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HomeMy WebLinkAboutOrdinance No. 06-2015 ORDINANCE NO.06-2015 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREYARD COUNTY, FLORIDA; AMENDING CHAPTERS 50 AND 54 OF THE CITY CODE OF ORDINANCES RELATING TO RECREATIONAL FIRES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is granted the authority, under Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral desires to adopt rules and regulations to provide for the safe enjoyment of the City's parks and recreational facilities; and WHEREAS, it is the intent of this Ordinance to clarify City Code provisions prohibiting open fires within the City and permitting self-contained recreational campfires or cooking fires subject to the requirements set forth herein; and WHEREAS, the City Council of the City of Cape Canaveral, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Amendments to Chapters 50 and 54. Chapter 50, Offenses and Miscellaneous Provisions, and Chapter 54, Parks and Recreation, of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in Chapters 50 and 54. It is intended that the text in Chapters 50 and 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): * * * City of Cape Canaveral Ordinance No.06-2015 Page 1 of 4 Chapter 54—PARKS AND RECREATION Section 50-4. Sleeping and campling in public areas and beaches. * * * (d) Prohibitions. The following prohibitions shall apply within the corporate limits of the city: * * (4) It shall be unlawful for any person to sleep or camp upon any private beach or undeveloped lot without the permission of the owner or person entitled to possession of such private beach or lot. Notwithstanding, no undeveloped parcel of land shall be inhabited or occupied for purposes of sleeping, eating, and habitation during the hours of 9:00 p.m. to 7:00 a.m. of the following day, unless such property is legally improved with a safe, standard structure meeting all minimum ordinance requirements. Further, this subsection shall not be construed as authorizing open fires which are expressly prohibited by section 54-16 51 3 of the City Code. * * * (6) The burning of the following materials or objects are prohibited within the City: tires, rubber material, asphalt, roofing material, tar, railroad crossties, and other lumber that has been treated with creosote,plastics, garbage and trash. Section 50-5. Recreational fires, generally. Recreational campfires and cooking fires are permitted within the City provided that they are confined within a self-contained UL-listed container, comply with all City Code and Florida Fire Prevention Code requirements, and do not produce excessive smoke emissions. Recreational fires within city parks, including but not limited to city beaches, are additionally subject to section 54-16 of the City Code. * * * Section 54-16. Recreational Fires in City Parks. a. Fires Prohibited in City Parks, Except in Designated Areas. Except as authorized in section 54- 16(b), lit is unlawful to ignite, set or maintain any fire in a city park unless such fire is within an area designated by the city for fires by signage and postings displayed at the city park. Included in this prohibition are recreational campfires and cooking fires : • - - • . •- . - . .. . . _ . ••_ _. .•. - • . . _ _ ._ . • Any fire authorized by this section in a designated area of a city park shall be continuously under the care and direction of a competent person from the time it is ignited until it is extinguished. City of Cape Canaveral Ordinance No.06-2015 Page 2 of 4 b. Cooking Fires Permitted Upon City Beaches Located on the Atlantic Ocean. Open, uncontained fires, of any kind, are prohibited in all city parks, including but not limited to city beaches. Cooking fires are permitted on city beaches provided that they are confined within a self- contained UL-listed container. Disposal of coals, briquettes, embers, or other heated or previously heated materials into trash receptacles or upon beach grounds is strictly prohibited. Prior to departing the immediate vicinity of the cooking fire, the fire must be completely extinguished. All materials associated with cooking fires at the beach shall be promptly removed and the beach shall be returned to its condition prior to the use of such cooking fire. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph, number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. (Signature Page Follows) City of Cape Canaveral Ordinance No.06-2015 Page 3 of 4 ,-,E c#44.4.--N-s ,. ADQP 1.� by theCouncil of the City of Cape Canaveral, Florida, this 21st day o - Jxil , 2015. - t--_, C?r--.0e-V4A G<K,„„ace_. ..., • v� � Rocky Randels, Mayor • ATTE'S'T 4. For Against 1!'4 ,©At 7f L�—!' , - John Bond Second ANG A APPERSP644)" Bob Hoog x City Clerk,MMC Buzz Petsos Motion Rocky Randels x Betty Walsh x First Reading: June 16,2015 Legal Ad Published: June 19,2015 Second Reading: July 21,2015 Approv-. .s to legal form and sufficiency fortilts, ape Canaveral only by: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No.06-2015 Page 4 of 4