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HomeMy WebLinkAboutPacket 07-15-2003ity of Cape Canaveral CIL REGULAR MEETING rY HALL ANNEX ue, Cape Canaveral, Florida TUESDAY July 15, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: National Night Out Program for Tuesday Night, August 5th North Ridgewood Avenue Stormwater Project Concept CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 1, 2003. 2. School Resource Officer Agreement with the City of Cocoa Beach. ORDINANCES: Second Public Hearing: 3. Motion to Approve: Ordinance No. 19-2003; Amending Section 110-171 of the City Code, Relating to Special Exceptions for the Sale of Alcoholic Beverages. 4. Motion to Approve: Ordinance No. 20-2003; Amending Section 1-15 of the City Code, Relating to General Penalties. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone (321) 868-1220 • FAX (321) 799-3170 • www.fcn.state.fl.us/cape e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 2 ORDINANCES: First Public Hearing: 5. Motion to Approve: Ordinance No. 03-2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges, for second reading. 6. Motion to Approve: Ordinance No. 18-2003; Repealing Section 50-2 of the City Code and Creating a New Chapter 11; Providing for the Definition of Nudity as Prohibited by the Chapter, for second reading. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Meeting Type: Regular Meeting Date 07-15-03 AGENDA Heading Presentations Item Deputy Meisner will welcome any comments or suggestions. No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION OF NATIONAL NIGHT OUT PROGRAM DEPT./DIVISION: PUBLIC SAFETY Requested Action: Deputy Meisner will present an overview of the program and activities scheduled for Tuesday, August 5`h and is seeking City Council participation with this event. Summary Explanation & Background: Deputy Meisner will welcome any comments or suggestions. Questions and answers with Deputy Meisner. Exhibits Attached: Program outline City Ma Office Department PUBLIC SAFETY cape- m\mydoc en \council\meeting\2003\07-15-03\nightout.doc m C m a c c m F /L� V m r: c, r U M p Z m O � v C L V s m m Ac CL v; E O m o c co c v m W 'v a E i N rn Z N U v OF ps m E «� E O 0- pp - `p L t c t0 C O V t3 m C '�► 3if 8 °- L _c m o m m m m o rn_ m '' ° a. cm Q Q � a o �. W m -- m v, c rn r E c v_ $- E c U c m m i° m i m a a m 0: co a� Q 0 0 0 . • 0 0 0 0 . . 9 . 0 0 0 1 �21 ,6-7 C Meeting Type: Regular Meeting Date 07-15-03 AGENDA Heading Presentations Item The next step in the process will be to hold a town meeting to present this concept to the residents around the No. Questions and answers with John Pekar. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PRESENTATION OF THE N. RIDGEWOOD AVENUE STORMWATER PROJECT CONCEPT DEPT./DIVISION: PUBLIC WORKS Requested Action: John Pekar of Stottler, Stagg & Associates will present this project concept for City Council's review and comments. Summary Explanation & Background: The next step in the process will be to hold a town meeting to present this concept to the residents around the project area, and to seek feedback prior to final design. Questions and answers with John Pekar. Exhibits Attached: Overview and drawings placed in council mailboxes. City g s Office Department PUBLIC WORKS ,r..y.. ua..c.. L'nNcorLcilymeel.lug\LVu3\U/-15-v3\stormwater.doc HARBOR HEIGHTS RETENTION BASIN INTRODUCTION The planned storm water retention basin south of the Harbor Drive cul-de-sac will be constructed entirely within the existing Ridgewood Avenue rights-of-way. The retention basin will collect storm water from an approximate 1.6 acre area and percolate this storm water into the ground. As a part of the drainage designs the existing catch basin (and storm drain outfall) at the Harbor Drive cul-de-sac will be disconnected with storm water directed into the planned retention basin. By collecting this storm water runoff into the retention basin, over 300,000 cubic feet of drainage per year will be prevented from discharging into the Banana River Lagoon. Anticipated benefits associated with this storm water project include: • A reduction in storm water pollutants will be made to the Banana River Lagoon. • Some support in holding back saltwater intrusion will occur. • Added storm water capacity will be made available to existing City storm drain lines downstream. • An excellent precedent will be set for future storm water projects within the City and beachside communities throughout Florida. • The project may be suitable for grant or cost sharing funds through the St. Johns River Water Management District. • Landscaping (which can be added over the years) and potential sitting areas can result in a mini storm water park. • A planned area will enhance City open space in a highly visible beach area. It is proposed that this project will be a design build and upon City notice to proceed with construction, approximately three (3) weeks will be needed to complete. (SEE ATTACHED EXHIBIT'S) Stottler Stagg & Associates July 7, 2003 Architects, Engineers, Planners, Inc. Lsti v jr i WON � '4Y , 3AIU0 U09WH= 1 �1� � � r i 4p��a•! —s ,4 WON � '4Y ?' ; AV XW a *owls WUM "Wab L!lp4esD , 1 �1� � � r i 4p��a•! —s ,4 ?' ; AV XW a *owls WUM "Wab L!lp4esD ` 8 9y i�• �fii sF a. 8 ?' ; AV XW a *owls WUM "Wab L!lp4esD l I� F e %d Wf> Cr 4..c ?' ; AV XW a *owls WUM "Wab L!lp4esD pY, � 3%%1 11 cm 1 11i 1 �� ,ak ill Ile, loli it fill 3MRJO M* GHVH L-4 O L-4 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 1, 2003 7:00 PM MINUTES CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: Council Members Present: Council Member Bob Hoog Council Member Jim Morgan Mayor Pro Tem Buzz Petsos Mayor Rocky Randels Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Assistant Public Works Director Walter Bandish Building Official Todd Morley Mayor Randels stated that he would proceed with the Consent Agenda until Senator Haridopolos's arrival. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 17, 2003. 2. Easement Agreement with Al Praetorius. Parcel No. 24 -37 -26 -CH -00000.0-0021.00 & 0022.00 3 Proclamation for the Brevard Symphony Orchestra's 50th Anniversary. City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 2 Mayor Randels asked if any Council Member, staff or interested party desired to remove an item from the Consent Agenda for discussion. No request was made to remove an item for discussion. A motion was made by Mr. Hoog and seconded by Mr. Treverton to Approve Consent Agenda Items No 1, 2 and 3. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. PRESENTATIONS: State Senator Mike Haridopolos with a Legislative Update Mayor Randels introduced State Senator Mike Haridopolos. Senator Haridopolos said it was honor to serve the City and he was glad for the Council's input. He distributed a summary of legislative issues and he reported a balanced State budget without a tax increase. Mayor Randels commented on the Senator's efficient response to a request. Senator Haridopolos stated that one long-term goal is to identify un -funded mandates at the City and County level. Mayor Pro Tem Petsos expressed concern with fireworks advertising in that fireworks are illegal to use in the State. Mayor Pro Tem Petsos stated that the fireworks are a safety concern as well as an environmental concern. He informed that no sales tax revenue is collected on fireworks sale that also is illegal. He stated that fireworks sale is one of the top five concerns with the Florida League of Cities. Senator Haridopolos replied that he would review the matter saying that the bottom line is that laws should be either enforced or eliminated from the books. Other Council members agreed that fireworks sale is a major concern and further discussion followed. Mayor Randels summarized the highlights of this year's legislative session as: education, health care, environment and the State budget. Mayor Randels reported on the Criminal Justice Bills that passed in the Senate under the guidance of Former Senator Howard Futch. Mr. Gene Petre inquired how the Legislature decided to enforce laws such as the smoking ban at the local level. Senator Haridopolos responded that the voters decided on this ban as a constitutional amendment. The Legislature was merely a regulatory body within the instrument and the Senate would need to maintain an understanding of the difficulty of enforcement. Mr. Frank Kuhns inquired about homeowner's insurance rates. Senator Haridopolos stated that he is aware of excessive increases in homeowner's insurance. Mr. Kuhns expressed that the Insurance Commissioner appeared to not have Chief authority on maintaining rates. Senator Haridopolos stated that he would keep this under review and he said that elected officials have that right to regulate unfair practices. City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 3 Senator Haridopolos replied to a question from the audience regarding removing gambling from the port. He responded that the State is not receiving any taxes from the gambling ships. He also stated that Gaming Commission standards should apply to the gambling ship just as in gaming venues. Senator Haridopolos replied to a question on the cruise ships in that some of the cruise ships do not pay taxes and that also needs to be addressed. Ms. Shannon Roberts commented on a final note how the use of fireworks results in noise pollution. Mayor Randels inquired about the Senator's projections for future State revenue. Senator Haridopolos replied that the economic indicators are rebounding favorably He related that the state of Florida has on its horizon: 1) $1 billion in funding from the federal government, 2) a review of federal highway funding and 3) writing -off estimated sales tax. He stated that he did not see Florida moving away from the existing Sales Tax structure. Florida economics have maintained stability when states with an income tax showed more volatility. Senator Haridopolos informed that during a constricted budget year essential programs were reviewed and he anticipated surplus funds in a rebounding economy. Senator Haridopolos replied to Mr. Treverton's inquiry on the procedure to pass laws and stated that a higher threshold to vote on initiatives to amend the Florida Constitution might assist in the amendment process. CONSIDERATIONS: 3. Motion to Approve: Bid No. 03-04, Stormwater Improvements, Baffle Box Retrofit for International Drive. Mr. Gardulski reported that he received favorable feedback regarding JoBear Warden Company and found that they had performed similar installations in other cities. Mayor Randels acknowledged the efforts of Mr. Frank Sender for the baffle box installation on International Drive. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Stormwater Improvements for the Baffle Box Retrofit for International Drive and Award the Bid to Jobear/Warden Construction, Inc. in the Amount of $76,250. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 5. Motion to Approve: Design/Build Proposal from Brown and Caldwell, Inc. for Wastewater Treatment Facility Improvements. Mayor Randels asked if the projects listed could be performed on a priority basis. Mr. Gardulski responded that the laboratory ventilation system should be addressed first. He stated that through testing the vent was found inadequate and changes were City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 4 required for the hood height. Mr. Ted Hortenstine, of Brown and Caldwell, Inc. explained that the stack needed to exceed the second roof. Mayor Pro Tem Petsos clarified that repair to the system and elevating the stack height is the project's scope. Mr. Boucher responded that the system is not only being replaced but also enhanced and only the enhanced portion cost could be paid with impact fees. Mr. Edwards inquired about the comment that the system was corrosive but not environmentally hazardous. Mr. Ted Hortenstine stated that the Florida Department of Environmental Protection provides threshold standards of exhaust and the stacks were not found excessive. Mr. Leo Nicholas asked if this project was bid out. Mayor Randels replied that the Council decided that on this specific item a design/build plan was more cost effective. Mr. Nicholas expressed favor with using the competitive bid process. Mr. Hortenstine explained that under Competitive Consulting Negotiations Act the company could perform a design/build project with up to a $1 million limit. The design/ build concept allowed for more detailed projects in a cost effective manner. Brown and Caldwell, Inc. has a cooperative agreement with the Haskell Company for design/build projects. Mr. Pete Kingsley of the Haskell Company stated that his firm has been in operation for over 20 years with much experience with design/build concepts. Mayor Randels inquired about the possibility of breaking out the total cost. Council discussed and agreed that the budget workshops would provide a platform to make decisions on subsequent projects. Discussion also followed on refurbishing the chlorine tanks. Mr. Boucher requested to have the representatives from Brown and Caldwell, Inc. and the Haskell Company present during the Budget Workshop meetings. Mayor Randels stated to provide the representatives a specific time for the meetings. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton to Approve the Design/ Build Proposal from Brown and Caldwell for Laboratory Ventilation Improvements in the Amount of $33,460. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. Mr. Gardulski requested to move Item No. 16 to this point in the meeting in order to accommodate the representative from the Landscape firm. Mayor Pro Tem Petsos referred to the campus concept that Stottler, Stagg and Associates proposed for the City Hall and the adjacent facilities. He expressed concern with addressing landscape plans in light of any future changes that would impact newly installed landscaping. Mr. Treverton concurred. Mayor Randels related the results of the Goals meeting in that the Sheriffs Department is proposed for relocation in order to meet its increasing needs and such a change would leave the Annex building available for other uses. Mr. Gardulski stated that continued discussion on the landscaping around City Hall was still foreseeable since it was within the setback. Mr. Morgan requested to proceed with the discussion. City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 5 DISCUSSION: 16. Beautification Board Recommendations for a New City Hall Sign and Paving Stones and Landscaping Around City Hall. Ms. Kathleen Burson, Parterre, Landscape Architects, distributed City Hall sign renderings. She stated that the digital sign could be electronically maintained. Ms. Burson explained the paving concept using stone samples. Ms. Burson also displayed samples of the sign materials. Mayor Randels clarified that the Council could make a decision on the sign. Council members agreed on implementing the digital sign. Ms. Judy Hale questioned what would change in the sign area that would hinder construction and commented on the feasibility of adding too many features such as parking in the same area. Mr. Hoog commented that funds would be wasted on sidewalk construction if changes were made to the City Hall area. Mayor Randels concluded that Council agreed to proceed with the digital sign and not the landscape plan at this time. Mayor Randels requested to move the reading of Resolution No. 2003-26 to this point in the meeting in order to accommodate the representatives from Waste Management Inc. RESOLUTIONS: 14. Motion to Approve: Resolution No. 2003-26; Increasing Garbage Rates. Mayor Randels read Resolution No. 2003-26 by title. A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING A NEW SCHEDULE OF RATES FOR GARBAGE AND TRASH COLLECTION WITHIN THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read the proposed rate increase of 1.28 percent effective August 1, 2003. Mayor Randels responded to Ms. Shannon Roberts question that the increase is .37 cents per yard on dumpster rates. Mayor Randels replied to Mr. Jerry Edwards that the rates for commercial and residential properties differ. Mr. Edwards informed of a home-based business that discards commercial type debris. Mayor Randels stated that the representatives from Waste Management would need to know that address. Mr. Edwards stated that he had already notified Code Enforcement. Ms. Hale asked if trash in a dumpster should be containerized. Mayor Randels replied that dumpsters are not exempt from using containers. Mayor Randels asked Mr. George Geletko what the City could expect from Waste Management, Inc. in the future. Mr. Geletko stated three more routes were added to the overall County route. Also, equipment has been added with the goal of improved service. Mayor Randels informed how both employees on the route switch off driving duties in order to City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 6 maintain consistent service in the absence of any one driver. Ms. Roberts asked if truck oil would be cleaned from the new developments. Mr. Kenny Rivera explained that sediment from the truck could be pressure washed away from the area. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Resolution No. 2003-26; Increasing Garbage Rates. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 6. Motion to Approve: Designation of a Voting Delegate to the Florida League of Cities Annual Conference. Mayor Randels asked if any member of the Council desired to become the voting delegate at this year's Florida League of Cities Annual Conference. Mr. Hoog expressed an interest. Mayor Randels stated that Mr. Hoog could be named the Primary voting delegate and Mayor Pro Tem Petsos named the Alternate. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve a Voting Delegate to the Florida League of Cities Annual Conference Inserting the Names, Bob Hoog as the Primary Voting Delegate and Buzz Petsos as the Alternate Voting Delegate. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Approve: Purchase of a Radar Speed Trailer Utilizing Forfeiture Funds. Mayor Randels explained that Cpl. Dexter Rogers made a recommendation for the Radar Speed Trailer based on its ease of use. Lt. Gary Young responded to Mr. Treverton's question that maintaining the radar calibration for the trailer would be done at the same time as calibration for hand held units. Mr. Morgan expressed that the units are useful speed preventatives. Mayor Randels noted that the unit is portable and a hand held unit can be used as a replacement. Mr. Petre asked if the unit could detect motorized scooters? Lt. Young stated that the scooters are below 5 break horsepower and are not considered motor vehicles. However, citations could be issued for reckless use. Mr. Edwards inquired about radar enforcement and asked if an officer must be present to issue a citation or could a citation be issued after a speeder has left the scene. Lt. Young replied that the unit is geared more toward public awareness of traveling speeds and no technology is available at this time to ascertain drivers. A motion was made by Mr. Morgan and seconded by Mr. Treverton to Approve the Purchase of a Radar Speed Trailer Utilizing Forfeiture Funds in the Amount of $11,985. The vote on the motion carried 5-0 with voting as City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 7 follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: Second Public Hearing: 8. Motion to Adopt: Ordinance No. 12-2003; Establishing Uniform Board Requirements for the Operation of City Boards. Mayor Randels read Ordinance No. 12-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL CODE OF ORDINANCES, RELATING TO UNIFORM PROCEDURES REGARDING THE OPERATION OF CITY BOARDS AND COMMITTEES; PROVIDING FOR A PURPOSE AND INTENT; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS OF MEMBERS; PROVIDING FOR THE APPOINTMENT AND REMOVAL OF MEMBERS; PROVIDING FOR A TERM; PROVIDING FOR TERMINATION DUE TO ABSENCES; PROVIDING FOR ELECTION OF A CHAIRPERSON; PROVIDING FOR THE APPOINTMENT OF ALTERNATE MEMBERS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels noted that the City Attorney made the changes to stagger the terms for the existing Board members in paragraph (f). Mr. Lars Holfve referred to Section C (3) and said that this provision calls for a unanimous vote and he said that a majority vote should suffice to waive the residency requirement. Mr. Holfve also referred to a qualified applicant that could be reasonably found. He said that the term "reasonably" could be challenged. Attorney Garganese replied to a question regarding the absence of the Code Enforcement Board from the Ordinance in that the Code Enforcement Board is under Florida Statutes Chapter 162. Mr. Nicholas inquired if the absence of a Board from the ordinance meant that this ordinance did not apply to that Board. Attorney Garganese stated that the application and interview process provisions do apply to the Code Enforcement Board except where the Florida Statutes establish and set forth the procedures of the Code Enforcement Board members. To the extent that State or Federal law does not pre-empt the City's authority then the City ordinance prevails. Ms. Shannon Roberts inquired about the total number of Board members. She was provided a Board member list. Mayor Randels referred to Mr. Holfve's concern with the term reasonably found. Mr. Treverton replied that the provision gives the Council extensive latitude in searching for Board applicants. Ms. Hale inquired about voting for a Chair and Vice -Chair stating that this would be done in January however a vote was recently done. Attorney Garganese affirmed that in January a vote for Chair and Vice -Chair would take place for all Boards. City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 8 A motion was made by Mr. Morgan and seconded by Mr. Hoog to Adopt Ordinance No. 12-2003; Establishing Uniform Board Requirements for the Operation of City Boards. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 9. Motion to Adopt: Ordinance No. 17-2003; Repealing Code Section 58-35, Relating to the City's Master Plan. Mayor Randels read Ordinance No. 17-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 58-35 OF THE CITY CODE TO BE CONSISTENT WITH FLORIDA LAW; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. There was no public comment. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 17-2003; Repealing Code Section 58-35, Relating to the City's Master Plan. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 10. Motion to Approve: Ordinance No. 03-2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges, for second reading. Mayor Randels read Ordinance No. 03-2003 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES, RELATING TO REQUIRED LANDSCAPING AND VISUAL SCREENING; PROVIDING FOR HEIGHT, DENSITY AND PLACEMENT OF VISUAL SCREENING, SUCH AS FENCING, WALLS AND HEDGES; PROVIDING FOR REQUIRED VISUAL SCREENING BETWEEN COMMERCIAL OR INDUSTRIAL AND RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INTERIOR LANDSCAPING FOR OFF-STREET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 9 A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Ordinance No. 03-2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges for discussion. Mayor Randels stated that hedge height is not an item under discussion unless said hedge is in within 25 -feet of an intersection. Ms. Bea McNeely, Planning and Zoning Board Chairperson explained the amendments to Paragraph (a) (3). Mr. Treverton asked the City Attorney how a hedge could have intent. Ms. McNeely replied that a hedge is not a barrier. Mr. Hoog stated that the City code defines that a hedge could become a barrier. He stated that a shrub when pruned at the crown could become a hedge boundary or a barrier. Ms. McNeely stated that landscaping could be grown to create vegetative barriers. Mr. Hoog referred to Fairvilla's proposed landscaping between commercial and residential property. He expressed disfavor with vegetative buffering such as that on Central Blvd. Mr. Edwards related that screening between multi -family units creates privacy and finds regulation in the residential area intrusive. He stated appreciation for screening between residential and commercial. Mayor Randels requested that the Council review this ordinance prior to another reading. A motion was made by Mayor Randels and seconded by Mr. Morgan to Table Ordinance No. 03-2003 until the next regularly scheduled City Council meeting. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 11. Motion to Approve: Ordinance No. 18-2003; Repealing Section 50-2 of the City Code and Creating a New Chapter 11; Providing for the Definition of Nudity as Prohibited by the Chapter, for second reading. Mayor Randels read Ordinance No. 18-2003 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO BE KNOWN AS THE "CITY OF CAPE CANAVERAL PUBLIC DECENCY CODE"; REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; CREATING A NEW CHAPTER 11, STATING THE INTENT OF THE CHAPTER, PROVIDING FOR THE DEFINITION OF NUDITY AS PROHIBITED BY THE CHAPTER AND PROVIDING FOR OTHER DEFINITIONS, PROVIDING FOR LEGISLATIVE FINDINGS, PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF IN PUBLIC PLACES, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF CHAPTER 11; PROVIDING CONFORMING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE; AND PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY AND EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve Ordinance No. 18-2003; Repealing Section 50-2 of the City Code and Creating a City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 10 New Chapter 11; Providing for the Definition of Nudity as Prohibited by the Chapter for Discussion. Mr. Gene Petre asked what initiated the amendment to this code? Mayor Randels replied that the need to amend was found during the Code Review Workshops. Attorney Garganese stated that the Supreme Court handed down two landmark decisions in 1993 and 2002 and the City's current Code standards would not comply with those decisions. The ordinance more specifically defines public places and anatomy that bring the ordinance in compliance with U.S. Constitution. Mayor Pro Tem Petsos inquired how this would affect what is required attire on the beach. Further discussion followed. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to extend the meeting until 10:15 P.M. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. A motion was made by Mr. Morgan and seconded by Mr. Treveton to table Ordinance No. 18-2003 until the next regularly scheduled City Council meeting. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 12. Motion to Approve: Ordinance No. 19-2003; Amending Section 110-171 of the City Code, Relating to Special Exceptions for the Sale of Alcoholic Beverages, for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE, RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mayor Randels read Ordinance No. 19-2003 by title. Mayor Randels explained that the burden of proof was placed on the applicant of a special exception to provide an affidavit to prove that 51 percent of gross sales were from restaurant sales. Attorney Garganese explained that 51 percent of food sales were necessary due to the 300 -foot radius from a church or school. Ms. Bowers stated that the ordinance formally establishes a mechanism of enforcement for compliance with the special exception requirement. Mr. Petre asked if the provision is City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 11 reciprocal to disallow establishing a church if a church should come within the distance of the alcoholic beverage establishment. Attorney Garganese affirmed. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Approve Ordinance No. 19-2003 for second reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 13. Motion to Approve: Ordinance No. 20-2003; Amending Section 1-15 of the City Code, Relating to General Penalties, for second reading. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 1-15 OF THE CAPE CANAVERAL CODE, RELATING TO GENERAL PENALTIES; PROVIDING FOR THE CITY, AS A PREVAILING PARTY, TO RECOVER ITS REASONABLE ATTORNEY FEES AND COSTS IN ANY LEGAL OR EQUITABLE CAUSE OF ACTION BROUGHT TO ENFORCE ANY PROVISION OF THE CAPE CANAVERAL CODE; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Mr. Tom Graboski asked if the ordinance were reciprocal on the plaintiff. Attorney Garganese replied that the provision is not reciprocal. The provision only prevails if the City enacts litigation to enforce the City codes. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Ordinance No. 20-2003; Amending Section 1-15 of the City Code, Relating to General Penalties for second Reading. The vote on the motion carried 5-0 with voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. RESOLUTIONS: 15. Motion to Approve: Resolution No. 2003-27; Providing for a Six -Month Extension of the Evaluation Period for Commercial Sewer Rates. Mayor Randels stated that in January of 2003 the Council decided to review commercial sewer rates that are impacted with a 435% rate increase with each City of Cocoa water rate increase. Mr. Boucher said that he received a quote from a firm that implements a rate model to study cost analysis. Ms. Bowers stated that the proposed analysis would include data from the previous study done by Burton and Associates. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve Resolution No. 2003-27; Providing for a Six -Month Extension of the Evaluation Period for Commercial Sewer Rates. The vote on the motion carried 5-0 with City of Cape Canaveral, Florida City Council Regular Meeting July 1, 2003 Page 12 voting as follows: Mr. Hoog, For; Mr. Morgan, For; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. REPORTS: 1. City Manager • Mr. Boucher announced that the First Budget workshop is scheduled for JUly 10th at 5:30 P.M. 2. Staff • No reports. 3. City Council • No reports. AUDIENCE TO BE HEARD: • Mr. John Allen commented on Ocean Estates and stated that he planned to remove only one parking space. Council members agreed by majority with Mr. Allen's concept. Attorney Garganese stated for the record that the Planning and Zoning Board has the final approval on the site plan. • Mr. Jerry Edwards questioned for clarification that the parking spaces are on the north side of the street. • Mr. Gene Petre asked if City administration had the intent to address the taxpayers in order to relocate the Sheriff's office. Mr. Boucher stated that further discussion would follow and include the Port in the funding plans. • Mr. Edwards asked if another row of sand fencing would be installed on the beach dunes. Mr. Gardulski replied that it could be done at Council's authorization. ADJOURNMENT: There being no further business, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date: 07-15-03 AGENDA Heading Consent Item 2 No. Officer. The language in the agreement is the same as last year. This program will be funded with forfeiture funds. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: SCHOOL RESOURCE OFFICER AGREEMENT WITH THE CITY OF COCOA BEACH DEPT./DIVISION: PUBLIC SAFETY Requested Action: City Council consider approval of the annual School Resource Officer Agreement with the City of Cocoa Beach in the amount of $3,092.00 for the 2003-2004 school year. Summary Explanation & Background: The City of Cape Canaveral will contribute $3,092.00 or 17.51 % of the Cocoa Beach Jr/Sr High School Resource Officer. The language in the agreement is the same as last year. This program will be funded with forfeiture funds. I recommend approval. Exhibits Attached: SRO Agreement Office Department PUBLIC SAFETY e0tymana AGREEMENT THIS AGREEMENT, dated this day of , 2003, by and between THE CITY of CAPE CANAVERAL, hereinafter called CAPE CANAVERAL and the CITY of COCOA BEACH, hereinafter called COCOA BEACH. WITNESSETH: WHEREAS, the Brevard County School Board has implemented the School Resource Officer Program, and; WHEREAS, the School Board shares the cost of implementing the program with the Municipalities of Brevard County, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL determine that the School Resource Officer Program is in the best interest of the school system and both communities, and; WHEREAS, COCOA BEACH and CAPE CANAVERAL desire to share the cost of the School Resource Officer Program incurred by the municipalities on the campus of Cocoa Beach Junior/Senior High School; and whereas the program would cover a period of not more than 190 school year days, and; NOW, THEREFORE, for good and valuable consideration CAPE CANAVERAL and COCOA BEACH agree that the following terms, stipulations and covenants as outlined herein and, by reference, made part hereof, shall govern the responsibilities of each party. 1. The agreement will commence on July 31, 2003 and will terminate on May 27, 2004, unless further continued by mutual agreement of both parties. By April 8, 2004 CAPE CANAVERAL and COCOA BEACH will open discussions regarding renewal for the 2004-2005 school year. 2. CAPE CANAVERAL agrees to provide seventeen and fifty-one hundredths percent (17.51°/x) of the municipalities share of the School Resource Officer's salary, benefits, equipment, uniforms, and overtime during the term of this agreement. Per the agreement between COCOA BEACH and the BREVARD COUNTY SCHOOL BOARD, the municipalities pay fifty percent (50%) of the School Resource Officer cost. For the contract period of July 31, 2003 through May 27, 2004, payment will be $3,092.00 as outlined in exhibit III. Payment shall be made to COCOA BEACH in two equal installments of $1,546.00 according to the following schedule: February 7, 2004, and June 6, 2004, subject to prorating based on the date of implementation. 3. CAPE CANAVERAL has designated City Mayor Rocky Randels and COCOA BEACH has designated the Cocoa Beach Chief of Police for the purpose of implementing the terms of this agreement. 4. CAPE CANAVERAL and COCOA BEACH agree to the goals and guidelines stipulated in the Exhibits I and II, which are attached hereto and, by reference, made part hereof. To the extent permitted by Florida Statute 768.28, CAPE CANAVERAL and COCOA BEACH agree to indemnify and hold each other harmless and free from liability, including the officers, agents or employees of said parties while acting as such, from all claims, damages, injuries, fines, and costs, including expenses and attorney's fees which either party may become obligated to pay resulting from or in any way connected to errors or acts or omissions of employees of either party's performance relative to the terms of this agreement. 6. COCOA BEACH shall not assign or transfer this agreement to any other agency without the prior written permission of CAPE CANAVERAL. 7. Any changes in the terms and conditions set forth in this agreement must be mutually agreed to by both CAPE CANAVERAL and COCOA BEACH and may be implemented only after this agreement has been amended in writing. 8. The parties understand and agree that while the School Resource Officer is rendering services provided for by this agreement, he/she remains an employee of COCOA BEACH. 9. The parties understand and agree that the School Resource Officer will comply with police policy/procedure and regulations when in uniform. The SRO is required to be in uniform to execute all duties as required by the school unless otherwise agreed upon by the school principal and the Cocoa Beach Chief of Police. 