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HomeMy WebLinkAboutPacket 07-20-2004 4A E s� r 9 City of Cape Canaveral w CITY OF CAFE CANAVlRAL CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 20, 2004 7:00 PM AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATIONS: Summer Beautification Award Winner Johnson Controls -7315 N. Atlantic Avenue CONSENT AGENDA: 1. City Council Regular Meeting Minutes of July 6, 2004. 2. Outdoor Entertainment Permit for National Night Out. CONSIDERATIONS: 3. Motion to Approve: Approval of Florida Recreation Development Assistance Program Grant Agreement. 4. Motion to Approve: Emergency Purchase/Repair of Wastewater Treatment Plant Computer System Damaged by Lightning. 5. Motion to Approve: Proposal for the Reuse Water Line Extension to the 100 Block of Johnson Avenue. 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: ccapecanaveralC>cfl.rr.com G; City of Cape Canaveral, Florida City Council Regular Meeting Agenda July 20, 2004 Page 2 ORDINANCES: Second Public Hearing: 6. Motion to Adopt- Ordinance No. 13-2004; Amending Chapter 10, Article IV, of the City Code Pertaining to Sexually Oriented Business and Adult Entertainment, at second reading. ORDINANCES: First Public Hearing: 7. Motion to Approve: Ordinance No. 14-2004; Annexation of the Avon-By-The- Sea Area, at first Reading. DISCUSSION: 8. Proposed Brevard County Educational Facilities Impact Fee Ordinance. REPORTS: 1. City Manager 2. Staff 3. City Council AUDIENCE TO BE HEARD: Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five(5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. ADJOURNMENT: Pursuant to Section 286.0105,Florida Statutes,the City hereby advises the pubic that: ff 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 diisabMies needing assistance to participate in any of these proceedings should contact the City Clerk's office(868-1221)48 hors in advance of the meeting. CITY COUNCIL REGULAR MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY July 6, 2004 7:00 PM MINUTES CALL TO ORDER: Council Members Present: Mayor Pro Tem Bob Hoog Council Member Jim Morgan Mayor Rocky Randels Council Member Richard Treverton Council Members Absent: Council Member Steve Miller Others Present: City Manager Bennett Boucher City Attorney Anthony Garganese Recording Secretary Virginia Haas Recreation Director Nancy Hanson City Planner Todd Peetz Public Works Director Ed Gardulski PRESENTATIONS: School District Representative Bea Fowler, School Board Update. Bea Fowler, School District Representative, reported that Capeview Elementary school is an "A" school as well as one of the few schools that attained adequate yearly progress. Ms. Fowler addressed the dwindling enrollment in that Capeview has a high mobility rate of 71%. She explained that Johnson Control and USA Space have adopted Capeview Elementary and NASA is also interested in establishing a science program. Ms. Fowler stated that her goal was to convince the school board to create Capeview as a Science and Math School of Choice. Ms. Fowler responded that enrollment at Capeview was 389 last year. Currently student enrollment is at 340 and they are expecting more enrollments during registration. Ms. Fowler responded to Mr. Morgan that average class size for grades 1-3 should be limited to 18 and grades 4-8 are limited to 22. Ms. Fowler reiterated that a School of Choice for Math and Science would increase the enrollment. Ms. Fowler replied to a question from the audience that Capeview strives to maintain enrollment at 350. Ms. Fowler requested that Council attend school board meetings and support the math and science school of choice. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 2 of 8 Ms. Fowler responded to Mr. Boucher that the school impact fee would not impact this area due to the City being built out. CONSENT AGENDA: 1. City Council Regular Meeting Minutes of June 15, 2004. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Consent Agenda Item No. 1. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. CONSIDERATIONS: 2. Motion to Approve: Appropriation for Irrigation/ Landscaping of Manatee Sanctuary Park in the Amount of$7,135.00. A motion was made by Mr. Treverton and seconded by Mr. Morgan to Approve the Appropriation for Irrigation/Landscaping of Manatee Sanctuary Park in the Amount of$7,135.00. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 3. Motion to Approve: Award for Request for Proposal No. 04-03, Continuing Consulting Services Traffic Engineering. Mayor Randels explained the history of the request for proposal and that the award would be based on the firm's ability to perform the work not cost. Mr. Gardulski explained that the City has used the top choice firm for the past three years. Council concurred with Mr. Gardulski's ranking sheet. A motion was made by Mayor Pro Tem Hoog and seconded by Mr. Treverton to Approve the Award for Request for Proposal No. 04-03, Continuing Consulting Services Traffic Engineering Per the Public Works Ranking Sheet. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 4. Motion to Approve: Designation of a Voting Delegate to the 2004 Florida League of Cities Annual Conference. A motion was made by Mayor Randels and seconded by Mr. Treverton to Approve the Designation of Mayor Pro Tem Hoog as the Voting Delegate to the 2004 Florida League of Cities Annual Conference. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 3 of 8 ORDINANCES: Second Public Hearing: 5. Motion to Adopt: Ordinance No. 12-2004; Amending Chapter 80, Vehicles for Hire, at second reading. Mayor Randels read Ordinance No. 12-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 80 OF THE CODE OF ORDINANCES, VEHICLES FOR HIRE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE CODE; SEVERABILITY;AND AN EFFECTIVE DATE. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to adopt Ordinance No. 12-2004, at second reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. ORDINANCES: First Public Hearing: 6. Motion to Approve: Ordinance No. 13-2004; Amending Chapter 10, Article IV of the City Code Pertaining to Sexually Oriented Business and Adult Entertainment Establishments and Related Matters, at First Reading. Attorney Garganese read Ordinance No. 13-2004 by title. AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING CHAPTER 10, ARTICLE IV, OF THE CAPE CANAVERAL CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MATTERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLATIVE PURPOSES, FINDINGS AND INTENT; PROVIDING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZING OBSCENITY AS UNLAWFUL; PROVIDING FOR DEFINITIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROVIDING FOR AND REQUIRING LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVIDING FOR CLASSIFICATION OF LICENSES; PROVIDING FOR APPROVAL AND DENIAL OF LICENSE APPLICATIONS; PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLICANTS; PROVIDING FOR INVESTIGATIONS; PROVIDING FOR REAPPLICATION; PROVIDING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING FOR RESPONSIBILITIES OF CITY AND GOVERNMENT OFFICIALS AND DEPARTMENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION,TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHIBITING THE TRANSFER OF LICENSES; PROVIDING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROVIDING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGISTERS AND INSPECTION THEREOF; PROVIDING FOR DUTIES AND OBLIGATIONS; PROVIDING FOR PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY ESTABLISHMENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PROHIBITIONS; PROVIDING FOR LICENSEE CONSENT; PROVIDING FOR SPECIFIC PROVISIONS RELATING TO VARIOUS CATEGORIES OF City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 4 of 8 LICENSEES; PROVIDING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PROVIDING REGULATIONS FOR ADULT PERFORMANCE ESTABLISHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABLISHMENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULATIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULATIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY WORKERS AND OPERATORS; PROVIDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVIDING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PROHIBITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECUTION FOR CERTAIN GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. Attorney Garganese reviewed the advertisement procedures and evidentiary records. Attorney Garganese requested a motion accepting the legislative studies into the record. A Motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to accept the legislative studies into the record. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. Attorney Garganese summarized the Adult Entertainment Ordinance beginning with page 15 of the Ordinance that includes the definitions of terms. Attorney Garganese briefly reviewed the following areas of the Ordinance: Page 27: establishing the penalties. Page 28: Licensing requirements. Page 29: Duties of the Departments. Page 37: Revocation and suspension of licenses and procedures for hearings. Page 43: General regulations on Conduct. Pages 45-47: Conduct and building regulations. Page 51, Section 10-82: Prohibited activities for customers. It was noted that Page 55, section10-86 and 10-87 numbering might be incorrect. Attorney Garganese continued his summarization: Page 61: Zoning requirements. Attorney Garganese responded to Mayor Randels that Florida Statues require those types of establishments to be 2,500 feet from a school. Mr. Treverton noted on page 16 that a possible discrepancy may have occurred in regards to the description of the size of the sign. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 5 of 8 Attorney Garganese replied to Mayor Pro Tem Hoog that this Ordinance would be enforced just as any other law on the books. Mr. Boucher summarized that this ordinance derived due to diligent code review and he recommends approval. A Sheriffs Department representative advised that Michelle Jackson from the State Attorney's Office would like to review this ordinance. A motion was made by Mr. Treverton and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 13-2004 with noted changes above, at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. 7. Motion to Approve: Ordinance No. 14-2004; Proposing to Annex Real Property Known as Winslow Beach or the Unincorporated Area Lying Between the Cities of Cape Canaveral and Cocoa Beach, at First Reading. Mayor Randels read Ordinance No. 14-2004 by title. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AIA TO THE ATLANTIC OCEAN, AND OTHERWISE KNOW AS WINSLOW BEACH OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY,AND FOR A CONTINGENT EFFECTIVE DATE. Todd Peetz, City Planner, reported that less than 80 acres were identified and the total of registered voters is currently 33%. Mayor Randels explained the referendum question and how it would be worded. Brett Hitchins, Avon by the Sea, noted that Winslow Beach to some residents may appear to be a resort rather than an area and requested this be reworded to include boundaries. Mr. Boucher explained that there would be a map and legal description at the polling areas. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 6 of 8 Marcy Leto reiterated that it is vitally important to indicate the precise area that is to be annexed. Mark Nelson inquired if the resident's mailing addresses would change? Mr. Nelson stated that he would prefer his mailing address to continue as Cocoa Beach. He further explained he was indifferent to the annexation but this would affect his decision. Mr. Boucher explained that the Level of Services report was delivered to Brevard County. The County has recommended a transitional period to resolve any issues and October 1, 2005 is the proposed effective date. Jim Derocher, Avon by the Sea, stated his support for the annexation. Mr. Derocher suggested a contract or list for Avon by the Sea residents of what can be expected from the City, if annexed. Mr. Leo Nicholas, Cape Canaveral, stated that Avon By the Sea Residents should conform to Cape Canaveral's regulations. Mr. Boucher responded to Shawn Schaffner that the City of Cocoa Beach chose not to pursue annexing Avon by the Sea. Mr. Donald Dunn, Cape Canaveral, inquired as to the advantages and disadvantages of the annexation as well as the cost to city. Mr. Boucher responded that a Level of Service Report is available for review in the City Clerk's Office and on the City Web Site. Mr. Mark Nelson, questioned whether the ordinance would effect the two fireworks establishments? Mr. Nelson also noted that the speed limits at the port intersection are not being followed. Mayor Randels summarized the traffic citations issued for the previous Friday night. There was discussion regarding the adult entertainment establishments and non- conforming uses. There was a question from the audience regarding the soup kitchen on Cleveland Avenue and whether that function was a conforming use. Avon by the Sea residents inquired about police service. Canaveral precinct would respond to calls if Avon by the Sea were annexed into Cape Canaveral. A question from the audience was asked regarding an ensuing lawsuit due to an adult entertainment ordinance. Ms. Linda Gibson, Avon by the Sea, asked when the Comprehensive Plan amendment process might begin? Mr. Peetz responded that the comprehensive plan change could coincide with the October 1, 2005 transition date. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 7 of 8 Council agreed on the October 1, 2005 effective date, which the Ordinance title will be amended to reflect. Council agreed the ballot question would be amended to add "a portion of Avon by the Sea, generally from Grant Ave. to Young Ave., . . ." in order to provide voter clarity. An amendment to the main motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 14-2004 as noted above, at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. A vote on the main motion as amended was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Approve Ordinance No. 14-2004, at first reading. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. DISCUSSION: 8. Waste Management Proposal for Contract Extension. George Geletko, Waste Management, summarized the capabilities, products, service and history of the company. Mr. Geletko explained the following contract enhancements: • No CPI if growth rate is higher than 5% for term of renewal. • C&D Roll-Off open market. • Cocoa billing charge - $0.35 deducted from each customer bill. • Multi-family recycling rate reduction • Fully-automated cart system Following some discussion Council agreed to direct staff to prepare a contract renewal with Waste Management, for an additional five-year period. RESOLUTION: 9. Motion to Adopt: Resolution No. 2004-23; Authorizing the City Manager to Apply for the 319 (h) Non Point Source Pollution Program and Adopting the Grant into the City's Capital Improvement Program. Amy Adams, City Grant Writer, explained that Florida Environmental Protection Agency is the main grant source and the St. Johns River Water Management District may fund the matching grant portion for the Central Ditch project area. A motion was made by Mr. Morgan and seconded by Mayor Pro Tem Hoog to Adopt Resolution No. 2004-23. The vote on the motion carried 4-0 with voting as follows: Mayor Pro Tem Hoog, For; Mr. Morgan, For; Mayor Randels, For and Mr. Treverton, For. City of Cape Canaveral, Florida City Council Regular Meeting July 6, 2004 Page 8 of 8 REPORTS: 1. City Manager • Mr. Boucher announced the Cocoa Beach Area Chamber of Commerce Wednesday/Friendsday on July 7th from 5:30 p.m. — 7:00 p.m. at the Radisson. • Mr. Boucher reported the arrival of the Portugal delegation and the Mayor's reception on Monday, July 12th from 6-7 p.m. at the Radisson as well as the Special Meeting on Thursday, July 15th at 7 p.m. in the Annex. There being no further business, the Chair adjourned the meeting at 10:30 P.M. Rocky Randels, Mayor Virginia Haas, Recording Secretary SQpCE A�'O Meeting Type: Regular s, y Meeting Date: 07-20-04 AGENDA C- os Heading CONSENT CAPE CANRVERIIL Item 2 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: OUTDOOR ENTERTAINMENT PERMIT FOR NATIONAL NIGHT OUT DEPT./DIVISION: ADMINISTRATION Requested Action: City Council approve the Outdoor Entertainment Permit for National Night Out on August 3,2004. Summary Explanation&Background: See Attached Application and program summary. Exhibits Attached: Permit/Sheriff's Memo of 06-29-04 City Department CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR SPECIAL OUTDOOR ENTERTAINMENT PERMIT Permit No. Date: The applicant or representative agrees to be on site at all times empowered with authority over all aspects of the event and empowered to act for the applicant. Name of Applicant: George McGee/Bennett Boucher Title: Pct. Commander/City Manager Firm: Brevard County Sheriff's Office/City of Cape Canaveral Address: 111 Polk Avenue Cape Canaveral, FL 32920 Telephone: (321) 868-1113 FAX:(321) 784-8340 Local Contact: Corporal Brenda Deans Title: Corporal Local Address(if different from above) Same Type of Event: National Night Out — Community event Event Date(s) in Cape Canaveral: 08/03/04 Location(s): 111 Polk Avenue Date(s) 08/03/04 Time 5:00 — 8:00 P.M. Attach map(s) indicating event area and designated parking areas. gUraffic Control NUse of Police/Fire Rescue Equipment 2Street Closing []Vehicles/Equipment on Beach []Other []Vehicle Parking on City Property Specify: �0,.: 3��;ca �`" c�scnc-?�. �,� P . rc_ ,n j��1 :�z ✓CJS By signing this application,the applicant acknowledges and agrees to the following provisions: I. 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 $300,000.00 damage or injury to any one person for bodily injury or otherwise, plus $25,000.00 damage to property, and for not 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 for a special outdoor entertainment permit,together with adequate evidence that the premiums are paid. Name of Insurance Co: '�`'``"" ' ` '`� t -� ��Policy No: Expiration Date: 2 `fy II. PROMOTIONAL AUTHORIZATION Permittee authorizes the City of Cape Canaveral to utilize Permittee's name and project for public relation purposes and other media related purposes. III. EXPENSES/FEES The applicant agrees to pay the City, in advance, for any services provided by the City at the City's usual rates and any other permit fees that may be applicable to the particular production as required by the City of Cape Canaveral. IV. EXEMPTIONS Non-profit organizations may seek a waiver of any of the outdoor entertainment code requirements if the sections waived dealing with the health, safety 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 are seeking. X Date ✓��` �i�`� A r R ative/Title Approved by City of Cape Canaveral: City Representative's Name: Title: i Signature: 1. Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral,FL 32920 Phone: (321) 868-1230 Fax: (321) 868-1224 Sheriff Philip B. Williams BREVARD COUNTY SHERIFF'S OFFICE 700 Park Avenue • Titusville, Florida 327230-4095 • (321) 264-5201 Fax (321) 264-5360 June 29, 2004 Member Florida Sheriffs Association National Sheriffs Association City of Cape Canaveral North Precinct City Manager, Mr. Bennett Boucher 700 Park Avenue 105 Polk Avenue Titusville,FL 32780 Post Office Box 326 (321)264-5353 Cape Canaveral, Florida 32920 Fax(321)264-5359 East Precinct Reference: National Night Out 2575 N.Courtenay Pkwy. Merritt Island,FL 32953 Dear Mr. Boucher: (321)455-1485 Fax(321)455-1486 As you are aware, the 21" Annual National Night Out has been scheduled for August 3, 2004. The event will be held in the parking lot and park adjacent to Canaveral Precinct the south side of Canaveral Precinct, from 5:00 p.m. to 8:00 p.m. We have 111 Polk Avenue begun preparations for this event and would appreciate your assistance with Cape Canaveral,FL 32920 the following.' (321)868-1113 Fax(321)784-8340 Poinsetta Avenue between Polk and Taylor will be closed beginning at 4:00 West Precinct p.m. through the end of the event. Mr. Gardulski is aware of this request and 2725 Judge Fran Jamieson has agreed to assist. We anticipate a display of Fire Department vehicles in Way, Bldg.E this area. Viera,FL 32940 (3 21)633-2123 The parking lot on the south side of the precinct will be used for this event. We Fax(321)633-1965 request that all vehicles are vacated from the lot by 3:00 p.m. on August 03. South Precinct We have several "National Night Out" banners for display in various locations 50 S.Nieman Avenue throughout the City, preferably three weeks prior to the event. If possible, we Melbourne,FL 32901 would like to request assistance from the street division in hanging them. (321)952-4641 Fax(321)952-4635 We request the City utilize the Marquee Sign to advertise the event, up to two Brevard County (2) weeks prior to August 03. Detention Center P.O.Box 800 We will also require additional funding for refreshments. Use of credit card 660 camp Road will be sufficient rather than check requests. Sharpes,FL 32959 (321)690-1500 At this point, we want to ensure that all necessary notifications are completed, Fax(321)635-7800 including Street Division, Parks &Recreation, County Library and your staff. _X Please advise Corporal Brenda Deans of any questions you may have regarding this event. • LI An Internationally Accredited Low Enforcement Agency Sincerely, Philip B. Williams Brevard County Sheriff Commander George McGee Cape Canaveral Precinct GM.-sm C: City Clerk Susan Stills Public Works Director Ed Gardulski Recreation Director Nancy Hanson Library Director Isabel Escapa Kay McKee, Streets, Beautification Division CE qNd Meeting Type: Regular s. Meeting Date: 07-20-04 AGENDA - -- OF Heading CONSIDERATION CITY WF!WNAVERAL Item 3 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: APPROVAL OF FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM GRANT AGREEMENT DEPT./DIVISION: Requested Action: City Council authorize the Mayor to execute the Florida Recreation Development Assistance Program Grant Agreement with the Florida Department of Environmental Protection for the Banana River Park Project as recommended by the Parks and Recreation Director. Summary Explanation&Background: The amount of the state grant is$112,500 with a City match of$37,500,for a total of$150,000. Funds will be utilized to develop Banana River Park with a soccer field, picnic facilities, playground, fishing platform, parking and landscaping. Representative Allen will present City Council with the check. I support the Parks and Recreation Director's recommendation for approval of this Grant Agreement. Exhibits Attached: Grant Agreement/Parks and Recreation Director Memo City Mana a Office Department c:\winnt\profiles\virginiah\desktop\07-20-04 agenda\frdap.doc CITY OF CAPE CANAVERAL Parks & Recreation Department 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 email: parknrec@earthlink.net MEMO TO: Mayor, Councilmembers FROM: Nancy Hanson, Director, Parks & Recreation Director DATE: July 6, 2004 RE: FRDAP Grant for Banana River Park I have been officially notified that the City was successful in our grant application for Banana River Park. The $150,000 grant requires a 25% match from the City ($37,500). The 2004-2005 proposed budget includes this project. The contract with Florida Department of Environmental Protection must be approved and signed by City Council. Please consider this item at the July 20th Council meeting. Thank you DEP Agreement No. F5309 CSFA Number: 37.017 CSFA Title: FRDAP FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION FLORIDA RECREATION DEVELOPMENT ASSISTANCE PROGRAM (FRDAP) PROJECT AGREEMENT (SFY 2004-05) — Development This Agreement is made and entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, hereinafter called the DEPARTMENT, and the City of Cape Canaveral, hereinafter called the GRANTEE, a local government, in furtherance of an approved public outdoor recreation project. In consideration of the mutual covenants contained herein and pursuant to section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, the parties hereto agree as follows: 1. This PROJECT AGREEMENT shall be performed in accordance with section 375.075, Florida Statutes, and chapter 62D-5, Part V, Florida Administrative Code, hereinafter called the RULE. The GRANTEE shall comply with all provisions of the RULE, effective July 5, 2001, which is incorporated into this PROJECT AGREEMENT as if fully set forth herein. It is the intent of the DEPARTMENT and the GRANTEE that none of the provisions of section 163.01, Florida Statutes, shall have application to this PROJECT AGREEMENT. 2. The DEPARTMENT has found that public outdoor recreation is the primary purpose of the project known as Banana River Park (Florida Recreation Development Assistance Program, FRDAP Project Number F50309), hereinafter called the PROJECT, and enters into this PROJECT AGREEMENT with the GRANTEE for the development of that real property, the legal description of which shall be submitted to the DEPARTMENT as described in the Florida Recreation Development Assistance Program Development Project Pre- reimbursement/Commencement Documentation Form, DEP Form FPS-A034. 3. All forms hereinafter referenced may be found at www.dep . state . fl .us/parks/bdrs. Further, the GRANTEE will also receive all applicable forms for administration of project with GRANTEE's copy of fully executed PROJECT AGREEMENT. DEP Agreement No. F5309, Page 1 of 10 DEP 55-231 (06/03) 4. The GRANTEE shall construct, or cause to be constructed, certain public outdoor recreation facilities and improvements consisting of the following PROJECT ELEMENTS which may be modified by the DEPARTMENT if GRANTEE shows good cause: Soccer field, picnic facilities, playground, fishing platform, parking, landscaping and other related support facilities. 5. The DEPARTMENT shall pay, on a reimbursement basis, to the GRANTEE, funds not to exceed $112,500.00, which will pay the DEPARTMENT's share of the cost of the PROJECT. DEPARTMENT funding is based upon the following: DEPARTMENT Amount: $112,500.00 75% GRANTEE Match: $ 37,500.00 25% Type of Match: Cash/In-Kind Services and/or Land Value 6. The PROJECT reimbursement request shall include all documentation required by the DEPARTMENT for a proper pre-audit and post-audit review. Within sixty (60) days after receipt of the final request, the DEPARTMENT's Grant Manager shall review the completion documentation and payment request from the GRANTEE for the PROJECT. If the documentation is sufficient and meets the requirements of the Florida Recreation Development Assistance Program Completion Documentation Form, DEP Form FPS-A036, referenced in s. 62D- 5.058(6)(g), the DEPARTMENT will approve the request for payment. 7. In addition to the invoicing requirements contained in the paragraph above, the Department will periodically request proof of a transaction (such as invoice, payroll register) to evaluate the appropriateness of costs to the PROJECT AGREEMENT pursuant to State and guidelines (including cost allocation guidelines), as appropriate. When requested, this information must be provided within 30 calendar days of the date of such request. The GRANTEE may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre-audit and post-audit thereof. State guidelines for allowable costs can be found in the Department of Financial Services' Reference Guide for State Expenditures at www.dbf.state.fl.us/aadir/referenceguide. 8. The GRANTEE agrees to comply with the Division of Recreation and Parks' Grant and Contract Accountability Procedure, hereinafter called the PROCEDURE and incorporated into this PROJECT AGREEMENT by reference as if fully set forth herein. All purchases of goods and services for accomplishment of the PROJECT shall be secured in accordance with the GRANTEE's adopted procurement procedures. Expenses representing the PROJECT costs, including the required matching contribution, shall be reported to the DEPARTMENT and summarized on certification forms provided in the PROCEDURE. The DEPARTMENT and GRANTEE agree to use the PROCEDURE guidelines accounting for FRDAP funds disbursed under the DEP Agreement No. F5309, Page 2 of 10 DEP 55-231 (06/03) PROJECT. The parties further agree that the principles for determining the eligible costs, supporting documentation and minimum reporting requirements of the PROCEDURE shall be used. 9. Allowable indirect costs as defined in the PROCEDURE shall not exceed 15% of the GRANTEE's eligible wages and salaries, unless approved in advance as described herein. Indirect costs that exceed 15% must be approved in advance in writing by the DEPARTMENT to be considered eligible PROJECT expenses. 10. It is understood by the parties that the amount of this PROJECT AGREEMENT may be reduced should the Governor's Office declare a revenue shortfall and assess a mandatory reserve. Should a shortfall be declared, the amount of this PROJECT AGREEMENT may be reduced by the amount deemed appropriate by the DEPARTMENT. 11. A. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. B. The GRANTEE understands that the funds supporting this Agreement are subject to certification forward approval by the Governor's Office on June 30th each year. The GRANTEE understands and agrees that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. 12. All monies expended by the GRANTEE for the purpose contained herein shall be subject to pre-audit review and approval by the State of Florida Chief Financial Officer in accordance with section 17.03(2), Florida Statutes. 13. PROJECT funds may be reimbursed for eligible Preagreement Expenses (as defined in s. 62D-5.054(34) of the RULE) incurred by GRANTEE prior to execution of this PROJECT AGREEMENT as set forth in s. 62D-5.055(9) of the RULE. The DEPARTMENT and the GRANTEE fully understand and agree that there shall be no reimbursement of PROJECT funds by the DEPARTMENT for any expenditure made prior to the execution of this PROJECT AGREEMENT with the exception of those expenditures which meet the requirements of the foregoing sections of the RULE. 14. Prior to commencement of PROJECT development, the GRANTEE shall submit the documentation required by the Florida Recreation Development Assistance Program Development Project Pre-reimbursement/Commencement Documentation Form, DEP Form FPS-A034, referenced in s. 62D-5.058(7)(c) of the RULE, to the DEPARTMENT. Upon determining that the documentation DEP Agreement No. F5309, Page 3 of 10 DEP 55-231 (06103) complies with the RULE, the DEPARTMENT will give written notice to GRANTEE to commence the development and approve the request for payment. 15. The GRANTEE shall obtain all required local, state and federal permits and approvals prior to commencement of project construction and shall certify that it has done so to the DEPARTMENT by completing the Project Permit Certification, FPS-A035, referenced in s. 62D-5.058(7)(c) of the RULE. 16. This PROJECT AGREEMENT shall become effective upon execution and the GRANTEE shall complete construction of all PROJECT ELEMENTS on or before �v mac} _v CU (hereinafter referred to as the PROJECT completiuji date). The GRANTEE may request up to two (2) one-year extensions from the DEPARTMENT for good cause by submitting a written request to the DEPARTMENT. Such request must be made prior to the PROJECT completion date. However, the GRANTEE understands that if the Governor's Office does not approve the DEPARTMENT's request to certify the funds forward on June 30th of each year, the GRANTEE will not be eligible for reimbursement after the reversion of said funds. 17. Project completion means the project is open and available for use by the public. Project must be completed prior to release of final reimbursement. 18. The GRANTEE shall retain all records supporting PROJECT costs for five (5) years after the fiscal year in which the final PROJECT payment was released by the DEPARTMENT or until final resolution of matters resulting from any litigation, claim or audit that started prior to the expiration of the five-year retention period. The DEPARTMENT, State Auditor General, State Chief Financial Officer and other agencies or entities with jurisdiction shall have the right to inspect and audit the GRANTEE's records for said PROJECT during the PROJECT and within the five-year retention period. 19. In addition to the provisions contained in the paragraph above, the GRANTEE shall comply with the applicable provisions contained in Attachment 1. A revised copy of Attachment 1, Exhibit-1, must be provided to the GRANTEE with each amendment which authorizes a funding increase or decrease. The revised Exhibit-1 shall summarize the funding sources supporting the PROJECT AGREEMENT for purposes of assisting the GRANTEE in complying with the requirements of Attachment 1. If the GRANTEE fails to receive a revised copy of Attachment 1, Exhibit-1, the GRANTEE shall notify the Department's FRDAP Grants Administrator at (850) 245-2501 to request a copy of the updated information. 20. Following receipt of an audit report identifying any reimbursement due the DEPARTMENT for the GRANTEE's non- compliance with this PROJECT AGREEMENT, the GRANTEE will be allowed a maximum of thirty (30) days to submit additional pertinent documentation to offset the amount identified as DEP Agreement No. F5309, Page 4 of 10 DEP 55-231 (06103) due to the DEPARTMENT. The DEPARTMENT, following a review of the documentation submitted by the GRANTEE, will inform the GRANTEE of any reimbursement due the DEPARTMENT. 21. The GRANTEE, as an independent contractor and not an agent, representative, or employee of the DEPARTMENT, agrees to carry adequate liability and other appropriate forms of insurance. The DEPARTMENT shall have no liability except as specifically provided in this PROJECT AGREEMENT. 22. To the extent required by law, the GRANTEE will be self-insured against, or will secure and maintain during the life of this PROJECT AGREEMENT, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the GRANTEE shall require the subcontractor to provide Workers' Compensation Insurance for all of the subcontractor's employees unless such employees are covered by the protection afforded by the GRANTEE. Such self-insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in hazardous work under this Agreement is not protected under Workers' Compensation statutes, the GRANTEE shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEPARTMENT, for the protection of its employees not otherwise protected. 23. The purchase of non-expendable equipment is not authorized under the terms of this Agreement. 24. The DEPARTMENT's Grant Manager for the purpose of this PROJECT AGREEMENT shall be responsible for ensuring performance of its terms and conditions and shall approve all reimbursement requests prior to payment. The GRANTEE's Grant Manager, identified in paragraph 24, or successor, shall act on behalf of the GRANTEE relative to the provisions of this PROJECT AGREEMENT. The GRANTEE, shall submit to the DEPARTMENT signed PROJECT status reports every one hundred twenty (120) days summarizing the work accomplished, problems encountered, percentage of completion, and other information which may be requested by the DEPARTMENT. Photographs to reflect the construction work accomplished shall be submitted when the DEPARTMENT requests them. 25. Any and all notices required by this PROJECT AGREEMENT shall be delivered to the parties at the following addresses: GRANTEE's Grant Manager DEPARTMENT's Grant Manager Ms. Nancy L. Hanson A. Diane Langston DEP Agreement No. F5309, Page 5 of 10 DEP 55-231 (06/03) Director Florida Department of Environmental Post Office Box 326 Protection Cape Canaveral, Florida 32920 3900 Commonwealth Blvd., MS585 Tallahassee, Florida 32399-3000 26. Prior to final reimbursement, the GRANTEE must erect a permanent information sign on the PROJECT site which credits PROJECT funding or a portion thereof, to the Florida Department of Environmental Protection and the Florida Recreation Development Assistance Program. 27. The DEPARTMENT has the right to inspect the PROJECT and any and all records related thereto at any reasonable time. 28. This Agreement may be unilaterally canceled by the DEPARTMENT for refusal by the GRANTEE to allow public access to all documents, papers, letters, or other material made or received by the GRANTEE in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. 29. Prior to the closing of the PROJECT, the DEPARTMENT shall have the right to demand a refund, either in whole or in part, of the FRDAP funds provided to the GRANTEE for non-compliance with the material terms of this PROJECT AGREEMENT. The GRANTEE, upon such written notification from the DEPARTMENT, shall refund, and shall forthwith pay to the DEPARTMENT, the amount of money demanded by the DEPARTMENT. Interest on any refund shall begin the date that the GRANTEE was informed that a refund was required until refund and interest is paid to the DEPARTMENT. 30. The GRANTEE shall comply with all federal, state and local regulations, rules and ordinances in developing this PROJECT. The GRANTEE acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations including all applicable building codes. The GRANTEE further agrees to include the requirements of this paragraph in all subcontracts made to perform this PROJECT AGREEMENT. 31. The Grantee may subcontract work under this Agreement without the prior written consent of the Department's Grant Manager. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. 32. Land owned by the GRANTEE, which is developed or acquired with FRDAP funds, shall be dedicated in perpetuity as an outdoor recreation site by the DEP Agreement No. F5309, Page 6 of 10 DEP 55-231 (06/03) GRANTEE for the use and benefit of the public as stated in section 62D-5.059(1) of the RULE. Land under control other than by ownership of the GRANTEE, such as by lease, shall be dedicated as an outdoor recreation area for the use and benefit of the public for a minimum period of twenty-five (25) years from the completion date set forth in the PROJECT completion certificate. All dedications must be recorded in the county property records by the GRANTEE. Such PROJECT shall be open at reasonable times and shall be managed in a safe and attractive manner appropriate for public use. 33. Failure to comply with the provisions of the RULE or the terms and conditions of this PROJECT AGREEMENT will result in cancellation of the PROJECT AGREEMENT by the DEPARTMENT. The DEPARTMENT shall give the GRANTEE in violation of the RULE or this PROJECT AGREEMENT a notice in writing of the particular violations stating a reasonable time to comply. Failure to comply within the time period stated in the written notice shall result in cancellation of the PROJECT AGREEMENT and may result in the imposition of the terms in Paragraph 28. 34. In the event of conflict in the provisions of the RULE, the PROJECT AGREEMENT and the Project Application, the provisions of the Rule shall control over this PROJECT AGREEMENT and this PROJECT AGREEMENT shall control over the Project Application documents. 35. If the DEPARTMENT determines that site control is not sufficient under the RULE, the DEPARTMENT shall give the GRANTEE a notice in writing and a reasonable time to comply. If the deficiency is not corrected within the time specified in the notice, the DEPARTMENT shall cancel this PROJECT AGREEMENT. 36. Pursuant to section 216.347, Florida Statutes, the GRANTEE is prohibited from spending FRDAP funds for the purpose of lobbying the legislature, the judicial branch, or a state agency. 37. A. No person on the grounds of race, creed, color, national origin, age, sex, marital status or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or be otherwise subjected to discrimination in performance of this PROJECT AGREEMENT. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for DEP Agreement No. F5309, Page 7 of 10 DEP 55-231 (06/03) maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at (850) 487-0915. 38. Each party hereto agrees that it shall be solely responsible for the wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of section 768.28, Florida Statutes. 39. The employment of unauthorized aliens by any Grantee is considered a violation of Section 274A(e) of the Immigration and Nationality Act. If the Grantee knowingly employs unauthorized aliens, such violation shall be cause for unilateral cancellation of this Agreement. The Grantee shall be responsible for including this provision in all subcontracts issued as a result of this Agreement. 40. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a grantee, contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017, Florida Statutes, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. 41. The PROJECT AGREEMENT has been delivered in the State of Florida and shall be construed in accordance with the laws of Florida. Wherever possible, each provision of this PROJECT AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable Florida law, but if any provision of this PROJECT AGREEMENT shall be prohibited or invalid under applicable Florida law, such provision shall be ineffective to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this PROJECT AGREEMENT. Any action hereon or in connection herewith shall be brought in Leon County, Florida unless prohibited by applicable law. 42. No delay or failure to exercise any right, power or remedy accruing to either party upon breach or default by either party under this PROJECT AGREEMENT, shall impair any such right, power or remedy of either party; nor shall such delay or failure be construed as a waiver of any such breach or default, or any similar breach or default thereafter. 43. This PROJECT AGREEMENT is not intended nor shall it be construed as granting any rights, privileges or interest to any third party without mutual written agreement of the parties hereto. 44. This PROJECT AGREEMENT is an exclusive contract and may not be assigned in whole or in part without the written approval of the DEPARTMENT. DEP Agreement No. F5309, Page 8 of 10 DEP 55-231 (06/03) 45. This PROJECT AGREEMENT represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this PROJECT AGREEMENT shall only be valid when they have been reduced to writing, duly executed by each of the parties hereto, and attached to the original of this PROJECT AGREEMENT. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. F5309, Page 9 of 10 DEP 55-231 (06/03) IN WITNESS WHEREOF, the parties hereto have caused these presents to be duly executed on the day and year last written below. STATE OF FLORIDA DEPARTMENT CITY OF CAPE CANAVERAL OF ENVIRONMENTAL PROTECTION By: Division Director (or Designee) Printed Name: Division of Recreation and Parks Title: Contract Execution Date Date Address: Address: Office of Information and Recreation Post Office Box 326 Services Cape Canaveral, Florida 32920 Division of Recreation and Parks 3900 Commonwealth Boulevard Mail Station 585 Tallahassee, Florida 32399-3000 Grantee Attorney DEP Grant Manag ' Approved as to Form and Legality: This form has been pre-approved as to form and legality by Suzanne Brantley, Assistant General Counsel, on May 6, 2004 for use for one year. List of attachments/exhibits included as part of this Agreement: Specify Letter/ Type Number Description (include number of pages) Attachment 1 Special Audit Requirements (5 Pages) DEP Agreement No. F5309, Page 10 of 10 DEP 55-231 (06/03) ATTACHMENT 1 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection(which may be referred to as the "Department", "DEP", "FDEP" or "Grantor", or other name in the contract/agreement) to the recipient (which may be referred to as the "Contractor" Grantee"or other name in the contract/agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection,as described in this attachment. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A-133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Chief Financial Officer or Auditor General. AUDITS PART I:FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133,as revised. 1. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised,will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. 3. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the audit must be paid from non-Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at hqp://aspe.os.dhhs.gov/cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F5309,Attachment 1,Page 1 of 5 DEP 55-215 (04/03) PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1),Florida Statutes. 1. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient,the recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Chief Financial Officer; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass-through awards and resources received by a nonstate entity for Federal program matching requirements. 2. In connection with the audit requirements addressed in Part II,paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General. 3. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non-State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at htip:Hsun6.dms.state.fl.us/fsaa/catalog.htm or the Governor's Office of Policy and Budget website located at http://www.eog.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website hM://www.leg.state.fl.us/, Governor's Website http://www.flgov.com/, Department of Financial Services' Website http://www.dbf.state.fl.us/ and the Auditor General's Website http://www.state.fl.us/audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy(i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audits conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the full cost of such additional audits.) PART IV:REPORT SUBMISSION 1. Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised,by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F5309,Attachment 1,Page 2 of 5 DEP 55-215 (04/03) A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 2600 Blair Stone Road Tallahassee, Florida 32399-2400 B. The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse),at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville,IN 47132 C. Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133,as revised. 2. Pursuant to Section .320(f), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A-133, as revised, and any management letters issued by the auditor,to the Department of Environmental Protection the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401,Claude Pepper Building 111 West Madison Street Tallahassee,Florida 32399-1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at the following address: Audit Director Florida Department of Environmental Protection Office of the Inspector General,MS 40 2600 Blair Stone Road Tallahassee,Florida 32399-2400 DEP Agreement No.F5309,Attachment 1,Page 3 of 5 DEP 55-215 (04/03) 5. Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A-133,Florida Statutes,or Chapters 10.550(local governmental entities)or 10.650(nonprofit and for-profit organizations),Rules of the Auditor General,as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A-133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V:RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Chief Financial Officer, or Auditor General upon request for a period of 3 years from the date the audit report is issued,unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No.F5309,Attachment 1,Page 4 of 5 DEP 55-215(04/03) O ,- O � •o FL CL v — E � r a ti v o w N ,GN O ,!o Q ¢ w u +^ p CIO O O w o U cn o cn o Q q Z •p Ls. � fs. a 'b v v �j .� o U o w p m ?� H F � o FL- � c ,/ N r- a C3o F Q i L L CG kn O.9.. Ifs C/) clin z cwt •• �• T E w p � U Lc. • L, NU N, y U •d U •G7 cn N = w x s ca13 tn Q y 3 ¢ C ? Z M Cj 3 p u v E ° Q L C C p :O cc L N Ca R -o cn cx o cn y cA E M s v 3 d V-1 CL. raw .. ls. N CQ Meeting Type: Regular �SQpCE A^,� J s�, Meeting Date: 07-20-04 y AGENDA Heading CONSIDERATION - . C,n OF CAVE CANAVERAL Item 4 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: EMERGENCY PURCHASE/REPAIR OF WASTEWATER TREATMENT PLANT COMPUTER SYSTEM DAMAGED BY LIGHTNING DEPT./DIVISION: PUBLIC WORKS/WWTP Requested Action: City Council consider approval of the emergency purchase/repair of the Wastewater Treatment Plant computer system in the amount of$46,704.72 to Santis Engineering, Inc. as recommended by the Public Works Director. Summary Explanation&Background: See attached memo. Exhibits Attached: Public Works Director Memo of 07/12/04 City Mana i70fflce Department MEMORANDUM TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: July 12, 2004 SUBJECT: City Council Agenda Item for July 20th, 2004 Treatment Facility's Control System Computer Replacement Sole Source Emergency Purchase On June 26, 2004 the Treatment facility encountered electrical damage to a number of items as the result of lightning. It is imperative that the Treatment Facility's control system computer be replaced as soon as possible. Currently the plant is utilizing a loaner system from Santis Engineering, Inc. The plant SCADA controls are required by the City of Cape Canaveral's DEP permit to be operational. Attached is a proposal to replace the plant operation control system in the amount of $47,704.72 form Santis Engineering Inc. This will replace the current Supervisory Control And Data Acquisition (SCADA) system. Recommend the approval of the sole source purchase of a control system computer system and software from Santic Engineering Inc. in the amount of$46,704.72 and the appropriation of Enterprise Funds. Attachment CC: File CP-001 Project: 3210402 Si Area SANTIS ENGINEERING, INC. Discipline 7011 North Atlantic Avenue,Suite 101,Cape Canaveral,FL 32920 Tel(321)868-6340 Fax(321)868-6341 issue date: Due date. Email: sei@sandsenginecr'ng.com 7/7/4 7/14/4 Cost Proposal Form To Originator Ed Gatdulski,City of Cape Canaveral Water Marcus V – EI Reclamation Facility Signed: -" Date: 7/14/4 CP Subject New HMI Server Directive: Coordination Meeting 6/29/04 Impacted Spec Section Impacted Drawings pd-s"am-sr«dN..) Proposal Item Cost Credit 1. New B II Server at Elec. Bldg. Materials PC(Dell):-----------$2,449.00 (3K UO) Wonderware or VT SCADA:—$8,000.00 Shp:----------------$ 313.47 Mrkup:--- -------$ 342.25 Sub Total: $11,104.72 Installation/Configuration PC Configuration:-----$ 600.00 (20 Screens Max.) HMI Developement: --$14,250.00 Programming/Point Config.:--$ 6,000.00 Start-up/Commission/Verfy:--$14,250.00 O&M:— ----$ 1,500.00 Sub Total: $36,600.00 Sub Total: $47,704.72 Name: Company: Signed: Daze: OChange affecting cost ❑ No change ❑ Change not affecting cost ❑ Schedule impacted CP 11060 Shed lof 1 R E C E: V E D v JUL - 7 ?004 SANTIS ENGINEERING, INC. 7011 North Atlantic Avenue, Suite 141, Cape Canaveral,FL 32920 Tel: (321)868-6340, Fax: (321) 868-6341,email: sei? santisengiiieering.com July 7, 2004 City Of Cape Canaveral Water Reclamation Facility Ed Gardulski 601 Thurm Dr. Cape Canaveral, FL. 32920 Subject: Lightening Affidavit Summary Canaveral Reclaim HMI PC Ref: Cost Proposal 1 and Invoice Dated 717/04 (Total $50,179.41) Ed, We received a call from Walter(Canaveral Reclaim) requesting our presence on Tuesday June 29�h for a meeting. At the meeting we were asked to help the facility fix the HMI server that was damaged due to lightening and left non-operational. The following items are a summary of work to date done on the damaged Cape Canaveral Reclaim facility HMI PC: 1. Disconnected and removed PC from plant control room. 2. Set up PC at SEI test area and completed basic diagnostic on damaged PC. 3. Checked PC power supply, found it to be bad and removed it. 4. Installed new power supply in PC and unit still did not work. 5. Removed hard drive from damaged PC. 6. Installed hard drive in temporary SEI PC and configured for use. 7. Removed AB PCI BUS communication module from damaged PC. 8. Installed communication card in SEI temp. PC. 9. Communication card is bad and will not allow CPU to start up. 10.New 1784PXKT card was over-nighted and installed. 11.A new driver was needed for communication with the outdated Intellution system and the new 1784PXKT card. 12.The new driver was configured for Intellution 6.XX and communication was established. A new HMI and software is recommended as soon as possible (CP-001). The working temporary PC can remain for 30 days until the city replaces their own system or Cost Proposal 1 is accepted. Sincerely, Marcus Vaeth Meeting Type: Regular 54 CE g� 9 Meeting Date: 07-20-04 AGENDA -Y OF Heading CONSIDERATION ure cwewvcnw Item 5 No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSAL FOR THE REUSE WATER LINE EXTENSION TO THE 100 BLOCK OF JOHNSON AVENUE. DEPT./DIVISION: Requested Action: City Council consider the proposal from Wiring Technologies to extend the reuse water line to the 100 block of Johnson Avenue in support of the City Beautification project for the area, as recommended by the Public Works Director. Summary Explanation&Background: See Attached Memo. I support the Public Works Director Recommendation Exhibits Attached: Public Works Director Memo of 07-13-04 City Manage>ti's Office Department TO: Bennett C. Boucher City Manager FROM: Ed Gardulski Public Works Director DATE: July 13, 2004 RE: City Council Agenda Item for July 20th 2004 Additional Reuse Distribution lines and Services The City of Cape Canaveral has had a high public demand for reclaimed water services to additional areas within the Avon by the Sea Subdivision. This area has an estimated 145 potential customers. The area was targeted because of the large number of potential customers and the number applications the City has received. More so, some of our citizens have made application with payment for reuse water and have been waiting for over two years. The Public Works Director Staff received a design and bid documents from SSA for the design of the reuse distribution system. This project will extend the City reuse system along Adams, Monroe, Tyler and Lincoln. The Public Works Director has determined that the probable construction cost will be $265,518 based on historical data. The Engineering as-built; permitting and inspection by SSA will be $9,500. The total project cost is estimated to be $293,018 The City of Cape Canaveral Advertised Request of bids no. 04-02 for Directional Boring of Reuse Distribution Lines and services. A pre-bid meeting was held on April 16th at 10:00 A.M. in the City Hall Annex. Seal Bids were accepted until April 22, 2004 until 2:00 P.M. The City of Cape Canaveral received three bid packages. The Low bidder is Wiring Technologies with the bid in the amount of$239,886. SSA reviewed the bid package and found that Wiring Technologies meets the basic requirements of the project. On May 6th 2004 City Council awarded Bid 04-02 to Wiring Technologies in the amount of$239,886. Staff has requested a unit bid price to extend the reuse lines along Johnson Avenue to Yogi's Foods. The cost of this project is $15,300. In addition, irrigation line is need for the landscaping project at the end of Harbor Heights Stormwater project. The cost of project is $3,480. The total Change order to Wiring Technologies is 18,780 and is 100% Enterprise Fund Impact Fee eligible. Recommend the change order to Wiring Technologies in the amount of $18,780 and the appropriation of the necessary funds. JUL-13-2004 10:32 WIRING TECHNOLOGIES 407 862 1964 P.01/02 aids.. A GF C� 7-101% X3W40 meow E. July 13, 2004 2�Q Mr. Walter Bandish Assistant Public Works Director Fax 321868-1248 City of Cape Canaveral 105 Polk Avenue Cape Canaveral, Florida 32920-0326 Re: Reclaimed Water service Extension Bid # 04-02 Dear Walt: As per our meeting and conversation we are pleased to have the opportunity to offer our proposal for the additional work on the above referenced project. Our scope of work is the same as contained in our current contract. This scope of work is as follows: UNIT TOTAL DESCRIPTION QUANTITY UNIT PRICE PRICE JOHNSON STREET 4"C-900 PVC RECLAIMED WATER 480 LF 19.00 9,120.00 MAIN 4"END CAP 1 EA 335.00 335.00 REUSE SERVICES CONN SINGLE SERVICE 1"CONNECTION 8 EA 435.00 3,480.00 REUSE SERVICE SPRINKLER HOSE BIBB ASSEMBLIES 8 EA 135.00 1,080.00 2"BLOWOFF ASSEMBLY 1 EA 1,285.00 1,285.00 TOTAL JOHNSON STREET 154mdws . Fax.(407)862-1964 971 Sunshine Lane,Suite 105,Altamonte Springs,Fl 32714 Phone.(407)862-6290 JUL-13-2004 10:33 WIRING TECHNOLOGIES 40? 862 1964 P.02/02 HARBOUR HEIGHTS LINE EXTENSION 2"PVC REUSE MAIN 170 LF 1&00 21550.00 2" GATE VALVE&BOX 1 EA 485.00 485.00 CONNECT TO EXISTING MAIN 1 EA 445.00 445.00 TOTAL HARBOUR HEIGHTS 3,480.00 We look forward to the opportunity to working with you on this additional work. If you have any question please do not hesitate to contact me. Sincerely, WIRING TECHNOLOGIES, INC, Lang B. Morris Division Manager Utilities & Directional Drilling Fax:(407)862-1964 871 Sunshine Lane,Suite 105,Altamonte Springs,F1 32714 Phone:(407)862-6290 TOTAL P.©2 Meeting Type: Regular g4pCE q^,� Meeting Date: 07-20-04 AGENDA Heading Ordinances—2"d Reading cm of we cw.... Item No. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 13-2004; AMENDING CHAPTER 10, ARTICLE IV, OF THE CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESS AND ADULT ENTERTAINMENT DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider the adoption of Ordinance No. 13-2004, Amending Chapter 10, Article IV, of the City Code pertaining to sexually oriented business and adult entertainment. Summary Explanation&Background: The City Attorney prepared this Ordinance and the associated Sexually Oriented Business and Adult Entertainment Business License application. This Ordinance is an update to the existing City code on Adult Entertainment, and is more inclusive of Sexually Oriented Businesses and provides regulation of various forms of Adult Entertainment. City Manager recommends approval. Exhibits Attached: Ordinance No. 13-2004; Exhibit A City Man 's Office.- Department LEGISLATIVE L c:\winnt\profiles\virginiah\desktop\07-20-04 agenda\ord 13-2004.doc ORDINANCE NO. 13-2004 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA AMENDING CHAPTER 10,ARTICLE IV,OF THE CAPE CANAVERAL CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MATTERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLATIVE PURPOSES, FINDINGS AND INTENT;PROVIDING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZING OBSCENITY AS UNLAWFUL;PROVIDING FOR DEFINITIONS;PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROVIDING FOR AND REQUIRING LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVIDING FOR CLASSIFICATION OF LICENSES;PROVIDING FOR APPROVAL AND DENIAL OF LICENSE APPLICATIONS;PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLICANTS;PROVIDING FOR INVESTIGATIONS; PROVIDING FOR REAPPLICATION; PROVIDING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING FOR RESPONSIBILITIES OF CITY AND GOVERNMENT OFFICIALS AND DEPARTMENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES;PROHIBITING THE TRANSFER OF LICENSES; PROVIDING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROVIDING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGISTERS AND INSPECTIONS THEREOF; PROVIDING FOR DUTIES AND OBLIGATIONS; PROVIDING FOR PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY ESTABLISHMENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PROHIBITIONS;PROVIDING FOR LICENSEE CONSENT; PROVIDING FOR SPECIFIC PROVISIONS RELATING TO VARIOUS CATEGORIES OF City of Cape Canaveral Ordinance No. 13-2004 Page 1 of 64 LICENSEES;PROVIDING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES;PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PROVIDING REGULATIONS FOR ADULT PERFORMANCE ESTABLISHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABLISHMENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULATIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULATIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY WORKERS AND OPERATORS;PROVIDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVIDING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION;PROHIBITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECUTION FOR CERTAIN GOVERNMENT OFFICIALS AND ACTS;RESTATING THAT ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS,SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION,AND AN EFFECTIVE DATE. WHEREAS,the activities of certain commercial enterprises,that are appropriately included within the definition of the term"adult entertainment establishment"or"sexually oriented business," have resulted in the necessity for additional Code provisions regulating adult entertainment establishment and sexually oriented business activities and the activities of other similar businesses; and WHEREAS, failure of the City to ensure that adult entertainment activities and sexually oriented businesses are appropriately regulated would adversely impact the City insomuch as the City is a local government jurisdiction that is very family oriented and encourages economic and tourism development that focuses on and derives its economic growth as a result of family oriented activities and events; and City of Cape Canaveral Ordinance No. 13-2004 Page 2 of 64 WHEREAS, the City Council desires to protect and preserve the unique character of City of Cape Canaveral as a family oriented attraction for families, tourists, and businesses; and WHEREAS,the City of Cape Canaveral is essentially a small beachside community and has a current population of approximately 9,000 people; and WHEREAS,the City of Cape Canaveral is a municipality that is, and desires very much to continue to be, a community that contains and is known for traditional wholesome public recreational activities through its parks and recreation department and along its beaches and is proximate to family oriented theme parks such as Walt Disney World, MGM Studios, Universal Studios,Sea World,and numerous other family vacation destinations including Port Canaveral;and WHEREAS,the City Council finds and determines that the provisions contained herein are the most reasonable and minimal restrictions required so as to regulate conduct which is or could be adverse to public order, health, safety, morals and welfare within the City of Cape Canaveral; and WHEREAS, the passage of this Ordinance is necessary to preserve the basic character of the community of the City of Cape Canaveral; and WHEREAS, although the City Council is of the opinion that 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(3)(c), Florida Statutes, the City Council does not wish to become sidetracked in lengthy and expensive litigation concerning procedural matters that are not relevant to the subject matter of this Ordinance and has, accordingly, determined to enact this Ordinance under the more conservative, expensive, and time consuming land use procedure as well as under the general procedure for ordinances that regulate conduct; and WHEREAS, sexually oriented businesses and adult entertainment establishments require special supervision from the public safety agencies of the City in order to protect and preserve the health,safety,order and welfare of the workers and patrons of such businesses as well as the citizens of the City; and WHEREAS,the City Council finds that sexually oriented businesses and adult entertainment establishments are frequently used for unlawful sexual activities including, but not limited to, prostitution and sexual liaisons of a casual nature; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the City which demands reasonable regulation of sexually oriented businesses and adult entertainment establishments in order to protect the health and well-being of the citizens of the City of Cape Canaveral; and City of Cape Canaveral Ordinance No. 13-2004 Page 3 of 64 WHEREAS,licensing is a legitimate and reasonable means of accountability to ensure that operators of sexually oriented businesses and adult entertainment establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation; and WHEREAS,there is convincing documented evidence that sexually oriented businesses and adult entertainment establishments, because of their very nature, can have a deleterious effect on both the existing businesses around them and the surrounding residential areas adjacent to them as well as other public and civic uses,causing increased crime and the downgrading of property values and adverse impacts to economic development and tourist development programs and activities;and WHEREAS, it is recognized that sexually oriented businesses and adult entertainment establishments, due to their nature, have serious objectionable operational characteristics, particularly when they are located in close proximity to each other, thereby contributing to urban blight and downgrading the quality of life in the adjacent area; and WHEREAS, the City Council desires to minimize and control these adverse effects and thereby protect the health, good order, safety and welfare of the citizenry;protect the citizens from increased crime; preserve the quality of life; preserve the property values and character of surrounding neighborhoods and deter the spread of urban blight; and WHEREAS,the City Council has determined that locational criteria alone do not adequately protect the health, good order, safety and general welfare of the people of this City; and WHEREAS, it is not the intent of this Ordinance to unreasonably regulate any speech activities protected by the First Amendment, but to enact a content-neutral Ordinance which addresses the adverse secondary effects of sexually oriented businesses and adult entertainment establishments; and WHEREAS,it is not the intent of the City Council to condone or legitimize obscene material or any other illegal activity and the City Council recognizes that state and federal law prohibits the distribution of obscene materials and the Council expects and encourages local and state law enforcement officials to enforce state obscenity statutes and related statutes against any such illegal activities in the City; and WHEREAS, it is not the intent of this Ordinance to regulate the display of specified anatomical areas incidental to a performance offered by a proprietary school licensed by the State of Florida, a college, community college, university supported partly or entirely by taxation or a private college or university which maintains and operates educational programs in which credits are transferable to a college,community college,or university supported partly or entirely by taxation City of Cape Canaveral Ordinance No. 13-2004 Page 4 of 64 or in any structure owned by a governmental entity(e.g. a civic center, auditorium) when part of a bona fide artistic display or production; and WHEREAS, the City Council hereby finds at the effective date of this Ordinance there is only one adult entertainment establishment or sexually oriented business lawfully operating (as a nonconforming use)within the City of Cape Canaveral,Fairvilla Megastore which is a unique adult retail store selling video, toys, and herbal products; and WHEREAS, the City Council also finds that within close proximity (Cocoa Beach; unincorporated Brevard County) to the municipal boundaries of Cape Canaveral, there exists numerous adult entertainment establishments already operating and providing services to the public; and WHEREAS,the City Council also finds reliance on studies,source materials,case law and experiences of other communities involving such establishments and businesses is reasonable and a legitimate basis for supporting the regulations contained in this Ordinance; and WHEREAS,the City Council hereby finds that on an annual basis local communities, like the City of Casselberry,Seminole County,the City of Daytona Beach,Volusia County,and local law enforcement agencies, have expended numerous man hours licensing adult entertainment establishments and sexually oriented businesses, as well as hundreds of thousands of dollars defending licensing decisions challenged by the adult entertainment industry (See e.g., Seminole Entertainment v. City of Casselberry); and WHEREAS, the City Council hereby finds that based on the experiences of the City of Casselberry and the City of Daytona Beach, the application and licensing fees required by this Ordinance will not cover the expected administrative costs which will be incurred by the City of Cape Canaveral regulating adult entertainment establishments or sexually oriented businesses located within the City; and WHEREAS,the City Council,therefore,finds that the annual application and licensing fee is revenue neutral and in compliance with the court decision in Fly Fish, Inc. v. City Cocoa Beach, 337 F. 3d 1301 (11th Cir. 2003); and WHEREAS, the City Council finds and determines that this Ordinance is consistent with the goals, policies and objectives of the City's Comprehensive Plan; and WHEREAS,this Ordinance is not intended to change the M-1 industrial locational zoning requirement for adult entertainment establishments currently codified in the City Code; and WHEREAS, the City Council of the City of Cape Canaveral hereby finds and deems that this Ordinance is in the best interests of the public health, safety, and welfare of the citizens of the City of Cape Canaveral Ordinance No. 13-2004 Page 5 of 64 City of Cape Canaveral. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY ORDAINS,AS FOLLOWS: Section 1. Recitals. The foregoing recitals are incorporated herein by reference and made a part of this Ordinance. Section 2. Repeal and Renumber Existing Code Provisions. A. The City of Cape Canaveral Code Sections 10-86 through 10-177 are hereby repealed in their entirety. Copies of said sections are attached hereto as Exhibit "A" and fully incorporated herein by this reference for repeal purposes only. B. Section 110-352(7) is restated and amended in Section 4 of this Ordinance. Section 3. Amend Code. The City of Cape Canaveral Code, Chapter 10,Article IV, is hereby amended as follows (underlined type indicates additions,strikeout type indicates deletions, and asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 10. It is intended that the text in Chapter 10 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 10. AMUSEMENTS AND ENTERTAINMENT ARTICLE IV. SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS Sec. 10-86. Short title. This Ordinance shall be known and may be cited as the "City of Cape Canaveral Sexually Oriented Business and Adult Entertainment Establishment Ordinance." Sec. 10-87. Purpose,findings and intent/incorporation of whereas clauses. (a) Purpose. It is the purpose of this Article to regulate sexually oriented businesses and adult entertainment establishments in order to promote and protect the public health,safety, good order, and jzeneral welfare of the citizens of the City, to establish reasonable and uniform regulations of adult entertainment establishments and sexually oriented businesses within the City. The provisions of this Article have neither the purpose nor effect of imposing an unreasonable limitation or unreasonable restriction on the content of any lawful City of Cape Canaveral Ordinance No. 13-2004 Page 6 of 64 communicative materials including sexually oriented materials. Similarly,it is not the intent nor effect of this Article to unreasonably restrict or deny access by adults to sexually oriented materials protected by the First Amendment or to deny access by the distributors and exhibi- tors of sexually oriented entertainment protected by the First Amendment to their intended market. Neither is it the intent nor effect of this Article to condone or legitimize the distribu- tion of obscene or otherwise illegal material. Findings. Based on evidence concerning the adverse secondary effects of adult uses on the community presented in hearings and in reports made available to the City Council, and on findings incorporated in the cases of City of Renton v. Playtime Theaters, Inc., 475 U.S. 41 (1986), Young v. American Mini Theaters, 426 U.S. 50 (1976); Barnes v Glen Theater, Inc.,501 U.S. 560(1991); City of Erie v. Pap's A.M., 120 S. Ct. 1382(2000); City of Los Angeles v.Alameda Books, 535 U.S. 425 (2003); City of Littleton v.Z.J. Gifts,LLC, S.Ct. , 2004 WL 1237360(U.S.June 7, 2004); and on materials made of record relating to the Seminole County and St.Johns County Public Nudity Ordinances,and on the substance of and findings made or incorporated in studies accomplished in other communities and ordinances enacted in other communities, including, but not limited to, New York,New York; City of Houston Ordinance Number 97-75;Senate Bill Number 232, as passed by the Kansas State Legislature; Phoenix, Arizona; Tucson, Arizona; St. Paul, Minnesota; Minneapolis, Minnesota; Houston, Texas; Indianapolis, Indiana; Amarillo, Texas; Garden Grove, California; Los Angeles, California; Austin, Texas; Macon-Bibb County,Georgia;Palm Beach County,Florida;Manatee County,Florida;the findings of the Attorney General of the State of Minnesota; the report of United States Attorney General's Council on Pornography(1986),Jacksonville,Florida;Detroit,Michigan;and"A SummarX of a National Survey of Real Estate Appraisers Regarding the Effect of Adult Bookstores on Property Values," conducted by the Division of Planning, Department of Metropolitan Development,Indianapolis,January 1984;the publication entitled"Protecting Communities From Sexually Oriented Businesses" (Southwest Legal Press,Inc.);the publication entitled "Local Regulation Of Adult Businesses" (Clark, Boardman and Callaghan); publications prepared by the Florida Family Association, Inc. (Tampa,Florida)relating to the regulation of sexually oriented businesses and adverse secondary effects of sexually oriented businesses; the "Report to: The American Center for Law and Justice on the Secondary Impacts of Sex Oriented Businesses",Peter R. Hecht,Ph.D. (1996); and the findings of fact relating to the Adult Entertainment Codes of Orange and Seminole Counties, two neighboring_and contiguous counties in Central Florida, and the findings of fact relating to the Sexually Oriented Business and Adult Entertainment Establishment Ordinance of Brevard County, Florida, the county in which the Cit, o�pe Canaveral is located, the publications of Dr. William George regarding erotica and alcohol: Alcohol and Human Sexuality: Review and Integration, Leif C. Crowe and William H. George, Psychological Bulletin, 1989; Alcohol and Hypermasculini!y as Determinants of Men's Empathic Responses to Violent Pornography, Jeanette Norris, William H. George, Kelly Cue Davis, Joel Martell,R.Jacob Leonesio;Journal of Int'1 Violence, 1999; Alcohol Expectancies and City of Cape Canaveral Ordinance No. 13-2004 Page 7 of 64 Sexuality:A Self-Fulfilling Prophecy,Analysis of Dyadic Perceptions and Behavior,William H. George, Ph.D. and Susan A. Stoner,B.A.,Jeanette Norris, Ph.D., Peter A. Lopez, Ph.D. and Gail L. Lehman,Ph.D.,Journal of Studies on Alcohol, 1998; The Effect of Alcohol and Anger on Interest in Violence,Erotica&Deviance,William H.George and G.Alan Marlatt, Journal of Abnormal Psychology, 1986, Perception of Postdrinking Female Sexuality_ E ects of Gender, Beverage Choice, and Drink Payment, William H. George, Susan J. Gournic, and Marry P. McAfee,Journal of Applied Social Psychology, 1988;Postdrinking Sexual Inferences:Evidence of Linear Rather than Curvilinear Dosage Effects,William H. George, Gail L. Lehman, Kelly L. Cue, Lorraine J. Martinez, Peter A. Lopez, and Jeanette Norris,Journal of Applied Social Psychology, 1997;Self-ReportedAlcohol Expectancies and Postdrinking Sexual Inferences About Women, William H. George, Kelly L. Cue, Peter A. Lopez,Lief C.Crowe,and Jeanette Norris,Journal of Applied Social Psychology, 1995;Self- Reported Alcohol Expectancies for Self and Other as a Function of Behavior Type and Dosage Set; William H. George and Kurt H. Den-nen, Journal of Substance Abuse, 1988; Sammy's of Mobile, Ltd. v. City of Mobile, 140 F. 3d 993 (11`'Cir. 1998); City of Daytona Beach v. Del Percio 476 So. 2d 197 (Fla. 1985); SOB, Inc. v. County of Benton, 317 F. 3d 856 (8"' Cir. 2003), New York State Liquor Auth. V. Bellanca, 452 U.S. 714 (1981); California v. LaRue, 409 U.S. 109 (1972) (result upheld in 44 Liquormart v. R.1., 517 U.S. 484 (1996)); Seminole Entertainment, Inc. v. City of Casselberry, 813 So. 2d 186 (Fla. 5"' DCA 2002),rev.denied 835 So.2d 269(2002),cert.denied 123 S.Ct.2276,71 USLW 3641 (2003) (including the entire record presented to the Casselberry City Council and the order of the City Council revoking Rachel's adult entertainment license); McKee v. City of Casselberry, 10 Fla. L.Weekly Supp. 408a, Per Curium Armed 2004 WL 1178246 (Fla. 5`h DCA 2004), and matters and materials submitted at the public hearings relatingto o this Ordinance and other matters and documents relating to all of the above;and the experiences of other Central Florida communities the City Council finds: Sexually oriented businesses and adult entertainment establishments lend themselves to ancillary unlawful and unhealthy activities that are presently uncontrolled or not adequately controlled by the operators of the establishments or businesses. Further,there are presently no mechanisms or inadequate mechanisms to make the owners of these businesses or establishments responsible for the activities that occur on their premises. Certain workers of certain sexually oriented businesses and adult entertainment establishments defined in this Article engage in a higher incidence of certain types of illicit sexual behavior than workers of other business establishments. Sexual acts, including, masturbation, and oral and anal sex, occur at sexually oriented businesses and adult entertainment establishments, especially those which provide private or semi-private areas,booths or cubicles for viewing films,videos,live sex shows and those having physical interaction between workers and customers. City of Cape Canaveral Ordinance No. 13-2004 Page 8 of 64 Offering and providing such private spaces encourages such previously mentioned activities, which create unhealthy conditions. Persons frequent certain adult theaters,adult arcades,and other sexually oriented businesses and adult entertainment establishments for the purpose of engagingin n sex within the premises of such businesses and establishments. At least 50 communicable diseases may be spread by activities occurring in sexually oriented businesses and adult entertainment establishments,including,but not limited to,syphilis,tuberculosis,gonorrhea,human immunodeficiency virus infection (HIV-AIDS), genital herpes, hepatitis B, Non A, Non B amebiasis, salmonella infections and shigella infections. Since 1981 and to the present, there has been an increasing cumulative number of reported cases of AIDS caused by the human immunodeficiency virus(HIV)in the United States -600 in 1982 2,200 in 1983 4,600 in 1984 8,555 in 1985 and 733,374 through 1999. Cumulatively, through 1999, there have been 75,539 reported cases of AIDS in the State of Florida, which ranks third in the nation. The CDC estimates that approximately 850,000 to 950,000 U.S. residents are living with HIV infection. .(10) The number of cases of early (less than onee�yphilis in the United States reported annually has risen, with 33,613 cases reported in 1982, 45,200 through November of 1990, and 31,575 cases reported in 2001. The number of cases of gonorrhea in the United States reported annually remains in a high level, with over one-half million cases being reported in 1990 and 361,705 reported in 2001. The surgeon,general of the United States, in his report of October 22, 1986, has advised the American public that AIDS and HIV infection may be transmitted through sexual contact, intravenous drug abuse, exposure to infected blood and blood components, and from an infected mother to her newborn. According to the best scientific evidence, AIDS and HIV infection, as well as syphilis and gonorrhea, are principally transmitted by sexual acts. Sanitary conditions in some sexually oriented businesses and adult entertainment establishments are unhealthy, in part, because the activities conducted there are City of Cape Canaveral Ordinance No. 13-2004 Page 9 of 64 unhealthy, and, in part, because of the unregulated nature of the activities and the failure of owners and operators of the facilities to self-regulate those activities and maintain those facilities. Numerous studies and reports have determined that semen is found in the areas of sexually oriented businesses and adult entertainment establishments where persons view "adult" oriented films. The findings noted in paragraphs number 1 through 15 and asset forth hereinafter raise substantial governmental concerns. (17) Sexually oriented businesses and adult entertainment establishments have operational characteristics which should be reasonably regulated in order to protect those substantial governmental concerns. A reasonable licensing procedure is an appropriate mechanism to place the burden of that reasonable regulation on the owners and the operators of the sexually oriented businesses and adult entertainment establishments. Further,such a licensing procedure will place a heretofore nonexistent incentive on the operators to see that the business or establishment is run in a manner consistent with the_good order, health, safety and welfare of its patrons and workers, as well as the citizens of the Cit_y. It is appropriate to require reasonable assurances that the licensee is the actual operator of the business or establishment, fully in possession and control of the premises and activities occurring therein. Removal of doors on adult booths and requiring sufficient lighting on premises with adult booths advances a substantial governmental interest in curbing the illegal and unsanitary sexual activity occurring in adult theaters. Requiring licensees of sexually oriented businesses and adult entertainment establishments to keep information regarding current workers and certain past workers will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by preventing minors from working at such businesses and establishments. The disclosure of certain information b,, those ultimately responsible for the day-to-day operation and maintenance of the sexually oriented business and adult entertainment establishments, where such information is substantially related to the significant governmental interest in the operation of such uses, will aid in preventing the spread of sexually transmitted diseases. It is desirable in the prevention of the spread of communicable diseases to obtain City of Cape Canaveral Ordinance No. 13-2004 Page 10 of 64 a limited amount of information regarding, certain workers who may ngage in the conduct which this Article is designed to prevent or who are likely to be witnesses to such activity. The fact that an applicant for an adult entertainment establishment or sexually oriented business license has been convicted of a sexually related crime leads to the rational assumption that the applicant may engage in that conduct in contravention of this Article. Commercial establishments exist or may exist within the City and other nearby cities and counties in central Florida where adult entertainment material is possessed, displayed, exhibited, distributed and/or sold for commercial purposes in the form of books,ma azines,periodicals or other printer material,or photographs,films, motion pictures,prints,videotapes,slides,computer digital graphic recordings or other visual representations or recordings, or recordings or other audio matter, or instruments, novelties, devices, or paraphernalia which depict, illustrate, describe or relate to specified sexual activities or specified anatomical areas. Commercial establishments exist or may exist within the City and other nearby cities or counties in central Florida where adult entertainment and sexually oriented commercial activities in the form of nude,semi-nude,or topless dancers, entertainers, performers,or other individuals, who, for commercialag in, perform or are presented while displaying or exposing specified anatomical areas,or engage in straddle dancing or touching with customers. (26) Commercial sexually oriented businesses exist or operate or may exist or operate within the City or other nearby cities or counties in central Florida where sexually oriented services are offered for commercial or pecuniary gain in the form of commercial physical contact, escort services and other services providing sexual encounters. The workers of such sexually oriented businesses operating in central Florida engage in physical contact or touching with customers including, but not limited to, acts of prostitution, or encourage or entice the customers to en ate in lewdness. The activities occurring at sexually oriented businesses and adult entertainment establishments occur at establishments and businesses which operate primarily for the purpose of making a profit and, as such, are subject to regulation by the Cit,, in the interest of the good order,health,safety,economy,property values,morals and eg neral welfare of the people, businesses and industries of the City. A major industry which is important to the community's economic welfare is tourism by persons seeking to bring children to visit central Florida attractions and beaches who wish to stag community with a family ay tmosphere not dominated by commercialized sexual themes. City of Cape Canaveral Ordinance No. 13-2004 Page 11 of 64 When the activities occurring at sexually oriented businesses and adult entertainment establishments are Present in establishments and businesses, other activities which are illegal,unsafe,or unhealthful tend to accompany them,concentrate around them, and be aggravated by them. Such other activities include, but are not limited to, Prostitution, Pandering, solicitation for Prostitution, lewd and lascivious behavior, exposing minors to harmful materials, Possession, distribution and transportation of obscene materials, sale or possession of controlled substances, and violent crimes against persons and property_ When the activities occurring at sexually oriented businesses and adult entertainment establishments are competitively exploited in establishments and businesses, they tend to attract an undesirable number of transients, blight neighborhoods, adversely affect neighboring businesses, lower real property values, promote the particular crimes described above and, ultimately, lead residents and businesses to move to other locations. Sexually oriented businesses and adult entertainment establishments often have exterior signs or exterior appearance that lower the surrounding_property values and contribute to urban decline. The activities occurring at sexually oriented businesses and adult entertainment establishments sometimes occur in establishments and businesses concurrent with the sale and consumption of alcoholic beverages which concurrence leads to a further increase in criminal activity, unsafe activity, and disturbances of the peace and order of the surrounding community and creates additional hazards to the health and safety of customers and workers and further depreciates the value of adjoining real property harming the economic welfare of the surrounding community and adversely affecting the quality of life, commerce, and community environment. Physical contact or touching within sexually oriented businesses and adult entertainment establishments between workers exhibiting_specified anatomical areas and customers poses a threat to the health of both and promotes the spread of communicable and social diseases. In order to preserve and safeguard the good order, health, morals, safety, and general welfare of the people of the City it is necessary and advisable for the City to reizulate the conduct of owners, managers,. _operators, agents, workers, entertainers, performers, and customers at sexually oriented businesses and adult entertainment establishments. The potential dangers to the good order, morals, health, safety, andeg neral welfare of the people of the City posed by permitting a sexually oriented business or City of Cape Canaveral Ordinance No. 13-2004 Page 12 of 64 adult entertainment establishment to operate without first meeting the requirements for obtaining a license under this Article are so great as to require the licensure of such establishments prior to their being,permitted to operate. Requiring operators of sexually oriented businesses and adult entertainment establishments to keep records of information concerning workers and certain recent past workers as well as customer contracts and other matters and materials will help reduce the incidence of certain types of criminal behavior by facilitating the identification of potential witnesses or suspects and by making it difficult for minors to work at or be customers in such establishments. Prohibiting sexually oriented businesses and adult entertainment establishments from operating within set distances of educational institutions, religious institutions, residences,areas zoned or designated for residential use,and parks at which minors are customarily found,will serve to protect minors from the adverse affects of the activities that accompany such establishments and businesses. Straddle dancing unregulated private performances, and enclosed adult booths in sexually oriented businesses and adult entertainment establishments have resulted in indiscriminate commercial sex between strangers and poses a threat to the health of the participants and promotes the spread of communicable sexually transmitted diseases. Straddle dancing is primarily conduct rather than communication or expression. Workers at sexually oriented businesses and adult entertainment establishments engage in a higher incidence of certain types of unhealthy or criminal behavior than workers of other establishments and businesses including, but not limited to, a very high incidence of illegal prostitution or engaging in lewdness in violation of Chapter 796 of the Florida Statutes, operation without occupational licenses and illegal unlicensed massage. (39) Physical contact or touching between workers of sexually oriented businesses and adult entertainment establishments and customers poses a threat to the health of both and promotes the spread of communicable and sexually transmissible diseases. The practice of not pang workers at sexually oriented businesses and requiring them to earn their entire income from tips or gratuities from their customers who are predisposed to want sexual activity has resulted in a high incidence of prostitution and crimes related to lewdness by workers. (41) Sexually oriented businesses involve activities that are pure conduct engaged in for the purpose of making_a profit, rather than speech or expressive activity and, City of Cape Canaveral Ordinance No. 13-2004 Page 13 of 64 therefore, are subject to and require increased regulation to protect the health, og_od order, morals, welfare and safety of the community. Requiring sexually oriented businesses to post a listing of services provided and restrict services to those listed as well as maintaining a customer contract and transac- tion record in a daily register will discourage incidents of criminal behavior such as lewdness and prostitution thereby further safeguarding the health of both workers and customers and will assist facilitating the identification of potential witnesses or suspects if criminal acts do occur. This ordinance shall not be construed as opting out the Cit,, of Canaveral from any County-wide Public Nudity law adopted by Brevard County, Florida. Exotic dancers have expressed concerns about contact with potentially infectious vaginal secretions left on shared props and clothingand ejaculate deposited either on clothing or directly on parts of a dancer's body,including her own genitalia per a report prepared by Lewis, Dr. Jacqueline and Dr. Eleanor Matickal Tyndale, Department of Sociology and Anthropology, University of Winsor; Final Report: Erotic/Exotic Dancing: HIV-Related Risk Factors, 1998. The general welfare, health, good order, and safety of the citizens of the CitX will be promoted by the enactment of this Article. (c) Intent. It is the intent of this Article to protect and preserve the good order, health, peace, safety, and welfare of the citizens of the City of Cape Canaveral. Except for the locational zoning requirements, this Article regulates conduct and is not an ordinance that affects the use of land as contemplated by Section 166.041, Florida Statutes (2003). Authority. This Article is enacted under the constitutionally derived home rule power of the Cit,, of Canaveral in the interest of the good order, health, peace, safety, and general welfare of the people of the City. (e) "Whereas" Clauses. It is the City Council's further intention to accomplish those intents and purposes expressed by the City Council in the recital ("whereas"clauses)of this Article, each of which are incorporated by reference into this Section. 