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HomeMy WebLinkAboutRecodification Memo 2-22-1993 a . • Municipal Code Corporation L February 22, 1993 Mr . John R. Kancilia City Attorney 105 Polk Avenue Cape Canaveral, Florida 32920 Re : Cape Canaveral Recodification Post Conference Editorial Memorandum Dear John: I am pleased to inform you that I have released the manuscript of the Code of Ordinances of the City of Cape Canaveral, Florida to our editors to be edited and thereafter to be placed on the schedule for typesetting. The last ordinance received and considered for inclusion in Lov the new Code is ordinance number 25-92 adopted on January 5, 1993 . All ordinances passed subsequent to that date and prior to the adoption of the Code will be considered for inclusion in the first supplement . However, you should continue to send us ordinances as they are adopted . I am enclosing the memorandum of substantive changes agreed upon at the editorial conference. Several items differ from the disposition stated in my letter of January 8 due to subsequently discovered facts or information. The editorial memorandum will be most helpful in reviewing the proofs of the new Code. Please include all additions and corrections and any revised sections presently reserved for inclusion in the Code when the proofs are returned . If you have any questions or comments regarding the editorial memorandum, please do not hesitate to contact me . I have enjoyed working with you, Faith and Bennett and I want to thank everyone for their assistance in developing the new Code for the City. Sincerely, Post Office Box 2235 Alyce A. Whitson Live1700 Capital Circle,S.W. Tallahassee,FL 32316 Enc . (904)576-3171 1-800-262-CODE cc: Faith Miller, City Clerk Bennett C. Boucher, City Manager L EDITORIAL MEMORANDUM Cape Canaveral, Florida TO: Mr . John R. Kancilia, City Attorney FROM: Alyce A. Whitson, Supervising Editor SUBJECT: Code of ordinances, City of Cape Canaveral, Florida Recodification Post Conference Memorandum DATE: February 19, 1993 The following memorandum specifies the major substantive changes in the City of Cape Canaveral Code of Ordinances agreed upon at the Low editorial conference and those changes made pursuant to subsequent correspondence or as mandated by state law. Not included as substantive changes were the deletion of sections revised by later enactments, the general repealer clause, penalty clause and severability clause of each ordinance . As agreed upon at the conference the general penalty in chapter 1 of the proposed Code will apply over any specific penalty passed in any ordinance and will apply to the entire proposed Code unless otherwise specified . Ordinances adopted through number 25-92 adopted on January 5, 1993 and the 1981 Code have been used as the basis for this codification. Where it was deemed necessary ordinances, code provisions and portions thereof were rearranged and are split out in the new Code . Spelling, grammatical and diction errors have been corrected without notation. Councilman will be changed to councilmember . City treasurer and finance director will be changed to city treasurer/finance director as the Charter requires a city treasurer . Superintendent of public works will be changed to director of public works . The franchises of the city will be printed as appendices in the new Code . The charter will be printed as part I of this volume. The zoning and land development regulations will be included as Subpart B. Land Development Code in the new Code. The Code will be prepared and arranged by subject, alphabetically by chapter substantially the same as that presented at the conference in the tentative table of contents . All fees, but not taxes will be placed in a fee schedule and printed as an Appendix . The Code will be printed in the 8 'A x 11 double column format . All other changes will be as indicated in the following sections of this memorandum. 1 Low PART I . CHARTER • Except as provided in this section of the editorial memorandum, the Charter, Laws of Fla. , ch. 63-1197 as printed in the 1981 Code of Ordinances of the city which includes amendments adopted by referendums on 6-2-70, 6-6-72, 3-11-80, 11-2-82, 11-8-83, 11-5-85 and ordinance numbers 9-74, 18-78, 29-87, 17-88, 14-89 and 11-3-92 will be printed as it appears in the 1981 Code. Charter State law X Section Comment Reference 9 Art . I , This section on the corporate limits F.S. 5166.031 (3) 5 2 is being reviewed and will be amended by the city by ordinance to describe the boundaries of the city including any adopted annexations . ,k/ Art . II This article pertaining to the gen- F.S. 5166.021 (5) eral powers of the city with the excep- tion of any extraterritorial powers Lir in this section is unnecessary and such powers have been converted to ordinance by operation of the municipal home rule powers act and if they have not been amended by referendum may be amended by ordi- nance . The exercise of the right of eminent domain is superseded by F. S . S 166 . 