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HomeMy WebLinkAboutSupplement 10a. SUPPLEMENT NO. 10 October 2002 CODE OF ORDINANCES City of CAPE CANAVERAL, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Resolution No. 2002-26, adopted July 16, 2002. See the Code Comparative Table for further information. Remove old pages Insert new pages xi, xii xi, xii Checklist of up-to-date pages Checklist of up-to-date pages (following Table of Contents) CD2:5—CD2:10 CD2:5—CD2:10 CD2:13—CD2:19 CD2:13—CD2:19 CD6:3—CD6:5 CD6:3—CD6:5 CD26:3 CD26:3 CD78:21, CD78:22 CD78:21, CD78:22 CD110:21, CD110:22 CD110:21—CD110:22.1 CDB:6.1 CDB:6.1 CDB:17 CDB:17 CCT:17 CCT:17 CDi:5, CDi:6 CDi:5, CDi:6 CDi:31, CDi:32 CDi:31, CDi:32 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com L J J J L TABLE OF CONTENTS Page Officials of the City at the Time of this Codification iii Preface v Adopting Ordinance ix Checklist of Up-to-Date Pages [1] PART I CHARTER Charter CHT:1 Art. I. [General Provisions] CHT:5 Art. II. General Powers CHT:7 Art. III. Elected Officers, Qualifications and Terms CHT:8 Art. IV. The Mayor, Powers and Duties CHT:9 Art. V. The City Council, Organization and Powers CHT:9 Art. VI. City Manager CHT:9 Art. VII. City Attorney CHT:10 Art. VIII. City Clerk CHT:10 Art. IX. City Tax Assessor CHT:10 (11110.1 Art. X. City Tax Collector CHT:10 Art. XI. City Treasurer CHT:10 Art. XII. Municipal Court CHT:11 Art. XIII. Police Department CHT:11 Art. XIV. Fire Department CHT:11 Art. XV. Public Works CHT:12 Art. XVI. Boards and Agencies CHT:12 Art. XVII. General Finance Provisions, Budget, Audit and Purchasing CHT:13 Art. XVIII. Revenue and Taxation CHT:14 Art. XIX. Collection of Delinquent Taxes CHT:14 Art. XX. Financing Public Improvements CHT:14 Art. XXI. Elections CHT:14 Art. XXII. Abatement of Nuisances CHT:16 Art. XXIII. Extension of the Corporate Limits CHT:16 Art. XXIV. Miscellaneous CHT:16 Charter Comparative Table—Laws of Florida CHTCT:1 Charter Comparative Table—Ordinances CHTCT:3 PART II CODE OF ORDINANCES Chapter Subpart A. General Ordinances CD1:1 Low1 1. General Provisions CD1:1 Supp.No. 10 xl CAPE CANAVERAL CODE J Chapter Page 2. Administration CD2:1 Art. I. In General CD2:5 Art. II. City Council CD2:5 Div. 1. Generally CD2:5 Div. 2. Compensation CD2:5 Div. 3. Meetings CD2:6 Art. III. Officers and Employees CD2:9 Div. 1. Generally CD2:9 Div. 2. City Manager CD2:9 Div. 3. City Clerk CD2:10 Div. 4. City Attorney CD2:10 Div. 5. City Treasurer CD2:11 Div. 6. City Engineer CD2:11 Art. IV. Boards, Committees, Commissions CD2:11 Div. 1. Generally CD2:11 Div. 2. Beautification Board CD2:11 Art. V. Finance CD2:12 Div. 1. Generally CD2:12 Div. 2. Purchasing CD2:13 Div. 3. Impact Fees CD2:16 Art. VI. Code Enforcement CD2:19 Div. 1. Generally CD2:19 Div. 2. Code Enforcement Board CD2:19 3-5. Reserved CD3:1 6. Alcoholic Beverages CD6:1 Art. I. In General CD6:3 Art. II. Operation of Establishments CD6:3 Art. III. Possession and Consumption CD6:4 Div. 1. Generally CD6:4 Div. 2. Motor Vehicles CD6:4 7-9. Reserved CD7:1 10. Amusements and Entertainments CD10:1 Art. I. In General CD10:3 Art. II. Amusement Device Code CD10:3 Art. III. Outdoor Entertainment CD10:3 Div. 1. Generally CD10:3 Div. 2. Permit CD10:4 Art. IV. Adult Entertainment CD10:6 Div. 1. Generally CD10:6 Div. 2. License for Establishment CD10:13 Div. 3. Permit for Employees CD10:19 Div. 4. Operation of Establishments CD10:22 11-13. Reserved CD11:1 14. Animals CD14:1 Art. I. In General CD14:3 Art. II. County Animal Control Ordinance CD14:3 Supp.No. 10 xii L Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume.The letters"OC"indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC CD1:7 OC iii OC CD2:1, CD2:2 2 v, vi OC CD2:3 2 vii OC CD2:5, CD2:6 10 ix, x 1 CD2:7, CD2:8 10 xi, xii 10 CD2:9, CD2:10 10 xiii, xiv 8 CD2:11, CD2:12 OC xv, xvi 9, Rev. 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CDi:16.1 9, Rev. CDi:17, CDi:18 9 CDi:19, CDi:20 9 CDi:21, CDi:22 9 Lire CDi:23, CDi:24 7 CDi:25, CDi:26 7 CDi:27, CDi:28 9 CDi:29, CDi:30 9 CDi:31, CDi:32 10 CDi:33, CDi:34 9, Rev. CDi:34.1 9, Rev. CDi:35, CDi:36 7 CDi:37, CDi:38 9 CDi:39, CDi:40 9 CDi:41, CDi:42 9 Supp.No. 10 [5] J J ADMINISTRATION §2-55 L ARTICLE I. IN GENERAL for an election which includes city council posi- tions resulting from vacancies of unexpired terms Secs. 2-1-2-25. Reserved. does not exceed the number of positions to be filled by the election, each candidate shall file with the city clerk within ten days after the close ARTICLE II. CITY COUNCIL* of the qualifying period specified in section 26-3 a designation which specifies whether the term DIVISION 1. GENERALLY sought by the candidate is a full term or unex- pired term of a vacancy. If such designations by all candidates do not produce an excess of candi- Sec. 2-26. Elections. dates seeking full terms or vacant terms over the All powers and duties of the city specified in respective number of full terms or vacant terms,a the city Charter in the general laws of the state general election shall not be held and candidates are vested in the city council. The city council is shall take office in accordance with results of the composed of five members who are elected at designations. If a candidate fails to make the large by the registered electors of the city. Two designation in the time above stated, the candi- members are elected each year to three-year date shall be deemed to have made a designation terms, except on every third year only one mem- for a full term. ber, who is also the mayor, is elected to a three- (Ord. No. 35-93, § 2(231.02), 10-19-93) year term. Further, should any general election include the election of a council person due to a Sec. 2-28. Reserved. vacancy in that office pursuant to article III, Editor's note—Ordinance No.1-95,§1,adopted February section 4,of the Charter,then the unexpired term 21, 1995 repealed section 2-28 in its entirety. Formerly,such Lool shall be filled by the candidate receiving the third greatest number of votes, or the second greatest section pertained to councilmembers' areas of interest and derived from§27.108 of the 1981 Code and Ord.No.39-93,§2, number of votes in third year elections involving 10-19-93. only the mayor.Should more than one vacancy be filled at the election, then those receiving the Secs. 2-29-2-40. Reserved. greatest number of votes shall be declared elected for the longest terms. (Code 1981, § 231.01; Ord. No. 35-93, § 1(231.01), DIVISION 2. COMPENSATIONt 10-19-93) Charter references—City council compensation,art.III, §3;city council vacancies,art. III, §4. Sec. 2-41. Established for councilmembers Cross reference—Elections,ch.26. other than mayor. Sec. 2-27. Uncontested elections. The compensation for the members of the city council other than the mayor shall be $2,400.00 If the number of candidates qualifying for an per year. election which does not include city council posi- (Code 1981, § 311.02; Ord. No. 30-94, § 2, 8-2-94) tions resulting from vacancies of unexpired terms does not exceed the number of positions to be Sec. 2-42. Established for mayor. filled by the election, a general election shall not be held and each candidate shall take office for a The compensation for the mayor shall be full term. If the number of candidates qualifying $3,200.00 per year. *Charter references—City council, qualifications and (Code 1981, § 311.01; Ord. No. 30-94, § 2, 8-2-94) terms,filling of vacancies, art. III;mayor,art. IV. Cross reference—The mayor or city manager in the case of the absence of the mayor,or any available councilmember in Secs. 2-43-2-55. Reserved. the absence of the mayor and city manager, may declare a state of emergency, § 18-2. tCharter reference—Compensation,art. III, §3. Supp.No. 10 CD2:5 §2-56 CAPE CANAVERAL CODE 3 DIVISION 3. MEETINGS* and the purpose for which such meeting is called, and no other business shall be Sec. 2-56. Regular meetings. enacted at that meeting. If, after reason- able diligence, it is impossible to give The city council shall hold regular meetings on notice to each councilmember, such fail- the first and third Tuesday of each month at 7:00 ure shall not affect the legality of the p.m. When the day fixed for any regular meeting meeting. falls upon a day designated by law as a legal national holiday, such meeting shall be held on (b) All special meetings shall be held in the the next succeeding day not a holiday. Regular city hall or such other place as designated by a meetings may be otherwise postponed, canceled majority of the council in open session and shall or rescheduled only by motion adopted at a regu- be open to the public and the press. lar meeting by a majority vote of the city council. (Code 1981, § 271.03; Ord. No. 04-2002, §§ 1, 2, All regular meetings shall be held in the city hall 3-19-02) annex or such other place as designated by a majority of the council in open session. Sec. 2-58. Workshop meetings. (Code 1981, § 271.02; Ord. No. 24-93, § 1(271.02), Workshop meetings may be called to informally 8-17-93) discuss matters relating the city business,includ- ing matters to be placed on the agenda for the Sec. 2-57. Special meetings. succeeding regular council meeting, by a verbal (a) A special meeting of the city council may be notice served on the city clerk at a regular meet- initiated by any of the following means: ing of the city council or in writing and signed by a majority of the councilmembers.Workshop meet- (1) By an affirmative vote of a majority of the ings shall be held in the city hall annex or any city council pursuant to the Charter, art. other place so designated by council to [be] the v, § 1. locations of workshop meetings and shall be open (2) By serving the city clerk notice in writing to the public and press. Notice of workshop meet- and signed by a majority of the city conn ings shall be posted 24 hours in advance at the cil. The clerk shall immediately give ver- city hall. Minutes of the workshop meeting shall bal or written notice to each member of be prepared and distributed to council members. the council, stating the date and hour of (Code 1981, § 271.04; Ord. No. 23-93, § 1(271.04), the meeting and the purpose for which 8-17-93; Ord. No. 26-95, § 1, 11-9-95; Ord. No. such meeting is called, and no other busi- 04-2002, § 3, 3-19-02) ness shall be enacted at that meeting.The Sec. 2-59. Preparation of ordinances and res- clerk in the notice of a special meeting initiated in this manner shall allow at olutions prior to meeting. least 24 hours to elapse between the call All ordinances and resolutions prepared shall of the meeting and the date and hour of be filed with the city clerk and a permanent the meeting. reference number assigned prior to consideration (3) By verbal notice to the city clerk or the by the council at any regular meeting. A copy city manager by a majority of the city shall normally be furnished to each councilmember council whenever an emergency exists at the workshop meeting prior to the regular which requires immediate action by the meeting at which the ordinance or resolution council. The clerk shall immediately at- shall be considered. A copy of the ordinance or tempt to give notice to each member of the resolution for adoption at the regular meeting is council stating the hour of the meeting furnished in the council agenda packet. (Code 1981, § 271.05(D); Ord. No. 04-2002, § 4, *Charter references—Meetings, art. V, § 1; rules of 3-19-02) procedure,art.V,§2. Cross references—City clerk, §2-116 et seq.;city attor- State law reference—Public meetings,F.S.ch.286. ney, §2-126 et seq. Supp.No. 10 CD2:6 ADMINISTRATION §2-65 L Sec. 2-60. Preparation and notice of agenda. shall govern and conclusively determine all ques- tions of order if a parliamentary decision by the (a) There shall be an official agenda of every presiding officer is challenged. meeting of the council which shall determine the (Code 1981, § 271.07; Ord. No. 39-93, § 1, 10-19- order of business conducted at the meeting. 