. The driver' of the
motor vehicle at the head of such file shall accept as a passenger
any orderly person who agrees to pay the proper fare, provided,
however, any such person shall have the right to select any vehicle
regardless .of Its position in said file. Upon. the departure of any
motor vehicle from said file, the motor vehicles entitled to use
such stand and which were in- rear thereof shall move forward to
provide space for another vehl cle - whieh shall take a position
behind all other vehicles in said file.
SECTION 14. Every holder of a Certificate shall charge
or shall permit to be charged in tiny motor vehicle operated under
said certificate. only such rates of fare and/or conp�ensation. as
shall be established and*'pr'e' scribed from time to time by 'the Village
Manager.
SECTION 15. No certificate holder shall perm it any motor
vehicle to be operated by a driver who is not licensed to ,operate
a motor vehicle upon the streets of the Village.
SECTION 16. No driver of any motor vehicle shall.:
(a) Solicit passengers or attract attention
by calling , or by, use of a horn, bell, whistle or other signal ;
(b) Have his vehicle In motion while anyone
to standing or sitting upon the. running board, fender' hood or door-
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(e) Drive or operate a motor vehicle
without having the same equipped with a suitable horn or similar
warning device and with a standard speedometer In serviceable
condition, and with such other equipment as Is or may be required
for motor vehicles under the laws of the State of Florida, or the
ordinances of the Village;
(d) Collect fares, make change, or take
on or discharge passengers while said motor vehicle Is In motion;
( e) Smoke while driving said motor vehicle;
W If said motor vehicle is a taxicab)
permit any passenger or passengers to ride elsewhere than In the
passenger compartment of said taxicab;
(g) If said motor vehicle Is a taxicab or
for-hire car, operate said taxicab or for,hire ear unless his
photograph is displayed in a oonspicuous place in the passenger
compartment of said vehicle, and said photograph has inscribed
thereon the name and address of said driver;
(h) If operating a taxicab or for-hire
car, refuse or neglect to transport to any place in the Village
when his motor vehicle is available for hire any orderly person or
persons willing to pay the prescribed fare;
(1) If operating a for-hire ear upon an
hourly or contract basis or If operating a taxicab, accept any
additional passenger or passengers without the consent of the
passenger or passengers by whom his motor vehicle has already been
engagedi
( J ) Sit, sleep or loaf or permit others
to sit, sleep or loaf within the passenger compartment of said
motor vehicle while on a public vehicle stand;
W Fail to have the permit for said motor
vehicle displayed therein as reouired by this ordinance.
SECTION 17. No owner of a motor vehicle while awaiting
employment shall park his vehicle on any public street except in
such area as has been designateda public vehicle stand. Nor shall
the driver of anymotor vehicle solicit passengers vocally or by
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gestures or by driving said vehicle before or past any theatre,
hall, building or place of public assembly unless said vehicle
has been driven a distance of at least four city blocks since it
was last driven before or past the . same theatre, hall, building
or place of public assembly. Any driver of a motor vehicle., how-
ever, may solici-t employment by driving his vehicle over or upon
any public street or place provided that said vehicle is halted
only when traffic signals or conditions require and is driven at
a rate of speed which will neither interfere with nor impede traffic.
SECTION 18. Every certificate holder shall report
immediately and fully.- in writing, to the Village Marshal, the
time, place, cause and circumstances of any accident or injury to
a passenger or other person, or damage to any property in which
any motor vehicle of "said certificate holder shall. be involved.
SECTION 19. Personal property left In ahy motor vehicle
by a passenger or passengers shall, within trelve hours of its
discovery by or delivery to the driver, be deposited at the office
of the Village Marshal.
SECTION 20. Every certificate holder shall install and
maintain the form of accounts as prescribed by the 'Village and shall
submit to the Village such reports and financial statements as may
be requested by the Village Manager. The accounting books and
records of every certificate holder shall be available for Inspection
by such employees of the Village as may be Instructed by the Village
Manager to make such inspection,
SECTION 21. Every certificate holder Is hereby recuired
to comply fully with each and all, of the ordinances.. rules and
regulations of the Village.
SECTION 22. Every person now operating in the village,
motor vehicles affected and controlled by this ordinance shall
within 15 days file application for certificates, and the procedure
upon such applications shall be that prescribed hereby, and upon
the issuance of a certificate to any such person he shall promptly
comply with all of the requirements and provisions of this ordinance.
SECTION 23. . Every person who violates or falls to
comply with any of the provisions of this ordinance shall be
punishable by a fine not exceeding Five Hundred Dollars ($500.00)
or by Imprisonment for not more than sixty (60) days, or by both
such fine and imprisonment In the discretion of the Municipal
Judge of the Village of Miami Shores.
SECTION 24. If any section, part of section, sentence,
clause or phrase of this ordinance shall be held to be uneonati-
tutional or invalid, the remaining provisions of this ordinance
shallnevertheless remain I n full force and effecti
SECTION 25. All ordinances and parts of ordinances
in conflict with any of the provisions of this ordinance be, and
the same are hereby repealed, or, if continuing in force as to
subjects other than covered hereby, are .hereby superseded- in respect
to the subject matte-rhereof.
SECTION 26. This ordinance is hereby declared to be an
emergency measure on the ground 'of urgent public need for the pre-
servation of peace, health, safety and property.
PASSED AND ADOPTED THIS DAY OF 2�&e v-c-
. A.D. , 19484
Mayor,
ATTEST:
d
1 age 0anager Clerk