401 . The provision re- garding annexation of territory has been repealed by F.S . 5 171 . 022 . The reference to occupational tax is contrary to and superseded by F.S . ch. 205. Many powers have been superseded by state law and should be deleted . The following sections were converted to ordinances pursuant to F.S . S 166 .021 ( 4 ) , ( 5) and were reviewed and are still in use and will be transferred to the Code of Ordinances . Art. T, S 1 1 . , 2, 7, 29, 32, 39, 61 . L 2 L The following sections will not be • codified and are obsolete and will be deleted: IC Art. I , S 1 3 . -- 6 . 8 . -- 28 . 30 . -- 31 . 33 . -- 38 . 40 . -- 60 . Art. IX This article will be editorially F.S . Ch. 192 deleted as the assessment and collec- et seq. tion of ad valorem taxes is super- seded by state law. � 1 Art . X All references to collection of ad F.S . Ch . 192 i� valorem taxes will be deleted as superseded by state law. Art . XII This article on the municipal court Fla. Const. will be deleted as they have been Art . V, 5 20 abolished . (d) ( 4 ) Art . XIII This article for the most part has F.S . chs . 901, been converted to an ordinance and 316 the following disposition of the referenced sections which are not superseded by state law will be trans- ferred to the Code of Ordinances if still in effect and those which are unnecessary will be deleted : 1 . , 2 . Deleted as unnecessary. 3 . Transferred to the Code . 4 . - 6 . Deleted as in state law. Art. XIV The sections in this article on the fire department have been transferred to the Code of Ordinances . Art . XV. This section on the water department S 2 which has been converted to an ordinance by operation of F. S . S 166 . 021 will be editorially deleted as obsolete. Art . XVI . This section on the health department S 1 which has been converted to an ordinance by operation of F. S . S 166 . 021 will be editorially deleted as obsolete. 3 Lire • Art . XVII This section on the fiscal year has been F.S. S S • S1 editorially deleted as superseded by 166 . 241, state law. 218 . 33 Art . XVII This section on the budget has been F.S . S S 3 editorially deleted as superseded by 200 . 065 state law. Art. XVII This section on the budget has been F. S . S S 4 editorially deleted as superseded by 200 . 065 state law. Art . XVII This section on the budget has been F.S . S S 5 editorially deleted as superseded by 200 . 065 state law. Art . XVII This section on the budget has been F.S . S S 6 editorially deleted as superseded by 200 . 065 state law. Art . XVII This section on the review of the bud- S 7 has been editorially transferred to the Code of Ordinances as still in effect in in the city. Art . XVII This section on the annual audit has been F. S . SS S 9 editorially deleted as superseded by 166 . 241 , state law. 218 . 32 Art . XVII This section on the purchasing and com- S 10 petitive bid procedures is still in effect in the city and is being amended and upon adoption of the new ordinance it will be inserted in the Code of Ordinances . This section will be editorially deleted in the Charter as it will eventually be codified in the new Code. ,.Art . This article has editorially deleted F.S . S S XVIII as superseded by state law. 166 . 241, 200 . 065 t, Art . This article on taxation has been Fla. Const . XIX superseded by the Constitution which Art . VII, S 1 (a) requires taxes other than ad valorem F. S . S 166 . 101 to be authorized by state law. The et seq, chs . 192 levy and collection of ad valorem et seq. , 205 taxes is superseded by state law. This article has been editorially deleted . 4 L ,7,ik Art. XX This article on financing public im- F.S . S 166 . 101, provements is obsolete and the city chs . 132, 159, follows the state law and the sections 170 on bonds has been superseded by state law and is not necessary and will be editorially deleted . Art . XXI These sections have been superseded F.S . SS 97 . 041, SS 2 B. , by state law and will be editorially 98.041, 100.011, 10, 11 deleted . 