1f Speech Protection. Nothing herein shall be construed to prohibit constitutionally protected expression or speech. This Article is intended to reasonably regulate the adult entertainment industry and sexually oriented businesses which engage in commercial activities involving acts or services of a sexually explicit nature or which involve acts or services involving matters which are sexual in nature. City of Cape Canaveral Ordinance No. 13-2004 Page 14 of 64 Sec. 10-88. Construction. (a) This Article shall be construed to accomplish its purpose of reasonably regulating sexually oriented businesses and adult entertainment establishments in order to reduce or eliminate adverse secondary effects of such businesses and establishments. This Article is intended to reasonably regulate such matters in order to reduce or eliminate the adverse secondary effects of commercial establishments and businesses. The provisions of this Article shall not be deemed to authorize a violation or limit the application of, Brevard County's or any pplicable City Code regulating_public nudity at licensed beverage establishments. The provisions of this Article shall be construed to be additional and supplemental to the City's Code regulatingpublic nudity at licensed beverage establishments. The regulation of alcoholic beverage establishments is also addressed in the City Code of the Cit,, of Canaveral and other provisions of law. Unless otherwise indicated, all provisions of this Article shall apply equally to all persons,regardless of sex. Masculine pronouns,such as "he," "his,"and"him,"as employed in this Article, shall also be construed to apply to feminine pronouns and neutral pronouns, unless the context suggests otherwise. Words used in the singular number shall include the plural number, unless the context suggests otherwise. Sec. 10-89. Obscenity/indecent exposure unlawful. As a matter of State and Federal law, obscenity is unlawful in the City of Cape Canaveral. Likewise, State law prohibits indecent exposure. Nothing in this Article shall be construed to allow or permit the possession, distribution and transportation of obscene materials, to authorize the exposing of persons under eighteen (18) years of age to motion pictures, exhibitions,shows,representations and presentations of specified sexual activities or persons displaying or exhibiting specified anatomical areas; or the indecent exposure of a person as prohibited by State law. Sec. 10-90. Definitions. The following words and phrases defined in this section and used in this Article shall have the meaning herein prescribed, unless the context clearly suggests otherwise. Adult Bookstore/Adult Video Store: (a) An establishment which, as its principal business purpose, sells or rents adult material or which offers adult materials for sale or rent as a significant portion of its stock and trade. Any establishment in which any one (1) or more of the following five (5) elements occur shall be presumed to be an adult bookstore/adult video store: City of Cape Canaveral Ordinance No. 13-2004 Page 15 of 64 M that the adult material is accessible to customers;"accessible to customers"means that the item can be physically touched,picked up,handled by a customer before being transferred from the control of a worker, or is visually displayed so that an adult or child present in the store can view substantially more than its name alone; or that the individual items of adult material offered for sale and/or rental comprise more than twenty-fivepercent(25%)of the unused individual items publicly displayed at the establishment as stock in trade in the following categories: books, ma azines, periodicals, other printed matter, slides, photographs, films, motion pictures, videotapes, compact disks, computer digital graphic recordings, other visual representations, audio recordings and other audio matter, and more than twenty-five percent(25%)of the total used items publicly displayed at the establishments as stock in trade in each of the same categories set out above; or (3Z the gross income each month from the sale and rental of adult material comprises more than ten percent (10%) of that month's gross income from the sale and rental of the goods and material at the establishment; or the floor area used to display adult material comprises more than ten percent (10%)of the floor area used for display of all goods and material at the establishment; or the establishment uses any of the following terms in advertisements or an, oy ther promotional activities relating to the adult material: "XXX," "XX," "X," or an, series eries of the letter "X" whether or not interspersed with other letters, figures or characters; "erotic"or deviations of that word;"adult entertainment,""adult books,""adult videos" or similar phases; "sexual acts" or similar phrases, "nude" or "nudies" or similar phrases which letters, words or phrases a reasonable person would believe to be promotional of the purchase or rental of adult material. (c) In recognition of the provisions of Sections 847.013 and 847.0133, Florida Statutes, which protects minors from exposure to obscene material, any business which is an adult bookstore/adult video store shall have in place at each entrance to such business a sign, no less than one (1) square foot in size, stating "Persons under 18 years of age not permitted." Adult Booth: A separate booth inside an adult entertainment establishment or sexually oriented business accessible to any person,regardless of whether a fee is charged for access. The term "adult booth" includes, but is not limited to, a "peep show" booth or arcade, or other booth used to view "adult material." The term "adult booth" does not include a foyer through which any person can enter or exit the establishment or a rest room. Adult Entertainment: One (1) or more of the following activities: City of Cape Canaveral Ordinance No. 13-2004 Page 16 of 64 (a) The display or exposure of any pecified anatomical area by a worker to a customer regardless of whether the worker actually�enga eg s in performing or dancing or where workers wear or display to a customer any covering,tape,pastie,or other device which simulates or otherwise gives the appearance of the display or exposure of any specified anatomical areas regardless of whether the worker actually engages in performing or dancing; or Providing adult material for commercial or pecuniM gain; or (c) The offering, soliciting or contracting to dance or perform by a worker with or for a customer with the acceptance of any consideration,tip,remuneration or compensation from or on behalf of that customer; or The dancing or performing by a worker with or within three feet(Y)of a customer with the acceptance of any consideration, tip, remuneration, or compensation from or on behalf of that customer. Adult Entertainment Establishment: An adult performance establishment, adult bookstore/adult video store, adult motel, or adult theater as those terms are defined herein, which is operated for commercial or pecunigy gain. An establishment with an adult entertainment license shall be presumed to be an adult entertainment establishment. Adult Material: One(1)or more of the following,regardless of whether it is new or used: (aa) Books, magazines, periodicals, or other printed matter, photographs, films, motion pictures, videotapes, video cassettes, slides, computer digital graphic recordings, or other visual representations, tape recordings, disks or other audio matter, which have as their primary or dominant theme matters depicting,illustrating,describing or relating to specified sexual activities or specified anatomical areas, or Instruments, novelties, devices or paraphernalia which are designed for use in connection with specified sexual activities, excluding bona fide birth control devices. Adult Model: Any person who, for commercial or pecuniary gain, offers, suggests, or agrees to engage in a private performance, modelingor r display of male or female lingerie bathing suits, under garments, or specified anatomical areas to the view of a customer. Adult Motel: Any motel, hotel, boarding house, rooming house or similar commercial establishment which offers accommodations to the public for any form of consideration which advertises to the public outside of the premises of the establishment and visible from a public right-of-way the presentation of closed-circuit television transmissions, films, motion pictures, video tapes, video cassettes, slides or other photographic reproductions, City of Cape Canaveral Ordinance No. 13-2004 Page 17 of 64 which have as their primary or dominant theme matters depicting, illustrating or relating to specified sexual activities or specified anatomical areas. The term"adult motel"is included within the definition of"adult theater." Adult Performance Establishment: (a) Any establishment where any worker: engages in a private performance, acts as an adult model, or displa, ss or exposes any specified anatomical areas to a customer,regardless of whether the worker engages in dancing or any particular activity; or wears and displays to a customer any covering,tape,pantie,or other device which simulates or otherwise gives the appearance of the display or exposure of any pecified anatomical areas,regardless of whether the worker actually engages in performing or dancing; or offers, solicits, or contracts to dance or perform with or for a customer and accepts any consideration,tip,remuneration or compensation from or on behalf of that customer; or dances or performs with or within three feet (3') of a customer and accepts M consideration,tip,remuneration,or compensation from or on behalf of that customer. A bona fide private club whose membership as a whole engages in social nudism or naturalism as in a nudist resort or camp and at which specified sexual activities do not occur shall be presumed not to be an adult performance establishment. (c) It is an affirmative defense to an alleged violation of this Code regarding operating an adult performance establishment without a license if the alleged violator demonstrates that the predominant business or attraction of the establishment is not offering to customers of entertainment which is intended to provide sexual stimulation or sexual gratification to such customers and the establishment and its advertising is not distinguished by an emphasis on or the promotion of matters or persons depicting, describing, displaying,_exposingl simulating or relating to specified sexual activities or specified anatomical areas. Consistent with the decision of the Supreme Court of Florida in the case of Hoffman v. Carson, 250 So. 2d 891, 893 (1971), appeal dismissed 404 U.S. 981 (1971), an adult performance establishment shall not be deemed a place provided or set apart for the purpose of exposing or exhibiting a person's sexual organs in a manner contrary to the first sentence of Florida Statute, § 800.03, the State's indecent exposure statute. City of Cape Canaveral Ordinance No. 13-2004 Page 18 of 64 Adult Theater: An establishment which consists of an enclosed building or as portion or part of an enclosed building,or an open-air area used for viewing by persons of films,motion pictures, video cassettes, video tapes, slides, computer digital graphic recordings, or other photographic reproductions which have as their primary or dominant theme, matters depicting,illustrating or relatingto o specified sexual activities or specified anatomical areas. "Adult motels," and "adult booths" are included within the definition of"adult theater." Adult Video Store: See "Adult Bookstore." Alcoholic Beverages: All beverages containing more than one (1) percent of alcohol by weight. It shall be prima-facie evidence that a beverage is an alcoholic beverage if there is proof that the beverage in question was or is known as beer, wine, whiskey, moonshine whiskey, moonshine, shine, rum, ig n, tequila, bourbon, vodka, scotch, scotch whiskey, brandy, malt liquor, or by any other similar name or names, or was contained in a bottle or can labeled as any of the above names,or a name similar thereto,and the bottle or can bears the manufacturer"s insignia, name, or trademark. Any person who, by experience in the handling of alcoholic beverages, or who by taste, smell, or drinking of such alcoholic beverages has knowledge of the alcoholic nature thereof,may testify as to his opinion about whether such beverage is an alcoholic beverage. Commercial Bodily Contact: (a) The manipulation, washing, scrubbing, stroking, or touching, for commercial or pecuniary gain, of the body of another person directly, or indirectlythrough hrough a medium or using any object, instrument, substance, or device between a worker and a customer. The following persons engaged in the bona fide performance of the following activities shall not be deemed to be engaging in commercial bodily contact for the purposes of this Article when they are engaged in the bona fide practice of their occupation or profession: Persons licensed as a massage therapist or apprentice massage therapist pursuant to Chapter 480,Florida Statutes,when providing massage services in an establishment licensed under Chapter 480, Florida Statutes. Persons licensed under the laws of the State of Florida to practice medicine, surgery, osteopathy, chiropody, naturopathy, or podiatry. Persons licensed under the laws of the State of Florida as a physician's assistant or nurse. Persons holding a drugless practitioner's certificate under the laws of the State of Florida. City of Cape Canaveral Ordinance No. 13-2004 Page 19 of 64 Persons licensed as barbers or cosmetologists under the laws of the State of Florida. Persons performing authorized services in a hospital,nursing home, sanitarium, adult congregate livingfv, group home, day care center, or similar place of business when owned and operated in accordance with the laws of the State of Florida. Persons who are instructors, coaches, or athletic trainers employed by, or on behalf of, any professional, amateur, Olympic, or similar athletic team engaging in bona fide athletic events, or when employ a governmental entity or a bona fide educational institution. (8) Persons licensed as physical therapists under the laws of the State of Florida. Commercial Bodily Contact Establishment: Any establishment, business, or place operated for commercial or pecuniary gain or where for any form of consideration workers or customers engage in commercial bodily contact or any establishment, business or place any portion of which is set aside,advertised,promoted or used as a place where commercial bodily contact occurs or which is described or depicted as a"body scrub salon," "bodes salon," or "body relaxation salon." Commercial or Pecuniary Gain: Operated for commercial or pecuniary gain shall be presumed for any establishment which has received an occupational license. For the purposes of this Article, operation for commercial or pecuniary gain shall not depend on actual profit or loss. An establishment which has an occupational license or an establishment which advertises itself as a type of adult entertainment establishment shall be presumed to be "operated for commercial or pecuniary ag in." Commercial Establishment: Any business,location,or place which conducts or allows to be conducted on its premises any activity for commercial or pecuniga gain. Conviction: A determination of guilt resultingfrom rom plea or trial, regardless of whether adjudication was withheld or whether imposition of sentence was suspended. Customer: (a) Any person present at an adult entertainment establishment or sexually oriented business,other than operators or workers,regardless of whether the person has given or paid any consideration to be present at the adult entertainment establishment or sexually oriented business and regardless of whether the person has paid any for goods or services at or to the adult entertainment establishment or sexually oriented business. City of Cape Canaveral Ordinance No. 13-2004 Page 20 of 64 Any person,excluding,a worker or operator,who has paid,or has offered,agreed,been solicited,or had someone else offer or agree on that person's behalf to pay any consideration, fee, or tip to an operator or worker of an adult entertainment establishment or sexually oriented business. Educational institution: A premises or site upon which there is an institution of learning for minors,whether public or private,which conducts regular classes and/or courses of study required for eligibility to certification by, accreditation to, or membership in the State Department of Education of Florida, Southern Association of Colleges and Secondary Schools, or the Florida Council of Dependent Schools. The term "educational institution" includes a premises or site upon which there is a nursery school, kindergarten, elementary school, junior high school, senior high school, or any special institution of learning, a vocational institution, professional institution, an institution of higher education, a community college,junior college, four(4) year college or university_ Entity: Any proprietorship, partnership, corporation, association, business trust, joint venture,joint-stock company or other for profit and/not for profit organization by whatever name, title or description. Escort: Any person who, for commercial or pecuniary gain, compensation or tips, agrees to, offers to go, or goes to anyplace, including, but not limited to, a business, hotel, motel, residence, boat, vessel, motor vehicle, or other mode of transportation to do any of the following acts: (a) act as a companion or date for, or converse with a customer; engage in commercial bodily contact with another person; (c) engage in a private performance; engage in adult modeling or act as an adult model; (e) display specified anatomical areas, strip naked, or go topless, or (f) engage in any pecified sexual activity. Nothing in this definition shall be construed to le alg ize prostitution or other conduct prohibited by this Code or other law. Workers of a licensed adult performance establishment for whom worker records are maintained pursuant to this Article are excluded from the definition of escort when engaged in the expressive display of specified anatomical areas at a licensed adult performance establishment. City of Cape Canaveral Ordinance No. 13-2004 Page 21 of 64 An escort who is a paid employee type worker of an escort service for whom taxes and social security payments are withheld and paid by the escort service,and who is not an independent contractor, is not required to obtain his or her own sexually oriented business license for activities conducted pursuant to employment with the escort service. Escort Service: A person, business, establishment, or place operated for commercial or pecuniary gain, which advertises as an "escort", "escort service" or "escort agency" or otherwise offers or advertises that it can furnish escorts, a private performance, or adult models;or offers or actually provides, arranges,dispatches,or refers workers or themselves to act as an escort or engageprivate performance for a customer. It is an affirmative defense to an alleged violation of this code regarding escort services if the alleged violator is a bona fide dating or matching service which arranges social matches or dates for two(2) persons who each wish to meet a compatible companion when neither of said persons solicits, accepts, or receives any financial gain or any monetary tip, consideration, or compensation for the meeting or date is not an escort service. Establishment: Any place, site, or premises, or portion thereof, upon which any person, corporation, or business conducts activities or operations for commercial or pecuniary gain including, but not limited to, any place, site or premises from where an escort service dispatches or refers workers to other locations or at which an escort service receives business calls from customers. Law Enforcement Officer: An officer who is on official duty for any law enforcement agency. Licensee: Any person, corporation, partnership, or other entity whose application for an adult entertainment establishment or sexually oriented business license has been granted and any person, corporation, partnership or other entity who owns or operates or controls the establishment or business. Operator: Any person who engages in or performs any activity which is necessary to or which facilitates the operation of a sexually oriented business or an adult entertainment establishment including,but not limited to,the licensee,manager,owner,doorman,bouncer, bartender,disc jockey,sales clerk,ticket taker,movie projectionist,dispatcher,receptionist, attendant or supervisor. Park: A tract of land within any jurisdiction which is kept for ornament or recreation and which is maintained as public property including, but not limited to, a playground, nature trails,swimmingpool,reservoir,athletic field,basketball or tennis courts,pedestrian/bicycle paths, wilderness areas or other similar public land. Person: Includes, but is not limited to, an individual, associations, joint ventures, City of Cape Canaveral Ordinance No. 13-2004 Page 22 of 64 partnerships,estates,trusts,business trusts,syndicates,fiduciaries,corporations,and any and all other similar entities and all officers,directors and principal stockholders of such associa- tions, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations or other similar entities. Police Chief: The Chief of Police and/or precinct supervisor of the City of Cape Canaveral, Florida. Private Performance: Modeling, posing, or the display or exposure of any specified anatomical area by a worker to a customer while the customer is in an area not accessible during such display to all other persons in the establishment or,while the customer or worker is in an area which is not on the premises of the establishment,or in which the customer or worker is totally or partially screened or partitioned during such display from the view of persons outside of the area. Sexual Encounter Business: (a) Any person or entity which for any form of consideration or remuneration or which charges an admission fee and provides a place for the purpose of providing,encouraging or allowing three (3) or more persons to engage in any pecified sexual activity among themselves or with other persons. The following shall be presumed not to be a sexual encounter business: (1)a bona fide private club whose membership as a whole engages in social nudism or naturalism as in a nudist resort or camp and at which specified sexual activities do not occur, (2) a State licensed sexual therapist, and (3) a bona fide hotel or motel licensed by the State. Sexual Gratification: Means the engaging,in or committing of an act of sexual intercourse, oral-genital contact,masturbation,or the touching of the covered or uncovered sexual organ, pubic region,buttock,breast,chest or inner thigh of a person,any of which is for the purpose of arousing orraying the sexual desire of another person. Sexual Stimulation: Means either to excite or arouse the prurient interest or to offer, propose, solicit,or suggest to provide an act of sexual gratification to a customer, including but not limited to all conversations statements advertisements and acts which would lead a reasonable person to conclude that an act of sexual gratification was to be provided. Sexually Oriented Business: A commercial bodily contact establishment, escort service, or sexual encounter business. A business shall be a sexually oriented business, whether services are provided on the premises of an establishment or on an out call basis at any other place and regardless of whether such business is licensed under this Article. A business with a sexually oriented business license shall be presumed to be a sexually oriented business. City of Cape Canaveral Ordinance No. 13-2004 Page 23 of 64 An individual operating a sexually oriented business is subject to the provisions of this Article notwithstanding the fact that services are being provided at or from a residence, motor vehicle, vessel or any other location and a license pursuant to this Article is required unless the individual is a paid employee for whom taxes and social security payments are withdrawn and paid by the licensed establishment, worker records are maintained, and the individual is not an independent contractor. Specified Anatomical Areas: (Editor's note: The source of the footnotes below is The New Webster's Medical Dictionary (Bolander, 1991). The definitions of terms set forth in the footnotes are a material part of this Article and apply to the use of the term each time it is used in this Article.) (a) Any of the following in a state that is less than completely and opaquely covered: M the male or female genitals'; the male or female pubic area'; the vulva'; the anus'; the penis5; the scrotum'; the cleavage of the buttocks; the buttocks; the anal'cleft; the anal cleavage; the breast' of a female; 'Genitals,Genitalia-Organs of the reproductive system,especially the external organs. 2Pubic Area-(1)Pubes,the pubic region;the anterior region of the innominate bone covered with pubic hair;os pubis.(2)Pubic,pertaining to the pubes.(3)Pubis,pubic bone,or the innominate bone. 'Vulva-External female genitalia,including the mons pubis,labia majora and minora,clitoris and vestibule of the vagina. 'Anus-Outlet of the rectum leading from the bowel. 'Penis-The male organ for urination and copulation,a pendulous structure that is suspended from the front and the sides of the pubic arch. 'Scrotum-The external double pouch that contains the testicles. 'Anal-A ring,pertaining to the rectal opening;near the anus. Breast-A portion of the human female mammary gland(commonly referred to as the female breast)including the nipple and the areola(the darker colored area of the breast surrounding the nipple)and an outside area of such gland wherein such outside area is: (i)reasonably compact and contiguous to the areola,and(ii)contains at least the nipple and the areola and one-fourth of the outside surface area of such gland. The female breast shall not include any portion of the cleavage between the human female breasts typically exhibited by a dress,blouse,shirt,leotard,bathing suit,or other wearing apparel,provided that the areola is not exposed. City of Cape Canaveral Ordinance No. 13-2004 Page 24 of 64 human male genitals in a discernibly turgid state, even if completely and opaquely covered. Body paint, body dyes, tattoos, liquid latex whether wet or dried, dental floss, G- Strin sg thongs, and similar coverings shall not be considered an opaque coverinR. Specified criminal act: (a) A violation of this Article; Any felony not otherwise specified in this definition; (c) An offense under Chapter 794, Florida Statutes (Sexual Battery); An offense under Chapter 796, Florida Statutes (Prostitution); (e) An offense under Chapter 800, Florida Statutes (Lewdness, Indecent Exposure); (f An offense under Chapter 826, Florida Statutes (Bigamy; Incest); W An offense under Chapter 847, Florida Statutes (Obscene Literature; Profanity); or An offense against an analogous Federal statute or the statutes of a state other than Florida, or an analogous ordinance of another county or city. Specified sexual activities: (Editor's note: The sources for the footnotes below are (1) Taber's Cyclopedic Medical Dictionary, T.A. Davis Co., Philadelphia, 1997 (ed. 18); (2) Oxford Dictionary of the English Language (multi-volume); (3) Florida Statutes. The definitions of terms set forth in the footnotes are a material part of this Article and apply to the use of the term each time it is used.) (a) human genitals in a state of sexual stimulation, arousal or tumescence; or acts of human anilingus', bestiality10, buggery", cunnilingus'z, coprophagy", 'Anilingus-Oral stimulation of the anus by use of the tongue or lips. 10Bestiality-(1)Use of animals for sexual enjoyment or any sexual act between a person and an animal involving the sex organ of the one and the mouth,anus,penis or vagina of the other. "Buggery-Sodomy. "Cunnilingus-Sexual activity in which the mouth and tongue are used to stimulate the female genitalia. 13Coprophagy-The eating of excrement. City of Cape Canaveral Ordinance No. 13-2004 Page 25 of 64 coprophilia14, fellatio15, flagellation", masochism", masturbation", necrophilia19,pederasty20,pedophilia", sadism", sadomasochism", sapphism", sexual intercourse 25, sodoMyM, urolagnia 21, or zooerasty28; or (c) fondling or other touching of human genitals, pubic region, any part of the buttocks, anus or female breast; or oral, anal, or vaginal penetration by, or union with, the sexual organ or any other part of the body of another; (e) anal or vaginal penetration of another or oneself with any object, or (f the handling or fondling of the sexual organ of another for the purpose of masturbation directly or through a medium; or W excretory functions as part of or in connection with any of the activities set forth in subsections (a)through (f). Straddle Dance: (a) The use by a worker of any part of his or her body to touch the genital or pubic area of another person,or the touchingof f the genital or pubic area of any worker by another person; or the straddling of the legs of a worker over any part of the body of a customer at the "Coprophilia-An abnormal interest in feces. "Fellatio-Oral stimulation of the penis. 16Flagellation-Whipping or a massage by strokes which is a form of sexual aberration in which the libido is stimulated by whipping oneself,being whipped,or whipping someone else. 'Masochism-Sexual excitement by being humiliated or hurt by another or a sexual perversion in which one takes delight in being dominated,even to the extent of violence or cruelty,by another person. 1$Masturbation-Stimulation of genitals or other erogenous areas by some means other than sexual intercourse,such as a hand or object. 19Necrophilia-Sexual intercourse with a dead body. 21 Pederasty-Anal intercourse between a man and a young boy. 21Pedophilia-Fondling of children or any other sexual relations with a child. "Sadism-Sexual pleasure derived from inflicting mental or physical pain on others. 23Sadomasochism-Sexual pleasure related to sadism and masochism. "Sapphism - Lesbianism, i.e., the unnatural sexual relationship between women such as cunnilingus, anilingus, masturbation,etc. "Sexual intercourse-Sexual union between a man and a woman by insertion of the penis into the vagina. "Sodomy-Anal intercourse. 27Urolagnia-Sexual excitation associated with urination(e.g.,watching another person urinate or having another person urinate on one's own body.) "Zooerasty-Bestiality. City of Cape Canaveral Ordinance No. 13-2004 Page 26 of 64 establishment,regardless of whether there is a touch or touching; or the use by a worker,of any part of his or her body to touch theeng ital.pubic region,buttock, anus or female breast of another person while at the establishment, or the touching of the genital, pubic region, buttock, anus or female breast of any worker by a customer while at the establishment. Conduct shall be a "straddle dance" regardless of whether the "touch" or "touching" occurs while the worker is displaying or exposing any specified anatomical area. (c) Conduct shall also be a "straddle dance" regardless of whether the "touch" or "touching_" is direct or through a medium. The terms "lap dance," "table dance," and "face dance" are included within the term "straddle dance". Worker: A person who works, performs, or provides services at an adult entertainment establishment or at or for a sexually oriented business, irrespective of whether said person is paid a salary or wage and shall include, but is not limited to, employees, independent contractors, subcontractors, lessees, or sub-lessees who work or perform at an adult entertainment establishment or at or for a sexually oriented business. An operator is a type of worker. Sec. 10-91. Notice. Any notice required under this Article shall, unless otherwise provided in this Article, be accomplished by posting upon the subject premises and/or sending a written notification by certified mail to the mailing address set forth on the application for the license or a permit. This mailing address shall be considered the correct mailing address unless the City Manager or his designee has been otherwise notified in writing. Sec, 10-92. Penalties/remedies/relief. Any person violating any of the provisions of this Article shall be prosecuted in the same manner as misdemeanors are prosecuted. Such violations shall be prosecuted in the name of the State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorney thereof and, upon conviction, shall be punished by a fine not to exceed Five Hundred and No/100 Dollars ($500.00)or by imprisonment in the County jail not to exceed sixty (60) days or by both fine and imprisonment as provided in Section 162.22, Florida Statutes (2003). Each incident or separate occurrence of any act that violates this Article shall be deemed a separate offense. In addition to the penalties provided under this section, violators of this Article shall be subject to any other appropriate civil or criminal action provided by law in a court of competent jurisdiction,including;,but not limited to,injunctive relief and actions under Chapter 162, Florida Statutes. City of Cape Canaveral Ordinance No. 13-2004 Page 27 of 64 Sec. 10-93. License required. (a) Requirement. It is unlawful for anypersonto operate or to be an operator of or worker at a sexually oriented business or an adult entertainment establishment which has not first obtained a license which is applicable for said establishment or business pursuant to this Article; or to continue to operate or be an operator of or worker at a sexually oriented business or an adult entertainment establishment where that person knows or has reason to know that the license of the establishment or business is under suspension,has been revoked or has lapsed. The operation of a sexually oriented business or an adult entertainment estab- lishment without a valid license,where applicable,is unlawful and shall be grounds for the closing of the establishment or business upon a finding of fact by a court or other body with proper jurisdiction that the establishment does not have a valid license. Licensing Office. Unless the City Manager designates in writing an office to administer the provisions of this Article,the City Manager shall serve as the licensing office. The City Manager may modify his designation from time to time in writing. When the phrase "City Manager or his designee" is used in this Article, the designee referred to shall be the City Manager or any other office designated in writing,pursuant to this Subsection. (c) Classifications. Adult entertainment establishment and sexually oriented business licenses referred to in this Article shall be classified as follows: Adult bookstore/adult video store; Adult performance establishment; Adult motel; Adult theater; Commercial Bodily Contact Establishment; or Escort Service. Single License/Single Classification of License. Only one(1)license may be issued for a location or any single building and only under a single classification. Sec. 10-94. Responsibilities of other offices and departments. The City Council is the legislative branch of the City of Cape Canaveral Rvernment. Ultimate responsibility for the administration of this Article is vested in the City Manager or his designee as set forth in this Article. Other departments having responsibility under this Article are as follows: City of Cape Canaveral Ordinance No. 13-2004 Page 28 of 64 (a) The City Manager or his designee is responsible for ranting, denying, revoking, renewing, suspending and canceling a license issued under this Article. The Police Chief is responsible for verifying information contained on applications for inspecting proposed or existing adult entertainment establishments and sexually oriented businesses in order to ascertain compliance with applicable criminal statutes and ordinances including„ but not limited to, those set forth in this Article, for determining whether license applicants have been convicted of a felony or a specified criminal act within the previous five (5) years and for enforcing applicable criminal statutes and ordinances including, but not limited to, those set forth in this Article. (c) The Building Official is responsible for inspecting establishments in order to ascertain compliance with all applicable building, codes, statutes, ordinances and regulations. The Fire Chief is responsible for inspecting establishments and businesses in order to ascertain compliance with all applicable fire codes, statues, ordinances and regulations. (e) The City Planner is responsible for ascertaining whether the location of proposed sexually oriented businesses or adult entertainment establishments comply with all separation, distance, zoning and location requirements of the Land Development Regulations of the City of Cape Canaveral and set forth in this Article and whether compliance with all applicable zoning regulations and land use laws is maintained. Sec. 10-95. License application and application fee. Any person desiring to engage in the business of operating an adult entertainment establish- ment or a sexually oriented business shall file with the City Manager or his designee a sworn application on forms supplied by the City. The application shall contain the information and