93) (b) All items to be placed on the agenda must Sec. 2-63. Sergeant at arms. be initiated by a member of the city council, the city attorney, city clerk or city manager. The sergeant at arms shall be present at reg- ular council meetings when so requested by any (c) All items to be placed on the agenda must member of the city council or by the city manager. be filed with the city clerk prior to or during the (Code 1981, § 271.12) workshop meeting pursuant to section 2-58.If the workshop is not held, any member of the city Sec. 2-64. Call to order; quorum; roll call. council, the city attorney, city clerk or city man- ager may place an item on the agenda. Agenda (a) The presiding officer of the city council packets shall be distributed to council members shall take the chair at the hour appointed for the the Tuesday prior to the council meeting. meeting and shall immediately call the council to order. In the absence of the mayor and the mayor (d) Public notice of the agenda for all meetings pro tem,any councilmember may call the meeting shall be served by posting the agenda in a con- to order at the appointed hour. spicuous place in city hall prior to 1:00 p.m. the (b) In a regular or special meeting before pro- day preceding the meeting. (Code 1981, § 271.06(A)—(C), (E); Ord. No. 04- ceeding with the business of the council, the city 2002, § 5, 3-19-02) clerk or his designee shall call the roll of the Lirol members in alphabetical order, and the names of those present shall be entered in the minutes. Sec. 2-61. Parliamentary procedure. (c) If a quorum of three is not present at the Except as may be provided in the Charter or in roll call, no further business shall be transacted this division, questions of order, the methods of and a recess shall be automatic for a period of 30 organization and the conduct of business of the minutes or until a quorum is in attendance, council shall be governed by Robert's Rules of whichever shall first occur. If a quorum is not in Order, Newly Revised, in all cases to which such attendance at the end of the 30-minute recess,the rules are applicable. meeting shall be automatically adjourned. (Code 1981, § 271.01) (d) In the absence of the mayor and the mayor pro tem and a quorum is present,the first order of Sec. 2-62. Presiding officer. business shall be the election of a temporary presiding officer. Upon arrival of the mayor or The presiding officer of the council is the mayor. mayor pro tem, the temporary presiding officer The council shall annually elect a mayor pro tern shall relinquish the chair upon the conclusion of at the first regular meeting after the day of the the business immediately before the council. general city election and the mayor pro tern shall (Code 1981, § 271.13; Ord. No. 04-2002, § 6, preside over the council in the absence of the 3-19-02) mayor. The mayor shall assume the chair as presiding officer at the next meeting after his or Sec. 2-65. Minutes. her election. The presiding officer shall preserve strict order and decorum at all meetings of the The minutes of the previous regular meeting of council. The presiding officer shall state every the city council shall be adopted by reference, question coming before the council and announce unless request is made by a councilmember for the decision of the council on all matters coming the minutes to be read in their entirety. The city Crioe before it.A majority vote of the members present clerk shall strive to have available to each Supp.No. 10 CD2:7 §2-65 CAPE CANAVERAL CODE J councilmember and to the city attorney a copy of unless the interruption shall be to call the such minutes at least 24 hours preceding the next councilmember to order or as otherwise provided regular meeting. There shall be copies of the in this division. minutes posted on the bulletin board and copies available for the citizens to examine at the city (f) Any citizen present at the meeting may meeting. The minutes of the meeting shall be orally petition the presiding officer to address the approved or corrected by a majority of the mem- council. Permission shall be granted only after a bers present and upon such approval shall be- showing that the subject matter is relevant to the come the official minutes.Amended copies of the business under consideration and is significantly minutes will be distributed to each councilmember. informative to the council. (Code 1981, § 271.14; Ord. No. 04-2002, § 7, (g) Each person addressing the council shall 3-190-2) stand, shall give his or her name and address in Cross reference—City clerk,§2-116 et seq. an audible tone for the minutes and, unless fur- Sec. 2-66. Consideration of matters before ther time is granted by the council, shall limit his council. or her address to five minutes. No person other than councilmembers and the person having the (a) The city council shall not take action upon floor shall be permitted to enter into any discus- any matter which is not listed upon the official sion either directly or through a member of the agenda, unless a majority of the councilmembers council without the permission of the presiding present have first consented to the presentation officer.No question shall be asked councilmembers of the matter for consideration and action. except through the presiding officer. (b) All items of business shall be considered in (h) Any person making impertinent or slander- accordance with the agenda and announced by ous remarks or who becomes boisterous while the presiding officer. Any motion shall then be addressing the council shall be barred from fur- appropriate. ther audience before the council by the presiding (c) When a motion is presented and seconded, officer, unless permission to continue or again it is under consideration, and no motion shall be address the council is granted by the majority of received thereafter,except to adjourn to recess,to the council. lay on the table,to postpone or to amend,until the (i) The councilmember moving the adoption of question is decided. These motions shall have an ordinance or resolution shall have the privi- preference in the order in which they are men- lege of closing debate. tioned and the motions to adjourn, to recess and (Code 1981, § 271.15; Ord. No. 39-93, § 3, 10-19- to lay on the table shall be decided without 93) debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present. Sec. 2-67. Adoption of motion. (d) The presiding officer may move, second Upon cessation of discussion or if called, the and debate from the chair, subject only to such motion before the city council shall be restated by limitations of debate as are imposed by this the presiding officer. Each councilmember shall division upon all members, and the presiding be called in alphabetical order according to last officer shall not be deprived of any of the rights name and shall verbally state "for" or "against" and privileges of a councilmember because of his the motion.The city clerk shall record the vote of being the presiding officer. each councilmember both in the minutes and upon the resolution or ordinance. The presiding (e) Every councilmember desiring to speak for officer shall declare the status of the motion after any purpose shall confine himself or herself to the a vote has been taken. question under debate, avoiding all personalities (Code 1981, § 271.16) and indecorous language. A member once recog- State law reference—Voting conflicts of interest, F.S. nized shall not be interrupted when speaking § 112.3143. Supp.No. 10 CD2:8 ADMINISTRATION §2-102 L Sec. 2-68. General discussion. directives of the city council,through over- Every regular meeting of the city council shall all supervision and coordination. In this include a period of time limited to one hour for the capacity, he coordinates the activities of staff and boards to ensure that adequate purpose of a question and answer session during information and recommendations in im- which any person from the audience may direct portant areas are expeditiously consid- questions concerning city business or affairs to ered by the staff and boards and brought any member of the council or officer or official of promptly to the attention of the council. the city.The limitations set forth in section 2-66(g) and(h) shall apply. (2) Review with the council and with heads of (Code 1981, § 271.17) the several boards and offices the pro- grams and projects of the city and make Sec. 2-69. Adjournment. recommendations thereon as may be nec- essary to administer the city most effec- A motion to adjourn the meeting of the city tively in the public interest. council shall always be in order and shall be decided without debate. (3) Assist the mayor in carrying out the ad- (Code 1981, § 271.18) ministrative and executive responsibili- ties delegated to the mayor and, in con- Secs. 2-70-2-90. Reserved. nection with these responsibilities,to plan, direct,coordinate and manage the admin- istrative affairs of the council. ARTICLE III. OFFICERS AND (4) Prepare and submit the annual budget to EMPLOYEES* p g the city council. Lige DIVISION 1. GENERALLY (5) Appoint and, when deemed necessary for the good of the service,suspend or remove Secs. 2-91-2-100. Reserved. all city employees and appointive admin- istrative officers provided for by and un- der the Charter, except as otherwise pro- DIVISION 2. CITY MANAGERt vided by law, the Charter or personnel rules. The city manager may authorize Sec. 2-101. Powers and duties. any administrative officer who is subject to the city manager's direction and super- The city manager shall have the following vision to exercise these powers with re- powers and duties: spect to subordinates in that officer's de- (1) Provide sustained administrative leader- partment, office or division. ship and coordination of staff and board (6) Direct and supervise the administration activities in carrying out the acts and of all departments,offices and divisions of *Charter reference—Superintendent of public works, the city,except as provided by the Charter art.XV. or by law. Cross references—Purchasing procedure,§2-216 et seq.; the mayor or city manager in the case of the absence of the (7) Perform such other duties as are specified mayor,or any available councilmember in the absence of the in the Charter or as may be required by mayor and city manager, may declare a state of emergency, the city council. § 18-2; fire department, § 38-56 et seq.; police department, (Code 1981, § 231.11) §42-26 et seq. tCharter reference—Appointment by city council, art. §2. Sec. 2-102. Acting city manager. Cross reference—The mayor or city manager in the case of the absence of the mayor,or any available councilmember in The city manager, or in his absence, the city Lime the absence of the mayor and city manager, may declare a council,shall appoint an acting city manager.The state of emergency,§ 18-2. acting city manager shall act for the city manager Supp.No. 10 CD2:9 §2-102 CAPE CANAVERAL CODE 3 during sickness or absence of the city manager islation and coordinate the preparation of and shall be responsible for the functions of the council views on proposed or current state office. or federal law. (Code 1981, § 231.13; Ord. No. 03-2002, § 1, (3) Interpret state or federal law. 3-19-02) Cross reference—City clerk,§2-116 et seq. (4) Prepare and make recommendations and interpretations concerning procedural Secs. 2-103-2-115. Reserved. rules; prepare ordinances and resolutions on request of the city council and city boards; and review all ordinances for con- DIVISION 3. CITY CLERK* sistency, uniformity and legal sufficiency. Sec. 2-116. Duties. (5) Conduct research in legal