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HomeMy WebLinkAboutP&Z Agenda Packet 7-5-2017PLANNING & ZONING BOARD REGULAR MEETING CAPE CANAVERAL PUBLIC LIBRARY 201 POLK AVENUE July 5, 2017 6:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: PUBLIC PARTICIPATION: Any member of the public may address any items that do not appear on the agenda and any agenda item that is listed on the agenda for final official action by the Planning & Zoning Board excluding public hearing items which are heard at the public hearing portion of the meeting, ministerial items (e.g. approval of agenda, minutes, informational items), and quasi-judicial or emergency items. Citizens will limit their comments to three (3) minutes. The Planning & Zoning Board will not take any action under the "Reports and Open Discussion" section of the agenda. The Planning & Zoning Board may schedule items not on the agenda as regular items and act upon them in the future. NEW BUSINESS: I. Quasi -Judicial and/or Public Hearing: Consideration and Recommendation to City Council Re: Ordinance No. 11-2017, prohibiting Medical Marijuana Treatment Center Dispensing Facilities from locating within the City; adopting other conforming amendments to the City Code to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing Facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the City Code; severability; and an effective date - City of Cape Canaveral - Applicant REPORTS AND OPEN DISCUSSION: ADJOURNMENT: Planning & Zoning Board — Agenda Page 2 July 5, 2017 Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the Planning & Zoning Board 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. In accordance with the Americans with Disabilities Act: all interested parties may attend this Public Meeting. The facility is accessible to the physically handicapped. Persons with disabilities needing assistance to participate in the proceedings should contact the Community Development Department (868-1222, ext. 15) 48 hours in advance of the meeting. City of Cape Canaveral Planning and Zoning Board Meeting Date: 7/5/2017 Item No. I— Subject: Ordinance No. 11-2017; an ordinance of the City Council of the City of Cape Canaveral, Brevard County, Florida; prohibiting Medical Marijuana Treatment Center Dispensing Facilities from locating within the City; adopting other conforming amendments to the City Code to effectuate the prohibition of Medical Marijuana Treatment Center Dispensing Facilities within the City; providing for the repeal of prior inconsistent ordinances and resolutions; incorporation into the City Code; severability; and an effective date, first reading. Department: Community Development (CD) Applicant/Owner: City of Cape Canaveral Summary: On September 16, 2014, the City Council adopted Ordinance No. 09-2014 to establish operational and locational criteria related to Medical Marijuana Treatment Centers. The Ordinance was in anticipation of the November 4, 2014 referendum on The Florida Medical Marijuana Initiative (Amendment 2). Amendment 2, which was approved by 71 percent of the electorate, took effect on January 3, 2017 and required laws be in place by July 3, 2017 for how patients can qualify and receive medical marijuana. Governor Rick Scott signed legislation (SB 8-A), which was crafted during the Legislative Special Session, on June 23, 2017 to implement Amendment 2. Highlights of the legislation include: • Exempts marijuana and marijuana delivery devices from sales and use tax. • Establishes procedures for physicians to issue certifications to patients who have qualifying medical conditions. • Allows marijuana edibles and vaping, but prohibits smoking. • Eliminates a 90 day waiting period for a patient to receive medical marijuana. • Establishes qualifications to become a caregiver to assist qualified patients. Another notable provision of the newly signed law is that it contains specific preemption provisions regarding dispensary facilities. Specifically, SB 8-A provides that a municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within its boundaries. However, if a municipality does not ban dispensing facilities, it may not place specific limits either on the number of dispensing facilities that may locate in the municipality and, further, may not enact ordinances for permitting or determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies. In short, local governments can either completely ban dispensing facilities or allow them to locate anywhere that a pharmacy can. With respect to Cape Canaveral, this would allow a Center to be located anywhere within the Astronaut Boulevard corridor as well as a large percentage of Planning & Zoning Board Meeting Date: 07/5/2017 Ordinance No. 11-2017 Page 2 of 2 the N. Atlantic corridor. Further, the City would not be allowed to restrict the number of Centers or establish spacing standards from schools, daycares, parks, etc. This is in stark contrast to the City's current rules that