10. If any of the terms or provisions hereof are in conflict with any applicable statute or rule of law, then such provision shall be deemed inoperative to the extent that it may conflict therewith and shall be deemed to be modified to conform with such statute or rule of law. 11. A report of the School Resource Officer activity will be provided to CAPE CANAVERAL on a calendar quarterly basis. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their duly authorized officers and agents the day and year first written above. THE CABilli COA ACH, FLORIDA By: Charl rty Manager ATTEST: B: = -a u Lorgddana Kalaghchy, C' lerl Appro s to fo0rm al si Bv: F r & O' Quinn, City Attorne ATTACHMENTS: THE CITY OF CAPE CANAVERAL, FLORIDA By: Bennett Boucher, City Manager ATTEST: By: Susan Stills, City Clerk Exhibit I- Goals of SRO Program Exhibit II- Guidelines of SRO Program Exhibit III- Cost of SRO Program EXHIBIT I SCHOOL RESOURCE OFFICER PROGRAM GOALS 1. To identify and prevent, through counseling and referral, delinquent behavior, including substance abuse. 2. To foster a better understanding of the law enforcement function. 3. To develop positive concepts of law enforcement. 4. To develop a better appreciation of citizen rights, obligations, and responsibilities. 5. To provide information about crime prevention. 6. To provide assistance and support for crime victims identified within the school setting, including abused children. 7. To promote positive relations between students and law enforcement officers. 8. To enhance knowledge of the fundamental concepts and structure of the law. 9. To provide materials and consultative assistance to teachers and parents on various law education topics. 10. To evaluate program effectiveness, the Chief of Police, SRO, and the Principal will define quantitative and qualitative measurements for each of the nine (9) goals listed prior to the first day students arrive. Program evaluation will occur twice during the school year with a final report prepared on or before the last day of school for students. The evaluation will be based upon input from the principal and school staff, as well as the SRO's chain of command. EXHIBIT II SCHOOL RESOURCE OFFICER PROGRAM GUIDELINES BREVARD COUNTY SCHOOL SYSTEM 1. The school resource officer (SRO) is a City of Cocoa Beach police officer, responsive to the Chief of Police's chain of command and shall remain an employee of the City of Cocoa Beach. They shall -report to the school Principal daily and the Principal shall have input in their evaluation. 2. The SRO shall be interviewed by a committee in which the Principal or their designee is a participant. The final selection is by the Chief of Police with mutual consideration on the part of the Principal. 3. The determination as to when the SRO will wear their uniform shall be defined by the Chief of Police and the Principal. 4. The Principal has the authority to request the reassignment of the school resource officer from their duties at school. The SRO may be reassigned from their position at their assigned school after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The Principal will recommend to the Area Superintendent that the SRO be removed from the program at their school, stating the reasons for the recommendation in writing. A copy of that recommendation must be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the recommendation to remove an SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any problem that may exist between the SRO and the staff at their assigned school. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the problem cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then the SRO will be reassigned from the program at that school and a replacement will be selected. Page Two (2) SRO Guidelines C. The Principal or any other school board employee shall report all allegations of improper conduct to the SRO's immediate supervisor or to the Internal Affairs function. School Board employees shall not conduct an internal investigation of alleged improper conduct on the part of the SRO. However, the Principal may request reassignment during that investigation. 5. The SRO has the authority to request review of contract provisions after reasonable review and conferencing between the SRO and the Principal has occurred. The following procedures must be followed: A. The SRO will request that a review of the contract provisions be completed stating the reasons for the request in writing. That request should be directed to the SRO's immediate supervisor and the Principal. A copy of that request must also be provided to the Superintendent and the Chief of Police. B. Within a reasonable period of time after receiving the request for review from the SRO, the Superintendent, or designee, will meet with the Chief, or his designee to mediate or resolve any contract provision concerns that may exist between the SRO and the staff at their assigned school. 1. With the agreement of the Superintendent and the Chief, or their designees, the SRO, or specified members of the staff from the school, may be required to be present at the mediation meeting. 2. If, within a reasonable amount of time after commencement of mediation, the contract provision concerns cannot be resolved or mediated, in the opinion of both the Superintendent and Chief, or their designees, then an alternative action will be taken. 6. It shall be the responsibility of the City of Cocoa Beach to provide all salary payments and benefits of the agency to the SRO. The School Board shall reimburse the City for salary and fringe based upon the amount stipulated in the agreement. If a substitute officer is required, the School Board shall reimburse the city for actual cost for that substitute officer consistent with the agreement. 7. The SRO's normal work year shall be the same as the normal teacher work year with an additional alternative for five days of planning prior to the teacher work year and five days of critique and review following the teacher work year. 8. A formal written plan of action with regard to the community policing philosophies will be presented and discussed with the Principal, Chief of Police, SRO and other appropriate personnel prior to the first day students arrive. This plan must include duties for the five days prior and five days after teachers are on campus if that alternative option is selected, as well as the number of hours that the SRO will provide in classroom instruction. Page Three (3) SRO Guidelines 9. The SRO, Principals, Area Superintendents, and Chief of Police will meet to review the plan of action and provide summary evaluation concerning the SRO's progress not less than one time per semester. Additional meetings may be requested by the Principal or the SRO to review the progress of the plan of action. 10. The SRO shall be assigned specifically to the school, five days per week during the school year. Unless it's an extreme emergency, the SRO will not be called away from school by the law enforcement agency. If the SRO is called away from the school for a substantial portion of the school day,_the SRO shall notify the Principal and provide the Principal with an alternative means of contacting the appropriate law enforcement agency. If the SRO is called away from the school for more than a school day, the city should make every reasonable effort to provide a substitute officer. 11. The SRO may be assigned to provide supplemental instructions at the discretion of the Principal, as qualified. The Attorney General's (SRO training) philosophy with regard to in - class SRO presentations will be used as a guide. 12. At the request of the Principal, the SRO may train school personnel in interview techniques, investigation skills and related matters. It is preferred that the school resource officer make parent contact prior to participating in a student disciplinary meeting. The SRO may engage a student for the purpose of completing a Referral Form. 13. The SRO may be assigned by the Principal to supervisory duties during or after regular school hours so long as they do not conflict with police department policy or the bargaining agreement between the city and police officers. These after school activities will be under the supervision of school personnel. The School Board will be responsible for 50% of all overtime expenditures directly related to the daily activities of the SRO, not to exceed the budgeted amount contracted between the Brevard County School Board and the employing agency. [This does not include activities such as football games, basketball games, and school dances for which a separate contract of service is required.] 14. If the SRO witnesses an unacceptable activity on campus, they will report the incident to the school administration and police department. Both police and school administrative procedures shall be followed. In the event they conflict, police procedure shall prevail. The SRO shall avoid making arrests on school grounds unless under exigent circumstances. If arrest is necessary, the SRO will be called to execute proper police procedure. The SRO should coordinate arrest and other operational strategies with the Principal if at all possible. 15. The Principal, with the concurrence of the law enforcement agency, may assign the SRO to sponsor extracurricular events and chaperone field trips or other school activities so long as these assignments do not result in non -approved overtime expenses charged to the police department. Page Four (4) SRO Guidelines 16. The SRO will integrate with students in the following ways: between class breaks and during lunch periods, and will patrol neighborhood areas after school if necessary. 17. The SRO is encouraged to attend parent, faculty, and staff meetings, as staff support personnel, to solicit their support and understanding of the program. 18. The SRO should be familiar with all community agencies which offer assistance to delinquent youths, such as: mental health clinics, drug treatment centers, etc., making referrals when necessary and acting as a resource person to the Principal. 19. At the request of the Principal or other school staff, the SRO shall take appropriate action against individual trespassers who appear at school and at school related functions. 20. Should it become necessary to conduct formal police interviews with students, law enforcement policy will be followed, parents shall be notified and coordination made with the Principal. 21. The SRO shall submit bi-monthly reports of their activities to be reviewed by the Principal and the SRO command staff which shall include all overtime activities [including hours] as approved by the Principal. 22. At any time during the school year when students are not in school, or at the conclusion of the contract period, the SRO shall be assigned other duties by the Chief of Police. 23. The SRO shall comply with the provisions specified in Section Florida Statute 230.2318 (School Resource Officer Program) EXHIBIT III Page 1 Officer Salary - Cost Projection OFFICER SALARY - 2003/2004 COST PROJECTION Officer Ellie Caruso Annual Regular Salary @ 14.88 hr Holiday Pay @ 88 hrs * hrly wage Uniform Allowance Life Insurance @ fixed rate Medicare @ 1.45% - Pension - Police @ 26.90% Social Security @ 6.2% Workers Compensation @ 7.68% TOTAL COMPENSATION (Hourly wage based on 2080 hours) (includes projected 4% increase) $22.12 Cost of SRO for 190 Days (190 Days * 8 hrs * 22.12) Overtime (5% of 190 days = 76 hrs OT ) TOTAL COST FOR SCHOOL YEAR MUNICIPALITIES FUNDING* City of Cocoa Beach City of Cape Canaveral SCHOOL BOARD FUNDING (50% of Total Cost for 190 Days) Total Cost for School Year (% of 1/2 Total Cost for School Year) (% of 1/2 Total Cost for School Year) $30,955 $1,310 $300 $62 $472 $8,760 $1,652 $2,501 $46,012 $33,624 $1,697 $35,321 82.49% $14,568 17.51% $3,092 $17,660 $35,321 *The Municipal cost sharing is based on total student population of 1382 students as of 4/15/03 per Cocoa Beach High School. The number of students residing in the City of Cape Canaveral, FL. is 242 or 17.51 %. 5/20/2003 SRO cost w formula EXHIBIT III Page 2 Officer Salary - Cost Projection School Resource Officer Program 2003104 - Brevard County Wages & Benefits - Officer Ellie Caruso $14.88 Hourly based on proposed $22.32 OT rate FY04 4% increase Regular Salary $30,955 Holiday Pay @ 88 hrs * hrly wage $1,310 Uniform Allowance $300 Life Insurance @ fixed rate $62 Medicare @ 1.45% $472 Pension - Police @ 26.90% $8,760 Social Security @ 6.2% $1,652 Workers Compensation @ 7.68% $2,501 Total Expense $46,012 Hourly total $22 Daily Total $177 Overtime @ 5% of 190 days * 8 hrs $1,697 Overtime Hours @ 5% of 190 days 76 hours Salary for 190 days $33,624 Brevard County Overtime Cost $848 Cocoa Beach Overtime Cost $848 Total Salary + OT $35,321 Brevard County 1/2 of Total Salary $16,812 Cocoa Beach 1/2 of Total Salary $16,812 Brevard County Total Cost w/ OT $17,660 Cocoa Beach Total Cost w/ OT $17,660 5/20/2003 SRO cost w formula Meeting Type: Regular Meeting Date 07-15-03 AGENDA Heading Ordinance -2 ad Hearing Item 3 No. beverages. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 19-2003, AMENDING SECTION 110-171 RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES DEPT./DIVISION: P&Z/GROWTH MANAGEMENT Requested Action: City Council consider adoption of Ordinance No. 19-2003 relating to special exceptions for the sale of alcoholic beverages as recommended by the Planning & Zoning Board. Summary Explanation &'Background: This proposed ordinance creates a reciprocal 300 -foot distance requirement for a church, school or playground from any existing establishment which dispenses, sells, serves, stores or permits the on -premises consumption of alcoholic beverages. Establishes conditions for a restaurant and conditions for the suspension or revoking of an alcoholic beverage special exception. The Planning & Zoning Board recommended this ordinance at their 06-11-03 meeting. The city treasurer and I recommend approval. Exhibits Attached: P&Z memo dated 06-23-03; Ordinance No. 19-2003 City Man Office ,.�, Department P&Z/GROWTH MGMT ca kim\myd t—&5 in\council\meeting\2003\07-15-03\19-2003.doc OF Date: June 23, 2003 City of Cape Canaveral To: Bennett Boucher, City Manager Susan Stills, City Clerk V' From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Amending Seciton 110-171, Establishments Serving Alcoholic Beverages ------------------------------------------------------------------------------------------------------------ The Planning & Zoning Board reviewed the above referenced proposed ordinance at the meeting held on June 11, 2003 and unanimously recommended approval to City Council. Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 www.myflorida.com/cape • email: ccapecanaveral@cfl.rr.com BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Lazy Usher L. Brown Suzanne D'Agresta° Anthony A. Garganese° Gary S. Salzman* John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer °Board Certified City, County & Local Government Law Via Hand Delivery Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Offices in Orlando, Kissimmee, Cocoa & Viera June 19, 2003 Re: Alcohol Special Exceptions - Ordinance 19-2003 City of Cape Canaveral - General File No. 513-001 Dear Bennett: Debra S. Babb-Nutcher Jeffrey P. Buak John U. Biedenharn, Jr. Joseph E. Blitch Michelle H. Brett Douglas Lambert Jennifer A. Michael Michelle A. Reddin Vincent E. Scarlatos Erin J. O'Leary Of Counsel Enclosed is the revised ordinance regarding alcohol special exceptions, Ordinance 19-2003. Paragraph (b) under Section 110-171 has been added and revised in its entirety. Please schedule this ordinance for first reading at the next City Council meeting. If you have any questions, please call. Ve tru ours, Anthony A. Garganese City Attorney AAG:jf Enclosures Ordinance 19-2003 225 East Robinson Street, Suite 660 - P.O. Box 2873 -Orlando, Florida 32802-2873 Orlando (407) 425-9566 Fax (407) 425-9596 - Kissimmee (321) 402-0144 - Cocoa & Viera (866) 425-9566 Website: www.oriandolaw.net - Email: firm@orlandolaw.net ORDINANCE NO. 19-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 110-171 OF THE CITY CODE, RELATING TO SPECIAL EXCEPTIONS FOR THE SALE OF ALCOHOLIC BEVERAGES; PROVIDING FOR THE CLARIFICATION OF CODE REQUIREMENTS; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Section 562.45, Florida Statutes, expressly permits a municipality to enact ordinances regulating alcoholic beverage establishments; and WHEREAS, the City desires to clarify and correct the requirements for obtaining and maintaining a special exception for the sale and consumption of alcoholic beverages; and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Section 110-171 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 110-171. It is intended that the text in Sections 110-171 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). City of Cape Canaveral Ordinance No. 19-2003 Page 1 of 5 Section 110-171. Establishments serving Alcoholic beverages. (a) Establishments which shall require a special exception under this chapter by the board of adjustment are those, whether or not licensed by the state department of business and professional regulation, division of alcoholic beverages and tobacco, which dispense, sell, serve, store or permit consumption on the premises of alcoholic beverages. In consideration of a special exception application, the board of adjustment shall not approve the application unless it is totally consistent with all the conditions as set forth in this subsection and also the following: (1) The establishment shall not be permitted to locate within 300 feet of any existing church, schoolgrounds or playgrounds nor shall a church school or playground be permitted to locate within 300 feet of any existing establishment which dispenses sells, serves, stores or permits the on -premises consumption of alcoholic beverages. Measurement shall be made from the main entrance of the establishment to the closest lot line of the church, schoolgrounds or playgrounds by following the shortest route to ordinary pedestrian travel along the public thoroughfare, street or road. (2) The establishment, pander if licensed by the state division of alcoholic beverages and tobacco to permitting on -premises consumption of beverages, shall not be located within 2,000 feet of another licensed establishment. The specific distance shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. Further, the establishment shall be in compliance with the Florida Beverage Laws (Chs. 561 through 568, Fla. Stat.). Provided, however, exceptions to this subsection 110-171(a)(2) are: a. Restaurants seating 200 or more persons. b. Hotels and motels with 50 or more guestrooms. C. Restaurants licensed by the state division of alcoholic beverages and tobacco for malt beverages only or malt beverages and wine only, provided the following are complied with: The establishment shall have the capacity for and have in existence at least 25 seats for the serving of meals. No area within the establishment may be specifically designed for a bar or lounge operation. City of Cape Canaveral Ordinance No. 19-2003 Page 2 of 5 2. Consumption of food and malt beverages or wine shall be on - premises only; however, food carryout without the alcoholic beverages may be permitted. 