matters as di- rected by the council. The city clerk has the duties and responsibili- (6) Perform all legal functions with respect to ties to: leases, contracts, tort claims and such (1) Pursuant to F.S. § 119.021 and the Char- other internal legal problems as may arise. ter, be custodian of all public records of (7) Directly administer and supervise the units the city, as defined in F.S. § 119.011, and of the office. the seal of the city. (Code 1981, § 231.31) (2) Be secretary of the council and perform Charter reference—Duties,art.VII, §2. those duties specified in the council rules Sec. 2-127. Attendance at council meetings. of procedure. The city attorney or the assistant city attorney (3) Directly administer and supervise the units in his absence shall be available to the city council of the office. at all meetings,unless excused by the council.He (Code 1981, § 231.21(A), (B), (E)) shall act as parliamentarian at all meetings and shall advise and assist the presiding officer in Secs. 2-117-2-125. Reserved. matters of parliamentary law. (Code 1981, § 271.11) DIVISION 4. CITY ATTORNEY!' Secs. 2-128-2-140. Reserved. Sec. 2-126. Duties. The city attorney has the duties and responsi- bilities to: (1) Advise and represent the city council in matters of litigation. (2) Advise and make recommendations to the city council with respect to proposed leg- *Charter reference—Appointment by city manager,art. VIII, §1. Cross references—Preparation of ordinances and resolu- tions, §2-59;minutes of the city council meeting, §2-65;the city clerk may be appointed deputy city manager,§2-102. tCharter references—Appointment by city council, art. IV,§2;city attorney qualifications,etc.,art.VII. Cross reference—Preparation of ordinances and resolu- tions,§2-59. Supp.No. 10 CD2:10 ADMINISTRATION §2-217 (1111111 je charges, to such a degree as may be necessary to Purchase order means a unilateral instrument keep expenditures within the income. issued by the city ordering supplies, services, or (Laws of Fla., ch. 63-1197, art. XVII, § 7) construction which becomes a contract by the State law reference—Deposit of funds, F.S. §§ 215.85, other party through formal acceptance or by per- 658.98. formance. Secs. 2-207-2-215. Reserved. Services means and includes all personal and nonpersonal services, utilities, insurance, leases for real and personal property, rental, repairs, DIVISION 2. PURCHASING* and maintenance of real or personal property.The term shall not include professional services. Sec. 2-216. Definitions. (Ord. No. 9-93, § 3(205.01), 5-18-93) Cross reference—Definitions and rules of construction The following words, terms and phrases, when generally,§ 1-2. used in this division, shall have the meanings ascribed to them in this section,except where the Sec. 2-217. Purpose. context clearly indicates a different meaning: The city shall purchase supplies, services and Bid means a formal written and sealed re- construction utilizing competitive purchasing meth- sponse to a formal advertisement for specified ods as defined in this division, except to the requirements. extent the laws of the state or of the United States Bidder means an offeror who submits a bid or of America preempt this division or any of its proposal to the city. provisions. Except as otherwise provided in this division, contract awards shall be made to the Blanket purchase order means a continuing lowest responsible bidder. In determining the purchase order designed to capture cumulative lowest responsible bidder, the city shall consider, transactions to reduce the administrative costs of in addition to price: placing recurrent orders with an established ven- dor. (1) The ability, capacity and skill of the bid- der to perform the contract; Construction means and includes all improve- ments to real property. (2) Whether the bidder can perform the con- tract within the time specified; Contract means a mutually binding legal rela- tionship between the city and another party obli- (3) The character and integrity, reputation, gating the other party to furnish supplies, ser- judgement, experience and efficiency of vices or construction to the city and the city to pay the bidder; for them. It includes all types of commitments (4) The quality of performance of previous that obligate the city to an expenditure of funds, contracts by the bidder; and that, except as specifically provided in this division, are in writing. Contracts include bilat- (5) Compliance by the bidder with require- eral instruments, purchase orders, contract mod- ments of the invitation for bid or request ifications and orders under blanket purchase or- for proposal; ders. (6) Previous and existing compliance by the Proposal means an offer submitted to the city bidder with laws and ordinances relating in response to a city request for proposals which to the contract; permits persons to offer, at least in part, the (7) The sufficiency of the financial resources method or manner of contract performance or to of the bidder; specify alternatives to the stated city require- ments. (8) The quality, availability and adaptability of the supplies,services or construction to *Cross reference—Officers and employees,§2-91 et seq. the particular use required; Supp.No. 10 CD2:13 §2-217 CAPE CANAVERAL CODE 3 (9) The ability of the bidder to perform any the public notices inviting bids or propos- warranty obligations called for by the als.Unsuccessful bidders shall be entitled contract; and to the return of surety where the city has (10) The number and scope of conditions at- required such. A successful bidder shall tacked to the bid or proposal by the bid- forfeit any surety required by the city upon failure to enter into a contract upon (Ord. Noe9-93, § 3(205.03), 5-18-93) the terms contained in the bidder's bid or proposal within ten days after the award. Sec. 2-218. Procedure. (4) Bid opening. Bids and proposals shall be submitted sealed to the city and shall All purchases by the city, except as otherwise identify the city invitation for bid or re- provided in this division,when the estimated cost quest for proposal number on the outer thereof shall exceed $20,000.00, shall be pur- envelope.Bids and propoals shall be opened chased by formal written bilateral contract from at the time and place stated in the public the lowest responsible bidder after due notice notice.A tabulation of all bids and propos- inviting bids or proposals. als received shall be posted for public (1) Notice. Notice inviting bids or proposals inspection on the bulletin board in the shall be published in at least one official city hall. newspaper with general circulation in the (5) Rejection of bids. The city shall have the county at least five days preceding the authority to reject all bids or proposals last day set for the receipt of proposals. when the public interest will be served The newspaper notice required shall in- thereby. The city may reject the bid or dude a general description of the sup- proposal of a bidder when: plies, services or construction to be pur- chased and shall state where bid blanks a. The bid or proposal does not conform and specifications may be secured and the to the technical specifications; time and place for opening bids. The city b. The bid or proposal is facially non- shall also advertise pending purchases by conforming as to acceptable materi- a notice posted on the public bulletin als and components or services; or board in city hall. c. The bid materially and substantially (2) City bidders list. The city shall also solicit differs from the invitation for bids or bids or proposals from all responsible pro- request for proposals. spective bidders whose names appear on the bidders list maintained by the city. (6) Ineligible contractors. The city shall not The city shall send a copy of the newspa- solicit or accept the bid or proposal of a per notice described in subsection (1) of contractor who is in the default of pay- this section to each bidder whose name ment of taxes,license fees or other monies appears on the city bidders list. The city due the city. shall mail the notices as aforesaid only to (7) Award to other than low bidder. When the those bidders who ordinarily provide sup- award is not made to the lowest bidder, a plies, services or construction similar in full and complete statement of the rea- character to those called for by the invi- sons for placing the contract elsewhere tation for bids or request for proposals. shall be prepared by the city and filed Prospective bidders may have their names with other documents relating to the in- added to the city bidders list in accor- vitation for bids or request for proposals. dance with procedures to be adopted by (8) Tie bids. If all bids or proposals received the city manager. are for the same total amount or unit (3) Bid deposits. When deemed necessary by price, quality and services being equal, the city,bid deposits shall be prescribed in the contract shall be awarded to any bid- Supp.No. 10 CD2:14 ADMINISTRATION §2-222 L der with a place of business within the supplies, services, or construction are available city. Where tie bids are received from for purchase by the city,the city may purchase the more than one bidder with a place of items from the single source of supply without business within the city or where all tie complying with the competitive purchasing provi- bidders do not have a place of business sions of this division. within the city, the city shall award the (Ord. No. 9-93, § 3(205.09), 5-18-93) contract to one of the tie bidders by draw- ing lots in public. Sec. 2-221. Emergency purchase. (9) Performance bond. The city shall have the In the case of an apparent emergency which authority to require a performance bond requires an immediate purchase of supplies, ser- before entering into any contract in such vices or construction, the city manager shall be amount as the city shall find reasonably empowered to secure by open market procedures, necessary to protect its interest. at the lowest obtainable price, any supplies, ser- (Ord. No. 9-93, § 3(205.05), 5-18-93); Ord. No. vices or construction,regardless of the amount of 05-2002, § 1, 3-19-02) the expenditure,when such procurement is essen- tial to prevent delays in the work of the city which Sec. 2-219. Open market purchase proce- may vitally affect the life, health or welfare or dures. convenience of the citizens. A full report of the All purchases with an estimated value of circumstances of an emergency purchase shall be $20,000.00 or less shall be made on the open filed by the city manager with the city council at market without observing the procedure pre- the next regular city council meeting following scribed by section 2-218 for the award of con- the purchase, shall be entered in the minutes of Liose tracts. Purchases of greater than $1,000.00 but the city council and shall be open to inspection. less than $5,000.00 will be obtained by soliciting (Ord. No. 9-93, § 3(205.11), 5-18-93) written quotes prior to awarding a contract or purchase order.All purchases exceeding$1,000.00 Sec. 2-222. Cooperative purchasing. but not exceeding$5,000.00 shall be approved by (a) The city may procure, without compliance the city manager.Except in the case of emergency, with the competitive purchasing procedures of the city purchasing agent shall solicit at least the this division, supplies, services and construc- three competitive quotes by way of mail, tele- tion under the terms of contracts entered into by phone or other suitable means, and the quote of or through other governmental agencies as fol- the lowest responsible bidder shall be accepted. lows: The city purchasing agent shall keep a record of all open market purchases and the bids submitted (1) The United States government General in competition therefor and such