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cocc_mayor_declaration_emergency_supp_2_20200327BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVER DECLARATION OF EMERGENCY—COVID-19 SUPPLEMENTAL EMERGENCY ORDER#2 (Feather Flags and Snipe Signs) WHEREAS,on March 16, 2020, by the powers vested in me as Mayor of the City of Cape Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding COVID-19 ('Declaration') following declarations of emergency issued respectively by the President of United States,Governor Ron DeSantis and Brevard County,and said Declaration shall remain in full force and effect until further notice;and WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease Control and Prevention ('CDC") issued the "15 Days to Slow the Spread' guidance advising individuals to adopt for-reaching social distancing measures, such as avoiding gatherings of more than 10 people, and in states with evidence of community spread, bars, restaurants,food courts gyms and other indoor and outdoor venues where groups of people congregate should be closed; and WHEREAS, in furtherance of the President's guidance and the guidance of the State Surgeon General, Governor DeSantis has issued several Executive Orders to-date that restrict the operations of various businesses in order to implement and comply with social distancing guidelines;and WHEREAS,businesses around the country,including those in Cape Canaveral,that are still permitted to operate have been forced to adapt to these social distancing guidelines and orders, and are implementing creative operational changes to attract and service customers during the emergency period;and WHEREAS,as Mayor of the City of Cape Canaveral,I am committed to supporting retailers, restaurants and their employees as they pursue creative business practices that safely serve customers during this temporary period of social distancing and emergency,and WHEREAS, the intent and purpose of this Supplemental Emergency Order #2 is to supplement the Declaration;and WHEREAS, COVID-19 continues to pose an imminent risk to healthcare workers, first responders, and emergency medical services workers caring for patients with COVID-19 and to residents and businesses in Cape Canaveral and neighboring communities; and WHEREAS,the Centers for Disease Control and Prevention("CDC")currently recommends mitigation measures in communities with COVID-19 cases including no meetings, events, or gatherings with ten (10) or more people, staying at home when sick, keeping away from others who are sick, and staying at home when a household member is sick with respiratory disease symptoms or if instructed to do so by public health officials or a health care provider,and 1 WHEREAS,in order to promote the sale of available and necessary goods and services to the public and to attract potential customers in need of such goods and services while traveling along the rights-of-way without unnecessarily leaving their vehicles and maintaining social distancing guidelines, I support a temporary waiver of the City's Sign Code during this unique COVID-19 emergency to allow the installation of temporary on-premises leather flags' and 'snipe signs' by businesses providing available goods and services to the public provided the installed feather flags and snipe signs comply with the terms of this Supplemental Order#2;and WHEREAS,the terms and conditions imposed by this Supplemental Order#2 for feather flags and snipe signs are derived predominantly from the terms and conditions established by the City Council for other authorized temporary on-premises signs as set forth in Chapter 94 of the Cape Canaveral Code;and WHEREAS, this Supplemental Emergency Order #2 is intended to apply to businesses located only within the City's commercial and industrial zoning areas and zoned C-1,C-2 and M- 1 zoning districts;and WHEREAS, upon termination of the emergency and Declaration, however, the waiver authorized by this Supplemental Declaration shall expire and any feather flags and snipe signs shall be permanently removed because under normal circumstances, such flags and signs contribute to long lasting urban blight and deterioration, negatively impact the quality of life of Cape Canaveral residents and businesses, are contrary to maintaining Cape Canaveral as an attractive, safe and healthy sustainable urban environment, and if allowed to proliferate could pose traffic safety problems for motorists and pedestrians;and NOW,THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME,AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this Supplement Emergency Order #2 is hereby adopted and applicable for all the territory within the legal boundaries of the City of Cape Canaveral. SECTION 1, Recitals. The foregoing recitals are hereby fully incorporated herein by this reference and are deemed a material part of this Supplemental Emergency Order#2. SECTION 2, Sign Code Waiver—Temporary On-Premises Feather Flags and Snipe Signs. On property currently zoned C-1, C-2, and M-1, the prohibition of feather flags and snipe signs under Chapter 94 of the City Code is hereby