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HomeMy WebLinkAboutPacket 08-19-2003City of Cape Canaveral CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY August 19, 2003 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Brevard Museum of History and Science Exhibit to Celebrate the City's 40th Anniversary. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 15, 2003. 2. City Council Special Meeting Minutes of July 29, 2003. 3. Outdoor Permit for the Walk for Bibles Event Sponsored by the Brevard Baptist Association. 4. Resolution No. 2003-30; Reappointing a Regular Member to the Planning and Zoning Board. (Beatrice McNeely) CONSIDERATIONS: 5. Motion to Approve: Cooperative Purchase to Landscape the Al A Welcome Sign to Vila & Son Landscaping in the Amount of $17,155.53. 6. Motion to Approve: Authorization to Bid Manatee Sanctuary Park Restroom/Pavilion Project. 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 2 7. Motion to Approve: Amendment to the Police Service Contract to Purchase Additional Capital Equipment. 8. Motion to Approve: Quarterly Budget Report and Transfers for the Third Quarter Ending June 30, 2003. ORDINANCES: Second Public Hearing: 9. Motion to Adopt: Ordinance No. 03-2003; Establishing Height and Density Requirements for Landscaping, Screening, Fencing, Walls and Hedges. ORDINANCES: First Public Hearing: 10. Motion to Adopt: Ordinance No. 18-2003; Repealing Section 50-2 and Amending the Adult Entertainment Code, for second reading. 11. Motion to Approve: Ordinance No. 22-2003; Amending Section 5447; Vessel Control and Water Safety, for second reading. 12. Motion to Approve: Ordinance No. 23-2003; Amending Section 62; Collection of Solid Waste and Recoverable Materials, for second reading. 13. Motion to Approve: Ordinance No. 24-2003; Amending Code Section 34, Article II, Litter, for second reading. 14. Motion to Approve: Ordinance No. 25-2003; Amending Chapter 34, Relating to Inoperable Vehicles, for second reading. 15. Motion to Approve: Ordinance No. 26-2003; Amending Chapter 54, Commercial Solicitation, for second reading. DISCUSSION: 16. County Fireworks Regulation. REPORTS: 1. City Manager 2. Staff 3. City Council City of Cape Canaveral, Florida City Council Regular Meeting August 19, 2003 Page 3 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. Memo To: BENNETT C. BOUCHER, CITY MANAGER From: BUSINESS & CULTURAL DEVELOPMENT BOARD Date: 7/17/2003 Re: CITY COUNCIL AGENDA ITEM The Business & Cultural Development Board welcomed Ms. Odalys Smith, Assistant Director, Brevard Museum of History and Science, to its July 16, 2003 meeting. In celebration of the 40th Anniversary of the City of Cape Canaveral, the BMHS would like the opportunity to promote the City within the museum by offering space and maintenance for a 4-6 month educational and informative exhibit. There would be no cost to the City; however, it would be the City's responsibility to provide the museum with memorabilia, pictures, information, etc. In addition, the museum would offer a special discount for the citizens of the City of Cape Canaveral. The Business & Cultural Development Board unanimously agreed that this would be a worthwhile partnership and is recommending that Ms. Smith have the opportunity to make a presentation to the City Council at the August 19, 2003 meeting. Additionally, the Business & Cultural Development Board is recommending that the City consider membership in the BMHS. Attached is membership information for council's review. Respectfully submitted, Bertie Edwards, Chairperson Il.'i' ilii Attachments 0 Page 1 JPtLP M& 4v �G y�sroRY 9L�� BREVARD MUSEUM OF HISTORY AND SCIENCE 2201 Michigan Ave. • Cocoa, Florida 32926 • (321) 632-1830 Trustees July 16, 2003 President Courtney Carlson City of Cape Canaveral Business and Cultural Development Board bice -President 105 Polk Avenue Chris DeLorey P.O. Box 326 Cape Canaveral, FL. 32920 Secretary Jennifer Tucciarone Treasurer Dear Board Members, Charles Radloff On behalf of The Brevard Museum of History and Member at Large Billie Barton Science, we would like to thank you for the opportunity to introduce our museum. The BMHS is a non-profit Carol Ellis 501 (c) (3) corporation. We pride ourselves in helping to serve the community by presenting temporary Brenda Fettrow exhibits that recognizes our past and present history of Brevard County. The Museum is dedicated to Ric Holt promoting the discovery, understanding, responsible use, and enjoyment, of the natural world to the public, PatMastropaoio by encouraging and developing in them, a working Michael Miller knowledge and appreciation of Brevard History and Natural Science. Ed O'Connor Congratulations on the 40" Anniversary of the City of Nancy Pender Cape Canaveral. What a wonderful opportunity for a partnership between the BMHS and the City. We would Susan Schleith like the opportunity to promote your beautiful city within the museum by offering the public a glimpse of Delores Spearman what the city has offered through the many years. We can work together to make this exhibit possible by Hilary Steinberger providing the museum with memorabilia, pictures, Executive Director information, etc. With some creativity the possibilities JaNeen Smith of a great exhibit celebrating the City of Cape Canaveral's 40"' anniversary are wide open. cuiddRep The museum would offer space and maintenance for Sue Perry your educational and informative exhibit. A 501(C)(3) NOT FOR PROFIT CORPORATION The museum will also offer a special discount for the citizens of the City of Cape Canaveral. We look forward to working together and we are opened to any ideas that the board may have in helping you celebrate this special occasion. Respectfully Submitted, Dd-t+ I'A Odalys Smith Assistant Director The Benefits of Membership As a member of the Brevard Museum of History and Science, you support an organization that cares for, and exhibits items from our local history. Our goal is to educate the museum visitor by displaying high quality permanent and traveling exhibits, and providing public programming. All corporate memberships are tax deductible to the full extent of the law. The Brevard Museum, Inc. is a qualified 501 (C) (3) not for-profit corporation. Each membership level includes an invitation to our annual open house and recognition in our newsletter. COOATE MEMItHIPS Associate Business $500 - $29500 Platinum Member - $10,000 20 Museum Visitor Passes Silver Member :. $39000 • 30 Museum Visitor Passes Two Free Conference Room Rentals Gold Member - $5,000 • 100 Museum Visitor Passes Two Free Conference Room Rentals Tour and Reception for 20 People • Free admission for 6 to special events Dinner for 4 with a Brevard state senator Permanent recognition on our donor wall • One free facility rental . 50 Museum Visitor Passes Two Free Conference Room Rentals Endowment - $500 and up Tour and Reception for 20 People Recognition in annual mailing • SPONSORSHIPS The museum has a vadety.of sponsorship opportunities to meet your needs, including traveling exhibits, permanent exhibits, collections, picnic pavilion, 22 acres of nature trails N and conference room. Some .of these opportunities are described below. Special Exhibits $5,000 to $50,000 The museum's largest exhibit hall is dedicated to temporary exhibits that are either created by the museum staff, or rented from other museum's. Usually a temporary exhibit will be on dis- play for 4 months. Sponsorships range from $5,000 for an in-house exhibit to $50,000 for. a first class exhibit that would draw visitors from the entire region. -Sponsors would be-reeog- - WIN in all literature, press releases, and signage associated with an exhibit. .-Permanent Exhibits $1,000 and up The museum's permanent exhibits must be fabricated and maintained. and refurbished. Each sponsor,weuld be recognized in the signage associated with the exhibit. Travelling Exhibits — $1,000 to $100,000 Traveling exhibits range from trunks of artifacts sent around to area schools to complete exhib- its that are rented to other museums. Sponsors of major traveling exhibits will get state and regional exposure. Facilities — $1.0,000 and up Call us about sponsoring a room, hall or even entire building. Member Since: Exp. Date: Contact Person: New or I] Renewal Membership Name of Business Membership Level ❑ $500 - $2,500 Associate Business Address ❑ $3,000 Silver Corporate Member ❑ � City, State, Zip $5,000 Gold Corporate Member ❑ $10,000 platinum Corporate Phone and/or e-mail ❑ Donation to the BMHS Endowment Fund Method of Payment ❑ Check (Payable to BMHS) all Me ` ❑ Call.me about sponsorship opportunities' ❑ visa Cred -Card # Exp. date ❑ Mastercard ❑ American Express Amount Enclosed Signature a14�1 � , ??� .tea►. � - aBn;sod sola 966Z£ 1-4'noDc GAY uaBILPIW t 0i 001,19tx pun /,Jo.tsty -to woosmq Fap::o w belie CAP rr-f-. ry � rD W 52 tD 1�phe. It m r.� A 4 Jt Frb I'll rA 00 It COO* CO2 CID CID 0-1 CO w � —� CX3 C-2 CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 15, 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 Attorney Anthony Garganese City Clerk Susan Stills Public Works Director Ed Gardulski Absent: City Manager Bennett Boucher PRESENTATIONS: National Night Out Program for Tuesday Night, August 5th Deputy Dee Meisner reported that the National Night Out would be expanded to include the Navy and the Coast Guard and a Blood Drive through the Red Cross. She circulated a roster to obtain at least 20 participants in the Blood Drive. The Night Out would provide food and prize drawings in a carnival atmosphere to include a band from a local club and patriotic music played intermittently. Deputy Meisner stated that she also planned to distribute child identifier kits for parents to take home. The kit has placeholders for a photograph as well as right and left thumbprints. Parents can update the kit annually. She would also provide a medical information kit for parents to complete and retain with City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 2 their children's medical history. Deputy Meisner reviewed some of the other planned activities. She desired to have local businesses to display but not to sell their goods during the event. Deputy Meisner received flags from the Recreation Department that she would distribute during the event. She invited the Mayor and Council to speak during the event. Mayor Randels asked if a PA system were needed. Deputy Meisner would research securing a speaker system and a tent. She reported that the Teens of Canaveral would assist with the event. Cape View Elementary School will promote the event during school registration. Deputy Meisner reported that she would use the Sheriffs office media kit to cover inviting the media. She mentioned that the Customs Department would also participate in the event with a showing of their trained dog. Council agreed to cancel the August 5t' City Council meeting in order to participate in the event. Mayor Randels asked if any funds were required. Deputy Meisner reported on anticipated costs. Mayor Randels replied that the City could pay the cost of the insurance for the Play Tent. He reported that there were also discretionary funds in the Recycling Fund to defray some of the expenses. Deputy Meisner replied that magnets were the only cost at this time. Mr. Petre inquired about using professional food handlers. Attorney Garganese responded that he was not aware at this time if a permit were required to dispense or handle food. Deputy Meisner said that she had secured a sales tax permit only. She related the time for the event as 5:30 P.M. to 7:30 P.M. but the time might extend if a large crowd attends. She concluded by again inviting Council members to speak at the event as well as to prepare the food. Mayor Randels commented on media coverage and announced that Ann Samuels had officially retired from the Space Coast Press/ Tribune. Deputy Meisner provided a Florida Today reporter in the audience with her contact information. North Ridgewood Avenue Stormwater Project Concept Mr. John Pekar displayed an exhibit showing Harbor Drive and stated that the pond is a shallow 2 Y2 -foot retention area, heavily landscaped within the rights-of-way. He informed that 300,000 cubic feet of stormwater would percolate into the ground through this project. Subsequently, with every inch of rainfall about 6,000 cubic feet of stormwater would be retained. Mr. Pekar pointed out the existing trail on the plans. He mentioned the potential for areas to sit. Mayor Randels stated that the pond is very near the Harbor Oaks condominiums. Mr. Treverton inquired about loss privacy screening. Mr. Pekar replied that the pond is actually adding screening through the proposed landscaping. Mr. Pekar stated that he and Mr. Boucher intended to work with the residents in the area on a concept plan. The Council's consensus was to proceed with the Stormwater project concept for North Ridgewood Avenue. Mr. Nicholas asked if the Beautification Board could have a courtesy presentation. Mr. Pekar affirmed that he would show the Board the concept plan and then proceed to show the local Homeowners Associations. Mr. Nicholas requested a date and time to schedule a Special Meeting for the Beautification Board. City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 3 CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 1, 2003. 2. School Resource Officer Agreement with the City of Cocoa Beach. 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 Mayor Pro Tem Petsos and seconded by Mr. Hoog to Approve Consent Agenda Items No. 1 and 2. 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: 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. Mayor Randels read Ordinance No. 19-2003 by title. 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 explained that the new portion of the proposed ordinance under Section (3) places the burden of proof on the owner to show that 51 percent of restaurant sales originated from the sale of food. Under Section (B), any special exception granted under this section may be temporarily suspended or absolutely revoked by the Board of Adjustment at a Public Hearing. Mr. Gene Petre inquired if a non -conforming establishment is sold, would the new owner be required to comply with the 300 -feet code if the liquor license is sold. Attorney Garganese replied that the establishment would maintain its nonconforming status when the license is transferred, unless the nonconforming status is deemed expired by law. Mayor Randels replied to Mr. Hoog that the previous license for the former Rich's restaurant forfeited their permitted use through non-use. Mr. Bill Hanson of the Grace Presbyterian Church asked how the 300 -foot distance is measured. Attorney Garganese read from Section 110-171 of the code and stated the required measurement "is to be made from the main entrance of the establishment to the closest lot line of the church, school ground or playground by City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 4 following the shortest route to ordinary of pedestrian travel on the public thoroughfare, street or road." A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Petsos to Adopt Ordinance No. 19-2003 at 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. 4. Motion to Approve: Ordinance No. 20-2003; Amending Section 1-15 of the City Code, Relating to General Penalties. Mayor Randels read Ordinance No. 20-2003 by title. 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. There was no public comment. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Adopt Ordinance No. 20-2003 at 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. 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. 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 15, 2003 Page 5 Mayor Randels summarized that 1) in Section 110-1 under definitions, compact car parking spaces were removed; 2) in Section 110-470 (a) and (b), the height of a hedge could now exceed six -feet with the exception of 25 -feet within the right-of-way, 3) in Section 110-470, the clause was removed for R-1, R-2 and R-3 regarding hedges around a permanent swimming pool in the rear or side area and added in the subsequent Section, "a fence or a wall is used to meet the requirements, the fence or wall shall have a minimum requirement of 6 -feet and a maximum height of 8 -feet." Discussion followed on the applicable zoning district. Mayor Randels proceeded with Item No. 5 that added, "The finished side of a fence shall face the abutting property or the public right-of-way." Also added, "if a chain link is used for fencing the same will have a top rail and be coated with rubber or vinyl material." Mr. Hoog questioned this requirement. Council discussed the requirement further and agreed to amend the language to read, "If the chain link is used for fencing the same will have a top rail. The fencing must be coated in a rubber or vinyl material." Mayor Randels proceeded with Item No. 6, under Section 110-470, which would add the word fences. He read "no words or symbols other than street addresses or names of occupants in residential districts shall be permitted on exterior boundary fences or walls." Mayor Randels inquired as to the Planning and Zoning Board's intent. Mr. Lamar Russell, Planning and Zoning Board Vice -Chairperson, explained that by defining what would be allowed on a fence was the intent in order to define what is disallowed such as graffiti. Mr. Hoog inquired about allowing a logo from the company that installed the fence. Mayor Randels requested to allow for the company logo sign but to perhaps limit the size. Discussion followed on size requirements and agreed to 32 -square inches. Mr. Petre inquired if holiday decorations are included on what is allowed on a wall. Council concluded not to regulate holiday decorations. Mayor Randels proceeded to Item No. 6, Section 110-470 (b), and Paragraphs 1 through 5 that were created to regulate hedges. He read, "Hedges may be permitted in any yard except as specified in Section 110-469, providing the following restrictions shall apply." Such restrictions are, "Any hedge planted to satisfy the visual screening requirements within this section of this code shall have a minimum height at the time of planting of three -feet and it will be required to reach a minimum height of six -feet or a density of at least 80 percent within two years of planting. " Mr. Russell stated that the initial size requirement was to ensure landscaping between commercial and residential properties. In summary, property that is developing or redeveloping is required to adhere to this code. Mr. Hoog commented on the removal of hedge requirements in a residential zone. He referred to Code Enforcement intervention due to hedge growth on a home at the corner of Lincoln Avenue. Mayor Randels replied that the hedge under discussion extended into the right of way that became a violation of code. Mr. Hoog expressed that he was not completely in favor of the proposed ordinance. Mr. Russell explained that the fence, wall and hedge ordinance was established to avoid extreme differences of opinion between neighbors and to establish a standard on the size however the Board had not developed the perfect ordinance. He stated that hedges City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 6 were not part of the initial discussion. Mr. Russell concluded that the Board's decision was to allow people to plant what is acceptable from the City code landscape list. Mr. Hoog inquired why the Board chose to regulate landscape growth height in the commercial area. Mr. Russell replied that businesses provide the City's aesthetic face along the main thoroughfares. Commercial noise however was problematic for adjacent residential neighbors and barriers between the two provided a resolution. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Morgan to Approve Ordinance No. 03-2003 at first reading. The vote on the motion carried 3-2 with voting as follows: Mr. Hoog, Against; Mr. Morgan, Against; Mayor Pro Tem Petsos, For; Mayor Randels, For and Mr. Treverton, For. 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. 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. Attorney Garganese explained that a routine review of the City code found Section 50-2 deficient based on two United States Supreme Court cases that came about regulating public nudity. The Council directed the City Attorney to amend the City's code in light of those court cases. Attorney Garganese stated that Brevard County has adopted a Public Nudity that prohibits public nudity in public places. When Brevard County adopted this law in 1995, the County made this law applicable and effective in all municipalities in the County. Attorney Garganese stated that under the current state of the law public nudity is prohibited in public places in the City of Cape Canaveral. He stated further that if the Council did not adopt Ordinance No. 18-2003, the County's ordinance still applies unless the Council deemed it necessary to opt -out of the County's Public Nudity law. He recommended that Section 50-2 be eliminated from the City code since it is an old provision and subject to inconsistency with the County code. He advised that Section 50- 2 be stricken and create conforming amendments to the Adult Entertainment code that would comply with Brevard County's definitions. Mr. Treverton asked how much of the language is required to keep the City's Adult Entertainment ordinance in effect. Attorney Garganese replied that the Adult Entertainment code is effective as it stands. City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 7 Attorney Garganese asked if the Council desired to rely on the County's code. He stated in review that Section 3 of the ordinance should be eliminated and to adopt Section 2 on first reading that repeals Section 50-2. Section 4 would also remain and the ordinance would be renumbered accordingly. Attorney Garganese stated that the conforming amendments to the Adult Entertainment code within the proposed ordinance would remain and the "whereas" clauses would be replaced with recitals to the Brevard County ordinance. The Council agreed to adhere to the Brevard County Public Nudity Code. Mayor Pro Tem Petsos requested to see how the County provides enforcement and subsequent penalties under it code. Mayor Randels stated that he found the ordinance presented acceptable, however the City Attorney is instructed by the Council to return with an ordinance that followed the language from the County code. Attorney Garganese advised that if the Council did not choose to opt out of the County's public nudity law, then Section 50-2 should be removed and the conforming amendments to the Adult Entertainment code should conform with the County's public decency law that is similar to what is presented in Ordinance No. 18-2003. Mr. Treverton asked if any municipality has opted out of the County's public nudity law. Mayor Pro Tem Petsos replied that the City of Cocoa Beach had opted out. In conclusion, the City Attorney would provide language from the County ordinance as well as research on the ordinance from the City of Cocoa Beach. Attorney Garganese stated that the Brevard County ordinance is similar to what is presented in the proposed ordinance in terms of the clothing requirements. A motion was made by Mr. Morgan and seconded by Mr. Hoog to Approve Ordinance No. 18-2003 for discussion at First Public Hearing. Attorney Garganese recommended that the Council withdraw the motion by unanimous consent. Mr. Morgan as the maker of the motion and Mr. Hoog as second withdrew the motion from the floor. REPORTS: 1. City Manager • No report at this time. 2. Staff City Clerk • Ms. Stills announced that Candidate qualifying for the General Election begins on August 22nd at Noon and ends on September 5th at Noon. She would provide the Council an Election schedule. City Attorney City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 8 • Attorney Garganese recommended an add-on item to cancel the City Council meeting of August 5, 2003. A motion was made by Mayor Pro Tem Petsos and seconded by Mr. Treverton for an Add-on Item. 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. Hoog to Cancel the City Council Meeting of August 5, 2003. 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. 