records shall be Services Administration (GSA), or other open to public inspection. If the open market such federal contract; purchase sought is less than $1,000.00, the city (2) State department of purchasing and pro- purchasing agent shall make purchases according curement; to best commercial practice. The purchase of budgeted capital equipment between $5,000.00 (3) Brevard County; and $20,000.00 shall be approved by the city manager. (4) Multicounty cooperatives; or (Ord. No. 9-93, § 3(205.07), 5-18-93; Ord. No. (5) Cooperative purchasing agreements as des- 05-2002, § 2, 3-19-02) ignated by the city council. Sec. 2-220. Sole source. (b) The city manager shall approve any pur- chase from the agencies described in subsection When it has been determined that a certain (a) of this section which exceeds $1,000.00 but Liso' type of supplies, services or construction is avail- does not exceed $5,000.00. The city council shall able from only one source,or no other substitutive approve any such purchase which exceeds Supp.No. 10 CD2:15 §2-222 CAPE CANAVERAL CODE j $5,000.00.The purchase of budgeted capital equip- void, except that before the execution of a pur- ment between $5,000.00 and $20,000.00 shall be chase order or contract,the city council shall have approved by the city manager. the authority to waive compliance with this sec- (Ord. No. 9-93, § 3(205.13), 5-18-93; Ord. No. tion when it finds that such action is in the best 05-2002, § 3, 3-19-02) interest of the city and is in compliance with general law. Sec. 2-223. Prohibition against subdivision. (b) Gifts and rebates.The city purchasing agent No contract or purchase shall be subdivided to and every officer and employee of the city are avoid the requirements of this division. expressly prohibited from accepting, directly or (Ord. No. 9-93, § 3(205.15), 5-18-93) indirectly,from any person to which any purchase order or contract is or might be awarded, any Sec. 2-224. Blanket purchase orders. rebate, gift, money or anything of value whatso- ever, except when given for the use and benefit of The city may issue blanket purchase orders to the city. provide a means for capturing total requirements (Ord. No. 9-93, § 3(205.21), 5-18-93) of budgeted for noncapital items for a period of time not to exceed 12 months. Any blanket pur- Secs. 2-227-2-230. Reserved. chase orders, purchases from which are expected to exceed $20,000.00, shall be entered into using the procedures described in section 2-218. Other DIVISION 3. IMPACT FEES* blanket purchase orders, purchases from which are expected to exceed$1,000.00,shall be entered Sec. 2-231. Levy and purpose. into utilizing open-market procedures. Each pur- In order to defray the cost of new or expanded chase requisition issued against the blanket pur- chase order may be issued by the city purchasing parks and recreation, library, general govern- agent without further approval. No blanket went, police and fire and rescue services and pur- chase order issued by the city shall confer upon equipment attributable to new construction, im- any person the exclusive right to furnish the city's pact fees are levied on such construction in accor- requirements for the supplies,services or construe- dance with the provisions of this division. tion called for by the blanket purchase order. (Ord. No. 41-93, § 1(719.01), 10-19-93) (Ord. No. 9-93, § 3(205.17), 5-18-93; Ord. No. 05-2002, § 4, 3-19-02) Sec. 2-232. Exemptions. The impact fees imposed in this division shall Sec. 2-225. Availability of funds. apply to all new construction within the city, Except in cases of emergency,the city purchas- the following: ing agent shall not issue any order for delivery on (1) Expansion of a residential dwelling unit, a contract or open market purchase until the city so long as no new dwelling unit is created treasurer shall have certified that there is to the thereby. credit of the using agency concerned a sufficient unencumbered appropriation balance,in excess of (2) Remodeling,repair,rebuilding or restora unpaid obligations, to defray the amount of such tion of any structure, so long as no sub- order. stantial additional impact to the services (Ord. No. 9-93, § 3(205.19), 5-18-93) addressed in this division, as determined by the city manager and subject to the Sec. 2-226. Prohibition of interest. appeal to the city council by an aggrieved applicant, is caused thereby. (a) Financial interest. Any purchase order or *Cross references—Fire prevention and protection, ch. contract within the purview of this division in 38;law enforcement, ch. 42; library, ch. 46;parks and recre- which any officer or employee of the city is finan- ation,ch. 54; sanitary sewer system impact fees, §78-121 et cially interested, directly or indirectly, shall be seq. Supp.No. 10 CD2:16 ADMINISTRATION §2-236 L (3) Construction of any nonresidential struc- fee, whichever is less, credited against that cate- ture by any agency of federal, state or gory of impact fees receiving such reduced impact. local government. (Ord. No. 41-93, § 1(719.03), 10-19-93) (b) The parks and recreation services impact fee reduction for a residential project shall be Sec. 2-233. Schedule. based upon a minimum of 35 square feet of enclosed recreation area per dwelling unit and a Impact fees upon new construction shall be maximum of 200 square feet of enclosed recre- established and are imposed and levied to defray ation area per dwelling unit. If those conditions the cost of capital expenditures attributable to are fulfilled, the waiver of one-half of the parks parks and recreation, library, general govern- and recreation impact fee shall be granted. ment, police and fire and rescue services. The (Ord. No. 41-93, § 1(719.09), 10-19-93) amounts of the impact fees are contained in appendix B to this Code. The city council may, Sec. 2-236. Capital expansion trust funds. from time to time, revise the amounts of the (a) Established. The following capital expan- impact fees by resolution. sion trust funds are hereby established: (Ord. No. 41-93, § 1(719.05), 10-19-93) (1) Parks and recreation services special rev- Sec. 2-234. Payment. enue fund; (2) Library services capital expansion special (a) The impact fees imposed by this division revenue fund; shall be paid in legal tender unless the city council accepts an in-kind contribution of real or (3) General government services capital ex- personal property for public use which serves the pansion special revenue fund; Lopie same public purposes as those for which the impact fees are imposed. Credit for such in-kind (4) Police protection capital expansion spe contribution shall be based upon the fair market cial revenue fund; and value of that property as of the date the city (5) Fire protection capital expansion special council accepts such offer of dedication. The ap- revenue fund. praised value of the property shall be verified by at least one competent independent opinion thereof. (b) Collection; deposit. Upon collection of the applicable impact fees imposed by this division, (b) All impact fees shall be paid by certified the same shall be earmarked to ensure that the funds at the time of issuance of the certificate of impact fees are ultimately expended in connec- occupancy for such new construction. tion with the improvements for which they were (Ord. No. 41-93, § 1(719.07), 10-19-93; Ord. No. paid,by crediting the impact fees to the appropri- 07-2002, § 1, 4-16-02) ate capital expansion trust fund or account. Not- withstanding the foregoing,however,the designa- Sec. 2-235. Partial waiver authorized. tion and establishment of any capital expansion trust fund or account shall not be construed to (a) The city council may waive all or any require the establishment of any completely inde- portion of an impact fee required by this division, pendent,self-balancing funds or accounts,as such if privately supplied parks and recreation,library, terms are commonly defined and used in govern- general government, police or fire and rescue mental accounting, but rather is intended solely services provided for the sole use of the residents to constitute an earmarking of the impact fees or occupants of a project are of such a nature as to collected for certain purposes. The impact fees of reduce the project's impact upon the city's capital the earnings thereon may be deposited immedi- needs for expansion of that particular public ately upon collection in five separate interest- service. The amount waived under the authority bearing bank accounts established in the names of this provision shall not exceed the actual cost of of each of the capital expansion trust funds or Lire such facilities,or one-half of the applicable impact accounts;a single,interest-bearing bank account; Supp.No. 10 CD2:17 §2-236 CAPE CANAVERAL CODE j an interest-bearing bank account in which other the fees imposed in this division are based funds of the city are on deposit; or any combina- or to add capital improvements or expen- tion of the foregoing; provided that, in each case, ditures within those general categories, the account or funds are with a depository autho- provided that the total amount of impact rized to receive deposits of city funds and that fees credited to each of the applicable standard accounting records are maintained to capital expansion trust funds or accounts reflect the earmarking of the monies therein for is ultimately expended for the purposes of the various purposes of the capital expansion such capital expansion trust funds or ac- trust funds or accounts. The capital expansion counts in the amount set forth in section trust funds or accounts shall be maintained on 2-233. the books of the city as separate and distinct from (Ord. No. 41-93, § 1(719.11), 10-19-93) all other funds and accounts of the city. Interest earned on the impact fees shall be credited to each of the capital expansion trust funds or accounts in the appropriate percentages. Sec. 2-237. Capital expansion plans. (c) Use. (1) Funds credited to each capital expansion (a) The city council shall adopt a capital ex- account shall be used only for the purpose pansion plan for each such trust account estab- of expansion or acquisition of capital fa- lished in this division. Such plans shall be re- cilities or equipment for the particular viewed annually during the budget review process. service named in each account. Expendi- tures from each account shall be specifi- (b) The impact fees imposed hereby shall be tally approved by the city council,shall be reviewed biannually.At such time the city council limited to the expansion or acquisition of such capital facilities, or for payments, shall analyze the projected construction within including sinking fund payments,on bonds the city, the cost of any new or expanded capital or other certificates of indebtedness exe- facilities and equipment of parks and recreation, cuted for the purpose of expansion or library, general government, and fire and rescue acquisition of those facilities or equip- services which shall be generated by that construc- ment. Before authorizing an expenditure tion, and the funds otherwise available to finance from any one of these trust accounts, the those costs. city shall determine that: (Ord. No. 41-93, § 1(719.13), 10-19-93) a. The expenditure is for capital facili- ties or equipment to be used for the purpose of such account; b. The expenditure is required by new Secs. 2-238-2-245. Reserved. construction from which such funds were collected; and c. The expenditure will result predom- inantly in a special benefit to new construction,as opposed to pre-exist- ing uses. (2) The city shall have the right to modify or delete any of the proposed capital improve- ments or expenditures within each of the general categories of the improvements and specialized equipment reflected in