documents as provided in this Article and shall be accompanied by an application fee as established in this Article. The application shall be signed b the he applicant and verified by the applicant before an officer authorized to take oaths and acknowledgments._ Sec. 10-96. Contents of application. (a) The completed application, shall be accompanied by the following documents and shall be accompanied by a non-refundable application fee of TWO HUNDRED AND NO/100 DOLLARS ($200.00) which shall be used to defray the costs of the application review process by various offices and departments, provided, however, that the fee shall be applied as a credit toward the annual license fee for licensing under this Article: If the applicant is: an individual, the individual shall state his or her legal name to include any and City of Cape Canaveral Ordinance No. 13-2004 Page 29 of 64 all aliases, residential street address, residential telephone number, an address where all correspondence from the City should be mailed, and submit proof that he is eighteen (18) years of age by providing a copy of a valid driver's license, voter's registration card or another State issued identification card; or a certified copy of a birth certificate; or a partnership or trust, the partnership or trust shall state its complete name, and the names, residential street addresses, and telephone numbers of all partners, whether the partnership is general or limited or trustees, the name and residential street address of at least one (1) person authorized to accept service of process and, if in existence, a copy of the partnership agreement; or a corporation, the corporation shall provide a copy of its articles of incorporation stating its complete name, the date of its incorporation, evidence that the corporation is in good standing, the names, residential street addresses, telephone numbers and capaci1y of all officers and directors, and, if applicable, the name of the registeredi corporate agent and the legal street address of the registered office for service of process; or any other entity, the entity shall state its complete name, the date of formation, the names, residential address, telephone numbers and capacity of all principal owners, and the name and residential street address of one (1) person authorized to accept service of process. (c) If the applicant intends to conduct activities in the establishment or business under a name other than that of the applicant, the applicant shall state the establishment's or business' fictitious name or names and the county of registration under Section 865.09, Florida Statutes, or its successor and all business names and telephone numbers to be used by the establishment or business. The applicant shall state whether the applicant or any of the other individuals listed on the application has, within the five (5) year period immediately preceding the date of the application, been convicted of a specified criminal act, and, if so, the specified criminal act involved, the date of conviction and the place of conviction. (e) The applicant shall state whether the applicant or any of the other individuals listed pursuant to subsection (b) has had a previous license under this Article suspended or revoked including the name and location of the establishment for which the license was suspended or revoked, the date of the suspension or revocation, and whether the applicant or any other individuals listed pursuant to subsection (b) has been a partner in a partnership or an officer, director or principal stockholder of a corporation whose license under this Article has previously been suspended or revoked, including the name and location of the establishment for which the license was suspended or revoked, as well as the date of the suspension or revocation. City of Cape Canaveral Ordinance No. 13-2004 Page 30 of 64 (f) The applicant shall state whether the applicant or any other individuals listed pursuant to subsection (b) holds any other licenses under this Article and, if so, the names and locations of such other licensed establishments. W The applicant shall state the single classification of license for which the applicant is filing. The applicant shall state the location of the proposed establishment or business including a street address, the name and address of the real property owner of the site, a notarized statement of consent from the real property owner authorizing a sexually oriented business or adult entertainment establishment on the site, and a legal description of the property on which the establishment is to be located. G) The applicant shall provide the names of the workers for the proposed establishment or business, if known, or, if presently unknown a statement to that effect. The applicant shall submit a plan drawn to appropriate scale of the proposed licensed premises indicating the areas to be covered by the license, all windows, doors, entrances and exits and the fixed structural features, walls, stages, partitions, projection booths, admission booths adult booths concession booths stands counters and similar structures of the establishment or business to which the proposed license pertains. The term "fixed structural features" shall include immovable partitions and counters and similar structures that are intended to be permanent. The applicant shall provide a mailing address, and, if different, a designated return address where all future correspondence from the City may be sent and the applicant's tele- phone number where communications and inquiries can be made. The applicant shall provide a recent color photograph of the applicant in passport size if an individual and of each officer and director if a partnership, corporation or other similar entity. (m) The applicant shall provide the weight, height, color of eyes, date of birth and gender of the applicant if an individual and of each officer, director or owner if a partnership, corporation or other similar entity. (n) The applicant shall provide the applicant's social security account number or employer's tax identification number and either the applicant's drivers license number or the number of a Federal or State issued identification card if an individual and of each officer and director or owner if a partnership, corporation or other similar entity_ (o) The applicant shall provide a complete set of the applicant's fingerprints if an individual and of each officer and director or owner if a partnership, corporation or other similar entity. City of Cape Canaveral Ordinance No. 13-2004 Page 31 of 64 fp) The applicant shall provide a copy of the most recent lease or deed of conveyance, whichever is applicable, indicatingthe he applicant's interest in the proposed establishment. Lcj) The applicant shall provide a statement of the hours of operations of the establishment or business. (r) It is unlawful for any person applying for an adult entertainment establishment or sexually oriented business license to make a false statement which is intended to facilitate the issuance of a license or to provide false information which is intended to facilitate the issuance of a license. Sec. 10-97. Continuing duty/false or misleading information. (a) Each applicant shall be under a continuing duty and obligation to disclose to the Citi Manager or his designee� any and all changes or alterations in the information or disclosures required by his Article. It is the duty of each applicant to correct changed, false or erroneous information provided in an application. It is unlawful for an applicant to fail to disclose changes in information provided or to fail to correct false or erroneous information jziven in an application immediately upon the applicant knowingor r being in such a position that he or she should have known that the information provided has changed or was false or erroneous when provided. It is unlawful for any person applying for an adult entertainment establishment or sexually oriented business license to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance of a license. Sec. 10-98. Consent. By applying for a license under this Article, the applicant shall be deemed to have consented to the provisions of this Article. Sec. 10-99. Investigation of applicant. Upon receipt of an application properly filed with the City Manner or his designee and upon payment of the non-refundable application fee, the application shall be time and date stamped and a copy of the application shall be forwarded to the Police Chief, the Fire Chief, the Building Official, and the City Planner. Each recipient entity shall promptly conduct an investigation of the applicant, application and the proposed establishment within fifteen (15) days from the date that the application was filed. Incomplete applications shall be returned to the Applicant for completion before a final decision is rendered under Section 10-100. At the conclusion of its investigation, each recipient entity shall indicate to the City Manager or his designee its investigative findings relating to the application and the reasons therefor. City of Cape Canaveral Ordinance No. 13-2004 Page 32 of 64 Sec. 10-100. Issuance or denial of license. (a) Upon the completion of the investigation and a review of the application as required; upon determination that the applicant meets the requirements of this Article and upon payment of the appropriate license fee by the Applicant, the City Manager or his designee shall within thirty (30) days of the application being filed issue the license. If after review and investigation as provided herein the City Manager or his designee determines that one (1) or more of the reasons for denial set forth in Section 10-101 exist, the application shall be denied, within thirty (30) days of the date that the application is filed, and the City Manager or his designee shall issue a written and dated notice of the denial and the reasons therefor. A copy of the notice shall be sent to the applicant by certified mail to the designated return address on the application within five (5) days of the date of denial. (c) The denial of an application shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. An applicant whose application is denied may immediately appeal as a matter of right to a court of competent jurisdiction, which court shall promptly review and decide said application. Sec. 10-101. Reasons for denial of application of license. The application for a license shall be denied if one (1) or more of the following reasons is found: (a) The application does not comply with the requirements of this Article and statutes expressly made applicable to adult entertainment and sexually oriented businesses such as Section 847.0134, Florida Statutes. The application contains material false information. (c) The applicant or any of the individuals stated in Section 10-96 of this Article has a license under this Article which is under suspension. The applicant or any of the individuals stated in Section 10-96 of this Article is or was at the time of suspension an officer, director or principal stockholder in an entity who has a license under this Article which is under suspension. (e) The applicant or any of the individuals stated in Section 10-96 of this Article had a license under this Article which had been revoked within the preceding two (2) years, if a first revocation; within the preceding four (4) years if a second revocation; and within a preceding six (6) years if a third revocation. City of Cape Canaveral Ordinance No. 13-2004 Page 33 of 64 (f) The applicant or any of the individuals stated in Section 10-96 of this Article is or was at the time of revocation an officer, director or principal stockholder in an entity who had a license under this Article which had been revoked within the preceding two (2) years, if a first revocation, within the preceding four (4) years if a second revocation; and within a precedingsix (6) years if a third revocation. (g) The applicant has operated an adult entertainment or sexually oriented business determined to be a State law "public nuisance" within the preceding year. The applicant has not timely paid taxes, fees, fines, and penalties due and owing the City. Sec. 10-102. Reapplication after denial. The applicant may not reapply for a license for a period of nine (9) months from the date of denial unless there has been an intervening_ change in the circumstances which may lead to a different decision regarding the former reason(s) for denial. Sec. 10-103. Annual license fee. (a) There shall be collected under this Article annual license fees for the following classifications of adult entertainment establishments and sexually oriented businesses: Adult bookstore/adult video store - SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($750.00); Adult theater - SEVEN HUNDRED FIFTY AND N0/100 DOLLARS 675M Adult performance establishments -SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($750.00); Adult motel - SEVEN HUNDRED FIFTY AND NO/100 DOLLARS 67 -IOM Commercial bodily contact establishment - SEVEN HUNDRED FIFTY AND NO/100 DOLLARS ($750.00); and Escort Service - SEVEN HUNDRED FIFTY AND N0/100 DOLLARS ($750.00). The annual license fees are declared regulatory in nature, collected for the purpose of examination and inspection of adult entertainment establishments and sexually oriented businesses under this Article and the administration thereof. This annual license fee is hereby declared to be revenue neutral in that the City will incur a greater annual cost to City of Cape Canaveral Ordinance No. 13-2004 Page 34 of 64 license and monitor an adult entertainment establishments and sexually oriented businesses compliance with this Article These regulatory fees are in addition to, and not in lieu of, the occupational licenses taxes imposed b the Cape Canaveral City Code or State law and other land development or regulatory fees associated with general commercial activities and locations. Sec. 10-104. Contents of license, term of license, renewals, expiration, lapse, nonconforming establishments. (a) Contents. An adult entertainment establishment or sexually oriented business license shall state on its face the name of the licensee, the name of the establishment, the street address of the establishment, the classification of the license, the date of issuance, and the date of expiration. (b) Term. All licenses issued under this Article shall be annual licenses which shall commence running on October 1, on which date they shall have been paid for, and shall expire on September 30 of the following year. If a license is issued after October 1, but by March 31 of the following year, the applicant shall pay the appropriate license fee in full. If a license is issued after March 31, but by October 1 of the same year, the applicant shall pay one-half the appropriate license fee. (c) Expiration/Renewal/Lapse. Each license shall expire on September 30 of each year and may be renewed only by making an application for a license in accordance with the provisions of this Article. Applications for renewal shall be made at least thirty (30) days before the expiration date of the license. The City Manager or his designee shall issue or deny the renewal application within thirty (30) days of the application being filed. Failure to make application at least thirty (30) days before the expiration date will not suspend the expiration of the current license and could result in a final determination on the renewal application after the commencement of the new license year on October 1. If the application for a renewal is denied, the applicant may immediately appeal to a court of competent jurisdiction, which court shall provide a prompt judicial review and decision on said appeal. Nonconforming Establishments. Unless expressly provided otherwise in this Article, the nonconforming status of any adult entertainment and sexually oriented business shall be governed by the nonconforming uses of land and uses of structures provisions of the City's Land Development Code. Sec. 10-105. Records and reports. Each licensee shall keep such records and make such reports as may be required by this Article. Sec. 10-106. Transfer of license. City of Cape Canaveral Ordinance No. 13-2004 Page 35 of 64 It is unlawful for a licensee to transfer his, her or its license to another person or entity or surrender possession, control, and operation of the licensed establishment to such other person or entityM. Sec. 10-107. Establishment name change. It is unlawful for a licensee to change the name of an adult entertainment establishment or sexually oriented business unless and until the City Manager or his designee is given thirty (30) days' notice in writing of the proposed name change and any and all changes or alterations in the information or disclosures required by this Article are submitted to the City. Sec. 10-108. Suspension and Revocation of License. (a) For purposes of this Section 10-108, the term "violation" shall mean an incident having occurred at, or by, an adult entertainment establishment or sexually oriented business which is prohibited by the provisions of this Article or made unlawful by Chapters 561, 562, 563, 564, 565, 794, 796, 800, 826, 827, 847, 893 or 895, Florida Statutes, or an analogous federal statute. Inspection of Records and Premises. In the event that the City Manager or his designee determines that the licensee or an operator at or of the licensee has refused to allow any inspection of records or premises as required by this Article, the City Manager or his designee may suspend the license for a period not to exceed thirty (30) days or until the licensee makes the records or premises available for inspection, whichever time period is greater. (c) Suspension. The following suspension procedure shall apply when the City Manager determines the violations have occurred without the licensee's knowledge. The City Manager or his designee shall suspend a license when he or his designee determines that any one (1) of the following has occurred: In the event three (3) or more violations occur within a two (2) year period, and convictions result from at least three (3) of the violations, the City Manager or his designee shall, upon the date of the third conviction, notify the licensee that the license shall be suspended for a period of thirty (30) days unless good cause is shown in accordance with this Article, that the violations have not occurred. For purposes of calculating this two (2) year period, the two (2) year period shall be deemed to be those twenty-four (24) months occurring immediated prior to the violation occurrence date for which the thirty (30) day suspension is sought. In the event one (1) or more violations occur within a two (2) year period from the date of the last violation occurrence date from which the conviction resulted in a thirty ,30) day suspension pursuant to subsection (c)(1), but not including an, time during which the license was effectively suspended, and a conviction results from one (1) or more of the violations, the City Manager or his designee shall, upon the date of the latest conviction, provide notice to the licensee that the license shall be suspended City of Cape Canaveral Ordinance No. 13-2004 Page 36 of 64 for a period of ninety (90) days unless good cause is shown in accordance with this Article that the violation has not occurred. In the event one (1) or more violations occur within a two (2) year period from the date of the last violation occurrence date from which the conviction resulted in a ninety (90) day suspension pursuant to subsection (c)(2), but not including any time during which the license was effectively suspended, and a conviction results from one (1) or more of the violations, the City Manager or his designee shall, upon the date of the latest conviction, provide notice to the licensee that the license shall be suspended for a period of One Hundred Eighty (180) days unless good cause is shown in accordance with this Article that the violation has not occurred. Revocation. The following revocation procedure shall apply when the CitYManager determines the violations have occurred with the licensee's knowledge. The City Manager or his desijznee shall revoke a license when he or his designee determines that any one (1) of the following has occurred: The licensee or any person on its or his behalf or any person listed on the application pursuant to Section 10-96(b) of this Article, gave false or misleading; information in the material submitted during the application process. The licensee or any person on its or his behalf or any person listed on the application pursuant to Section 10-96(b) of this Article has knowingly allowed possession, use, or sale of controlled substances on the premises of the establishment or business or when with a customer. The licensee or any person on its or his behalf or any person listed on the application pursuant to Section 10-96(b) of this Article has knowingly allowed prostitution on the premises of the establishment or business or when with a customer. The licensee or any person on its or his behalf or any person listed on the application pursuant to Section 10-96(b) of this Article knowingly operated the adult entertainment establishment or sexually oriented business during a period when the licensee's license was suspended. Except in the case of an adult motel, the licensee or any person on its or his behalf or any person listed on the application pursuant to Section 10-96(b) of this Article has knowingly allowed any specified sexual activities to occur on the premises of the establishment or business. (_6) The adult entertainment or sexually oriented business has been declared a public nuisance under State law by a court of competent jurisdiction. (e) Effective Dates of Suspensions and Revocations. Except as otherwise provided in this Article, all periods of suspension and revocation shall become effective fifteen (15) days after the City Manager or his City of Cape Canaveral Ordinance No. 13-2004 Page 37 of 64 designee posts the notice of suspension or revocation at the licensee's establishment, or on the date that the licensee turns in his, her or its license, whichever happens first. The suspension or revocation shall be abated in the event that the licensee files a timely challenge to the suspension or revocation in accordance with the procedures set forth in this Article or upon order of a court of competent jurisdiction. If an adult entertainment establishment or sexually oriented business license is revoked for the first time, the licensee shall not be issued another adult entertainment establishment or sexually oriented business license for a period of two (2) years running from the date the revocation actually takes effect after all abatement periods have lapsed. If an adult entertainment establishment or sexually oriented business license is revoked for the second time, the licensee shall not be issued another adult entertainment establishment or sexually oriented business license for a period of four (4) years running from the date the revocation actually takes effect after all abatement periods have lapsed. If an adult entertainment establishment or sexually oriented business license is revoked for the third time, the licensee shall not be issued another adult entertainment establishment or sexually oriented business license for a period of six (6) years running from the date the revocation actually takes effect after all abatement periods have lapsed. (f) Other Remedies. Notwithstanding the provisions of this Section, the City may pursue any and all other available remedies through any and all other available processes and procedures available to correct violations of City codes. Included within such remedies are the enforcement actions set forth in this Article, actions in a court of competent jurisdiction for injunctive or other appropriate relief, criminal prosecution, code enforcement proceedings, the issuance of citations, the suspension or revocation of permits relating to health or safety matters, and any and all other remedies available under the laws of the State of Florida and the United States. Sec. 10-109. Suspension and revocation proceedings. (a) Challenge to Suspension or Revocation. If the City Manager or his designee notifies a licensee in writing of the pending suspension or revocation of a license as provided in Section 10-108 of this Article, then the suspension or revocation shall become final and effective fifteen (15) days after mailing to the licensee's record address, posting at the licensed establishment, or actual delivery of the notice to the licensee, unless the licensee first files with the CityManager or his designee a written response stating the reasons why the suspension or revocation is alleged to be in error or inappropriate and a written notice of intent to challenge the suspension or revocation requesting a hearing to determine whether the suspension or revocation will become effective. The suspension or revocation shall be abated in the event that a licensee files a timely challenge to the suspension or revocation in accordance with the procedures of this Article or upon an order of a court of competent City of Cape Canaveral Ordinance No. 13-2004 Page 38 of 64 jurisdiction. A suspension or revocation already in effect, but not previously challenged in a suspension or revocation hearing, may be challenged in the same manner but is not abated during the proceedings. Hearing on Suspension or Revocation. When a licensee files a written response and notice of intent to challenge a pending or existing suspension or revocation then a public hearing to determine if the pending suspension or revocation will become effective and final shall be held by the Hearing Officer appointed by the City Council. The City Manager or his designee shall notify the City Attorney and any appropriate City offices who shall schedule and provide notice of the hearing date and time. M Appointment, term and compensation of hearing officer: Three (3) hearing officers shall be appointed by the City Council, and they shall be attorneys duly licensed to practice law in the State of Florida, who have practiced in the State for at least 5 years. Hearing officers shall be subject to removal with or without cause, by the City Council. Hearing officers shall not be considered to be City employees, although they may receive compensation for their services and also may be reimbursed for such travel, mileage and per diem expenses as may be authorized. Because only attorneys may hold the position of hearing officer, the City Council shall not be required to retain an attorney to represent the hearing officer. It shall be unlawful for a hearing officer to act as an agent or an attorney for a party involved in a determination under the provisions of this section or to be otherwise involved with any matter arising under this section which will come before the City during the term of the hearing officer's appointment. Further, a hearing officer shall not initiate or consider ex parte communications or other communications with any party of interest to a hearing officer concerning the substance of any proceeding to be heard by a hearing officer. However, the foregoing does not prohibit discussions between the hearing officer and City staff that pertain solely to scheduling and other administrative matters unrelated to the merits of the application. If a person engages in an ex parte communication with the hearing officer, the hearing officer shall place on the record of the pending case all ex parte written communications received, all written responses to such communications, a memorandum stating the substance of all oral communications received, and all oral responses made, and shall advise all parties that such matters have been placed on the record. Any party desiring to rebut the ex parte communication shall be entitled to do so but only if such party requests the opportunity for rebuttal within ten (10) days after notice of such communication. If he or she deems it necessary due to the effect of an ex parte communication received by him, the hearing officer may withdraw from the case and the City Council shall appoint another hearing officer to handle the case. City of Cape Canaveral Ordinance No. 13-2004 Page 39 of 64 If the City Manager and licensee cannot agree on the use of one (1) of the three (3) hearing officers, the City anager and licensee shall each have the right to eliminate one (1) of the three (3) hearing officers selected by the City Council. The one (1) hearing officer not eliminated by either party shall then act as the hearing officer for the license revocation hearing_ In the event licensee objects to all three (3) hearing officers, then the City Council shall choose the hearing officer from the list of three (3) hearing officers absent a showing of clear prejudice by the licensee. The hearing officer shall have the power to: Adopt rules for the conduct of the hearing; Subpoena licensees and witnesses to its hearings. Subpoenas may be served by the Cape Canaveral Police Department and/or other law enforcement agencies with jurisdiction to serve subpoenas; (C) Subpoena evidence to its hearings; (D) Administer oaths and take testimony under oath; and Issue an order having the force of law suspending or revoking the license. The suspension or revocation hearing shall be held within thirty (30) days of the City Manager's receipt of a written challenge and request for a hearing by the aggrieved licensee unless mutually agreed to between the licensee and City Manager or his designee. The participants before the Hearing Officer shall be the licensee, any witnesses of the licensee, the City Manager or his designee and any witnesses of the City Manager or his designee. All witnesses shall provide their legal name, mailing addresses and telephone number. The procedures used shall be those typically used in a civil case with the CjtX Manager or his designee having the burden of proof by preponderance of the evidence. Testimony and evidence may be submitted by any witness but shall be limited to matters directly relating to the grounds for suspension or revocation. Irrelevant, immaterial, or unduly repetitious testimony or evidence shall be excluded. (7) All testimony shall be under oath. The Hearing Officer shall decide all questions of procedure and standing. All hearings shall be open to the public. Minutes shall be kept at all hearings. Unless otherwise mutually agreed to between the licensee and the CityManager or his designee, the order of presentation of testimony and evidence shall be as follows: City of Cape Canaveral Ordinance No. 13-2004 Page 40 of 64 The City Manager or his designee and any witnesses of the City Manager or his designee. LM The licensee and any witnesses of the licensee. Rebuttal witnesses from the City Manager or his designee. Rebuttal witnesses from the licensee. LU Summation by the City Manager or his designee. Summation by the licensee. The Hearing Officer may also call and question witnesses or request additional evidence as the Hearing Officer deems necessary and appropriate. The City shall provide a hearing room and clerical staff as may be reasonably required by the Hearing Officer to conduct hearings and perform his or her duties. Each party to the hearing shall have the right to call and examine witnesses, introduce exhibits cross-examine opposing witnesses impeach witnesses and rebut evidence. The licensee has the right at his or her own expense to be represented by an attorney at any hearing. All testimony before the hearing officer shall be under oath and shall be recorded. The licensee or the Cid may cause a verbatim record of the proceedings to be made. If the Hearing Officer comes to believe that any facts claims, or allegations necessitate additional review or response by either the licensee or the City Manager or his designee then the Hearing Officer may order the hearing continued until an announced date certain not to exceed thirty (30) days from the date of continuance. The Hearing Officer shall render a final decision on the appeal within sixty (60) days of the City Manager's receipt of licensee's written notice of challenge. Lcj Filing of Decision The original of the written decision of the Hearing Officer shall be filed with the City Clerk and copies shall be delivered or mailed to the licensee, the City Manager or his designee and the Police Chief. judicial Review. Any person who participated in a suspension or revocation hearing before the Hearing Officer and who is aggrieved by the decision of the Hearing Officer may immediately challenge the decision in any court of competent jurisdiction pursuant to the Rules of Procedure of that courtThe record of the hearing shall consist of the complete record of the proceedings before the Hearing Officer. The Hearing Officer's decision shall be promptly reviewed and decided by the court. City of Cape Canaveral Ordinance No. 13-2004 Page 41 of 64 (e) Requirement of Exhaustion Procedures. Judicial review of a suspension or revocation, or related hearing or appeal proceedings, shall be available only after the administrative procedures and remedies set forth in this Section have been exhausted. Notice of Final Suspension or Revocation. If no response or request for a suspension or revocation hearing is filed within fifteen (15) days of the notice of a pending suspension or revocation, or if the licensee who requested the hearing does not appear at the suspension or revocation hearing after notice, or if the Hearing Officer decides after a hearingthat hat a pending suspension or revocation will become final, then the City Manager or his designee shall issue to the licensee notice of final suspension or revocation of the adult entertainment license and mail or arrange delivery of the notice to the licensee's record address. W Effective Date of Suspension or Revocation. The suspension or revocation of a license shall take effect the day after delivery of a notice of final suspension or revocation to the licensee in person, by posting on the licensed establishment, or by mail to the licensee's record address, or on the date the licensee surrenders the license, whichever happens first. The licensee shall immediately return and surrender a revoked license to the City Manager or his designee or surrender the revoked license, upon demand, to a member of the City's Police Department. Sec. 10-110. Worker records. (a) Each adult entertainment establishment and sexually oriented business, regardless of whether it is licensed under this Article, shall create, establish and maintain a record of all workers of the establishment or business. The record shall contain the worker's full legal name and any aliases and all past or current aliases of the worker; his or her date of birth; his or her residential address; his or her residential or cellular telephone number (if any) and all pager numbers and other similar numbers used; his or her driver's license number and a photocopy of the license; his or her state or federally issued identification card number including the worker's social security account number; the employment status of the worker including, but not limited to, whether the worker is a salaried employee, an independent contractor, a lessee, a sub -lessee, a subcontractor allowed to work at the establishment, or such other arrangement as may be in place; whether income taxes are withheld for the worker; and a recent passport type photograph of the worker as of the date of association with the establishment which accurately reflects the date on which the photograph was taken. Said records shall be maintained for a period of no less than two (2) years from the date the worker is separated from employment. The original records required by subsection (a) or true and exacthp otocopies thereof, shall be kept at the adult entertainment establishment or sexually oriented business at all times includingclear photographs. (c) All operators of an adult entertainment establishment or sexually oriented business shall be responsible for knowing the location of the original records, or the true and exact photocopies thereof. City of Cape Canaveral Ordinance No. 13-2004 Page 42 of 64 (d) All operators of an adult entertainment establishment or sexually oriented business shall, upon request by a law enforcement officer or the City Manager or his designee, make available for immediate inspection the original records, or the true and exact photocopies thereof at any time when the establishment or business is open for business. Sec. 10-111. General requirements for all adult entertainment establishments and sexually oriented businesses. (a) Each adult entertainment establishment and sexually oriented business, regardless of whether it is licensed under this Article, shall observe the following_ general requirements: Conform to, comply with and abide by all applicable safety, employer related, building, fire, health, zoning or land use statutes, codes, ordinances, rules and regulations, whether Federal, State or local. Keep the adult entertainment establishment or sexually oriented business license posted and prominently displayed in a conspicuous place at the establishment or business at all times, which license shall be available for inspection upon request at all times by the public, any law enforcement officer and the City Manager, or his or her designee, when the establishment or business is open for business. Opaquely cover each non-opaque area where a person outside the adult entertainment establishment or sexually oriented business may otherwise see inside the establishment or business. Provide to any law enforcement officer and the City Manager or his designee, during all hours of operation or when an operator is present at the establishment, access through the main entrance and into all areas of the establishment where customers are permitted without the necessity of using a key, computer entry, password or seeking clearance from a worker or customer to obtain entry through an electronically operated door or entryway. Install, construct, keep, maintain or allow only those signs at the establishment or building exterior which comply with the provisions relating to signage in the Land Development Regulations of the City of Cape Canaveral. Not allow any person under eighteen 18) years of age to be present when services are provided to or performed for a customer or when the establishment or business is open for business. Not employ or provide goods or services to any person under eighteen (18) years of age. Not provide, offer or engage in any services to any person when not licensed to do so under this Article. City of Cape Canaveral Ordinance No. 13-2004 Page 43 of 64 Not operate when a license issued pursuant to this Article has been suspended, revoked or canceled or when the license is expired. Not permit any animal except seeing eye dogs accompany a worker or customer when services are provided or performed. Not place, operate or contain video cameras, transmitting or taping equipment anywhere on the premises except where customers are advised in advance by posted notice. Not advertise the presentation of any activity prohibited by any law, rule or regulation whether Federal, State or local. Ensure that the view areas specified in this Article remains unobstructed by any doors, walls, merchandise, display racks or other materials at all times that any customer is present in the premises so as to ensure that no customer is permitted access to any area of the premises which has been designated as an area in which non -workers will not be permitted. Ensure that at least one (1) operator is on duty and present at the establishment or business when the establishment or business is open for business who is responsible and knows the whereabouts of all records required by this Article. Said operator's name shall be conspicuously posted on the premises at all times the business or establishment is open for business. Ensure that at least one (1) operator is situated in each manager's station, when required by this Article, at all times that any customer is present inside the premises. (16) Ensure that the premises are equipped with overhead lighting fixtures of suffi- cient intensity to illuminate everyplace to which customers are permitted access at an illumination of not less than fifteen to twenty (15-20) average maintained foot candles as measured thirty-five inches (35") above the floor level. The light shall be maintained at all times any customer is present in the premises. Not alter or otherwise change the contents of an adult entertainment establishment or sexually oriented business license. Ensure that each exterior entrance and exit door for use by customers and interior doors which permit entrance to the interior and exit to the interior from any interior foyer area shall remain unlocked when any person who is not a worker is inside the establishment. Establish create and maintain worker records as required by this Article. Sec. 10-112. Sexually oriented businesses. City of Cape Canaveral Ordinance No. 13-2004 Page 44 of 64 In addition to the general requirements for adult entertainment establishments and sexually oriented businesses contained in this Article, a sexually oriented business shall, regardless of whether it is licensed thereunder, comply with the following general requirements: (a) Post in an open and conspicuous place a list of services provided by the sexually oriented business which services shall be described clearly in the English language along with a specification as to the cost of each service. Provide each customer, in advance of any service being_ provided, with a written customer contract, written clearly in the English language, setting forth the service or services to be rendered, the cost of such service or services, the actual full name of the worker providing the service and actual full name, address and date of birth of the customer as reflected on a State or Federally issued identification card or drivers license and the customer's telephone number. (c) Create, establish and maintain a daily register in a format provided by the City Manager, or his or her designee, containing the actual full names and addresses of all customers as reflected on a State or Federally issued identification card or drivers license, the services performed, the time expended, the mode of payment and the full name of the worker providing the service. Not allow any worker of the sexually oriented business to accept any tip orrg atuity, directly or indirectly, from a customer in addition to the service fee specified in the customer contract. (e) Maintain all customer contracts and daily registers for a period of two (2) years following the customers date of service. Sec. 10-113. Adult theater provisions. In addition to the general requirements relating to adult entertainment establishments and sexually oriented businesses contained in this Article, an adult theater, regardless of whether it is licensed under this Article, shall: (a) If the adult theater contains an auditorium or hall, comply with each of the following provisions: have individual and separate seats (not couches, benches, or other seating configurations allowing or providing for the seating of multiple persons on the same item of furniture) to accommodate the maximum number of persons who may occupy the area; have a continuous main aisle alongside of the