3. City Council Mr. Morgan • No report. Mr. Hoog • No report. Mr. Treverton • No report. Mayor Pro Tem Petsos • Mayor Pro Tem Petsos requested that the Youth Center receive the existing City Hall marquee when a new digital sign is installed. • Mayor Pro Tem Petsos requested the results of the traffic study count. Mayor Randels • No report. AUDIENCE TO BE HEARD: Mr. Nicholas expressed a concern with the 300 -foot distance limitation between restaurants that serve alcoholic beverages and churches, schools and playgrounds. Mayor Randels replied that the City Attorney would need to develop language that would state the Council's intention. Discussion followed on whether to make the distance require from structure to structure. Mayor Randels summarized that the Council would review Section 110-171 referring to distance requirements. Based on the existing ordinance - have the Building Department apply Section 110-171. Mr. Bill Hansen asked for official notification on the concluding evidence to determine measurement between the two properties. Mr. Hoog pointed out that the existing entrance could change. City of Cape Canaveral, Florida City Council Regular Meeting July 15, 2003 Page 9 Mr. Mike Stevens spoke on fireworks enforcement. He reported on the loss of sea turtles and birds due to fireworks expelled on the beach. Mayor Randels explained that in order to issue a citation the act must be witnessed. Mr. Stevens reported that there are no signs on the fences at the beach ends to prohibit dogs or fireworks on the beach. He related that people from out-of-state are unaware of existing regulations. Mr. Petre suggested more frequent law enforcement coverage on the beach. Mr. Petre also noted that the condominiums do not display any signs regarding regulations on the beach. Mr. Hoog summarized that the best resolve would be to write letters to the legislature to prohibit the sale of fireworks. ADJOURNMENT: There being no further business the Chair adjourned the meeting at 9:30 P.M. Rocky Randels, MAYOR Susan Stills, CITY CLERK CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 29, 2003 5:30 P.M. MINUTES CALL TO ORDER: Council Members: Council Member Bob Hoog Council Member Jim Morgan Mayor Rocky Randels Mayor Pro Tem Buzz Petsos Council Member Richard Treverton Others Present: City Manager Bennett Boucher City Clerk Susan Stills City Treasurer Andrea Bowers Public Works Director Ed Gardulski Recreation Director Nancy Hanson Fire Chief Dave Sargeant, CCVFD RESOLUTION: Resolution No 2003-29; Adopting a Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes for FY 2003/2004. Mr. Morgan pointed out that the voting order listed on the Resolution was out of order. Mayor Randels made note to correct the voting order. Mayor Randels read Resolution No. 2003-29 in its entirety. Mr. Morgan spoke in favor of the budget presented. Mayor Pro Tem Petsos concurred. Mr. Treverton expressed his hope that with the growing tax base expenditures would decrease. Mayor Randels said that the City of Cape Canaveral could provide the higher level of service and still conserve $1.04 per thousand of dollars on the millage. Mayor Randels asked three times if there were any comment from the public. There was no public comment. City of Cape Canaveral, Florida City Council Special Meeting July 29, 2003 Page 2 Mayor Randels asked if there were any comments from staff. Mr. Boucher replied that Mr. Gardulski was working on the use of inmate services along with Beautification funding. Mayor Randels reviewed the approved tax rates and stated that on the Police services tax 2 mills was approved and 1.75 would be used, on the Fire services 1.50 was approved and 1.2060 would be used, on the Beautification .50 was approved and .4504 would be used and on the Library .50 was approved and only .05 have been used. He stated that the millage is approved for each fund's specific use. Ms. Bowers reported that she had spoken to Ms. Escapa and the Brevard County Library Services Director and found that the City is not responsible for maintaining the building. The City is responsible for grounds maintenance and insurance only. Chief Dave Sargeant expressed his concern that 82 percent of the City's ad valorem for Fire/ Rescue pays for the service, however only 55 percent of the Sheriff's ad valorem pays for Law Enforcement services. Chief Sargeant replied to Mr. Treverton that he would favor a decrease in the Fire ad valorem. Mayor Pro Tem Petsos stated that he would favor reducing taxes in a subsequent year. Chief Sargeant brought out that the previous year the Council raised the Fire ad valorem and found $140,000 to pay for Law Enforcement service. Mayor Randels asked if the Fire capital expenses were lower? Chief Sargeant replied that there are future capital expenses on the horizon. Mr. Boucher explained that there is $140,000 in the Fire Capital Fund and $175,000 anticipated. He stated that by the time the Fire equipment purchase is needed, the money would be there. Chief Sargeant restated that he favored seeing the ad valorem between the Fire and Law Enforcement more in line. Ms. Bowers stated that the City of Cape Canaveral has the lowest tax rate however the population is growing and demanding more services. Mr. Morgan responded that the need might plateau with a decrease in the demand for services. Mayor Randels cited that the City's millage value increased and the City is faring well due to growth. Mr. Hoog questioned the Chief on Fire Department staffing. Chief Sargeant replied that staffing would increase at the Port, however an administrative staffing increase might occur, as he would need an additional person to keep up with State mandates. Chief Sargeant related however that his staff could not afford to live in the City. Mr. Morgan expressed that affordable housing was not adequately addressed in the City's Comprehensive Plan. Chief Sargeant reported that six emergency calls per day are run on an average. Chief Sargeant replied to Mr. Hoog's question and reported that a minimum staffing requirement of three paid fire personnel per unit is an upcoming mandate. Mayor Pro Tem Petsos requested information on the Florida League of Cities position on such a mandate in light of Home Rule. Chief Sargeant stated that staffing was adequate at this time. There was no further discussion on the Special Meeting item. City of Cape Canaveral, Florida City Council Special Meeting July 29, 2003 Page 3 Mayor Randels announced that the City Manager's office would distribute a citywide newsletter He also announced the National Night Out sponsored by the Sheriff's Office on Tuesday, August 5th from 5:30 to 7:30 P.M. Mayor Pro Tem Petsos requested to have the National Night Out article be placed on the front page of the newsletter. Council agreed to switch the placement of the Night Out article and the Community Emergency Response Team article. Mayor Randels stated that the newsletter printing cost would be paid from the Contingency Fund. A motion was made by Mr. Hoog and seconded by Mr. Morgan to Adopt Resolution No. 2003-29; Adopting a Tentative Proposed Millage Rate for the Levy of Ad Valorem Taxes for Fiscal Year 2003/2004. 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. ADJOURNMENT: There being no further business the meeting the Chair adjourned the meeting at 5:55 P. M. Rocky Randels, MAYOR Susan Stills, CITY CLERK Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Consent Item 3 No. The event will start at the First Baptist Church, 8711 N. Atlantic Avenue and proceed north to Jetty Park. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSENT: OUTDOOR PERMIT FOR THE WALK FOR BIBLES, SPONSORED BY THE BREVARD BAPTIST ASSOCIATION DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider the approval of the Outdoor Entertainment Permit for the Walk for Bibles, sponsored by the Brevard Baptist Association. Summary Explapation & Background: See attached application. This is a non-profit group, and they are requesting to be exempt from fees, $500 per day and $500 clean-up bond. The event will start at the First Baptist Church, 8711 N. Atlantic Avenue and proceed north to Jetty Park. I recommend approval with the requested exemptions. Exhibits Attached: Application package' City Manager`s Office Department ADMINISTRATION naps—nr.),inm\myaoctM2Rr-s\xetmin\council\meeting\2003\08-19-03\bibles.doc Jul 09 03 05:01p Kim McIntire 321-868-1224 P.1 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. Date: '8- % 'I lie applicant or representative agrees to be onsiteat all times empowered with authority overall aspccv� of the event and empowered to act for the applicant. Name of Applicant: Title-, k y- C ci Firm: Addrez,s.-SLIC'-7 \j C Telephone: -7 FAX: Liq C- S - Local C I ontact: Local Address (it difluent from above)___ TypeofLvent: Event Date(s) in Cape Canaveral: U AM Location(s): Date(s) 'I ime T-7-a;'cr\ Q ' fx-, Qlee n<llfvt'l <Sllk Vc" Attach map(s) indicating event area and designated parking areas. 1 11'rat'ric Control IS(rcet Closing (Other llj%c nt'Police/Fire Rescue Equipment Nchicic%/Fquipment on Beach I Vehicle Parking on City property 4.� By 3ivtin — lhz ZWC lekooi Jul 09 03 05:01p Kim McIntire 321-868-1224 p.2 INSURANCE; A written public liability insurance policy insuring the person staging, promoting or conducting, the outdoor entertainment event against any and all claims and demands made by any person for injuries received in connection with the staging, promoting, conducting or attendance of or at the outdoor entertainment event, written within limits of not less than 5300,000.00 damage or injury to any one person for bodily injury or otherwise, plus 525,000-00 damage to property, and for nut less than $500,000.00 for damages incurred or claimed by more than one person for bodily injury or otherwise, plus $50,000.00 for damages to property. The original or duplicate Of such policy shall be attached to the application fix a special outdoor entertainment permit, together with adequate evidence that the premiums arc paid. Name of Insurance Co: �C���t-aClt ,; �� ylS �'il1C�_ PolicyNo: E:xpiralion Date ll. FROMOTIONAL AUT11ORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee'-, name and project for public relation purposes and other media related purposes. III. F:XPCNSE;S/FC ES The applicant agrees to pay the City, in advance, fix any services provided by the City at the City's usual rates and any other permit fees that may he applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Nun-prolit organizations may seek a waiver of any of the outdoor entertainment code requirements if tlic sections waived dealing with the health, satety and welfare of those in attendance, as well as the general public, have been otherwise provided for as required by said code. list any exemptions you arc seeking. Date Applicant or Represetatative/Title Approved by City of Cape Canaveral: City Representative's Namc: -?7:ie O n 0A 1--, Signature�,7 Applican�,tiih: 66 'Cp a copy of this approved permit and attachments on the day of -the event within the City of Cape Canaveral. For further intbrmation. please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, Fl. .32920 Phone: (:321) $68-12:30 Fax: (321.)868-1224 �%R• .Ta .. .`c'£•1�r^j .5�.Jf•-•5__i,•': :!- •t ..^> ,A c.:� _ �cf=��y _�_�yi.';.Y=�."+`^.tom ,y?....�:?��.�r '' - 'aa�,'' .c.--`J".f• R9 7'r-' % a•.i�✓•i�� Tti1F9TrS��:• il �• sem:..r•'�-i.,' 2t�'�t'rii't'..% "z' 3j C i si?r �r-I .:�� Ir '•-'9°�'_.n-'�y�K--uy%-;.:� .1-Xs-'F.� ��T iY�C+r`.1,"v.y-`►_ - - .».'F 'ic?�-X-'e. 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DR ■ -1 J���'.Y; Park N ?cM•_ .rh inn■ I ■ = DANAVERAL SANDS n1ANS;ON U.5 �rCEAN OA(.$ CONGO rSF Cus10r15 ¢ eRe TNRIN �R I I 40l EBB TIDE AP i S I ocEaN. ?�5 r e Lwin E7lOGD \ L , WE OAR CT SEAFORT Ga 2 NONEySUCRIE• a EACH v C7 R r { OIEANOER CT Nagai 'R r� g R. ­� 5 COCOA Cr osa u wade ow :CRaI oR I e FAtM avr -- T FAUN ErfO CT CA POEM jI t ear1TAN Vr'r N A 8~ T e 5 • / • 10 CROTON C7 S AN V.:,{..(}u OLLy✓ II GRADE cT. 10 13 HIBISCUS CT ITR NTRPL 9tVb 13 it 15 1+LANTANA C. CAMEUA CT SURF OR 15 JASMINE CT CL f 175 BAY CT . 11 OCEO LINOSEy it SNNtw0005 Bl ANAVERI` a`.lQ T E. PARK VILLAS A NOLER 5T ERIE DOWN LA AN q N ■ QbLOEN GATE MANOR r--IP.Irtts � Qxne Down 2�H WASHINGTO y Park ADAMS = © AV SABAL PALMS n0. AVON ARMS APTS QG A JEFFERSON ARMS MADIs �Q� SETON BY THE SEA �aOtaR �U17 - VILLA DEL MAR APTS L - JACxSON •ar, MORGAN MANOR i AV SEA JADE NARRI91 N�'�< ® A RIDGEWOOD TYLE c-< UA ERA SANDS CANAVERAL TOWERS CAPE WINDS ■� AV TAYLOR TERRACE FI SAND PEBBLES PIER �-A--V SEA SHORE ESTS NAN rnv WINDJAMMER LIN AV CASA DEL MAR APTS JOHNSON ARMS N,O SIESTA OEL MAR E — THE SEA GRANADA HOUSE U AV CORAL SEAS t:ARF,ELU� A RICHARD ARMS APTS r"u LA MER APTS Im vim ELAND AV I Stow LAS PALMAS APTS , an VRE LAN A IN MC R(NLEY ��T WINSLOW BEACH OSEVEL74V u� IERIOL ,OR' _ T T A =UR LAS ROOSEVELT GARDEN APTS asoN LDS DDS ' AROING A _ SURF SIDE VILLA onto AV DISCOVERY BEACH IF YO COCOA BEACH TOWERS 77■ PULSIAl ER crq'U. nenl'h floc Tvnstowo OLA GRANDE �7/— CHATEAU BY 711E S <i // COCOA BEACH CLUB 1—'F�+us oras u SUNRISE TOWER Park u J OCEANSIDE VILLAS ALACHUa COURT APT m MARK DUIe ATIANTIOUE APTS u vlua vls7a E I DRIFTW000 VILLAS u SEA OATS L, a'�SEA GULL MOTEL c—�yr"ErtR4iAFtfQtiG niIIEX�S'Y� y,[ r r%�a --�ifoeddVB.�f�rCk}p1.F.`3mbcr • 7-' MAJESTIC SEAS ac4 Plaza i=CONOUISTAOOR .CROSSWAY BEACH APTS DOLPHIN BEACH APTS �SANOPRINT - -SANDY WAVES -BUENA VISTA LA RNIERE ;UN PALMS AFRALO SEAS LSATURN s Jsa -WINDRUSH DIPLOMAT WINDWARD EAST r Jam\' � IE EA CA ASC eEOLA S ARr 11DEV Ray Js,A LA • 7-' MAJESTIC SEAS ac4 Plaza i=CONOUISTAOOR .CROSSWAY BEACH APTS DOLPHIN BEACH APTS �SANOPRINT - -SANDY WAVES -BUENA VISTA LA RNIERE ;UN PALMS AFRALO SEAS LSATURN s Jsa -WINDRUSH DIPLOMAT WINDWARD EAST r CERTIFICATE OF INSURANCE DATE (MM/DD YY) 7 -28-2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION PETRUCCI INSURANCE AGENCY ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 1199 S. ROCKLEDGE BLVD #10 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. ROCKLEDGE, FL 32955 COMPANIES AFFORDING COVERAGE 321-632-1200 COMPANY A SCOTTSDALE INSURANCE CO OH INSURED COMPANY BREVARD BAPTIST ASSOCIATION INC SPACE COAST B 8907 N ATLANTIC AVE COMPANY C CAPE CANAVERAL, FL 32920 COMPANY D COMPANY E COVERAGES THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAME ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MM/DD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS GENERAL LIABILITY GENERAL AGGREGATE 2,000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS MADE [K OCCUR CPS0587624 06/12/2003 06/12/2004 PRODUCTS - COMP/OP AGG. $ 1,000,000 PERSONAL & ADV. INJURY $ EXCLUDED EACH OCCURRENCE $ 11000,000 OWNER'S & CONTRACTOR'S PROT. FIRE DAMAGE (Any one fire) $ 50,000 MED EXPENSE (Any one person $ 5,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ ANY AUTO BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ HIRED AUTOS NON-OWNED AUTOS PROPERTY DAMAGE $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: ANY AUTO EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCUHRENCE $ AGGREGATE $ UMBRELLA FORM $ OTHER THAN UMBRELLA FORM WORKER'S COMPENSATION AND STATUTORY LIMITS EMPLOYER'S LIABILITY EACH ACCIDENT $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE REXCL DISEASE-POLICY LIMIT $ DISEASE-EACH EMPLOYEE $ OFFICERS ARE: OTHER DESCRIPTION OF OPERATIONS/LOCATIONS✓VEHICLES/SPECIAL ITEMS RE: BIBLE HANDOUT ON 09/13/03 CERTIFICATE HOLDER CANCELLATION CITY OF CANAVERAL SHOULD ANY OF THE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL BENNETT C BOUCHER, CITY MNGR 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDENOR LEFT, 105 POLK AVENUE BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE OBLIGATION OR L ILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. CAPE CANAVERAL, FL 32920 AUTHORIZED REPRESENTATIVE BURNS & WILCOX, LTD.XaN%,,yGZ_k� Aug 04 03 09:34a Rev, Dan Bailey Dir&ttotor/Chaplain PO Box 876 Crape Canaveral, FL 32920 Phone: (321) 783-0007 Fax: (321) 7844468 e-mail: paruninisbyl@aOIXOM Dan Bailey June 3, 2003 784-4468 Space Coast Seafarers Ministry "Sharing Christ with the world" Dear Brevard Baptist Association Pastors, Youth Pastors and Mission Leaders: p.2 On Saturday, September 13, 2003, the Spacc Coast Seafarers Ministry will conduct our first Walk for Bibles. The purpose of WFB is two -fold: 1. To involve our churches in an "on mission" project. 2. To raise funds for the purchase of foreign language Bibles, gospel tracts, and Jesus videos. Our goal is to make available to every crewmember a free Bible or Jesus video in his or her language. We estimate that we will have over 20,000 visitors to our hospitality center this year from over 80 different countries. In order to reach these goals, wt; ask each church to enlist a Team Captain who will enlist walkers from his/her church. Each walker then signs up sponsors who will contribute a certain amount of money per mile. Then on the morning of Saturday, September 13, all sponsored walkers will meet at First Baptist Church of Cape Canaveral for the five -mile walk. There will also be a one -mile walk for those who are unable to walk the five -mile course. We are asking you, as a pastor or missions leader to support this event in the following ways: 1. Placc this important event on your church calendar and protect it. 2. Please make sure that your church has a Team Captain and support his/her efforts to enlist walkers for this Associational ern -mission event. 3. Encourage your people to pray for and sponsor walkers. 4. Pray for WFB that it will bring glory to God and isivulve many people in missions action and missions support. Note: Have your Team Captain, call Shari Glover (321) 783-0007 as soon as possible. Thank you very much for your prayers and support, Rev. Harold Brantley Rev. Dan Bailey Shari Glover Director of Missions Director/Chaplain Director of Captains Brevard Baptist Association Seafarers Ministry Walk for Bibles 2003 Rug 04 03 09:34a Dan Hailey March 10. 1997 To Whom It May Concern: Re: Brevard Baptist Association 4235 South U.S. 1 Rockledge, Florida 32955 784-4468 FLUItIpA BAPTIST CONVF,\ IlO� 1230 1lcndriek3 Avenue Jacksw ille, Florida 3220: 904-396-Z151 The Brevard Baptist Association, Rockledge, Florida is affiliated with the Florida Baptist Convention (Group Exemption #2024) and as such comes under the group tax exemption letter granted to the Florida Baptist Convention by the Intcrnal Revenue Service. Sincerely, Steve Baumgardner, Jr., Director Business Services Division SLB/mc P.3 Rug 04 03 09:34a Dan Bailey 784-4468 P•4 4235 South 11 S. I Rock{edgr. I (nada 12955 32 1 -0 11)K70 121-01 4)W fax %ilvw bno mdI%ipli.n ar:,wiatim aau The BreVw-d Baptist Association September 12, 2001 Fo Whom It May Concern: The Space Coast Seafarer's Ministry is an entity of The Brevard Baptist Association. The property belongs to us, and the program is managed by us. All of the employees are under the Brevard Baptist Association. Therefore, the Space Coast Seafarer's Ministry is under the blanket tax exemption of the Brevard Baptist Association and the Florida Raptist Convention. Along with this Icucr is the letter of affiliation with the Florida Baptist Convention and the Group Exemption #2024. Sincerely, 41144-d' 444 R. Harold Brantley Director of Missions Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Consent Item 4 No. Exhibits Attached: AGENDA REPORT CITY COUNCH, OF THE CITY OF CAPE CANAVERAL SUBJECT: RESOLUTION NO. 2003-30, REAPPOINTING A REGULAR MEMBER TO THE PLANNING & ZONING BOARD DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Resolution No. 2002-30, reappointing Beatrice McNeely as a regular member of the Planning & Zoning Board. r Summary Explanation & Background: Ms. McNeely's term will expire 09-15-06. I recommend approval. Exhibits Attached: Resolution No. 2003-30 City Manager'sbffice Department LEGISLATIVE <gpi-`nt--,'RIM\myelo umen4.2,- cumin\council\meeting\2003\08-19-03\2002-30.doc RESOLUTION NO. 2003-30 A RESOLUTION OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; REAPPOINTING A REGULAR MEMBER TO THE PLANNING AND ZONING BOARD OF THE CITY OF CAPE CANAVERAL, FLORIDA; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral, Florida, has by City Code Chapter 58-26 created a Board known as the Planning and Zoning Board; and WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to re -appoint regular members to said Board. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Beatrice McNeely is hereby re -appointed as a member of the Planning and Zoning Board of the City of Cape Canaveral, Florida, with a term to expire on September 15, 2006. SECTION 2. This Resolution shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 19th day of August 2003. ATTEST: Rocky Randels, MAYOR Susan Stills, CITY CLERK Jim Morgan Buzz Petsos Rocky Randels APPROVED AS TO FORM: Richard Treverton Anthony Garganese, CITY ATTORNEY FOR AGAINST City of Cape Canaveral August 5, 2003 Beatrice McNeely 435 Jefferson Ave. Cape Canaveral, FL 32920 Dear Ms. McNeely: Your term on the Planning and Zoning Board expires on September 15, 2003. Please check the box that indicates your desire to continue to serve on the Board for another three-year term and return this notice immediately to the City Clerk. The resolution to re -appoint Board members is scheduled to appear on the City Council Agenda of Tuesday, September 2, 2003. Thank you. 1 I DO wish to be considered for reappointment. DO NOT wish to be considered for reappointment. n ` (Signature) Planning and Zoning Board, airperson Sincerely, Susan Stills, CMC CITY CLERK 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 GOP- www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Considerations Item 5 No. Exhibits Attached: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: COOPERATIVE PURCHASE TO LANDSCAPING THE AIA WELCOME SIGN TO VILA & SON LANDSCAPING DEPT./DIVISION: PUBLIC WORKSBEAUTIFICATION Requested Action: City Council consider the proposal from Vila & Son Landscaping to landscape the AIA Welcome Sign in the amount of $17,155.53 as recommended by the public works director. i Summary Explanation & Background: See attached memo. I recommend approval. Exhibits Attached: Public Works Director's memo of 08-06-03 City Managers Office 1� r Department PUBLIC WORKSBEAUTIFICATION cape-•nt\xim\myaocbmerrt's\admin\council\meeting\2003\08-19-03\vila.doc MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: August 6, 2003 SUBJECT: City Council Agenda Item for August 19, 2003 Cooperative Purchase for Services from Vila & Son Landscaping Seminole County awarded a landscape bid 382-00/GG for their Roadway Landscape Maintenance project to Vila & Son Landscaping. The City of Cape Canaveral's Public Works Director in regards to a cooperative purchase agreement contacted Vila & Son Landscaping. The firm's General Manager, Cris Frier, stated that they would honor the cooperative purchase. City Council recommended that Staff landscape the City's north AlA entrance sign and limited the expense to $20,000. Staff worked out a landscaping design with Vila and Son in the amount of $17,155.53. The services will include the landscaping, irrigation system and the reuse water line tap. Attached is a cost breakdown of the project. Recommend the approval of the cooperative purchase for landscaping services from Villa and Son in the amount of $17,155.53 and the appropriation of Beautification Funds. Attachment CC: File w CD IL U) 03 a J H r- vt v m er LO LD R m rn m of CS) Irrigation/se-use Tap $ 3,706.30 Total $ 17,185.53 $.. Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Considerations Item Summary Explanation & Background: No. proceed. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AUTOR17ATION TO BID MANATEE SANCTUARY PARK RESTROOM/PAVILION PROJECT DEPT./DIVISION: PARKS & RECREATION Requested Action: City Council authorize the recreation director to bid the restroom/pavilion project and waive the impact and building permit fees. iI Summary Explanation & Background: The recreation director has completed the bid documents for this project, and is seeking City Council's approval to proceed. A full set of plans is available for review at the Recreation Center. I recommend the City bid this project. Exhibits Attached: Recreation Director's memo of 08-07-03 City gens Office Department PARKS & RECREATION n�� Memo Date: August 13, 2003 To: Bennett Boucher, City Manager Fronto Todd Morley, Building Official RE: Manatee Park Pavilion In response to your request for permit valuation data on the Manatee Park Pavilion project, I offer the following: The building consists of 2,505 square feet, under roof. Total value of construction per SBCCI Building Valuation table method is $170, 340. (The SBCCI Building Vakiation table values this building as follows: Assembly Occupancy, Type VI unprotected, good quality, average cost = $62 per square foot. Regional multiplier (Orlando, Florida) is 1.09. 62 X 1.09 = 67.58. Round to $68 per square foot.) The Building Permit fee is calculated to be $2,464.70. (City ordinance charges building permit fees by valuation of construc ion, required inspections, plan checidng fees, a Radon fee, a Concurrency Management fee, and a Capital Expansion fee.) An additional $4,687.50 will be charged for Sewer Impact and Tap fees. The combined total of permit fees plus Sewer fees for this proj will be $7,152.20. 1 CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 MEMO TO: Mayor, Councilmembers, CC: City Manager FROM: Nancy Hanson, Director DATE: August 7, 2003 RE: Permission to Bid Restrooms/Pavilion @ Manatee Sanctuary Park I am requesting you permission to request public bids for the Manatee Sanctuary Park restrooms/pavilion project. This facility is a part of the FRDAP grant awarded in the amount Of $150j000,The grant also includes an educational kiosk and walking/jomAn trail. All that will go out for bid at this time is the Restrooms/pavilion. I am also requesting that you waive all Cape Canaveral building and impact fees on this project. Thank you, I will be in attendance at the August 19'h meeting to answer any questions you might have. MANATEE SANCTUARY PARD PRAISE H SPECIFICATIONS FOR RE STROOMS/PAVILION GENERAL This project must meet all ADA requirements & specifications. All products, which list a manufacturer's name and number, may be substituted by an equal, or better product. Written proof of quality must be submitted & approved. All colors to be selected -by the_ owner Future air handler is only chase pipe & electrical Pour 4x4' concrete, pad -located off NW corner ofbuilding - exact. I tion to be designated by owner Pre -wire for disposal in kitchen Specifications supereede plans RESTROOMS DOORS • t 3/' louver ganger mum .042 • 3 stainless steel hinges per door • Corbin extra heavy duty loeksets - 2 3/4" baekset CL3320xNLDxUS 26D finish • Deadbolt locks - 2 3/4" backset Corbin grade 1 DL3113xUS26D, or equal • All door and deadbolt locks keyed alike Door closures - ctorefronl} satin adjustedto meet ADA standards • Women/Men braille signs for door TOH.ETfilURINAL r Toto -CT 708-NV-a]WII lushometer-T-Qilet Toto -AC Powered-( _ gen snr ToiFe FTnsTi Valve, Concealed • Toto SC514 - Toto elongated, open fi&ont seat, less cover • Toto UT370 low consumption washout urinal • Toto AC Powered_(24VAC) Sensor Urinal Fksh Valve}Coneealed PRIVACY TOILET COMPARTMENTS & URITV > PRIVACY SCREEN • Samtann Poly M-ar M . SINKS • Handicap-- walrhurg with ) • Regular - China, drop in VANITY TOPS • Sauna PolyMar-I1WM- lid p}ax-tie wiHrplasti 'sh FAUCETS • AC Powered f12V,HC} Sensorl'auce" Standard Spout RESTROOM FURNISHING • Tria't`anh Soap Hispex ` (Part #9332G) • Sky Hand Push -Electric Hand i)ryer (Part #3021) • San Jamar Junior Toilet Tissue Dispenser INTERIOR PAINT - Restrooms & Kitchen • Wim& Ceilintas = #2� Holzout IFIO09ji Acrylic Primer/Sealer Stain Killer, l coat • Walls & Ceilings -Richard's 1800 Part A & B, Industrial Waterborne CatalyzedAcrylic Epoxy- Coating,1 coats • Floors - Richard's product #44.50, Floor-Tite Waterborne Epoq-Ester Bonding -Surfacer (primer)1 coat • Floors- Same coating as walls with anti-sldid additive, l pound per gallon, 2 coats. • Stainless -double sink, 2O gauge • Delta single lever kitchen faucet, sprayless • Counter top, laminate with 4" splash, squared • High -bar top�laminatewhh_2-rounded-edges 24x96 • Roll Clean Shutters, inside surface mounted, manual gear operated with removable handle, and dual inside lock downs with matching keys **Note* Must comply with South Florida Building Code Coastal Zone "C" 130 mph speeification • Lower cabinets, european style with molded doors • Exterior door (need specs) • Hinges-- Same -as for restroom • Loekset - Same as for restroom ♦ am fer restroom • Closure -Same as for restroom STOIC -ROOM • Door, binges, lockset d1eadbold closure en • Water heater-- On demand Chornomite 14901 LIGHT FUMMES • Double4'- fluorescent lights high density lens STUCCO - (Decorative Cementitious Finish) • Texture: Sand inish (floatM) • Process: Three coat system Pt- Scratch coat 2"`: Brown (build out) coat W--Marbleerete float Wished DRYWALL • 3/S" thick gypsum-soffitt-board f *-note - in restrooms & kitchen ROOF It &f4' 11W Strnetmral- loch eam '{TATER FOUNTAINS • 11lostDependable Fountains model #450with carrier ALTERNATE BID # I DELETE decorative cementitions finish, ADD split face block OVEXHAW� U= r---------------- —-------------- PAVILION I MT TP. 7Wf^W _____ ___ __J___ ■. ■ - LINTEL---- ■ ■ ----- LINTEL'--- ■ ■ ------------------------ ---- LINTEL---- ■ ■ ----- �-------- --- --- -- I LINTEL__ - ■ -- -- I 1�1 ISI I ISI IJ I IJI i I ■ I � I I I 11 I I I I N H. 