any impact fee study report upon which Supp.No. 10 CD2:18 ADMINISTRATION §2-259 Lisie ARTICLE VI. CODE ENFORCEMENT* Sec. 2-258. Duties,responsibilities and pow- ers. DIVISION 1. GENERALLY The code enforcement board shall have duties, responsibilities and powers as set forth, and shall Secs. 2-246-2-255. Reserved. be governed in all respects,by F.S.ch. 162,or any successor statute, and shall have the power to DIVISION 2. CODE ENFORCEMENT hear appeals as otherwise set forth in the city BOARDt Code of Ordinances. (Ord. No. 23-94, § 1, 7-19-94) Sec. 2-256. Created. Sec. 2-259. Prosecution of violations with no A code enforcement board is hereby established criminal penalty. pursuant to the authority granted by F.S.ch. 162, or any successor statute. Any violation of the city Code of Ordinances (Ord. No. 23-94, § 1, 7-19-94) which the city elects to prosecute before the code enforcement board shall have no criminal penalty Sec. 2-257. Membership. as to said violation. The city council shall appoint members of the (Ord. No. 23-94, § 1, 7-19-94) code enforcement board in accordance with the terms of F.S. § 162.05, or any successor statute. (Ord. No. 23-94, § 1, 7-19-94) *Editor's note—Ord. No. 23-94, § 1, adopted July 19, 1994,is treated as having repealed former Art.VI,§§2-246- 2-288,relative to Code enforcement,and enacted a new Art.VI to read as herein set out. The provisions of former Art. VI derived from Code 1981, §§ 265.01(A)—(I), 265.02, 265.03, 265.05, 265.06(A)—(D), 265.07(A)—(I), 265.09, 265.10(A)— (D),265.12 and 265.13 and Ord.No.1-93,§1,adopted Feb.16, 1993. Cross references—Regulations regarding the amuse- ment device code, § 10-26 et seq.; regulations regarding outdoor entertainment,§ 10-46 et seq.;regulations regarding adult entertainment, § 10-86 et seq.; regulations regarding animals, ch. 14; businesses, ch. 16; regulations regarding alarm systems,§30-26 et seq.;regulations regarding littering, § 34-26 et seq.; litter abatement procedure, § 34-66 et seq.; regulations regarding property maintenance standards,§34-91 et seq.; regulations regarding weeds and dead vegetation, §34-121 et seq.;regulations regarding noise,§34-151 et seq.; regulations regarding abandoned property, § 34-176 et seq.; regulations regarding lighting systems, §34-206 et seq.;fire prevention and protection, ch. 38; regulations regarding col- lection and disposal of solid waste,ch.62;regulations regard- ing excavations in streets,sidewalks and other public places, § 66-61 et seq.; regulations regarding occupational licenses, § 70-66 et seq.; regulations regarding the sanitary sewer system, § 78-26 et seq.; regulations regarding buildings, ch. 82;regulations regarding stormwater management, §90-116 et seq.;regulations regarding signs,ch.94;regulations regard- ing subdivisions,ch.98;regulations regarding vegetation,ch. 102; regulations regarding wetlands protection, § 106-26 et seq.;regulations regarding zoning,ch. 110. State law reference—Code enforcement,F.S.ch. 162. Lare tCross reference—Boards,committees,commissions,§2- 171 et seq. Supp.No. 10 CD2:19 J J 3 ALCOHOLIC BEVERAGES §6-27 L ARTICLE I. IN GENERAL ing which is intended to give the appear- ance of or simulate such portions of the Sec. 6-1. Penalty. human female breast as described in sub- Any person violating this chapter shall be section(a)(1) of this section. punished as provided in section 1-15. (3) Suffer or permit any person, while on the (Code 1981, §§ 733.04, 733.05, 734.03, 737.09) premises of the commercial establish- Secs. 6-2-6-25. Reserved. ment, to expose to public view the geni- tals, pubic area, buttocks, anus or anal cleft or cleavage of such person. ARTICLE II. OPERATION OF ESTABLISHMENTS (4) Suffer or permit any person,while on the premises of the commercial establish- Sec. 6-26. Hours of operation. ment, to employ any device or covering which is intended to give the appearance (a) Any commercial establishment which serves, dispenses, stores or sells alcoholic beverages, or of or simulate the genitals, pubic area, buttocks, anus, anal cleft or cleavage. where alcoholic beverages are consumed,or which holds a license under the division of beverages for (b) It shall be unlawful for any female person either on-premises or off-premises consumption, while on the premises of a commercial establish- shall have the hours of operation for the purposes ment located within the city at which alcoholic of dispensing, selling, consuming or serving alco- holic beverages from 7:00 A.M. of one day to 2:00 beverages are offered for sale, served, consumed A.M. of the following day. or stored to expose to public view that area of the human female breast at or below the areola or to (b) Establishments within the city licensed by employ any device or covering which is intended the state division of beverages may remain open to give the appearance of or simulate such areas until 4:00 a.m. on January 1 and shall not be of the female breast as described in this subsec- required to close at 2:00 a.m. as provided in tion. subsection (a) of this section. (Code 1981, §§ 733.01, 733.03; Ord. No. 10-94, (c) It shall be unlawful for any person while on § 1(733.01), 3-1-94) the premises of a commercial establishment lo- State law reference—Authority to regulate hours of sale, F.S. §562.14. cated within the city at which alcoholic beverages are offered for sale, served,consumed or stored to Sec. 6-27. Nudity on premises where served, expose to public view the genitals, pubic area, consumed or stored. buttocks, anus or anal cleft or cleavage of such (a) It shall be unlawful for any person main- person or to employ any device or covering which twining,owning,or operating a commercial estab is intended to give the appearance of or simulate lishment located within the city at which alco- the genitals, pubic area, buttocks, anus or anal holic beverages are offered for sale, served, cleft or cleavage. consumed or stored to: (d) If the owner, operator, lessor, lessee, man- (1) Suffer or permit any female person,while ager, employee or any other person participating on the premises of the commercial estab- in the operation of a commercial establishment lishment,to expose to the public view that located within the city at which alcoholic bever- area of the human breast at or below the ages are offered for sale, served, consumed or areola. stored shall be convicted of any of the offenses (2) Suffer or permit any female person,while designated in subsection (a) of this section, the on the premises of the commercial estab- city treasurer shall revoke the occupational li- lishment, to employ any device or cover- cense for the establishment after giving a reason- Supp.No. 10 CD6:3 §6-27 CAPE CANAVERAL CODE j able notice thereof to the holder of the license and this section shall be deemed to waive any provi- affording the holder an opportunity to be heard as sions of state law regulating alcoholic beverages. to why the revocation should not be issued. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) (Code 1981, § 734.01(A)—(C), (E)) Cross reference—Parks and recreation,ch. 54. Cross reference—Adult entertainment regulations,§10-86 et seq. Secs. 6-53-6-65. Reserved. State law reference—Authority to regulate conduct,F.S. §§562.14,562.45. DIVISION 2. MOTOR VEHICLES* Secs. 6-28.--6-50. Reserved. Sec. 6-66. Definitions. ARTICLE III. POSSESSION AND The following words, terms and phrases,when CONSUMPTION used in this division, shall have the meanings ascribed to them in this section, except where the DIVISION 1. GENERALLY context clearly indicates a different meaning: Alcoholic beverage means any beverage contain- Sec. 6-51. Streets,alleys,sidewalks and park- ing more than one percent of alcohol by weight. ing areas. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, (a) It shall be unlawful for any person to drink, malt liquor, malt beverage, wine, wine cooler or consume or possess an open container of alcoholic other similar name and which bears the beverage, as defined in F.S. § 561.01, including manufacturer's insignia,name or trademark,shall but not limited to beer and wine, on or upon any be prima facie evidence that such beverage is an street, alley,walkway, sidewalk or any city public alcoholic beverage. parking area open to the public in the ordinary course of business within the city. Highway means any public street,avenue,bou- (b) The city council may waive the prohibitions levard, roadway, alley, sidewalk, parking lot or of this section for any special event,including,but other right-of-way or any area upon which the public has a right to travel, whether public or not limited to, community picnics, charitable ball private, located within the incorporated area of games and other events, provided that nothing in the city. this section shall be deemed to waive any provi- sions of state law regulating alcoholic beverages. Open container means any bottle, can or other (Code 1981, § 604.01; Ord. No. 06-2002, § 1, receptacle or container containing any alcoholic 3-19-02) beverage or any mixture containing an alcoholic Cross references—Library, ch. 46;parks and recreation beverage which has been opened or a seal broken areas, ch. 54; streets, sidewalks and other public places, ch. or the contents of which have been partially 66;waterways,ch. 106;zoning,ch. 110. removed. Sec. 6-52. Parks and recreation areas. Possession means an open container shall be (a) It shall be unlawful for any person to drink, considered to be in the possession of the operator consume or possess an open container of alcoholic of a vehicle if the container is not in the posses- beverage, as defined in F.S. ch. 561, within the sion of a passenger and is not located in a locked glove compartment, locked trunk or other locked confines of any public park, public recreational nonpassenger area of the vehicle. An open con- area, public recreation facility or public ballpark tainer shall be considered to be in the possession within the city, excluding the ocean beach. of a passenger of a vehicle if the container is in the (b) The city council may waive the prohibitions *Cross references—Streets, sidewalks and other public of this section for any special event,including but places,ch.66;traffic and vehicles,ch. 74. not limited to community picnics, charitable ball State law reference—Possession of open containers in games and other events, provided that nothing in vehicles,F.S. §316.1936. Supp.No. 10 CD6:4 ALCOHOLIC BEVERAGES §6-69 Lisle' physical control of the passenger. An open con- lized for traveling and recreational pur- tainer shall not be considered in the possession of poses and that is equipped with a person if the open container is located in the refrigeration facilities. refrigerator or other storage area of a motor home (2) The possession of any open container con- or recreational vehicle which is in excess of 21 feet taming any alcoholic beverage by any in length. state-licensed beverage salesperson, ven- Vehicle means every device in, upon or by dor or agent,but only for purposes specif- which any person or property is or may be trans- ically related to his employment as a ported or drawn upon a highway, except devices salesperson, vendor or agent and only used exclusively upon stationary rails or tracks. during normal working hours for such (Code 1981, § 737.03; Ord. No. 5-93, § 1(737.03), business. 