seating areas in order that each person seated in the areas shall be visible from the aisle at all times; (3) have a sign posted in a conspicuous place at or near each entrance to the auditorium or hall which lists the maximum number of persons who may occupy the City of Cape Canaveral Ordinance No. 13-2004 Page 45 of 64 auditorium or hall area, which number shall not exceed the number of seats within the hall or auditorium area; and be illuminated at an illumination of not less than fifteen to twenty (15-20) foot candles average maintained as measured at thirty-five inches (35') above the floor level and shall maintain the light at all times so that any customer present in the hall or auditorium may be seen. (b) If the adult theater contains adult booths, each adult booth shall comply with each of the following provisions: M have a sign posted in a conspicuous place at or near the entrance which states the maximum number of persons who may occupy the booth, which number shall correlate with the number of seats in the booth; have a permanently open entrance not less than three feet (3') wide and not less than six feet (6) high, not capable of being closed or partially closed by any curtain, door, or other partition which would be capable of wholly or partially obscuring anX person situated in the booth, provided, however, that the requirements of all building and related codes shall also be complied with; have individual, separate seats (which are not couches, benches, or other seating configurations allowing or providing for the seating of multiple persons on the same item of furniture) which correlate with the maximum number of persons who may occupy the booth; have a continuous main aisle alongside the booth in order that each person situated in the booth shall be visible from the aisle at all times; have an illuminated and continuous main aisle in which workers and customers can be seen from one end to the other; and have, except for the entrance, walls or partitions of solid construction without any holes or openings in such walls or partitions. (c) Have one (1) or more manager's stations. Configure the interior of the premises in such a manner that there is an unobstructed view from a manager's station of every area of the premises to which any customer is permitted access for any purpose excluding restrooms. (e) If the premises has two (2) or more manager's stations designated, configure the interior of the premises in such a manner that there is an unobstructed view of each area of the premises to which any customer is permitted access for any purposes from at least one (1) of the manager's stations. The view required in this subsection shall be by direct line of sight from the manager's station. City of Cape Canaveral Ordinance No. 13-2004 Page 46 of 64 (f) If the adult theater is designed to permit outdoor viewing by persons seated in automobiles, cause the motion picture screen so situated, or the perimeter of the establishment so fenced, such that the material to be seen b,, those may not be seen from any public right of way, property assigned a residential zoning classification or assigned a residential land use designation, any religious institution or church, any educational institution or school, or from a park. W Cover the floors of areas accessible to customers with smooth and non -permeable flooring material which can withstand frequent effective cleaning with industrial strength cleaning agents. Carpeting of any type is prohibited. Use smooth and non -permeable upholstery material, which can withstand frequent cleaning with industrial strength cleaning agents, to cover furniture permitted by this Article for the use of customers. Have, in areas accessible to customers, interior wall surfaces which can withstand frequent cleaning with industrial strength cleaning agents. W Use only those shades and blinds which can withstand frequent cleaning, with industrial strength cleaning agents. (Draperies are prohibited). Maintain areas accessible to customers in a clean and sanitary condition. Keep all furniture upholstery material free from holes and rips. (m) Utilize an appropriate and effective adaptation of the U.S. Center for Disease Controls universal precautions for the storage and transmission of the HIV virus and other diseases when cleaning or sanitizing the establishment. Sec. 10-114. Adult performance establishment provisions. (a) In addition to the general requirements for adult entertainment establishments and sexually oriented businesses contained in this Article, an adult performance establishment shall, regardless of whether it is licensed under this Article, have a stage provided for the expressive display or exposure of any worker's specified anatomical areas to a customer consisting of a permanent platform (or other similar permanent structure) raised a minimum of eighteen inches (18") above the surrounding floor and encompassing an area of at least one hundred (100) square feet. The stage shall be located at least three feet (Y) from the nearest table, chair, area or other accommodation where customers are seated or otherwise located; provided, however, that a table at which any customer is seated or served shall not be used as a stage. Notwithstanding the stage requirement in subsection (a), an adult performance establishment may also have smaller stages for the expressive display or exposure of a worker's specified anatomical areas to a customer consisting of permanent or removable platforms raised a minimum of eighteen inches (18") above the surrounding floor from where City of Cape Canaveral Ordinance No. 13-2004 Page 47 of 64 customers are seated or located; provided, however, that a table at which any customer is seated or served shall not be used as a stage. (c) In addition to the general requirements for adult entertainment establishments and sexually oriented businesses contained in this Article, an adult performance establishment shall, regardless of whether it is licensed under this Article: Prohibit persons engaged in the expressive display or exposure of specified anatomical areas from dancing or simulating sexual activity with any patron, spectator, employee, or other person on the premises of an adult performance establishment; and Not suffer or permit any person maintaining, owning or operating an adult performance establishment to construct, maintain, or use areas partitioned or screened from public view that are designed to be occupied or are commonly occupied alone or together by any person or persons on the premises of such establishment for private performances involvingthe h�pressive display or exposure of specified anatomical areas; and (3) Not permit any person or customer on the premises of an adult performance establishment to use or to be present in areas partitioned or screened from public view that are designed to be occupied together or along by any person or persons on the premises of such establishment for the display or exhibition of specified anatomical areas, and Post a sign which is clearly legible and located in a conspicuous place setting forth that straddle dancing is strictly prohibited; and Not place or permit the placement of a bed or mattress in the establishment. Sec. 10-115. Commercial bodilv contact establishments provisions. In addition to all general requirements of this Article pertaining to adult entertainment establishments and sexually oriented businesses contained in this Article, a commercial bodily contact establishment, regardless of whether it is licensed under this Article, shall: (a) Operate only from a fixed physical location which is set forth on its sexually oriented business license and all required occupational licenses. Not advertise, offer or provide any other service other than services which are posted. (c) Provide clean linen and towels for each customer when towels and linens are used during the course of providing services to a customer; provided, however, that heavy white paper may be substituted for sheets if such paper is used for only one (1) customer and then discarded into a sanitary receptacle. Store clean linen, towels and other materials used in connection with providing commercial bodily contact in closed cabinets. City of Cape Canaveral Ordinance No. 13-2004 Page 48 of 64 (e) Disinfect and sterilize non -disposable instruments after each use on a customer. (f Cause all workers to conceal their specified anatomical areas with an opaque covering at all times when on the premises of the business by wearing an opaque surgical type gown. W Not encourage, allow or permit any customer to consume food or beverages in the business. Provide commercial bodily contact in an area wherein such area is visible at all times from common areas in the establishment. No contact may occur in a separate or individual cubicle room booth or area which is not visible from common areas of the establishment and a receptionist area; provided, however, that if male and female customers are provided services at the same time, separate work areas shall be established for eacheg_nder. Q Not advertise, display, publish, exhibit, place, distribute or promote on any advertising matter or signage services that are not posted or a suggestion that services not posted will be provided. W Not advertise, display_ publish, exhibit, place, distribute or promote on any advertising matter or signage any suggestion that workers will be dressed in any manner other than as required in this Article. W Not begin a meeting or service with a customer between 10:00 p.m. of any da, of the week and 9:00 a.m. the following day. Not provide services at anyplace other than a physical location licensed to provide commercial bodily contact under the provisions of this Article. (m) Not place or permit the placement of any bed, mattress or sofa at the business; provided, however, that a sofa ma.�be placed in the reception area open to the public at the main entrance of the business and cots or padded mats may be used when providing commercial bodily contact. Sec. 10-116. Escort service. In addition to alleg neral provisions pertaining to adult entertainment establishments and sexually oriented businesses contained in this Article, an escort service, regardless of whether licensed under this Article, shall: (a) Not advertise, offer or perform any other service than services which are posted. Cause all workers and escorts to conceal their specified anatomical areas with an opaque covering at all times when on the premises of the escort service. (c) Not advertise, display, publish, exhibit, place, distribute or promote on any advertising matter or signage services that are not posted or a suggestion that services not posted will be provided. City of Cape Canaveral Ordinance No. 13-2004 Page 49 of 64 Not begin a meeting or service with a customer between 10:00 p.m. of any day of the week and 9:00 a.m. the following day. (e) If offering or providing escorts or escort service within the Cit o� f Cape Canaveral, each escort service shall notify the City Manager or his designee of an authorized physical location, which may or may not be within the City, from where the escort service operates and dispatches escorts. (f Include in all advertising or promotional literature posted, placed, published, or distributed within the City of Cape Canaveral the number of a valid sexually oriented business license issued by the City unless the escort service does not refer, send, or dispatch escorts to any location within the jurisdictional limits of the City of Cape Canaveral. W Each escort service shall ensure that every escort and worker of the escort service is provided with a copy of the escort service's license and carries it while working as an escort for the service, and displays said license upon the request of any law enforcement officer or the City Manager or his designee. In addition to a copy of the escort service's license, each escort service shall ensure that each escort has an occupational license to engage in the occupation of escort within the City and that they carry said license while working and displays said license upon the request of any law enforcement officer or the City Manager or his designee. Notwithstanding the foregoing, an escort or worker of an escort service who is a paid employee for whom taxes and social security payments are withheld and paid by the licensed escort service and who is not an independent contractor may substitute and carry a copy of the sexually oriented business/escort service license of the employing escort service only, provided that worker records as required by this Article are created and maintained by the licensed escort service. If a meeting with or the service of a customer occurs at a location not open to the public, then the escort shall check in with the on duty manager of the premises in person where the meeting or service occurs or begins prior to meeting or servicing a customer and advise the manager of the following: names of the escort(s), the escort service and customer(s), the escort's time of arrival and estimated time of departure; and a copy of the escort service's sexually oriented business license and the escort's own occupational license, if applicable, and the location of the meeting within the structure. Sec. 10-117. Engaging in prohibited activity: customers. (a) It is unlawful for any customer in or for an adult entertainment establishment or sexually oriented business regardless of whether licensed pursuant to this Article to do any of the following acts: To engage or participate in a straddle dance at the establishment or business. To offer, contract or otherwise agree to engage or participate in a straddle dance with a person at the establishment or business. City of Cape Canaveral Ordinance No. 13-2004 Page 50 of 64 To engage or participate in any specified sexual activity at the establishment or business or while in the presence of a worker. To display or expose while in the presence of a worker or when at the establishment or business any specified anatomical area. To offer or deliver a tip orrg atuity to any worker of an establishment or business before, duriniz or after the provision of services except at an adult performance establishment. If a worker is a female, to intentionally touch, fondle or manipulate her on her clothed or unclothed breast(s), either directly or through a medium. To intentionally touch, fondle, massage, or manipulate any specified anatomical area of a worker, a customer, or himself or herself, whether clothed or unclothed, on the premises of the establishment or business. To intentionally touch, fondle, massage or manipulate a worker on any pecified anatomical area when at or receiving services from the adult entertainment establishment or sexually oriented business. To intentionally touch, fondle, massage or manipulate the clothed or unclothed breast(s) of a female worker, or to touch the clothed or unclothed body of a worker at any point below the waist and above the knee of the worker when at an adult entertainment establishment or sexually oriented business. (10) To occupy an adult booth in which booth there are more people than that specified on the posted sign required by this Article. To otherwise violate or aid or abet a violation of this Article. (12) To encourage or solicit any worker to engage in any specified sexual activity. It is unlawful for any customer at or of a sexually oriented business to do any of the following acts regardless of whether the establishment is licensed pursuant to this Article: To intentionally touch, massage or manipulate, directly or indirectly or through a medium while on the premises of the establishment or when with a worker, the customer's specified anatomical areas. To solicit any worker to provide a service not posted. To solicit or receive any service not indicated and contracted for in the written customer contract. City of Cape Canaveral Ordinance No. 13-2004 Page 51 of 64 To provide to the worker providing the service either directly, indirectly or through a medium, any tip, gratuity or other consideration beyond the fee specified in the customer contract. To expose any pecified anatomical area to the view of a worker. Sec. 10-118. Engaging in prohibited activity: workers / operators. (a) It is unlawful for any worker of an adult entertainment establishment or sexuallX oriented business, regardless of whether licensed under this Article, to do any of the following acts or for an operator of an adult entertainment establishment or sexually oriented business, regardless of whether licensed hereunder, to knowingly permit, suffer, aid allow or encourage any worker to do any of the following acts: To engage or participate in astraddle dance with a customer at the establishment or business. (2) To offer, contract or otherwise agree with a customer to engage or participate in a straddle dance with a person at the establishment or business. To engage or participate in any specified sexual activity or activities at the establishment or business with a customer, him or her self or a worker. To display or expose at the establishment or business specified anatomical areas except in accordance with the provisions of this Article and other applicable law. (5) To request or accept a tip orrg atuity from a customer except at an adult performance establishment. To work in an adult entertainment establishment or sexually oriented business that he or she knows or should know is not licensed under this Article, or which has a license which is under suspension, has been revoked or canceled, or has expired regardless of whether he, she or it has applied for and obtained a license under this Article. To display or expose specified anatomical areas while engaging in personal advertising, pandering, or solicitation, whether passive or otherwise, on behalf of the worker, any other worker, or the establishment or business while situated outside anX structure at the establishment or business, or at a place at the establishment or business where the worker is visible from any public right-of-way or sidewalk. 'Personal advertisiniz" means encouraging or enticing, by whatever direct or indirect means, potential customers outside the doors of the establishment or business to enter the establishment or business. (8) To suffer, permit, or allow any door of the business or establishment that is visible from a public right-of-way or sidewalk to be opened or remain opened except when a person is entering or exiting the establishment or business. City of Cape Canaveral Ordinance No. 13-2004 Page 52 of 64 To allow or encourage a customer to intentionally touch or fondle either directly or through a medium, any specified anatomical area of the customer, a worker or another customer. (110) If the worker is a female, to allow herself to be intentionally touched on her clothed or unclothed breast(s) by a customer. To allow or encourage a customer to intentionally touch any portion of a worker's body below the waist and above the knee. To expressively display or expose any specified anatomical area unless such worker is in an area described in Subsections 10-114(a) or 10-114(b) of this Article and the stage on which the worker is located is not located between the legs of a customer. To provide or engage in any private performance described in Subsection 10- 114(c) of this Article. To remain in the presence of a customer who is exposing specified anatomical areas at the establishment or in the presence of a worker or another customer. To violate or aid or abet in a violation of the provisions of this Article To encourage or knowingly permit any customer to intentionally touch fondle massage or manipulate, either directly or indirectly through a medium any of the customer's specified anatomical areas on the premises of the establishment or when in the presence of another customer or worker. To encourage or solicit any customer to engage in any specified sexual activity_ To intentionally touch, fondle, massage or manipulate any customer on the customer's clothed or unclothed body between the waist and above the knee It is unlawful for any worker of a sexually oriented business regardless of whether it is licensed under this Article, to do any of the following acts or for an operator of a sexually oriented business, regardless of whether it is licensed under this Article to knowingly or with reason to know permit suffer or allow any worker to commit any of the following acts: LIJ To accept a tip or gratuity from or on behalf of a customer in addition to the service fee stated in the written customer contract. To begin a meeting or service, continue a meeting or service solicit a meeting or service or make or solicit a sale between the hours of 10.00 p.m. of any particular day and 9:00 a.m. the following day. Provide commercial bodily contact except at the physical structure of the establishment which has a commercial bodily contact establishment license City of Cape Canaveral Ordinance No. 13-2004 Page 53 of 64 To provide any service not posted as required by this Article To provide any service without first executing a customer contract (c) It is unlawful for any worker of an adult entertainment establishment or sexually oriented business, regardless of whether licensed pursuant to this Article to knowing permit, suffer, aid, allow or encourage any customer to do any of the following acts: To intentionally touch, fondle massage or manipulate either directly or indirectly through a medium, any of the customer's specified anatomical areas when at the establishment or business or while in the presence of a worker or anther customer. To intentionally touch, fondle massage or manipulate either directly or indirectly through a medium, any specified anatomical area of another customer or a worker when at the establishment or business or while in the presence of a worker or customer. To engage in any specified sexual activities at the establishment or business with a worker, customer, him or her self or with another customer. To expose the customer's specified anatomical areas at the establishment or business or when receiving services or when in the presence of a worker or another customer. To engage or participate in a straddle dance. To intentionally touch, fondle massage or manipulate a worker at any point below the waist and above the knee. M To intentionally touch a female worker on the clothed or unclothed breast Sec. 10-119. Operation without license. It is unlawful for any person to be an operator of or at or to be a worker for an adult entertainment establishment or sexually oriented business where the person knows or should know: that the establishment or business does not have an adult entertainment establishment or sexually oriented business license for the applicable classification that the establishment or business has a license which is under suspension that the establishment or business has a license which has been revoked canceled or has expired. Sec. 10-120. Operation contrary to operational requirements City of Cape Canaveral Ordinance No. 13-2004 Page 54 of 64 (a) It is unlawful for any person to be an operator of an adult entertainment establishment or sexually oriented business which does not satisfy all of the requirements of Section 10-111 of this Article, regardless of whether the establishment is licensed thereunder. It is unlawful for any person to be an operator of a sexually oriented business which does not satisfy all of the requirements of Section 10-112 of this Article regardless of whether the establishment is licensed thereunder. (c) It is unlawful for any person to be an operator of an adult performance establishment which does not satisfy all of the special requirements of Section 10-114 of this Article regardless of whether licensed thereunder. It is unlawful for any person to be an operator of an adult theater which does not satisfy all of the special requirements of Section 10-113 of this Article regardless of whether the establishment is licensed thereunder. (e) It is unlawful for any person to be an operator of an escort service which does not satisfy all of the special requirements of Section 10-116 of this Article regardless of whether licensed thereunder. (f It is unlawful for any person to be an operator of a commercial bodily contact establishment which does not satisfy all of the special requirements of Section 10-115 of this Article regardless of whether the establishment is licensed thereunder. See. 10-121. Use of restrooms or dressing rooms. (a) Notwithstanding any provision in this Article indicating to the contrary it is not unlawful for any worker of an adult entertainment establishment or sexually oriented business, regardless of whether it is licensed under this Article to expose any specified anatomical area during the worker's bona fide use of a dressing room or bath room which is occupied at the time only by workers of the same sex. Notwithstanding any provision in this Article indicating to the contrary, it shall not be unlawful for any customer of an adult entertainment establishment or sexually oriented business, regardless of whether it is licensed under this Article to expose any pecified anatomical area during the customer's bona fide use of a bath room which is occupied at the time only customers of the same sex. (c) It is unlawful to be an operator of an adult performance establishment which has a dressing room for use by its workers, that is accessible to customers. It is unlawful to be an operator of a sexually oriented business which has a dressing room for use by its customers that is accessible to workers. (e) Notwithstanding any provision of this Article to the contrary a worker engaged in the work of a rest room attendant or valet may occupy a rest room which is also occupied by City of Cape Canaveral Ordinance No. 13-2004 Page 55 of 64 customers provided that the valet or attendant does not expose any specified anatomical area to the view of a customer and is of the same sex of the customer occupying the rest room ff Notwithstanding any provision of this Article to the contrary, it is not unlawful for a worker or customer to touch their own specified anatomical areas during their bona We use of a rest room, dressing room or bath room when such touching is necessary and inherent to the activity of changing clothes or excretory functions. Sec. 10-122. Minors - unlawful provisions. It is unlawful for an operator or worker of an adult entertainment establishment or sexuallX oriented business regardless of whether licensed under this Article to knowingly or with reason to know, permit, suffer or allow: (a) Admittance to the establishment or business of a person under eighteen (18) years of age when the establishment or business is open for business A person under eighteen (18) years of age to remain at the establishment or business when the establishment or business is open for business Lc� A person under eighteen (18) years of age to purchase goods or services from the establishment or a worker at the establishment or business. A person under eighteen (18) years of age to be a worker at or for the establishment or business. Sec. 10-123. Records - unlawful provisions. (a) It is unlawful to be an operator or worker of an adult entertainment establishment or sexually oriented business, regardless of whether it is licensed under this Article if the current and valid adult entertainment establishment or sexually oriented business license is not conspicuously displayed on the premises of the establishment or business (121 It is unlawful to be an operator of an adult entertainment establishment or sexuallX oriented business, regardless of whether licensed under this Article which does not create establish and compile worker records, maintain worker records or where such records are not produced for inspection by a law enforcement officer upon request when the establishment or business is open for business. (c) It is unlawful to be an operator of a sexually oriented business regardless of whether it is licensed under this Article, at which customer contracts daily registers and a list of services have not been compiled maintained or are not produced for inspection by a law enforcement officer upon request when the establishment or business is open for business It is unlawful for a worker at or of an adult entertainment establishment or sexually oriented business, regardless of whether licensed under this Article to fail to obtain carry or produce for inspection by a law enforcement officer upon request an occupational license City of Cape Canaveral Ordinance No. 13-2004 Page 56 of 64 for the occupation in which the worker is engaged; provided however, that a worker of an adult entertainment establishment or sexually oriented business who is a paid employee for whom income taxes and social security payments are withheld and paid by the establishment and who is not an independent contractor shall not be required to obtain an occupational license or their own adult entertainment establishment/sexually oriented business license (e) It is unlawful for an escort, regardless of whether they are a paid employee for whom income taxes and social security payments are withheld and paid by the escort service to fail to carry and produce for inspection by a law enforcement officer a copy of the sexually oriented business license of the employing escort service when working as an escort or providing the services of escort. ff It is unlawful for any person or any person on their behalf applying for a license under this Article to make a false or misleading statement or provide false or misleading information which is intended to facilitate the issuance of a license W It is unlawful for any worker, customer or operator to provide false or misleading information in any worker record, customer contractor daily re ister required by this Article It is unlawful to be an operator or worker at an adult entertainment establishment or sexually oriented business which does not have conspicuously posted the name of the operator on duty while the establishment is open for business Q It is unlawful for an operator of an adult entertainment establishment or sexually oriented business to fail to produce for inspection any worker record required by this Article when requested by a law enforcement officer or the City Manager or his designee when the establishment or business is open for business W It is unlawful for an operator of a sexually oriented business to fail to produce for inspection any worker record, customer contract or daily register required by this Article when requested by a law enforcement officer or the City Manager or his designee when the establishment or business is open for business. Sec. 10-124. Hours of operation - unlawful provisions (a) It is unlawful for any operator of an adult entertainment establishment regardless of whether licensed pursuant to this Article to allow such establishment to remain open for business or to knowingly allow any worker to engage in a performance solicit a performance, make a sale solicit a sale provide a service or solicit a service between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. It is unlawful for any operator of a sexually oriented business regardless of whether licensed pursuant to this Article, to allow such business to remain open for business or to permit any worker to engage in a performance solicit a performance make a sale solicit a sale, begin, continue or provide a service or solicit a service between the hours of 10.00 p.m. and 9:00 a.m. of any particular day. City of Cape Canaveral Ordinance No. 13-2004 Page 57 of 64 (c) It is unlawful for any worker of an adult entertainment establishment regardless of whether licensed pursuant to this Article to engage in a performance solicit a performance make a sale, solicit a sale, provide a service or solicit a service between the hours of 2.00 a.m. and 9:00 a.m. of any particular day. It is unlawful for any worker of a sexually oriented business regardless of whether licensed pursuant to this Article, to provide a service solicit a service engage in a performance, solicit a performance, make a sale solicit a sale begin a service or continue a service between the hours of 10:00 p.m. and 9:00 a.m. of any particular day. Sec. 10-125. Special prohibitions relating to escorts and escort services - unlawful provisions. It is unlawful for any escort, escort service or worker of an escort service regardless of whether licensed under this Article, to commit anv of the following acts or for an operator of an escort service regardless, of whether licensed thereunder, to knowingly permit suffer, aid, assist or allow any escort or escort service worker to commit any of the following acts: (a) To enter a hotel motel or other place of temporary lodging for the purpose of meeting or providing services to a customer without immediately upon entering such hotel motel or other place and prior to meeting the customer making personal face-to-face contact with the on duty manager at the front desk or reception area and providing that person with the following information: LD the time of arrival and estimated time of departure; a copy of the escort service's sexually oriented business license and if applicable the escort's occupational license; Lal the name of the escort, the escort service and the customer being met/served; and the location of the meeting or service within the structure including the room number. To require, entice or solicit any customer to remove any article of clothing (c) To display or expose any specified anatomical area to a customer. To begin a meeting or service without first meeting the customer in a public place such as a bar or restaurant before accompanying the customer to any place not open to theup blic such as a hotel room or residence. (e) To meet with or provide services to a customer in any not open to the public such as a hotel room, motel room or residence without first executing the customer contract as required by this Article. City of Cape Canaveral Ordinance No. 13-2004 Page 58 of 64 Lf To provide services to a customer even in a public place without first executing the customer contract as required by this Article immediately following the meeting of the customer. W To solicit a tip or gratuity from a customer in exchange for a promise or suggestion that any act or service not contracted for in the customer contract will be performed To accept any compensation or payment except that which is provided in the customer contract. Sec. 10-126. Special prohibited acts - commercial bodily contact - unlawful provisions It is unlawful for a worker of a commercial bodily contact establishment regardless of whether licensed pursuant to this Article to commit any of the following acts or for the operator of a commercial bodily contact establishment regardless of whether licensed thereunder, to knowingly or with reason to know, permit suffer, aid assist or allow any worker to commit any of the following acts: (a) To provide commercial bodily contact or to be present at the premises of the business when open for business unless covering their specified anatomical areas by wearing an opaque surgical type gown. To display or expose any specified anatomical area to a customer. Lcj To allow a customer to expose or display the customers specified anatomical areas in the presence of a worker. To allow a customer to engage in any specified sexual activity with him or herself, another customer or with a worker. Lej To perform or provide commercial bodily contact except at the premises of a commercial bodily contact establishment licensed under this Article (f To encase in or offer to engage in private modeling or the activities of an escort with any customer. (2) To provide commercial bodily contact or service to a customer without first executing a customer contract as required by this Article To intentionally touch, fondle, manipulate or massage the specified anatomical area of any customer. Q To allow any customer to intentionally touch fondle manipulate or massage any specified anatomical area of any worker or the body of any worker below the waist and above the knee, directly, indirectly or through a medium City of Cape Canaveral Ordinance No. 13-2004 Page 59 of 64 W To remain in the presence of any customer who is displaying exposing, intentionally_ touching fondling or manipulating any pecified anatomical area Lk) To allow any customer to intentionally touch massage or manipulate any specified anatomical area while on the premises of the business or when in the presence of a worker. To solicit or require a customer to remove any item of clothing as a prerequisite to providing commercial bodily contact (m) To accept or solicit any tip remuneration consideration or gratuity in excess of the fee provided in the executed customer contract (n) To acceptor solicit any tip remuneration consideration or gratuity in exchange for any enhanced service. of To fail to require a customer to cover such customers' specified anatomical areas with a towel, robe, undergarment, bathing suit or other similar fully opaque material while on the premises of the business. fp) To engage in or offer to engage in any private performance or act as an adult model Sec. 10-127. Commercial bodily contact establishments - prohibited • savings provision (a) Notwithstanding any provision of this Article it is unlawful to operate or be a worker for or at a commercial bodily contact establishment which engages in commercial bodily contact. Notwithstanding the provisions of subsection (a) in the event that subsection (a) prohibiting commercial bodily contact establishments is found to be unconstitutional or otherwise invalid by a court of competent jurisdiction or should an injunction be issued relative to the enforcement of subsection (a) then all provisions set forth this Article applicable to commercial bodily contact establishments and sexually oriented businesses shall apply to businesses and establishments engaged in commercial bodily contact Sec. 10-128. Occupational licenses/home occupations (a) The City Manager or his designee may take such steps as may be necessary to ensure that the occupational license tax is paid by only such individuals and entities that are lawfully permitted in accordance with the provisions of this Article (b) Adult entertainment establishments and sexually oriented businesses shall not be approved as home occupations. Sec. 10-129. Sexual encounter businesses prohibited/prohibited acts - unlawful provisions. (a) It is unlawful to be an operator of or be a worker at a sexual encounter business City of Cape Canaveral Ordinance No. 13-2004 Page 60 of 64 khj It is unlawful to cause, encourage or allow a person under eighteen (18) years of age to be present at a sexual encounter business Lc I It is unlawful to aid or abet a person causing encouraging or allowing a person under eighteen (18) years of age to be present at a sexual encounter business Sec. 10-130. Immunity from prosecution The City and any and all of its officers departments or agents and any law enforcement officer shall be immune from prosecution civil or criminal for the reasonable good faith trespass upon an adult entertainment establishment or sexually oriented business while acting within the scope of the authority set forth in this Article. Secs. 10-131 through 10-132 Reserved Section 4. Amend Section 110-352 of the Code. The City of Cape Canaveral Code, Chapter 110, Article VII, Division 6, Section 110-352, is hereby amended as follows (underlined type indicates additions, strikeant type indicates deletions, and asterisks (* * *) indicate a deletion from this Ordinance of text existing in Section 110-352. It is intended that the text in Section 110-352 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 *** Sec. 110-352. Principal uses and structures. In the M-1 light industrial and research and development district, the following uses and structures are permitted, provided any use or group of uses that are developed, either separately or, if developed as a unit with certain site improvements, shared in common, meet requirements of article IX of this chapter: *** (7) Adult entertainment establishments and sexually oriented businesses, providing it complies with the following provisions: (a) Definitions. Where applicable, words or phrases used in this subsection (7) shall be defined according to chapter 10, article IV of the Cape Canaveral City Code. (b) Prohibited locations. Notwithstanding any other provision of the zoning ordinance of the city, no person shall cause or permit the establishment of an adult entertainment establishment or sexually oriented business within 1,000 feet of another such establishment or within 1,000 feet of any preexisting religious institution, school, public park, public librart or any residentially zoned district (including, but not limited to, R-1, R-2, R-3) or area designated residential on the City's Comprehensive Plan City of Cape Canaveral Ordinance No. 13-2004 Page 61 of 64 Future Land Use Man. No person shall cause or permit the establishment of an adult entertainment establishment or sexually oriented business within 2,500 feet of an educational institution. No person shall cause or permit the establishment of a public park, public library, residential land use or religious institution within 1,000 feet or an educational institution within 2,500 feet of an existing adult entertainment establishment or sexually oriented business. This provision shall also apply to adult entertainment establishments, sexually oriented businesses religious institutions, public parks, public libraries, educational institutions and areas zoned or designated on a Comprehensive Plan for residential use that lie outside of the city. (c) Permissible locations. Notwithstanding any other provisions of the zoning ordinance of the city, except those contained in subparagraph b., prohibited locations, above, adult entertainment establishments and sexually oriented businesses shall only be allowed in the M-1 zoning district. (d) Measurement of distance. The distance between any two adult entertainment establishments or sexually oriented businesses shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of each such establishment. The distance between any adult entertainment establishment or sexually oriented business and any residentially zoned or designated land zanirtg distric , religious institution, public park, public library or school educational institution shall be measured in a straight line, without regard to intervening structures, from the closest exterior structural wall of the adult entertainment establishment or sexually oriented business to the nearest boundary of the area zoned or designated on the Comprehensive Plan for residential use, or nearest property boundary of any religious institution, public library, public park or school educational institution. (e) Reserved. (f) Wai-verVariance. Upon written application duly filed with the City he city council, may rant a waiver variance, with or without conditions and additional safeguards, to the distance requirements of subparagraph b. (4) above if it finds: (1) That the proposed use will not be contrary to the public interest, detrimental to the public welfare, or injurious to nearby properties, and that the spirit and intent of the zoning ordinance will be observed; (2) That all applicable provisions of this subsection and the City of Cape Canaveral Sexually Oriented Business and Adult Entertainment Establishment Code will be observed; (3) That the proposed use will not be contrary to any adopted land use plan; (4) That special conditions and circumstances exist which are peculiar to the land, building or proposed business which are not generally applicable to other lands, buildings, or adult entertainment or sexually oriented businesses City of Cape Canaveral Ordinance No. 13-2004 Page 62 of 64 (5) That the variance is the minimum variance that will make possible the reasonable use of the subject land and building for the intended purpose-, and (j�j That the variance does not confer upon the applicant any special privilege. Section 5. Severability. If any Section or portion of a Section of this Ordinance proves to be invalid, unlawful, or unconstitutional, it shall not be held to invalidate or impair the validity, force, or effect of any other Section or part of this Ordinance. Section 6. Codification. It is the intention of the City Council of the City of Cape Canaveral, Florida, and it is hereby ordained, that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Cape Canaveral, Florida; that the Sections of this Ordinance may be renumbered or relettered to accomplish such intention; that the word, "Ordinance," may be changed to "Section," "Article," or other appropriate word. Section 7. Additional Legislative Intent. The City Council of the City of Cape Canaveral, Florida, hereby finds and declares that this Ordinance is in addition and supplemental to the Brevard County Public Decency Ordinance and that this Ordinance in no way whatsoever is intended to conflict with the Brevard County Public Decency Ordinance. To the extent of any conflict between the City of Cape Canaveral Sexually Oriented Business and Adult Entertainment Establishment Ordinance and the Brevard County Public Decency Ordinance, the more restrictive conflicting provision shall prevail. The City of Cape Canaveral's City Council finds and declared that this Ordinance shall not be construed as opting the City of Cape Canaveral out of the Brevard County Public Decency Ordinance. This Section 5 shall not be codified. Section 8. Effective Date. This Ordinance shall become effective upon passage and adoption by the City Council and pursuant to City Charter. Resolved by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on this day of , 2004. ATTEST: Susan Stills, City Clerk ROCKY RANDELS, MAYOR Bob Hoog Steve Miller Jim Morgan Rocky Randels Richard Treverton City of Cape Canaveral Ordinance No. 13-2004 Page 63 of 64 FOR AGAINST APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF CAPE CANAVERAL ONLY: Anthony A. Garganese, CITY ATTORNEY G:\Docs\City of Cape Canaveral\Adult Entertainment\Adult_Entertainment _2004.wpd City of Cape Canaveral Ordinance No. 13-2004 Page 64 of 64 EXHIBIT "A" CHAPTER 10. AMUSEMENTS AND ENTERTAINMENTS ARTICLE IV. ADULT ENTERTAINMENT .