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RE MT '� 68 --Fes.-----.-- --------�---J I Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Considerations Item 7 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: CONSIDERATION: AMENDMENT TO THE POLICE SERVICE CONTRACT TO PURCHASE ADDITIONAL CAPITAL EQUIPMENT DEPT./DIVISION: PUBLIC SAFETY/POLICE Requested Action: City Council consider the request from the Sheriffs Department to purchase the following capital equipment: (15) laptop computers @ $3,110 = $ 46,650 ( 1) in -car video camera = $ 4,000 ( 2) radar units @ $3,225 = 6,450 TOTAL REQUEST = $ 57,100 Summary Explanation & Background: This request is being made from funds available in the existing contract with delivery prior to 09-30-03. The old laptop computers will be given to the City. Exhibits Attached: Commander's memo' dated 07-30-03 City Man ffice Department PUBLIC SAFETY/POLICE pe\KIM \mya umeoaaarin\councll\meeting\zuu3\ua-19-u3\police.doc Member Florida Sheriffs Association National Sheriffs Association North Precinct 700 Park Avenue Titusville, FL 32780 (321) 264-5353 Fax (321) 264-5359 East Precinct 2575 N. Courtenay Pkwy. Merritt Island, FL 32953 (321) 455-1485 Fax (321) 455-1488 Canaveral Precinct 111 Polk Avenue Cape Canaveral, FL 32920 (321) 868-1113 Fax (321) 784-8340 West Precinct 2725 Judge From Jamieson Way, Bldg. E Viera, FL 32940 (3 21) 633-2123 Fax (321) 633-1965 South Precinct 50 S. Nieman Avenue Melbourne, FL 32901 (321) 952-4641 Fax (321) 952-4635 Brevard County Detention Center P.O. Box 800 860 Camp Road Sharpes, FL 32959 (321) 690-1500 Fax (321) 635-7800 � ���RF.DITAIIU�� An Internationally Accredited Law Enforcement Agency Sheriff Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue • Titusville, Florida 32780-4095 • (321) 264-5201 • Fax (321) 264-5360 July 30, 2003 City of Cape Canaveral City Manager, Mr. Bennett Boucher 105 Polk Avenue Post Office Box 326 Cape Canaveral, Florida 32920 Reference: Anticipated budget funds remaining FY 2002103 Dear Mr. Boucher: Pursuant to the attached correspondence from Finance Director Deborah Barker, it is anticipated that funds remaining from the FY 02103 budget will total approximately $83,417. 00. At this time 1 would like to request authorization to utilize the remaining funds for needed equipment. The following list is submitted for your review: o One (1) 2004 Ford Taurus (outfitted for agent) $19,950 o One (1) 2004 Ford Crown Victoria (outfitted) $34,425 o Five (5) Dell laptop computers @ $3,110 ea. $15,550 o One (1) replacement In -car video camera $ 4,000 o Two (2) Stalker radar units @ $3,225 ea. $ 6,450 TOTAL $ 80,375 Currently five (5) City vehicles register over 100,000 miles. While the oldest units will be either surplussed or used as pool cars, replacing additional vehicles at this time will help us to maintain our five year plan and provide our deputies with efficient, limited maintenance vehicles. The Brevard County Sheriffs Office has implemented the use of Dell laptop computers agency -wide for all patrol deputies. The Dell computers are more cost effective than the Litton MDT's currently in use by the majority of our City deputies. We will be phasing in the Dell computers over the next two years, however this poses certain difficulties for our Computer Services Division in terms of technical support. As available funding does exist, the purchase of the additional Dell laptops at this time is highly recommended. In a recent conversation with Sheriffs Fleet Maintenance personnel, we have been advised that the availability of Ford Crown Victorias at this late date is limited to out of state dealerships. Unfortunately the cost of purchasing vehicles out of state combined with transportation fees adds an additional $2, 000.00 to the list price. In the event that we are unable to locate a Crown Victoria, we would like to utilize the funds to purchase a total of 15 Dell laptop computers, which would provide all City deputies with the most current laptop technology, and maintain continuity throughout the agency. This would alter the request as follows: o One (1) 2004 Ford Taurus (outfitted for agent) $19,950 o Fifteen (15) Dell laptop computers @ $3,110 ea. $46,650 o One (1) replacement In -car video camera $ 4,000 o Two (2) Stalker radar units @ $3,225 ea. $ 6,450 TOTAL $77,050 I look forward to discussing this with you further. Should you require additional information, please advise. Sincerely, Philip B. Williams Brevard County Sheriff Commander George McGee Cape Canaveral Precinct GM.•sm c: Deborah Barker, Finance Director *berif f Office (407) 264-5201 FAX (407) 264-5360 700 Park Avenue Titusville, FI 32780 July 30, 2003 Mr. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920 Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE Member, Florida Sheriffs Association Member, National Sheriffs Association RE: 2002/03 Fiscal Year Law Enforcement Contract Fiscal Issues Dear Mr. Boucher: This letter is to inform you and the City Council Members that the Brevard County Sheriff's Office estimates surplus funds in the amount of $83,417. for the 2002/03 fiscal year. This figure is estimated, and is also contingent and based on the City paying the full amount of the 2002/03 contract, which is $1,830,469. To date, we have received $1,477,767. At this time, our books illustrate that $352,702. is due from the City to the Sheriff's Office for the remainder of this fiscal year. The K-9 fund raising monies are currently escrowed and being held for the City in the amount to $9,074. The K-9 monies could be reduced from the above figure, leaving a total balance due to the Sheriff's Office for law enforcement services for the 2002/03 fiscal year of $343,628. Commander McGee is going to be requesting to use the $83,417. of estimated surplus funds toward the purchase of law enforcement equipment, per the City Council's discretion at a future meeting. Thank you for your cooperation and consideration to use the estimated surplus funds toward the purchase of law enforcement equipment needed to serve the citizens of Cape Canaveral. As always, we enjoy working with the City as our partner to meet the service level demands of the City of Cape Canaveral. Please feel free to call me regarding any financial questions at 264-5206. Si rely, , �L bwiL Deborah Barker Finance Director Cc: Commander George McGee Sheriff Philip B. Williams North Precinct Central Precinct Canaveral Precinct South Precinct Brevard County Detention Center 700 Park Avenue 2575 N. Courtenay Pkwy. 111 Polk Avenue 2725 Judge Fran Jamieson P.O. Box 800 Titusville, FI 32780 Merritt Island, FI 32953 Cape Canaveral, FI 32935 Way, Bldg. E 860 Camp Road (407) 264-5353 (407) 455-1485 (407) 868-1113 Viera, FI 32940 Sharpes, FI 32959 (407) 264-5359 FAX (407) 455-1488 FAX (407) 784-8340 FAX (407) 633-2123 (407) 690-1500 (407) 633-1965 FAX (407) 635-7800 FAX MEMORANDUM DATE: AUGUST 11, 2003 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ANDREA BOWERS CITY TREASURER SUBECT: QUARTERLY BUDGET REPORT AND TRANSFERS FOR THE THIRD QUARTER OF FISCAL YEAR 2002/03, QUARTER ENDED 6/30/03 REVENUES Revenues, typically a month behind, are for the most part, right on target with projected totals. Ad Valorem collections have exceeded the budgeted 95% collection by approximately 2.5% of total. Building Permits are at 94% collected. Removing Grants, Interfund transfers and Cash Forward, we stand at 86% collection, well within projected estimates. Transfers from Fire Trust Fund and Fire Capital Expansion are significantly below original projections. Final transfer of revenues from these sources will be done as the year ends in September. The final transfer from the Sewer Enterprise Fund, a loan to the General Fund for the installation of a stormwater bafflebox on International Drive, will be made at the completion of the project. Contributions from Private Sources has been increased to recognize the funds raised to offset the Capital Outlay for the new K-9 position added to our Sheriff's Unit. The investigation into the Fines and Forfeitures revenue continues. As of this writing I have not received any specific information concerning the loss of revenue other than that there was a significant number of mistakes made relating to the identification of the jurisdiction on the citations and the data input at the Clerk's office. I have heard that the amount of money involved is significant, but I have not received any specific amounts. Our investigation has also been slowed down by the State's new reporting requirements of the Clerk's office. The software has had to be altered to incorporate the new requirements. It is my understanding that the Clerk's office can correct the data input side of the problem, but that the City may have to pursue the balance with the Sheriff's Department. As information becomes available I will pass it on. Following is a brief evaluation of budget amendments requiring attention. It should be noted that only those items representing a significant change in fiscal policy have been offered for adjustment. Although a number of payroll accounts have been adjusted to actual, it is not the intent of these amendments to adjust each account to reflect actual activity. Some of these items have previously been approved, and the technical adjustment is merely housekeeping. The Legislative budget has been increased by $7,000 to fund the added costs of our ongoing Code Review (Supplement 11) and the costs for the promotional activities including the Newsletter and bumper stickers. The Administration Department is requesting an additional $5,600 to cover the costs of a replacement computer for the City Treasurer, added costs of Training/conferences and general operating supplies. Planning and Zoning budget is increased $15,000 to fund the increased activities related to the development activity within the City. The Sheriff's Department has notified the City that there will be a balance of $83,417 unused operating funds connected with the current year's contract available. These funds are being used to reduce the amount of reserves required to fund the balance of this quarter's transfers. Utilities are increased to fund the actual costs of operations. General Insurance and Worker's Compensation will be increased in a number of departments due to the increased policy costs and the prior year audit paid in the current year. An increase of $37,200 is recorded for the Building Department. This is mainly due to the increase in outside plans examination, required for larger projects and general operations. The Streets Department's budget is increased by $20,900 to fund the continued general operations. The Code Enforcement budget is increased $4,000 to fund the increased legal fees required by the Board, various training fees for the new Code Enforcement Officer and for software maintenance. The Recreation Department is requesting $1,600 to replace the Director's computer. The Community Appearance Board is increased $1,200 to fund Worker's comp. Insurance and increased legal services. Legal Services is increased $17,000 to complete the balance of the year. Garbage Services is increased $16,000 to cover the increased services required due to growth. This represents an approximate 2% increase over original projections. The Contingency Account is increased by the amount of the unused Sheriff's operating fund and the contributions made for the K-9 unit and decreased by the balance of the departmental increases for a net decrease of $36,638. Total Revenues for the Beautification Fund are at 100% collected. All projects have been accomplished within the current allocations and this fund will not require an adjustment. The Sewer Enterprise Fund's revenues stand at 77% collected. This figure is somewhat low due to the timing of receipt of operating income. As of this report, nine payments have been received, which would put the target percentage at 75%. With this in mind, revenues are well within expected parameters. Expenditures within the Enterprise Fund are within targeted balances and no transfers will be made for this fund. This completes the requested Budget Amendments for the second quarter of the fiscal year 2002/03. Following is a breakdown by line item to enable you to see the overall effect to the budget. Please contact the Finance Department with any questions and/or concerns. CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 6/30/03 03/31/2003 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE GENERAL FUND GENERAL FUND REVENUE 001-366.2200 CONTRIBUTIONS FROM PRIVATE SOURCES - 9,445 9,445 AMENDED GENERAL FUND REVENUE 9,445 LEGISLATION 001-1-511.3100 PROFESSIONAL SERVICES 4,500 1,500 6,000 001-1-511.4800 PROMOTIONAL ACTIVITIES 1,000 5,000 6,000 001-1-511.5200 OPERATING SUPPLIES 4,000 500 4,500 AMENDED LEGISLATION EXPENDITURES 7,000 ADMINISTRATIVE DEPT. 001-2-513.5200 OPERATING SUPPLIES 11,165 1,500 12,665 001-2-513.5400 MEMBERSHIPS AND TRAINING 4,000 2,500 6,500 001-2-513.6400 CAPITAL PURCHASES 10,000 1,600 11,600 AMENDED ADMIN. DEPT. EXPENDITURES 5,600 PLANNING & ZONING 001-3-515.3100 PLANNING SERVICES 10,000 5,000 15,000 001-3-515.3400 CONTRACT SERVICES 1,335 10,000 11,335 AMENDED P&Z EXPENDITURES 15,000 PUBLIC SAFETY 001-4-521.3400 POLICE SERVICE CONTRACT 1,687,089 (83,417) 1,603,672 001-4-521.4300 UTILITIES 7,250 2,000 9,250 001-4-521.4500 GENERAL INSURANCE 8,500 2,000 10,500 AMENDED PUBLIC SAFETY EXPENDITURES (79,417) AMENDED BUILDING DEPT. EXPENDITURES 37,200 BUILDING DEPT. 001-6-524.2400 WORKER'S COMP INSURANCE 14,612 4,000 18,612 001-6-524.3400 CONTRACT SERVICES 15,610 30,200 45,810 001-6-524.4620 EQUIPMENT MAINTENANCE 1,760 1,500 3,260 001-6-524.5200 OPERATING SUPPLIES 3,000 1,500 4,500 AMENDED BUILDING DEPT. EXPENDITURES 37,200 AMENDED STREET DEPT. EXPENDITURES 20,900 STREET DEPT. 001-7-541.2400 WORKER'S COMPENSATIONS 13,272 3,000 16,272 001-7-541.3100 ENGINEERING FEES 3,000 3,400 6,400 001-7-541.4610 BUILDING & GROUNDS MAINTENANCE 26,297 10,000 36,297 001-7-541.5200 OPERATING SUPPLIES 8,800 3,000 11,800 001-7-541.5300 STREET REPAIRS 22,550 1,500 24,050 AMENDED STREET DEPT. EXPENDITURES 20,900 CITY OF CAPE CANAVERAL BUDGET TRANSFERS FOR THE QUARTER ENDED 6/30/03 03/31/2003 REQUESTED ADJUSTED LINE ITEM BUDGET BUDGET BUDGET NUMBER ACCOUNT NAME BALANCE AMEND. BALANCE CODE ENFORCEMENT 001-9-529.3400 CONTRACT SERVICES 9,800 2,000 11,800 001-9-529.4620 EQUIPMENT MAINTENANCE 600 1,000 1,600 001-9-529.5400 MEMBERSHIP & TRAINING 500 1,000 1,500 AMENDED CODE ENFORCEMENT EXPENDITURES 4,000 PARKS & RECREATION 1-11-572.6400 CAPITAL PURCHASES - 1,600 1,600 AMENDED RECREATION DEPT. EXPENDITURES 1,600 COMMUNITY APPEARANCE BOARD 1-12-515.2400 WORKER'S COMPENSATION 519 600 1,119 1-12-515.3100 PROFESSIONAL SERVICES 3,500 600 4,100 AMENDED COMMUNITY APP. EXPENDITURES 1,200 LEGAL SERVICES 1-13-514.3100 PROFESSIONAL SERVICES 25,000 17,000 42,000 AMENDED LEGAL EXPENDITURES 17,000 GARBAGE SERVICE 1-14-534.3420 CONTRACT GARBAGE SERVICE 568,000 11,000 579,000 1-14-534.3421 CONTRACT RECYCLING SERVICE 177,000 5,000 182,000 AMENDED GARBAGE SERV. EXPENDITURES 16,000 NON -DEPARTMENTAL 001-17-901.9900 CONTINGENCY 62,168 (36,638) 25,530 AMENDED NON -DEPT EXPENDITURES (36,638) AMENDED GENERAL FUND REVENUE 9,445 AMENDED GENERAL FUND EXPENDITURES 9,445 Meeting Type: Regular Meeting Date 08-19-03 SUBJECT: AGENDA Heading Ordinance -2n' Hearing Item 9 No. I recommend approval. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL ORDINANCE NO. 03-2003, ESTABLISHING HEIGHT AND DENSITY REQUIREMENTS HEDGES FOR LANDSCAPING, SCREENING, FENCING, WALLS AND DEPT./DIVISION: P&ZIGROWTH MANAGEMENT Requested Action: City Council consider the adoption of 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: Ordinance No. 03-2003; City Manager's memo City Ma s affice '" Department P&ZJGROWTH MGMT m\my oc e a in\council\meeting\2003\08-19-03\03-2003.doc Memo TO, HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL Fiat BENNETT C. BOUCHER, CITY MANAGER Dake 7/8/2003 Ra SUMMARY OF THE PROPOSED ORDINANCE AMENDMENTS (1) Amends the definition of "Parking Space, Off—street in Code Section 110-1. SMMm@ — 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(x) 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(a)(3) — The reference to hedge is removed; adds the requirements of Code Section 110-586, "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(a)(5) — Adds, "All fences shall be constructed and installed such that the finished side fads 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 pew on exterior boundary fences within residential districts." *Code Section 110-470(b), Paragraphs (l)-(5) were created to regulate hedges. • Page 1 um — The minimum height of a hedge is (6) feet with no ma)amum 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 G2 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. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: City of Cape Canaveral Ordinance No. 03-2003 Page 1 of 6 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 strikeent 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. sites whieh fequiFe par -king spaees for- 400 or- more vehieles may be allowed to tifilize up to 25 per-eent of these spaees for- eempaet ear- pafking. Compaet ear- par -king spaees shall e0fisist fninimum paved area of 160 s"ar-e feet, exeltisive of aeeess drives or- aisles thefete. Article IX. Supplementary District Regulations Division 1. Generally Section 110-470. 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 and plaeemen restrictions shall apply: (1) In any residential district (R 1, D 2 of n 3), no fence; or wall or- hedge in any side or rear yard shall be over six (66,) feet in height or over four (4) feet in height if within twenty five (25) feet of any yafd abtWing anpublic right-of-way, unless otherwise specified in this section; (2) In any residential district (R 1, v 2, R-3,) 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 f§) feet in height; City of Cape Canaveral Ordinance No. 03-2003 Page 2 of 6 (43) In any commercial (G or industrial () districts, no fence; or wall erkedge in any side or rear yard shall be over eight (88,) feet in height or over four fA) feet in height if within twenty-five25) feet of any yard abut4ing an 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 ar- hedge shall be s 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) (55,) 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 the rail and chain-link must be coated in a rubber or vinyl material; and (d) L6) No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary fences or walls except a small sign, not to exceed 32 square inches, may be attached identifvine the fence manufacturer or installer. 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. Hedgesy be permitted in any yard, except as specified in section 110-469 of this code, provided the following restrictions shall apply: (l) 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 -waw (3) Any 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; City of Cape Canaveral Ordinance No. 03-2003 Page 3 of 6 i= v (43) In any commercial (G or industrial () districts, no fence; or wall erkedge in any side or rear yard shall be over eight (88,) feet in height or over four fA) feet in height if within twenty-five25) feet of any yard abut4ing an 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 ar- hedge shall be s 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) (55,) 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 the rail and chain-link must be coated in a rubber or vinyl material; and (d) L6) No words or symbols, other than street addresses and names of occupants in residential districts, shall be permitted on exterior boundary fences or walls except a small sign, not to exceed 32 square inches, may be attached identifvine the fence manufacturer or installer. 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. Hedgesy be permitted in any yard, except as specified in section 110-469 of this code, provided the following restrictions shall apply: (l) 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 -waw (3) Any 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; City of Cape Canaveral Ordinance No. 03-2003 Page 3 of 6 (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 Chanter 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 €e between commercial and or industrial zoning districts and residential zoning districts. (a) Whenever the boundar- 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 districtboundary whieh abuts any 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 eighty (80) percent within a period of two (Q years after such screen is provided. (3) Be not less than four (4) or more than eight (88,) feet in height, except as provided in section 110-470 (a)(2). (4) Have a minimum of one W ten -point tree value as defined in section 110-567 which shall be planted every thirty-five t35) feet with at least two Q five -point trees on the minimum fifty 50 -foot C-1 lot and three (33,) 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. (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 whieh abuts the residential zenin 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 City of Cape Canaveral Ordinance No. 03-2003 Page 4 of 6 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 (161 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 Q) feet in height to form a visual screen with a density of at least eighty 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 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. 03-2003 Page 5 of 6 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 FADoes\City of Cape Canaveral\Ordinances\Vegetative_Buffers_03-2003.wpd City of Cape Canaveral Ordinance No. 03-2003 Page 6 of 6 Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Ordinances -l' Hearing Item 10 No. The amendments to Chapter 10 of the Adult Entertainment Code make the definitions consistent with the county AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 18-2003, REPEALING SECTION 50-2 AND AMENDING THE ADULT ENTERTAINMENT CODE DEPT./DIVISION: ADMINISTRATION Requested Action: City Council consider at first reading the approval of Ordinance No. 18-2003 that repeals Code Section 50-2, Public Nudity and provides for amendments to Chapter 10 of the Adult Entertainment Code. Summary Explanation & Background: The repeal of Section 50-2, Public Nudity, will make the Brevard County Ordinance the operation of law for our community in regard to public nudity. The amendments to Chapter 10 of the Adult Entertainment Code make the definitions consistent with the county code and current case law. I recommend approval at first reading. Exhibits Attached: Ordinance No. 18-2003 City M er' Office C �P Department ADMINISTRATION ORDINANCE NO. 18-2003 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, REPEALING SECTION 50-2 OF THE CODE OF ORDINANCES; PROVIDING AMENDMENTS TO ARTICLE IV, ADULT ENTERTAINMENT CODE, TO CONFORM TO THE BREVARD COUNTY PUBLIC NUDITY ORDINANCE; AMENDING THE PLATFORM REQUIREMENT FOR PERFORMERS IN ADULT ENTERTAINMENT ESTABLISHMENTS; 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 (11th 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 Adult Entertainment Code to the Brevard County Public Nudity Ordinance 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 in adult entertainment establishments; and 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 City of Cape Canaveral Ordinance 18-2003 Page 1 of 7 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, including adult entertainment establishments, 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 degrada- tion 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 adult entertainment establishments 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 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 City of Cape Canaveral Ordinance 18-2003 Page 2 of 7 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 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 (M.D. Fla. 1994), affd, 989 F.2d 1136 (11th Cir. 1995); and WHEREAS, the clothing requirements of this Ordinance are substantially similar to those required by the Seminole County public decency ordinance upheld as constitutional by Judge O. 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 City of Cape Canaveral Ordinance 18-2003 Page 3 of 7 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, 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, this Ordinance shall be deemed supplemental and in addition to the Brevard County Public Nudity Ordinance and the clothing requirements set forth herein for adult entertainment establishments are intended to be consistent with the Brevard County Public Nudity Ordinance; and WHEREAS, this Ordinance shall not be construed in any respect whatsoever to opt the City of Cape Canaveral out of the Brevard County Public Nudity Ordinance and that Brevard County's Public Nudity Ordinance shall remain in full force and effect within the territorial boundaries of the City; 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 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 50-2 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby repealed in its entirety: (underlined type indicates additions and strikeout type indicates deletions). MMM "MUMOTM City of Cape Canaveral Ordinance 18-2003 Page 4 of 7 City of Cape Canaveral Ordinance 18-2003 Page 4 of 7 Section 3. Conforming Amendments to the Adult Entertainment Code. That Article N of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and stfikeo ut 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 eleft e- Any portion of the anal cleft or cleavage of the male or female buttocks. Attire which is insufficient to comply with this requirement includes, but is not limited to G-strings T -back bathing suits, thong bikinis, dental floss or any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; - C. eleavage of the breast exhibited by a dress, blouse, shii4, leotard, bathing suit Of athems •• i -b ".. el, provided the ar-eela is not so exp The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully paque covering. This definition shall include the entire lower portion of the human female breast including the areola and nipple, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt leotard, bathing suit or other clothing. rovided the areola is not exposed. (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. For purposes of this definition, body paint body ye a tattoo latex or any similar substance shall not be considered an opaque covering_ City of Cape Canaveral Ordinance 18-2003 Page 5 of 7 Division 3. Permit for Employees Sec. 10-136. Required. (a) 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, r to exhibit ^r display speeified a.,*,..,,ieal areas 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 anal eleft of the human buttooks or- the ar-eela of 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, tmiess th - J'-- is positioned in immediately suffetinding area and e g an afea of at least 100 squar-e f�et and at least duce feet f e a patr-ef o eetate (3) subseefien (2) of this seetion dufing the eetir-se of any per-fe Wing the display or-exhibitionof -spec-ified anatemieal—;meas No employee shall engage in any City of Cape Canaveral Ordinance 18-2003 Page 6 of 7 performance in view of a patron of the establishment, including erotic dances, unless the performance occurs on a permanent platform raised a minimum of eighteen (18) inches above the surrounding floor and encompassing an entertainment 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_ performances. Section 4. 