4-6-93) (3) The possession of any open container con- Cross reference—Definitions and rules of construction taming any alcoholic beverage by any generally,§ 1-2. duly ordained or authorized minister,pas- Sec. 6-67. Policy and intent. tor, priest, rabbi or any other similarly designated person of any religious order, The city council finds that the consumption of monastery, church or religious body, but alcoholic beverages while driving or riding in or only for purposes specifically related to on a motor vehicle poses a grave and imminent the fulfillment of religious duties. hazard to the health, safety and welfare of the (4) The possession of any open container con- residents of the city and is in conflict with and of taming any alcoholic beverage by any law the spirit of the beverage laws of the state. It Lioe, therefore is declared to be the policy of the city enforcement officer and employee of a law that the consumption of alcoholic beverages and enforcement agency,but only while in the the possession of any open container containing performance of lawful duties. alcoholic beverages while driving or riding in or (5) The possession of any open container con- on a motor vehicle is prohibited. taming any alcoholic beverage by any (Code 1981, § 737.01) person engaged in picking up empty bev- erage containers solely for the purpose of Sec. 6-68. Open containers prohibited. collecting the deposit or value of such containers. It shall be unlawful for any person in any motor vehicle to possess, to have readily accessi- (6) The possession of any open container con- ble or to transport or to allow others to possess,to taming any alcoholic beverage by any have readily accessible or to transport any open person participating in a litter control or container containing any alcoholic beverage or pickup program. any mixture containing an alcoholic beverage (b) The exceptions stated in subsection (a) of while the motor vehicle is upon a street or high- this section shall apply only to possession and way within the city. transportation of alcoholic beverages and open (Code 1981, § 737.05) containers, and not to drinking or consuming alcoholic beverages. Sec. 6-69. Exceptions. (Code 1981, § 737.07) (a) This division shall not apply to: (1) Any open container in a refrigerator in the living area of a house trailer, travel trailer,camping trailer,motorhome,camper and other similar type of facility that is primarily designed and constructed to pro- vide temporary living quarters and uti- Supp.No. 10 CD6:5 J J J ELECTIONS §26-4 (111i1NO" Sec. 26-1. State election code adopted. The state election code, F.S. chs. 97-106, is adopted as the procedure for conducting munici- pal elections within the city.The duties,authority and responsibility of state and county officers, board and bodies set forth in the state election code shall apply to the corresponding municipal entities in the conduct of municipal elections. (Code 1981, § 211.01) Sec. 26-2. Penalties for violations. All penalties for violations as provided in the state election code adopted in this chapter are specifically adopted as the penalties for violations of such code as they pertain to municipal elections conducted within the city. (Code 1981, § 211.02) Sec. 26-3. Qualifying period—Generally. The qualifying period for candidates for the offices of the mayor and city council shall be at any time after 12:00 noon of the 74th day prior to the general election and no later than 12:00 noon of the 60th day prior to the date of the general election. (Code 1981, § 211.04; Ord. No. 10-2002, § 1, 6-4-02) Sec. 26-4. Same—Write-in candidates. The qualifying period for write-in candidates for the offices of the mayor and city council shall be at any time after 12:00 noon of the 63rd day prior to the date of the general election and no later than 12:00 noon of the 60th day prior to the date of the general election. (Code 1981, § 211.05; Ord. No. 10-2002, § 2, 6-4-02) L Supp.No. 10 CD26:3 J J J UTILITIES §78-123 L DIVISION 3. IMPACT FEES* such assessment, last charges and penalties, the city shall have a lien on such lot or parcel of land Sec. 78-121. Established. for which the sewer connection has been made,for which such lien shall be of equal dignity with the There shall be paid an assessment to defray lien of state and county and municipal taxes. the cost and expense of collection, transmission, Such lien may be foreclosed by the city in the treatment and disposal of sewage and for neces- same manner provided by the laws of the state for sary equipment, repairs, replacement and addi- the foreclosure of mortgages upon real estate. tions and for any new sewer plant expansion for (Code 1981,§535.02;Ord.No. 31-93, § 1,9-21-93; the city. Such assessment shall be for the sewer Ord.No 23-96, §3, 12-3-96;Ord.No. 08-2002,§ 1, system on all new construction and all structures 4-16-02) initially connecting to the city sewer system. The assessment schedule shall be as set forth in Sec. 78-123. Excessive quantity of wastewa- appendix B to this Code. ter. (Code 1981, § 535.01; Ord. No. 5-92, § 1, 5-5-92) For those establishments which the city deter- Sec. 78-122. Payment. mines generate more than 10,000 gallons per day of wastewater into the system, the city shall The assessments as set forth in this division calculate the impact fee based on the quantity of shall be paid by certified funds at the time of discharge actually introduced into the sewer col- issuance of a certificate of occupancy for such new lection system.At the city's option,a flow meter to construction, except as provided in section 78- monitor the quantity of discharge shall be in- 123. Except as provided in section 78-34, a build- stalled at the user's expense.The following method ing permit shall not be issued unless a sewer shall be used to determine the impact fee: permit has been first obtained.The amount of the (1) An impact fee deposit of$12,700.00 shall assessment shall be determined in accordance be paid by the user; with the rates established in section 78-121 in effect at the time a sewer permit is issued by the (2) The total volume of effluent in gallons city.A sewer permit shall not be issued until a city shall be recorded for the initial period of sewer main line is placed within 150 feet of the six consecutive months following installa- applicant's property.If the assessment is not paid tion of the aforesaid sewer line; by the 30th day following that for which a billing (3) The six months' total volume shall be has been rendered, then an amount equal to five divided by the number of days in the percent of such assessment due shall be added six-month period to compute a daily aver- thereto as a late charge. Upon failure of any user age discharge through the sewer line; to pay for the assessment within 60 days from being billed, the city shall shut off or cause to be (4) The daily average discharge in gallons shut off the connection of such user and shall not shall be divided by 400 to establish the furnish him or permit him to receive from the number of units to be assessed at the system further service until all obligations owed costs of$2,032.00 per unit(example:if the by him to the city on account of the services shall average daily discharge is 800 gallons, have been paid in full. If such sewer service is the sewer impact assessment shall be shut off pursuant to this section,then before such $4,064.00); service shall be restored, the user thereof shall (5) If the sewer impact assessment for the pay a reinstatement fee in the amount as set forth first six months as calculated above ex- in Appendix B to this Code in addition to any ceeds the$12,700.00 initial deposit made, other assessments and charges due. In addition No], and as an alternative means of, collecting the user shall pay the difference within 15 days after written notification to user of *Cross references—Finance,§2-206 et seq.;impact fees, the required adjustment. However, if the (ttime, §2-231 et seq.;buildings and building regulations,ch.82. assessment as calculated above does not Supp.No. 10 CD78:21 §78-123 CAPE CANAVERAL CODE "ft) exceed the initial deposit, the city agrees Sec. 78-127. Use of funds. to reimburse the difference to the user no All funds generated by sewer connection im- later than 30 days after the first six- pact fees shall be used for projects related to month monitoring period; sewer plant expansion and sewer plant collection (6) For each succeeding six-month period the and transmission line expansion and shall not be volume of effluent outflow shall be mea- used as operating revenue for the sewer plant. sured. To the extent that average daily These funds shall be kept in accounts which are effluent outflow in any subsequent six- segregated from the general sewer plant fund. month period exceeds that of the initial (Code 1981, § 535.04) six-month period, an additional impact fee for the excess shall be levied as calcu- Sec. 78-128. Change of use. lated and as provided for in subsections Any structure or use of structure which is (3) and (4) of this section. Any additional modified such that the sewer impact assessment fee so calculated shall be paid to the city is greater than the amount for which the initial within 15 days of written notification to impact fee was computed, the owner shall be user; assessed additional impact fees in accordance (7) For the initial six-month period only, if with section 78-121. For any change of use which the average daily effluent outflow is less increases the original impact fee for which the than initially projected, the city shall re- building was constructed, the owner will be as- fund the unused portion of the impact fee sessed additional impact fees in accordance with as set forth above. For subsequent six- section 78-121. For any change of similar use month monitoring periods, there shall be which increases the number of units(per seat,per no refunds of impact fees, regardless of worker,per square feet of floor space, etc.)within effluent outflow volumes. the establishment, the owner will be assessed ".•41) (Code 1981, § 535.02(A); Ord. No. 31-93, § 1, impact fees only on the additional number of 9-21-93) units proposed to be constructed, in accordance with section 78-121. Sec. 78-124. Reserved. (Code 1981, §535.05;Ord.No.23-96,§5, 12-3-96) Editor's note—Ordinance No.23-96,§1,adopted Decem- Sec. 78-129. Cost of living increase. ber 3, 1996, deleted § 78-124 in its entirety. Formerly, such section pertained to collection over certain time; promissory Any user of the services of the sewer system note and derived from§535.02(B)of the 1981 Code;Ord.No. shall pay a sewer impact fee as established in 31-93, § 1, 9-21-93. section 78-121. The schedule of fees is subject to revision annually as may be necessary to keep the Sec. 78-125. Full payment required prior to cost commensurate with changes in the cost of issuance of certificate or li- living as reflected by the Consumer Price Index or cense. because of any regulatory or environmental fac- tors which increase the costs of sewage collection, No certificate of occupancy or city license shall transmission and treatment.All revisions shall be be issued until the impact fee as set forth in this done by resolution and shall become effective as of division has been paid in full. May 1 of each year.The basis of such rate increase (Code 1981, §535.03;Ord. No. 21-92, § 1, 11-5-92; shall be the Consumer Price Index U.S. city Ord. No. 23-96, § 4, 12-3-96) average, "all items"(82-84-100),published by the Bureau of Labor Statistics of the United States Sec. 78-126. Reserved. Department of Labor. The index number for the Editor's note—Ordinance No.23-96,§2,adopted Decem- month of February 1991 shall be the base index ber 3, 1996, deleted § 78-126 in its entirety. Formerly, such number and the corresponding index number for section pertained to issuance of certificate of occupancy upon the month of February in each succeeding year full payment and derived from§535.02(B)of the 1981 Code. Supp.No. 10 CD78:22 ZONING § 110-121 Lope, proved private street or easement dedicated and (d) No building permit shall be granted for the accepted by the city providing legal access to a construction, addition or alteration of a place of public street. assembly, unless