treats a Center similar to a pain management clinic in that these facilities are limited to property zoned Cl, C2, or M1 as a Special Exception. The City also established separation requirements of no less than one -half - mile distance between each pain management clinic and/or medical marijuana treatment center — regardless of the municipal boundaries of the City. The Centers are also required to be spaced a minimum of 1,000 feet from any public or private school, church or daycare facility. To maintain land use control over dispensing facilities, the proposed Ordinance (Attachment 2) would ban these facilities from being located within the City limits. Notable provisions include: 1. The term "Medical Marijuana Treatment Center" is redefined to "Medical Marijuana Treatment Center Dispensing Facility" in Sec. 110-1 to make it consistent with the newly enacted law. 2. A Medical Marijuana Treatment Center has been removed from the list of Special Exceptions within the C-1, C-2 and M-1 zoning districts (Article VII, Division 5). 3. References to "Medical Marijuana treatment Centers have been removed from Sec. 110- 489 (Supplementary District Regulations). Attachment: 1 - Ordinance No. 11-2017 The CD Staff recommends that the Planning and Zoning Board take the following action: Recommend approval of Ordinance No. 11-2017 to the City Council. CD Director: David Dickey \ \ / Date: 6/30/2017 ATTACHMENT 1 ORDINANCE NO. 11-2017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; PROHIBITING MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES FROM LOCATING WITHIN THE CITY; ADOPTING OTHER CONFORMING AMENDMENTS TO THE CITY CODE TO EFFECTUATE THE PROHIBITION OF MEDICAL MARIJUANA TREATMENT CENTER DISPENSING FACILITIES WITHIN THE CITY; 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, currently, the City regulates Medical marijuana treatment centers in a similar manner as pain management clinics, which are permitted by special exception in the C-1, C-2, and M-1 zoning districts, subject to the general conditions for special exceptions and additional requirements established in Sec. 110-489 of the Land Development Code; and WHEREAS, the City's current regulations were adopted in 2014, prior to Florida voters approving the Florida Right to Medical Marijuana Initiative ("Amendment 2"), which amended the Florida Constitution to authorize "Medical Marijuana Treatment Centers"; and WHEREAS, the Florida Legislature passed SB 8-A, amending section 381.986, Florida Statutes, in the 2017 Special Session, approved by the Governor on June 23, 2017, which implements Amendment 2 and which further contains specific preemption provisions regarding dispensary facilities of medical marijuana treatment centers; and WHEREAS, specifically, SB 8-A provides that a municipality may, by ordinance, ban medical marijuana treatment center dispensing facilities from being located within the boundaries of that municipality, but that a municipality that does not ban dispensing facilities may not place specific limits either on the number of dispensing facilities that may locate in the municipality and, further, may not enact ordinances for permitting or determining the location of dispensing facilities which are more restrictive than its ordinances permitting or determining the locations for pharmacies licensed under chapter 465, Florida Statutes; and WHEREAS, the City Council determines that it must update its ordinances relating to medical marijuana treatment center dispensing facilities to comply with state law; and WHEREAS, the City Council determines that it is in the best interests of the public health, safety, and welfare of the citizens of Cape Canaveral to ban medical marijuana treatment center dispensing facilities from being located within the boundaries of the City. City of Cape Canaveral Ordinance No. -2017 Page I of 10 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. Chapter 110 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 110. It is intended that the text in Chapter 110 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Chapter 110 — ZONING ARTICLE I. — IN GENERAL Sec. 110-1. - Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: *** Medical marijuana treatment center dispensing facility means an entity th ultivates, , oils, E) r- eintments), transfers, trafispet4s, sells, dist-Fibutes, dispenses, of to quaiifying pa4ieats or- their- per-senal ear-egiver-s and is registered by the state depaftment of a facility of a medical marijuana treatment center, as that term is defined in s. 29, Art. X of the Florida State Constitution which dispenses marijuana products containing marijuana, related supplies or educational materials to qualifying patients or their personal caregivers, as defined In s 29 ArtX of the Florida State Constitution and section 381.986 Florida Statutes, but shall not include facilities growing, cultivating or processing_ marijuana or derivative products. *** ARTICLE VII. — DISTRICTS *** DIVISION 5. — C-1 LOW DENSITY COMMERCIAL DISTRICT *** Sec. 110-334. - Special exceptions permissible by board of adjustment. (a) Special exceptions may be permitted for the following: City of Cape Canaveral Ordinance No. -2017 Page 2of10 (1) Automotive service stations that were lawfully approved and permitted by the city pursuant to a special exception prior to the effective date of Ord. No. 11-2015 [November 17, 2015] shall be considered a lawful, conforming use subject to all applicable conditions and requirements imposed by the city when said use was previously permitted. In addition, such automotive service stations may be modified to allow no more than ten fueling stations (where one vehicle can be accommodated for refueling) within any one filling station property or location, whether said filling station is located on one lot or comprises more than one lot. An automotive service station may be modified to allow up to 16 fueling stations on a single lot of at least one acre with at least 275 feet of single street frontage. Any request for a modification to such special exception is subject to Chapter 110, Article Il, Division 4, City Code, and all other applicable provisions of the City Code. (2) Pain management clinics, subject to the requirements of section 110-489 of this Code. (3) Mediraal fnaf�ua-aa tr-eatfnefit renters, subjeet to the r-equirefoents of ser -tion 110 489 -of this Code. (34) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. DIVISION 6. — C-2 COMMERCIAL/MANUFACTURING DISTRICT Sec. 110-343. - Special exceptions permissible by the board of adjustment. (a) Special exceptions may be permitted for the following: (1) Pain management clinics, subject to the requirements of section 110-489 of this Code. .t,:Cede.— (23) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. DIVISION 7. — M-1 LIGHT INDUSTRIAL AND RESEARCH AND DEVELOPMENT DISTRICT Sec. 110-354. - Special exceptions permissible by board of adjustment. (a) Special exceptions may be granted for the following: City of Cape Canaveral Ordinance No. -2017 Page 3 of 10 (1) Conveyor systems for purposes of moving aggregate and other materials, subject to the following: a. Conveyor systems must be connected and adjacent to Port Canaveral. b. Conveyor systems crossing the setback must be constructed in a north -south direction, perpendicular to Port Canaveral. c. Conveyor systems must be completely enclosed where located within a setback. d. Conveyor systems shall not exceed 30 feet in height, where located within a setback. e. Conveyor systems in the setbacks shall not be located within 750 feet from any other existing or approved conveyor system(s). This measurement shall be drawn as a straight line connecting the conveyor systems. (2) Pain management clinics, subject to the requirements of section 110-489 of this Code. .i3O (34) Commercial establishments which sell, dispense, serve or store alcoholic beverages or which permit the consumption of alcoholic beverages on their premises subject to section 110-171. ARTICLE IX. — SUPPLEMENTARY DISTRICT REGULATIONS DIVISION 1. — GENERALLY Sec. 110-489. - Pain management clinic and medical marijuana treatment center dispensing facility regulations -04L (11) Pain management clinics may only be permitted by special exception in the C-1, C-2 and M-1 zoning districts, subject to the general conditions for special exceptions and subject to the following requirements: (a) State registration. Pain management clinics must be registered with the state if required by Florida law. If registration is required by state law, then proof of registration, application for registration or letter of exemption must be provided with the special exception application for the pain management clinic (b) Pain management clinic licensing. Each pain management clinic shall be operated by a medical director who is a Florida -licensed physician, board-certified in pain medicine, and who shall be responsible for complying with all requirements related to registration and operation of the clinic. The designated physician must have a full, active, and unencumbered license under F.S. ch. 458 or ch. 459, and shall practice at the clinic location for which the physician has assumed responsibility. Within ten days after termination or absence of the medical director, the clinic must notify the city of the identity of another medical director for the clinic. City of Cape Canaveral Ordinance No. -2017 Page 4 of 10 (c) Separation requirements from similar uses. There shall be no less than one -half -mile distance between each pain management clinic reenter- regardless of the municipal boundaries of the city. (d) Separation requirements from schools, churches and daycare facilities. No pain management clinic shall be permitted to locate within 1,000 feet of any public or private school, church, or daycare facility and no public or private school, church, or daycare facility shall be permitted to locate within 1,000 feet of