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O-251-53 ORDINANCE NO. 251 AN ORDINANCE TO REGULATE THE SALE OF TOPSOIL AND SIMILAR MATERIAL IN MIAMI SHORES VILLAGE BE IT ORDAINED BY MIAMI SHORES VILLAGE: Section 1. From and after the passage of this ordinance, it shall be unlawful to sell topsoil, muck, marl, sand, sod, fill and like materials in Miami Shores Village except on the basis of the cubic yard and unless the terms of this ordinance are complied with. Section 2. All vehicles which are used in the transporta- tion for sale of the materials mentioned in Section 1, hereof shall, before they are used in Miami Shores Village, be submitted for inspection and certification to the Division of Weights and Measures in the City of Miami, as required by Ordinance No. 4757 of said City, and unless the vehicles are inspected and marked in such manner as to comply with said ordinance, they shall not be used for the transportation of the materials described in Section 1, hereof in Miami Shores Village. Section 3. Capacity markings as provided for in said Miami Ordinance No. 4757 shall be graduated to one-half cubic yard and per- manently applied on one side of the vehicle measure, including any extension, at a vertical plane in contrasting paint and color; also, the certification number, issued by the Division of Weights and Measures of the City of Miami, shall be painted on both sides of the container body, all such markings to indicate the capacity as aforesaid to be approved by the Supervisor of the Weights and Measures Division of the City of Miami. Section 4. All computations for calculating the capacity of said vehicle volume measure shall be determined by the inside -I- measurements of length, width and height. The hiAght shall be determined by the theoretical "water level" or the level of the lowest top point of the vertical plane. Section 5. That to the extent that the same is hereby made applicable, the ordinance of the City of Miami herein referred to is here- by adopted as an ordinance of Miami Shores Village. Section 6. All persons engaged in the business of selling or delivering the materials mentioned in Section 1. hereof shall be allowed a period of six days after the effective date of this ordinance in which to comply with the terms and conditions thereof. Section 7. Any person violating the provisions of this ordinance upon conviction shall be punished by a fine not exceeding $100. 00, or by imprisonment for a term not exceeding thirty days, or both, in the discretion of the court. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. All laws or parts of laws in conflict herewith are hereby repealed. Section 9. If any part of this ordinance shall be deemed invalid, such determination shall not effect the remainder of the ordinance, if the portion declared invalid is separable. Section 10. This ordinance shall take effect immediately upon its passage. PASSED AND ADOPTED this Ist day of December, 1953. a)74o r ATTEST: Village M-anage,:� and Clerk 250