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 5. 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 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 7. 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 12003. 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 Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton City of Cape Canaveral Ordinance 18-2003 Page 7 of 7 Against Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Ordinances -I' Hearing Item 11 No. I recommend approval at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 22-2003, AMENDING CODE SECTION 54-47, PROVIDING FOR A REVISED DEFINITION OF VESSEL DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 22-2003 amending Code Section 59-47, providing for a revised definition of vessel Summary Explanation & Background: This amendment was proposed at a recent code review workshop. See attached ordinance. I recommend approval at first reading. Exhibits Attached: Ordinance No. 22-2003 City, a is Offic Department LEGISLATIVE cape-nt\kim\mydocume s\admin\council\meeting\2003\08-19-03\22-2003.doc ORDINANCE NO. 22-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 54-47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR A REVISED DEFINITION OF VESSEL; 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 has is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to clarify the definition of vessel under Chapter 54 of the City Code; 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 54-47 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 54-47. It is intended that the text in section 54-47 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). Sec. 54-47. Definitions * * * Vessel means a inutur-piopeffed, including a personaf wateicraft ot jet skis every City of Cape Canaveral Ordinance No. 22-2003 Page 1 of 2 description of watercraft and airboat used or capable of being used as a means of transportation or recreation on the water. As used in this acrticle, the terms "boat" and "watercraft" are synonymous with "vessel." 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2003. 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 F:\Docs\City of Cape Canaveral\Ordinances\Ord_Vessel_Def_22-2003_080103.wpd City of Cape Canaveral Ordinance No. 22-2003 Page 2 of 2 Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Ordinances -I' Hearing Item 12 No. See attached ordinance. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 23-2003, AMENDING CHAPTER 62, RELATING TO THE COLLECTION OF SOLID WASTE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 23-2003 amending Chapter 62, providing for revised definitions and providing for the regulation of recoverable materials. rr Summary Explanation & Background: These amendments to Chapter 62 were proposed at a recent code review workshop. See attached ordinance. I recommend approval at first reading. Exhibits Attached: Ordinance No. 23-2003 City Manage°`s Office Department LEGISLATIVE -nt\kim\my cum din n\counci 3\08-19-03\23-2003.doc ORDINANCE NO. 23-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 62 OF THE CITY CODE RELATING TO THE COLLECTION OF SOLID WASTE AND RECOVERABLE MATERIALS; PROVIDING FOR REVISED DEFINITIONS; PROVIDING FOR THE REGULATION OF RECOVERABLE MATERIALS; 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), Article VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to update Chapter 62 of the Code of Ordinances to ensure compliance with Chapter 403, Florida Statutes; 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 Chapter 62 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 Chapter 62. It is intended that the text in Chapter 62 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. 23-2003 Page 1 of 6 CHAPTER 62 - SOLID WASTE Sec. 62-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Approved container means industrial containers and containers provided by any customer of the city solid waste removal service and acceptable to the City. Bulk container means a 55 -gallon drum supplied by the city for temporary storage of solid waste at street and beach locations and other city recreational facilities. Business means and includes all retail, professional, wholesale and industrial facilities and any other commercial enterprises offering goods or services to the public. Collector means any person or entity authorized by the city to collect and remove solid waste. Commercial means and includes all retail, professional and wholesale facilities, but shall not include industrial facilities. Containerized business means and includes any business, multi -family dwelling or other structure whose solid waste is deposited in an approved container for removal by the collector. Duplex means and includes a detached two-family dwelling designed or intended for occupancy by two families. Hazardous materials waste means solid waste , explosive, radiological or toxic characteristiesl or a combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics, may cause, or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or may pose a substantial present or potential hazard to human health or the environment when improperly transported, disposed of, stored, treated, or otherwise managed. The term does not include human remains that are disposed of by persons licensed under Chapter 470, Florida Statutes. Individual container means an individual 20- or 30 -gallon container for temporary storage of solid waste. Industrial means establishments generating solid waste accumulation of metal, metal products, minerals, chemicals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials usually created by industrial enterprises. Industrial container means a two cubic yard or larger container which can be emptied by mechanical means. City of Cape Canaveral Ordinance No. 23-2003 Page 2 of 6 Multiple dwelling means and includes any building or structure containing four or more contiguous living units and intended exclusively for residential use by single persons or families. see also Recyclable material means , glass jars, and bottles (frorn food products only) and plastic beverage bottles those materials which are capable of being recycled and which would otherwise be processed or disposed as solid waste. Recoverable materials means metal, paper,lg ass, plastic, textile, or rubber materials that have known recycling potential, can be feasibly recycled, and have been diverted and source separated or have been removed from the solid waste stream for sale, use, or reuse as raw materials whether or not the materials require subsequent processing or separation from each other, but does not include materials destined for any use that constitutes disposal. Recovered materials as described above are not solid waste. Single-family residence means and includes a detached single-family dwelling designed or intended for occupancy by one person or by one family. Solid waste means and sludgegulated under the Federal Clean Water Act or Clean Air Act, sludge from a waste treatment works, water supply treatment plant, or air pollution control facility, or garbage, rubbish, refuse, , special waste ashes, sludge, or other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from domestic, industrial, commercial, mining, agricultural or governmental operations. Special container means any container provided by the city to segregate and collect any type of solid waste. Special material means those bulky materials or other special solid wastes that are not stored in approved containers and are not routinely generated in residential areas. Triplex means and includes a detached three-family dwelling designed or intended for occupancy by three families. Yard imrste trash means sofid waste which is an accurntilation of lawn, grass or shrubbety cfttings or clippings and dry leaf rakings, palm fronds, small tree branches (not to exceed dour feet in length and 50 pounds in weight), bushes or shimbs, green leaf cattings, cocantits, fruits or other niatteT usually created in the cam of lawns and ymds or in land -clearing operations vegetative matter resulting from landscaping maintenance and land clearing operations. Sec. 62-4. Ownership by City. Ownership of solid waste set out for collection shall be vested in the City. It shall be unlawful for City of Cape Canaveral Ordinance No. 23-2003 Page 3 of 6 any person other than the authorized collector to disturb, scatter, spread out, or remove any solid waste set out for collection. Law enforcement agencies and their personnel when within the scope of their employment are exempt from the provisions of this section. Nothinc in the section shall be construed as prohibiting commercial establishments that generate recoverable materials, from selling or otherwise conveyi�ng its recoverable material to any properlX certified recovered materials dealer which satisfies the conditions provided in Section 403 7046 Florida Statutes. Sec. 62-9. Residential solid waste pickup conditions. (a) Separation of solid waste each owner, resident and occupant of any residential unit shall not place any yard waste trash; or recyclable or recoverable material in any individual container. Each individual container shall contain solid waste, excluding yard waste trash, and recyclable or recoverable materials, which shall be wrapped or inserted into individual containers in a plastic or paper bag before being inserted into individual containers. (b) Recyclable or recoverable material. Recyclable or recoverable materials shall be placed in special containers provided by the City, except in the case of a commercial establishment which has contracted within properly certified recovered materials dealer, as provided above in section 62-4 of the City Code. Only recyclable or recoverable materials may be contained in the special containers. Special containers shall be provided for each single-family residence, duplex and triplex and shall be placed by each owner, resident or occupant at curbside in front of such residential unit. Multiple dwelling units shall be provided special containers for use by all occupants of such unit which shall be located at the discretion of the city manager. No solid waste, other than recyclable or recoverable materials, shall be placed in a special container. Recyclable Recoverable items made of glass shall not be placed in special containers in a broken condition and shall not be broken in special containers. (c) Yard Prave trash. Yard waste trash must be placed in a reusable container which shall not include any paper or plastic bag. Yard waste trash shall not be commingled with any other solid waste or recyclable or recoverable material. Limbs shall not exceed four feet in length and shall not weigh in excess of 50 pounds. Limbs should be stacked in a uniform direction. Containers for yard waste shall be provided by the owner, resident, or occupant of any residential unit. No other solid waste, including recyclable or recoverable materials, shall be commingled with yard waste trash. (d) Solid waste. Solid waste other than yard waste trash and recyclable or recoverable materials shall be placed in individual containers. Each individual container shall not exceed 50 pounds of solid waste. Any item of solid waste shall not exceed the measurement of four City of Cape Canaveral Ordinance No. 23-2003 Page 4 of 6 feet in any direction. Containers for solid waste shall be provided by the owner, resident or occupant of any residential unit. Recyclable materials and yard waste trash shall not be commingled with other solid waste. Sec. 62-11. Unlawful acts. (f) Hazardous materials waste. It shall be unlawful for any person to deposit or dispose of any Hazardous materials waste in individual or industrial containers from which the collector removes solid wastes for the City. x: 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. [This area left intentionally blank, adoption on next page] City of Cape Canaveral Ordinance No. 23-2003 Page 5 of 6 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of .2003. 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 F:\Docs\City of Cape Canaveral\Ordinances\.Solid_Waste_23-2003_080603.wpd City of Cape Canaveral Ordinance No. 23-2003 Page 6 of 6 Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Ordinances -1" Hearing Item 13 No. These amendments to Chapter 34 were proposed at a recent code review workshop. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 24-2003, AMENDING CHAPTER 34, ARTICLE II, LITTER DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 24-2003 amending Chapter 34, Article II, Litter. Adds Section 34-42, Enforcement. Adds Section 34-43, Abatement; Assessment Repeals Chapter 34, Article II, Division 3, in its entirety. Summary Explanation & Background: These amendments to Chapter 34 were proposed at a recent code review workshop. See attached ordinance. I recommend approval at first reading. Exhibits Attached: Ordinance No. 24-2003 City Mana r14 Office Department LEGISLATIVE cape -n \mydo in\council\meeting\2003\08-19-03\24-2003.doc ORDINANCE NO. 24-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34, ARTICLE II ENTITLED LITTER; PROVIDING FOR THE ADOPTION OF CODE SECTIONS 34-42 AND 34-43; PROVIDING FOR THE REPEAL OF CHAPTER 34, ARTICLE II, DIVISION 3 IN ITS ENTIRETY; PROVIDING FOR ENFORCEMENT THE CITY'S CODE ENFORCEMENT BOARD OF LITTER CONTROL REGULATIONS; PROVIDING FOR THE ABATEMENT OF LITTER AND ASSESSMENT OF COSTS; 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 is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council, upon review of the litter control regulations, desires to amend the enforcement provisions to make use of administrative procedures adopted for the City of Cape Canaveral Code Enforcement Board ; 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 Adoption. That Sections 34-42 and 34-43 of the Code of Ordinances, City of Cape Canaveral, Florida, are hereby adopted as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 34. It is intended that the text in sections Chapter 34 denoted by the City of Cape Canaveral Ordinance No. 24-2003 Page 1 of 5 asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 34 - ENVIRONMENT ARTICLE II. - LITTER DIVISION 1. GENERALLY Sec. 34-42. Enforcement. The terms of this article shall be enforced in accordance with the provisions of Chapter 2 Article VI, of the City Code of Ordinances, entitled Code Enforcement and Chapter 162 Florida Statutes. Sec. 34-43. Abatement; assessment. Under this division, if a property owner does not comply with the notice of violation and corresponding order of the City of Cape Canaveral Code Enforcement Board within the time specified, the City may remove the litter or cause the litter to be removed. The City may charge or assess the property and owner with the actual cost of labor performed materials furnish and disposal fees. Such amounts shall constitute an indebtedness of the owner of the property to the City and shall constitute a lien against the property which shall be superior in dignity to all other liens except liens for state, county, and city taxes and liens for special assessments for public improvements. Secs. 34-424 34-50. Reserved. DIVISION 3. ABATEMENT RESERVED U.29.1916JEWNM.. . City of Cape Canaveral Ordinance No. 24-2003 Page 2 of 5 .. .. pi RIA III IIIIII Ill III i 11WA ... .. Wilill .. City of Cape Canaveral Ordinance No. 24-2003 Page 3 of 5 do= plioll"1111111 illillillil 11111111111 11111 111 111,1111 1 ... .. -- '11211TW211,11,211, .. .. • ... .. . .. .• City of Cape Canaveral Ordinance No. 24-2003 Page 3 of 5 Secs. 34-70 66 34-90. Reserved. 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. [Adoption and signatures next page.] City of Cape Canaveral Ordinance No. 24-2003 Page 4 of 5 ..• .W 1 IMAMN 1 L'M @NOR"01111 Loll I.• 9 Brims Rossi 9.1.1" INIMIN IVAL.Mor-511 I 1L`ARWk'1W1IWJ1W-1 BEN 111110141 Mll NJ 99191" IWASAY7A Ilol UlloOKWAVAIMMILIAMERIMMINORM Secs. 34-70 66 34-90. Reserved. 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. [Adoption and signatures next page.] City of Cape Canaveral Ordinance No. 24-2003 Page 4 of 5 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 FADocs\City of Cape Canaveral\Ordinances\Ord_Litter_24-2003_080803.wpd City of Cape Canaveral Ordinance No. 24-2003 Page 5 of 5 Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Ordinances -I' Hearing Item 14 No. The building official and I recommend approval of this proposed ordinance at first reading. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 25-2003, AMENDING CHAPTER 34 RELATING TO INOPERABLE MOTOR VEHICLES DEPT./DIVISION: PUBLIC SAFETY/BUILDING DEPARTMENT Requested Action: City Council consider at first reading, Ordinance No. 25-2003 amending Chapter 34, providing for an updated definition of an inoperable motor vehicle and screening of inoperable vehicles stored within a carport. rr Summary Explanation & Background: Building Official Todd Morley and his staff requested the amendment to the definition of inoperable motor vehicle to better enforce the provisions in this chapter. A screening requirement for carports was also added. The building official and I recommend approval of this proposed ordinance at first reading. Exhibits Attached: City Attorney's memo of 08-01-03; Ordinance No. 25-203 City 1Vlag�ga etffice Department PUBLIC SAFETY/BUILDING DEPT. BROWN, SALZMAN, WEISS & GARGANESE, P.A. Usher L. Brown' Suzanne D'Agresta' Anthony A. Garganese' Gary S. Salzmam* John H. Ward' Jeffrey S. Weiss 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer Board Certified City, County & Local Government Law Via Facsimile and U.S. Mail Todd Morley, Building Official City of Cape Canaveral 105 Polk Avenue Post Office Box 326 Cape Canaveral, FL 32920 Attorneys at Law Offices in Orlando, Kissimmee, Debra S. Babb-Nutcher Cocoa & Viera 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 August 1, 2003 Re: Ordinance - Inoperable Motor Vehicles City of Cape Canaveral - Building/Code Enforcement/Zoning Our File No.: 513-008 Dear Todd: Please find enclosed herewith for your review, consideration and comment a proposed Ordinance amending Chapter 34 of the City Code relating tc inoperable vehicles. You will note that we have refined the inoperable motor vehicle definition, and believe you will find the same more user friendly. In addition, we took the liberty of including a provision regarding the screening of inoperable vehicles that are stored within carports. We have found with our other cities that many inoperable vehicles, which would be unacceptable parked in front of a residence, are equally as unacceptable when parked within the carport. After you have reviewed the ordinance, please call to discuss the same and to advise if there are any other provisions which need to be included or if you would prefer not to include the screening measure. Following which, we will provide by email to the City Manager, a copy of this Ordinance to be placed on the next City Council agenda. 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.orlandolaw.net • Email: firm@orlandolaw.net Todd Morley, Building Official August 1, 2003 Page 2 If you have any questions regarding this matter, please do not hesitate to contact our offices. Very truly yours, &v' . Buak Assistant City Attorney JBP/cg Enclosure cc: Bennett Boucher (w/o encl. ) ORDINANCE NO. 25-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 34 OF THE CAPE CANAVERAL CODE RELATING TO INOPERABLE MOTOR VEHICLES; PROVIDING FOR A REFINED DEFINITION OF INOPERABLE MOTOR VEHICLE; PROVIDING FOR SCREENING OF INOPERABLE VEHICLES STORED WITHIN A CARPORT; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive review of the City Code of Ordinances to determine where the City Code is in need of clarification or updating; and WHEREAS, during this review it was determined by the City Council that the regulations regarding the storage of inoperable motor vehicles was in need of clarification; and WHEREAS, the City Council of the City of Cape Canaveral, Florida hereby 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 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 34 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeont type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 34. It is intended that the text in Chapter 34 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 34 ENVIRONMENT City of Cape Canaveral Ordinance No. 25-2003 Page 1 of 4 Article IV. Abandoned Property Sec. 34-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abandoned property means all tangible personal property which does not have an identifiable owner and which has been disposed of in a wrecked, inoperative or partially dismantled condition or which has no apparent intrinsic value to the rightful owner. Abandoned property shall include, but not be limited to, motor vehicles, machinery, refrigerators, washing machines, plumbing fixtures, and furniture which have been left unprotected from the elements. Enforcement authority means the person designated by the city manager to enforce this article, and his or her agents and designees. Inoperable motor vehicle means a motor vehicle which is unuseable for its intended purpose or incapable of operating under its own power due to extensive damage disassembly, deterioration or the existence of trash or undergrowth in or around the motor vehicle indicating disuse The absence of a license plate for the current year and/or the absence of a current motor vehicle registration shall be prima facie evidence that such motor vehicle is inoperable however,. does not have affixed theteto a current license plate and vehicle registration; provided, t This definition shall not apply to motor vehicles owned or leased by an automobile dealer, provided that such dealer shall possess a current, valid occupational license and the vehicles are stored on property which is properly zoned and approved for use as an automobile dealership. Motor vehicle means a vehicle or conveyance which is self-propelled and designed to travel along the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks, tractors, go-carts, golf carts, campers, motor homes and trailers Private property means any real property within the city which is privately owned and which is not defined in this section as public property. Public property means any property in the city which is owned by a governmental body and buildings, parking lots, parks, streets, sidewalks, swales, rights-of-way, easements and other similar property, except paved portions of rights-of-way Sec. 34-181. Storing, parking or leaving on private property. City of Cape Canaveral Ordinance No. 25-2003 Page 2 of 4 (b) Required screening for inoperable or abandoned motor vehicles. Any inoperable motor vehicle parked or stored within a carport or in a building that is not fully enclosed and which is visible from the right-of-way or other public or private property shall be completely covered with an opaque covering made of either vinyl, nylon, chamois, or other similar material that is resistant to weather and is commercially intended to be used as an outdoor protective cover. Each cover shall display a solid and uniform, neutral or earth tone color and be securely fastened to the inoperable Vehicle at all times, except when such vehicle is being actively repaired. Neutral or earth tone colors include white, brown, grey and black. All coverings must provide sufficient screening so as to prevent ordinary viewing of any inoperable Motor Vehicle from adjacent public and private property. (2) Any motor vehicle parts that are dismantled or disassembled and waiting to be attached or assembled to a motor vehicle may be stored temporally in a carport or in a building that is not fully enclosed, provided that such motor vehicle parts are necessaryto perform active repairs on an inoperable motor vehicle. Where an inoperable vehicle is not being actively repaired, storage of motor vehicle parts is prohibited within a carport or in a building that is not fully enclosed and which are visible from the right-of-way or other public or private propeM. (3) For the purposes of this section, the term "active repair or "actively repair" shall mean the active and diligent repair of any inoperable motor vehicle by anyperson or persons. It shall be presumed that a vehicle is not being actively repaired when no person is observed making any repair or repairs. 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 City of Cape Canaveral Ordinance No. 25-2003 Page 3 of 4 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 4th day of March, 2003. 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 F:\Docs\City of Cape Canaveral\Ordinances\Ord_IniopVeh_25-2003_073103.wpd City of Cape Canaveral Ordinance No. 25-2003 Page 4 of 4 Meeting Type: Regular Meeting Date 08-19-03 AGENDA Heading Ordinances -1' Hearing Item 15 No. Summary Explanation & Background: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 26-2003, AMENDING CHAPTER 54 RELATING TO COMMERCIAL SOLICITATION DEPT./DIVISION: LEGISLATURE Requested Action: City Council consider at first reading Ordinance No. 26-2003, amending Chapter 54 relating to commercial solicitation. Adds Section 54-4 Commercial Solicitation that prohibits commercial solicitation along the City's beaches and parks. Summary Explanation & Background: This amendment to Chapter 54 was proposed at a recent code review workshop. See attached ordinance. I recommend approval at first reading. Exhibits Attached: Ordinance No. 26-2003 City Ma e1's ffice Department LEGISLATIVE sem. ..�-ca.....