a pain management clinic (e) Hours of operation. Pain management clinics shall only be permitted to operate between the hours of 9:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to 12:00 p.m. on Saturday. (f) Requirement for indoor operation and prohibition on loitering. There shall be no outdoor seating areas, queues, or customer waiting areas. All activities of the pain management clinic ; including sales, display, preparations and storage; shall be conducted entirely within an enclosed building. A pain management clinic shall provide adequate seating for its patients and business invitees. The pain management clinic shall not direct or encourage any patient or business invitee to stand, sit, gather or loiter outside of the building where the clinic or center operates, including in a parked car, including in any parking areas, sidewalks, rights-of-way, or neighboring properties for any period of time longer than reasonably required for patients to conduct their official business and depart. The pain management clinic shall post conspicuous signs on at least three sides of the building stating that no loitering is allowed on the property. (g) Vehicular traffic. The pain management clinic shall ensure that there is no queuing of vehicles in the rights-of-way. No pain management clinic shall have a drive-through or drive-in service aisle. (h) Prohibition of on-site consumption of pain management drugs, marijuana or alcohol. No consumption of a pain management drug, marijuana, or alcoholic beverage shall be allowed on the premises, including in the parking areas, sidewalks, or rights-of-way. (i) Parking. Any parking demand created by a pain management clinic ;featmen shall not exceed the parking spaces located or allocated on site, as required by the city's parking regulations. An applicant shall be required to demonstrate that on-site traffic and parking attributable to the pain management clinic_ will be sufficient to accommodate traffic and parking demands it generates, based upon a current traffic and parking study prepared by a certified professional. (j) Prohibition on cash only businesses. Limiting payment for goods or services to cash only is prohibited. (k) Daily reports required. Pain management clinics shall be required to submit to the Brevard County Sheriffs Office a daily summary containing the following information from the prior business day: (i) The total number of prescriptions written that day; City of Cape Canaveral Ordinance No. -2017 Page 5 of 10 (ii) The total number of doses of drugs sold and/or dispensed by the pain management clinic that day (including samples), specifying how many doses were sold or dispensed; the person prescribing or dispensing same; and the manner of payment by each person who was dispensed drugs at the clinic that day; and (iii) The state of residence of each person to whom drugs were prescribed or dispensed that day. (1) Prohibition on home occupations. A pain management clinic tfeat ent eentef shall not be permitted as a home occupation. (m) No pain management clinic shall be wholly or partially owned by, or have any contractual relationship (whether as a principal, partner, officer, member, managing member, employee, independent contractor, or otherwise) with any physician, pharmacist, or any other person who prescribes drugs and who, within five years prior to the receipt of any application for special exception: (i) Has been suspended, had his or her license revoked, or been subject to disciplinary action for prescribing, dispensing, administering, providing, supplying, or selling any controlled substance in violation of any state, federal, or similar law where such person is licensed to practice; (ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying, or selling any controlled substance; (iii) Has been suspended, had his or her license revoked, or been subject to disciplinary action by any state, federal, or other governmental entity where such person is licensed to practice; (iv) Has had any state, federal, or other governmental entity where such person is licensed to practice take any action against such person's license as a result of dependency on drugs or alcohol; or (v) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. (n) No pain management clinic shall be wholly or partially owned by, or have as a principal, partner, officer, member, managing member, or otherwise where the owner is an entity, any person who: (i) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs or alcohol; or (ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude. (o) No pain management clinic shall employ any person, as an independent contractor or otherwise, who: (i) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, a violation of any state, federal, or similar law related to drugs City of Cape Canaveral Ordinance No. -2017 Page 6 of 10 or alcohol, specifically including but not limited to, prescribing, dispensing, administering, providing, supplying