plans signed by a registered (Code 1981, § 645.03) architect or registered engineer, according to the laws of the state governing the practice of archi- Sec. 110-107. Application. tecture, accompany the permit application. (a) All applications for building permits re- (e) Where plans and specifications for construc- quired under this chapter shall be made in con- tion in the city are revised by the city engineer, formity with this chapter and other applicable the actual costs of such review shall be paid by the city ordinances or codes, including those ordi- applicant, whether a building permit is issued or nances or codes applicable to the building and not.The building official shall require a deposit of construction industry All applications for build- estimated cost upon receipt of the application for ing permits shall be accompanied by plans in a building permit. duplicate, drawn to scale, showing the legal de- (Code 1981, § 645.04) scription and the actual dimensions and shape of the lot to be built upon; the exact sizes and Sec. 110-108. Expiration. locations on the lot of buildings already existing, if any, and the size, shape and location of the The expiration date of the building permit building or alteration, including accessory build- shall be in accordance with section 106.6.1 of the ings or structures, if any. The application shall building code adopted in section 82-31. include such other information as lawfully may be (Code 1981, § 645.09) required by the building official, including exist- kkailve ing or proposed building or alteration; existing or proposed uses of the building and land; the num- Secs. 110-109-110-120. Reserved. ber of families,housekeeping units or rental units the building is designed to accommodate; condi- DIVISION 3. CERTIFICATE OF OCCUPANCY tions existing on the lot; and such other matters as may be necessary to determine conformance with and provide for the enforcement of this Sec. 110-121. Required. chapter. No land or building or part thereof erected or (b) It shall be unlawful for any person to altered in its use or structure shall be used until continue construction of any building or structure the building official shall have issued a certificate beyond the foundation until a plot plan showing of occupancy stating that such land, building or the foundation of the building or structure has part thereof and the proposed use thereof is found been prepared in duplicate by a licensed surveyor to be in conformity with this chapter. Within and approved by the building official. One copy of three days after notification that a building or the plot plan shall be returned to the owner, and premises or part thereof is ready for occupancy or one copy shall be filed with the city. use, it shall be the duty of the building official to make a final inspection thereof and to issue a (c) One copy of the plans shall be returned to certificate of occupancy if the land, building or the applicant by the building official, after he part thereof and the proposed use thereof is found shall have marked such copy as permitted for to conform with this chapter. If issuance of such construction and attested to such by his signature certificate is refused, the building official shall on such copy. This copy of the plans shall be state such refusal in writing with the reason. A available at the site of construction during all temporary certificate of occupancy may be issued times when construction is being carried on. The by the building official for a period not exceeding second copy of the plans, similarly marked, shall six months during alterations or partial occu- be retained by the building official. pancy of a building pending its completion, pro- Supp.No. 10 CD110:21 § 110-121 CAPE CANAVERAL CODE J vided that such temporary certificate may require (2) The relationship of the proposed amend- such conditions and safeguards as will protect the ment to the purpose of the city's plan for safety of the occupants and the public. development, with appropriate consider- (Code 1981, § 645.07) ation as to whether the proposed change will further the purposes of this chapter Sec. 110-122. Hotels and motels. and the plan. A certificate of occupancy for hotels and motels (c) The planning and zoning board shall sub- shall only be issued initially for a minimum of 150 mit the request for change or amendment to the units. After a hotel or motel project has received city council with written reasons for its recom- its initial certificate of occupancy for its first 150 mendation. units, subsequent certificates of occupancy may (d) The procedure for the adoption of any ordi- be issued for each building constructed thereafter. nance amending this chapter shall be in conform- All units within any one building of a hotel or ance with the notice and meeting requirements as motel shall be completed before a certificate of codified in section 166.041, Florida Statutes, as occupancy is issued. amended, and provided further that the proce- (Code 1981, § 645.08; Ord. No. 30-98, § 2, 10-20- dures for zoning classification changes and com- 98) prehensive plan amendments shall be in conform- ance with the requirements of chapters 163 and Secs. 110-123-110-135. Reserved. 166, Florida Statutes. (e) Any proposal for a zoning amendment by DIVISION 4. AMENDMENTS AND any individual,corporation or agency pursuant to REZONINGS this section shall be by application, which shall contain the following information: Sec. 110-136. Authority. (1) The name of the owner of the particular The sections, restrictions and boundaries set real property; forth in this chapter may, from time to time, be (2) If the applicant is other than all the amended, supplemented, changed or repealed in owners of the particular property,written the manner prescribed by law and this division. consent signed by all owners of the par- (Code 1981, ch. 647) ticular real property shall be detached; Sec. 110-137. Procedure. (3) The legal description of the particular real property, accompanied by a certified (a) Any amendment to this chapter may be survey or that portion of the map main- proposed by: tained by the tax assessor reflecting the (1) The city council. boundaries of the particular real prop- erty; (2) The planning and zoning board. (4) The current land use zoning classifica- (3) Any department or agency of the city. tion, or special exception, with any speci- fied conditions, as recorded on the official (4) Any person or entities. zoning map; (b) All proposed amendments shall be submit- (5) The requested land use zoning classifica- ted to the planning and zoning board (in its tion or special exception classification that capacity as both the planning and zoning board constitutes an amendment to the official and the local planning agency) for study and zoning map. recommendation. The planning and zoning board (6) Names and addresses of all property own- shall study such proposals to determine: ers(affected property owners)owning prop- (1) The need and justification for change. erty which lies within a radius of 500 feet Supp.No. 10 CD110:22 ZONING § 110-160 LIWe of a boundary of the survey or that portion Sec. 110-139. Reconsideration of district of the map maintained by the tax assessor boundary changes. reflecting the boundaries of the parcels When a proposed change in zoning district affected. boundaries has been acted upon by the city coun- cil(f) No recommendation for change or amend- and disapproved or failed to pass, such pro- posed change, in the same or substantially simi- ment may be made by the planning and zoning lar form, shall not be reconsidered by the city board until due public notice has been given or a council for a period of two years. Such restriction public hearing. Public hearing notice shall be shall not apply to the property owner if the given at least 15 days in advance of the hearing original request was initiated by the city council, by the publication in a newspaper of regular and planning and zoning board or any department or general circulation in the city hall.No recommen- agency of the city nor shall such restriction apply dation for change shall be made by the planning to the city council,the planning and zoning board and zoning board unless and until the public or any department or agency of the city hearing has been advertised. Said notice shall (Code 1981, § 647.05) contain the names of the applicant, the legal description of the affected property, the existing Secs. 110-140-110-160. Reserved. land use classification and special exception des- ignation, the request amendment to the official zoning map, and the time and place of the public hearing on the consideration of said application. (g) For proposed zoning changes,a notice shall Liror' be mailed by the office of the city clerk using certified mail to all affected property owners (as defined in subparagraph (6) of paragraph (e) of this section); provided, however, that failure to receive such notice shall not affect any action or proceeding taken hereunder. (h) When any proposed changes of a zoning district boundary lies within 500 feet of the bound- ary of an incorporated or unincorporated area, notice shall be forwarded to the planning board or governing body of such body an opportunity to appear at the hearing and express its opinion on the effect of said district boundary change. (Code 1981, § 647.01; Ord. No. 14-97, § 1, 11-18- 97; Ord. No. 6-99, § 1, 6-15-99; Ord. No. 09-2002, § 1, 5-21-02) Sec. 110-138. Limitations. No proposal for zoning change or amendment affecting a particular property shall contain con- ditions, limitations or requirements not applica- ble to all other property in the district to which the particular property is proposed to be rezoned. Larre (Code 1981, § 647.03) Supp.No. 10 CD110:22.1 J J 3 APPENDIX B—SCHEDULE OF FEES (1.000, Code Description Amount Section Chapter 62. Solid Waste (a) Collection fees: 62-5 (1) Single-family, duplex and triplex, per unit per month 7.57 (2) Mobile home units and individual apartments or condomin- iums, per unit per month 4.68 (3) Individual commercial business accounts with trash cans, per unit per month 11.09 (4) Commercial dumpsters used by commercial businesses, apartment complexes and condominiums, per container- ized yard per month 27.61 (5) Special collection services, in addition to the normally provided twice-weekly service for commercial dumpsters as provided in subsection(4)above,per containerized yard per pick-up 3.95 (6) Recycling service, per dwelling unit 2.18 L Lime' Supp.No. 10 CDB:6.1 J J J APPENDIX B--SCHEDULE OF FEES Code Description Amount Section b. Four or more residential units 50.00 Plus $7.50 per unit, not to exceed $500.00 c. Commercial structures, per acre of land or portion thereof 150.00 d. Extension of site plan 150.00 (2) Resubmission. Changes to originally approved site plans shall be charged at a rate equal to 50 percent of the original fee. (f) Fence height exemption filing fee 35.00 110-470 (Res.No.90-22,§ 1,4-18-90;Res.No. 90-35, § 1,6-19-90;Res.No.92-12, § 1,3-17-92;Res.No.92-18,§ 1, 4-21-92; Res. No. 92-19, § 1, 4-21-92; Res. No. 92-56, § 1, 10-20-92; Res. No. 93-08, § 1, 5-4-93; Ord. No. 31-93, § 1, 9-21-93; Ord. No. 41-93, 10-19-93; Ord. No. 44-93, § 1(683.35), 1-4-94; Res. No. 94-23, § 1, 5-3-94; Res. No. 94-94; § 1, 7-19-94; Res. No. 95-17, § 1, 6-20-95; Res. No. 95-19, § 1, 6-29-95; Res. No. 95-22, § 1,6-29-95;Res. No. 95-23, § 1,6-29-95; Res. No. 95-25, § 1, 7-18-95;Res. No. 96-26, § 1, 5-21-96; Res. No. 96-32, § 1, 6-18-96; Res. No. 96-62, § 1, 12-17-97; Ord. No. 97-15, § 1, 5-20-97; Ord. No. 97-18, § 1, 6-17-97; Ord. No. 97-36, § 1, 10-7-97; Res. No. 28-98, § 1, 9-15-98; Res. No. 22-00, § 1, 7-18-00; Res. No. 2000-40, § 1, 10-3-00;Res.No.2000-42, § 1, 10-3-00;Res.No.2001-04, § 1,2-6-01;Res.No.2002-026, § 1, 7-16-02) L L Supp.No. 10 CDB:17 J J J CODE COMPARATIVE TABLE Ordinance/ Resolution Section Number Date Section this Code 94-31-94-37 94-61-94-64 94-76-94-83 94-96-94-101 9-00 8-15-00 1 78-152(a) 22-00 7-18-00 1 App.B,Ch. 78,Art. III,(bX2)B. 2000-40(Res.) 10- 3-00 1 App.B,Ch.22,Art. III 2000-42(Res.) 10- 3-00 1 App.B,Ch. 78,Art. III 2001-04(Res.) 2- 6-01 1 App.B,Ch. 78,Art. III 06-2001 12- 4-01 1 Ch.82,Arts. I—X 2 Rpld Ch.82,Arts.XI— XIII 03-2002 3-19-02 1 2-102 04-2002 3-19-02 1 2-57(aX2) 2 2-57(aX3) 3 2-58 4 2-59 5 2-60(c) 6 2-64(c) 7 2-65 (111111110' 05-2002 3-19-02 1 2-218 2 2-219 3 2-222(b) 4 2-224 06-2002 3-19-02 1 6-51 07-2002 4-16-02 1 2-234(b) 08-2002 4-16-02 1 78-122 09-2002 5-21-02 1 110-137 10-2002 6- 4-02 1 26-3 2 26-4 2002-26(Res.) 7-16-02 1 App.B,Ch.62 ‘1/411111001 Supp.No. 10 CCT:17 J J J CODE INDEX LIII,' Section Section BRIDGES BUILDINGS(Cont'd.) Subdivisions Public service tax 70-26 et seq. Land development code regulations.... 