100 . 361 Art . XXII This article which has been converted F. S . S 166 . 021 to ordinances pursuant to state law has been deleted as either superseded by state law or obsolete or unnecessary. Art . This section which has been converted F.S . ch. 171 XXIII, to an ordinance pursuant to state law S 1 has been editorially deleted as obso- lete and the city follows the state law. Loof Art . This section has been converted to an F. S . S 166 . 021 XXIV, ordinance by operation of state law SS 1 and has been editorially deleted as obsolete or unnecessary. Art . These sections have been editorially F. S . SS 112. 311 XXIV, deleted as superseded by state law et seq . 112 . 3135 SS 4, 10 or obsolete. 166 . 041, 768 . 28 11, 12, 13 PART II . CODE OF ORDINANCES Subpart A. General Ordinances Item Present Number Comment Location Chapter 1. General Provisions (1) Added a section stating that the title of the Code shall be Code of Ordinances, City of Cape Canaveral, Florida. 5 L ( 2) Added a section defining certain terms that are commonly used in municipal codes which will apply to the entire Code unless otherwise defined. ( 3) Added a section explaining catchlines added to sections of the ordinances which are in- tended to describe the contents of the sec- tion, but which have no legal effect . ( 4 ) Added a section explaining history notes stating that they are intended to detail the origin and amendments to the section. ( 5) Added a section stating that all references to chapters, articles, divisions and sec- tions in the Code are to those of this Code of Ordinances unless otherwise spec- ified . ( 6 ) Added a section stating that references Lie and editor ' s notes appearing in the Code are a guide for the user and are of no legal effect . (7 ) Added a section stating that the new Code does not affect any prior rights, obliga- tions or offenses . (8 ) Added a section listing those ordinances ' . not included in the code which are not to be repealed when the Code is adopted by a single ordinance repealing all or- dinances not included in the Code or saved from repeal in this section. (9 ) Added a section stating the procedure to be used in amending the Code by ordinance and providing that all additions and amend- ments when passed by the city council shall be deemed to be incorporated in the Code upon adoption. ( 10) Added a section establishing the procedure to be used in supplementing the new Code. ( 11) Added a section stating that all provisions Low, of the new Code are severable and if a sec- tion is declared unconstitutional, it will not affect the other sections of the Code. 6 L ( 12 ) Added a general penalty for the violation of • any provision of the Code or any ordinances . Chapter 2. Administration Ch. 201 This chapter is to be deleted as super- seded by F. S . ch . 119 . Ch. 203 This chapter is to be deleted from the Code and the city will include it in a policy and procedures manual . Ch. 207 ` This chapter is to be deleted from the Code and the city will include it in a policy and procedures manual . Ord. No. This ordinance is not to be placed in the 3-92 Code and the city will include it in a personnel policy and procedures manual . Ord . No . This ordinance is not to be placed in the 16-92 Code and the city will include it in a personnel policy and procedures manual . • Ord . No. The purchasing procedures manual will be 18-88 included in the code in the same article with the competitive bidding requirements which are to be transferred from the Charter . S 231 . 01 Deleted this section as a duplication of the Charter art . I, S 5. SS 231 . 03-- Deleted these sections as a duplication 231 . 04 of the Charter art . IV, SS 1 and 2 . $ 231 . 05 Deleted this section on council com- mittees as obsolete . S 231 . 11 Deleted any duplication in this sec- tion of the Charter art . IV. Any additions or correction may be made on the proofs . S 231 . 21 Deleted the subsection regarding the city clerk ' s duties of supervisor of elections and issuance of licenses . S 231 .23 Deleted the section appointing a deputy city clerk as unnecessary to codify. 7 S 231 . 33 Deleted the section appointing a deputy • city attorney as unnecessary to codify. S 231 . 41 Deleted the duplication of provisions in the Charter art . XI . S 231 . 43 Deleted the section appointing a deputy city treasurer as unnecessary to codify. S 231 .51 B. Deleted the reference to public works C. and building and planning review and other obsolete provisions . S 231 . 