HomeMy WebLinkAboutOrdinance No. 03-2017 ORDINANCE NO. 03-2017
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING SECTIONS 50-4 AND 2-283 OF THE CAPE
CANAVERAL CITY CODE REGULATING SLEEPING AND
CAMPING UPON PUBLIC STREETS AND SIDEWALKS,
BEACH END STREETS, BEACH DUNE CROSSOVERS,
BEACHES AND PARKS; PROVIDING FOR PROCEDURES
TO REMOVE PERSONAL PROPERTY REMAINING IN
CAMP SITES; PROVIDING FOR PENALTIES; AND
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 Florida Constitution provides that it is the policy of the State to conserve
and protect natural resources and scenic beauty and that adequate provision shall be made by law
for the abatement of air and water pollution and of excessive and unnecessary noise and for the
conservation and protection of natural resources; and
WHEREAS, the City Council also finds that the public beaches are an invaluable asset
held in trust by the City for recreational use by residents and visitors alike; and
WHEREAS, the City Council finds that the City's well-being is substantially dependent
upon a high quality of outdoor life for its residents and visitors which is, in turn, dependent upon
maintaining attractive and inviting beaches and parks; and
WHEREAS, the City Council hereby finds that this Ordinance is necessary to preserve
and protect the scenic beauty of the City's public beaches, parks, and other public spaces and the
public's enjoyment and safety thereof; and
WHEREAS,the City Council also finds that this Ordinance will appropriately balance the
Constitutional rights of those individuals who are found to be camping or sleeping on public
property with the need to preserve and protect the City's public spaces as described above; 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
City of Cape Canaveral
Ordinance No.03-2017
Page 1 of 5
Canaveral.
Section 2. Code Amendment. Chapters 2 and 50 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 Chapters 2 or 50. It is intended that the text in Chapters 2 and 50 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
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 N.
(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 N.
(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.
City of Cape Canaveral
Ordinance No.03-2017
Page 2 of 5
(17) Chapter 6, article III, Possession and Consumption ..... Class I.
(18) Chapter 50, Section 50-4, Sleeping and Camping in Public Areas and Beaches ....
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 50 Offenses and Miscellaneous Provisions
Sec. 50-4. - Sleeping and camping in public areas and beaches.
* * *
(f) Enforcement and penalties.
(1) Any person who is observed engaging in any activity prohibited by this section shall
vacate the particular place at issue upon the request of an authorized official or law
enforcement officer. The willful refusal to vacate the area shall be subject to a penalty as
provided in section 4-43 50-4(0(4) of the City Code. Excluding situations when a person is
trespassing upon private property, if a law enforcement officer or other official encounters a
person engaged in an activity prohibited by this section and that person volunteers that he or
she has no home or permanent shelter, that person must be given an opportunity to enter a
homeless shelter or similar facility,if available,or be placed on public property where the city
or Brevard County has authorized camping or overnight sleeping. If no such facility or public
property is available, an arrest may not be made. A homeless shelter or similar facility is
deemed"available"when it has an available overnight space, open to an individual or family
unit experiencing homelessness at no charge. To qualify as available, the space must take
into account sex, marital and familial status, and disabilities. However, if the individual
cannot utilize the overnight shelter space due to voluntary actions such as intoxication, drug
use, unruly behavior, or violation of shelter rules, the overnight shelter space shall still be
considered available. Situations involving trespass upon private property shall be handled
by law enforcement in accordance with trespass laws.
al If personal property remains in violation of subsection(d) after an arrest, entrance into a
homeless shelter or similar facility, or if it is otherwise left unattended, the city's law
enforcement officer or official may remove such personal property to a secure location for a
period of not less than (90) days. Notice of the removal shall be posted and remain at the
nearest reasonable location to the place of removal with the city's contact information and
instructions on how to redeem removed property for the ninety (90) day period or, if the
individual claiming ownership of the property is present at the time of removal, such notice
shall be provided to the individual personally. If property is not claimed within the ninety
(90) day period, the property shall be deemed abandoned and the City shall have the right to
City of Cape Canaveral
Ordinance No.03-2017
Page 3 of 5
dispose of the property. An individual claiming the property shall produce identification and
shall sign a release form providing his or her name and contact information and swearing that
the property belongs to the claiming party. Nothing herein shall limit or restrict the City and
its officials from immediately destroying hazardous debris, trash, and items posing an
immediate risk to public health and safety, such as syringes. Items such as medicine,
personal identification, photographs, family memorabilia, toiletries, clothing, cell phones,
sleeping bags and blankets, and non-hazardous items in containers, such as backpacks or
boxes, shall not be considered garbage and shall be removed and stored in accordance with
this section.
al Should the City or its officials desire to clean up public property being used for camping
while personal property remains attended, the City shall prominently post a Notice to Vacate
at the particular camping location at least twenty-four (24) hours in advance of the cleaning.,
except that notice shall not be required prior to removal of personal property or trash posing
an immediate risk to public health and safety. Personal property remaining at the time of the
scheduled cleaning may be removed. Such personal property shall be stored and post-
removal notice shall be posted as provided above in this section.
(4) Any person who violates or fails to comply with any provisions of this Section 50-4
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
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
City of Cape Canaveral
Ordinance No.03-2017
Page 4 of 5
adoption by the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Ca • • -ral, Florida, this 21st day of February,
2017. „pir,,.,,
'CPNAV-
4'` ` ,,
.
7- ' ,..0%.
C- � Bob Hoog, Mayor AO
ATTEST: 1 '_ 1 : `'' For Against
Mike Brown x
,,__
M Goforth, C v Y ,�,.�?;- Robert Hoog x
City Clerk
Brendan McMillin x
Rocky Randels Second
Betty Walsh Motion
Approved .: o legal form and sufficiency
for the 'ty o Cape Canaveral only by:
41111111111/
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No.03-2017
Page 5 of 5