�„N-11—%meet-iuy%,2003%vo-19-03\46-2003.aoc ORDINANCE NO. 26-2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 54 OF THE CITY CODE RELATING TO COMMERCIAL SOLICITATION; PROVIDING FOR THE REGULATION OF COMMERCIAL SOLICITATION UPON THE CITY'S BEACHES AND WITHIN CITY PARKS; 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), Article VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, the City Council finds the City's beaches and parks constitute unique natural resources, providing for recreational experiences based upon the natural environment for residents and visitors; and WHEREAS, the City Council further finds these natural resources provide for a tranquil and high quality form of life associated with beach -front community living and recreation which serve to attract visitors to the City of Cape Canaveral, as well as, serving to retain existing residents; and WHEREAS, the City Council finds that commercial solicitation along the City's beaches or within its parks constitutes a nuisance, by unreasonably interfering with the use and enjoyment of those public places by residents and visitors, and directly and adversely affects the major industry of the City, tourism; and WHEREAS, the government may restrict expression, even in a public forum like a park or beach, as long as the restrictions on the time, place, and manner of the protected speech are reasonable and justified without reference to the content of the regulated speech, narrowly tailored to serve a significant governmental interest, and leave open ample alternative channels for communication. Frandsen v. Department of Environmental Protection 829 So. 2d 267 (Fla. 1st DCA 2002); See also, Daley v. Sarasota, 752 So. 2d 124, 126 (Fla. 2d DCA 2000)(quoting Ward v. Rock Against Racism, 491 U.S. 781, 791 (1989)). 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. 26-2003 Page 1 of 3 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 54 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 Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 54 - PARKS AND RECREATION Article I. In General Sec. 54-4. Commercial Solicitation. No person shall solicit, canvass or merchandise for the sale or rental of merchandise services, goods, promotional schemes advertising program or property of any kind or character in the following locations in the Cit3L 1. All of the sand beach areas between the Atlantic Ocean and the City set back line for beach front lots. 2. All public parking lots and facilities for beach or park access including dune crossovers. 3. All publicly owned parks. The words "Solicit" or "Canvass" as used herein shall include any act delivery or exchange not initiated by the prospective customer, which directs attention to any business mercantile or commercial establishment or enterprise or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales rentals or any exchange of value Sec. 54-3 5 - 54.25. Reserved. 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. City of Cape Canaveral Ordinance No. 26-2003 Page 2 of 3 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. 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 Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Jim Morgan Buzz Petsos Rocky Randels Richard Treverton F:\Docs\City of Cape Canaveral\Ordinances\Ord_Solicitation_Beach_26-2003.wpd City of Cape Canaveral Ordinance No. 26-2003 Page 3 of 3 Meeting Type: Regular Meeting Date 08.19-03 CITY OF CAPE CANAVERAL AGENDA Heading Discussion Item 16 No, 2. Look into zoning; have firework outlets zoned in industrial areas. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: DISCUSSION: COUNTY FIREWORKS REGULATION DEPT./DIVISION: LEGISLATION Requested Action: County Commissioner Ron Pritchard has formed a work group to review recommendations for the countywide regulation of fireworks. This is an update on the work group's progress. Summary Explanation & Background: The work groin met for the first time on 08-13-03. Actions items are: 1. Define/declare fireworks as high hazard material. 2. Look into zoning; have firework outlets zoned in industrial areas. 3. Evaluate the requirement for fire suppression systems. 4. Utilize the City of Orlando fireworks ordinance as a basis for a countywide fireworks code. The group will meet on 09-17-03 to review and evaluate materials. Exhibits Attached: Work Group Documents City Manffice Department LEGISLATIVE cap m\my ocume in\council\meeting\2003\06-19-03\fireworks.doc BREVAR Cv"" BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST RON PRITCHARD, D.P.A., Commissioner, District 2 Telephone: (321) 455-1334 2575 N. Courtenay Parkway, Suite 200 Fax: (321) 455-1333 Merritt Island, FL 32953 ron.pritchard@brevardcounty.us ATTACHED IS THE AUGUST 26TH COUNTY COMMISSION AGENDA PACKAGE. PLEASE REVIEW PRIOR TO OUR MEETING: WEDNESDAY, AUGUST 13 10:00 AM DISTRICT 2 COMMISSION OFFICE CONFERENCE ROOM 203 2575 NORTH COURTENAY PARKWAY MERRITT ISLAND THANK YOU FOR YOUR PARTICIPATION IN THIS WORTHWHILE PROJECT DISTRIBUTION: Lt. Aguiar, BCSO, Bomb Squad Rick Allen, President, Space Coast Fire Chiefs Assn Chuck Billias, Cocoa Beach City Manager Bennett Boucher, Cape Canaveral City Manager Bobby Bowen, Brevard County Code Enforcement Manager Barbara Boyens, Satellite Beach Deputy City Manager Lionel Cote, Satellite Beach Chief of Police Bill Farmer, Brevard County Fire Chief J. R. Hansen, BCSO Bomb Squad Wayne Holmes, Assistant State Attorney Terri Jones, Assistant County Attorney Rocky Randels, Cape Canaveral Mayor E. C. Smith, BCSO Deputy Commander Mike Taggert, Brevard County Fire Marshal District 2 Includes: Cocoa • Kennedy Space Center • Merritt Island • Port Canaveral • Cape Canaveral • Avon by the Sea • Cocoa Beach • Snug Harbor • Patrick AFB PRINTED ON RECYCLED PAPER 1P�V4'g0 Meeting Date < i 8/26/03 f ACOp1�P AGENDA REPORT BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Section NEW fireworks in Brevard County in compliance with Florida Statutes; to provide a clear definition of recreational area to include our ocean BUSINESS Item Summary Explanation & Background: No. its loopholes allow consumers to purchase rockets, mortars and other heavy illegal fireworks with only their signature on a waiver SUBJECT: Resolution Re: To Prohibit the Sale and Use Of Illegal Fireworks in Brevard County DEPT. / OFFICE: County Commissioner Ron Pritchard, District 2 Requested Action: It is requested that the Board approve a Resolution providing Legislative Intent and Permission To Advertise for a public hearing to amend Brevard County Code 78-115 (Ordinance 96-31, Section 23), Sections 10-37 and 10-41 prohibiting the sale and use of illegal fireworks in Brevard County in compliance with Florida Statutes; to provide a clear definition of recreational area to include our ocean beaches; to prohibit the sale of fireworks in tents; and request that the Brevard Legislative Delegation amend F.S. 791 to close the waiver loopholes. Summary Explanation & Background: Current Florida law (F. S. 79 1) prohibits citizens from using anything more than State -approved sparklers to celebrate any occasion, but its loopholes allow consumers to purchase rockets, mortars and other heavy illegal fireworks with only their signature on a waiver because the current waiver does not obligate the seller to verify that the purchaser has a permit. In actuality, only those legally entitled to use fireworks in Florida are licensed explosives experts, miners, transportation agencies for signal purposes or for use in chasing birds from agricultural lands or fish hatchery owners. Florida Administrative Code 5A-3.001/002 outlines the procedure for exemption through local law enforcement agencies, however, it is not enforced in Brevard County. In addition, the onus on the public to perjure itself by signing such a waiver is unconscionable. This action shall not apply to sanctioned public displays of fireworks as set forth in F.S. 791 and Brevard County Code Sections 10-40 and Section 46-12 for special permitting. State regulation began in 1941 restricting the use to only sparklers for non -licensed consumers and 62 years later, nothing has changed. No one is attempting to take away the joys of celebrating Independence Day or New Year's Eve, but "celebrating" does not give one the right to endanger people's lives, properties, sea and wildlife. Most communities sponsor fireworks displays that are far more "illuminating" and safe. Polk and Pinellas Counties and the City of Orlando have approved ordinances that have thus far "weathered" constitutional challenge regarding the sale and use of fireworks within their jurisdictions. Volusia County follows F.S. 791.02 prohibiting the sale and use of illegal fireworks and has an Administrative Order (judiciary) applying penalties. The City of Cocoa Beach recently approved an ordinance prohibiting the use of any fireworks on its beaches. Option 1: Approve Resolution to amend the above referenced sections of the Brevard County Code and prepare a request for consideration by the Brevard Legislative Delegation to amend F.S. 791 to close the waiver loopholes of F.S. 791 during its 2004 Legislative Session. Option 2: Take no action Exhibits Attached: Resolution, Ordinances/Info Contract /Agreement (If attached): Reviewed by County Attorney Yes ® No County Manager's Office Department Tom N. Jenkins, County Manager County Commission P ��'ard, D.P.A., D' t .ct 2 FIREWORKS REPORT TABLE OF CONTENTS PAGE(S) 1. RESOLUTION ................................. 1-2 2. BERNI-GRAM................................. 3 3. FLORIDA STATUTES ........................... 4-8 4. FLORIDA ADMINISTRATIVE CODE ............... 9 5. VENDOR "VERIFICATION" CERTIFICATE.......... 10-12 6. BREVARD COUNTY CODES...... ............... 13-18 7. COCOA BEACH ORDINANCE .................... 19-20 8. ORLANDO CITY CODE .......................... 21-25 9. POLK COUNTY ORDINANCES ................... 26-35 10. PINELLAS COUNTY ORDINANCES ................. 36-44 03 - RESOLUTION OF LEGISLATIVE INTENT TO AMEND SECTIONS 78-115,10-37, AND 10-41 OF THE BREVARD COUNTY CODE FOR THE SALE AND USE OF ILLEGAL FIREWORKS IN BREVARD COUNTY AND DEVELOP A REQUEST TO THE BREVARD LEGISLATIVE DELEGATION TO CLOSE THE LOOPHOLES OF F.S. 791. WHEREAS, the U.S. Consumer Products Safety Commission has determined that thousands of persons are treated each year in U.S. emergency departments because of fireworks -related injuries and that, of these, an estimated twenty percent are eye injuries; and WHEREAS, the National Fire Protection Association, National Ophthalmology Association, The National Fire Marshals Association, American Academy of Pediatrics, American College of Emergency Physicians, and the National Association of State Fire Marshals have declared their desire for a total ban on consumer fireworks; and WHEREAS, seven states ban the use of all fireworks by consumers (Arizona, Delaware, Georgia, Massachusetts, New Jersey, New York and Rhode Island); and WHEREAS, the State of Florida has enacted Chapter 791, Florida Statutes, to prohibit the sale of illegal fireworks unless a statutory exemption applies; and WHEREAS, the State of Florida has charged local law enforcement departments with the responsibility to enforce Chapter 791 and Florida Administrative Code 5A-3; and WHEREAS, fireworks are considered to be hazardous and destructive materials, and a verification procedure is necessary to protect the health, safety and welfare of the citizens and visitors of Brevard County, and to ensure that fireworks are only sold to those purchasers falling within the statutory exemptions allowed under Chapter 791; and WHEREAS, the system currently used by sellers of fireworks does not provide for verification of the purchaser's age or exemption status; and allows the potential sale of fireworks to the general public which is prohibited under Chapter 791, and certain fireworks retailers seem to be unable or unwilling to restrict sales to individuals qualified to purchase fireworks under Florida Statute 791; and WHEREAS, the widespread purchase of fireworks by individuals not authorized to purchase fireworks poses a public safety hazard to the citizens and sea and wildlife of Brevard County; and WHEREAS, current Brevard County law allows for special events permitting allowing tents to proliferate throughout the County selling fireworks; and WHEREAS, the provisions of these amendments will assist the County in fulfilling the enforcement responsibilities assigned to it by the State of Florida. NOW, THEREFORE, BE IT RESOLVED THAT THE BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS DOES HEREBY DIRECT STAFF TO DEVELOP AMENDMENTS/ADDITIONS WITH PERMISSION TO ADVERTISE FOR A PUBLIC HEARING CONSIDERING CHANGES TO CURRENT BREVARD COUNTY CODES AND PREPARE A LEGISLATION DELEGATION REQUEST TO AMEND FLORIDA STATUTE 791 PERTAINING TO THE SALE AND USE OF FIREWORKS. 1. To amend Brevard County Code 78-115 (Ordinance 96-31) adding the phrase or ocean beaches to the term: "recreational area". In addition, sections prohibiting fireworks sales and use without appropriate permits will need to be added to this section providing for enforcement and penalty. 2. To amend Section 10-37, Brevard County Code (Ordinance 2000-26) "Application" prohibiting the use of special permits for the sale of fireworks in tents. 3. To amend Section 10-41, Brevard County Code (Ordinance 2000-26) "Tents" prohibiting the sale of fireworks in these temporary structures providing the allowable sales only in existing fireworks companys' permanent structures. 4. To amend any other section of the Brevard County Code applicable to the sale and use of fireworks as to the Board's legislative intent, that shall be effective in all municipalities and the unincorporated area of Brevard County, Florida, unless the municipality has enacted an ordinance regulating fireworks or has passed a resolution declaring that the municipality does not desire to regulate fireworks sale and use. 5. To approve Permission to Advertise for a public hearing to consider amending Brevard Code references above to the sale and use of fireworks in Brevard County. 6. To prepare a Brevard Legislative Delegation request for the 2004 Florida Legislative Session to amend Florida Statute, Chapter 791 to close the fireworks waiver loophole and provide penalty for same. ATTEST: BREVARD BOARD OF COUNTY COMMISSIONERS Scott Ellis, Clerk C:/mydoc/fireworksresolution 7-22-03 2 Jackie Colon, Chairperson 6 "" BREVAR BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST BERNADETTE & TALBERT, Clerk to the Board, 400 South Street, P.O. Box 999, Titusville, Florida 32781-0999 Telephone: (321) 264-6970 Fax: (321) 264-6972 July 10, 2003 MEMORANDUM TO: Tom Jenkins, County Manager RE: Item 1.13, Report on Sale of Fireworks The Board of County Commissioners, in regular session on July 8, 2003, acknowledged Commissioner Pritchard's report on sale and use of fireworks on the beach and other areas of the County and his intent to bring the issue before the Board for discussion. Your continued cooperation is greatly appreciated. Sincerely yours, BOARD OF COUNTY COMMISSIONERS ;ernadette OTT LLIS, CLERK T Ibert, Deputy Clerk !sl cc: vCommissioner Pritchard PRINTED ON RECYCLED PAPER FLORIDA STATE STATUTE 791— FIREWORKS 791.001 Application and enforcement. --This chapter shall be applied uniformly throughout the state. Enforcement of this chapter shall remain with local law enforcement departments and officials charged with the enforcement of the laws of the state. 791.01 Definitions. --As used in this chapter, the term: (1) "Distributor" means any person engaged in the business of selling sparklers to a wholesaler. (2) "Division" means the Division of the State Fire Marshal of the Department of Insurance. (3) "Explosive compound" means any chemical compound, mixture, or device the primary or common purpose of which is to function by the substantially instantaneous release of gas and heat. (4)(a) "fireworks" means and includes any combustible or explosive composition or substance or combination of substances or, except as hereinafter provided, any article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation. The term includes blank cartridges and toy cannons in which explosives are used, the type of balloons which require fire underneath to propel them, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, and any fireworks containing any explosives or flammable compound or any tablets or other device containing any explosive substance. (b) "Fireworks" does not include sparklers approved by the division pursuant to s. 791.013; toy pistols, toy canes, toy guns, or other devices in which paper caps containing twenty-five hundredths grains or less of explosive compound are used, providing they are so constructed that the hand cannot come in contact with the cap when in place for the explosion; and toy pistol paper caps which contain less than twenty hundredths grains of explosive mixture, the sale and use of which shall be permitted at all times. (c) "Fireworks" also does not include the following novelties and trick noisemakers: 1. A snake or glow worm, which is a pressed pellet of not more than 10 grams of pyrotechnic composition that produces a large, snakelike ash which expands in length as the pellet burns and that does not contain mercuric thiocyanate. 2. A smoke device, which is a tube or sphere containing not more than 10 grams of pyrotechnic composition that, upon burning, produces white or colored smoke as the primary effect. 3. A trick noisemaker, which is a device that produces a small report intended to surprise the user and which includes: a. A party popper, which is a small plastic or paper device containing not more than 16 milligrams of explosive composition that is friction sensitive, which is ignited by pulling a string protruding from the device, and which expels a paper streamer and produces a small report. 4 b. A booby trap, which is a small tube with a string protruding from both ends containing not more than 16 milligrams of explosive compound, which is ignited by pulling the ends of the string, and which produces a small report. c. A snapper, which is a small, paper -wrapped device containing not more than four milligrams of explosive composition coated on small bits of sand, and which, when dropped, explodes, producing a small report. A snapper may not contain more than 250 milligrams of total sand and explosive composition. d. A trick match, which is a kitchen or book match which is coated with not more than 16 milligrams of explosive or pyrotechnic composition and which, upon ignition, produces a small report or shower of sparks. e. A cigarette load, which is a small wooden peg that has been coated with not more than 16 milligrams of explosive composition and which produces, upon ignition of a cigarette containing one of the pegs, a small report. f. An auto burglar alarm, which is a tube which contains not more than 10 grams of pyrotechnic composition that produces a loud whistle or smoke when ignited and which is ignited by use of a squib. A small quantity of explosive, not exceeding 50 milligrams, may also be used to produce a small report. The sale and use of items listed in this paragraph are permitted at all times. (5) "Manufacturer" means any person engaged in the manufacture or construction of sparklers in this state. (6) "Retailer" means any person who, at a fixed place of business, is engaged in selling sparklers to consumers at retail. (7) "Seasonal retailer" means any person engaged in the business of selling sparklers at retail in this state from June 20 through July 5,and from December 10 through January 2 of each year. (8) "Sparkler" means a device which emits showers of sparks upon burning, does not contain any explosive compounds, does not detonate or explode, is hand 'held or ground based, cannot propel itself through the air, and contains not more than 100 grams of the chemical compound which produces sparks upon burning. Any sparkler that is not approved by the division is classified as fireworks. (9) "Wholesaler" means any person engaged in the business of selling sparklers to a retailer. 791.12 Minimum fireworks safety standards. --The outdoor display of fireworks in this state shall be governed by the National Fire Protection Association (NFPA) 1123, Code for Fireworks Display, 1995 Edition, approved by the American National Standards Institute. Any state, county, or municipal law, rule, or ordinance may provide for more stringent regulations for the outdoor display of fireworks, but in no event may any such law, rule, or ordinance provide for less stringent regulations for the outdoor display of fireworks. The division shall promulgate rules to carry out the provisions of this section. The Code for Fireworks Display shall not govern the display of any fireworks on private, residential property and shall not govern the display of those items included under s. 791.01(4)(b) and (c) and authorized for sale thereunder. 5 791.013 Testing and approval of sparklers; penalties. -- (1) A person who wishes to sell sparklers must submit samples of his or her product to the division for testing to determine whether it is a sparkler as defined in s. 791.01. Such samples must be received by the division by September 1 to be considered for approval the following year. On February 1 of each year the division shall approve those products which it has tested and found to meet the requirements for sparklers. All approved sparkler products are legal for sale until January 31 of the following year. The list of approved sparkler products shall be published in the Florida Administrative Weekly and shall prominently state the dates between which the products may be sold. The division shall make copies of this list available to the public. A product must be tested and approved for sale in accordance with the rules adopted to implement this section. Beginning February 1, 1988, only those products approved by the division may be sold in the state. The State Fire Marshal shall adopt rules describing the testing, approval, and listing procedures. (2) Any person who alters an approved sparkler product, so that it is no longer a sparkler as defined in s. 791.01, and subsequently sells the product as if it were approved is guilty of a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Any person who fraudulently represents a device as approved for sale as a sparkler product when it is not so approved is guilty of a misdemeanor of the firstdegree, punishable as provided in s. 775.082 or s. 775.083. (3) For purposes of the testing requirement by this section, the division shall perform such tests as are necessary to determine compliance with the performance standards in the definition of sparklers, pursuant to s. 791.01. The State Fire Marshal shall adopt, by rule, procedures for testing products to determine compliance with this chapter. The division shall dispose of any samples which remain after testing. 791.015 Registration of manufacturers, distributors, wholesalers, and retailers of sparklers. -- (1) REGISTRATION REQUIREMENTS. --Any manufacturer, distributor, wholesaler, retailer, or seasonal retailer of sparklers who wishes to do business in this state or to otherwise sell, ship, or assign for sale its products in this state must register annually with the division on forms prescribed by the division. Any retailer who sells sparklers at more than one retail location may submit one registration form for all such locations but must provide the address of each location with the registration form; however, any retailer may submit multiple registration forms. (2) REGISTRATION FORM. --The registration form filed with the division must be notarized and must include the following information: business name; address; telephone number; officers, if the business is a corporation; and an individual designated as a contact person. (3) FEES. -- (a) Each manufacturer, distributor, or wholesaler must pay an annual registration fee to be set by the division not to exceed $1,000. Each seasonal retailer must pay an annual registration fee to be set by the division not to exceed $200. Each retailer shall pay an annual registration fee to be set by the division not to exceed $15 for each retail location registered. Each certificateholder wishing to have a duplicate certificate issued for one which is lost or to reflect a change of address shall request such duplicate in writing and shall pay a fee of $5. N (b) Revenue from registration fee payments shall be deposited in the Insurance Commissioner's Regulatory Trust Fund for the purposes of implementing the registration and testing provisions of this chapter. (4) RULES. --The State Fire Marshal may adopt rules prescribing registration forms required by this section. 791.02 Sale of fireworks regulated; rules and regulations. -- (1) Except as hereinafter provided it is unlawful for any person, firm, copartnership, or corporation to offer for sale, expose for sale, sell at retail, or use or explode any fireworks; provided that the board of county commissioners shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks by fair associations, amusement parks, and other organizations or groups of individuals when such public display is to take place outside of any municipality; provided, further, that the governing body of any municipality shall have power to adopt reasonable rules and regulations for the granting of permits for supervised public display of fireworks within the boundaries of any municipality. Every such display shall be handled by a competent operator to be approved by the chiefs of the police and fire departments of the municipality in which the display is to be held, and shall be of such a character, and so located, discharged, or fired as in the opinion of the chief of the fire department,after proper inspection, shah not be hazardous to property or endanger any person. Application for permits shall be made in writing at least 15 days in advance of the date of the display. After such privilege shall have been granted, sales, possession, use, and distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. (2) A sparkler or other product authorized for sale under this chapter may not be sold by a retailer or seasonal retailer unless the product was obtained from a manufacturer, distributor, or wholesaler registered with the division pursuant to s. 791.015. Each retailer and seasonal retailer shall keep, at every location where sparklers are sold, a copy of an invoice or other evidence of purchase from the manufacturer, distributor, or wholesaler, which states the registration certificate number for the particular manufacturer, distributor, or wholesaler and the specific items covered by the invoice. Each seasonal retailer shall, in addition, exhibit a copy of his or her registration certificate at each seasonal retail location. 