61 Deleted this section on the public works superintendent as contained in the Charter art . XV Si . SS 231 .101-- Deleted the sections referencing the 231 . 171 location of the various boards as un- necessary. Chs . 251 -- Inserted the language regarding absentee- 263 ism and prohibition on incurring debts and changed permanent board member to regular board member in the sections on each board, committee, etc . S 253 . 02 Deleted the language regarding the board 's control of library funds . S 253 . 05 -- Deleted these sections on the library 253 . 14 at the direction of the city as obsolete . S 257 . 01 Deleted the obsolete language on expiring A. , B. terms of the planning and zoning board . SS 257 . 11 -- Deleted these sections as superseded by 257 . 14 F. S . S 163 . 3171 et seq. and referenced - the state law. S 265. 01 (C) Deleted this subsection on the initial appointments to the code enforcement board . SS 265.05 Conformed these sections to the require- 265 . 06, ments in F. S . SS 162 . 02 and 162 . 09 ( 3 ) 265. 10 regarding repeat violations . S 265. 07 Conformed this section to the requirements in F.S . S 162 . 07 ( 4 ) . 8 L S 265. 10 Conformed this section to F. S. S 162 . 10 to increase the lien period to 20 years . S 265. 12 Conformed this section to F. S. S 162 . 11 . S 265. 12 Deleted the reference to charges for pre- paration of the record on appeal as not authorized in F. S . ch. 162 . S 271 . 04 Inserted a statement requiring minutes of a workshop meeting to be prepared . S 271 . 05 Deleted these subsections on ordinances F.S. (A) (C) , as the city follows the state law. 166.041 (E) S 271 . 06 (D) Deleted this subsection as unnecessary. S 271 . 07 Deleted any duplication of the Charter, art. IV, S 2, art . V, S 4 . S 271 . 09, Deleted these sections as duplicative of 271 . 10 the Charter or Code S 231 . 21 B. S 271 . 12 Deleted the statement regarding the chief of police acting as sergeant at arms as unnecessary to codify. 271 . 13 (B) Restricted the operation of this section to regular and special meetings . 271 . 14 Amended this section to permit adoption of minutes by reference unless a council- member requests them to be read in full . 271 . 16 Deleted the reference to voting conflicts as covered in F. S. S 112 . 3143 . Ord . No. 3-92 This ordinance on per diem and travel expenses will not be codified as it is to be included by the city in a policy and procedures manual . Ord . No. 16-92 This ordinance on a drug-free workplace will, not be codified as it is to be included by the city in a policy and procedures manual . Lie 9 Ch. 353 This chapter is to be deleted from the Code and the city will include it in a personnel policy and procedures manual . Ch. 411 This chapter which is the gas franchise • (Res . Nos . will be included in an appendix with all 88-19, 90-45) the franchises of the city. The ordinance which was sent will be printed as adopted . Ch. 660 Deleted this chapter as superseded by F. S . S 163 . 3202 and the new land development code and comprehensive plan and unnecessary to codify. 5 261 . 02 . Deleted the specific duties of the local plan- ning agency and referenced F. S . S 163 . 3161 et seq. SS 261 . 04 -- Deleted these sections as contained in state law 261 . 07 or unnecessary. Ch. 413 This chapter which is the telephone franchise (Ord . of will be included in an appendix with all 8-3-65) the franchises of the city. The ordinance which was sent will be printed as adopted. Ch. 415 This chapter which is the cable franchise (Ord . No. will be included in an appendix with all 88-54 ) the franchises of the city. The ordinance which was sent will be printed as adopted . Ch. 417 This chapter will be deleted as it is not a water franchise, but an interlocal agreement which will not be codified . Ch. 419 This chapter which is the electric franchise (Ord. No. will be included in an appendix with all 25-81 ) the franchises of the city. The ordinance which was sent will be printed as adopted . Ch. 533 This chapter on storm drainage will not be codified, but will be saved from repeal and placed in a manual of engineering requirements . Ch. 265 Code enforcement will be placed in the subpart A. et seq. general ordinances as it applies to occupational licenses, abandoned, wrecked property, nuisances, etc. and this chapter will be conformed to the state law. L 10 L Chapter 6. Alcoholic Beverages S 737 .07 The exemption for alcoholic beverages in a locked trunk, etc. that is contained in F. S . S 316 . 