3. A restaurant licensed under this exception shall not derive less than 51 percent of its gross income from the sale of nonalcoholic beverages and food prepared, sold and consumed on the premises. The obligation to sell 51 percent food and nonalcoholic beverages is a continuing obligation. It is a violation of this zoning code to sell wine and malt beverages granted under this exception unless the restaurant has derived at least 51 percent of its gross income from the sale of food and nonalcoholic beverages. Such percentage shall be determined by calculating the average monthly gross revenue from the sale of food and nonalcoholic beverages for the immediately previous 12 -month period. The ovnier of the restatnant shall stibmit .- ed affidavit attesting to the compliance of the required percentage. Stich affidavit shall be binding upon the owner of the rest= In acknowledgment of this continuing obligation and as a condition precedent to the issuance of a special exception the owner of the restaurant shall execute and deliver to the city an affidavit and agreement upon forms approved and provided by the city, which will attest and covenant to the owner's compliance with the provisions of this subsection 110-171(a)(2)c.3. The owner shall also retain cash register receipts, guest checks and ledgers which may be reviewed at the request of the city to determine compliance. Failure to provide records requested shall be grounds for revocation of its the special exception granted under this section. Any subsequent purchaser, assignee or transferee will be required to execute and deliver to the city an affidavit and agreement as provided above, in order to maintain the special exce tip on upon the property provided by this section. The restaurant, if advertised, shall be advertised and held out to the public to be a place where meals are prepared and served. (b) The special exception may be s*ect to cancellation by the board of adjustment if the b, finds that fite establisinnent has been detrimental to the health, safety, welfare mid morals o the public and that all laws pertaining to the establishment's operation have not be= complied w Any special exception granted under this section may be temporarily City of Cape Canaveral Ordinance No. 19-2003 Page 3 of 5 suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: �1 The establishment has obtained the special exception upon false statements fraud deceit, misleading statements, or suppression of material facts-, (2) The establishment has committed substantial violations of the terms and conditions on which the special exception was granted,• The establishment no Ionizer meets the requirements of this section or the Florida Beverage Code, or The management of the establishment knowingly allowed illegal activities to be conducted on the premises including but not limited to possession or sale of illegal substances, racketeering, prostitution, lewd and lascivious behavior, and unlawful ambling_ Prior to any special exception being revoked the establishment shall be provided with minimum due process including notice of the grounds for revocation and hearing date an opportunity to be heard, the right to present evidence and the riWit to cross examine adverse witnesses. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance No. 19-2003 Page 4 of 5 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Alcohol_Spec_Except.wpd Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 19-2003 Page 5 of 5 Against Meeting Type: Regular Meeting Date 07-15-03 AGENDA Heading Ordinance -2nd Hearing Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 20-2003, AMENDING CODE SECTION 1-15, PROVIDING FOR THE RECOVERY OF ATTORNEYS FEES AND COSTS DEPT./DIVISION: LEGISLATIVE Requested Action: Cit Council consider adoption of Ordinance No. 20-2003, providing for the recovery of attorneys fees and costs in a prevailing legal or equitable cause of action brought to enforce any provision of the City of Cape Canaveral Code. Summary Explanation & Background: This proposed ordinance is a result of a recent code review workshop. I recommend approval. Exhibits Attached: City attorney's memo of 06-20-03; Ordinance no. 20-2003 City MaWWfr-9 Office Department LEGISLATIVE c-nt\kim\m do s a in council\meeting\2003\07-15-03\20-2003.doc Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Jun -20-03 12:20PM; Page 2/5 BROWN, SALZMAN, WEISS & GARGANESE, P.A. AtifflW ys at Lam Usher L.Own ' Susamw D'AWeata" Anthony A. GWVor W Gary S. salm►an- John H. Ward' Je0ey S. Weiss *Board CertNNd CIvN Trial Lawyer 'Board CertMW Business Litipaion Lawyer " 110 and rertlOw city, County b Local Gownment Law Via Facsimile Only Offices in Orlando, Kissimawc, Debra S. Ba"ue:lrer Cocoa & Vias Janney P. Buak John U. Siodenharn, Jr. Joseph E. Bitch Whelle H. Brett Dotson Lambert Jennifer A. Michael M "le A. Redoln Vincent E. Soarlatm June 20, 2003 Erin J. O'Lcwy Of Counsel Bennett Boucher, City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Fl_ 32920 Re: Amendment to Section 1.15, City Code -Ordinance 20-2003 City of Cape Consveroll - General File No. 513-001 Dear Bennett: Enclosed is a new Ordinance 20-2003, amending Section 1-15 of the City Code per City Council's direction from a prior Code workshop. Please schedule this ordinance for first reading at the next City Council meeting. If you have any questions, please call. v y yours, __ Anthony A. Garganese City Attorney AAG:jf Enclosure Ordinance 20-2003 225 East Robinson Street, Suite 000 - P.O. Do 2973.Orlando, Florida 32802.2073 Orlando (407) 4259500 Fear (407) 426 -ON - K116 nN (321) 402.0144 • Cocoa & Visa (866) 425-9500 Website: www,orlarMolaw.net - Email: firmQorisndolewv.net ORDINANCE NO. 20-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING SECTION 1-15 OF THE CAPE CANAVERAL CODE, RELATING TO GENERAL PENALTIES; PROVIDING FOR THE CITY, AS A PREVAILING PARTY, TO RECOVER ITS REASONABLE ATTORNEY FEES AND COSTS IN ANY LEGAL OR EQUITABLE CAUSE OF ACTION BROUGHT TO ENFORCE ANY PROVISION OF THE CAPE CANAVERAL CODE; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Art. V111 of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City is currently limited in its ability to recover its reasonable attorneys' fees and costs incurred in actions brought to enforce provisions of the Cape Canaveral Code; and WHEREAS, the City desires to provide a mechanism that permits the City to recover, as a prevailing party, its reasonable attorneys' fees and costs incurred in any legal proceeding brought to enforce the Cape Canaveral Code in order to relieve the City of Cape Canaveral and its citizens of this financial burden; and WHEREAS, ordinances which allow a city to recover reasonable attorneys' fees and court costs in legal proceedings to secure compliance with the city code serve a valid municipal purpose and are enforceable. City of Venice v. Valente, 429 So. 2d 1241 (Fla. 2nd DCA 1983); and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. City of Cape Canaveral Ordinance No. 20-2003 Page 1 of 3 Section 2. Code Amendment. That Section 1-15 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions, Wikeewt type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Section 1-15. It is intended that the text in Section 1-15 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 1 GENERAL PROVISIONS Sec. 1-15. General penalty; attomevs' fees and costs. * * * d) In addition to and supplemental to any other provision of the city code the city shall be entitled, as prevailing party, to recover reasonable attorneys' fees and court costs incurred in any legal proceedin,a brought by the city to enforce any provision of the city code through all app2llate proceedings. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Se!tion 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Sectlop 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. [Phis space intentionally left blank] City of Cape Canaveral Ordinance No. 20-2003 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverto First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance No. 20-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 07-15-03 AGENDA Heading Ordinance -1- Hearing Item 5 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 03-2003, ESTABLISHING HEIGHT AND DENSITY REQUIREMENTS FOR LANDSCAPING, SCREENING, FENCING, WALL AND HEDGES DEPT./DIVISION: P&ZJGROWTH MANAGEMENT Requested Action: City Council consider at first reading Ordinance No. 03-2003, establishing height and density requirements for landscaping, screening, fencing, wall and hedges as recommended by the Planning & Zoning Board. Summary Explapation & Background: See attached memo. The Planning & Zoning Board recommended approval of this proposed ordinance at their 06-11-03 meeting. I recommend approval. Exhibits Attached: P&Z memo; Ordinance No. 3-2003; City Manager's memo City M er Office Department P&ZIGROWTH MGMT - - ��i-..�----- •__-_____ter=a„-�..y ...., .... �.., i.. ..., �v.�-i.�v o. ua�c Memo To; HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL non BENNETT C. BOUCHER, CITY MANAGER Daae 7/8/2003 Rae SUMMARY OF THE PROPOSED ORDINANCE AMENDMENTS (1) Amends the definition of "Parking Space, Off-street' in Code Section 110-1. Summary — Removes the option of allowing compact car parking in the M-1 and C-1 zoning districts. (2) Amends Code Section 110-470, Fence, Walls and Hedges. *Summary — In Code Sections 110-470(a) and 110-470(x)(1), the reference to hedges is removed, leaving the regulation of fences and walls, as is, for residential districts. *Code Section 110-470(a)(2) — The reference to hedge is removed. *Code Section 110-470(x)(3) — The reference to hedge is removed; adds the requirements of Code Section 110-566, "landscaping and screening for commercial and industrial zoning districts", and that a wall or fence shall have a minimum height of (6) feet, a maximum height of (8) feet and only (4) feet within 25 feet of a public right-of-way. *Code Section 110-470(x)(5) — Adds, "Ail fences shall be constructed and installed such that the finished side faces abutting properties or public right-of-way. If chain link is used for fencing, the same must have a top rail and be coated in a rubber or vinyl material." *Code Section 110-470(a)(6) is amended to add "The requirement that no words or symbols will be permitted on exterior boundary fences within residential districts." *Code Section 110-470(b), Paragraphs (1)-(5) were created to regulate hedges. 9 Page 1 Summary — The minimum height of a hedge is (6) feet with no maximum after two years of being planted. A hedge cannot exceed (4) feet in height within (25) feet of the public right-of-way. A hedge shall have a set back from a public right-of-way, sidewalk or easement. A hedge shall be planted with desirable species listed in Chapter 102 and maintained in accordance with Chapter 34. "Code Section 110-566, Landscaping and Vegetation. Summary — This section is amended to provide that "property which is developing or redeveloping" provide a visual screen, as required within this code section. "Code Section 110-567, Interior landscaping for off-street parking areas is amended to add the C-2 zoning district. Overall, the proposed amendments seem lengthy, but by breaking down the various components, they will strengthen and add clarity to our existing code. BCB:kmm 0 Page 2 ORDINANCE NO. 03-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 110 OF THE CODE OF ORDINANCES, RELATING TO REQUIRED LANDSCAPING AND VISUAL SCREENING; PROVIDING FOR HEIGHT, DENSITY, AND PLACEMENT OF VISUAL SCREENING, SUCH AS FENCING, WALLS, AND HEDGES; PROVIDING FOR REQUIRED VISUAL SCREENING BETWEEN COMMERCIAL OR INDUSTRIAL AND RESIDENTIAL ZONING DISTRICTS; PROVIDING FOR INTERIOR LANDSCAPING FOR OFF-STREET PARKING SPACE ALLOCATIONS WITHIN THE C-2 ZONING DISTRICT; PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council desires to make certain height, density, and placement requirements for landscaping and visual screening uniform and consist throughout its commercial and industrial zoning districts and further improve the City's aesthetic appearance through the protection of residential areas; and WHEREAS, zoning regulations placing conditions upon certain uses are enforceable where it is determined that a rational relationship exists between a legitimate government objective, such as establishing aesthetically pleasing corridors, and whether the regulation furthers such purpose. Restigouche, Inv. V. Town of Jupiter, 59 F.3d 1208, 1214 (11th Cir. 1995); and WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. City of Cape Canaveral Ordinance No. 03-2003 Page 1 of 6 BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. That Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeei type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 110 ZONING Article I. In General Sec. 110-1. Definitions. Parking space, offstreet, consists of a minimum paved area of 200 square feet for parking an automobile, exclusive of access drives or aisles thereto. in areas of the eity zolled M 1 or C-4 thereto.sites whieh require parking spaees for 400 or- mere vehieles may be allowed to utilize up to 25 pereent of these spaees for eempaet ear parking. Gompaet ear parking spaees shall eonsist of . . - fn paved area of 160 square feet, exelusive of aeeess drives or aisles Article IX. Supplementary District Regulations Division 1. Generally Section 110470. Fence, Walls and Hedges. (a) Fences; and walls and hedges may be permitted in any yard, except as specified in section 110-469, provided the following height restrictions shall apply: (1) In any residential district , no fence-, or wall or hedge in any side or rear yard shall be over six (0 feet in height or over four W feet in height if within twenty-five 1251 feet of any yud abuttieg-ate public right-of-way, unless otherwise specified in this section; City of Cape Canaveral Ordinance No. 03-2003 Page 2 of 6 (2) In any residential district where property abuts a public beach access parking area, the fence; or wall or hedge in a side, rear or front yard which abuts the public parking area shall not exceed six f6) feet in height; �/,3) In any commercial (G 1_) and or industrial OA -1) districts, no fence-, or wall or hedge in any side or rear yard shall be over eight U feet in height or over four (44,) feet in height if within twenty-five (25) feet of any yard abutting public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, and a fence or wall is used to meet the requirements of section 110-566 the fence or wall shall have a minimum height of six (6) feet and a maximum height of a-fenee, wall or hedge shall be 9i eight 8 feet; and ( (4) No wall shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure:; (e) (D All concrete boundary walls are to be finished by stuccoing or painting in neutral colors at the time they are constructed. All fences shall be constructed or installed such that the finished side faces abutting_ properties or public rights-of-way. If chain-link is used for fencing, the same must have a top rail and be coated in a rubber or vinyl material,• and (d) (0 No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary fences or walls. If there are such non -allowed words or symbols, they shall be covered or removed within seven days of notification to the owner by the City. (,bb) Hedges may be permitted in any yard, except as specified in section 110-469 of this code provided the following restrictions shall apply: 1) Any hedge planted to satisfy the visual screening requirements provided within section 110-566 of this code shall have a minimum height at time of planting of three feet and will be required to reach a minimum height of six 6) feet, unless otherwise provided by this chapter, and a density of at least eighty (80) percent opacity within two (2) years of planting; (2) No hedge planted to satisfy the visual screening requirements of section 110-566 of this code and located adjacent to a property