- 1 . 1 wilds Into KjgI I lam lIMA!A I tool Roman 99joirl ILIAEA RojEll MMAMUIVJI 1.114 MEMO LUJIMWJI K�NAM 10111i mons, .2; K�l - lmEBININROJIMIAmr. at ... ".'MIA ill I I Load NJ; Elrod : - .. 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MLIP .:ni.�i�w Page 26 of 27 Page 27 of 27 CITY OF CAPE CANAVERAL, FLORIDA APPLICATION FOR AN ADULT ENTERTAINMENT ESTABLISHMENT OR SEXUALLY ORIENTED BUSINESS LICENSE LICENSE CLASSIFICATION (check only ONE) ❑ Adult Store ❑ Adult Performance Establishment ❑ Adult Motel ❑ Adult Theater ❑ Commercial Bodily Contact Parlor ❑ Escort Services Only one (1) license may be issued for a location and only under a single classification. SECTION 1. APPLICANT AND SITE INFORMATION ALL APPLICANTS must complete Section 1.A. General Applicant information and Section 1.13 Site/Location Information. 1. A GENERAL APPLICANT INFORMATION Full Legal Name: (Name of person completing application, even if on behalf of entity) Address: (Actual Place of Residence) Mailing Address: (If different from above) Residential Telephone: Date of Birth: M M/D D/YY Last First Middle Number and Street City State Zip Number and Street / Post Office Box Number City State Zip Gender: ❑ Male ❑ Female (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 1 of 11 PROVIDE ONE: Social Security Number Employer's Tax Identification Number PROVIDE ONE: Driver's License Number Federal / State Identification Card Number ALL APPLICANTS MUST ATTACH THE FOLLOWING: ❑ Recent Color Photograph of Applicant in Passport Size ❑ Complete Set of Applicant's Fingerprints SECTION 1.13 SITE / LOCATION INFORMATION Name of Proposed Establishment: Street Address of Proposed Establishment: Hours of Operation: Name of Real Property Owner: Address of Real Property Owner: Telephone of Real Property Owner: M Number and Street City State Zip Name and Street City State Zip THE FOLLOWING MUST BE ATTACHED WHEN COMPLETING SECTION 1.B.: ❑ Notarized Statement Of Consent From The Real Property Owner Authorizing An Adult Entertainment Establishment Or Sexually Oriented Business ❑ Legal Description of Property ❑ Copy of Lease or Deed of Conveyance, whichever is applicable, indicating Applicant's interest in the proposed establishment. (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 2 of 11 SECTION 2. TYPE OF APPLICANT (check ONE only) ❑ INDIVIDUAL (complete Section 2.A. below) ❑ OTHER (complete Section 2.D below) ❑ PARTNERSHIP ❑ CORPORATION (complete Section 2.B below) (complete Section 2.0 below SECTION 2.A. INDIVIDUAL List ALL Aliases: A Copy Of One Of The Following MUST Be Attached As Proof You Are At Least 18 Years Of Age: ❑ Valid Driver's License ❑ State Issued Identification Card ❑ Voter's Registration Card ❑ Certified Copy of Birth Certificate SECTION 2.13 PARTNERSHIP Name of Partnership: Type of Partnership: ❑ General ❑ Limited Name Of At Least ONE (1) Person Authorized To Accept Service of Process Address: (Actual Place of Residence) Number and Street City State Zip Mailing Address: (If different from above) Number and Street / Post Office Box Number City The Following Attachments Are Required: (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 3 of 11 State Zip ❑ Copy of Partnership Agreement (if any) ❑ List of ALL partners, officers and directors including full legal name, residential street address, telephone number, date of birth and gender of EACH ❑ Recent color photograph of EACH officer and director of the partnership. ❑ List of Social Security Number OR Employer's Tax Identification Number of EACH partner, officer and director ❑ List of Driver's License Number OR Federal / State Identification Card Number of EACH officer and director of the partnership. ❑ Complete set of fingerprints of EACH officer and director of the partnership. SECTION 2.C. CORPORATION Complete Corporate Name: Date of Incorporation: Name of Registered Corporate Agent: Mailing Address of Registered Corporate Agent: Number and Street City State Zip The Following Attachments Are Required: ❑ Copy of Articles of Incorporation ❑ Evidence that corporation is in good standing ❑ List of ALL officers and directors including full legal name, residential street address, telephone number, corporate capacity, date of birth and gender of EACH ❑ Recent color photograph of EACH officer and director of the Corporation (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 4 of 11 ❑ List of Social Security Number OR Employer's Tax Identification Number of EACH officer and director of the Corporation ❑ List of Driver's License Number OR Federal / State Identification Card Number of EACH officer and director of the Corporation ❑ Complete set of fingerprints of EACH officer and director of the corporation SECTION 2.D OTHER Complete Name of Entity: Date of Creation: Name Of At Least ONE (1) Person Authorized To Accept Service of Process: Address: (Actual Place of Residence) Mailing Address: (If different from above) Number and Street City State Zip Number and Street / Post Office Box Number City State Zip The following Attachments Are Required: ❑ Copy of legal document(s) creating entity, if any ❑ Evidence that entity is in good standing ❑ List of ALL officers, directors and owners, including full legal name, residential street address, telephone numbers, date of birth and gender of EACH ❑ Recent color photograph of EACH officer and director (Fonn6/2004) City of Cape Canaveral Adult Entertainment License Application Page 5 of 11 ❑ List of Social Security Number OR Employer's Tax Identification Number of EACH officer and director ❑ List of Driver's License Number OR Federal / State Identification Card Number of EACH officer and director ❑ Complete set of fingerprints of EACH officer and director SECTION 3. GENERAL INFORMATION (To be completed by ALL applicants) (a) If the applicant intends to conduct activities in the establishment or business under a name other than the applicant: Establishment / Business Fictitious Name(s): County of Registration (under Florida Statutes §865.09): All Business Names and Telephone Numbers to be Used by the Establishment or Business: (b) Has the applicant or any of the other individuals listed in Section 2.A, 2.B, 2.0 or 2.D of the application been convicted of a specified criminal act within the five (5) year period immediately preceding the date of this application? (The term "specified criminal act" is defined in Section of the City Code) ❑ Yes ❑ No If "YES", list the name of the individual(s), the specified criminal act(s) involved, the date of conviction(s) and the place of conviction(s): (c)(1) Has the applicant or any other individuals listed in Section 2.A, 2.B, 2.0 or2.D of the application had a previous license under the City of Cape Canaveral Adult Entertainment Establishment Ordinance suspended or revoked? ❑ Yes ❑ No (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 6 of 11 If "YES", list the name of the individual(s), the name and location of the establishment(s) and date of suspension(s) or revocation(s): (c)(2) Has the applicant or any other individuals listed in Section 2.A, 2.B, 2.0 or2.D of the application been a partner in a partnership or an officer or director of a corporation, a trustee in a trust, or an officer, director or owner of an entity whose license under the City of Cape Canaveral Adult Entertainment Ordinance was suspended or revoked? ❑ Yes ❑ No If "YES", list the name of the individual(s), the name and location of the establishment(s) and date of suspension(s) or revocation(s): _ (d) Does the applicant or any other individuals listed in Section 2.A, 2.B, 2.0 or 2.D of the application hold any other Adult Entertainment Establishment licenses under the City of Cape Canaveral Adult Entertainment Ordinance? ❑ Yes ❑ No If "YES", state the name(s) and location(s) of other such licensed establishment(s): (e) Has the applicant operated an adult entertainment establishment or sexually oriented business which was declared a public nuisance under state law within the preceding year? ❑ Yes ❑ No If "YES", state the name(s) and location(s) of other such licensed establishment(s) and a copy of any court or administrative order declaring the establishment(s) to be a public nuisance: (f) Has the applicant paid all current and outstanding taxes, fees, fines, and penalties due and owing the City? ❑ Yes ❑ No (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 7 of 11 If "YES", state the taxes, fees, fines, and penalties that are owed and what arrangements will be made to pay them: SECTION 4. OTHER REQUIRED ATTACHMENTS (in addition to the attachments required above, the following are required of ALL Applicants) ❑ Site plan drawn to scale of the proposed premises, including but not limited to: a. All property lines, rights-of-way and the location of buildings, parking areas and spaces, curb cuts and driveways; b. All windows, doors, entrances and exits, fixed structural features, walls, stages, partitions, projection booths, admission booths, adult booths, concession booths, stands, counters and similar structures; C. All proposed improvements or enlargements to be made, which shall be indicated and calculated in terms of percentage of increase in floor size. ❑ Notarized statement that the Applicant has complied with the applicable laws of Florida relating to corporations, partnerships, and fictitious names, as applicable. ❑ $ nonrefundable Application Fee SECTION 5. AFFIDAVIT AND SIGNATURE (To be completed by ALL Applicants) Sec. 10-62. Continuing duty/false or misleading information. (a) Each applicant shall be under a continuing duty and obligation to disclose to the City Manager or his designee any and all changes or alterations in the information or disclosures required by this Article. It is the duty of each applicant to correct changed, false or erroneous information provided in an application. It is unlawful for an applicant to fail to disclose changes in information provided or to fail to correct false or erroneous information given in an application immediately upon the applicant knowing or being in such a position that he or she should have known that the information provided has changed or was false or erroneous when provided. (b) It is unlawful for any person applying for an adult entertainment establishment or sexually oriented business license to make a false or misleading statement or provide false (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 8 of 11 or misleading information which is intended to facilitate the issuance of a license. I hereby swear or affirm that all the information contained in this Application is true and correct. I hereby represent that I have the lawful right and authority to file this Application. I acknowledge and agree that I am under the continuing duties and obligations required by the aforesaid section of the City Code. I understand that submission of this Application initiates a process and does not imply approval by the City of Cape Canaveral. I understand that it is unlawful for any person applying for an adult entertainment license to make a false or misleading statement or provide false or misleading information, which is intended to facilitate the issuance of a license. (INDIVIDUAL) Applicant's Signature: Written/Typed Name: STATE OF FLORIDA ) COUNTY OF ) Date: SWORN TO AN SUBSCRIBED before me this day of , 200_, by ❑ who is personally known to me or ❑ who produced his/her Florida driver's license as identification. (REPRESENTATIVE CAPACITY) Applicant's Signature: Written/Typed Name: As: For: (Title) (Name of Entity) Notary Public Print Name: _ My Commission (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 9 of 11 Expires: Date: STATE OF FLORIDA COUNTY OF SWORN TO AN SUBSCRIBED before me this day of , 200_, by ❑ who is personally known to me or ❑ who produced his/her Florida driver's license as identification. Notary Public Print Name: My Commission Expires: NOTICE: (1) By applying for a license under this Chapter, the Applicant shall be deemed to have consented to the provisions of Section 10-86 et seq., Cape Canaveral Code and to the exercise of their responsibilities under Section 10-86 et seq, Cape Canaveral Code of the City and to the exercise of their responsibilities under Section 1086 et seq, Cape Canaveral Code by departments of the City. (2) The omission, falsification, or incorrectness of any information required for this Application will constitute an incomplete application and the City will return the incomplete Application to the Applicant for completion. (§ 10-64.) (3) Sec. 10-66. Reasons for denial of application of license. The application for a license shall be denied if one (1) or more of the following reasons is found: (a) The application does not comply with the requirements of this Article and statutes expressly made applicable to adult entertainment and sexually oriented businesses such as Section 847.0134, Florida Statutes. (b) The application contains material false information. (c) The applicant or any of the individuals stated in Section 10-61 of this Article has a license under this Article which is under suspension. (d) The applicant or any of the individuals stated in Section 10-61 of this Article is or was at the time of suspension an officer, director or principal stockholder in an (Fonn6/2004) City of Cape Canaveral Adult Entertainment License Application Page 10 of 11 entity who has a license under this Article which is under suspension. (e) The applicant or any of the individuals stated in Section 10-61 of this Article had a license under this Article which had been revoked within the preceding two (2) years, if a first revocation; within the preceding four (4) years if a second revocation; and within a preceding six (6) years if a third revocation. (f) The applicant or any of the individuals stated in Section 10-61 of this Article is or was at the time of revocation an officer, director or principal stockholder in an entity who had a license under this Article which had been revoked within the preceding two (20 years, if a first revocation; within the preceding four (4) years if a second revocation; and within a preceding six (6) years if a third revocation. (g) The applicant has operated an adult entertainment or sexually oriented business determined to be a State law "public nuisance" within the preceding year. (h) The applicant has not timely paid taxes fees, fines, and penalties due and owing the City. (Form6/2004) City of Cape Canaveral Adult Entertainment License Application Page 11 of 11 Meeting Type: Regular Meeting Date: 07-20-04 AGENDA Heading Ordinances — I' Reading Item 7 No. Once this Ordinance is adopted, staff will conduct a public education campaign. AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: ORDINANCE NO. 14-2004; ANNEXATION OF THE AVON -BY -THE -SEA AREA. DEPT./DIVISION: LEGISLATIVE Requested Action: City Council consider at first reading, Ordinance No. 14-2004, the Annexation of the Avon -By -The -Sea area referendum question for the November 2004 ballot. Summary Explanation & Background: The proposed Ordinance provides for the referendum question language for the registered electors of said annexation area and the City of Cape Canaveral to consider. Once this Ordinance is adopted, staff will conduct a public education campaign. The recommended effective date of the Ordinance is October 1, 2005 to coincide with our annual budget and to have a transition period for the residents in the annexation area and to address land use issues. Exhibits Attached: Ordinance No. 14-2004 City age>r-''s'bffice_. - ti Department ORDINANCE NO. 14-2004 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, PROPOSING TO ANNEX REAL PROPERTY GENERALLY LOCATED FROM GRANT AVENUE TO YOUNG AVENUE AND STATE ROAD AlA TO THE ATLANTIC OCEAN, AND OTHERWISE KNOWN AS WINSLOW BEACH AND AVON -BY -THE -SEA AREAS OR THE UNINCORPORATED AREA LYING BETWEEN THE CITIES OF CAPE CANAVERAL AND COCOA BEACH ALL OF WHICH IS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THIS ORDINANCE TO BE SUBMITTED TO A VOTE OF THE REGISTERED ELECTORS OF THE AREA PROPOSED TO BE ANNEXED AND TO A SEPARATE VOTE OF THE REGISTERED ELECTORS OF THE CITY OF CAPE CANAVERAL; PROVIDING FOR THE AMENDMENT OF THE CAPE CANAVERAL CHARTER, ARTICLE I, SECTION 2, TO INCORPORATE THE SUBJECT REAL PROPERTY INTO THE CITY BOUNDARIES IF THE ANNEXATION IS APPROVED BY MAJORITY VOTE OF BOTH SETS OF REGISTERED ELECTORS AT A DULY HELD REFERENDUM; PROVIDING FOR THE FILING OF THE REVISED CAPE CANAVERAL CHARTER WITH THE DEPARTMENT OF STATE UPON SAID APPROVAL; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, SEVERABILITY, AND FOR A CONTINGENT EFFECTIVE DATE. WHEREAS, the City of Cape Canaveral is primarily a residentially developed city encompassing all but a small portion of a housing tract or subdivision known as Avon -By -The -Sea; and WHEREAS, the subject area also includes a commercial corridor along the eastern side of State Road AIA, which under county jurisdiction has resulted in inconsistent land use and zoning requirements with properties across the street and in the City's jurisdiction, creating confusion for residents and guests alike, and diminishing the City's ability to provide a minium quality of life for its citizens; and WHEREAS, the majority of the subject area has developed in a pattern very similar to that of the City of Cape Canaveral; and WHEREAS, annexing the subject real property will square the south boundary of the city, City of Cape Canaveral Ordinance No. 14-2004 Page 1 of 4 provide uniform land use controls along both sides of State Road AIA, and create an identifiable southern gateway feature, and WHEREAS, in the best interest of the public health, safety, and welfare of the citizens of Cape Canaveral, the City Council of the City of Cape Canaveral desires to annex the real property more particularly described below into the municipal boundaries of the City of Cape Canaveral; and WHEREAS, this annexation shall be pursuant to the annexation procedures contained in Section 171.0413, Florida Statutes; and WHEREAS, the City Council has determined that the subject real property meets the criteria in section 171.043, Florida Statutes, in that it is reasonably compact and contiguous with the boundaries of the City of Cape Canaveral and will not create an enclave; and WHEREAS, this annexation is in compliance and consistent with the goals and objectives of the City of Cape Canaveral Comprehensive Plan, Charter, and City Code; and WHEREAS, if this Ordinance becomes effective pursuant to the procedures in Section 171.0413, Florida Statutes, the municipal boundary lines of the City of Cape Canaveral, contained in Cape Canaveral Charter, Article I, Section 2, shall be redefined to include the subject real property. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida as follows: Section 1. Annexation of Real Property. The City Council hereby desires and proposes to annex the area of real property, which is more particularly described on the map attached hereto as Exhibit "A", contingent upon the approval of the registered electors of the area of real property proposed to be annexed and the approval of the registered electors of the City of Cape Canaveral. Approval or disapproval of the annexation shall be put to a vote of said registered electors by referendum duly held as soon as practicable at a special or general election. Exhibit "A" is hereby fully incorporated herein by this reference. Section 2. Referendum Election. The City Council hereby calls a referendum to be conducted in the area of the real property proposed to be annexed by this Ordinance and within the City of Cape Canaveral. The referendum shall be at the expense of the City of Cape Canaveral and held as soon as practicable at a special or general election thereafter. The referendum shall not be held sooner than 30 days following the final adoption of this Ordinance. Section 3. Annexation Ballot Question. Concurrent with the scheduled election stated in Section 2 herein, the following question shall be placed on the ballot for consideration by the registered electors of the area of real property proposed to be annexed by this Ordinance and the registered electors of the City of Cape Canaveral. The question shall follow the placement on the ballot of any candidates running for elected office, if any. The caption and question shall be worded City of Cape Canaveral Ordinance No. 14-2004 Page 2 of 4 substantially as follows: CITY OF CAPE CANAVERAL ANNEXATION WINSLOW BEACH AND PORTION OF AVON -BY -THE -SEA AREAS Shall the City of Cape Canaveral annex the area of real property generally located from Grant Avenue to Young Avenue and State Road A 1 A to the Atlantic Ocean, as that property is legally described in Ordinance 14-2004 of the City of Cape Canaveral, Florida, effective upon approval by a majority vote of the registered electors of that property and by majority vote of the registered electors of the City of Cape Canaveral? ❑ Yes - - For annexation of property described in Ordinance Number 14-2004 of the City of Cape Canaveral, Florida. ❑ No - - Against annexation of property described in Ordinance Number 14-2004 of the City of Cape Canaveral, Florida. Section 4. Coordination with Supervisor of Elections. The City Clerk is hereby authorized and directed to instruct and coordinate with the Supervisor of Elections of Brevard County to include the above-described question on the ballot for the area of real property proposed to be annexed by this Ordinance and on the ballot for the City of Cape Canaveral. Section 5. City Boundaries Redefined; Cape Canaveral Charter Amended. Pursuant to Section 166.031(3), Florida Statutes, and Section 171.091, Florida Statutes, the City of Cape Canaveral Charter, Article I, Section 2, shall hereby be amended to redefine the corporate boundaries of the City of Cape Canaveral to include the area of real property described in Section 1 of this Ordinance, providing the annexation is approved by a majority vote of the registered electors pursuant to the referendums called and conducted pursuant to this Ordinance. The City Clerk shall file the revised Cape Canaveral Charter, Article I, Section 2, with the Department of State within thirty (30) days upon said approval; otherwise, if the annexation is not approved by the either set of registered electors, then the City Clerk shall not file the revision of the Cape Canaveral Charter. Section 6. 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 7. Severability. Should any section or provision of this Ordinance, or any portion hereof, any paragraph, sentence, or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereto as a whole or part thereof to be declared invalid. Section 8. Whereas Recitals. The aforementioned "whereas" recitals are hereby fully incorporated herein by this reference as legislative findings of the City Council of Cape Canaveral. Section 9. Effective Date. This Ordinance shall become effective immediately upon City of Cape Canaveral Ordinance No. 14-2004 Page 3 of 4 adoption by the City Council of the City of Cape Canaveral, Florida, however, the annexation proposed by this Ordinance shall become effective on October 1, 2005 only if the proposed annexation receives approval by a majority vote of the registered electors of the area of real property proposed to be annexed by this Ordinance and a majority vote of the registered electors of the City of Cape Canaveral ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a regular meeting assembled on the day of ATTEST: 2004. ROCKY RANDELS Mayor SUSAN STILLS Bob Hoog City Clerk Steve Miller Jim Morgan Rocky Randels Approved as to legal form and sufficiency Richard Treverton for the City of Cape Canaveral only: Anthony A. Garganese, City Attorney First Reading: _ Second Reading: Effective Date: City of Cape Canaveral Ordinance No. 14-2004 Page 4 of 4 For Against ,.. Y. U��1 �� {§ 4 �yq .'h �y.� :���L,O �v. ���� tl 44 ,"Y� �' 41 h;'�� '�•�; �k xe �-�' P F ,MAR 177,.. ti T scor011a'01 ��� ILL1AM CORWIN = UNIT# = 8 Waded, 69.995 1 N F I N 1 t 1 W12 HOIABiDt.D ITEIvtS/ AD#4=1-T/IVM COASTKIA df Melbourne FURNITURE' y , ;", 811-500-1977 r PRE�DWir�ED OWNER RESERVES THE � � C� Of � Ci Y TA CORD 02e C - atIY05MS'01 ' RIGHT TO BID AND T0. 14 Cam Canaveral, Florida will AG PS 119,91r) Blue, AUWrOMIO. 3pOrt ppupp leafner sUnrOof C► ■�0i FUSE OR REJECT.ANY AND frolo a Public HemnO for the 534,95.311-12�8N0 SEDAN ALL 8108.771E SALE 15 BEMG Purpose a adopting Ordinance 866412-1 - MAGE TO SATISFY AN DVM- Ne. 141001 in the City Heli An ` ` SPeCe COAST H. r W E2'S LIEN.771E Rl&-IC IS IN- iltl� 111 Polk Avenue, .Cape t . J, OYOTA COROLLA auto, ! -N F`) N 1 T t,+ �, ���A� CaneverAb Florida ar .T:oo �7GIow161 ails of Mdbourbi �a�y� �T� 2ND D^v oP P.M., 01, Tuesday, July 20, DV JULY 2M 2004, The ordinance may be in- ED Its 6MIreN In the ; y�. (4N6t ehfyyfllr Sutul4 kdY08 t37U'01 LF SESTORAGE LLC OydC4lderk s bHloe durkW DWI- + ; ' TOYOTA COROLLA LE kw�p�e, IUI11R Mioaf z �„gtAAl 7/13�eW1 ness hours ta36 a.m, fi 500 Loaded CD, AIWYby24z 141ce11 > f23r9fS. sn 71d•p10 ,, .y Ire,1� s P.m., Monday Friday) "**. Seta $11995 xy :,his n NDTIE OI!pUlLiCHEARING ORDINANCE NQ 14.1004 t� Ad JAWAR XJI !1` r '=AN ORDINANCE OF. THE i �jI8ht alUe mint Sentl ,pl. _ , 1ha Clly of CITY' COUNCIL OF THE - g gVofiC"18'04t 321-W45Z-11�l1 M � .�� Cape Canaveral, Florida WIII CITY OF CAPE CANAVER Bi fOfrlflhMEN r., hold a`PuBIW H6anntl for the a4 FLORIDA, PROPOSING / --nolo, A/C, loaded f1Z995 Jaguar X•TYPe'0130K suM l►liYlriE{/i'r `� purpose M edoWkm OMaxxKe � TO ANNEX REAL PROP- k COAST K b r0p( Iealtlar f3), WOOtIOra(M No. 14-10W in the City Hall An- - ERTY GENERALLY LO- 321_dIW-l�Ti Will power,1 9'" - , no* 111 Polk Avenue, tape CAT p FROM GRANT _J.,r,.,. aar� Canaveral, Florida 'at 7:00 AVE UE TO YOUNG: Ave- S TOYOTA CORPp{{,, 00 LL��,, - BM0Y 01rrr`JC JET ��ILI,.B V, PM, M-Tuesday July 20 NUB AND STATE ROAD 13W C1 LOOded, CerJHledl 888-716-1651 ■p 2004 Tbegr`tllnanrt may be in• AIA TO THE ATLANTIC $13,995 JAGUAR X-TYPE W AES,.. Y' ' • #' �� R sew n' � �reN In. tM OCEAN AND OTHERWISE {. s>) VYiddWtr�d AG 1.R. 4D CD, Blue, qty Cle'{otlke aurtng buil -KNOWN' AS WINSLOV7 ' 311 755 AIIW =WhKtdB43 mla P5.Iksf hours (82 an^ ro.S00 -BEACH AND AVON-BY- M",, fir... PW,,A 624,995 Pm.MawaV-F(WaY1. THE-SEA AREAS OR THE 5 OTA CAMPY 97,'4 CA, � ORDINANCE NO. 1144664 - UNINCORPORATED :AREA AG FWDr All PMtM pyy �j fbflA MHlUWShr r , r -AN ORMANCE OP THE !LYING BETWEEN THE , ° z PL, Only 85K Miles fb {'SD '� CITY COUNG4 OF THE CITIESS OF CAPE CA- £ d (,; 673-0113 3 ` LEXUS t,54pp 1992 (a j�{� CRY OF CAPE CANAVER- NAVENAL AND COCOA i ;PIIIWf AVW Low MU L k) enowl Cold {i2/RIE AL, FLORIDA PROPOSING " BEACH ALL OF WHICH IS TOYOTA SOLARA"00, ABS, • A1rl Must Seel (r,EE. q�� ' e TO ANNEX REAL PROP­ MORE PARTICULARLY r Ca11121-9564299.' el ERTY GENERALLY LO- DESCRIBED IN `EXHIBIT d X62 A.1 5E , CD, Bledr, AIIW CATED FROM GRANT A'r PROVIDING FOR THIS sA Whee1S,Low MIkS f0 5 LIS L5400 93 AVENUE TO YOUNG AVE- ORDINANCE TO BE SUB- 817-8N-3/ ] , - White, VB, A/C auto., cif2003 ,NUE AND STATE ROAD NUTTED TO A VOTE OF i t Cir Depot pOWer, 'sunroof $6,990. �a1 /a AIA TO THE ATLANTIC THE' REGISTERED , Toyota Tereall 196 Light (3277951-8226 ar 960-5717 NB��MtIBISNI OCEAN, AND OTHERWISE ELECTORS OF THE AREA blue,. 2dr., lea told A/G LEXUS RX 30001, Leather, , KNOWN AS WINSLOW PROPOSED TO OR AN D ti eufo; good MPG under CO. Mwonroof; W' Beautiful -y BEACH AND AVON-BY- HEXED AND TOA SEPA- IEx - THE-SEA AREAS OR THE .RATE VOTE OF THE REG 113km1 $2,504168-{339. Sale 524,995 BALANTS `. ' XI .,116,_ 'UNINCORPORATED AREA RATE D ELECTORS OF 0 VW JE 61, ABS, AG GL5 AubMax WMUMI�Rd LYING BETWEEN .THE THE CITY OF CAPE CA- Alloy Turbo Sedan 4D, Green. CITIES -0F CAPE CA- NAVERALt PROVIDING - Wheels„22b9/ mf«.P PW 321"` • t ,NAVERAL AND COCOA FOR THE AMENDMENT $14,995 71 MAZOA 616 00 LX, 44k. -BEACH ALL OF WHICH If OF THE CAPE _CANAVER- a XI Mgrrlti is 8nd MHSUWSN tulles, Loaded, CD :.AUtOd. • MORE PARTICULARLY AL CHARTER, ARTICLE I, Warranyl 's • :.' �. �. '-DESCRIBED INEXHIBIT SECTION 2, TO INCORPO- PUBLIC AUCTION Tobe ��a�1,1,,, 'A•1 PROVIDING FOR THIS RATE THE SUBJECT REAL held at 606 Oleepder DL, AUMW aR,NwlnRd ' ORDINANCE TO BE SUB- `PROPERTY INTO THE McRlit Isl loam 07/16/64, 811-255-9000 " .. MITTEO TO A, VOTE OF CITY 0 NDARIES 1F THE T' MAZDA 61f OOf LX, Loaded, T H E. REG 1 S T E R E D ANNEXATION ISAPPROV- ' i FABP21i93CK19�1i1. 3 6104(8' - ' ELECTORS OF THE AREA ED 6Y MAJORITY VOTE 1 ; PROPOSED TO BE AN- OF BOTH BETS OF REGIS- In PUBLI SAUCTION-TO be �,s,St9'c - NEXED°ANb TOA SEPA- TERED ELECTORS AT A a s' Cocoa lOOr(yCfoR16/a AYlwe u¢W��ilRilr ', ZNRATE VOTE OF THE REG :DULY HELD REFEREN- �a '84 DabU0, lOn oft. Y ISTEREWyELECTORS- OF �DU M7 PROVIDING FOR MAZDA 626 99, CD AG EeS THE;UTY OF CAPE CA- THEFILING OF THE RE- '•1„ JNIHZI650EX01�212 Sedan' 4D, Bletfl, P5. PW NAVERALr PROVIDING - YISED CAPE CANAVERAL 90FOrd Waaon A111an40 W5 MITSUBISHI s R',THE AMENDMENT COARTERWITHTHEDE- ,'r`?a , IFMCAl1U9LZA63580 OW.,173g 14� £ + OP TY1E CAPE tANI(VER pARTMENT OP STATE n xv 94 Hom1a WegOfl 3 }pyp Mon Auto "�) d -AL CHARTER. ARTICLEI UPON SAID APPROVALI a 456CG50V2R4405954 t# II: /SECTION 2, TO INCORPO• PROVIDING FOR REPEAL !' 86 Dodge: 4dr: �'- )< MAZDA MIATA •i Oi pia ,iii �,w RATE.THESUBJECTREAL -'OF. ,PRIOR INCONSISTENT 163BZd8C4GD199S80 si - huto Laotian 361 Jfi is f lx 'Y PROPERTY ;INTO THE ,ORDINANCES AND RE50. Hartland soft tap! # ” CITY BOUNDARIES IF-THE LUTIONS, SEVERABILITY, sr4 Only 51995 All heya �` ,,,_i ANNEXATION IS APPROV AND FOR A CONTINGENT z FT` 98'HWrufaISenate, Ford ti; r� 'TOIINy,�101k1 i21RU +^� ,aA t♦: OFBOTM OF REGIS- EBF aTYOOFC H•; 96 Sunbird 2dr 55pd Sir �s F K�'°TERED ELECTORS A A CANAVERAL ANNEXATION 96 BUC8i Centuryn7µtP's MAZDA MIATA'. MX-5 91 sS.� .l • 3 �L HELG REFER WINSLOW BEACH AND 95 CnaVYLuminarAdh 3t Comrel'Nblb 20F BI OBBr • i 'II DUMff PROVIDING, FOR PORTION OF AVON-BY- "P Splen McIwBU AGS C�IOV' y . #. , 'FS DOdbe AVMlOarr %� WheBlsr All poWlr 11,9,9 qHE PILING OF THE RE THE-SEA AREAS i 194 Cavallel' We00'il, MJrd .164111 1121 7- =; �" VISED.CAPE CANAVERAL Shall the City of Cafe Conover- K !97.Grand Prix SE,$dr ,� ' ":' tont llontla a,�B,CHARiER WON THE DE of annex the area of reel prop- . 93 MustaM 2ttrlUte `"s "PARTMENT OF =STATE only generally kx:and from 93 Crown Vletor18, 4dr MAZDA PROTEGE 98, CD,' ',-,,UPON -, SAID, APPROVAL; Gram Avenue ro Young Ave- > , 192 Grantl Marduts 4dr AC, OX SWISS 4W Beta .Psi . e } . PROVIDING FOR REPEAL nue and State Rued AIA to the '92 Olds CutlasL 4th ; Speed Manual ' OF PRIOR INCONSISTENT Atlantic an, as that proper- is '97 Wtl I Pidt-Up, V0 �. - = 177.28M9738 , , ,ORDINANCES ANO RESP y is Woolly desct In OM1- ; AYE BUY "Sew More Autos g24-vrrvrm�rA�z - LUTKJNS, 56VERABILITY, nonce lel-1001 til tlfe City of yt 1207 N. USI, Cocoa MetCedes 7SOSL RdadStet . , 'AND FOR A CONTINCIENT Cape Canaveral, Florida, af- '�� THE CAR PLACE 455.1600 81 needs .some work EFFECTIVE DATE tecitye upon apprgVei by a 57550 BOnHate HIM . -CITY OF CAPE CANAVFR- Mal orHY vota of the registered u,s+ 97 Grand Marquis, Gold, �" INFINITY J30 94. 60,000 AL ANNEXATION - _- electors of that property and by landau top A/C 61K ..$6300 321-4524191 ML all POWtrr, leather, '-,WINSLOW BEACH- AND malorhy vote of the reoIsroretl sS� 01 Accent Silver: nolo, MERCEDESI BENZ 240 CO. Impeccable, iwry 'PORTroN OF AVON•BY- eectorsoftheCNof,t:apeCa- alr;2drSBK ..f4660 Diesel, 80, 139K original Axlge. $6,500 719-8136. THE-SEA AREAS naverell ' s 96 Maxima SIIVBG V6 mi., cold air, alt recortl5, , Shalllbe Cly a Ca(e C8- 9 -Yes —Far aruxxallon of auto A/C 109K.,,�:w SSSOU 54760/080 (311) 917-4146 Leku4 G530D'99 navere1 annex the area of property described 'in Ora- t 96 SBhIrM 4dr, Auto, A/C; Silver, 118K miles.Tint real property generally lo- narrx Number 14-1000 of the �,? wine, 93K elloy5:, $4200 Mercedes B ftZ 300SD A/C SrppooSer Good txlrx cahW trap Grant Avenue ro CIH of Gave Ceneverel, Flort- s 00 CABG OT, Blue, aU10i turbo dbsel 81, ei(callent $16,000.1321) 733-3723- Yamg' Avenue and State da 1. I•r AIG CD 112K,..:+ ....18200 = medhanlcalfrecord� s1900`•Road AlA the AHantk 9-No-•Agaimt arxxxaHerl- �.x — :serious lrpulrks 784=47'.0 Marade[ 13lrlx 0120, ''96 --Ocean,: as t Property is property -described in OMI- ' Mo edi -_ ea 4-dr2 pow ,`legally described in: OM- nonce Number 142004 of the # - p ; 4+ 2���ryr�ryP �ynp MERCEDES BENZ 1320 er,ec, sunroof leather- Hance 1d-1004 of the City of qty al Cape Canavere, Flori- ' Sts . fsZJ ID1iVAl AU1�J 1003, Silver/blade learner, blade,$14K. 3217tir23912; Cepa Caneverel: Florida, M- da. r 9 .r : 12K MI. - EXceoeht COndJ tedive"won PMva1.DV a Pursuant to Secf[on 286.1015, 331,900. (1111) 837 1177 - �rmaildrtiy vote rte regAier- FWrtda Statutes, the CIN he t s tt '' etl'eleeton of that Property by advises the Public that, H a MERCEDES'.. C-CLASS 00, 920 AUTO i person decides to aprxaI any } w�lr`„ ACURA MTEGRA es 00,. ABS,'A G7505adan lD CD, av(.,�.,��� < and melaml'voM W the t," Automatic, Air Lrether Sliver, WheNss14 O00 Ab1U1'.J t� reolakred sodas of 1be tecHlan made by Ina Cly S- q^ar� , POWOP WIndovrs�D f70,9BB� _ 6 5014 '. Cay ofCep6 Canaveral? Council Ht, rasped ro env 808-277=0588 '`° � foremen Motor VYes "-For annexation of matter considered. at this s' Jimmie Vidian Jeep - Bothe Grand Caravan' 90 .property described In Ordl- meeting, that Pusan will need 4 ; J 7 Sell ng for parts New tense Number 142004 of the a record Of the PrOc-Odings, ACURA INTEGRA O0, Load- ATK enBiner aJrernatOr City of Cafe: Canaveral, and for such purpose that Fer- 1 ea 4D, Roof, sokr5.161.996 i N F.1 N 1 T `I q c ampressor arc good "Florida, son might need to ensure that a ' Autwax Wick wRd , , gf Melbourne ' ,: Bad 5500/all Call ,3 1- 'n. 9 No AOalmf annexation verbatim toroth of the Pro- t 321-255-9000 72S,9318 - of 0MP6rIV described In Or Ceed riga IS made, Which re- BMW 3 SERIES 00 ABS, AG MercedOf 5420 195 tow miles Jap WrBn�ar rlpb :Dow dinaCity nce Number 144001 of Cord Indudes the bsflmony �., BM 3 S 1S S, leather, sUnrdof $13 995 Set Fits - 87 '95 Almond me of Cape averal, and. evtaerros upon wtdch the 1 P ' 321110•IND color NeW In boz }200. Florkla appealNtabe based: �. Allov Wile! s, 3rJ467 IBI.r,P pWsuaM to Sedtal 2061015, This notice does not'tonstitute PW $24,995 , -MERCEDES `SLdLA55 91 Cell (321) 504 8835 , Florida Statutes, the CIN here- caisent by the City for the in- r 81-451-1991 SL500 Roadster .20 WHIte by..lows fix PWxic Met, If a AV udton or ad,ntssWn Into MemHt Wand MINUbhhl AulomaH4 ABS �G CD RIMS/NUtlS '(4) ' Most pg, perms des to apaeH anv avbence of otterlNsa Inennds- 6 - .+ PW, AIWy eels PS M w/Used IOW Profile decision, made by tie CHY sible or Irrelewm evklence, x BM 3' SERIES 00, AAnAG ,Nf-112 1120 f7r@$, fH 4 lug Cars , sell Courtrll with respect to any nor does it twlhOrne challenges ./ . .T 3231 Sedan 40, CO, Me alik " SINKe CAasf Hgnda $175. TIIUSVOle. 164-6856 matter considered at `Ihls of Is Hol ofh6rwNtr allow- ; Bronze Mist, Alloy Wheels,. meStine, that. person WIII reed ad by law. Perwm: with dice- ' ax 39000 mi, $23,995 MPTSUBISRI. DIAMANT11 07, SU9Sr (2)- BlIZOeka )Y , in "a r=d of the prot#WIneS, Walk, IRedltlg � aselstance to e1 r^` 321-452-1991 LS, learner, sunroof 516.995. box, W/ -Bazooka 700 W. and for such Wrposa Met per- PBrlldPete in em of Hxse Mo- , frlerriH lsbntl Mill am 166-351 -SMT Amp, pwe5ome! Like son might need to ensure that s ceedings. should antact Ills Gator Chrysbr SUZtIW Nsnvl S37s (3111977 9032 Hm resod d the pro • City Clerk's oHial 1868-122114a 7` r MITSUBISHI DIAMANTE 97 TIRESI', (d) MIC hello teedblgs is made, WNch'M hours In advanc6 of. the meet- t t �1 N F I N 8 T 1 AG L5 Luxury sedan 4D P175Rn7 Por SUVs, w/ uta Includes the testIMOrl loo of Melbourne CO Green -AIIW WheeiS 10K MI 5200/Set :Cell and evidence upon which the Susan Stills, t 89550 ml P�, PW $I 995 (311f751 X1152. Mvlirtei:' appeal H to be based This 110- 12 o- CMC CHvClerk - T - 7, Bp4w god ro-spdos i g. 121 s511�i nu does not �muteconsent ��yy P MrarlN Wind MBsubiYdr Tool Bax Diamond 'Flab, trft lis11Vy for she inlroductlan - " {- �+ s f3399SIl191K2/•INO MfTSUBISHI' ECWPSE 00 excellent sand., w/2 lacks, sbn ado evklence a $ ' i+ ,BMW 7 SERIES 00 ABS, AG ABS, ACS GT COUpe 2D, CD Bb full Size truck. 