791.03 Bond of licensees. --The board of county commissioners shall require a bond deemed adequate by the board of county commissioners from the licensee in a sum not less than $500 conditioned for the payment of all damages which may be caused either to a person or to property by reason of the licensee's display, and arising from any acts of the licensee, his or her agents, employees or subcontractors. 791.04 Sale at wholesale, etc., exempted. --Nothing in this chapter shall be construed to prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds. 791.05 Seizure of illegal fireworks. --Each sheriff, or his or her appointee, or any other police officer, shall seize, take, remove or cause to be removed at the expense of the owner, all stocks of fireworks or combustibles offered or exposed for sale, stored, or held in violation of this chapter. 791.055 Restrictions upon storage of sparklers. -- (1) Sparklers shall not be stored or kept for sale in any store: (a) In which paints, oils, or varnishes are manufactured or kept for use or sale unless the paints, oils, or varnishes are in unbroken containers. (b) In which resin, turpentine, gasoline, or flammable substances or substances which may generate vapors are used, stored, or offered for sale unless the resin, turpentine, gasoline, or substances are in unbroken containers. (c) In which there is not at least one approved chemical fire extinguisher ready, available, and equipped for use in extinguishing fires. (2) When sparklers are in storage to be offered for sale at retail, a sign shall be conspicuously displayed over the entrance to the room in which the sparklers are stored, which sign reads: "CAUTION SPARKLERS -NO SMOKING." No person shall be in such room while in possession of a lighted cigar, cigarette, or pipe. 791.06 Penalties. --Any firm, copartnership, or corporation violating the provisions of this chapter shall be guilty of a misdemeanor of the first degree, punishable as provided in s. 775.083 or, in the case of individuals, the members of a partnership and the responsible officers and agents of an association or corporation, punishable as provided in s. 775.082 or s. 775.083. 791.07 Agricultural and fish hatchery use.--Nothing-in this chapter shall prohibit the importation, purchase, sale, or use of fireworks used or to be used solely and exclusively in frightening birds from agricultural works and fish hatcheries; and such use shall be governed entirely by the rules prescribed by the Department of Agriculture and Consumer Services. 8 CHAPTER 5A-3 AGRICULTURAL AND FISH HATCHERY USE OF FIRECRACKERS 5A-3.001 Application to Sheriff for Use of Firecrackers. 5A-3.002 Acquisition of Firecrackers. 5A-3.001 Application to Sheriff for Use of Firecrackers. Any person who is engaged in agricultural works or who operates a fish hatchery may use firecrackers solely and exclusively for the purpose of frightening birds from doing harm to any such person's agricultural works or fish hatchery operation; provided that any such person shall first file with the sheriff of the county in which he is engaged in agricultural works or the operation of a fish hatchery a statement in writing that he is engaged in agricultural works, describing the nature of such, or that he operates a fish hatchery, describing the nature of such, and desires to use firecrackers to frighten birds from harming his agricultural works or his fish hatchery operation and that firecrackers will be used solely and exclusively for that purpose. Specific Authority 791.07 FS. Law Implemented 791.07 FS. History-Repromu[gated 12-31-74, Amended 12-21-75, Formerly 5A-3.01. 5A-3.002 Acquisition of Firecrackers. Any person may acquire from any authorized person firecrackers for purposes stated in Section 5A-3.001, F.A.C., upon presenting a copy of his statement filed with the sheriff. Specific Authority 791.07 FS. Law Implemented 791.07 FS. History-Repromulgated 12-31-74, Amended 12-21-75, Formerly 5A-3.02. M SKY KIND FIREWORKS MEWSUPERSTORES VERIFICATION CERTIFICATE PRINT NEATLY TO RECEIVE CATALOG I ACKNOWLEDGE AND AGREE THAT: * I am eighteen (16) years of age or older. I have reviewed Section 791.04 of Chapter 791, Florida statutes, and my purchase and use of the fireworks falls within the exceptions specified therein. The seller is not responsible for any damages or injuries caused by the use, misuse, improper use, or illegal use of the fireworks. I will indemnify and hold the seller harmless from any claims brought as a result of such damages and injuries. No representations, either oral or implied, other than those set forth above have been made by any parties to this transaction. * CUSTOMER BOX PRINT NAME ADDRESS CITY STATE ZIP SIGNED DATE U Catalog SKY KING FIREWORKS Date Notary Public or witness My Commission Expires: How did you hear about us? Q Flyer 0 Billboard Q Radio O Walk-in Q Friend ❑ Other THANK YOU FOR YOUR PATRONAGE W rhAN-1-0M FIREWORKS VERIFICATION CERTIFICATE I ACKNOWLEDGE AND AGREE THAT: i am eighteen (18) years of age or older. I have reviewed Section 791.04 of chapter 791, Florida Statutes, and my purchase and use of the fireworks falls within an exception specified therin. The seller is not responsible for any damages or injuries caused by the misuse, improper use, or illegal use of fireworks. I will indemnify and hold the seller harmless from alt claims brought as a result of such damages and injuries. • No representations, either oral or implied, other than those set forth above, have been made by any parties to this transaction. PRINT FIRST NAME: John PRINT LAST NAME: Doe ADDRESS: CITY: ZIP: - PHONE: ( ) - EMAIL: PREMIER/PREFERRED # SIGNED: STATE: DATE: 06/14/03 Please provide the mailing information to receive next year's catalog. How did you hear about us? Catalog Flyer Billboard Radio Walk-in Friend 9001335 Internet Other VERIFICATION CERTIFICATE I ACKNOWLEDGE AND AGREE THAT. I am at least 18 years of age or older. I have reviewed section 791.04 of chapter 791, Florida satutei, and my purchase and use of the fireworks falls within the exceptions specified ther+ain. The seller is not responsible for any damages or injuries caused by use. misuse, improper use or illegal use of the fireworks. I will indemnify and hold the seller harmless from any claims brought as a result of such damages and injuries. No representations, either oral or implied. other Om those net tknih above, have beers nuxk by any parties to this transaction. SIGNATURE DATED PRINT NAME ADDRESS - ---- APT._-- cITY S'T'ATE PHONE EMAIL Please provide mailing information to enable us to provide you with special offers. HOW DID YOV HgAR AD(3I1T US? Postcard ❑ NewspaperO ii adio ❑ Television El Friend ❑ WWk-ln D BUINA d CI Other 1-0 BREVARD COUNTY CODES Sec. 78-115. Firearms, fireworks. No person in any park or recreational area shall , fire or discharge any gun, pistol or firearm or any rocket, torpedo or other fireworks of any description without a permit from the department except in a designated area for such purpose. Ord 96-31 Sec. 10-27. Definitions. Amusement attraction means any building or structure around, over, or through which persons may move or walk, without the aid of any moving device integral to the building or structure, which building or structure provides amusement, pleasure, thrills, or excitement. The term does not include enterprises principally devoted to the exhibition of products of agriculture, industry, education, science, religion, or the arts. The following are not considered amusement devices or amusement attractions: traditional theaters, bowling alleys, skating rinks, miniature golf, exercise equipment, batting cages, and live animal rides. Applicant means the property owner, individual or organization sponsoring the event and who must apply for the special event permit. Booth means a small stand for the sale of goods or containment of games and other individual entertainment activities associated with the special event. Commercial activity means the sale of any item or service, tangible or intangible, including but not limited to food and beverages, the charging of admission, the charging of fees for any service, entertainment or amusement, including but not limited to carnival rides. Commercial activity does not include public issue speech as defined below. Provider means the person, partnership or organization who is providing the amusement rides, devices, games, and booths, tents or entertainment to the sponsoring person, partnership or organization. Public issue speech means all speech and assembly protected by the First Amendment to the United States Constitution, as interpreted by case law; including, but not limited to, religious, political, philosophical speech and assembly, as well as charitable solicitation for any purpose as described in F.S. § 496.404(2), as amended. Seasonal special events means a special event(s) recurring at an established place of business over a particular time period that will not deviate from its original stated purpose and shall have a limit of 30 "special event" days, consecutively or non -consecutively, in a six-month period. Seasonal special events shall not include tent sales. (Ord. No. 96-31, § 23, 7-2-96) Sec. 10-37. Application. 13 (a) The applicant for a permit under this article shall file a special event; application, with the building official of the county. The county cannot guarantee review and approval in a timely manner if the application is submitted less than ten working days prior to the date of commencement of the special event. The special event application shall specify, at a minimum, the following: (1) Name and principal place of business of the person, partnership or organization who is sponsoring the activity. (2) If different from the sponsor, the name(s) and address(es) of each person, partnership or organization who is providing the amusement rides, devices, games, booths, tents or entertainment to the sponsoring person, partnership or organization. (3) If the sponsor is not a person, the names and addresses of its officers. (4) The name, address and local telephone number of the person to whom all questions and complaints are to be directed. Such person may be an officer or employee of either the sponsor or the provider. (5) A copy of the site plan showing the location of all activities and facilities including security stations, rides, tents, devices and booths and a proposed electrical layout for the activity. (6) A notarized statement of permission from the owner(s), lessee, agent, of the property where the special event will take place, if the applicant is not the property owner. (7) Proof of insurance as required by section 10-42. (8) A signed and executed hold harmless agreement releasing the county from any and all liability arising out of or resulting either directly or indirectly from the special event and from any loss, cost or expenses arising in any manner from the special event. (b) The applicant for fairs, festivals, carnivals, circuses, or events projecting a constant attendance of 100 to 250 individuals shall submit the following in addition to the requirements of subsection (a): A plan for internal security, traffic control, communications, fire protection and emergency services, including ambulance service, in and around the event, such plan shall be based on the size, location, duration, time and date of the event, the expected sale or service of alcoholic beverages, the number of streets and intersections to be blocked and the need to detour or preempt ordinary citizen travel and use of the streets and sidewalks. (c) The applicant for fairs, festivals, carnivals, circuses, or events projecting a constant attendance of 250 or more individuals shall submit the following in addition to the requirements of subsection (a) and (b): (2) Proposed plans for drainage, flood lighting during darkness, water supply and food services. 14 (3) A plan shall provide at least one parking space for every five patrons and for safe transportation of the patrons from the parking area to the special event area. No motor vehicles shall be permitted outside the designated parking area except when necessary to ensure compliance with any provisions of this article. (4) The proposed method of storage, collection and disposal of wastewater and refuse, including, but not limited to, wastewater and refuse generated by structures used for security stations, and specifying such provisions that have been made for sanitary facilities for persons using the premises. (5) Security and traffic control: a. A plan shall be provided for security personnel or certified law enforcement officers on duty as required by the county sheriffs office. b. Where the proposed special event is to be conducted for the sole purpose of public issue speech and does not involve any commercial activity, the applicant shall not be required to pay the expenses associated with security, unless the same event has experienced two or more security violations at a single event, in the county or any other jurisdiction, during the two calendar years immediately preceding the proposed event. (d) A copy of the special event application shall be distributed to the appropriate agencies for review and approval. Each outside music special event application must also be distributed to the county manager or his designee for review and approval. Each agency's comments shall be submitted to the building official within five working days. The resolution of any review conflicts shall be coordinated through the applicable reviewing agency. It will be the responsibility of any reviewing agency to contact the applicant concerning deficiencies, added requirements or questions immediately upon completion of the review. (e) All application conditions must be met prior to the issuance of a special event permit. Under no circumstances shall the speech content of the proposed special event or the reaction of those listening to such speech serve as grounds to deny the permit application. (Ord. No. 2000-26, §-7, 4-25-00) Sec. 10-40. Fireworks displays. (a) In addition to the requirements in section 10-37, the following shall be required: (1) Name and address of individual(s) performing display. (2) Name, address, and telephone number of transporting company. (3) A copy of the driver license for each individual transporting the pyrotechnics including the hazardous materials transportation sticker. 15 (4) Name, address, and telephone number of fireworks company providing pyrotechnics. (5) Location of where and how pyrotechnics will be stored. (6) A complete list of firing shells and their respective sizes. (7) A site plan as required by the National Fire Protection Association #1123, as adopted by Florida Administrative Code, including, but not limited to the location of the firing range, distance from any structures, and electrical lines. (8) Copy of a plan to provide adequate on site fire suppression. (b) All fireworks display shows must meet the National Fire Protection Association standards. (Ord. No. 2000-26, § 10, 4-25-00) Seca 10-41. Tents. It shall be unlawful for any person to erect a temporary structure for use by the general public as a tent without having made application for and receiving a permit to do so in accordance with the conditions and limitations as established by county building, zoning and land use laws, ordinances and regulations. (a) Sales tents may be erected temporarily on commercially developed property, or on a vacant commercially zoned property adjacent to commercial developed property, for a period not to exceed more than four weeks per year. The sales tent shall not encroach into any parking driveway aisle and shall not impact more than 25 percent of the number of existing parking spaces on a developed site. Where proposed to be located on vacant commercially zoned property adjacent to commercially developed property the applicant shall provide written proof that the owner of the adjacent property has consented to the use of his improved parking and access driveways to accommodate the applicant's parking needs. Parking shall not be permitted on unimproved property. (b) The applicant for a special event permit under this article shall file a special event application in accordance with section 10-37 and shall specify at a minimum, the following: (1) Plot plan of proposed site, indicating the existing structures, all parking and driveway isles. (2) Flame retardent certificate for tent. 16 (3) The building official shall require a separate electrical permit in the event that: a. The maximum size portable generator designated for use as the primary electrical supply exceeds ten M The generator must be equipped with ground -fault protection devices. Only UL listed flexible cords with attachment plugs may be used. Hard wiring shall be completed only by a duly licensed master electrician. b. Any alteration to the existing wiring will require a separate electrical permit. (Ord. No. 2000-26, § 11, 4-25-00) Sec. 10-42. Indemnification and insurance. (a) The operator or provider of any rides, games or device subject to the regulation of F.S. ch. 616, shall be required to provide a copy of the certificate of insurance with the special event application. The applicant or operator shall not operate or authorize the operation of an amusement device or amusement attraction unless at the time of operation there is in existence: (1) A current insurance policy in an amount of not less than $1,000,000.00 per occurrence insuring the owner or lessee against liability for injury to persons arising out of the use of the amusement device or amusement attraction; or (2) A bond in a like amount; however, the aggregate liability of the surety under the bond may not exceed the face amount thereof. (b) The applicant shall provide a certificate of insurance evidencing that the sponsor has obtained a policy of general liability insurance covering all products and operations associated with the event for this article. The certificate shall show bodily injury and property damage limits, in an amount no less than $300,000.00 per occurrence, combined single limit, except as stated in this article. The certificate shall show the county as an additional insured, in respect to the special event, and shall be issued by an insurance company authorized to do business in the state. (c) Applicants who intend to engage in public issue speech, exclusively on property traditionally utilized for the purpose of public issue speech, shall not be required to provide liability insurance unless the proposed activities or event(s) include any of the following high risk or commercial activities: athletic activities that involve physical contact, use of alcoholic beverages, sale of food items, or activities where amplified music is a primary function and a gathering of more than 200 people is expected. If required, the amounts of such insurance shall be identical to those stated in the immediately preceding paragraph. Under no circumstances shall the content of the proposed speech, nor the potential reaction of those listening to such speech, be a consideration with regard to the requirement and/or amount of liability insurance required. (Ord. No. 2000-26, § 12, 4-25-00) 17 Sec. 46-127. Exceptions. (NOISE) Loud and raucous noise does not include noise or sound generated by the following: (1) Cries for emergency assistance and warning calls. (2) Radios, sirens, horns and bells on police, fire and other emergency response vehicles. (3) Parades, fireworks displays and other special events for which a permit has been obtained from the county, within such hours as may be imposed as a condition for the issuance of the permit. (4) Activities on or in county and school athletic facilities and on or in publicly owned property and facilities, provided that such activities have been authorized by the owner of such property or facilities or its agent. (5) Fire alarms and burglar alarms, prior to the giving of notice and a reasonable opportunity for the owner or tenant in possession of the premises served by any such alarm to turn off the alarm. (6) Religious worship activities, including but not limited to bells and organs, as long as such noise, because of its volume level, duration and character does not annoy, disturb, injure or endanger the comfort, health, peace or safety of a reasonable person of ordinary sensibilities. (7) Locomotives and other railroad equipment, and aircraft. (8) The operation of lawn mowers, edgers, trimmers and power driven hedge shears in a residential zone or within 500 feet thereof is allowed between the hours of 7:00 a.m. and 8:00 p.m. (9) Operation of watercraft upon any watercourse, lake, river, or swamp in the unincorporated county. Such exception shall not apply to noise or sound generated by watercraft impacting abutting land areas, unless located at or on a properly zoned marina watercraft repair shop or manufacturing facility, or to noise or sound prohibited under section 46-131(14). (10) Farm equipment, farm machinery or other noise consistent with a lawfully permitted use within an AU zoning classification; however, this exception shall not apply to animal noise. (11) The operation of tow trucks while assisting motorists or towing disabled vehicles. (Ord. No. 93-09, § 2(14-20.42(D)(1)(e)), 5-18-93; Ord. No. 94-01, § 2, 1-11-94; Ord. No. 95-14, § 1, 3-21-95; Ord. No. 95-58, § 1(A --C), 12-12-95; Ord. No. 01-45, § 3, 9-4-01) ORDINANCE NO. 1361 AN ORDINANCE OF THE CITY OF COCOA BEACH, FLORIDA, AMENDING CHAPTER 15 - OFFENSES; ADDING A NEW SECTION - 15-37, ENTITLED: FIREWORKS; PROHIBITED ON OCEAN PUBLIC BEACH; EXEMPTIONS; AND PROVIDING FOR CONFLICTS, 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, the ocean beach is a precious natural resource, protecting our barrier island and attracting visitors to support our local economy; and WHEREAS, the beach dune system, inhabited by diverse wildlife and fortified by native vegetation, protects and preserves our barrier island community from the forces of nature; and WHEREAS, there is a need to preserve and protect the sandy beach, the dune system, the wildlife and the native vegetation; and WHEREAS, the ocean beach of Cocoa Beach from time to time is prone to dense congregations of people; and WHEREAS, the use or possession of fireworks in the State of Florida is restricted to agricultural purposes; and WHEREAS, there are no agricultural areas in the city limits of Cocoa Beach; and WHEREAS, the discharging of fireworks for non-agricultural purposes, other than those displays for which a Special Event permit is issued, is illegal in the City of Cocoa Beach; and WHEREAS, the discharging of fireworks can cause fires in the dune vegetation or nearby public and private structures; and WHEREAS, the discharging of fireworks adversely affects the peace, tranquility and quality of life for persons residing nearby. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF COCOA BEACH, FLORIDA, AS FOLLOWS: SECTION 1. CHAPTER 15 - OFFENSES, SECTION 15-37 IS HEREBY CREATED TO READ AS FOLLOWS: Sec. 15-37. Reseed: Fireworks; Prohibited on Ocean Public Beach; Exemptions Fireworks shall mean any combustible or explosive composition or any substance or combination of substances or article prepared for the purpose of producing a visible or an audible effect by combustion, expulsion, deflagration or detonation and shall include blank cartridges toy pistols toy cannons, toy canes or toy guns in which explosives are used firecrackers torpedoes skyrockets, roman candles, cherry bombs, sparklers and other devices of like construction and any fireworks containing any explosive or flammable compound or any tablets or other device containing any explosive substance except that the term "fireworks" shall not include model rockets and model rocket engines designed sold and used for the purpose of propelling recoverable airborne models and shall not include toy pistols toy canes toy guns or other devises in which paper or plastic caps manufactured as provided therein the sale and use of which shall be permitted at all times. Ordinance No. 1361 l9 In the interest of the health, safety and welfare of residents and visitors and the orderly patrol of the beach areas by the city police, it shall be unlawful to discharge fireworks (a) within the incorporated city limits of Cocoa Beach anywhere easterly of a line 500 feet to the west of, and runnina parallel with, the center of dune vegetation line or (b) in the waters of the Atlantic Ocean within 500 feet of the mean high water line or (c) in any public park. The possession of fireworks within these areas without a special event permit from the Citv by any person shall constitute a prima facie violation of this section. Violations of this section shall be Class I offenses as outlined in Chapter 31 of the Code of Ordinances of Cocoa Beach and forfeiture of fireworks. SECTION TWO: CONFLICTS. Any and all Ordinances or parts of Ordinances in conflict herewith be and the same hereby repealed. SECTION THREE: SEVERABILITY. If any provisions of this Ordinance or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of the Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared severable. SECTION FOUR: EFFECTIVE DATE. This Ordinance shall be become in full force and effect upon adoption in accordance with the Charter of the City of Cocoa Beach, Florida. Upon Motion by Commissioner and Seconded by Commissioner this Ordinance was duly adopted at a Regular Meeting of the City Commission of the City of Cocoa Beach, Florida, held on the day of 2003. ATTEST: Loredana Kalaghchy, CMC City Clerk First Reading: Date Posted: Date Published: Ordinance No. 1361 20 Ayes: Nays: Absent or Abstaining: Leon "Skip" Beeler, Mayor -Commissioner LivePublish Back I Print Pagel of 3 Previous I Next Sec. 24.22. Sale and Purchase of Fireworks. (a) Definitions. (1) "Seller" means any person, corporation, firm, or co -partnership engaged in the business of selling fireworks. "Seller" shall also include "Manufacturer," "Retailer," "Seasonal Retailer," "Wholesaler," and "Distributor" as defined in Chapter 791, Florida Statutes, as amended. (2) "Fireworks" as used herein shall have the same definition as used in Chapter 791, Florida Statutes, as amended; provided, however, that this Section shall not apply to the sale of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports. (b) When selling fireworks pursuant to an exception or exemption set forth in Florida Statutes, Section 791.02, 791.04, or 791.07, the seller of fireworks shall require the purchaser to produce a photo identification or such other documents as are needed to establish the identity of the purchaser. Additionally, the seller shall document and record for each sale: (1) the name, home address, and home telephone number of the purchaser; (2) a detailed description of the documents reviewed to establish the identification of the purchaser; (3) the date of the purchase or sale; (4) the name and home address of the salesperson making the sale; (5) the specific nature of the use which qualified for the exception or exemption relied upon (i.e. "a sale at wholesale", "a sale to be shipped directly out-of-state", etc.); (6) the manufacturer's label name and the quantity for each firework sold; and (7) the proof reviewed by the seller to establish the exception or exemption applied to that sale, which shall at a minimum contain the following information: (A) If the sale is at wholesale between manufacturers, distributors, and wholesalers who have registered with the Division of the State Fire Marshall of the Department of Insurance prior to consummating the sale, the seller shall review the actual permit or certificate issued to the purchaser by the State Fire Marshal, record its number and date of issuance, and retain a photocopy of such permit or certificate for inspection pursuant to § 24.22(c). (13) If the sale is for fireworks that are to be shipped directly out- of-state by the seller, the seller shall record the name, address, and telephone number of the common carrier who will make the delivery and the date said fireworks were delivered to that common carrier by the seller. (C) If the sale of fireworks is to a person holding a permit from any board of county commissioners or governing body of any municipality in the State of Florida prior to consummating the sale, the seller shall review the actual permit; and record the date of the oa- t http://livepublish.municode.com/7llpext.dllllnfobase 17/ 1 /1 bdc/1 d4l ?f=templates&fn=altm... 7/24/2003 LivePublish Page 2 of 3 permit, the permit number, and the identity of the governing body issuing the permit; and retain a photocopy of the permit for inspection pursuant to § 24.22(c). (D) If the sale is for the use solely and exclusively in frightening birds from agricultural works or fish hatcheries to a person who has previously filed a statement in writing, with the Sheriff of the county in which the person is engaged in agricultural works or the operation of a fish hatchery, which statement complies with the rules of the Department of Agriculture and Consumer Services, the seller shall prior to consummating the sale review an actual copy of said statement; record the date of the statement, the address of the agricultural use or fish hatchery, and the identity of the Sheriff with whom the statement was filed; and retain a photocopy of the statement for inspection pursuant to § 24.22(c). (E) If the sale is to a proposed purchaser who does not comply with subparagraphs 7(A) or 7(B) above, or does not hold a permit or statement as described in subparagraphs 7(C) or 7(D) above, then the purchaser shall obtain a permit issued by the City of Orlando establishing that the purchaser qualifies for an exemption under Florida Statutes 791.02, 791.04, or 791.07, and the seller shall review and photocopy the permit; record the date of the permit and the permit number, and retain a photocopy of the permit for inspection pursuant to § 24.22(c). (c) The information required to be photocopied or recorded in sub -section (b) above shall be available for review, inspection, numbering, and/or copying by the City or its agent at the location where the fireworks are being sold during the period that fireworks are being sold. Additionally, said information shall be retained by the seller for a period of one year from the date of sale, and if requested by the City or its agent, shall be produced for review, inspection, numbering, and/or copying at City Hall during normal business hours. The request of the City or its agent shall be in writing and served upon the seller by certified mail, return receipt requested, or by hand delivery to the seller at the last known address of such seller. The seller shall produce the requested information to the City or its agent within five (5) business days after receipt of the written request. (d) Any person, corporation, firm, or co -partnership purchasing fireworks pursuant to Chapter 791, Fla. Stat., shall, upon request, provide to any law enforcement officer or code enforcement officer proof of his/her exempt status, as required herein. (e) Any law enforcement officer or code enforcement officer may seize any fireworks from any purchaser who at the site of the sale refuses to or fails to provide proof of his/her exempt status as required herein. (f) It is unlawful for any seller, as defined herein, to sell fireworks without first obtaining, documenting and recording the information required to be recorded in sub -section 24.22(b) above. (g) It is unlawful for any seller of fireworks to fail to retain the information or records required to be recorded under this Section for a period of one year from the date of sale or to fail to make said information or records available for review, inspection, numbering, and copying as above provided. (h) It is unlawful for any seller of fireworks to fail to produce the information required to be recorded and retained under sub -section 24.22(b) and (c) above within the time limits prescribed herein after the written request of the City or its agent. W http://livepublish.municode.com/7llpext.dlllInfobase 17/ 1llbdc/1 d4l ?f=templates&fn=altm... 7/24/2003 LivePublish Page 3 of 3 (i) It is unlawful for any person, corporation, firm, or co -partnership to misrepresent, misstate, or falsify a statutory exemption under Chapter 791, Florida Statutes for the purpose of inducing a sale of fireworks. Q) Penalties. (1) Each violation of this Section shall constitute a separate offense punishable as provided in Section 1.08 of the City Code. (2) In addition to the penalties set forth in Paragraph 24.226)(1) above, Sections 24.22(d) and (i) may be enforceable through the use of code enforcement citations as described in Chapter 5 of this Code. (k) Permits reflecting that a person meets the requirements for an exemption under Florida Statute 791 may be obtained from the City from its Orlando Fire Department by providing to said Department such information as may be reasonably required to establish that said person qualifies for said exemption. A permit may be valid for up to twelve (12) months from its date of issuance. There shall be no charge for said permit. (1) The Orlando Fire Department shall either issue a permit or deny a request for a permit as soon as is reasonably practical, but in no event later than three business days of receiving a request for a permit and its supporting information. If an applicant is dissatisfied with the decision of the Orlando Fire Department, the applicant may appeal to the City of Orlando's Chief Administrative Officer (CAO) and the CAO shall render a written decision within five (5) days of receiving the appeal. An applicant wishing to appeal the decision of the CAO may file a request for immediate judicial review with the court having jurisdiction thereof, or in the alternative, may file an appeal to the City Council within five (5) days after receipt of the notice of denial by filing a written notice with the CAO with a copy delivered to the City Clerk, and such appeal shall be considered at the next regularly -scheduled City Council meeting. An applicant wishing to appeal the decision of City Council may file a request for immediate judicial appeal with the court having jurisdiction thereof. (Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 12-18-2001, § 1, Doc. #011217705; Ord. of 12-2-2002, Doc. #021202704) A3 http://livepublish.municode.com/7llpext.dlllInfobase 17/1/1 bdc11 d41 ?templates&fn=altm... 7/24/2003 LivePublish Back I Print Sec. 24.29. Addition to NFPA 1, Chapter 16 Fireworks, Model Rocketry, Explosives. NFPA 1, Chapter 16 is adopted in its entirety with the following additions. (a) Add to Section 16-1. Fireworks. (1) Except as permitted by Florida Statutes, it shall be unlawful for any person to possess, store, to offer for sale, expose for sale, sell at retail or use or explode any fireworks; public displays conducted in accordance with NFPA 1123 shall be permitted when the operator is in possession of a valid permit issued by the City. Every such use or display shall be handled by a competent operator approved by the AHJ and shall be of such character and so located, discharged or fired so as not to be hazardous to property or endanger any person. (2) Applications for permits shall be made in writing at least fifteen (15) days in advance of the date of the display. After such privilege shall be granted, sale possession, use and/or distribution of fireworks for such display shall be lawful for that purpose only. No permit granted hereunder shall be transferable. (b) Add to Section 16-2 and 16-3. Fireworks/Special Effects. (1) No person shall discharge any fireworks, as defined in this Code, without a permit. Such permit shall prescribe the explosive compounds or incendiary composition to be used and the amount per show. (2) Prior to the issuance of a permit for fireworks/special effects, the operator shall file application with the Fire Department, stating qualifications and other information as deemed necessary by the AHJ to certify that the operator is capable of safely discharging such fireworks as described to the satisfaction of the AHJ. (3) The location of the fireworks/special effects display shall be specified as to street address, building designation and exact area within the building to assure that the proposed display can safely be discharged as approved. (4) No permit once issued may be transferred to another location nor to another operator, and any change in the information listed on the permit will necessitate the reapplication for a new permit; the previously -issued permit is then void. (5) At no time shall the amount of explosive compound inside the building listed on the permit exceed the amount necessary for one show date consumption. (6) No permit shall be issued until the show setup is approved by the AHJ or his designee prior to the first show. (7) No permit shall be issued unless the building listed as the oZ. 4 Page 1 of 2 Previous I Next http://livepublish.municode.com/7llpext.dllllnfobase 17/1 /1 bdc/1 dd 1 ?f=templates&fn=altm... 7/24/2003 LivePublish Page 2 of 2 location of the display has had a current fire inspection and is in compliance with the Fire Prevention Code. (c) Add to Section 16-10.2 Permits. Permits are required in the City of Orlando as indicated on Section 24.16 (u) (11) of The Fire Prevention Code. (d) Add to Section 16-10-3. Structures where fireworks, as defined in Florida Statute 791, are housed, stored, or sold shall meet all of the following conditions: (1) Non-combustible construction (2) Free-standing building with a clear space on all four sides of at least 20 feet. (3) Protected by a supervised automatic sprinkler system designed for Extra Hazard or an ESFR system. (4) Protected by a fire alarm system initiated by pull stations and smoke detectors with appropriate notification appliances. (5) Protected by a smoke exhaust system initiated by smoke detectors throughout the building. (6) Sales area is limited to 5,000 sq. ft. Exception: Existing structures or stores currently permitted to house, store, or sell fireworks before the adoption of Sec. 24.29(d) may continue to house, store, or sell fireworks so long as conditions of the current permit continue to be satisfied. (Ord. of 12-17-2001, § 2, Doc. #011217701; Ord. of 9-23-2002, § 2, Doc. #020923716) Ae- http://livepublish.municode.com/7llpext.dll/Infobase 17/1 / l bdc/1 dd 1 ?f=templates&fn=altm... 7/24/2003 BOCC COUNTY RTTORMEY 863 534 7654 POLK COUNTY ORDINANCE NO. 94--3-4- AN 4-34 AN ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF FIREWORKS; PROVIDING FOR DEFINITIONS; REGULATING THE STORAGE AND SALE OF SPARKLERS; PROHIBITING THE SALE OR USE OF FIREWORKS; REGULATING THE PUBLIC DISPLAY OF FIREWORKS; PROVIDING FOR SALE RECORDS AND RECEIPTS; PROVIDING PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, many injuries to both persons and property occur each year as a result of improper use and illegal sale of fireworks being sold under the guise of being sparklers and, therefore, legal for consumer purchase and use; and WHEREAS, the improper use and illegal sale of items purporting to be lawful sparklers cause life and property threatening fires and fire hazards; and WHEREAS, it is deemed necessary to protect the lives and property of the people of Polk County, Florida, through regulatory measures designed and intended to reduce personal injury and property damage and minimize the possibility of fires and the creation of fire hazards; and WHEREAS, by the adoption of this Ordinance, it is the intention of the Board of County Commissioners of Polk County, Florida, to facilitate the enforcement of the statutory provisions of Chapter 791, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA; SECTION 1: Title. This ordinance shall be known as and may be cited as the Polk County Fireworks Ordinance. BOCC COUNTY ATTORNEY 863 534 7654 SECTION 2: Findings of Fact. The foregoing findings are incorporated herein by reference and made a part hereof. SECTION 3: Ap,21icabilitY. This Ordinance shall apply within all of the unincorporated areas of Polk County, Florida and all incorporated areas of the County to the extent that it does not conflict with a municipal ordinance or code. SEC__ TION 4: Definitions. 1. Division - "Division" shall mean the Polk County Fire Services Division 2. As used herein, the terms "fireworks", "sparklers", "retailer", "wholesaler", "distributor", and "manufacturer" shall have the same meaning as specified in Section 791.01, Florida Statutes. SECTION 5: Storage and Sale of Sparklers. 1. Sparklers shall be stored and/or sold in the unincorporated areas of Polk County in accordance with the Zoning Ordinance, the Fire Code, and all related fire prevention regulations, Polk County license laws, permits issued by the local fire official having jurisdiction, and all other state and local laws. 2. All manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshal pursuant to Section 791.015, Florida Statutes. 3. A retailer of sparklers shall be required to comply with the provisions of Section 791.02, Florida Statutes. -z 7 BOCC COUNTY ATTORNEY 863 534 7654 SECTION 6: Prohibition Against Fireworks; Exceptions; Permits and Regulations. 1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale, expose for sale, sell at retail, use or explode any fireworks within Polk County, Florida. 2. Anyone person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the Division. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and such other information as deemed necessary by the Division. 3. The purchaser of any fireworks from a retailer, wholesaler, distributor or manufacturer must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of t_he State Fire Marshal and otherwise in compliance with Chapter 791, Florida Statutes. 4. The seller must maintain a permanent, on-site record of all sales, including the name and address of each purchaser, the form of purchaser's identification, and proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded. 5. Any person, firm, partnership, or corporation who is not BOCC COUNTY ATTORNEY 863 534 7654 registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping same to the purchaser at an out-of-state point of delivery. 6. Any person, firm, partnership or corporation who is not registered with the division of State Fire Marshall and who, pursuant to Section 791.07, Florida Statutes, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the Polk County Sheriff's Office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in paragraph 4 above. 7. All appropriate local and state permits, registrations and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 8. The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks without the appropriate state and local permits or in violation of any portion of this ordinance. SECTION 7: Public Display of Fireworks. 1. Any person, firm, partnership, or corporation that intends to present a public display of fireworks, within the unincorporated area of Polk County, as contemplated within Section X� BOCC COUNTY ATTORNEY 863 534 7654 791.02, Florida Statutes, shall apply for and secure a permit for same from the Division before purchasing and using such fireworks. 2. The application for such permit shall be made at least fifteen (15) days prior to the event and on a form adopted by the Division. The application must be accompanied by the following: a. Proof of general liability insurance for each fireworks display in the amount of One Million Dollars ($1,000,000.00). b. A Hold Harmless Agreement executed by the applicant in favor of Polk County, Florida. SECTION 8: Vendor Receipts. Every seller of fireworks shall be required to provide to each purchaser of such item a receipt showing items sold, purchaser's name and address, seller's name and address, and date of purchase. Such receipt shall be provided at the time of purchase and the seller shall maintain the copy, which shall be available for inspection by the Division or any law enforcement officer. SECTION 9: Penalties. Any person, firm, partnership, or corporation that violates any provision of this Ordinance shall, upon conviction, in a court of competent jurisdiction, be subject to a fine not exceeding the sum of Five Hundred Dollars ($500.00) or imprisonment in the County jail for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each incidence of a violation shall constitute a separate offense. M BOCC COUNTY RTTORNEY 863 534 7654 SECTION 10: Sea _rability. If any provision of this ordinance or the application thereof to any person, firm, partnership or corporation or circumstances is held to be unenforceable or otherwise invalid, the unenforceability or invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the unenforceable or invalid provision or application, and to this end the provisions of this ordinance are declared severable. SECTION 11: Effective Date. The provisions of this ordinance shall become effective upon receipt of acknowledgement from the Department of State that a certified copy of this ordinance has been filed with said office. 31 DOCC COUNTY ATTORNEY 863 534 7654 STATE OF FLORIDA, ) COUNTY OF POLK. ) I, E. D. "Bud" Dixon, Clerk of the Board of County Commissioners of Polk County, Florida, hereby certify that the foregoing is a true and correct copy of Ordinance No. 94-34 , Ordinance regulating the Sale and Distribution of Fireworks which was adopted by the said Board in regular sesson on Tuesday, June 7, 1994 WITNESS my hand and official seal on this 8th day of June 19 94 . E. D. "Bud" Dixon Clerk (SEAL) By: % ,ovzZ e;u A/ Deputy Clerk 3,-- BOCC COUNTY ATTORNEY 863 534 7654 POLK COUNTY ORDINANCE NO. 97- 12 AN ORDINANCE AMENDING POLK COUNTY ORDINANCE NO. 94-34, THE POLK COUNTY FIREWORKS ORDINANCE; PROVIDING FOR A PERMIT FEE; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF POLK COUNTY, FLORIDA.: SECTION 1: Section 6 of Polk County Ordinance No. 94-34 is hereby amended as follows: SECTION 6: Prohibition Against Fireworks.• Exceptions,• Permits and Regulations. 1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale, expose for sale, sell at retail, use or explode any fireworks within Polk County, Florida. 2. Any person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a permit from the Division. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and shall be accompanied by a permit fee in an amount to be established by resolution of the Board of County Commissioners and such other information as deemed necessary by the Division. 3. The purchaser of any fireworks from a retailer, wholesaler, distributor or manufacturer must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the buyer is registered with the Division of the State Fire Marshal and is otherwise in compliance with Chapter 791, Florida Statutes. 33 BOCC COUNTY nTTORNEY 863 534 7654 4. The seller must maintain a permanent, on-site record of all sales, including the name and address of each purchaser, the form of purchaser's identification, and proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded. 5. Any person, firm, partnership, or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping same to the purchaser at an out-of-state point of delivery. b. Any person, firm, partnership or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.07, Florida Statutes, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by the Polk County Sheriff's Office pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in paragraph 4 above. 7. All appropriate local and state permits, registrations and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 8. The law enforcement agency having jurisdiction has the authority to close immediately any business that is selling fireworks without the appropriate state and local permits or in violation of any portion of this ordinance. 3� BOCC COUNTY RTTORNEY 863 534 7654 SECTION 2: Section 7 of Polk County Ordinance No. 94-34 is hereby amended as follows: Section : PubIic Display of Fireworks. 1. Any person, firm, partnership, or corporation that intends to present a public display of fireworks within the unincorporated area of Polk County as contemplated within Section 791.02, Florida Statutes, shall apply for and secure a permit for same from the Division before purchasing and using such fireworks. 2. The application for such permit shall be made at least fifteen (15) days prior to the event on a form adopted by the Division. The application must be accompanied by the following: a. Proof of general liability insurance for each fireworks display in the amount of One Million Dollars ($1,000,000.00); b. A Hold Harmless Agreement executed by the applicant in favor of Polk County, Florida; and C. A permit fee in an amount to be established by resolution of the Board of County Commissioners. SECTION 3: SEVERABILITY. If any portion of this ordinance is for any reason held invalid or unconstitutional by a court of competent jurisdiction, 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 4: EFFECTIVE DATE This Ordinance shall become effective upon filing ofa certified copy of the Ordinance with the Department of State. 813-464-4716 PINELLAS COUNTY ORDINANCE NO. 03- 48 r- rn AN ORDINANCE OF THE COUNTY OF PINELLAS, PROVIDING AA REGULATORY MECHANISM TO ENFORCE THE PROVISIONS Oleg FLORIDA STATUTES CHAPTER 791 REGARDING THE SALE AN USE OF FIREWORKS; AMENDING THE EXISTING ORDINANCE; 9-n TO USE THE DEFINITIONS PROVIDED FOR IN CHAPTER 791, F -S `' PROVIDING THAT THE PURCHASER OF ANY FIREWORKS -- PRODUCE DOCUMENTATION SHOWING EXEMPTION FROM, Oil` COMPLIANCE WITH, THE REQUIREMENTS OF THE FLORIDA STATUTES; PROVIDING THAT A SELLER OF FIREWORKS MUST OBTAIN A PERMIT FROM FIRE AUTHORITY PRIOR TO ENGAGING IN ANY SALES; REGULATING THE STORAGE AND SALE OR USE OF SPARKLERS; ESTABLISHING . RECORD KEEPING REQUIREMENTS ON VENDORS OF FIREWORKS WITHIN PINELLAS COUNTY; ESTABLISHING PENALTIES FOR MULTIPLE CONVICTIONS OF VIOLATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR ADDITIONS OR DELETIONS - THAT MAY ARISE AS A RESULT OF MATTERS RAISED AT THE PUBLIC HEARING OR IN CONSULTATION WITH RESPONSIBLE AUTHORITIES; PROVIDING FOR AN EFFECTIVE DATE. N O W 0 v, WHEREAS, Florida Statute Chapter 791, provides limitations on the sale and use of items defined under this chapter as "Fireworks"; and WHEREAS, many injuries to both persons and property occur each year as a result of improper use and illegal sale of fireworks being sold under the guise of being sparklers and, therefore, legal for consumer purchase and use; and WHEREAS,'the improper use and illegal sale of items purporting to be lawful sparklers cause life and property threatening fires and fire hazards; and WHEREAS, some vendors of fireworks sell to the public, fireworks which are legal for use only by certain businesses. In order to feign compliance with restrictions on sales under existing law, these vendors obtain certain representations from purchasers that the purchasers meet the legal requirements to use such fireworks without verifying the truthfulness of those statements; and WHEREAS, it is deemed necessary to protect the lives and property of the people of Pinellas County, Florida, through regulatory measures designed and intended to reduce personal injury and property damage and minimize the possibility of fires and the creation of fire hazards; and 36o FROM:FINANCE DIV GL SEC 813-464-4716 WHEREAS, by the adoption of this ordinance, it is the intention of the Board of County Commissioners of Pinellas County, Florida, to facilitate the enforcement of the statutory provision of Chapter 791, Florida Statutes. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF PINELLAS COUNTY, FLORIDA THAT .THE PATELLAS COUNTY CODE IS AMENDED AS FOLLOWS: Section 1. Section 62-81 of the Pinellas County Code is hereby amended to read as follows: Sec. 62-81, Definitions. 1 _ Authority — "Authority" shall mean the Pinellas. County Fire Authority. 2. As used herein, the terms "fireworks", "sparklers", "retailer", "wholesaler", "distributor", and "manufacturer" shall have the same meaning as specified in Section 791.01, Florida Statutes as it may, from time to time, be amended. 3. As used herein "seller" shall refer to either a wholesaler or retailer as appropriate to the context of the transaction. Section 2. Section 62-82 of the Pinellas County Code is hereby amended to read as follows: Sec. 62-82 Penalties for violation of this Division. I . Violations of this division shall be punishable and its requirements enforced as provided under See. 1-8 of this Code. Violations shall subject an offender to arrest pursuant to Florida Statues, §901.15 and prosecution pursuant to Florida Statutes, § 125.69. These sanctions are in addition to any criminal penalty which is available under the provisions of Chapter 791, Florida Statutes. 2. The law enforcement agency having jurisdiction has the authority to immediately order the cessation of the sale of fireworks at any business or location that is selling fireworks without all required permits until such time as corrective action is taken and the missing permits are obtained. Upon notification by the appropriate law enforcement agency that sales are to cease, the seller shall take appropriate action to secure its fireworks inventory immediately and to prevent 37 PAGE: 02 FROM:FINANCE DIV GL SEC 813-464-4716 PAGE:03 the further sale by securing the fireworks in an appropriate off premises locked facility that meets State and Local Fire Code standards. As an alternative to securing the fireworks off site, the business may cease operations until such time as the required permits are obtained and during this time store the inventory on site if the location is secure and meets State and Local Fire Code requirements. It shall be the obligation of the seller to ensure that adequate security is in place during any period they cease operations. Prior to resuming the sale of fireworks, the seller shall notify the Authority of its intent to resume sales and of the corrective action taken. 