boundary shall exceed four (4) feet in height if within twenty-five 25) feet of any public right-of-wgy; City of Cape Canaveral Ordinance No. 03-2003 Page 3 of 6 vvglp- �/,3) In any commercial (G 1_) and or industrial OA -1) districts, no fence-, or wall or hedge in any side or rear yard shall be over eight U feet in height or over four (44,) feet in height if within twenty-five (25) feet of any yard abutting public right-of-way. When the boundary of a commercial or industrial zoning district abuts any residential zoning district, and a fence or wall is used to meet the requirements of section 110-566 the fence or wall shall have a minimum height of six (6) feet and a maximum height of a-fenee, wall or hedge shall be 9i eight 8 feet; and ( (4) No wall shall be built along unimproved property boundaries until and unless the owner has obtained and paid for a building permit for the principal structure:; (e) (D All concrete boundary walls are to be finished by stuccoing or painting in neutral colors at the time they are constructed. All fences shall be constructed or installed such that the finished side faces abutting_ properties or public rights-of-way. If chain-link is used for fencing, the same must have a top rail and be coated in a rubber or vinyl material,• and (d) (0 No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary fences or walls. If there are such non -allowed words or symbols, they shall be covered or removed within seven days of notification to the owner by the City. (,bb) Hedges may be permitted in any yard, except as specified in section 110-469 of this code provided the following restrictions shall apply: 1) Any hedge planted to satisfy the visual screening requirements provided within section 110-566 of this code shall have a minimum height at time of planting of three feet and will be required to reach a minimum height of six 6) feet, unless otherwise provided by this chapter, and a density of at least eighty (80) percent opacity within two (2) years of planting; (2) No hedge planted to satisfy the visual screening requirements of section 110-566 of this code and located adjacent to a property boundary shall exceed four (4) feet in height if within twenty-five 25) feet of any public right-of-wgy; City of Cape Canaveral Ordinance No. 03-2003 Page 3 of 6 (3) AU hedge located adjacent to any public right-of-way sidewalk or easement utilized for public purposes shall be set back a minimum of three (3) feet from the property line or easement boundary to ensure such hedge will not encroach into or impede the use of such public right-of-way sidewalk or easement-, (4) Any hedge planted or otherwise established in accordance with this chapter shall be comprised of a desirable species of vegetation as defined in chapter 102 of this code as may be amended from time to time, and (5) All hedges shall be maintained in accordance with Chapter 34 of this code and all other applicable statues ordinances and regulations affecting landscaping and vegetation. DIVISION 7. Landscaping and Vegetation Section 110-566. Landscaping and screening for between commercial aftd or industrial zoning districts and residential zoning districts. (a) Whenever the boundary boundaries of a commercial or industrial zoning district abuts and a residential zoning district abut, a visual screen shall be provided within the required setbacks of the property which is developing or redeveloping (b) Such visual screen shall: (1) Be provided along the entire length of the boundary separating the commercial or industrial zoning district from the residential zoning district. (2) Consist of decorative or ornamental fencing or shrubs designed and placed in a manner rendering such visual screen density of at least eih (80) percent within a period of two (Q years after such screen is provided. (3) Be not less than four L4) or more than eight M feet in height, except as provided in section 110-470 (a". (4) Have a minimum of one W ten -point tree value as defined in section 110-567 which shall be planted every thi -five (35) feet with at least two M five -point trees on the minimum fifty 50 -foot C-1 lot and three Q five -point trees on the minimum seventy-five 75 -foot M-1 lot. (5) Be serviced by a functional underground sprinkler system adequate to maintain such landscaping. (6) Be properly maintained and replaced if for any reason it does not survive. (7) Be protected from vehicular encroachment. City of Cape Canaveral Ordinance No. 03-2003 Page 4 of 6 (d) Where a fence or wall is used to fulfill the screening requirements within a vegetative buffer, it shall be located one foot inside of the property line of the property which is developing or redeveloping. When a drainage Easement, ditch or water body runs along a property line, an administrative waiver may be granted by the Building official to allow the masonry Wall or Fence to be placed along the edge of the ditch or water body, instead of on the property line. Where existing trees exist within the buffer area, the Fence or Wall shall be located so as to preserve the trees. Sec. 110-567. Interior landscaping for offstreet parking areas. (a) Offstreet parking areas in C-1, CC=2, M-1 and R-3 districts shall have internal and perimeter landscaping as follows: (4) Parking areas in the C-1. C-2 and M-1 districts and parking areas in the R-3 districts that contain sixteen f16) or more parking spaces shall be planted to a width of at least two Q feet of the entire perimeter facing the public right-of-way, except for ingress and egress and sidewalks. The perimeter shall be planted with decorative shrubs and bushes not less than three (3) feet in height to form a visual screen with a density of at least ei h 80) percent within two Q years of planting. Perimeters facing such public right- of-way shall, in addition, have five tree value points planted every thirty-five (35) feet with at least ten tree values on a minimum 50 -foot C-1 lot, and fifteen tree values on the minimum 75 -foot C-2 or R-3 lot unless a greater restriction is otherwise provided for in this chapter. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion City of Cape Canaveral Ordinance No. 03-2003 Page 5 of 6 shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2003. ROCKY RANDELS, Mayor ATTEST: For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs\City of Cape Canaveral\Ordinances\Vegetative_Buffers_03-2003.wpd City of Cape Canaveral Ordinance No. 03-2003 Page 6 of 6 Date: July 8, 2003 To: Honorable Mayor and Members of City Council From: Bea McNeely, Chairperson of the Planning & Zoning Board (2e -A Re: Pruning and Maintenance of Hedges I researched the above referenced discussion and considerations of the City Council to amend the height limitation of hedges. I have attached a copy of University of Florida, Pruning Landscape Trees and Shrubs outline. This information may help clarify your thinking on pruning the tops of hedges. If I can be of further assistance please do not hesitate to call me. Note: There are 8,328 references on the web for pruning hedges. Pruning Landscape Trees and Shrubs Edward F. Gilman and Robert J. Black Circular 853, Florida Cooperative Extension Service Institute of Food and Agricultural Sciences - University of Florida (Re -formatted for computer use by Jean Thomsin, Florida Master Gardener) (Use your browser's Back Button to return to the top of this page.) • What Is Pruning? • Why Prune • Maintain or improve vigor • Control plant size and form • Training young plants • Influence flowering and fruit production • Safety pruning • Rejuvenate old plants • Pruning at transplanting • When to Prune • Pruning Techniques • Pruning Shrubs • Rejuvenation of Shrubs • Pruning Trees • Removing Large Tree Branches • Pruning Palms • Hedge Pruning What is Pruning? Pruning is the selective removal of plant parts, typically shoots and branches, to improve health; control growth; or enhance fruiting, flowering, or appearance. Pruning should be a routine part of home -ground maintenance and not delayed until the landscape is overgrown. {overgrown plants can be tall and leggy with little foliage close to the ground, and cannot be pruned to desired size in a single pruning without severely damaging the plants. These plants should be pruned back gradually over a period of several years. The objective of this document is to present pruning techniques for Florida trees and shrubs. The need for pruning, timing, types of pruning, tree pruning, shrub pruning, and tools are discussed separately. Specific examples will support the pruning concepts. Why Prune Proper plant selection can eliminate much of the pruning requirements in today's landscapes. Unfortunately, plants are frequently placed in the landscape according to their current size and shape, not the size which the plant is likely to attain in five or more years. The homeowner or landscape manager soon finds it necessary to clip or prune plants frequently to keep them within bounds. For instance, frequent pruning is assured when photinia shrubs are selected as foundation plants, since this plant can quickly grow to 25-30' tall. Utilizing a low -growing juniper, Wheeler's Dwarf pittosporum, Indian hawthorn or other compact shrub in such a location would greatly reduce or eliminate required pruning. It is less time consuming, and less costly, to select and install the proper sized plant than to choose one which will require frequent, timely pruning. Ask your nurseryman or consult a reliable source for growth rate and size of desirable plant species. if a plant needs to be pruned several times each year to control size, it may be the wrong species for that location. Many prunings can be eliminated by proper plant selection, and this can save space in landfills by reducing the volume of yard waste. Plants may be pruned for a number of reasons. Determine why you are pruning a plant before beginning. Maintain or improve vigor Removal of dead, dying, or damaged wood and diseased and insect -infested plantparts is an effective way to stop the spread of decay, disease, and insects to other portions of the plant or to neighboring plants. For example, if several branch tips are infested with aphids or scale, prune and discard the affected shoots. This can be an effective alternative to spraying insecticides if the infestation is small and localized. Weekly checking is often necessary to detect a disease or an infestation in the early stages. Control plant size and form A common objective of pruning is to maintain or develop a desired size or form. However, this can be largely eliminated by installing the proper species or cultivar and by not over fertilizing. Many compact and dwarf shrubs are now available at retail garden centers. Selective pruning can shape plants or produce either a thin or thick canopy. A thinner canopy will allow more light penetration and help keep interior leaves on the plant. Root pruning can be used to slow plant growth, producing a more compact plant. Prune one half the root system, wait 4-6 weeks, then prune the other half. Root pruning should be scheduled so roots will be watered thoroughly to keep the soil moist for 4-6 weeks following root pruning. Training young plants There are several reasons to train plants. Pruning young trees can dramatically influence their long-term health, function and survival. Early pruning on young shrubs encourages branching and fullness, which are frequently desirable characteristics of landscape plants. Branch spacing and arrangement and the ultimate structural strength and safety of a tree can be controlled by selectively removing branches on a young sapling (Figure 1). Always work with the natural form of a plant. Encourage only one central trunk to develop by removing competing, upright trunks or branches. This should begin within the first 2-3 years after the tree is propagated. Tree training continues for 14 or more years on large -maturing species. Frequent light prunings several times each year encourage faster growth and prevent undesirable sprouting compared to one heavy pruning each year. In all but the highest maintenance landscapes, do not attempt to dramatically alter the natural form; instead, choose a species which has more of a natural tendency to grow into the desired form. For example, a river birch, red maple, or tabebuia would be better suited as a shade tree in a narrow vertical space than would live oak. Plants can be pruned into different shapes such as balls, squares, rectangles, or animal figures to create special effects. This practice (topiary) has become popular in recent years, but plants pruned in this manner become focal points and should be used sparingly in most landscapes. Topiaries can be grown by planting a small -leaved plant such as boxwood, Surinam cherry, natal plum, or pyracantha and training the plant into a specific form. A new technique utilizes a wire mesh frame which is packed tightly with sphagnum moss. Appropriate plant species including begonias, ivy and creeping fig can be planted in the sphagnum, forming a fully grown topiary in several months to 2 years. The practice of growing plants against a wall (espalier) requires frequent pinching and pruning. Plants trained in this manner are specimen plants and not all plants are adaptable to -47 this pruning technique. Pyracantha, sea grape, fatshedra, magnolia, yaupon holly, podocarpus, and loquat make excellent espalier plants. Plants which many consider to be large shrubs such as photinia, wax myrtle, and pittosporum, can be trained into small trees by gradually removing (over a period of 1-3 years) all the foliage and small branches from the lower portion of one or more stems. This should not start before the plants are 8' tall so that the main trunks can develop properly. Small branches left along the lower trunk will build trunk caliper and create a sturdier tree. The longer they remain on the trunk, the thicker and stronger the trunk becomes. M Figure 1. A) Desirable form and branching pattern on a young large-sized shade tree such as live oak, sycamore or southern magnolia. Major limbs are spaced 12-24" apart along the trunk, not clustered at the same point on the trunk. B) Desirable form on a young, small -sized patio tree such as dogwood, redbud or frangipani. Major limbs can be spaced closer together on the trunk. Influence flowering and fruit production Larger fruit can be produced by selectively removing flowers or developing fruits. Those remaining will be larger. Light pruning helps to maintain annual flowering and fruiting on fruit t zes. Severe pruning on plants which flower on current season's growth, such as crape myrtle, will generally stimulate vegetative growth; and produce fewer, but larger flower clusters. On species which flower terminally (e.g., azalea, cassia, crape myrtle) pinching new vegetative growth during the growing season will stimulate growth of lateral shoots and will increase the number of blossoms produced. Remove developing seed heads on crape myrtle to promote a second, and perhaps a third, flower display. Safety pruning The manner in which stems are attached to each other and to the trunk influences the structural strength of the tree. Remove branches with embedded bark having narrow "V" shaped crotches in favor of wider -angled "U" shaped crotches (Figure 2). Large decayed, broken, or poorly attached tree limbs should be recognized and promptly removed by a professional before they fall. Remove dead branches and branch stubs as they can lead to serious trunk decay (Figure 3). Periodic tree inspection by a professionally trained tree specialist (arborist) can help prevent these situations from becoming unsafe conditions. Fi TI Fi r., fn bF A t gure 2. A) Remove limbs with embedded bark. ley are poorly attached to the tree and can split )m the tree as they grow older. Embedded bark is ark that is squeezed between stems. The union of e two stems appears as a "V". B) Retain limbs IR 0 A B L; i with raised branch bark ridge at the union of the stems. The crotch between these stems appears as a "U" and represents a strong union between stems. C&D) The crotches between the trunk and branches a, b and c will develop embedded bark. They should be removed when the tree is young in favor of the remaining wider angled branches. ;he collar is composed of trunk tissue. Cut along dashed line. Rejuvenate old plants yralNn trur* tomer Figure 3. Proper removal of a dead branch. Do not cut into the swollen growing around the dead branch. This will injure the trunk since Sometimes a shrub which is not growing well, despite receiving adequate light, water and nutrients, can be invigorated or shocked" into growing by severe pruning. Typically, the plant either dies or begins growing vigorously in response to this drastic treatment. Pruning at transplanting Shoot pruning for the purpose of compensating for root loss at transplanting is not recommended. Prune only to remove dead, diseased, crossed, rubbing or broken branches. About one year after transplanting, begin pruning to develop appropriate form and structure. Shrubs Trees A/ i Azaleas Dogwoods some Hydrangeas Fringe tree Banana shrub ±African tulip -tree Camellia`[Redbud Spireas Magnolias Indian hawthorn Wisteria Star & saucer magnolia Winter and Spring flowering plants which can be pruned after flowering but before flower buds form for next year's show. (Structural pruning can be done at any time) When to Prune Frees and shrubs can be lightly pruned anytime. To minimize reduction of next year's flowers, prune spring-flo=the plants, such as azaleas, spireas, and dogwoods, in late spring before the flower buds next season (Table 1). These plants set their flower buds on the previous season's growth and buds over -winter on this older growth. For example, Bogwoods and azaleas form flower buds in July for the following year's flower display. Pruning or pinching between the end of the flower display and late spring would not reduce the number of flower buds set. Pinching the new shoots on azalea anytime from several weeks after they begin elongating through May will encourage lateral branching. Each of these laterals is likely to develop a flower bud. Thus the pinched plant produces many more flowers the following year, than an unpinched plant (Figure 4). Pruning between July and the flower display would remove flower buds and reduce the flower display but should not affect the health of the plant. Plants that produce flowers on current season's growth such as abelia, hibiscus and rose are ::sually pruned while dormant or just before the spring growth flush (Table 2). Developing shoots can be pinched to encourage lateral branching which will enhance the flower display. Moderate to severe pruning may encourage production of fewer but larger blossoms or blossom clusters. 