5750. otherwise Inedminor does It ssWle m irtei- CLASSIFIED =�4 3711 Soden 4D, Metalik SINer NIoY yyh��, 466/! Call1321)722-9039 `, I challenges or eDpeaIs - - f Misr, nim Wixels, MI.'ds pw $1 995 not otherwke a0oyrcd'M taw. YOUR SOURCE t 39000 ml. 623,996 317 4s119n TObLBOX Parsam With tHsollit a ne6d- ; 911.452-1991 : MerrHl Isbntl MHsubNtd_ - Fits smaller truck, f50 Ina assistance to partttlPaie In - (^ORA ` Z MerrBl island MBsublshl MITSUBISHI - ECLIPSE 01 Call (321) 254-394S, enYU a these PCiyeCdinps V WILSLGOFTO WORK AIIoyGWUUPe txels 14Dt�Ob�inl� THIRD ROW SEAT B7 OfiOaW(86A 1311ed, conlaci the� touA In � ICK JAL (t O YOU[ PW, Aulanatkf13,995 DODGE Grand Caravan advai"011Memeding •5555 S. T a to Find Cash Su 911 451-1991 like new, never, use ?user CtyCt 4rd FOr Your Unused Items, ' 9AerMlt Island MHtUbishl $150, UIf321-9541911.' Meeting Type: Regular Meeting Date: 07-20-04 AGENDA Heading DISCUSSION Item g No. The proposed school impact fees are as follows: AGENDA REPORT CITY COUNCIL OF THE CITY OF CAPE CANAVERAL SUBJECT: PROPOSED BREVARD COUNTY EDUCATIONAL FACILITIES IMPACT FEE ORDINANCE DEPT./DIVISION: LEGISLATIVE Requested Action: City Council review and comment on the Educational Facilities Impact Ordinance being proposed by Brevard County. Summary Explanation & Background: The Brevard County Commission will hold a public hearing on 07-27-04 on this proposed Ordinance, and would the City Council want to send a letter commenting on this Ordinance? The proposed school impact fees are as follows: Single Family Detached -$4,445.40 Attached Residential -$2,794.25 Manufactured or Mobile Home -$2,667.24 Exhibits Attached: Brevard County Letter dated 07-13-04 and Proposed Ordinance City Manager's Wice /`' Department BREVAR4:3 "n BOARD OF COUNTY COMMISSIONERS FLORIDA'S SPACE COAST Brevard County Planning and Zoning Office Telephone (321) 633-2069 2725 Judge Fran Jamieson Way Fax (321) 633-2074 Viera, Florida 32940 TO: Each Municipality FROM: Stephen M. Swanke, AICP, Planner III Brevard County Planning & Zoning Office DATE: July 13, 2004 SUBJECT: Educational Facilities Impact Fee Ordinance VIA FACSIMILE I have attached a draft copy of the proposed Educational Facilities Impact Fee Ordinance for your information. This proposed ordinance will be considered in a public hearing before the Brevard County Local Planning Agency on July 19, 2004 beginning at 4:00 p.m. in the Commission Chambers at the Brevard County Government Center in Viera. The Board of County Commissioners is scheduled to consider this ordinance in a public hearing scheduled for July 27, 2004 beginning at 9:00 a.m. in the Commission Chambers. The Brevard County Building Construction Advisory Committee will review the proposed ordinance at its regular meeting on July 14, 2004 beginning at 2:00 p.m. in the Space Coast Room on the second floor of Building C at the Brevard County Government Center in Viera. All of these meetings will be open to the public and you are invited to attend these meetings and offer comments on the ordinance. You may also submit written comments to my attention and I will forward them to the Board of County Commissioners as a part of the public hearing materials for the July 27`h meeting. If you have any questions concerning this matter, please contact me. ORDINANCE # 04 - AN ORDINANCE AMENDING CHAPTER 62, "LAND DEVELOPMENT REGULATIONS", CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA; AMENDING ARTICLE V "IMPACT FEES"; ESTABLISHING AN EDUCATIONAL FACILITIES IMPACT FEE FOR PUBLIC ELEMENTARY AND SECONDARY EDUCATIONAL FACILITIES, INCLUDING MIDDLE SCHOOLS; CREATING DIVISION 7 "EDUCATIONAL FACILITIES" TO INCLUDE NEW SECTIONS 62-921 THROUGH 62-935; PROVIDING FOR A SHORT TITLE; STATUTORY AUTHORITY; APPLICABILITY; INTENT AND PURPOSE; FINDINGS; RULES OF CONSTRUCTION; DEFINITIONS; IMPOSITION, COMPUTATION AND PAYMENT OF THE EDUCATIONAL FACILTIES IMPACT FEE; ESTABLISHING IMPACT FEE DISTRICTS AND TRUST FUNDS; PROVIDING FOR USE OF FUNDS AND REFUNDS OF FEES PAID; ESTABLISHING EXEMPTIONS, CREDITS AND INCENTIVES; PROVIDING FOR REVIEW; ESTABLISHING PENALTIES AND ADDITIONAL REMEDIES; PROVIDING FOR LEGAL STATUS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AREA EMBRACED; PROVIDING FOR CONFLICTING PROVISIONS; AND PROVIDING AN EFFECTIVE DATE.. WHEREAS, the Brevard County Comprehensive Plan establishes the objective of providing essential public services and facilities that are effective, efficient, and adequate to meet the needs of the projected population and that support and reinforce the growth management and land development guidelines; and WHEREAS, the Brevard County Comprehensive Plan establishes the guideline that new development provide the essential services needed by the new development either through actual construction of the applicable facilities or through specific revenue producing mechanisms; and WHEREAS, the Brevard County Comprehensive Plan states that the imposition of impact fees is one of the land use regulatory devices that assures that new development will help finance additional facilities required as a result of the new development to provide a minimum level of capital facilities; and WHEREAS, the Florida Legislature, through the enactment of Section 163.3202(3), Florida Statutes, has sought to encourage local governments to enact impact fees as land development regulations; and Page 1 of 14 WHEREAS, the Board of County Commissioners of Brevard County, Florida has authorized an independent study to analyze the fiscal impacts of development activity on the public primary and secondary educational system; and WHEREAS, the Board of County Commissioners of Brevard County, Florida received this independent study in February of 2004; and WHEREAS, this independent study calculated the maximum impact fees that could be imposed for educational facilities based on currently available data and analysis; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA: Section 1. Article V of Chapter 62 of the Code of Ordinances of Brevard County, Florida is hereby amended by creating a new Division 7 to read as follows: DIVISION 7. EDUCATIONAL FACILITIES Sec. 62-921. Short title; statutory authority; applicability. (a) This division shall be known and may be cited as the Brevard County Educational Facilities Impact Fee Ordinance. (b) The Board of County Commissioners has the authority to adopt this division pursuant to Fla. Const. art. VIII and F.S. chs. 125 and 163. (c) The provisions of this division and the educational facilities impact fees established herein shall apply in both the unincorporated area of the county and to the incorporated areas of the county. Sec. 62-922. Intent and purpose. (a) This division is intended to implement and be consistent with the Brevard County Comprehensive Plan, as amended from time to time. (b) The purpose of this division is to regulate the use and development of land so as to ensure that new residential development bears a proportionate share of the cost of the capital expenditures necessary to provide public elementary and secondary school facilities necessitated by that new residential growth in the county. Page 2 of 14 Sec. 62-923. Findings. Based on information provided by the School Board, the Board of County Commissioners makes the following findings and determinations: (1) Under established levels of service for educational facilities, the existing educational infrastructure is not adequate to accommodate students anticipated to reside in the county as a result of new residential development. (2) Existing revenue sources available for the construction of additional educational facilities are not sufficient to fund construction of the educational facilities necessary to accommodate the students anticipated to reside in new development. (3) New development should contribute its fair share of the costs of providing new educational facilities necessary to accommodate the students anticipated to reside in new development. (4) Impact fees provide a reasonable method of regulating new development in the county to ensure that such new development pays its fair share of the capital costs of governmental services and facilities necessary to accommodate the new development. (5) The impact fees set forth in this division are not established at a rate to correct existing deficiencies. (6) The impact fees set forth in this division establish a fair and conservative method of assessing new development its fair share costs. (7) The impact fees will not fully pay for the costs of educational facilities necessitated by new development, and the School Board and Board of County Commissioners recognize that the shortfall will have to come from other revenue sources. (8) The educational facilities impact fee benefit districts established in this division ensure that capital improvements to the educational system will benefit the development located within each district. (9) The Board finds that residential communities where restrictions limiting the age of residents to 55 years of age and older have been legally recognized as having little or no impact on educational facilities and that, consequently, an educational facilities impact fee exemption should be established for such facilities. (10) The Board finds that an educational facilities impact fee exemption for low income and very low income families under specific circumstances will implement the goal of providing affordable housing for low and very -low income homebuyers, as set forth in following criteria contained in policy 1.1 of the Housing Element in the Brevard County Comprehensive Plan: D. Ensure that homes purchased by low and very -low income homebuyers are brought up to Section 8 Housing Quality Standards or higher. Page 3 of 14 E. Encourage mortgage lenders to invest mortgage dollars in housing for low and very - low income families. F. Encourage mortgage lenders to investigate and utilize existing programs, such as Fannie Mae, for low income homebuyers. Sec. 62-924. Rules of construction. (a) The provisions of this division shall be liberally construed so as to effectively carry out its purpose in the interest of the public health, safety and welfare. (b) For the purposes of administration and enforcement of this division, unless otherwise stated in this division, the following rules of construction shall apply to the text of this division: (1) In case of any difference of meaning or implication between the text of this division and any caption, illustration, summary table or illustrative table, the text shall control. (2) The term "shall" is always mandatory and not discretionary; the term "may" is permissive. (3) Words used in the present tense shall include the future; and words in the singular number shall include the plural, and the plural the singular, unless the context clearly indicates the contrary. (4) The term —used for" includes the term "arranged for, "designed for, maintained for' or occupied for." (5) The term "person" person" includes an individual, a corporation, a partnership, an incorporated association or any other similar legal entity. (6) Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunction "and," "or" or "either ... or," the conjunction shall be interpreted as follows: a. The term "and" and" indicates that all the connected terms, conditions, provisions or events shall apply. b. The term "or' indicates that the connected items, conditions, provisions or events may apply singularly or in any combination. c. The term "either ... or" indicates that the connected items, conditions, provisions or events shall apply singularly but not in combination. (7) The term "includes" shall not limit a term to the specific example, but is intended to extend its meaning to all other instances or circumstances of like kind or character. (8) The term "county manager" means the county manager or the county officials he or she may designate to carry out the administration of this division. Page 4 of 14 (9) The land use types listed in § 62-929 shall have the same meaning as under article VI of this chapter. Sec. 62-925. Definitions. As used in this division, the following words shall have the following meanings, unless some other meaning is plainly intended: Area Median Income means the median family income in Brevard County, Florida, adjusted for family size, as published by the U.S. Department of Housing and Urban Development annually. Attached Residential Dwelling includes "Single-family Attached Residential", "Duplex" and "Dwelling, multi -family" as defined in § 62-1102 of the Brevard County Code of Ordinances, provided, however, that for the purposes of this ordinance residential social service facilities, adult congregate living facilities, retirement homes, nursing homes, and other structures operated by a social service organization to provide residential care to children, the aged, the destitute, and the physically, mentally and/or emotionally challenged s4A, for the purposes of this ordinance, shall not be considered to be attached residential dwellings. For the purposes of this ordinance, attached residential dwelling units shall include any addition or alteration to an existing structure that creates aid one or more additional non-exempt dwelling units. Building Official means the person designated as such by Brevard County or by any municipality within Brevard County. Building permit means a permit for the construction of a residential building or for the installation of a mobile home that has been issued by the building official. Capital improvement includes land acquisition, architecture and engineering services, site improvements, construction of buildings, acquisition of educational furnishings and equipment, and school buses, but excludes maintenance and operation of such improvements. Certificate of Completion means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code but for which a certificate of occupancy is not required. Certificate of Occupancy means a certificate issued by the building official after the final inspection has verified that the construction has been completed in accordance with the requirements of the building code. Eligible educational facilities and capital improvements means those educational facilities or related capital improvements that are necessitated by new growth and development in the benefit district or county and that are (1) under the jurisdiction of the School Board or (2) owned or leased by the School Board. Fee Payer means a person commencing a residential development activity by applying for a building permit or a permit for installation of a mobile home. Page 5 of 14 Manufactured Home shall have the same meaning as "Manufactured Home" in Chapter 320.01(2)(b), Florida Statutes (2003) which reads: "Manufactured Home" means a mobile home fabricated on or after June 15, 1976, in an offsite manufacturing facility for installation or assembly at the building site, with each section bearing a seal certifying that it is built in compliance with the federal Manufactured Home Construction and Safety Standard Act. Mobile Home shall have the same meaning as "Mobile Home" in § 62-1102 of the Brevard County Code of Ordinances. New Single Family Detached Dwelling includes new "Dwelling, Single-family" and "Modular Factory - built Home" as defined in § 62-1102 of the Brevard County Code of Ordinances, provided, however, that for the purposes of this ordinance residential social service facilities, adult congregate living facilities, retirement homes, nursing homes, and other structures operated by a social service organization to provide residential care to children, the aged, the destitute, and the physically, mentally and/or emotionally challenged shall, for the purposes of this ordinance, shall not be considered to be new single family residences.. For the purposes of this ordinance, new single family detached residential dwelling units shall include any addition or alteration to an existing structure that creates and one or more additional non-exempt dwelling units. Permanent as used to modify the term "resident" or "basis" means a period of at least six months and one day in any year. School Board means the District School Board of Brevard County, Florida or any entity created by that Board for the purposes of owning or leasing educational facilities or capital improvements. Tentative District Educational Facilities Plan shall have the same meaning as "Tentative District Educational Facilities Plan" in Chapter 1013.35(1) (c), Florida Statutes (2003), as amended from time to time, which reads as follows: "Tentative District Educational Facilities Plan" means the comprehensive planning document prepared annually by the district school board and submitted to the Office of Educational Facilities and SMART Schools Clearinghouse and the affected general-purpose local governments. Sec. 62-926. Imposition of Educational Facilities Impact Fee. (a) Any person who applies for a building permit for a new single family detached residence, attached residential dwelling, manufactured home or mobile home after the effective date of this ordinance shall be required to pay an educational facilities impact fee in the manner and amount set forth in this division. (b) Unless a municipality has entered into an interlocal agreement with the County obligating the municipality to require the person applying for a municipal building permit to obtain educational facilities impact fee proof of payment receipt from the County prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, no building permit shall be issued for a new single family detached residence, new attached residential dwelling, manufactured home or mobile home unless and until the school facilities impact fee required by this Page 6 of 14 section has been assessed and a notice of assessment, in a recordable form containing the legal description and name and address of the owner, has been signed by the owner of the property for which a building permit is sought. Unless the educational facilities impact fee is paid at or before the time the building permit is issued, the notice of assessment may be recorded in the official records of Brevard County, Florida at the expense of the fee payer, as notice that the obligation to pay the assessment runs with the land in accordance with section 62-928 below. Upon recording, the notice of assessment shall constitute a lien on the property. Payment of the educational facilities impact fee shall be as specified in § 62-928 and if a notice of assessment has been previously recorded, upon payment of the educational facilities impact a satisfaction of assessment will be recorded in the official records of Brevard County, Florida at the expense of the fee payer. (c) Unless a municipality has entered into an interlocal agreement with the County obligating the municipality to require the person applying for a municipal building permit to obtain educational facilities impact fee proof of payment receipt from the County prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, a municipality accepting a building permit application shall be responsible for 11 providing a properly executed notice of assessment form signed by the property owner; 2] collecting the recording fees and fees for filing a satisfaction; and 31 requiring that the notice of assessment and fees are delivered to the county prior to issuing a building permit. If the county is unable to record a lien; a municipality shall be responsible for paying the educational impact fee for any property where that municipality has failed to obtain or transmit the notice of assessment and recording fees and, as a result of those actions, has caused the County to be unable to collect the educational facilities impact fee that would have otherwise been payable for that property. (d) Unless a municipality has entered into an interlocal agreement with the County obligating the municipality to require the person applying for a municipal building permit to obtain educational facilities impact fee proof of payment receipt from the County prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, every city accepting a building permit application shall be responsible for collecting and transmitting to the county all documentation necessary to establish an exemption from the required payment of an educational fee in accordance with the provisions of this ordinance. (e) Unless a municipality has entered into an interlocal agreement with the County obligating the municipality to require the person applying for a municipal building permit to obtain educational facilities impact fee proof of payment receipt from the County prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, every municipality shall provide the County with a report on or before the fifteenth day of each month that identifies all building permits issued by the municipality for new single family detached residences, new attached residential dwellings, manufactured homes or mobile homes during the preceding month. Page 7 of 14 Sec. 62-927. Computation. (a) The amount of the fee imposed by this division shall be determined by the following fee schedule unless the fee payer provides an impact fee study in accordance with subparagraph (b) below: SCHEDULE OF EDUCATIONAL FACILITIES IMPACT FEES Land Use Type Impact Fee for Each Separate Dwelling Unit Single Family Detached Dwelling $4,445.40 Attached Residential Dwelling $2,794.25 Manufactured Home or Mobile Home $2,667.24 If the type of residential development activity for which a building permit is applied for is not specified on the fee schedule set out in this subsection, the county manager shall use the fee applicable to the most nearly comparable type of land use on the fee schedule. (b) If a fee payer opts not to have the impact fees determined according to subsection (a) of this section, then the fee payer shall prepare and submit to the county manager an independent fee calculation study for the residential development activity for which a building permit is sought. The independent fee calculation study shall follow the prescribed methodologies and formats for such a study established by the county manager. The prescribed methodologies and formats established by the county manager for independent fee calculation studies shall ensure that the calculation of student generation rates and/or educational impacts is representative of a statistically significant percentage of similar residential types found in Brevard County. If the county manager concludes that the independent fee calculation study submitted by the fee payer represents an accurate calculation of the fiscal impacts of the new residential development activity, then the educational facilities impact fee may be adjusted accordingly for the fee payer's property. Sec. 62-928. Payment. (a) Any person receiving a building permit for which an educational facilities impact fee has been assessed shall pay the assessed fee to the Board of County Commissioners prior to the issuance of a certificate of occupancy for the permitted residential building or, in the case of a mobile home, prior to the issuance of a certificate of completion or other document evidencing completion. Neither Brevard County nor any municipality in Brevard County shall issue either a certificate of occupancy for a residential building or a certificate of completion for a mobile home installation until all assessed educational facilities impact fees have been paid. The obligation to pay the fee shall run with the land. A municipality may require payment of the educational facilities impact fee at any point prior to the issuance of a certificate of occupancy or, in the case of a mobile home, prior to the issuance of a certificate of completion. (b) All funds collected shall be properly identified by educational facilities impact fee district; promptly transferred for deposit in the appropriate Educational Facilities Impact Fee Trust Fund, to be held in separate accounts as determined in § 62-930; and used solely for the purposes specified in this division. Page 8 of 14 Sec. 62-929. Districts established. There are hereby established four educational facilities impact fee benefit districts with boundaries as shown below. Benefit District 1 North Northern Boundary of: Sections 31, 32, 33, 34, 35 & 36 of T27S, R35E; Sections 31, 32, 33, 34, 35 & 36 of T27S, R36E; Sections 31, 32, 33, 34, 35 & 36 of T27S, R37E; and Section 31 of T27S, R38E. South Indian River County Line East Atlantic Ocean West Osceola County Line Benefit District 2 North Northern Boundary of: Sections 1, 2, 3, 4, 5 & 6 of T26S, R35E; Sections 1, 2, 3, 4, 5 South & 6 of T26S, R36E, Sections 5 & 6 of T26S, R37E; and Sections 14, 15 & 16 of East T24S, R37E. South Northern Boundary of: Sections 31, 32, 33, 34, 35 & 36 of T27S, R35E; Sections 31, 32, 33, 34, 35 & 36 of T27S, R36E; Sections 31, 32, 33, 34, 35 & 36 of T27S, R37E; East and Section 31 of T27S, R38E. East Atlantic Ocean West Western Boundary of: Sections 6, 7, 18, 19 & 30 of T27S, R35E; Sections 6, 7, 18, 19, 30 & 31 of T26S, R35E; Eastern Boundary of: Sections 6, 7, 17, 19, 30 & 31 of T25S, R37E; Sections 18, 19, 30 & 31 of T24S, R37E. Benefit District 3 North Northern Boundary of: Sections 35 & 36 of T23S, R34E; Sections 31, 32, 33, 34, 35 South & 36 of T23S, R35E; Section 31 of T23S, R36E; Sections 1, 2, 3, 4 & 5 of T23S, East R36E; and Sections 3, 4, 5 & 6 of T23S, R37E. South Northern Boundary of: Sections 1, 2, 3, 4, 5 & 6 of T26S, R35E; and Sections 1, 2, 3, 4, 5 & 6 of T26S, R36E, Sections 5 & 6 of T26S, R37E. East Eastern Boundary of: Sections 3, 9, 16, 17, 20, 29 & 32 of T23S, R37E; Sections 6, 7, 18, 19, 30 & 31 of T24S, R37E; and Sections 6, 7, 17, 19, 30 & 31 of T25S, R37E. West Orange County Line, Osceola County Line & Western Boundary of: Sections 5, 8, 17, 20, 29 & 32 of T23S, R36E. Benefit District 4 North Volusia County Line South Northern Boundary of: Sections 35 & 36 of T23S, R34E; Sections 31, 32, 33, 34, 35 & 36 of T23S, R35E; Section 31 of T23S, R36E; Sections 1, 2, 3, 4 & 5 of T23S, R36E; Sections 3, 4, 5 & 6 of T23S, R37E; and Sections 14, 15 &. 16 of T24S, R37E. East Atlantic Ocean West Orange County Line & Volusia County Line Page 9 of 14 Sec. 62-930. Trust fund. (a) There is hereby established an educational facilities impact fee trust fund for each of the four educational facilities impact fee benefit districts established by § 62 -929. (b) Funds withdrawn from these accounts must be used in accordance with the provisions of § 62- 931. Sec. 62-931. Use of funds. (a) Brevard County shall be entitled to retain up to but not more than two and one-half percent of the funds collected under this division as compensation for the administrative expense of collecting the fee and administering this division. All remaining educational facilities impact fees shall be disbursed to the School Board according to the terms of the interlocal agreement between the Board of County Commissioners and the School Board. The distributed funds shall only be used to fund those eligible educational facilities and capital improvements identified in the Tentative District Educational Facilities Plan as annually adopted by the School Board. Educational impact fees shall not be used for the maintenance or operation of educational facilities; for the construction of educational facilities that are required to eliminate existing overcrowding or level of service deficiencies; or for the construction of educational facilities that are not under the jurisdiction or ownership, whether by lease or purchase, of the School Board. Unless a municipality has entered into an interlocal agreement with the County obligating the municipality to require the person applying for a municipal building permit to obtain educational facilities impact fee proof of payment receipt from the County prior to the issuance of a certificate of occupancy or certificate of completion by the municipal building official, for any property where a building permit has expired and the residential unit has not been completed, each municipality shall be responsible for notifying the county of the building permit expiration, that a refund is due and that a release of lien should be recorded. (b) Funds shall be used exclusively for the construction of eligible educational facilities or capital improvements that are located within the educational facilities impact fee district from which the funds were collected or for the construction of the proportionate share of eligible educational facilities or capital improvements located in another district that will serve the district from which the funds were collected. Funds shall be expended in the order in which they are collected. (c) Each fiscal period, the Superintendent of the School Board shall transmit to the Board of County Commissioners, the adopted Tentative District Educational Facilities Plan in which educational facility impact fee funds, including any accrued interest, from the educational facilities impact fee trust funds, are assigned to specific eligible educational facilities capital improvement projects and related expenses. Monies, including any accrued interest, not assigned in any fiscal period shall be retained in the educational facilities impact fee trust funds until the next fiscal period, except as provided by the refund provisions of this division. Sec. 62-932. Refund of fees paid. (a) If a building permit expires prior to the time that a new single family detached residence or attached residential dwelling is substantially complete or prior to the time that a mobile home or manufactured home is installed or complete, the fee payer, or his heirs, successors or assigns, may either request a refund of any prepaid educational facilities impact fee assessed, less an Page 10 of 14 administrative fee equal to five percent of the total fee which represents the administration costs for refunding, or assign credit for prepayment of the impact fee to any subsequent purchaser or owner. (b) Any funds not expended or encumbered by the end of the calendar quarter encompassing the six year anniversary of the date the educational facilities impact fee payment was paid to the county shall, upon application of the current homeowner which must be made within 180 days after the expiration of said six-year period, be returned to the current owner with interest at the rate of six percent per annum. Sec. 62-933. Exemptions, credits and incentives. (a) Exemptions. The following shall be exempted from payment of the educational facilities impact fee: (1) Alteration or expansion of an existing residential building where no additional dwelling units are created. (2) The construction of accessory buildings or structures where no additional dwelling units are created. (3) The replacement of an existing residential building, including those partially or entirely damaged or destroyed, with a new unit of the same type and use provided that the existing residential building has been occupied at some time during the five-year period immediately preceding the construction of the new residential building. (4) Any nonresidential building or structure. (5) The construction of government owned residential buildings, which are utilized in their entirety for public purposes. (6) Any new single family detached residence, attached residential dwelling, manufactured or mobile home located in a development that provides significant facilities and services designed to meet the physical or social needs of older persons and where, by recorded deed restriction, recorded declaration of covenants and restrictions, recorded plat restriction or recorded by-laws that require at least one person in each residence to be age 55 or older and that prohibit any person that has not achieved the age of 18 years to reside on a permanent basis. The fee payer must claim an exemption at the time of the application for a building permit or permit for the installation of a manufactured or mobile home. Any exemption not so claimed is considered waived by the fee payer. In the event that the recorded age 55 and older restriction is breached or otherwise modified within the thirty year period following recording such that a person less than 55 years of age is allowed to reside on a permanent basis in any dwelling unit, the educational facilities impact fee in effect for that dwelling unit at the time of the change of circumstances shall be due and payable. (b) Credits. Upon the recommendation of the School Board, the Board of County Commissioners may award a credit against the educational facilities impact fees to be assessed on a particular residential development project if the School Board has accepted the offer of a developer to donate Page 11 of 14 land and/or construct all or a part of an eligible educational facility shown in the Tentative District Educational Facilities Plan or appropriate to the implementation thereof. The amount of credit awarded shall not exceed the appraised value of donated land at the time of donation or the actual cost of constructing the educational facility. The Board of County Commissioners may require appraisals, engineering and construction documentation, and competitive bid documents to determine the amount of credit awarded. (1) No credit shall be granted for any costs, contribution, payment, construction or land received by the School Board of Brevard County if said costs, contribution, payment, construction or land dedication is received or made before a credit agreement is approved by the Board of County Commissioners and fully executed by all applicable parties. Any claim for credit not so made and approved shall be deemed waived. (2) Credit shall only be awarded for the construction of or land donations for eligible educational facilities. (3) To the extent not waived by the provisions of § 62-933(b)(1) above, when a development of regional impact (DRI) development order includes exactions for eligible educational facilities or sites, the Board of County Commissioners shall award the developer a credit against the educational facilities impact fees assessed within the DRI in an amount equivalent to the value of the exactions at the time that they were accepted by the School Board. (c) Incentives. As an incentive to promote the construction of new housing that is affordable to lower income households, the Board of County Commissioners establishes the following incentives. (1) For homebuyers with a family income of at least 66% but not more than 80% of the Area Median Income, the Board of County Commissioners will provide a loan from the educational facilities trust fund in the amount of 25% of the educational facilities impact fee due on the property. This loan shall carry an interest rate of 0% and shall be forgiven at a rate of 10% of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 75% of the educational facilities impact fee according to the provisions of this ordinance. (2) For homebuyers with a family income of at least 51% but not more than 65% of the Area Median Income, the Board of County Commissioners will provide a loan from the educational facilities trust fund in the amount of 50% of the educational facilities impact fee due on the property. This loan shall carry an interest rate of 0% and shall be forgiven at a rate of 10% of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 50% of the educational facilities impact fee according to the provisions of this ordinance. (3) For homebuyers with a family income of not more than 50% of the Area Median Income, the Board of County Commissioners will provide a loan from the educational facilities trust fund in the amount of 75% of the educational facilities impact fee due on the property. This loan shall carry an interest rate of 0% and shall be forgiven at a rate of 10% of the original amount for each year that the original homebuyer resides on the property. The homebuyer shall pay the remaining 25% of the educational facilities impact fee according to the provisions of this ordinance. Page 12 of 14 (4) A property owner applying to qualify for the incentive loan provided for in this subsection shall, upon County approval of the application, execute a notice of assessment setting forth the balance of the educational facilities impact fee that remains unpaid. The notice shall be in recordable form and the County shall record the notice in the official records of the county. Upon execution, the notice of assessment shall constitute a lien for the balance of the educational facilities impact fee that is due under the terms and conditions of this subsection. If the property owner qualifying for the incentive provided for herein continuously resides on the qualified property for the full ten year term thereby causing the forgiveness of the loan in accordance with this subsection, the County shall cause a release of lien to be recorded. If the property owner qualifying for the incentive ceases to continuously reside on the qualified property at any time, the balance of the impact fee loan outstanding at that time shall be due and payable by the owner of the qualified property or, in the case of a sale, by their successor in title to the qualified property. Sec. 62-934. Penalty; additional remedies. A violation of this ordinance shall be an offense punishable by a fine of $500, provided that each day that a person is not in compliance with the ordinance shall be deemed to constitute a separate violation of the ordinance. In addition to or in lieu of any criminal prosecution, the county or any fee payer shall have the power to sue in civil court to enforce the provisions of this division. Sec. 62-935. Review. The Board of County Commissioners shall review the fee schedule contained in § 62-927 at least once every five years. Secs. 62-936--62-1100. Reserved. Section 2. Severability. If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be confined to the section, paragraph, subdivision, clause, sentence or provision immediately involved in the controversy in which such judgment or decree shall be rendered. Section 3. Conflicting Provisions. In the case of direct conflict between any provision of this ordinance and a portion or provision of any appropriate federal, state or county law, rule, code or regulation, the more restrictive shall apply. Section 4. Area Encompassed. This ordinance shall apply to both the unincorporated area of Brevard County and to the incorporated areas of Brevard County. Page 13 of 14 Section 5. Effective Date. This ordinance shall become effective on September 10, 2004. Owners of residential property, as defined herein, who have been issued a building permit for construction of residential buildings by Brevard County or any municipality prior to the effective date of this ordinance shall be entitled to an exemption for educational facilities impact fees due for said property, provided that when work or activities are authorized, they are pursued in the timely manner required by issuing jurisdiction. This ordinance shall not apply to any property if the County determines that the owner, as of September 10, 2004, has entered into a bona fide contract in which that owner has agreed to pay the cost of constructing or financing new improvements for which an impact fee would have to be paid subsequent to the adoption of this ordinance and has provided a copy of the contract to the County Manager by the close of business on the effective date of this ordinance. To qualify as a bona fide contract under this section, the contract must be presented to the County on or before September 10, 2004 and must: (1) include the bona fide buyer's name and the legal description of the residential property to be conveyed to the buyer; (2) be executed by both buyer and seller prior to the effective date and time of this ordinance; and (3) include the sales price and method of payment. The applicant seeking exclusion from the ordinance must also provide evidence that bona fide consideration was paid to secure the agreement. Any change made to the contract after the effective date of this ordinance that revises the legal description of the property shall require payment of the educational facilities impact fee. DONE AND ADOPTED in regular session, this twenty seventh day of July, 2004. ATTEST: Scott Ellis, Clerk BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA Nancy N. Higgs, Chairman Approved by the Board on July 27, 2004 Page 14 of 14 U `W- N O rn � co LL co d f. !6 U ._ H i a- v a w V a a ca I CD O o C: p) W N T C C C7 c 0 yj75 N W m U V o Q 0> V d w CD w U Q 0 O LL 7 0 w V a W y O O U � LL p o o Q 0> CD p J O O. .Q' C" O C d CJ Q U E U o a a 0 U C 3 c ca v) c (1) a) c 'O ai T O 3a c o m CL c O) E =3 O L 0 2 U O G U) O v O- r7 0 3 0 c0 V U) c T C)- c O -0 co m v E c ` 0) Y o O) CL cn c) o ' 3 0 D7 c ` W qo CL -.4 w U Qa c O @ c w O d (n O O > N c c v > N 0— _N -L C 0 tti0 7 0 U 'N c rn c o O_ O E E V a) o _". O a Y 0 0 O O> O 2— a O C 3 U 7 O 3 rn > _ vi O (A 0 o d.�Y� a0 -0 f4 O_ t m CL fn �, C] O N o) y C 3 �D 0 O 0 L 0 O O C y _T U -0 co a Y — H U 0 � 0 (DU 3:Z A R C) o G p� Oi Och U -o +-+ O) 'p 07 N O 2 OCf y N Q) .cn �) d O >. C .� I � D a) a) m C Z F � > U t6 Wa0i d c0 cn y cn N a o as n >a a) Y `0 c o N E 0 0 - c c O ti C a) O .4 ca L- 2 EC , _U C (n Cn (p a> a> CO _T a) .O N ccn N O) O 62 aD p az 0 O O O O O C 0 O 0 O O H o 0 0 0 0 C co D D zzv Z WOlul0 ►v -'CM _o co V LU CL if O p ch C) 0 r d y^ O O N V O� Q O N O N Z m U D cu cu 2 ii City Clerk/ Human Resource Office Quarterly Report, July 2004 HUMAN RESOURCES Position Vacancies: There are no position vacancies at this time. Risk Management • Damage to member vehicle — Claim filed. Minimal damage to Public Works pick-up truck; all relevant testing was performed and a Supervisor's Investigation Report was submitted. Workers Compensation • No claims filed this quarter. Human Resources Record keeping • Ms. Stills conducted an online web session with a PeopleTrak Human Resource software representative. The overall plan is gather information on several Human Resources software products and make a purchase in the next budget year. This is an effort to continue the digitized record keeping process. Investment Workshop • Ms. Rita Dubois, Certified Investment Advisor and Brevard Community College Instructor conducted a workshop in April on investment strategies for all interested employees. Ms. Dubois reviewed savings methods and how to best use the asset classes available in the City's 457 Deferred Compensation Plan. A CD of the session and handouts were made available to every department for those who could not attend the workshop. Ms. Dubois's workshops are anticipated and well attended by employees. CITY CLERK'S OFFICE Information Management • Ms. Haas compiled information for the employee newsletter preparation during this quarter. Civic Involvement • On May 6th, the Cape View Elementary School Third Grade class visited at City Hall, the Canaveral Precinct, and the Fire Department Ladder Truck and with Mayor Randels at City Hall Annex. The annual visit received support from all City departments, the St. Johns River Water Management District, Keep Brevard Beautiful and Canaveral Port Authority. The Clerk's office prepared 56 information bags for the students. Teachers and visiting parents also received informational gifts and a demonstration on the E -Better Place Complaint Tracking System. City Clerk/ Human Resource Office Quarterly Report, July 2004 Page 2 Legislative Activities • Codification to Supplement 13 of the City Code Book is in progress. Cut-off for submittal is subsequent to the Adult Entertainment ordinance adoption. EMPLOYEE DEVELOPMENT ACTIVITIES Virginia Haas attended the annual Florida Records Management Association conference on May 6h — 8th. Conference topics included: Legislative Issues Concerning Records Management, Electronic Permitting Systems and Disaster Recovery in Records Management. The City Clerk participated as a Committee Member at the 2004 Florida Association of City Clerks Annual Conference in St. Augustine. Duties included: preparing welcome bags for Conference attendees, welcome packet and bag distribution during Registration and conference events promotion. Ms. Stills continues to serve as Vice -President of the Space Coast Public Personnel/ Risk Management Association. Secured speakers Dave Kaminsky and John Lignon from the Florida League of Cities Insurance Division and John Bums of the Florida Veterans Affairs Office for Association meetings. BUILDING DEPARTMENT Date: July 12, 2004 To: Bennett Boucher, City Mana From: Todd Morley, Building Offic Re Building Department v Quarterly Activity Report: April — June 2004 The following report is a summary of the Building Department's activities, accomplishments and on-going projects for the months of April — June 2004. Building Department - Overview: • Susan and Joy attended a one day International Code Council permit technician class in Orlando. • Todd and Susan attended a three daylong State of Florida Records Management Conference in Boca Raton. • Todd, Susan and Duree attended a one -day Microsoft Excel class in Melbourne. • Tim & his wife Valerie celebrated the birth of their 1 st child Sydney Nicole. • Todd attended a three-day long the Building Official's Association of Florida Conference in St. Augustine. • Building Official Todd Morley regularly attends BOABC and Building Code Committee functions. • Todd attended a one -day meeting in Jacksonville regarding Private Provider laws and rules. • Duree met with Brevard County code enforcement officers to establish parameters for uniform enforcement of turtle lighting. Projected and on-going proiects: • AJT Building — (North end of Astronaut Blvd.) Awaiting submission of site plan. • Amoco site remodel - (At Atlantic and Astronaut) Has received pre - application review but has not submitted for site plan review. 7/13/2004 Building Department Quarterly Report April - June, 2004 2 • Bayside Condominiums and Townhomes — (At W. Central and Thurm Blvd.) 100 residential units. Construction is ongoing. • Bayport Condominiums and Townhomes - (At W. Central and Thurm Blvd. - S. of Bayside Condominiums) 106 residential units. Construction is ongoing. • Beach Side Townhomes - (Adams Avenue) Four (4) residential units. Two (2) under construction and two (2) awaiting re-plat. • Canaveral Woods (formerly Ocean Woods West) — (At Ocean Woods and N. Atlantic) Nineteen (19) residential units. Construction is ongoing. Special Exception extended by P&Z Board of Adjustment. • Country Inn & Suites - (Just North of Racetrac on Astronaut) 154 Hotel Units. Approved by Community Appearance Board. Site Plan approved. Land-clearing permit issued. Waiting for construction plans. • Discovery Bay Single Family Subdivision - (Manatee Bay Drive) One (1) residential unit. Project has received Community Appearance Board approval. Waiting for construction plans. • Doug Wilson, SFR — (Holman Rd.) — One (1) residential unit. Construction plans under review. Mr. Wilson has asked the building department to put this project on-hold. • Harbor Dr. — One (1) S.F.R. Construction is on going. • Holman Rd. - One (1) Single Family Residence. Construction is ongoing. • The Irish Shop — Scheduled for a pre-application meeting. • King Rentals — (At Central and N. Atlantic) Commercial addition construction is ongoing. • Lincoln Ave. — One (1) Single family residence. Construction is ongoing. • Madison Cay (a.k.a. Shores of Artesia, a.k.a. Sand In the Shoes) — (One block south of Surf and Ridgewood) Nineteen (19) residential units. City Council granted Vested Rights for this project. Permit has been issued and construction is on going. • Majestic Bay - (South of Wachovia Bank on Atlantic) Twenty-nine (29) residential units. One (1) five-story building and one (1) two-story condo under construction. Construction plans for one (1) two-story condo under review. Special Exception extended by P&Z Board of Adjustment. • Manatee Bay Dr. — One (1) S.F.R. has received Community Appearance Board approval. Waiting for construction plans. • Manatee Sanctuary Park Pavilion (City Project) — (At West end of Thurm Blvd. N. of PW facility) Construction is ongoing. • Marie Ann Villas — (Monroe at Poinsetta) Fourteen (14) residential units. Construction is on going. Special Exception extended by P&Z Board of Adiustment. 