HomeMy WebLinkAboutOrdinance No. 1964-21• ® MICROFILMED
3.13 -80
ORDINANCE 1,10. !••r-. f�
AN .ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA: PROHIBITING
VEHICULAR TRAFFIC ON OCEAN .BEACH:
PROVIDING EXCEPTIONS AND PHES-
CRIBING PENALTIES FOR VIOLATION.
WHEREAS, Sub - section 9, Section 1, Article 2,
of House Bill No.167, also known as Chapter 63 -1197,
Special Acts Of Florida, 1963, grants the authority to
the City of Cape Canaveral, Florida, "to control and
regulate the Ocean Beach lying within the corporate 11mito
Of the City, Including the power to restrict, 1Lnit2 regulate,
prohibit and charge for, or tax, the use of the Oscan Beach,
or any part, or parts thereof by pedestrians, bathers, or
vehicles of any . or all kinds and descriptions... ".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA:
SECTION 1. It shall be unlawful for operators
Of motor ven cos, except as provlde.i herein, to drive upon
the Ocean Beach within the City of Cape Canaveral, Florida,
specifically that portion of the Ocean Beach lying below
or East of the mean high water mark.
SECTION 2. It shall be unlawful for operators
Of motor ve I1C es, xcept as provided herein, to drive
upon the Ocean Beach within the City of Cape Canaveral,
Florida, specifically that portion of the Ocean Beach from
the soft oand area lying between mean high water mar:c anti
the toe of the dune paralleling said high water mark and
inmrediately westerly thereof to the upland or from the
upland to said beach or soft sand area.
. iECTION 3. The prohibition.. contained In
Suctions l m w auo�e shall not apply in cases where a
temporary permit has been obtained for tine temporary con-
. atruction and maintenance of a private approach or ramp
for the purpose of providing access to upland property by
a contractor or materlalman during. the course of construction,
maintenance, or operation of a building on tine upland fronting
Oil the Ocean Beach and provided further, the prohibition
'contained in Sections 1 and 2 above shall rot apply to
emergency vehicles, said emergem y vehicles being defined
as police, fire, life- L;uard, ambulance anddprivatu towing
vehicle.^,.
SECTIOi! 4. Any operator of a private towing
vehicle, in oruer to Ue qualified for the exemption prodded
Sn :;eetion 3, upon receiving a call or requust for towinL
assistance upon the ocean beach, small first notify the
Police Department of the City tilt r1a�:nc of the person
requesting towing; assistance and the location of tine vehicle
to be towed.
® MICROFILMED
3.13.80
SECTION 5. Penalties. :wy person visiting
any of the pvov s ons of nTs rdinance shall be deemed
gullt'y of a misdemeanor and upon conviction thereof
shall be fined in an mnoant not exceeding $100.00 or be
Lmrlsoned for a period not exceeding thirty (30) days
or by both so fined and imprisoned. Each day such
violation in coimnitted or permitted to continue shall
constitute a separate offense and shall be punishable
an such hereunder.
SECTION 6. "eparability. If any section,
subsection, senteuce,�auae, p u•ase or portion of this
Ordinance is for any reason held invalid or unconstitutional
by any court of competent Jurisdiction, such portion shall
be deemed a separate, dintinct and independent provision
and such holding shall not affect the validity of the
remaining portions hereof.
SECTION 7.
Repealer. All ordinances and
n
Parts Of ora an ces n 70n3'lici —with the provisions of
this Ordinance are hereby repealed.
5ECTI014 7. Effective Date. This Ordinance
shall take ei ec- nuneU ate y upon s adoption.
aDOPTED by the City Council of the Citi of
Cape Canaveral, Florida, on this 4�_ day of lull' , y64.
I, ayor
Attest:
C y C orc
• +pprov 0,
City Attorney
Dist reading July 21, 1904
Second and Final Reading iii _ day of �,. f , 1904
Posted on Ct.ty Dalletla Do_r1 at the City .Iall on the_
day of �� �� 1964.