1 fr UNPINCHED PINCHED Figure 4. Pinching new spring or early summer growth on plants which flower on subsequent shoot growth will encourage more flower bud formation for next year's flower display. Azaleas respond well to pinching. pane 1 4110 Plants producing flowers on current season's growth which can be pruned during the dormant season. (Structural pruning can be done at any time) Shrubs Trees ,t is best to prune trees late in the dormant season or several weeks following a growth flush. runing at other times frequently promotes undesirable sprouting. Trees sprout excessively :and are easily damaged when pruned during active shoot elongation. The worst times to ,)rune are when leaves are forming. Do not prune trees which are under stress. °=alost evergreens, such as podocarpus, holly, boxwood, ligustrum, juniper, and wax myrtle, pan be pruned anytime. Terminal growth of pines can be controlled by removing one-half of the new shoot in the spring just prior to needle expansion (Figure 5). This encourages new :cud formation at the pinch, slows growth on the pinched branch, and creates a more compact plant. Never pinch a pine at other times of the year since new buds will not form. 0 n igure 5. Prune pines by pinching ne-half of the new shoot before the eedles elongate. o encourage rapid shoot development nd greatest overall plant growth, prune Just prior to bud swell in the QJJIing. To retard growth for maximum dwarfing effect, prune just after each growth flush, when leaves nave expanded fully. Late summer pruning may stimulate an additional flush of shoot growth on species which flush several times each year. These shoots could be damaged by an early frost Closure (callusing) of pruning wounds on most trees and shrubs should be most rapid if pruning is conducted just before, or immediately following the spring growth flush. This is desirable because a closed wound is more aesthetically pleasing-, and insects, diseases, and decay organisms are discouraged from entering the plant. In addition, cold injury can be reduced if pruning is conducted close to spring bud break. Late fall and early winter pruning can stimulate new growth, particularly during a mild period during the winter. These succulent stems are not cold hardy and can be easily damaged, even by a light frost. Low winter temperatures can also cause cambium damage beneath improperly executed pruning cuts, even if growth is not stimulated by pruning. This is particularly true of plants which are marginally hardy. If in doubt about cold susceptibility, it is best to delay heavy pruning to just before growth begins in the spring. Some trees such as birch, maple, dogwood, elm, and walnut bleed sap from pruned wounds if they are pruned during late winter or early spring. This "bleeding" is not usually harmful to the tree, but the dripping sap is often objectionable. Trees which show this tendency should be pruned in late fall or early winter. Pruning Techniques Plants are pruned by either heading back or thinning. Heading back (Figure 6) is the selective cutting of terminal ends of twigs or young branches back to an axillary bud or node. This technique produces a denser tree or shrub because it usually increases the number of shoots and leaves. CMYW t xM Figure 6. A) Heading back a young unbranched trunk will force two to four buds back from the cut into vigorous upright growth. Undesirable multiple leaders with embedded bark will develop on trees from this type of pruning; however, properly placed, these cuts can create and maintain a nicely formed shrub. B) Growth from an unpruned shoot will be more typical of the natural form and more uniformly distributed along the trunk. Note the horizontal branching habit and the desirable central leader. -.owever, new growth is typically vigorous and upright --developing from two to several buds just behind the pruning cut. The new foliage may be so thick that it shades the lower growth forming a top-heavy plant. This can be avoided in shrubs by heading back shoots to several different heights (Figure 7). A �i Figure 7. Heading back shrubs is cutting back terminal shoots to a bud or node. A) Heading back all shoots to the same height produces a leggy, top heavy shrub. B) Heading back shoots to several different levels produces a more natural, fuller looking shrub. Heading back (stubbing) trees is rarely warranted in landscape sites. If WO) it is necessary, e.g., to prune beneath power lines or to clear a tree from interfering with a structure, always head back to a fork where there is a live branch (called drop-crotching - Figure 8). Figure 8. Heading back trees is rarely necessary if NEWLEADER they were properly placed in the landscape. Heading back large limbs is very damaging and shortens the life span of the tree. Proper heading i (called drop-crotching) in trees is pruning back a fork with a living branch which will become the new leader. - - - PRUNE CUTS ] Within several months, prune out all sprouts i t growing in response to the pruning cut. Never hat -rack" a landscape tree, i.e., cut all branches back to about the same length without regard for their location (Figure 9). Figure 9. Never "hatrack" a tree by heading back all branches to an indiscriminate location. This type of pruning has no place in horticulture and is not recommended. When heading back trees or shrubs, make the cut on a slight slant 1/4 inch above a healthy bud (Figure 10). The bud should be facing the direction preferred for new growth. Figure 10. Proper pruning angle. A - is a correct cut. B - is too slanted. C - is too far from the bud. D - is too close to the bud. IThinning (Figure 11) is the complete removal of branches back to lateral branches or the main trunk; or, in shrubs, to the ground. Thinning gives a plant an open 01* appearance and can encourage new growth inside the crown depending on how the plant is thinned. If thinning is heavy, interior sprouts will develop. If the plant is lightly thinned, interior shoots are not likely to develop. This technique is used primarily on shrubs to control size while maintaining a natural appearance. It contrasts to hedging or heading to the same spot on all branches which gives a shrub a manicured, controlled appearance. Trees can be thinned to increase light penetration, encouraging turf growth beneath the tree. Trees with properly thinned crowns also resist wind damage better than unpruned trees. This is a specialized technique best performed by a professional arborist. ►�1 Figure 11. A) Thinning is complete removal of branches back to a lateral or the main trunk or, in shrubs, to the ground. B) Proper thinning of shade trees first removes branches rubbing, crossed over each other, dead, diseased or dying. If further thinning is desired, remove (branches back to major limbs to create an open crown. Space remaining branches along the major limbs to give each room to develop. Removing upright branches creates a more spreading tree; remove horizontal branches to create a more upright form. Grass grows better beneath thinned trees. Pruning Shrubs The first step in pruning a shrub is to remove all dead, diseased, or injured branches. Pruning shears and saws can be dipped in a weak alcohol solution (1 part to 9 parts water) to prevent the spread of disease between plants. Remove branches that cross or touch each other and those that look out of place. If the shrub is still too dense or large, remove some of the oldest branches. Head back excessively long branches to a bud or lateral branch that is 6 to 12 inches below the desirable plant height. If the shrub is 2 to 3' too tall, heading (Figure 6) and thinning (Figure 11) may be desirable. Do not use hedge shears; cut each branch separately to different lengths with hand pruners. This will maintain a neat informal shrub with a natural shape. Plants sheared into various geometric shapes produce a formality not suitable for many modem, natural landscapes. See the following section on hedge pruning for a discussion of formal pruning. a A properly pruned shrub is a work of art and beauty and does not look as if it has been pruned. Pruning cuts should not be visible, but located inside the plant, covered up by remaining foliage. Rejuvenation of Shrubs Rejuvenation is a drastic method of pruning old shrubs that have become much too large or have a large amount of non -flowering wood. On single -stem shrubs such as ligustrum and gardenia, rejuvenation is carried out over a period of 2-3 years by severe thinning out to the basic limb framework (Figure 12). One-third to one-half of the old growth is removed each year. Figure 12. Rejuvenation on single stem and grafted shrubs is carried out by severe thinning out to the bask framework. Multiple stem shrubs are rejuvenated by cutting back all stems at ground level over a period of 3 years (Figure 13). Remove 1/3 of the old, mature stems the first year. The second year remove 1/2 of the remaining old stems and head back long shootsgrowing from the previous year's pruning cuts. Remove the remaining old wood and head back the long new shoots in the third season. U B C Q t -figure 13. Rejuvenation of multiple stem shrubs. A) First year, remove 1/3 of old, mature stems near ground level. B) Second year, remove Y2of the remaining old stems and head back long regenerated shoots from last year's growth. C) Third year, remove the remaining old stems and head back the long new shoots. D) Growth at the end of the third season (rejuvenated shrub). The best time for rejuvenation is in late winter or early spring, just before growth begins. Large, old shrubs should not be rejuvenated during late summer, as new growth will be stimulated and possibly killed by cold weather in the winter. Pruninq cane -type shrubs such as nandina and mahonia is best done on a 2 -or 3 -year cycle. 10. The tallest canes are pruned to a stub 3"-6" above the soil line during the first spring, just as growth begins. By the second spring, last year's medium-sized canes have grown to become tali canes and should be cut back to a 3" stub. Canes from the first year's pruning have already begun to grow and are one to three feet tail by now. In the third spring, the canes which were the shortest in -the first spring are now' fairly tall and can be cut back. In this way, there is always foliage near the ground and the shrubs can be kept from becoming leggy. Cut nandina canes generally will not flower during the growing season following pruning. Pruning Trees The characteristic form of a tree should be known before any live branches are removed since, in many landscapes, little or no attempt should be made to significantly change the characteristic growth habit common to the species. First, prune out dead, diseased or broken 11 wigs and branches. After studying the tree form, select the best spaced and positioned permanent branches, and remove or shorten others. Permanent branches should be space between 6-24 inches apart on the trunk, depending on the ultimate mature size of the tree. For dogwoods, 6" spacing is adequate; whereas, for oaks, 18-24" spacing is best (Figure 14). Next, remove fast growing suckers at the base of, and along, tree trunks; or on large, interior limbs. } �4 f1 F � ri f Figure 14. A & B) tree maturing at less than 30' tall before and after pruning. No two permanent limbs should originate from the same point. Tree "A" has a bad fork which should be eliminated. Pruning the upright portion of the left fork now will slow the growth on that branch and encourage growth in a central leader. C & D) A large -maturing tree before and after pruning. Permanent major branches are spaced 18-24" or more along the trunk. Always encourage central leader development. The central leader may be difficult to maintain higher than 8' from the ground in species such as live oak, royal Poinciana, and jacaranda. These can be trained with several co -dominant stems, spaced 24" apart. Young trees should be pruned to a single leader (stem) after locating the straightest and best leader to retain (Figures 1 and 15). Most trees can be grown in this form when they are young, but the growth habit of some species will change to a multi -leader spreading form as they mature. There should be no narrow forks or branches leaving, the trunk at an acute angle. Crotches of from 45 to 90 degrees from the vertical are less likely to split than narrow "V" -crotches of less than 40 degrees. Branches with a narrow angle of attachment should be removed as soon as possible (Figure 16). Any branches which are 1/3 the diameter of the trunk or larger should be removed at once all the way back to the trunk. Figure 15. In forming the tree crown, remove lateral branches which grow i : upright. They will compete with the leader " •`+•+� w %+wwn +y is i a 1 ica, iy vul uum pu5mon. roncea trunks are dangerous. One of the orks should be removed as soon as it is recognized. =Vhen training a young tree, prune back branches below the lowest permanent branch to s bout 8" from the trunk (Figure 17); do not remove entirely. Remove immediately lower anches larger than 1/4" in diameter. By keeping the smaller -diameter branches on the trunk; :e tree will grow faster, develop a thicker trunk, and the trunk will be better protected from sun burn and vandalism. Removing the lower branches too soon will result in a poorer quality v:ant. When the tree approaches 2" in diameter, remove temporary lower branches over a `_'-;;ear period, beginning with the largest diameter branches. lure 17. Prune branches along the lower trunk to 8-12" long ice each year. These temporary branches help produce a irdier tree by increasing trunk diameter and protect the nk from accidental damage. They can be removed over a riod of two years once the tree is two inches in diameter. move a lower temporary branch any time it grows larger in X" diameter. 12_ Removing Large Tree Branches Large branches too heavy to be held with your hand (those 1-1/211 or larger in diameter) require three separate cuts to prevent trunk bark stripping. The first cut is made on the lower side of the branch about 15 inches away from the trunk and as far up through the branch as possible before the branch weight binds the saw (Figure 18). The second cut is made Downward from the top of the branch about 18 inches from the main trunk to cause the limb to split cleanly between the two cuts without tearing the bark. The remaining stub is easily supported with one hand while it is cut from the tree. This cut should begin on the outside of the branch bark ridge and end just outside of the branch collar swelling on the lower side of the branch (Figure 19). When bottom of the branch collar is hard to see, prune as shown in Figure 20. In this way, only branch tissue is cut, with no damage to the trunk. The standard practice has been to make the final cut flush with the trunk. Research has conclusively shown thiat this causes extensive trunk decay because wood is cut which is actually part of the trunk. Mush cuts should never be made since they injure the trunk. Figure 18. Removing a branch over 1-1/2" B diameter. First cut at "A" until saw binds, i then cut at "B" 2-4° 'f beyond "A" until branch falls, then cut at "" outside f � C , o si de o the branch collar (see Figure 19). --- POSITION OF CUT ..... R BOUTAY BETWEEN TRU IK TIME AND BRANCH TISSUE MMr Figure 19. Correct and incorrect final pruning cut. All branches, large and small, should be cut in this manner. Do not cut into the branch collar. It is trunk wood and the trunk can decay if this tissue is damaged. Begin the cut on the outside of the branch bark ridge. This ridge is usually rough and always darker than the surrounding bark and is fairly obvious on most species. Angle the cut so it ends just above the swelling (branch collar) beneath the branch. Never make a flush cut. JR. RIGHT WRONG IMS �s ai b� cw�ta i i • 1 A i . In txarda xalbs 'Figure 20. When the bottom of the branch collar is hard to see, estimate angle M by drawing an imaginary vertical line as shown above. Beginning on top of the branch at the outer edge of the branch collar, make pruning cuts so angie B is the same as angle N. Painting wounds with tree wound dressing has become a controversial practice. The standard recommendation was to paint wounds with a quality tree wound dressing to protect the cut surface from wood rotting organisms and checking (cracking) upon drying. Research has shown however that wound dressings do not prevent decay. When exposed to the sun, the protective coating often cracks, allowing moisture to enter and accumulate in pockets between the wood and the wound covering. This situation may be more inviting to wood rotting organisms than one with no wound cover, but in situations where aesthetics are important, the practice may be justified. Pruning Palms Care must be taken when pruning palms not to cut or otherwise injure the terminal bud or the whole tree will die. Old leaves that persist on palms such as the Washington palm should be removed as they often harbor insects and rodents, and may become a fire hazard. Remove palm leaves by cutting them from the underside to avoid tearing the fibers of the palm's stem. Palms such as the Royal palm shed their heavy leaves and if they are growing where failing 14" leaves may be hazardous, remove them before they drop. - - - Large fruits of coconut palms can be dangerous to pedestrians and automobiles passing beneath the palm. Prevent formation of fruits by removing the flower stalks. Flower stalks on Christmas palm and others can be left on the palm to take advantage of the ornamental characteristics of the fruit. Hedge Pruning The method of pruning hedges depends on the type of hedge desired. Informal hedges generally consist of a row of closely planted shrubs which are allowed to develop into their natural shape. Annual pruning consists of thinning and heading hack just enough to maintain desired height and width. Formal or clipped hedges require a specialized pruning which may become a continuous job during the growing season. The desired appearance of a formal hedge is a soft outline of foliage from the top of the hedge to the ground. There are two important factors to remember when pruning formal hedges. 