1936 should be reviewed by the city for inclusion in this section. Chapter 10. Amusements and Entertainment Ch. 628 No substantive changes . Ord . No. No substantive changes . 23-92 Ch. 722 No substantive changes . L Chapter 14 . Animals Ch. 655 No substantive changes . Ch. 659 No substantive changes . Ch. 701 No substantive changes . Chapter 18. Buildings and Building Regulations Ch 257 et The title building inspector will be changed to seq. building official throughout the entire Code. Ch. 505 Added a section to this chapter on numbering of buildings stating that the purpose of displaying the number of the structure is for location in emergency situations . Ch. 613 No substantive changes . Ch. 614 No substantive changes . Ch. 615 No substantive changes . Ch. 618 No substantive changes . 11 L Ch. 619 No substantive changes . Ch. 617 Amended this chapter to state that the construc- tion board of adjustment and appeals created in the building code shall be the board of appeals for the electric code and the procedure in the building code shall apply to the electric code. Ch. 620 This chapter on unsafe buildings will be codified in subpart A. the general ordinances . Ch. 625 No substantive changes . Ch. 627 No substantive changes . Ch. 651 This chapter on beaches and dunes will be deleted as it is covered by state law. The definitions will be transferred and become a part of the coastal construction code . Ch. 652 These aesthetic regulations will be included as an article entitled property maintenance standards in the chapter entitled environment . § 652 . 21 This section on maintenance of city property will be deleted . Chapter 22. Civil Emergencies S 605. 04 Deleted the penalty as the general pen- alty will apply. Chapter 26 . Elections S 211 . 03 Deleted the section on polling places as obsolete and established by the county. L Chapter 30. Emergency Services Ch. 654 No substantive changes . 12 L Chapter 34 . Environment Ch. 610 No substantive changes . Ch. 652 No substantive changes . Ch. 675 No substantive changes . Ch. 677 This chapter on mosquito control will be deleted as the county performs this function. Ch. 703 Changed building official to code enforcement of- ficer in this chapter . Ch. 711 No substantive changes . Ch. 713 No substantive changes . Chapter 38. Finance Ord . No. Codified the ordinance on purchasing 18-88 except for sections 4, 5, 6, 9, and 12 through 14 which will be included in a policy and procedures manual for internal distribution in the city. Sections 1, 2, 3, 8, 10 and 11 of this ordinance regarding the purchas- ing procedures were included in the Code. The city was going to review Charter provisions in art . XVII, S 10 and either adopt an entirely new or- dinance or amend the proofs to include provisions from both the ordinance and the Charter . Ch. 672 All utility and other fees other than taxes will be adopted by resolution and will not be printed in the Code, but will be placed in a fee schedule and printed in appendix B of the Code . Ch. 721 The term finance director will be changed to city treasurer pursuant to the Charter which requires a city treasurer . Chapter 42. Fire Prevention and Protection Ch. 537 This chapter on impact has been deleted as it is being revised and will be included when received . 13 L Ch. 602 Deleted the chapter on fireworks as the state law F.S . S 791 . 001 et seq. adequately cover the regulation of fireworks except for the regulation of public displays which the city was going to review the sample ordinances sent and either adopt an ordinance or include the provisions the proofs when they are returned . S 621 . 01 Amended the edition of the adopted Standard Fire Prevention Code to the 1991 Edition, 1992 Revisions as directed by the city. S 629 . 01 Amended the edition of the adopted National Fire Prevention Codes to the 1991 Edition . S 629 . 03 The city was going to advise the title of the person enforcing the 1991 National Fire Preven- tion Code which apparently is the fire code in use in the city. Chapter 46. Offenses and Miscellaneous Provisions S 543. 01 No substantive changes . Ch. 601 No substantive changes . Ch. 603 Deleted this chapter on arrest procedure as covered by F.S . ch . 901 . Ch. 607 Deleted this chapter on arrest procedure as covered by F.S . ch . 901 . Ch. 609 Deleted this chapter on curfew for minors as of questionable constitutionality under AGO 82-22 . 5683 . 01 This section was to be deleted as it is covered in F. S . ch. 810 on trespass . Chapter 50. Parks and Recreation SS 606 . 