7/13/2004 Building Department Quarterly Report April - June, 2004 3 • Oak Lane — One (1) Single Family Residence. Has received CAB approval. Waiting for construction plans. • Oak Park — (N. Atlantic, just S. of Shorewood) Forty (40) residential units. Site plan under staff review. Special Exception extended by P&Z Board of Adjustment. • Ocean Estates — (At beach -end of Monroe Avenue) Seven (7) residential units. Construction is ongoing. • Perlas Del Mar — (N. Atlantic Avenue, just N. of 7-11. Maggie's Nursery) Forty (40) residential units. Site plan approved. Waiting for construction plans. Special Exception extended by P&Z Board of Adjustment. • Polk Ave. — One (1) Single Family Residence. Construction is on going. • Port Side Villas — (N. Atlantic Avenue, across from Villages of Seaport) 120 residential units. Land -clearing permit issued. Construction plans under review. • Puerto Del Rio — (At W. Central and Thurm Blvd.) 164 residential units in Phases I & II. 240 residential units in Phase IIl. Total # of residential units at project build -out = 404. Construction is ongoing. • River Gardens Condominiums — (On King Neptune) Thirty (30) residential units. Construction is ongoing. • Solana On The River — (River -end of Center St - Sevilla and Marbella Court.) Total of eighty (80) residential units at build -out. Construction is ongoing. • Tech Vest, Phase X — (Center Street) — Foundation -only permit has been issued. Construction plans under review. • Villages of Seaport (Phase 7) — (E. end of Seaport Blvd.) Total of 160 residential units at build -out. Construction of the three of four Five -story buildings has begun. • Villages of Seaport — (W. end of Seaport Blvd.) One (1) townhouse building completed. The overall project is ongoing. • Villas by the Port — (Across the street from, and just N. of, Harbor and N. Atlantic) Thirty-four (34) residential units. The Community Appearance Board approved the project. Site plan is under review. Special Exception extended by P&Z Board of Adjustment. Recently completed proiects: • Cape Club Condominiums— (At beach -end of Jackson) Sixteen (16) residential units. Construction completed. 7/13/2004 Building Department Quarterly Report April - June, 2004 4 • Casa Del Vista — (S. Ridgewood Avenue) Three (3) residential units. Project completed. • Canaveral Woods (formerly Ocean Woods West) — (At Ocean Woods and N. Atlantic) Nine (9) of Nineteen (19) residential units completed. • Manatee Bay Dr. — One (1) S.F.R. construction completed. • Radisson Fabric Structure — (S.W. of Radisson) Construction completed. • Sunrise Villas Townhomes — (N. Atlantic Ave.) Three (3) residential units. Construction completed. • Villages of Seaport Bldg. Townhomes - Two (2) residential units. Permittint Statistics: (245) Permits were issued with a total construction valuation of $26,758,011. The department assessed $237,451.56 in permitting fees and $163,394.95 in sewer impact fees. (118) Permits were finaled. (12) Certificates of Occupancy were issued. (814) Inspections were performed. Areas of violations by Code Section: Code Enforcement Activities: 34-96; Standards Established 2 5% 34-97; Duties and Responsibilities 2 5% 34-97; Responsibilities for Maintenance of Parking 3 3% 34-98 Building Appearance and Maintenance 2 5% 34-99; Landscape Appearance and Maintenance 1 2.5% 34-100; Sign Appearance and Maintenance 1 2.5% 34-153 Enumeration of Prohibited Noises 1 2.5% 34-209 Spillover Lighting Standards Established 2 5% 70-69; Occupational License Required 3 2.5% 70-75; Penalty For Failure to Obtain or Renew License 1 2.5 82-116; Adoption of National Electrical Code 1 2.5% 82-221 International Property Code Maintenance 2 5% 82-146; Adoption of Plumbing Code 1 2.5% 94-76; Temporary On -Premise Signs 4 2.5% 104/105; Florida Building Code -Permits & Inspections 12 32.% 110-312 Principal Uses and Structures 2 5% 110-297 R-2 Minimum Setbacks 1 2.5% 110-334; Special Exceptions 1 2.5% 110-344; Prohibited Uses and Structures 2 5% 110-470; Fence, Walls & Hedges 1 2.5% 110-582 Enclosures 1 2.5% TOTAL 46 100% 7/13/2004 Building Department Quarterly Report April - June, 2004 5 Code Enforcement Activities - Continued: Areas of violations by District: Section 14 Northeast Section 20 43.5% Section 15 Northwest Section 2 4.5% Section 22 Southwest Section 6 13% Section 23 Southeast Section 18 39% Total 46 1000/0 Number of cases presented to Board: 18 Number of current cases: 28 Total: 46 Additional cases brought into compliance in field: 72 Total number of cases for the quarter: 118 Community Appearance Board: The Community Appearance Board held five meetings and reviewed (15) requests. (14) were approved, (1) denied. Planning & Zoning Board: The Planning & Zoning Board held five meetings. The Board approved (1) plat and (3) site plans. The Board reviewed (1) proposed ordinances during this quarter. There were no special exceptions for the Board to consider. There were no vacation of easement requests for the Board to consider. Board of Adiustments: The Board of Adjustments held (1) meeting during this quarter. (8) Requests were approved. Construction Board of Anneals: There were no meetings held during this quarter. TO: Bennett C. Boucher, City Manager FROM: Ed Gardulski, Public Works Director SUBJECT: Quarterly Report: April, May, and June 2004 DATE: April 12, 2004 STREETS AND BEAUTIFICATION 1. North AIA Sidewalk. Staff received an Engineering design proposal from SSA for the probable cost evaluation of 1.524 feet of sidewalk along the east side of the AIA connecting the pedway from City of Cape Canaveral to the Port. Additional work will require special assessment notice and public hearings, City Code 110-475(g). City Council tabled the project until a latter date. 2. The City's south AlA sign: Staff has obtained cost estimates sidewalk, driveway and landscaping of the corner of AIA and Grant Ave. The City has received a FDOT Permit. This project is part of a City Agreement with Yogi's Foods. The Concrete sidewalk and driveways are completed. Landscaping and irrigation is scheduled. The City Sign is on order. 3. Butterfly Garden: A citizen had requested a Butterfly Garden within the City of Cape Canaveral. The Beautification Board members planted the Butterfly Garden at the Library. Plant identification signs were installed. The Garden is a great educational tool for the community. 4. The City finalized the Inmate Crew Agreement. The City of Cape Canaveral purchased a Van to transportation as required by the Agreement. The Inmate crew are doing a great job. 5. The Volunteer Sea Oats Planting Project was held Saturday Feb 28th. This project will entail the planting of sea oats along the existing sand fence. The project was a great success as the result of the die-hard volunteers that were able to endure the cold windy morning. Great job! 6. The Washington Ave Sidewalk construction was completed. This project was awarded to J&S Curb by City Council. Sidewalks will be extending along the south side of Washington Avenue commencing from the 200 block to Ridgewood Avenue. This project will greatly improve the safety of pedestrian and Cape View Elementary students. 0 Page 1 Page 2 of 3 Quarterly Report — 2s' Quarter 2004 July 12, 2004 RECLAIMED WATER 1. Plant Production: April May June 2°d Ouarter Wastewater treated: 25.0 MG 23.4 MG 26.5 MG 74.9 MG Reuse Cape Canaveral 21.0 MG 23.21 MG 21.01 MG 65 MG Reuse Cocoa Beach 0 MG 0 MG 0.6 MG 0.6 MG Port Canaveral .217 MG .060 MG .226 MG .5 MG Total Reuse: 21.217 MG 23.06 MG 21.24 MG 66.1 MG River Discharge: 3.67 MG 0 MG 5.30 MG 8.9 MG Rainfall: 2.3" .54" 9.9" 12.74" Reclaimed Customers: 635 642 642 642 2. Emergency Sewer main repair along the north undeveloped area is now completed. City Council approved the emergency replacement of the collapsed 16" ductile pipe that connects the north end the City east and west. 3. Received Bid No. 04-01 for the construction of the Wastewater Treatment Plant Improvements. The contract was awarded to Waterline Industries Inc. The project is underway and is scheduled for completion on November 301h 2004 4. Crom Corporation has mobilized and started to put the cover on our substandard tank. Construction completion is scheduled for approximately 4 weeks. This project will increase the facility's reuse water storage capacity. 5 Received \bid No. 04-02 for the Reuse Water Distribution Expansion Project. Contract was awarded to Wiring Technologies Inc. Contractor has mobilized and started the project, estimate completion is August. This project will extend the services along Adams, Monroe, Tyler and Lincoln. Bid Opening was April 22"d and the Bid Award was to Wiring Technologies in the Amount of $239,886 at the May 4`h City Council meeting. 7. Staff continues inspection for cross connections and backflow preventers. Tested 119 backflows preventers and inspected the same 119. Residents for cross connection this quarter repaired three backflow preventers, also replaced 5 enclosed valve boxes. 8. SJRWMD awarded the City of Cape Canaveral a Matching Grant in the amount of $75,000 for the construction of the alternative water supply project to install reuse lines along Adams, Monroe, Tyler and Lincoln. 0 Page 2 Page3 of 3 Quarterly Report — 2" Quarter 2004 July 12, 2004 STORMWATER 1. Completed yearly Stormwater inspection of 17 Wet Ponds and 36 Dry Retention Ponds. 2. Started City wide inspection on all Stormwater Illict discharge` detection and Elimination, also condition of all Stormwater structures. 3. Continuation of preparing and finalize the ERUS on all properties throughout the City. 4. Staff mandate ERU'S on all new residence and commercial properties. 5. Assisted the Finance Department in correcting stormwater billing through debits and credits. 6. Scheduled cleaning and removal of floatable items and inspection all Baffle Boxes after heavy rain storms or an accumulation of 1" of rain within 24 hours. Cleaned grit chambers of all Baffle Boxes this Quarter. 7. Construction Site Inspections completed at commencement of land clearing and after every rain. Ongoing inspection of all new construction sites for state mandate regulations in regards to erosion and sediment control. 9. Correspondence with Stormwater Association by City Staff and attended monthly and bi- monthly meetings. 10. Initiated updates on stormwater maps and drawings throughout the City. 11. The City has applied for a 319 grant to install baffle boxes at the following three location: Center Street, Holman Road and Central Blvd. The pending matching grant is $263,402 (60%) of the project cost of $ 439,003. The City cost is $175,601 (40%). 12. The City has applied for a 319 Grant to make water quality improvements to north portion of the Canaveral Ditch. The City is waiting for results of the 2005 grant budget year. Funding has been programmed in the five years capital budget. 0 Page 3 Memo TO: Bennett C. Boucher, City Manager From: Ed Gardulski, Director of Public Works Date: July 12, 2004 Re: Quarterly Activity Report – Animal Control This office processed /7 citizen requests for animal traps for the months of 14Ori r , Pa , and 1'4n e- , 2004 and was notified that a t6tal of _ animals were trapped as follows: 3 possums Aa cats — 5 raccoons 0 Page 1 CAPE CANAVERAL PARKS & RECREATION DEPART NT QUARTERLY REPORT APRIL, MAY & JUNE 2004 April was a very busy month for special recreation activities: The annual Easter Egg Hunt was held at Canaveral City Park on Saturday, April 14t`. Two hundred and three children, ranging in age from toddlers through 3`d grade students were present. Two thousand candy and toy filled eggs were available, 40 prizes were distributed. The Easter Bunny (volunteer Morgan Felteau) was present for photo opportunities for the parents & grandparents while refreshments were being served. (a report is attached) The Brevard County Traveling Skate Park was in Cape Canaveral April 16'h -18th. The number of participants is in decline. (a report is attached) The annual Mike Reynolds Spring Fling Racquetball Tournament was held on April 23, 24 & 25. There were eighty- three participants. (a report is attached) Little League season is officially over. The Special Olympic shuffleboard team practiced on our courts on Sunday afternoons during April & May. Competition was in June. Merritt Island Christian School used our tennis courts for their varsity practice and games during April and May. They also rented 3 of the courts for a tennis camp, which was held 3 hours a day for a five day period during the week of June 14th I have been notified that the FRDAP grant for Banana River Park has been funded. Contract approval for this project will be on the July 20th agenda. Manatee Park completion is near. All utilities are in place, i.e. electric, water, sewer. The contractor experienced a delay in the shipment of the privacy stalls for the restrooms, which of course, delayed the final plumbing installations. Installation will take place as soon as the materials are delivered. Irrigation, entryway beautification, fence, kiosk assembly and flag pole installation should be complete by mid July. Tables, benches, bike rack and a park sign are on order. The Recreation Department partnered with Cape View Elementary for a 6 -week recreation program. The program took place at the school and was offered as an extension to the summer academic program. Recreation activities took place each weekday from 11:30-3:30 p.m. Sixty-five children were registered in the progam. The Youth Center is open throughout the summer school vacation from 12 noon to 5:00 p.m., Monday through Saturday. The 8 -year-old pool table was recently replaced at the Center. Fran and Mike accompanied eight youths that are registered at the Youth Center to Funntasia for 18 holes of mini -golf on June 9t'. The Recreation Department paid their entry fee (at a negotiated reduced amount), they rode the trolley free, and, Funntasia gave them 10 free tokens to play the machines.... still not a lot of interest. The scheduled July 13a' field trip to Funntasia has been cancelled due to the low turnout. Attendance at the Youth Center has been steady, the numbers are generally lower in June and July due to vacations. School resumes on August IO' - April — 623 average daily attendance: 23 May - 602 average daily attendance: 24 June - 477 average daily attendance: 18 e ATTEAD191Y .• EXPENSES: EASTER EGG HUNT 8 Pre -School APRIL tq, 200q 52 Kindergarten & tst Grade 67 2nd & 3rd Grade Aanny (thank you gift) Eggs (2,000 filled)) Prizes SapPlies Refreshments Flyers TO rig 25.00 236.00 85.36 S.00 20.85 9.6S 38 t.86 + staff time. Tfa I CIIR I I fl g APRIL 16th -18th I Friday, April 16th- Session 1 10 participants (7 from Cape Canaveral) Saturday, April 17th - Session 1 6 participants (3 from Cape Canaveral) Session 2 17 participants (7 from Cape Canaveral) Sunday,April 18th - Session 1 4 participants ( all from Cape Canaveral) Session 2 2 participants (all from Cape Canaveral) Expense: Flyers $1.50 CITY OF CAPE CANAVERAL PARKS & RECREATION DEPARTMENT 7300 North Atlantic Avenue, P.O. Box 326 Cape Canaveral, Florida 32920 (321) 868-1227 e-mail: park nrec(�eiu.net MIKE REYNOLDS SPRING FLING RACQUETBALL TOURNAMENT APRIL 23, 23 & 25, 2004 INCOME: Entry Fees (83 Participants) $2530.00 T -Shirt Sale 30.00 Sponsors: 325.00 Derman Homes 100.00 Wallpaper for Windows 100.00 HMS,Inc. 100.00 Island Surf & Skate 100.00 The Racquet Connection 100.00 Smooth Move Inc. 125.00 InitiaTEK 100.00 Southern Tape & Label 100.00 Wardlow Ceramic Tile 100.00 The Rainmaker 100.00 Spaceport Imaging 100.00 Sunshine Welding 100.00 Sea Ray Boats 100.00 Advanced Graphics 125.00 State Auto Electric 100.00 Johnson Controls 250.00 Massage by Marakot 125.00 T -Mart (shirt discount $143) .00 $1925.00 $44855.00 EXPENSES: Postage 19.69 Applications 12.00 Medals 325.00 Tournament Shirts (113) 812.85 Racquetballs 119.37 Food, Supplies & Gatorade 178.98 Court Time (retained by Rec. Center/112 hrs.) 280.00 Reproductions 3.75 Total Expense $ 1751.64 Profit $ 2733.36 25% of Profit Retained by Recreation Department $ 683.34 75% of Profit To Tournament Directors $ 2050.02 (Mike D' Amico $1025.01) (Paul Owens $1025.01) 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 Fran Jamieson Way, Bldg. E Viera, FL 32940 (321) 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 s�40 4n 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 07, 2004 City of Cape Canaveral City Manager, Bennett C. Boucher 105 Polk Avenue, Post Office Box 326 Cape Canaveral, FL 23920 Reference: Quarterly Recap Report to Include: April, May and June 2004 Individual incident reports are available as they occur, to the City Manager upon request. TRAINING The following Canaveral Precinct personnel assigned to the City of Cape Canaveral have attended and completed training as listed. CRIME REPORT STATISTICS Attached please find crime statistics for the months of April, May and June 2004. Additional reports are as follows: ♦ Canaveral Community Policing Unit monthly recap ♦ Canaveral General Crimes Unit quarterly recap ♦ Canaveral Special Investigations Unit Should you have any questions regarding this information, please contact me. Sincerely, PHILIP B. WILLIAMS Sheriff of Brevard County N'' // ✓ vxf�� Commander George McGee Canaveral Precinct GM.-sm Attachments 2 BREVARD COUNTY SHERIFF'S OFFICE City of Cape Canaveral, Second Quarter Report April, May and June, 2004 April May June Quarterly Total Total Calls 1822 1913 1854 5589 Case Reports 144 139 126 409 Closed 78 92 63 233 Pending 66 47 63 176 Arrests 40 47 32 119 Arrests (Warrant) 22 29 33 84 Felony 25 24 19 68 Misdemeanor 60 77 73 210 Juvenile 4 4 4 12 Adult 58 72 61 191 D.U.I. 10 5 3 18 Traffic Crash Reports 19 20__ 18 57 Traffic Citations (Criminal) 62 54 51 167 Traffic Citations (Non Criminal) 183 172 140 495 Parking Tickets 138 180 47 365 Warnings 120 l 17 66 303 Field Interrogation Cards 68 71 58 197 Capias Requests 8 11 9 28 BREVARD COUNTY SHERIFF'S OFFICE City of Cape Canaveral Case Crime Statistics, 2004 Jan Feb Mar Apr May Jun Jul AugSep Oct Nov Dec YTD Domestic Violence 7 10 7 15 12 12 63 Cases Referred to GCU 20 28 25 34 19 37 163 Cases Referred to MCU 2 2 2 9 2 7 24 DUI 16 9 7 10 5 3 5o Accidents 13 14 31 19 20 18 115 Alchohol Related Accidents 2 2 0 1 1 1 7 Burglaries: Vehicle 2 6 4 4 3 7 26 Residential 2 4 2 7 9 14 36 Business 0 3 1 0 0 4 6 Other 1 0 0 1 0 0 2 Cases referred to SAO: 45 53 45 55 78 50 326 Felony 24 14 15 17 24 17 i 111 Misdemeanor 21 60 46 45 74 73 319 Juvenile 4 1 5 3 4 4 21 Ca las 9 8 9 8 11 9 54 Warrants: 29 23 18 22 29 33 154 i 14 12 10 8 6 4 2 0 Burglaries April May June ■ VEHICLE ■ RESIDENTIAL O BUSINESS Arrests 80 60 ■ FELONY ■ MISDEMEANOR 40 20 0 April May June Traffic Cases 20- 15 ■ DUI ARRESTS 10 ■ CRASH REPORTS ❑ALCOHOL RELATED CRASH 5 REPORTS 0 April May June "OF THE -EVA a'yF9� Brevard County Sheriffs Office cOUN1V Titusville, Florida MEMORANDUM DATE: July 01, 2004 TO: Commander McGee, via Chain of Command FROM: Sergeant Thomas Young SUBJECT: Quarterly Report — City of Cape Canaveral The following information represents activity for the months of April, May and June 2004. Recovered Property April Apr May Jun Cases Assigned 34 19 37 Closed by Arrest/Bodies 01/03 02 03 Closed Unfounded 00 01 00 Closed Exceptionally 03 01 104 Closed Pending 05 02 03 Closed Non Prosecution 03 01 00 Closed Non Arrest/AOA 02 00 00 Capias Request 01 04 03 Recovered Property April $ 27,926.00 May $ 15,575.00 June $ 17,492.00 Monthly Arrests for April 04-113797: Canaveral GCU Agents arrested w/m ref. Burglary/ Grand Theft. 04-127509: Canaveral GCU Agents arrested two juveniles for Grand Theft Auto. Auto was stolen in Cape Canaveral, and recovered at Merritt Square Mall. Monthly Arrests for May 03-159671: Canaveral GCU Agents arrested a white male subject for Uttering Forged Instrument/Grand Theft after suspect purchased furniture from a local store with a reported stolen check which he forged and used to purchase the furniture valued at $400.00 04-128011: Canaveral GCU Agents arrested a white male juvenile for 2 - counts of Forgery, 2 -counts of Uttering Forged Instrument, 2 -counts of criminal usage of personal information and 1 -count of Grand Theft regarding the usage of victim's stolen credit card at J.C. Penney, Merritt Island location. Recovered property: $432.00. Monthly Arrests for _June 04-087058: Canaveral GCU Agents arrested a juvenile for Grand Theft/dealing in stolen property and fraudulent pledge after suspect stole a gold chain with charm valued at $1000.00 from a friend and later had someone pawn the stolen jewelry, which was recovered by victim. $1,000.00 04-173249: Canaveral GCU Agents arrested a black male juvenile for Grand Theft Auto. The vehicle, a 2001 Lexus SUV, was stolen from 8400 block of Ridgewood Avenue. Vehicle was recovered in Merritt Island with the Juvenile standing nearby. During Post -Miranda interview the juvenile admitted to stealing the SUV. 04-188895: Canaveral GCU Agents arrested a white male subject for Burglary to a structure/Petit Theft and Criminal Mischief. Theft occurred at Villages of Seaport construction trailer. Significant Assigned Cases of Interest 03-230249: A Capias request was issued on a white male for Grand Theft, dealing in stolen property and fraudulent pledge. Suspect stole victim's property from inside his lawn trailer and pawned the reported stolen property the same day it was reported stolen. Recovered victim's lawn equipment valued at $588.00 03-335100 Victim signed a non -prosecution affidavit after information was obtained on the person that robbed him at his residence. 03-343191: A Capias request has been forwarded to the SAO on four individuals for burglary to conveyance. Some of victim's property was recovered, valued at $818.00 03-343216: Capias request forwarded to the SAO on four individuals for burglary to conveyance. Some of victim's property was recovered with a value of $100.00 04-034746: Report of fraudulent usage of credit card/grand theft by unknown person(s). Victim reported charges to the compromised credit card (used in Japan). A second case report # 04-103455 was completed by a separate victim indicating that unknown person(s) used his credit card numbers and made purchases in several cities in Florida. After making contact with both victims, it was determined that they both shop at B.J.'s wholesale store, Merritt Island. Sheriffs Office Fraud Unit advised that the United States Secret Service, Boston Office, is working a national fraud case involving B.J.'s nationwide with fraudulent credit card charges being compromised in several countries to include Japan and Australia. The above listed cases are to be forwarded to the United States Secret Service, Boston Office for further investigation. 04-034859: Victim signed a non -prosecution affidavit on the theft of her property from her residence by her boyfriend. 04-043491: A reported stolen surfboard that was left at a friend's residence was located after victim found the missing surfboard at a local pawnshop in Cocoa Beach. Victim's recovered surfboard was valued at $580.00. Investigation is pending. 04-086525: Recovery of a stolen1994 Mazda B3000 pickup truck valued at $2,500.00 04-093338: Burglary, Grand Theft of kitchen cabinets from condos under construction at 8500 block N. Atlantic. Total value stolen is $4,025.00. Case pending. 04-095289: A Gateway laptop computer was found in its case in the retention pond behind the Radisson Resort by maintenance personnel. The owner of the laptop was located; laptop released. $4,399.00 04-109740: Found property: Desktop copier used to counterfeit/copy $20.00 bills. Suspect information developed; investigation continues. U.S. Secret Service has been notified and the serial numbers provided to determine if the copied/counterfeit bills were circulated. 04-102929: Armed Robbery, Praetorius and N. Atlantic. Male victim (homeless) was attacked by another homeless male, who held a knife to his chest and stole $200.00. Victim was able to identify the suspect from a photo - line -up. A Capias request was completed for the suspects and referred to the State Attorney's Office. 04-113382: Victim signed a non -prosecution affidavit for the theft of her vehicle by her boyfriend, who was arrested in the recovered stolen vehicle before she signed the non -prosecution affidavit. Value of the vehicle is $8,000.00 04-113494: Victim signed a non -prosecution affidavit for the theft of her property from her residence by her boyfriend. Value of the recovered property is $676.00. 04-114714: Burglary/Grand Theft, 200 block Cherie Down Lane. Arrested male subject; returned property valued at $810.00 04-127509: Two Canaveral resident juveniles were arrested for Grand Theft Auto. Vehicle valued at $6,000.00 04-082971: Burglary, 200 block Canaveral Beach Blvd. Suspect information obtained. $2000.00 worth of jewelry stolen. 04-113806: Suspect entered the occupied residence at 5800 block N. Atlantic. Latent fingerprints from the crime scene came back with an AFIS hit to a suspect out of Canaveral. 04-102279: Capias request completed for a known w/f for Grand Theft, fraudulent use of a credit card from 100 block of Buchanan Ave. The credit card was used at the 7-11, 6770 North Atlantic Ave. 04-143781: Missing juvenile w/m from 100 block of Columbia Drive, may have left the State of Florida on a Greyhound bus, his whereabouts are unknown. 04-172047: Known w/m suspect burglarized a residence, located at 200 block Caroline street, stole a handgun and the victim's vehicle. The vehicle was recovered on 06-22-04. Unable to locate the suspect; Capias request was completed. Value of recovered vehicle, $4,500.00 04-171993: Unknown person burglarized and damaged a boat parked behind a local business, 8800 block N. Atlantic Ave. 04-167890: W/f juvenile was reported missing from the 5800 block of N. Atlantic Ave. Juvenile had been missing for one week. Juvenile was located in the State of Maine with her father. Mother (who reported her missing), failed to report her return home, then sent her to Maine for the summer. 04-171865: Stolen vehicle from 200 block of Caroline recovered in the City of Cocoa. The vehicle, valued at $5,100.00 when recovered, was missing $2,700 rims, low profile tires and a CD player. Recovered vehicle value $2,300.00. 04-176537: Recovered an abandoned firearm. The firearm was left underneath a mattress by the occupant of a hotel room. Firearm was returned to the owner upon his return from a cruise. Firearm valued at $300.00. 04-178699: Recovery of a Mazda 2000 white van, originally stolen from 7400 block of N. Ridgewood by two unknown while male subjects. The vehicle was recovered within one hour. 04-151570: Grand Theft from 100 block of Buchanan Ave. Victim identified suspect from a photo line-up. Suspect's whereabouts are unknown. Capias request completed. 04-186037: Missing juvenile w/f was located and returned to her father. `pf THE` N o��C,F'�pEygR� Fye' Brevard County Sheriffs Office COUNT,(, Titusville, Florida MEMORANDUM DATE: June 28, 2004 TO: Commander George McGee, via Chain of Command FROM: CPU Corporal Brenda Deans and Deputy Pedro Germosen SUBJECT: Quarterly Report — CPU Activity for the months of April, May, June 2004. COMMUNITY ACTIVITIES: ■ Canaveral CPU deputies are assisting Deputy Don Eggert, Camp Chance coordinator, with this summer's Camp Chance event for the Canaveral youth. CPU will be working this event the week of July 12-16 with the Canaveral kids. ■ Kiwanis meetings are held every Wednesday, and are attended by Canaveral CPU deputies. ■ DARE graduation was held at Cape View Elementary School on April 28th. ■ DARE graduates were taken to the Brevard County Jail for a tour. ■ Corporal Deans attended the Easter Egg Hunt at the Youth Center in April. ■ Corporal Deans has been corresponding/planning with Charlie Kay/GREAT coordinator for the Sheriffs Office for the upcoming implementation of the GREAT program at Cape View Elementary, which will start in September 2004. ■ During the month of April, Corporal Deans spent over 30 hours at Cape View Elementary School (DARE, weekly visits, 6th grade graduation, end of year picnic). ■ CPU deputies have assisted road patrol during peak hours. NEW PROGRAMS: ■ Cape Canaveral implemented a summer camp for Canaveral kids, which will start July 5. This is a week long camp for 15 selected Canaveral kids. We will conduct daily field trips in addition to completing community service projects for the benefit of the citizens of Cape Canaveral. CPU deputies checked various areas within city limits and located numerous established homeless camps. CPU deputies coordinated with Code Enforcement/Property Owners and obtained Trespass Affidavits for each sight. A sweep of these areas was conducted on June 10, 2004, which resulted in 5 arrests. This project will continue; sweeps will be conducted once monthly until we eliminate the homeless camps in Canaveral. ■ CPU deputies have implemented a tracking system for Domestic Violence offenders. This is currently in the beginning stages and has resulted in several warrant arrests. We will continue to track the offenders that commit domestic violence offenses in Canaveral. CPU deputies are currently in the planning stages of National Night Out, which will be held on August 3, 2004. This is a national event involving an estimated 24 million citizens, who gather together with Law Enforcement in their respective communities to address safety issues in their area. CRIME PREVENTION: ■ CPU members have attended scheduled meetings of the Property Managers of Cape Canaveral. ■ CPU deputies have attended local homeowners meetings with Cape Shores and Ocean Woods. ■ Probation sweeps are conducted on a bi-monthly basis, whereby residents on felony probation are checked on, their residence and terms of probation verified. This has been a very successful project and will continue. ■ Juvenile probation sweeps are conducted on a bi-monthly basis, whereby the Juvenile Probation Officer and CPU deputies check curfews of juveniles that are currently on probation. 0 Assisted with sex offender sweeps for curfew checks and notifications. ■ CPU deputies have been conducting surveillance of local suspected drug houses. This information has been forwarded to the Drug Unit for further investigation. ■ Twice monthly bike patrol details initiated to target problem areas. ■ CPU deputies have been assigned the Specialty Vehicles and frequently utilize the ATV, bicycles, and alternate fuel vehicle on a weekly basis in order to curtail the unauthorized drinking violations occurring at the beach ends and parks. ■ Approximately 5 City complaints addressed/resolved. ■ CPU deputies are currently working with Code Enforcement in order to ensure vehicles that are not properly registered or are abandoned are marked for possible removal in order to present a cleaner city. ■ Currently working/patrolling the beach access areas of Canaveral to deter drinking, fireworks, dogs, and homeless problems. ■ Speed radar trailer has been instrumental in reducing speed throughout the City, to include Ridgewood, N. Atlantic, N. Astronaut and Central Avenue. CPU is largely responsible for the placement and deployment of the trailer. TRAINING: ■ Community Policing deputies attended monthly Squad Training as required of all BCSO sworn officers. ■ Corporal Deans, a member of the Canaveral Traffic Homicide Team, attended Traffic Crash Reconstruction School in May 2004. ■ Corporal Deans and Deputy Germosen attended Speed Boat operation training class in May 2004. ■ Corporal Deans instructed several deputies in the proper usage and operation of the Speed Trailer. These deputies are currently tasked with placing the trailer in strategic locations throughout the city with consideration to citizen's requests. Brevard County Sheriffs Office Cape Canaveral Special Operations Unit Operational Plan 4-30-04 Purpose: The purpose of this operation is to identify and arrest wanted persons on warrants, capias, TICOs and probable cause cases. This operation is set up and based on complaints received by the citizens and observations of the scheduled deputies as seen on their regularly scheduled shifts. This operational plan is for the purpose of promoting zero tolerance for the subjects wanted for crimes against this community. Objectives: The objective of this operation is to make lawful arrests on persons who are wanted on court or state ordered warrants, capias and probable cause cases known to the involved sheriff's office personnel. We will also be conducting traffic stops on any observed violations. Location: Cape Canaveral and the adjoining unincorporated area of Brevard County, Florida. Date and Time: This operation will be conducted on Friday, April 30, 2004 starting at 1900 hrs and ending at approximately 0300 hrs depending on activity. Supervisor of the operation: Sgt. Tom Young (Zulu 10) will be the immediate contact person and supervisor of the operation. The on duty road supervisor along with the communications center supervisor will be notified of the operation prior to starting. Personnel: Cape Canaveral Deputies Equipment: Class B uniforms Marked patrol vehicles w/video Body armor Radios Miscellaneous paperwork (923.01, UTCs, FI cards) Operation: Deputies will be paired up and ride in marked patrol vehicles equipped with in car video and radar if available. Assigned deputies will also conduct foot patrols/ bike patrols as needed in pairs. Deputies will be looking for wanted persons, traffic infractions, and check the local known criminal activity areas. Deputies will also be available to help out regularly scheduled road patrol if needed. All generated paperwork will be forwarded to Sgt. Young at the conclusion of the operation and an after action report completed. F �a WE CANAVERAL VOLUNTEER NTERR FIRE DEPARTMENT. INC. E Y Searing the city of Cape Canaveral 3 anaveral Port Authority MEMORANDUM To: Bennett Boucher, City Manager, Cape Canaveral City Council Stan Payne, Chief Executive O� anaveral Port Authority From: David J. Sargeant, Fire Chief Date: 14 July 2004 Subj: QUARTERLY REPORT This past quarter we ran 491 emergency calls. EMS accounted for 77%. Afternoon storms have kept us busy with arcing power lines, lines down, trees tumbled, and even a building collapse. The large scale multi agency drill held at Port Canaveral on May 19`h went well. As expected, communications continues to be a challenge. With over 15 different agencies involved in the Port, this will continue to plague our response; however, strides are being made to overcome this obstacle. If an 800MHz tower is ever realized in our area, then this will solve a large portion of this problem. Cape Canaveral Volunteer Fire Department received numerous donations form the friends and families of Stanley Kammerude. This money has been used to purchase a medical response trailer. This trailer will be used to house our mass casualty equipment for large scale medical emergencies. We are in the process of outfitting this unit and upon completion I will make it available for review at a Commission/Council meeting. Finally, I have attached the statistical data for last quarter. Should you need further information concerning these matters, please fee free to contact me. Thank you. station rt 190 JACKSON AVENUE • CAPE CANAVERAL, FLORIDA 32920 9 (321) 783-4777 • FAX: (321) 783-5398 Stattion#2 8970 COLUNIBIA ROAD • CAPE CANAVERAL, FLORIDA 32920 9 (321) 783-4424 • FAX: (321) 783-4887 Cape Canaveral Volunteer Fire Department Incidents by District (Summary) Alarm Date Between {04/01/2004} And {06/30/2004} and District = 11001 99 Pct of Pct of District Count Incidents Est Losses Losses 001 City of Cape Canaveral 311 100.00 $0 0.00 $ Total Incident Count: 311 Total Est Losses: $0 07/0 8/2 004 08:38 Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {04/01/2004} And {06/30/2004} and District = 11001 it Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 1 Fire 100 Fire, Other 111 Building fire 112 Fires in structures other than in a 113 Cooking fire, confined to container 134 Water vehicle fire 140 Natural vegetation fire, Other 142 Brush, or brush and grass mixture fire 150 Outside rubbish fire, Other 163 Outside gas or vapor combustion explosion 3 Rescue & Emergency Medical Service Incidents 300 Rescue, emergency medical (EMS) call, Other 311 Medical assist, assist EMS crew 321 EMS call, excluding vehicle accident with 321A Patient Refusal 322 Vehicle accident with injuries 323 Motor vehicle/pedestrian accident (MV Ped) 353 Removal of victim(s) from stalled elevator 4 Hazardous Conditions (No fire) 400 Hazardous condition, Other 411 Gasoline or other flammable liquid spill 440 Electrical wiring/equipment problem, Other 444 Power line down 445 Arcing, shorted electrical equipment 5 Service Call 510 Person in distress, Other 522 Water or steam leak 550 Public service assistance, Other 551 Assist police or other governmental agency 553 Public service 6 Good Intent Call 1 0.32% $0 0.00% 2 0.64% $0 0.00% 1 0.32% $0 0.00% 1 0.32% $0 0.00$ 1 0.32% $0 0.00% 1 0.32% $0 0.00% 1 0.32% $0 0.00% 1 0.32% $0 0.00% 1 0.32% $0 0.00% 10 3.21% $0 0.00% 6 1.92% $0 0.00% 2 0.64% $0 0.00% 186 59.80% $0 0.00% 41 13.18% $0 0.00% 10 3.21% $0 0.0096 2 0.64% $0 0.0096 1 0.32% $0 0.00% 248 79.74% $0 0.00% 1 0.32% $0 0.0096 1 0.32% $0 0.0096 1 0.32% $0 0.0096 1 0.3296 $0 0.00% 3 0.96% $0 0.00% 7 2.25% $0 0.00% 1 0.3296 $0 0.00% 1 0.32% $0 0.00% 1 0.32% $0 0.00% 2 0.64% $0 0.0096 2 0.64% $0 0.00% 7 2.25% $0 0.00% 07/08/2004 09:37 Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {04/01/2004} And {06/30/2004} and District = 11001 " Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 6 Good Intent Call 600 Good intent call, Other 4 1.28% 611 Dispatched & canceled en route 3 0.96% 7 2.25% 7 False Alarm & False Call 710 Malicious, mischievous false call, Other 2 0.64% 714 Central station, malicious false alarm 1 0.32% 730 System malfunction, Other 6 1.92% 735 Alarm system sounded due to malfunction 5 1.60%- .60$736 736 CO detector activation due to malfunction 1 0.32% 740 Unintentional transmission of alarm, Other 3 0.96%- 743 Smoke detector activation, no fire - 2 0.64% 745 Alarm system sounded, no fire - 12 3.85% 32 10.28% Total Incident Count: 311 07/08/2004 09:37 Total Est Loss: $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 Page 2 Cape Canaveral Volunteer Fire Department Incidents by District (Summary) Alarm Date Between {04/01/2004) And {06/30/2004} and District = 11002 we Pct of Pct of District Count Incidents Est Losses Losses 002 Canaveral Port Authority 137 100.00 % $0 0.00$ Total Incident Count: 137 Total Est Losses: $0 07/08/2004 08:39 Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {04/01/2004} And {06/30/2004} and District = 11002 if Incident Type Count Pct of Incidents Total Est Loss Pct of Losses 1 Fire 100 Fire, Other 1 0.72% $0 0.00% 131 Passenger vehicle fire 1 0.72% $0 0.00% 134 Water vehicle fire 1 0.72% $0 0.00%- .00%140 140Natural vegetation fire, Other 1 0.72% $0 0.00% 141 Forest, woods or wildland fire 1 0.72% $0 0.00% 142 Brush, or brush and grass mixture fire 1 0.72% $0 0.00% 143 Grass fire 1 0.72% $0 0.00% 150 Outside rubbish fire, Other 2 1.45% $0 0.00% 160 Special outside fire, Other 1 0.72% $0 0.00% 10 7.29% $0 0.00% 3 Rescue & Emergency Medical Service Incidents 300 Rescue, emergency medical (EMS) call, Other 4 2.91% $0 0.00% 321 EMS call, excluding vehicle accident with 78 56.93% $0 0.00% 321A Patient Refusal 13 9.48% $0 0.00% 322 Vehicle accident with injuries 6 4.37% $0 0.00% 352 Extrication of victim(s) from vehicle 1 0.72% $0 0.00% 102 74.45% $0 0.00% 4 Hazardous Conditions (No fire) 445 Arcing, shorted electrical equipment 1 0.72% $0 0.00% 1 0.72% $0 0.00% 5 Service Call 510 Person in distress, Other 1 0.72% $0 0.00% 542 Animal rescue 1 0.72% $0 0.00% 551 Assist police or other governmental agency 1 0.72% $0 0.00% 571 Cover assignment, standby, moveup 1 0.72% $0 0.00% 4 2.91% $0 0.00% 6 Good Intent Call 600 Good intent call, Other 3 2.18% $0 0.00% 611 Dispatched & canceled en route 2 1.45% $0 0.00% 5 3.64% $0 0.00% 7 False Alarm & False Call 07/08/2004 09:38 Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {04/01/2004} And {06/30/2004} and District = 11002 It Incident Type Count Pct of Incidents Total Est Loss Pct of Losses 7 False Alarm & False Call 721 Bomb scare - no bomb 1 0.72% $0 0.00% 733 Smoke detector activation due to 2 1.45% $0 0.00%- .00%735 735Alarm system sounded due to malfunction 4 2.91% $0 0.0096 740 Unintentional transmission of alarm, Other 1 0.72% $0 0.00%- .00%743 743Smoke detector activation, no fire - 5 3.64% $0 0.00% 745 Alarm system sounded, no fire - 1 0.72% $0 0.00%- .00%14 14 10.21% $0 0.00% 9 Special incident type 900 Special type of incident, Other Total Incident Count: 137 1 0.72% 1 0.72% Total Est Loss: $0 0.00% $0 0.00% $0 07/08/2004 09:38 Page 2 Cape Canaveral Volunteer Fire Department Incidents by District (Summary) Alarm Date Between {04/01/2004) And {06/30/2004} and District = 11003 If Pct of Pct of District Count Incidents Est Losses Losses 003 Avon By The Sea 34 100.00 % $0 0.00 $ Total Incident Count: 34 Total Est Losses: $0 07/08/2004 08:39 Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {04/01/2004) And {06/30/2004} and District = 11003 " Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 1 Fire 131 Passenger vehicle fire 2 5.88% $0 0.00% 2 5.88% $0 0.00% 3 Rescue & Emergency Medical Service Incidents 300 Rescue, emergency medical (EMS) call, Other 1 2.94% $0 0.00% 321 EMS call, excluding vehicle accident with 20 58.82% $0 0.00% 321A Patient Refusal 6 17.64% $0 0.00% 352 Extrication of victim(s) from vehicle 1 2.94% $0 0.00% 28 82.35% $0 0.00% 5 Service Call 550 Public service assistance, Other 1 2.94% $0 0.00% 551 Assist police or other governmental agency 1 2.94% $0 0.00% 553 Public service 1 2.94% $0 0.0096 3 8.82% $0 0.00% 6 Good Intent Call 611 Dispatched & canceled en route 1 2.94% $0 0.00% 1 2.94% $0 0.00% Total Incident Count: 34 07/08/2004 09:38 Total Est Loss: $0 Page 1 Cape Canaveral Volunteer Fire Department Incidents by District (Summary) Alarm Date Between {04/01/2004} And {06/30/2004) and District = 11004 it Pct of Pct of District Count Incidents Est Losses Losses 004 Mutual Aid - Out of District Total Incident Count: 9 9 100.00$ Total Est Losses: $0 0.00 $ $0 07/08/2004 08:40 Page 1 Cape Canaveral Volunteer Fire Department Incident Type Report (Summary) Alarm Date Between {04/01/2004} And {06/30/2004) and District = 11004 It Pct of Total Pct of Incident Type Count Incidents Est Loss Losses 1 Fire 0.00% $0 111 Building fire 1 11.11 141 Forest, woods or wildland fire 3 33.33%- 150 Outside rubbish fire, Other 1 11.11% 170 Cultivated vegetation, crop fire, Other 1 11.11% 6 66.66% 3 Rescue & Emergency Medical Service Incidents 300 Rescue, emergency medical (EMS) call, Other 1 11.11%- I 11.11% 6 Good Intent Call 611 Dispatched & canceled en route 7 False Alarm & False Call 700 False alarm or false call, Other Total Incident Count: 9 1 11.11 1 11.11$ 1 11.11 1 11.11$ Total Est Loss: $0 0.00% $0 0.00 $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 0.00% $0 07/08/2004 09:39 Page 1