1) Hedges should be clipped while new growth is green and succulent. 2) Plants should be trimmed so the base of the hedge is wider than the top (Figure 21). Hedges pruned with a narrow base will lose lower leaves and branches because of insufficient light. This condition will worsen with age resulting in sparse growth at ground level and an unattractive hedge which does not give desired privacy. Flowering hedges grown formally should be sheared after they have bloomed as more frequent shearing reduces number of blooms. If the blooms are of secondary importance, pruning may be conducted at any time. Tools should be kept sharp for easier cutting without injuring surrounding tissue. Injured tissues are susceptible to disease and decay which can lead to long-term health problems for the plant. Figure 21. Plants pruned as a solid hedge should be wider at NEAK GROWTH the bottom than the 09 top. E 16', Caere ""t sur, r`r s❑ Figure 22. Pruning tools. A) Hand pruners are used to cut branches less than V in diameter. 8) Loppers are used to cut branches up to V in diameter. C) Hedge shears are used to shear formal hedges. D) Saws are used to remove larger branches. E) Both shears and saws are available on poles which are handy to prune difficult -to -reach branches. [Home] /6• City of Cape Canaveral Date: June 23, 2003 To: Bennett Boucher, City Manager Susan Stills, City Clerk From: Bea McNeely, Chairperson, Planning & Zoning Board Re: Proposed Ordinance Amending Sections 110-1, Definitions; 110-470, Fences, Walls and Hedges; 110-566, Landscaping and Screening for Commercial and industrial Zoning Districts; and 110-567, Interior Landscaping for Off -Street Parking Areas. --------------------------- The Planning & Zoning Board reviewed and reconsidered the above referenced ordinance, at the request of the City Council, regarding imposing height limitations on hedges. After a lengthy discussion, the Planning & Zoning Board concluded to recommend approval of the above referenced proposed ordinance to with the following change that (b)(2) should read as follows: "No hedge planted to satisfy the visual screening requirements of Section 110-566 of this code and located adjacent to a property boundary shall not exceed four (4) feet in height if within twenty-five (25) feet of any public right-of-way". Please schedule this proposed ordinance on an upcoming meeting agenda. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1222 • SUNCOM: 982-1222 • FAX: (321) 868-1247 wwwmyflorida.com/cape • email: ccapecanaveral@cfl.rr.com Planning & Zoning Board Meeting Minutes June 11, 2003 Page 3 Discussion continued. By consensus, the Board members concluded to ask City staff to inventory the existing parking conditions and table this discussion item until the information was available for further discussion and consideration. 4. Review and Recommendation to City Council Re: Easement Agreement Between the City and Blarney 67 - Ed Gardulski Director of Public Works Mr. Todd Peetz, City Planner, advised that the Public Works Director was on military leave and had asked that he present the request. Mr. Peetz advised that the easement was for a sidewalk in front of the Fair Villa property along Astronaut Boulevard. City Attorney Garganese advised that the easement agreement was part of a settlement agreement between the property owner and the City. Brief discussion followed. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the easement agreement between the City and Blarney 67. Vote on the motion carried unanimously. Review and Recommendation to City Council Re: Amending Section 110-171 Establishments Serving Alcoholic Beverages. City Attorney Garganese presented an overview of the proposed ordinance changes. He noted that the ordinance would be enforceable by the Board of Adjustments. Motion by Mr. Nicholas, seconded by Ms. Shea -King to recommend approval of the ordinance to amend Section 110-171. Vote on the motion carried unanimously. 6. Review and Recommendation to City Council Re: Amending Chapter 110 C - Zoning District, Height of Vegetation/Hedges/Fences.� City Attorney Garganese advised that the City Council requested that the P & Z Board reconsider the changes because they were concerned regarding not imposing a height limitation on hedges. The Board members reviewed the proposed ordinance. Discussion followed. Councilman Hoog clarified that Council's concern was that some hedges that grow 12-14 ft. high looked obtrusive because the limbs at the bottom of the hedge were wilted or dead. Attorney Garganese gave an overview of the proposed code changes and advised that the new code would be enforceable by code enforcement for maintenance. Discussion followed. Chairperson McNeely pointed -out that hedges serve as a screen not a barrier like a fence. Following further discussion, the Board agreed to recommend approval of the proposed ordinance with the change that (b) (2) should read as follows: No hedge planted to satisfy the visual screening requirements of Section 110-566 of this code and located adjacent to a property boundary shall not exceed four (4) feet in height if within twenty-five (25) feet of any public right-of-way. Motion by Mr. Russell, seconded by Chairperson McNeely to recommend approval with the change in paragraph (b)(2) as previously stated. Vote on the motion carried unanimously. Meeting Type: Regular Meeting Date 07-15-03 AGENDA Heading Ordinance -I' Nearing Item Summary Explapation & Background: No. The city attorney did an outstanding job in preparing this ordinance and cleaning up Chapter 10, as well, to be AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 18-2003, CREATING A NEW CHAPTER ll, PUBLIC DECENCY CODE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading Ordinance No. 18-2003, repealing Code Section 50-2, creating a new Chapter 11, Public Decency Code, and amending the adult entertainment code in Chapter 10, as recommended by the city attorney. Summary Explapation & Background: The proposed ordinance is a result of a recent code review workshop. The city attorney did an outstanding job in preparing this ordinance and cleaning up Chapter 10, as well, to be conforming to the new Chapter 11. I recommend approval at first reading. Exhibits Attached: Ordinance No. 18-2003 City g s Office, Department LEGISLATIVE ca im\m ociKen in\council\meeting\2003\07-15-03\18-2003.doc ORDINANCE NO. 18-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, TO BE KNOWN AS THE "CITY OF CAPE CANAVERAL PUBLIC DECENCY CODE"; REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; CREATING A NEW CHAPTER 11, STATING THE INTENT OF THE CHAPTER, PROVIDING FOR THE DEFINITION OF NUDITY AS PROHIBITED BY THE CHAPTER AND PROVIDING FOR OTHER DEFINITIONS, PROVIDING FOR LEGISLATIVE FINDINGS, PROHIBITING NUDITY AND SEXUAL CONDUCT OR THE SIMULATION THEREOF IN PUBLIC PLACES, PROVIDING FOR ENFORCEMENT AND PENALTIES FOR THE VIOLATION OF CHAPTER 11; PROVIDING CONFORMING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE; AND PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City is granted the authority, under Section 2(b), Article VIII of the State constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, local governments may prohibit the exposure of certain body parts, see Geaneas v. Millets, 911 F.2d 579 (11 th Cir. 1990), certiorari denied, 499 U.S. 955, 111 S. Ct. 1431, 113 L. Ed. 2d 484 (1991); and WHEREAS, efforts by the State and Federal governments to apply Florida criminal statutes to the public display of nudity have been rejected by the courts because, under certain of Florida's criminal laws, nudity alone cannot be prosecuted without proof of lewd and lascivious conduct; and WHEREAS, other local governments have successfully passed and defended regulations relating to public nudity, including other cities in Central Florida; and WHEREAS, conforming the City of Cape Canaveral's public nudity law to that of surrounding communities is a valid exercise of the City's police power; and WHEREAS, the City Council of the City of Cape Canaveral finds that public nudity and sexual conduct begets undesirable behavior, and that adverse secondary effects such as, but not limited to, prostitution, lewd and lascivious behavior, attempted rape, rape, and assault may occur and have the potential for occurring where public nudity and sexual conduct is permitted; and WHEREAS, the City Council of the City of Cape Canaveral desires to prohibit the public display of nudity and sexual behavior or the simulation thereof; and City of Cape Canaveral Ordinance 18-2003 Page 1 of 12 WHEREAS, the City Council of the City of Cape Canaveral believes that persons who choose to appear nude in public places are engaging in conduct which often serves to impose their nudity on others who did not seek it out, who are not able to reasonably avoid observing it, and who may be offended or distressed thereby; and WHEREAS, appearing nude in public places was a criminal offense at common law and was considered an act malum en se (a wrong in itself) and appearing nude in a public place which is not a public place provided or set apart for nudity has been considered improper. See Moffett v. State, 340 So. 2d 1155, 1156 n.3 (Fla. 1977); and WHEREAS, the City Council of the City of Cape Canaveral desires to protect and preserve the wholesome character of the City of Cape Canaveral as a family oriented community with a high quality of life offered for families, tourists and businesses; and WHEREAS, the City Council of the City of Cape Canaveral believes that appearing nude in public places is still contrary to the general community standards; and WHEREAS, the City Council of the City of Cape Canaveral believes that the appearance of persons in the nude in public places generally increases adverse secondary effects such as, but not limited to, incidents of prostitution, sexual assaults and batteries, attracts other criminal activity to the community, and encourages degradation of women and other activities which break down societal and family structures; and WHEREAS, the City Council of the City of Cape Canaveral believes that without regulation, public nudity constitutes harmful conduct and occurs in a manner which is incompatible with the normal primary activity of a particular place at a particular time; and, WHEREAS, the City Council of the City of Cape Canaveral's sole intent in enacting this Ordinance is to prohibit the conduct of being nude in public places and to suppress the adverse secondary effects such nudity generates; and WHEREAS, a requirement that exotic dancers don opaque covering sufficient to cover the genitals, buttocks and the breasts, as such portions of the human anatomy are defined in this Ordinance, does not deprive a dance of whatever erotic message, if any, it may convey, but simply makes such message, if any, slightly less graphic and imposes only an incidental limitation, if any, on the message; and WHEREAS, it is the intent of the City Council of the City of Cape Canaveral to protect and preserve the good order, public health, safety, welfare and morals of the City of Cape Canaveral by restricting, to the fullest extent allowed by the United States Constitution and Florida Constitution, the act of being nude in places which are not readily visible to the public; and City of Cape Canaveral Ordinance 18-2003 Page 2 of 12 WHEREAS, the City Council of the City of Cape Canaveral believes that the City of Cape Canaveral is a City that is, and desires very much to continue to be, a community that contains and is known for traditional and wholesome public recreational activities, natural features and resources, and historic facilities; and WHEREAS, the City Council of the City of Cape Canaveral believes that the average person applying contemporary City of Cape Canaveral community standards would find that the public nudity prohibited by this Ordinance, if allowed, when taken as a whole: (i) appeals to the prurient interests, and (ii) lacks serious literary, artistic, political, and scientific value; and WHEREAS, the City Council of the City of Cape Canaveral believes that non - regulation of persons appearing nude in public places within the City of Cape Canaveral encourages persons and entities to advertise outside of the City of Cape Canaveral and the State of Florida by billboard, radio, print and other media the availability of nudity in public places within the City of Cape Canaveral and thus encourages the influx into the City of Cape Canaveral of persons seeking: (i) to observe and/or participate in such nudity, and (ii) to participate in the disorderly, harmful, and illegal conduct that is associated therewith, thereby increasing injuries and damages to the citizens of the City of Cape Canaveral who will be victims of such increased disorderly, harmful, and unlawful conduct and thereby working directly against the City of Cape Canaveral's economic development and tourism development activities; and WHEREAS, the City Council of the City of Cape Canaveral believes that commercial advertising and/or exploitation of nudity encourages escalation of nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health; and WHEREAS, the City Council of the City of Cape Canaveral believes that the commercial exploitation of women as exotic dancers and/or exploitation of any gender's nudity encourages escalation of nude and lewd conduct within the competing commercial establishments exploiting such conduct and thereby increases the adverse effects upon public order and the public health; and WHEREAS, the City Council of the City of Cape Canaveral believes that the prohibitions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is adverse to public order, health, safety, morality, and decency within the City of Cape Canaveral when such conduct takes place at locations where the public is present or is likely to be present, or where such conduct would be readily visible to the public; and WHEREAS, the City Council of the City of Cape Canaveral believes that the passage of this Ordinance is necessary to preserve the basic character of the City of Cape Canaveral; and City of Cape Canaveral Ordinance 18-2003 Page 3 of 12 WHEREAS, states may regulate the conduct of appearing nude in public places. See Pap's A.M. v. City of Erie, 812 A. 2d 591 (Pa. 2002); Michael Barnes v. Glen Theater, Inc. 501 U.S. 560, 111 S. Ct. 2456 115 L. Ed. 2d 504 (1991) and Cafe 207, Inc. v. St. Johns County, 856 F. Supp. 641 (KI). Fla. 1994), afPd, 989 F.2d 1136 (11th Cir. 1995); and WHEREAS, this Ordinance is substantially similar to the Seminole County public decency ordinance upheld as constitutional by Judge 0. H. Eaton, Jr. of Florida's Eighteenth Judicial Circuit in Koziara et al v. Seminole County, Florida, Case No. 99 - CA -511-16-E (April 23,2003); and WHEREAS, the City Council of Cape Canaveral has taken significant note of the fact that Seminole County and Brevard County are in the same state judicial circuit and that uniformity of judicial decisions in a particular circuit are favored by the courts; and WHEREAS, the City Council of the City of Cape Canaveral is not hereby prohibiting nudity in private places or prohibiting nudity which is protected by the United States Constitution or Florida Constitution; and WHEREAS, the City Council of the City of Cape Canaveral believes that the express exemptions contained in this Ordinance provide adequate protection to persons who, without such express exemptions, might otherwise be prevented or discouraged by this Ordinance from exercising constitutionally protected rights; and WHEREAS, this Ordinance is intended to regulate conduct, not speech; and WHEREAS, this Ordinance is a general ordinance regulating conduct and is not an ordinance that affects the use of land as contemplated by Section 166.041, Florida Statutes; and WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by referencii as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section Code Amendment. That Section 50-2 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby repealed in its entirety: (underlined type indicates