HomeMy WebLinkAboutOrdinance No. 01-2017 ORDINANCE NO. 01-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING CHAPTER 6, ARTICLE III OF THE CAPE
CANAVERAL CITY CODE TO CLARIFY THAT
DRINKING, CONSUMPTION OR POSSESSION OF OPEN
CONTAINERS OF ALCOHOLIC BEVERAGES UPON
PUBLIC DUNE CROSSOVERS IS UNLAWFUL;
PROVIDING FOR PENALTIES FOR VIOLATIONS OF
CHAPTER 6, ARTICLE III OF THE CAPE CANAVERAL
CITY CODE, INCLUDING A CLASS I CIVIL CITATION
PENALTY; PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE CITY CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS,the City is granted the authority,under Section 2(b),Article VIII,of the State
Constitution,to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council desires to specifically clarify that the drinking,
consumption, and possession of open containers of alcoholic beverages upon public dune
crossovers is unlawful in the City; and
WHEREAS, the City Council, in accordance with Chapter 162, Florida Statutes, desires
to establish penalties for violations of Chapter 6, Article III of the Cape Canaveral City Code,
including a Class I civil infraction; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW,THEREFORE,BE IT ENACTED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL,BREVARD COUNTY, FLORIDA,AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapters 2 and 6 of the Code of Ordinances, City of Cape
Canaveral, Florida, are hereby amended as follows (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 2 or 6. It is intended that the text in Chapter 2 or 6 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance):
Chapter 2 Administration
City of Cape Canaveral
Ordinance No.01-2017
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ARTICLE VI.—CODE ENFORCEMENT
* * *
DIVISION 2.—CODE ENFORCEMENT CITATIONS
* * *
Sec 2-283. - Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the Brevard
County Court, and are assigned the violation classification enumerated below:
(1) Chapter 38, article IV, Fireworks Class II.
(2) Chapter 34, article II, Litter Class I.
(3) Chapter 34, article III, Property Maintenance Standards Class I.
(4) Chapter 34, article V, Noise Class I.
(5) Chapter 34, article VII, Lights Class I.
(6) Section 14-3, Bees and beehives prohibited Class I.
(7) Chapter 14, article III, Sea Turtles Class I.
(8) Section 110-467, Garage sales Class I.
(9) Section 110-582, Swimming pool barriers Class II.
(10) Chapter 62, Solid waste Class I.
(11) Section 110-487, Rental restrictions on dwelling units Class IV.
(12) Chapter 82, article XIV, Numbering of Buildings and Property Class I.
(13) Chapter 82, article V, Registration and Maintenance of Properties in Foreclosure
Class IV.
(14) Section 94-6, Prohibited signs and features Class I.
(15) Chapter 90, article V, construction site stormwater runoff control Class II.
(16) Chapter 92, Fertilizer Land Application Class I.
(17) Chapter 6, article III, Possession and Consumption ..... Class I.
(b) In the event of a conflict between the civil penalties enumerated in this section and a civil
penalty specifically enumerated elsewhere in this Code or other ordinances,the more stringent
penalty shall apply.
* * *
Chapter 6 Alcoholic Beverages
City of Cape Canaveral
Ordinance No.01-2017
Page 2 of 4
* * *
ARTICLE I.—IN GENERAL
* * *
Sec. 6-1.—Penalty.
Any person violating this chapter shall be punished as provided in section 1-15, or as otherwise
specifically provided herein.
* * *
ARTICLE III.—POSSESSION AND CONSUMPTION
* * *
DIVISION 1. - GENERALLY
* * *
Sec. 6-51. - Streets, alleys, sidewalks and parking areas.
(a) It shall be unlawful for any person to drink, consume or possess an open container
of alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and
wine, on or upon any street, alley, walkway, sidewalk, public dune crossover, or any city
public parking area open to the public in the ordinary course of business within the city.
* * *
Sec. 6-54.—Penalties.
Any person who violates or fails to comply with any provision of this Article III, Division I,
"Possession and Consumption—Generally" shall be subject to the following:
(a) The issuance of a Class I citation in accordance with the provisions of section 2-280, et
seq., "Code Enforcement Citations,"; or
(b) Enforcement by other means including, but not limited to: a summons; a notice to appear
in the county or circuit court; an arrest; an action before the special magistrate/code
enforcement board; or a civil action for injunctive relief; or
(c) Punished in accordance with the general penalty set forth in section 1-15 of this Code.
* * *
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
City of Cape Canaveral
Ordinance No.01-2017
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and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction,whether for substantive,procedural,or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of January,
2017. _ /
Bob Hoog, Mayo 7
ATTEST: For Against
v fes'
Mia Goforth, CM Mike Brown X
City Clerk
Robert Hoog X
Brendan McMillin Second
Rocky Randels Motion
Betty Walsh X
Approved as)to legal form and sufficiency
for 't o Cape Canaveral only by:
'Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.01-2017
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