temporary waived for businesses that are open for business and providing goods and services to the public. Such businesses shall be permitted to install temporary on-premises feather flags and snipe signs under the following terms and conditions: A. In addition to the temporary on-premises signs permitted under Section 94-76 of the Cape Canaveral City Code, one temporary on-premises feather flag and one temporary on- premises snipe sign are allowed for every 150 linear feet of property frontage, or portion thereof unless additional signage is authorized and required by state or federal law. Individual tenant spaces occupied by a business located on a property shall be permitted one such feather flag and one snipe sign for each separate business, regardless of the linear feet of property frontage so 2 that each business operating in separate space on the property is afforded an equal opportunity to install one feather flag and one snipe sign. Feather flags and snipe signs must also comply with the following conditions and requirements: (1) Shall only be displayed during the operational hours of the subject business, and shall be removed and installed inside a building when the business is not in operation. (2) Shall be substantially secured or weighted to resist movement while on display. (Per Sec. 94-76(2)(4),Cape Canaveral Code) (3) Shall not encroach into vehicular circulation areas or be located so as to reduce parking areas.(Per Sec.94-76(2)(n)(5), Cape Canaveral Code) (4) Minimum setbacks for any part of the temporary feather flag or snipe sign structure shall be a minimum of two feet from any right-of-way. (Per Sec. 94-76(2)(g), Cape Canaveral Code) (5) No part of any temporary feather flag and snipe sign shall be placed within the right-of- way or within the visibility triangle or in any way which impedes pedestrian and/or vehicular traffic safety. No part of any temporary feather flag and snipe sign shall be located so as to reduce any required parking area. No part of any temporary feather flag and snipe sign shall be located in such a way that it restricts a pedestrian way and/or sidewalk to less than 44 inches in width.Temporary feather flags and snipe signs shall be removed and brought inside a building when there are storm warnings so as not to become a hazard during a storm event. (Per Sec.94-76(2)(h), Cape Canaveral Code) (6) Shall be freestanding and shall not rely on any support that is not a part of the feather flag or snipe sign. (Per Sec.94-76(2)(i), Cape Canaveral Code) (7) Snipe signs shall be treated substantially similar to temporary on-premises sandwich boards and subject to the following conditions: a. Shall not exceed five feet in overall height(per Sec.94-76(2)(n)(1),Cape Canaveral Code); b. Shall not exceed 12 square feet in area (per Sec. 94-76(2)(n)(2), Cape Canaveral Code); c. May be double-faced (back-to-back) and only one side of a double-faced sign shall be counted for sign area calculations. (Per Sec. 94-76(2)(e), Cape Canaveral Code);and d. Shall be constructed of sturdy material such as wood,hard plastic,vinyl,hardboard or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the city. Cardboard and paper-faced temporary signs are strictly prohibited unless they are safely fastened, in their entirety, to a backing made of material set forth in this section (Per Sec. 94-76(2)(J), Cape Canaveral Code). 3 (B) No provision of this Supplemental Emergency Order #2 shall be construed or interpreted as authorizing the installation of an off-premises feather flag and snipe sign. (C) At such a time as the Declaration or Supplemental Emergency Order #2 is terminated, all feather flags and snipe signs installed pursuant to this Supplementary Emergency Order#2 shall be removed by the business or property owner within 24 hours of said termination. (D) Pursuant to Section 18-3 of the Cape Canaveral City Code,this emergency measure shall have the full force and effect of law. Violations of this emergency measure shall constitute a code violation and be punishable pursuant to Section 18-6,Cape Canaveral Code. SECTION 3, Effective Date; Termination. This Supplemental Emergency Order #2 shall become effective immediately upon execution of this order by the undersigned and upon termination, feather flags and snipe signs shall again be considered prohibited signs under Chapter 94 of the Cape Canaveral Code. This Supplemental Emergency Order#2 may be expressly terminated by subsequent order of the Mayor or City Council or shall automatically terminate at such time the Declaration is terminated. SECTION 4. Notice to the City Council. The City Clerk is hereby directed to provide a copy of this Supplemental Emergency Order to all members of the City Council, City Manager, City Attorney,City Department Directors,and other appropriate government officials. DECLARED by the'Mayor of the City of Cape Canaveral, Florid- this 27th day of March, 2020. Bob Hoog.Mayor ATTEST(City Seal) Mia Goforth City Clerk, MMC Approved as to legal form and sufficiency for the City of Cape Canaveral, Florida only: Anthony A.Garganese, City Attorney 4