O-192-49 ORDINANCE
AN ORDINANCE TO PROHIBIT WnHIN THE VILLAGE LIMITS OF
MIAMI SHORES VILLAGE THE WEARING OF A MASK OR ANY DEVICE
WHEREBY ANY PORTION OF THE FACE IS SO HIDDEN OR COVERED
AS TO CONCEAL THE IDENTITY OF THE WEARER; PROHIBITING
THE DEMANDING OF ENTRANCE OR THE ENTRANCE UPON THE PREMISES
OF ANOTHER WHILE SO WEARING A MASK; PROHIBITING THE BURN-
ING OF ANY CROSS UPON THE PREMIMS OF ANOTHER; PROVIDING
A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING
THAT IF ANY SECTION., SUB-SECTION., SENTENCE.. CLAUSE.. PHRASE,
OR WORD OF THIS ORDINANCE IS FOR ANY R EAS ON HELD TO BE
UNCONSTITUTIONAL OR INVALID,, SUCH HOLDING OR INVALIDITY
SHALL NOT AFFECT THE REMAINING PORTIONS OF THIS ORDINANCE;
DECLARING THIS ORDINANCE TO BE AN EMERGENCY MEASURE FOR
THE PEACE,, HULTH AND WELFARE OF THE COMMUNITY.
BE IT ORDAINED BY MIAMI SHORES VILLAGE.. FLORIDA., that:
Section I: No person or persons shall in this Village while wearing
any mask or device whereby any portion of the face is so hidden or covered as to
conceal deliberately the identity of the wearer enter upon or be or appear upon any
public or private property within the Village limits.
Section II: No person or persons shall while wearing a mask or
device whereby any portion of the face is so hidden or covered an to conceal deliber-
ately the identity of the wearer.. demand entrance or admission or enter or come upon
or Into the premisees enclosure, or house of any person in this Village.
Section IIIt No person or persons shall cause to be burned or
erected any cross either upon any other personts property or in public., or make
any similar demonstrations or place any similar exhibits upon the private property
of another, unless such person or persons shall have first obtained from the occupier
or owner (if the owner in the occupier) of the property., his or bar permission to
do so.
Section IVt The following are exempted from the provision of this
Act:
(A) Any person or persons wearing traditional costumes of the
holiday during much holiday period.
(B) Any person or persons under the age of 17 years, it being
now determined after study that children sometimes in the
spirit of levity indulge in the use of holiday masks,, and
which acts and conduct do not create the mischief otherwise
intended to prohibit by this ordinance.
(C) Any person wearing a mask in a circus or play.
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Section V.- In the event any section,, sub-section., sentence., clause
or phrase of this ordinance shall be declared or adjudged invalid or incompetent
. such adjudication shall in no manner affect the other sections, sub-sectionso
clauses or phrases of this ordinance, which shall be and remain in full force
and effect as if the section.. sub-section.. sentence., clause or phrase so declared
or adjudged invalid or unconstitutional was not originally a part thereof.
Section VI.- Any person or persons violating this ordinance or any
of its provisions or sections or parts of sections, shall., upon conviction, be
punished by a fine not to exceed $500-00, or by imprisonment not to exceed
sixty (60) days, or by both such fine and imprisonment., in the discretion of the
Court., for each separate violation.
Section VII: This ordinance is hereby declared to be an emergency
measure upon the ground of urgent public need for the preservation of the best
health, safety.. peace and welfare and property of the people of Miami Shores
Village.
PASSED AND ADOPTED THIS day of ftbch#-,I,A.D. 1949.
Mayor
ATTEST:
Clerk