01, Deleted these sections from the Code 606 .03, - and they will be placed on file and 606 . 07 posted at the parks . Ch. 608 Deleted this chapter on fishing as super- seded by F. S . S 370 . 102 . 14 L Chapter 54 . Solid Waste Ch. 673 Inserted a statement saying the recycling regulations are on file in the city clerk 's office and the fees and charges will be placed in the fee schedule in Appendix B. Chapter 58. Streets, Sidewalks and Other Public Places SS 501 . 01 -- Deleted these sections as obsolete and covered 501 . 04 by the new comprehensive plan or state law. S 501 .05 B. Reworded this subsection on street closing at the direction of the city to conform to the present procedure . S 501 . 06 Amended this section on street closing at the direction of the city. Please review this section rewording on the proofs . ‘ettri, Ch. 727 No substantive changes . Chapter 62. Taxation S 541 . 07 Deleted the section on computing public service tax on coin operated telephones as not applicable in the city and obsolete. S 541 . 11 Deleted the section on prohibition of the public service tax on bottled water as not necessary. SS 721 . 07, Deleted these sections as unnecessary to ..721 . 09, codify. 721 . 23, 721 . 25, 721 . 51 S 721 . 13 Reworded this section on not obtaining a license to state that the penalty is 25% pursuant to F.S . S 205. 053 ( 2) . S 721 . 17 Inserted the language in F.S . S 205. 053 ( 1 ) regarding October 1 falling on a weekend or holiday. 15 L S 721 . 33 Amended this section to conform to F. S . S 205. 043 ( 2 ) , ( 3) . S 721 . 38 Amended this section to adopt by reference all exemptions required by F.S . ch. 205. S 721 . 53 The license taxes carnivals and circuses should be reviewed as they appear excessive. S 721 . 53 Deleted the license tax on railroads, trading stamps and solicitors and canvassers at the direction of the city as obsolete. S 721 . 53 Deleted the surety bond for claim and collection agencies, decorators, city directory agencies, janitor services, and tree surgeon. S 721 . 53 Deleted the requirement for city council approval of carnivals, circuses, outdoor concerts, music festivals, shooting gallery licenses as obsolete . S 721 . 53 The city was going to review-the levy of a gross sales tax on merchants and determine whether it is bonded and if not in conflict with Birdsong Motors Case, 261 So . 2d 1 . S 721 .53 Deleted the regulatory language for introduction or dating services as extremely vague. Ch. 723 This chapter on special occupation permits will be deleted . Chapter 66. Traffic and Vehicles Ch. 681 Deleted this chapter as covered in F.S. S 316 . 194 . S 682 . 04 (C) Deleted this subsection as it is obsolete. S 685. 01 Amended this section to adopt F.S . kimwe S 316 . 194 which is applicable only outside a city unless adopted . 16 L Ch. 685 This chapter has been included in Subpart A. General Ordinances in an article on parking, stopping and standing in the chapter entitled Traffic and Vehicles . S 683 . 03 B. Deleted this subsection at the direction of the city as obsolete . Chapter 70. Utilities Ch. 535 The city was going to review this chapter and make any additions or corrections on the proofs . Ch. 537 The city is revising by ordinance the impact fee. The ordinance will be included when adopted . Ch. 670 The city was going to review this chapter and make any additions or corrections on ‘161.•, the proofs . Ch. 671 The city was going to review this chapter and make any additions or corrections on the proofs . Ch. 672 Placed the deposit fee sum in the fee schedule and it will be printed in the new code as appendix B. L 17 L Subpart B. Land Development Code Chapter 74. Concurrency Management System Ch. 662 No substantive changes . Chapter 78. Floods Ch. 624 No substantive changes . Ord . No 7-92 Ch. 664 No substantive changes . Ch. 668 This chapter will be combined with the new flood ordinance in the same chapter in the land develop- ment code . ‘1111kre Chapter 82. Signs S 653 . 01 Deleted this section referring to this chapter as the sign code as unnecessary. S 653 .09 Deleted the list of information required to be submitted with the permit application and stated that the information to be submitted was provided on the form. Chapter 86. Subdivisions Ch. 503 No substantive changes . L 18 Chapter 90 . Vegetation Ch. 657 No substantive changes . Chapter 94 . Waterways Ch. 667 No substantive changes . Chapter zoning Ch. 637 No substantive changes . Awie mow 19