98-1 et seq. See:TAXATION See:LAND DEVELOPMENT CODE Sanitary sewer system 78-26 et seq. See: SEWERS AND SEWAGE DIS- BRUSH.See:WEEDS AND DEAD VEGETA- POSAL TION Street excavations 66-61 et seq. BUDGET See: STREETS, SIDEWALKS AND City manager OTHER PUBLIC WAYS Powers and duties 2-101(4) Weeds and dead vegetation 34-121 et seq. City treasurer See: WEEDS AND DEAD VEGETA- Duties 2-141(2) TION BUFFERS AND BUFFERING BULK CONTAINERS Flood damage prevention 90-26 et seq. Solid waste 62-1 et seq. See:LAND DEVELOPMENT CODE See:SOLID WASTE Tree protection,land clearing 102-36 et seq. BULKHEADS See: LAND DEVELOPMENT CODE Subdivisions BUILDINGS. See also: LAND DEVELOP- Land development code regulations.... 98-1 et seq. MENT CODE See:LAND DEVELOPMENT CODE Beautification board 2-181 et seq. BURGLAR ALARMS.See:ALARM SYSTEMS See:BEAUTIFICATION BOARD Building appearance and maintenance 34-98 BURNING Building code Solid waste 62-11(b) Existing standards building code 82-233 et seq. Generally 82-31 et seq. BURYING/BURIAL Unsafe building abatement code 82-56 et seq. Solid waste 62-11(c) Lile Buildings and building regulations. Trash,rubble or other debris 34-41 See: LAND DEVELOPMENT BUSINESS AND CULTURAL DEVELOP- CODE MENT BOARD Building sewers and connections 78-76 et seq. Advisory capacity 22-34 See: SEWERS AND SEWAGE DIS- Composition;qualifications 22-28 POSAL Definitions 22-26 Community appearance review board .... 22-36 et seq. Established 22-27 See:COMMUNITY APPEARANCE RE- Indebtedness 22-35 VIEW BOARD Purpose and duties 22-33 Concurrency management 86-1 et seq. Removal 22-31 See:LAND DEVELOPMENT CODE Rules and procedures 22-32 Construction noise 34-154 Term of office 22-29 Fees schedule in general. See: FEES(Ap- Vacancies 22-30 pendia B) Flood damage prevention 90-26 et seq. BUSINESSES See:LAND DEVELOPMENT CODE Occupational license tax 70-66 et seq. Franchise regulations generally.See:FRAN- See:TAXATION CHISES(Appendix A) Solicitors,peddlers and itinerant vendors. 16-26 et seq. Impact fees 2-231 et seq. See: PEDDLERS, CANVASSERS AND See: IMPACT FEES SOLICITORS Land development code regulations re zon- Solid waste 62-1 et seq. ing 110-26 et seq. See:SOLID WASTE See:LAND DEVELOPMENT CODE Local planning agency 58-56 et seq. C See:PLANNINGAND DEVELOPMENT Old building sewers 78-80 CABLE TELEVISION Permits and miscellaneous fees Franchise regulation generally.See:FRAN- Fees schedule in general. See: FEES CHISES(Appendix A) (Appendix B) Plan checking fee CALLINGS Fees schedule in general. See: FEES Occupational license tax 70-66 et seq. Le, (Appendix B) See:TAXATION Supp.No. 10 CDi:5 CAPE CANAVERAL CODE Section Section „......) CAMPING CITY(Cont'd.) Where prohibited 50-4 City's right to restore surface 66-69 Liability of city 66-62 CANALS Subdivisions CITY ATTORNEY Land development code regulations.... 98-1 et seq. Council See:LAND DEVELOPMENT CODE Attendance at meetings 2-127 Duties 2-126 CANVASSERS.See:PEDDLERS,CANVASS- ERS AND SOLICITORS CITY CLERK Duties 2-116 CAPE CANAVERAL.See:CITY CITY COUNCIL CAPITAL EXPANSION PLANS Adult entertainment Impact fee 2-237 Powers of re 10-93 CAPITAL EXPANSION TRUST FUND City attorney Impact fees 2-236 Duties 2-126 City manager CARS.See:MOTOR VEHICLES AND TRAF- Powers and duties 2-101(2) FIC Compensation Established for councilmembers other CAUSES than mayor 2-41 Effect of repeal of ordinances 1-9(b) Mayor,established for 2-42 CEMETERIES Definitions and rules of construction 1-2 Parks and recreation areas 54-1 et seq. Election 2-26 See:PARKS AND RECREATION Library board Reports to 46-32 CERTIFICATES OF OCCUPANCY Mayor Land development code regulations re zon- Compensation established for 2-42 ing 110-26 et seq. Meetings See:LAND DEVELOPMENT CODE Adjournment 2-69 Sewer impact fee requirements 78-125 Adoption of motion 2-67 ''',4) Call to order;quorum;roll call 2-64 CHARTER City attorney to attend 2-127 Definitions and rules of construction 1-2 Consideration of matters before council 2-66 CITY General discussion 2-68 Abandoned property Minutes 2-65 Compliance with notice or order to re- Ordinances and resolutions move; removal by city upon non- Preparation prior to meeting 2-59 compliance 34-184 Parliamentary procedure 2-61 Disposition of property removed by city 34-186 Preparation and notice of agenda 2-60 Notification of owner following removal Presiding officer 2-62 by city 34-185 Regular meetings 2-56 Redemption prior to sale by city 34-187 Sergeant at arms 2-63 Corporate limits Special meetings 2-57 Definitions and rules of construction... 1-2 Workshop meetings 2-58 Definitions and rules of construction 1-2 Ordinances and resolutions Flood damage prevention 90-26 et seq. Preparation prior to meeting 2-59 See:LAND DEVELOPMENT CODE Regular meetings 2-56 Franchise regulations in general. See: Special meetings 2-57 FRANCHISES(Appendix A) Uncontested elections 2-27 Library board Workshop meetings 2-58 Liability of city limited 46-31 CITY ENGINEER Litter Duties 2-151 Waiver of rights by property owner; re- moval at city's costs 34-69 Solid waste Acting city manager 2-102 Authority of city to collect 62-3 Civil emergencies Ownership by city 62-4 Persons authorized to declare 18-2 Street excavations Powers and duties 2-101 Authority of city 66-64 V Supp.No. 10 CDi:6 CODE INDEX L Section Section MOTOR VEHICLES AND TRAFFIC(Cont'd.) NUISANCES Through streets,parking,etc. Abandoned property generally 34-181 et seq. Certain ordinances not affected by Code 1-10(a)(8) See:ABANDONED PROPERTY Travel on other than streets or highways. 74-1 General penalty 1-15(b) Trucks Noise generally 34-151 et seq. Applicability of provisions 74-27 See:NOISE Definitions 74-26 Property maintenance standards 34-91 et seq. Exceptions 74-29 See: PROPERTY MAINTENANCE Parking 74-60 STANDARDS Penalties 74-28 Spill-over lighting 34-206 et seq. Truck loads 34-34 See:LIGHTS AND LIGHTING Truck routes Weeds and vegetation 34-121 et seq. Established 74-30 See: WEEDS AND DEAD VEGETA- Inside origin 74-30(2) TION Maps of truck routes 74-31 Notice to remedy notices 34-123 Outside origin 74-30(1) Public nuisances prohibited 34-122 Signs for truck routes 74-32 Vehicles for hire 80-1 et seq. NUMBERS AND NUMBERING See:VEHICLES FOR HIRE Definitions and rules of construction 1-2 Numbering of buildings and property 82-366 et seq. MOTORBOATS. See: BOATS, DOCKS AND See:LAND DEVELOPMENT CODE WATERWAYS Vehicles for hire 80-76(e) Number of passengers carried 80-79 MUFFLERS Noises,enumeration of prohibited 34-153(6) 0 MUSICAL INSTRUMENTS OATH,AFFIRMATION,SWEAR OR SWORN Noises,enumeration of prohibited 34-153(2) Definitions and rules of construction 1-2 N OBLIGATIONS Certain ordinances not affected by Code 1-10(aX2) NATIONAL FIRE PREVENTION CODE.See: OBNOXIOUS SUBSTANCES FIRE PREVENTION Property maintenance standards 34-91 et seq. NATIONAL ORIGIN DISCRIMINATION See: PROPERTY MAINTENANCE Human rights,discrimination prohibited . 40-28 STANDARDS NATURAL DISASTERS. See: CIVIL EMER- OBSCENITY. See: INDECENCY AND OB- GENCIES SCENITY NATURAL GAS OBSTRUCTIONS Public service tax 70-26 et seq. Signs See:TAXATION Land development code regulations.... 94-1 et seq. See:LAND DEVELOPMENT CODE NOISE Solid waste collection 62-11 Construction noise 34-154 OCCUPANCY Declaration of policy to prohibit noise 34-151 Franchise regulations in general. See: Enumeration of prohibited noises 34-153 FRANCHISES(Appendix A) Land development code regulations re zon- ing 110-26 et seq. OCCUPATIONAL LICENSE TAX. See:TAX- See:LAND DEVELOPMENT CODE ATION Violations and penalties 34-152 OFFENSES NUDITY Abandoned property 34-181 et seq. Adult entertainment See:ABANDONED PROPERTY Exhibit or display of certain anatomical Certain ordinances not affected by Code 1-10(a)(1) areas by employees or patrons pro- Code does not affect prior offenses 1-8 hibited 10-172 Court costs for police education and train- Alcoholic beverage establishments ing 50-3 Nudity on premises where served, con- Effect of repeal of ordinances and offenses sumed or stored 6-27 committed 1-9(b) (iiiiipe Public nudity 50-2 General penalty 1-15 Supp.No. 10 CDi:31 CAPE CANAVERAL CODE Section Section OFFENSES(Cont'd.) OUTDOOR ENTERTAINMENT(Cont'd.) Penalties for specific acts,omissions,viola- Permit tions, etc. See specific subjects as in- Application 10-62 dexed Cash cleanup bond 10-64 Public nudity 50-2 Fee 10-63 State misdemeanor acts adopted,penalties 50-1 Required 10-61 OFFICERS AND EMPLOYEES OWNER Acting city manager 2-102 Definitions and rules of construction 1-2 Animal control officer 14-27 City clerk P Duties 2-116 City engineer PARKING Duties 2-141 General regulations 74-56 et seq. City manager 2-101 et seq. See: MOTOR VEHICLES AND TRAF- See:CITY MANAGER FIC Powers and duties 2-101 PARKS AND RECREATION City treasurer Alcoholic beverages Duties 2-141 Possession and consumption 6-52 Classification Animals Certain ordinances not affected by Code 1-10(a)(14) Prohibited in parks 14-28 Definitions and rules of construction 1-2 Beautification board 2-181 et seq. Delegation of authority See:BEAUTIFICATION BOARD Definitions and rules of construction... 1-2 Boats,vessels regulated 54-46 et seq. Fire chief 38-56, 38-58 See: BOATS, DOCKS AND WATER- Fire department WAYS Compensation 38-56 Concurrency management 86-1 et seq. Joint authority See:LAND DEVELOPMENT CODE Definitions and rules of construction... 1-2 Fees schedule in general. See: FEES(Ap- Police chief 42-26 pendix B) Precinct supervisor 42-26 Glass container prohibited 54-1 Salaries Impact fees generally 2-231 et seq. Certain ordinances not affected by Code 1-10(a)(14) See:IMPACT FEES Sergeant at arms Litter City council 2-63 Throwing in river or other body of water ORDINANCES,RESOLUTIONS,ETC. in parks 34-36 Park hours 54-2 City attorney Recreation board Duties 2-126(4) Duties 54-28 City council Established 54-26 Preparation of ordinances and resolu- Indebtedness 54-29 tions prior to meetings 2-59 Vacation of office 54-27 County animal control ordinance 14-26 et seq. Street excavations 66-61 et seq. See:ANIMALS AND FOWL See: STREETS, SIDEWALKS AND Franchise regulations in general. See: OTHER PUBLIC WAYS FRANCHISES(Appendix A) Vessels regulated 54-46 et seq. Street abandonment,ordinance required . 66-39 See: BOATS, DOCKS AND WATER- OUTDOOR ADVERTISING WAYS Signs Wetlands protection 106-26 et seq. Land development code regulations.... 94-1 et seq. See:LAND DEVELOPMENT CODE See:LAND DEVELOPMENT CODE PARTNERSHIPS Persons; definitions and rules of construc- OUTDOOR ENTERTAINMENT tion extended and applied to 1-2 Compliance with other laws 10-47 Definitions 10-46 PEDDLERS, CANVASSERS AND SOLICI- Exceptions to provisions 10-50 TORS Fees schedule in general. See: FEES(Ap- Definitions 16-26 pendix B) Fraud 16-30 Occupational license required 10-49 Harassment prohibited 16-28 Penalties for violations 10-48 Permission to enter premises required.... 6-27 Supp.No. 10 CDi:32