additions �nd stfikeeWt type indicates deletions). City of Cape Canaveral Ordinance I8-2003 Page 4 of 12 S821120 1 g 3_ New Chapter 11, Cape Canaveral Code. That the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and s#+keedt type indicates deletions). CHAPTER 11 PUBLIC DECENCY Section 11-5. Title. This Chapter shall be known as the "City of Cape Canaveral Public Decency Code." Section 11-10. Intent. (a) It is the intent of this Chapter to protect and preserve the good order, health, safety, welfare, and morals of the citizens of the City of Cape Canaveral by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear or be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the City of Cape Canaveral. (b) It is the further intention of this Section to accomplish those intents and Section 11-15. Definitions. When used in this Chapter, the following terms shall have the following meanings: (a) Breast. A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (,the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is: (i) reasonably compact and contiguous to the areola, and (ii) contains at least the nioDle and the areola and 1/4 of the outside surface area of such gland. Buttocks. (For a short aeneral description see the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines runnina parallel to the around when a person is standing, the first or top such line beina 1/2 inch below the top of the vertical cleavage of the nates (i.e.,. the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance City of Cape Canaveral Ordinance 18-2003 Page 5 of 12 - - - - r. - - y - S821120 1 g 3_ New Chapter 11, Cape Canaveral Code. That the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and s#+keedt type indicates deletions). CHAPTER 11 PUBLIC DECENCY Section 11-5. Title. This Chapter shall be known as the "City of Cape Canaveral Public Decency Code." Section 11-10. Intent. (a) It is the intent of this Chapter to protect and preserve the good order, health, safety, welfare, and morals of the citizens of the City of Cape Canaveral by prohibiting a person from intentionally or recklessly appearing or being nude, or causing another person to appear or be nude, in a public place and in other places which may reasonably be expected to be observed by the public within the City of Cape Canaveral. (b) It is the further intention of this Section to accomplish those intents and Section 11-15. Definitions. When used in this Chapter, the following terms shall have the following meanings: (a) Breast. A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (,the darker colored area of the breast surrounding the nipple) and an outside area of such gland wherein such outside area is: (i) reasonably compact and contiguous to the areola, and (ii) contains at least the nioDle and the areola and 1/4 of the outside surface area of such gland. Buttocks. (For a short aeneral description see the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines runnina parallel to the around when a person is standing, the first or top such line beina 1/2 inch below the top of the vertical cleavage of the nates (i.e.,. the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance City of Cape Canaveral Ordinance 18-2003 Page 5 of 12 to, the oround and to the horizontal lines described above and which porgendicular outside lines pass through the outermost point (s) at which each nate meets the other side of each req. Notwithstanding the above, buttocks shall not include the leg, the hamstring muscle below the gluteal fold, the tensor fascige latae muscle or any of the above-described portion of the. human body that is between either: (i) the left inside perpendicular line and the left outside perpendicular line, or (ii) the right inside perpendicular line and the right outside verpendicular line. For the purpose of the revious sentence the left inside 22rpendicular line shall be an imeginary straight line on the left side of the anus: (i) that is perpendicular to the around and to the horizontal lines described above, (ii) that is 1/3 of the distance from the anus to the left outside line, and the right inside perpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ,ground and to the horizontal lines described above, and (ii) that is 1/3 of the distance from the anus to the right outside line. (The above d sari 'on can gongrally a describo as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.) (c) Entity. Any proprietorship, partnership, corporation, association, business trust, joint ,venture, ioint-stock company or other for profit and/or not for profit organization. (d) Nude. Any person insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully -opaque covering: (1) the male or female -genitals, or the pubic area, or the vulva, or the penis, or the female Breast (each female person may determine which of her breast surface area (see definition of breast) contiguous to and containing the nipple and the areola is to be covered): or (2) the anus, or (3) the anal cleft, or (4) the anal cleavage, or (5) the buttocks. Attire which iS insufficient to comply with this requirement includes, but is not limited to, G -Strings, T -Becks, dental floss and thongs. For the purposes of this subsection, body paint, body dves,tettoos. liquid latex whether wet or dried, string and dental floss and similar substances shall not be considered "opaque covering." (e) Person. Any live human being aged ten (10) years of age or older. City of Cape Canaveral Ordinance 18-2003 Page 6 of 12 (f) Places Provided Or het Apart For Nudity. Enclosed single -sex public restrooms, enclosed single -sex functional shower, single -sex locker and/or dressing room facilities, enclosed motel rooms and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals, the yard area of residences and similar places in which nuAity or exposure is necessafily, and customarily expected outside of the home and the sphere of privacy, constitutionally protected therein. This term shall not be deemed to include places where a person's conduct of being nude is used for his or her profit or where being nude is used for the promotion of business or is otherwise for commercial gain. (g) Public Place. Any location frequen,Aed by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. Public places include, but are not limited to, streets, sidewalks, parks, beaches business and commercial estatlishments (whether for profit 2r not for profit and whether oven to the public at large or where entrance is limited by a cover charge or membershig re uire ent or membership fee bottle clubs hotels motels, restaurants, night clubs country clubs rets and Meeting facilities utilized by any religious, social, fraternal or similar organization. Premises, or portions thereof such as hotel rooms, used solely as a private residence, whether permanent or temporary in nature shall not be deemed to be a public place. Section 11-20. Findings. In addition and supplemental to the findings and determinations contained in the recitals ("Whereas" clauses) of Ordinance 18-200$, which are incorporated by reference into this Section, it is the intent of the City Council of the Cityf Cape Canaveral to regulate the conduct of ap2eadna nue in 12ublic places for the ourpose of regulating nudity and other conduct. In addition, considering what has happened in other communities, the acts vrohibited in Section 11-25 of this Chapter encourage or create the potential for the conduct of adverse secondary effects such as, but not limited to, prostitution, attempted rape. , rape, and assault. Further, actual and simulated nWdity and sexual conduct in ou�lic places begets and has the potential for begetting undesirable ane unlawful behavior. Moreover, sexual, lewd, lascivious, and salacious conduct in public places results in the violation of law and creates dangers to the health, safety, morals, and welfare of the public and those who engage in such conduct. It is the intent of Section 11-25 of this Chapter to specifically Prohibit nudes, gross sexuality and the simulation thereof in public places. Section 11-25. Nudity, Sexual Conduct Prohibited. (a) No person shall knowingly, intentionally or recklessly appear, or cause another person to appear, nude, as defined in Section 11-15(d), or expose to public view his or her genitals, vulva, penis, pubic area, or buttocks,or any simulation thereof: (b) No person shall knowingly, intentionally or recklessly expose, or cause a female person to expose her breasts or any simulation thereof to public view: City of Cape Canaveral Ordinance 18-2003 Page 7 of 12 AW- (c) No person or entity maintaining, owning, or operating a public place shall) encouraae, allow or Permit any person to appear nude or to expose to public view his or her genitals, pubic area, vulva, penis, anus, or any portion of the buttocks or simulation thereof. This Section shall be violated if any portion of the buttocks is visible from any vantage point: (d) No person shall engage in and no person or entity maintaining, owning, or operatinq a public place shall encourage, allow or permit any sexual intercourse, masturbation sodomy, bestiality, oral co ulation fl ellation, I dancing, straddle dancing, any sexual act which is prohibited by law, touching, caressing, or fondling of the breasts, buttocks, anus, or genitals, or the simulation thereof: (e) Each female person may determine which 1/4 of her breast surface area (see definition of breast) contiguous to and containing the areola is to be covered: and this Section shall not be deemed to address photographs, movies, video presentations, or other non -live performances. (f) It shall be unlawful for any person to knowin ly, intentionally, or recklessly appear, or cause another person to appear, nude, as defined in Section 11-15(d), in a public place or in any other place which is readily visible to the public, except as provided in Section 11-30 of this Chapter, It shall also be unlawful for any person or entity maintaining. owning, or operatinq any Rublic place to encourage, suffer or allow any person to appear nude in such public place, except as provided in Section 11-30. Section 11-30. Exemptions. The prohibitions of Section 11-25 of this Chapter shall not apply: (a) When a person appears nude in a place provided or set apart for nudity, as defined by this chapter, provided: (i) such person is nude for the sole purpose of Performing the legal function(s) that is/are customarily intended to be performed within such place provided or set apart for nudity, and (ii) such person is not nude for the purpose of obtaining money or other financial gain for such person or for another person or entity. (b) When the conduct of beingnude can notleg ally be prohibited by this Chapter because: (i) it constitutes a part of a bona fide live communication, demonstration or performance by a person wherein sugh nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain(see for instance Board of Couniv Commissioners y Dexterhouse 348 So 2d 916 (Fla. 2nd DCA 1977)), ,and as such is protect by the United States Constitution or Florida Constitution qr (ii) it is otherwise protected by the United States Constitution or Florida Constitution. (,cc) A mother's breastfeeding of her baby does not under any circumstance violate the provisions of this Chapter. City of Cape Canaveral Ordinance 18-2003 Page 8 of 12 Section 11-35. Enforcement and Penalties. Any person or entity violating any of the provisions of this Chapter shall be prosecuted in the same manner as misdemeanors are prosecutedSuch Miolations shall be prosecuted in a court hav�iurisdiction of incident ors ar a occurrence of an act that violates this Chapter shall be deemed a separate offense. Section 11-40. Injunctive Relief. In addition to the procedures provided in this Chapter, persons and entities that are not in conformity with these requirements shall be subiect to appropriate civil action in the court of appropriate jurisdiction for abatement Section 4. Conforming Amendments to the Adult Entertainment Code. That Article IV of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Article IV. It is intended that the text in Article IV denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). ARTICLE IV. ADULT ENTERTAINMENT Division 1. Generally Sec. 10-86. Definitions. Specified anatomical areas means: (1) Less than completely and opaquely covered: a. Human genitals or pubic region; b. The anal deft of the human buttocks. Attire which is insufficient to comply with this requirement includes. but is not limited to, G - Strings, T -Backs, dental floss and thongs; C. Any portion of the human female breast be!Gw the top of the a (the celemd ring around the Aipple). This definition shall indude the City of Cape Canaveral Ordinance 18-2003 Page 9 of 12 provided the aFeela is not se expersed. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Breast. A portion of the human female mammary gland (commonly referred to as the female breast) including the nipple and the areola (the darker colored area of the breast surrounding the nipple) and an outside area of suchgland wherein such outside area is: (i) reasonably compact and continuous to the areola, and (i) contains at least the nipple and the areola and 1/4 of the outside surface area of such gland. Buttocks. (For a short general description §ee the last sentence of this subsection.) The area at the rear of the human body (sometimes referred to as the gluteus maximus) which lies between two imaginary straight lines running parallel to the ground when aperson is standing, the first or top such line being 1/2 inch below the top of the verticgl cleavage of the nates (i.e., the prominence formed by the muscles running from the back of the hip to the back of the leg) and the second or bottom such line being 1/2 inch above the lowest point of the curvature of the fleshy protuberance (sometimes referred to as the gluteal fold), and between two imaoinary straight lines, one on each side of the body (the 'outside lines"), which outside tines are peMndicular to the around and to the horizontal lines described above and which perpendicular outside lines pass through the outermost point (s) at which each nate meets the other side of each leg. Notwithstanding the above, buttocks shall not include the leg, the hamstring_ muscle below the gluteal fold, the tensor fasciae latae muscle or any of the above-described portion of the human body that is between either: () the left inside Perpendicular line and the left outside perpendicular line, or(ii) the right inside perpendicular line and the riht outside perpendicular line. For the pulpose of the Previous sentence the left inside perpendicular line shall be an imaginary straight line on the left side of the anus: (i) that is.perpendiiccular to the ground and to the horizontal lines described above. (ii) that is 1/3 of the distance from the anus to the left outside line, and the right inside penpendicular line shall be an imaginary straight line on the right side of the anus (i) that is perpendicular to the ground and to the horizontal lines described above and (ii) that is 1/3 of the distance from the anus to the right outside line. (The above description can generally be described as covering 1/3 of the buttocks centered over the cleavage for the length of the cleavage.) Sec. 10-136. Required. (a) Division 3. Permit for Employees Unless specifically excluded in subsection (b) of this section, it shall be unlawful for any person to obtain employment in an establishment licensed or permitted to operate under this article, for any form of consideration, OF tG exhibit OF display City of Cape Canaveral Ordinance 18-2003 Page 10 of 12 in an establishment licensed or permitted to operate under this article, unless and until such person shall have first obtained an adult entertainment permit or temporary permit from the city manager. (b) This division shall not apply to employees engaged exclusively in performing janitorial or maintenance services. Division 4. Operation of Establishments Sec. 10-172. Exhibit or display of certain anatomical areas by employees or patrons prohibited. It shall be unlawful for any employee of a commercial establishment, regardless of whether it is licensed under this article, where the employee knows or should have known that alcoholic beverages are on the premises, to exhibit or display the human female breast specified anatomical areas. Sec. 10-177. Adult dancing establishment. (2) No employee in an adult dancing establishment shall engage in the display or exhibition of specified anatomical areas, unless th positioned in an n Ar the immediately swFmunding aFea and enGGFApassiF;@ an aFea of at least Wo equ (3) No employee shall engage in any performance in view of a patron of the establishment including erotic dances,dang2s, unless thepedbrmance occurs on a permanent atform raised a minimum of eighteen (18) inches above the surrounding floor and encompassinganentertainment area of at least one hundred (100) square feet and at least three (3) feet from a patron. No patron shall be present on the._ platform or within the entertainment area during oerform@nces. City of Cape Canaveral Ordinance 18-2003 Page 1l of 12 Section b. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. c i n 6. Incorporation Into Code. This Ordinance shall be incorporated into the Cape Canaveral City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of ATTEST: ROCKY RANDELS, Mayor For Against Bob Hoog Jim Morgan Buzz Petsos SUSAN STILLS, City Clerk Rocky Randels Richard Treverton First Reading: Legal Ad published: Second Reading: Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney City of Cape Canaveral Ordinance 18-2003 Page 12 of 12