3. If a seller has been convicted of a violation of this division or of Chapter 791, Florida Statutes and within 12 months of that conviction is convicted again of a violation of this division or of Chapter 791, Florida Statutes, its permit to sell fireworks under Sec. 62-89 shall be suspended. The suspension shall: be in addition to any sanction otherwise available under State law or this Code. The first suspension shall be for a period of 14 days. In the event of any successive conviction of a violation of this ordinance or the provisions of Chapter 791, F.S. occurring within 24 months of a suspension of permit under this section, the seller's permit to sell fireworks shall be suspended for a period of 30 days. Upon notification of a suspension of the permit to sell fireworks, the seller shall immediately remove their fireworks inventory from their premises and store them in a secure offsite location which meets all appropriate State and Local Fire codes. Alternatively, the seller may cease operations during the period of suspension if their premises are secure and otherwise meet the requirements of Local and State fire codes. 4_ For purposes of this Division, a conviction includes the payment of the assessed fine by not contesting the notice of violation where there is no court appearance. 5. Parents or Guardians are responsible for the violations of minors. (Ord. No. 86-9, § 8, 2-11-86) Section I Section 62-84 of the Pinellas County Code is hereby amended to read as follows: M FRON:FINANCE DIV GL SEC 813-464-4716 PAGE:04 Sec. 62-84_ Storage and sale of Sparklers. 1. Sparklers shall be stored and sold in the unincorporated and incorporated areas of the county in accordance with the zoning laws, fire prevention code, license laws of the county and permits issued by the local fire official having jurisdiction and all other state and local laws 2. All manufacturers, distributors, and wholesalers of sparklers shall be registered with the State Division of Fire Marshall pursuant to Section 791.015, Florida Statutes. 3. A retailer of sparklers shall be required to comply with the provisions of Section 791,01, Florida Statutes. (Ord_ No. 86-9, § 2, 2-11-86) Section 4. Section 62-85 of the Pinellas County Code is hereby amended to read as follows - Sec. 62-85. Prohibition of Fireworks; Exceptions; Permits and Regulations. 1. Except as provided in Sections 791.02, 791.04, or 791.07, Florida Statutes, or under division 2 of this article, it shall be unlawful for any person, firm, partnership, or corporation to offer for sale at wholesale or retail, expose for sale at wholesale or retail, or use or explode any fireworks within the county. 2. The Authority shall develop an affidavit which all sellers of fireworks within the County shall use to determine the entitlement of any purchaser at retail or wholesale to buy fireworks. 3. The purchaser of any fireworks must furnish to the seller, at the time of sale, proof of identification and, if applicable, proof that the purchaser is registered with the Division of the State Fire Marshal and is otherwise in compliance with Chapter 791, Florida Statutes. The seller shall retain a copy of any proof of registration presented. 4_ The seller must maintain an on-site record of all sales, including the name and address of each purchaser, the form of the purchaser's identification presented along with any unique identifier associated with that identification (e.g. drivers 39 FROM:FINANCE DIV GL SEC 813-464-4716 license number), and, where required, proof of registration and compliance with Chapter 791, Florida Statutes. If the seller determines that registration under Chapter 791 is not required, then the basis for such exception or exemption shall be recorded on a form approved by the Authority. 5. Any person, firm, partnership, or corporation who is not registered with the Division of the State Fire Marshal and who, pursuant to Section 791.04, Florida Statutes, purchases fireworks for shipment directly out of the state, shall not be allowed to take possession of such fireworks. The seller shall retain the possession of such fireworks and shall be responsible for shipping all fireworks purchased to the purchaser or other recipient at an out-of-state point of delivery. 6. Any person, firm, partnership or corporation who, pursuant to rules promulgated by the Department of Agriculture and Consumer Services under Section 791.07, Florida Statutes, purchases firecrackers for frightening birds must provide to the seller a copy of the statement that has been filed with and stamped as received by. the Pinellas County Sheriff's dice pursuant to the rules prescribed by the Department of Agriculture and Consumer Services. The seller shall be required to maintain the stamped copy of the statement in addition to the information required in paragraph 4 above. 7. The purchaser of fireworks to be used by a railroad or other transportation agency must provide a copy of the business license or other government issued document evidencing that the purchaser is a legitimate railroad or transportation agency. A commercial drivers license, by itself, does not meet the requirements of this section. A copy of this document must be maintained by the seller. 8. The purchaser of fireworks to be used in quarrying or for blasting or other industrial use must produce a copy of the quarry or mine permit or business license or other governmentally issued document showing that the purchaser is operating a mine, quarry or other industrial enterprise. The seller shall maintain a copy of this proof and note the use for which the fireworks shall be used. The seller shall also record the location where the fireworks will be used.The purchaser of fireworks to be used in a public display such as .those authorized under Division ? of this Section, must produce a copy of the current permit from a I+ o PAGE: 05 FROM:FINANCE DIV GL SEC 813-464-4716 PAGE:06 county or municipality and the seller must keep a copy of this permit with the record of sale. 9. All appropriate local and state permits, registrations, certificates and licenses must be displayed at each retail, wholesale, distributing, or manufacturing site. 10. The seller must maintain copies of the records required by this chapter at the location where the sale took place for a period of four years from the date of the sale. If the location of the sale was in a temporary facility, the records must be maintained at that site for the duration of the existence of the temporary facility and thereafter for the remainder of the four years in a location within Pinellas County which location shall be listed on the application for the permit from the Authority. These records must be available , and provided immediately upon request for inspection by Fire or Law Enforcement officials. in the event that the sales location, other than a temporary site, closes or moves, the records required by this section to be retained must be stored at a location in Pinellas County where they will be readily available for inspection by the Authority, Fire Officials or Law Enforcement. The seller shall advise the authority of any change in the location of these records. (Ord. No. 86-9, § 3, 2-11-86) Section 5. Section 62-89 of the Pinellas County Code is hereby created to read as follows: Sec. 62-89. Fire Authority to Issue Permits Governing the Sale of Fireworks. 1. The Fire Authority is authorized to issue permits which shall be required for all sales of fireworks within Pinellas County subject to the limitations of Sec. 62-83. 2. Any person, firm, partnership, or corporation engaging in the sale, at retail or wholesale, or in the distributing or manufacturing of fireworks must first apply for and secure a .permit from the Authority. This requirement is in addition to any licensing or permitting required by any municipality. Any sale of fireworks without first obtaining a permit is a violation of this Division. 3. In order to obtain a permit, the applicant, must provide proof of compliance with all State and Federal regulations regarding the storage, display for sale and sale of M FRON:FINANCE DIV GL SEC 813-464-4716 PAGE:07 fireworks at each location listed on the application. 4. The application for such permit shall include proof that the applicant is registered with the Division of the State Fire Marshal as a wholesaler, distributor or manufacturer of fireworks pursuant to Section 791.015, Florida Statutes, and shall be accompanied by a permit fee in an amount to be established by resolution of the Board of County Commissioners which may be set in an amount sufficient to pay for the cost of regulatory requirements of this ordinance. 5. The applicant must show evidence of Financial Responsibility pursuant to Sec. 62- 90. 6. The applicant must disclose the name and address of all persons or entities having an interest (financial, security or otherwise) in. the inventory that will be offered for sale. 7. Each location at which the applicant intends to display fireworks for sale --or sell fireworks must be Iisted on the application. The application must also list the name of the manager in charge of each location and their address. The permit shall be issued in the name of the applicant only and shall not be transferable. 8. The application for the permit shall also list the nature of any other sales or business operations of the applicant which are to take place at the permitted premises. 9. Once a permit is issued, the permit holder shall have a continuing obligation to notify the Authority of any change in the. information set forth in the application for the permit including, but not limited to any changes in physical address closure of the permit holders operations at any location where the permit holder does business in Pinellas County. 10. As a condition of maintaining the permit, the permit holder must comply with all Federal, State and Local regulations governing the sale and storage of Fireworks, and must maintain all necessary permits required by Federal, State or Local law, ordinance or regulation. The permit holder must also comply with the record keeping provisions of this division. 11. The Authority is authorized to issue Temporary Fireworks Sales Permits which shall be in force for a period not to exceed 90 days and Annual Fireworks Sales 42- FROM:FINANCE DIV GL SEC 8.13-464-4716 PAGE:08 Permits which shall remain in effect for no longer than 12 months. Section 6. Section 62-90 of the Pinellas County Code is hereby created to read as follows: Sec. 62-90. Evidence of Financial Responsibility. In furtherance of the provisions of Sec 62-88, all sellers of fireworks, must keep in force an insurance policy showing general, comprehensive, liability and property damage insurance coverage on an occurrence basis with minimum limits in the policy of not less than one million dollars ($1,000,000.00) combined single limit coverage for each loss that may result from the activities of the sellers. Sellers must maintain Workers' Compensation coverage as required pursuant to Chapter 440, Florida Statutes. A failure to maintain "this required coverage after the procurement of a permit shall be a violation of this Division and grounds for suspension of their permit from the Authority and the sale of the permitted goods as set forth in Sec 62-82 shall cease until such time: as the required insurance is obtained. Section 7. Section 62-91 of the Pinellas County Code is hereby created to read as follows: Sec. 62-91. Severability. If any Section, Subsection, sentence, clause, phrase or provision of this Ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, such holding shall not be construed to render the remaining provisions of this Ordinance invalid or unconstitutional. Secs. 62-92--62-95. Reserved. Section 8_ Amendment of Proposed Ordinance at Public Hearing. If any section, subsection, clause or provision of this ordinance as proposed to be amended, added, or deleted by majority vote of the Commission as a result of matters raised at the public hearing or in consultation with responsible authorities, then such amendments, additions, or deletions shall be validly adopted without additional advertisement or hearing_ L-3 FROM:FINANCE DIV GL SEC 813-464-4716 Section 9, Effective Date_. The provisions of this ordinance shall become effective upon filing of a certified copy of this ordinance with the Department of State but in no event prior to September 1, 2003. FA1JSERSIA17YIATY1CB3 [\Fire AuthoritylFircworkMpprovcd Fireworks Ordinance 6-24-2003.doc 44 PAGE: 09 824 So.2d 970 27 Fla. L. Weekly D1876 (Cite as: 824 So.2d 970) District Court of Appeal of Florida, Third District. The STATE of Florida, Petitioner, V. John MIKETA, Respondent. No. 3D00-2421. Aug. 21, 2002. Following dismissal in County Court of charges alleging defendant had illegally sold fireworks to undercover police, the State appealed. The Circuit Court, Monroe County, W. Thomas Spencer, J., affirmed. The State petitioned for certiorari review, seeking to quash the order of the Circuit Court. On petition for certiorari review, the District Court of Appeal, Cope, J., held that the State's insistence that fireworks sellers should be required to exercise due diligence in verifying that specific fireworks transactions are exempt from the general statutory ban on fireworks sales did not warrant the exercise of certiorari jurisdiction. Petition denied. West Headnotes u Certiorari X11.1 73k11.1 Most Cited Cases Certiorari jurisdiction is to be sparingly invoked, where the District Court of Appeal is asked to review decisions of the Circuit Court sitting in its appellate capacity. U2 Certiorari X17 73k17 Most Cited Cases State's insistence that fireworks sellers should be required to exercise due diligence in verifying that specific fireworks transactions are exempt from the general statutory ban on fireworks sales did not warrant the exercise of certiorari jurisdiction by the District Court of Appeal with respect to an appellate order of the Circuit Court dismissing criminal charges against one particular fireworks provider who merely relied upon the representations of customers concerning the exempt status of certain transactions; the Circuit Court order did not depart from the essential requirements of law, given the Page 1 nonexistence of statutory language imposing upon sellers such an obligation to exercise due diligence. West's F.S.A. § § 791.0 2, 791.04. *971 Robert A. Butterworth, Attorney General, and Michael J. Neimand, Assistant Attorney General, for petitioner. Hunton & Williams and Thomas R. Julin and Eduardo W. Gonzalez and John W. Wylie, for respondent. Before COPE, GERSTEN and GREEN, JJ. COPE, J. The State petitions for a writ of certiorari, whereby it seeks to quash an order of the circuit court entered in its appellate capacity. We deny the petition. i. The State charged dcfendani-respondcni John. Miketa with the illegal sale of fireworks to an undercover detective, in violation of section 791.02, Florida Statutes 1999). This is a misdemeanor charge, id § 791.06, which was filed in the county court. Defendant filed a sworn motion to dismiss pursuant to Florida Rule of Criminal Procedure 3.190(c)(4). It stated: 1. On April 30, 1999, Detective Alberto Ramirez came into Phantom Fireworks, located at 106150 Overseas Highway, Key Largo, Florida, where JOHN MIKETA was employed as the manager. 2. Detective Alberto Ramirez executed Phantom Fireworks' "Wholesale Verification Certificate," wherein he indicated that he was 18 years of age or older, and that he had reviewed Section 791.04 of Chapter 791, Florida Statutes; and that his purchase and use of the fireworks fell within the exceptions specified therein. A copy of the document executed by Det. Ramirez is attached hereto.... This Certificate was subsequently confiscated by Detective Ramirez.... 3. After confirming that Detective Ramirez had executed the Certificate and was exempt from the provisions of 791.02, Florida Statutes, I sold to Detective Ramirez one Longhorn Beyond 2000 # 900 Aerial Salute and one Black Cat Brand Aerial Shower. 4. At no time during the conversation that JOHN Copr. 0 West 2003 No Claim to Orig. U.S. Govt. Works 824 So.2d 970 27 Fla. L. Weekly D 1876 (Cite as: 824 So.2d 970) MIKETA had with Detective Ramirez on April 30, 1999, did he indicate his purpose or intended use of the fireworks. Additionally, at NO time did Det. Ramirez advise JOHN MIKETA: *972 A) That he was not a wholesaler, manufacturer or distributor of fireworks; B) that he did not hold a permit from the board of county commissioners for a display of fireworks covered by such permit; C) that the fireworks would not be used by a railroad or other transportation agency for signal purposes or illumination D) that the fireworks would not be used in quarrying or for blasting of other industrial use; E) that the fireworks would not be used for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed Forces; F) that the fireworks would not be used for fri¢htenine birds from aerieultural works and fish hatcheries. 5. In fact, JOHN MIKETA advised Det. Ramirez that the law does not provide any exemption for the personal use of fireworks. 6. When Det. Ramirez asked JOHN MIKETA if he could "go home and shoot them off," JOHN MIKETA advised him that he could not; and that he needed to read the law to determine if he qualified for any exemption to the statute. The certificate signed by the undercover officer stated: PHANTOM FIREWORKS WHOLESALE VERIFICATION CERTIFICATE I Acknowledge and agree that: -- I am eighteen (18) years of age or older. -- 1 have reviewed Section 791.04 of Chapter 791, Florida Statutes, and my purchase and use of the fireworks falls within the exceptions specified therein. -- The seller is not responsible for any damages or injuries caused by the use, misuse, improper use, or illegal use of the fireworks. I will indemnify and hold the seller harmless from any claims brought as a result of such damages and injuries. -- No representations, either oral or implied, other than those set forth above, have been made by any parties to this transaction. The statute referenced by the foregoing documents is section 791.04, Florida Statutes. It provides: 791.04 Sale at wholesale, etc., exempted. -- Nothing in this chapter shall be construed to Page 2 prohibit any manufacturer, distributor, or wholesaler who has registered with the division pursuant to s. 791.015 to sell at wholesale such fireworks as are not herein prohibited; to prohibit the sale of any kind of fireworks at wholesale between manufacturers, distributors, and wholesalers who have registered with the division pursuant to s. 791.015; to prohibit the sale of any kind of fireworks provided the same are to be shipped directly out of state by such manufacturer, distributor, or wholesaler; to prohibit the sale of fireworks to be used by a person holding a permit from any board of county commissioners at .the display covered by such permit; or to prohibit the use of fireworks by railroads or other transportation agencies for signal purposes or illumination or when used in quarrying or for blasting or other industrial use, or the sale or use of blank cartridges for a show or theater, or for signal or ceremonial purposes in athletics or sports, or for use by military organizations, or organizations composed of the Armed *973 Forces of the United States; provided, nothing in this chapter shall be construed as barring the operations of manufacturers, duly licensed, from manufacturing, experimenting, exploding, and storing such fireworks in their compounds or proving grounds. The county court granted the motion to dismiss and the State appealed. FNI The circuit judge affirmed with an order which stated: FNI. The State attached to its traverse an undeicovei recording made by the detective on a different date, wherein the seller referred to the "Wholesale Verification Certificate" as something which "gets around the lava a little bit." The county court struck the affidavit because the recording was not made in the present case. The State did not pursue a challenge of that niling, and we do not consider it here. F.S. 791.04 provides exemption for numerous types of sales. No procedure, duty or criteria of any kind is specified for determining the existence or validity of a claimed exemption. Other Florida Statutes specifically spell out what is required. See: F.S. 893.02(19) "... pharmacists shall obtain proof ... of the validity of said prescription." F.S, 562.11(1)(b) listing forms of identification to be checked to determine age for purchase of alcohol. F.S. 790.065(1)(a) requiring completion of a detailed state issued questionnaire and inspection Copr. 0 West 2003 No Claim to Orig. U.S. Govt. Works 824 So.2d 970 27 Fla. L. Weekly D1876 (Cite as: 824 So.2d 970) of a photo I.D. for purchase of a firearm. In the case, sub judice, the purchaser signed a certificate saying he had read the statute and he comes within one of the exceptions. The statutory exemptions are numerous and vague. Legal sales include purchases by: 1. Wholesalers and distributors 2. County permit holders 3. Users for illumination and signaling by railroads 4. Users for industrial purposes 5. Sport events 6. Ceremonial purposes 7. Frightening birds from agricultural works The [purchaser] said, in writing, that he comes under one of the above. The statute requires nothing more. No crime was committed. (Citations omitted). The State has petitioned for a writ of certiorari. Il. We conclude that the petition for writ of certiorari must be denied. After the adverse ruling in the county court, the State exercised its right to a direct appeal to the circuit court. From an adverse ruling in the circuit court, the State now seeks certiorari review here. LU Certiorari jurisdiction is to be sparingly invoked, where the district court of appeal is asked to review a decision of the circuit court sitting in its appellate capacity. See Ivey v. Allstate Insurance Co., 774 So.2d 679, 682-83 (F1a.2000) Haines City Community Development v. Hegks. 658 So.2d 523 529-31 Fla. 1995). The Ivey opinion states: It is well-established that certiorari should not be used as a vehicle for a second appeal in a typical case tried in county court. Kennington v. Gillman. 284 So.2d 405 (Fla. 1st DCA 1973). When issuing this writ, district courts are guided by the bookend discussions in Combs v. State. 436 So.2d 93 Fla, 1983 , and Haines City Community Development v. Heggs, 658 So.2d 523 (Fla. 1995). In essence, the supreme court has cautioned the district courts to be prudent *974 and deliberate when deciding to exercise this extraordinary power, but not so wary as to deprive litigants and the public of essential justice. Combs and Heins analyze the district courts' power over a "second appeal" certiorari in terms of discretion. Thus, these cases recognize that the district courts have jurisdictional power to review a Page 3 circuit court decision in its appellate capacity. The controlling question is whether the discretion given to the district court under the limited standard of review provided by a petition for writ of common law certiorari is sufficient to authorize a remedy for the error committed in this case. Existing case law establishes that the departure from the essential requirements of the law necessary for the issuance of a writ of certiorari is something more than a simple legal error. Both Combs and Hees• suggest that the district court should examine the seriousness of the error and use its discretion to correct an error "only when there has been a 'violation of [a] clearly established principle of law resulting in a miscarriage of justice." Heggs, 658 So.2d at 528 (quoting Combs v. State. 436 So.2d 93, 95-96 (Fla. 1983)). 774 So.2d at 682. j2] In the present case, the State's petition for writ of certiorari asks this court to impose a due diligence requirement on the sellers of fireworks. The State argues that when a purchaser of fireworks executes an affidavit like that involved here, the seller of fireworks must request further documentation to establish that the transaction is, in fact, exempt. Both the county court and circuit court declined to impose such a requirement. They reasoned in essence that this is a penal statute, and neither court was disposed to create a verification requirement (such as now exists for the sale of alcoholic beverages) which is not spelled out in the statute itself. If there are to be mandatory verification requirements (such that failure to follow them would be a crime), then those requirements should be placed in the statute by the legislature rather than imposed by court decision. We conclude that the order now before us does not depart from the essential requirements of law. The State may, of course, present the issue to the legislature for its consideration. The petition for certiorari is denied. FFN21 FN2. Speaking just for himself, the writer of this opinion would n—take the following observation. It would seem a matter of common sense that the sale of two firecrackers to a walk-in customer cannot be an exempt transaction, regardless of what the affidavit says, and that a reasonable retailer of fireworks would know this. Two Copr. C West 2003 No Claim to Orig. U.S. Govt. Works 824 So.2d 970 27 Fla. L. Weekly D1876 (Cite as: 824 So.2d 970) firecrackers is not a wholesale amount, nor an amount which a local government would purchase to put on a fireworks show, nor a commercial quantity which might be employed by a railroad, quarry, or other enterprise. See § 791.04 Fla. Stat. Presumably persons with expertise would supply affidavits in support of a traverse so stating. If a reasonable retailer of fireworks would realize that the transaction is not exempt and the affidavit is untrue, then a verified motion to dismiss like the one now before us should be denied, and the case should proceed to the jury. See State v. Ortiz, 766 So.2d 1137, 1142 (Fla. 3d DCA 2000. No such traverse, or argument, has been presented in the present case. Further, since the affidavit indicate-, a wholesale transaction, the question how a fireworks sale was treated for sales tax purposes may be instructive. See 54 Fla. Jur.2d Taxation § 3492 et seq. 1999); 55 Fla. Jur.2d Taxation & 3612 (1999). 824 So.2d 970, 27 Fla. L. Weekly D1876 END OF DOCUMENT Copr. 0 West 2003 No Claim to Orig. U.S. Govt. Works Page 4