or selling any controlled substance; or (ii) Has been convicted of, pled nolo contendere to, or violated any plea agreement regarding an arrest for, any felony or crime involving moral turpitude within the five years preceding the application for special exception. (i) Any laadler-d, !easing agent, of: owner- of pr-epefty upen �Miirah a pain Management r-egulatiens pr-efflulgated by the sta4e depaAmeat of health, must prevent, step, or- take (ii) Landlords who lease spaeo to a fnedjeaj mar-�ueAa tfea4fneat eenter- must e*pr-essly (q) Additional application information. An applicant seeking a special exception for a pain management clinic shall, in addition to the general application information required for special exceptions, provide the following: (i) The pain management clinic's registration number issued by the Florida Department of Health, as required by Florida law. (ii) For pain management clinics, the name of the medical director, as required herein, responsible for complying with all requirements related to operation of the pain management clinic and the medical director's Drug Enforcement Agency number. (iii) A list of all persons associated with the management or operation of the pain management clinic , whether paid or unpaid, part-time or full-time, including all contract labor and independent contractors. This list shall include, but not be limited to, all owners, operators, employees and volunteers. For persons listed, the following additional information must be provided: (A) Person's title, current home address, telephone number and date of birth; (B) List of all criminal convictions whether misdemeanor or felony; that are drug related; (C) A copy of a current Florida driver's license or government issued photo identification; and (D) A set of fingerprints. (iv) If the property owner is different from the owner of the pain management clinic of the applicant shall provide the name, address, telephone number and a copy of a Florida driver's license or government issued photo identification of the property owner along with the application. (v) An inventory of diagnostic equipment to be located at the clinic; (vi) A natural disaster management plan; City of Cape Canaveral Ordinance No. -2017 Page 7of10 (vii)A floor plan showing the location and nature of adequate security measures, including those required by the State of Florida for controlled substances, to safeguard all drugs to be dispensed in the course of its business. (viii) An affidavit of the medical director of the pain management clinic, or ewile-- of signed under oath, attesting: (A) That their practice is located at the subject site; (B) That no employees of the facility have been convicted of a drug-related felony within the five years preceding the application for special exception; (C) That the pain management clinic will not knowingly employ any such convicted felons thereafter; and (D) For pain management clinics, that the medical director shall be required to inform the city within ten days should the medical director be terminated or otherwise leave the affiliation of the pain management clinic as medical director. The medical director of the pain management clinic,-er- o.:nerf the meu: shall be required to keep all application information updated with the city at all times, even after issuance of a special exception, and said information shall be verified annually by the city in conjunction with the city's local business tax receipt renewal process. The medical director of the pain management clinic, shall notify the city of any change to the information within ten days of any new person becoming associated with the pain management clinic or any other change to the application information required herein. Failure to properly maintain updated information with the city shall be grounds for revocation of the special exception. (r) Single special exception application/Single classification of special exception. Only one special exception may be issued for a location or any single building and only under a single classification for either a pain management clinic or medical marijuana treatment center. (s) Compliance with law. The pain management clinic shall at all times be subject to the requirements of all applicable federal, state, county and local laws and ordinances, as they may be amended from time to time. (t) Suspension or revocation of special exception. Any special exception granted for a pain management clinic may be temporarily suspended or absolutely revoked by majority vote of the board of adjustment at a public hearing, when the board of adjustment has determined by competent substantial evidence that either: (i) The pain management clinic has obtained the special exception upon false statements, fraud, deceit, misleading statements, or suppression of material facts; (ii) The pain management clinic has committed substantial violations of the terms and conditions on which the special exception was granted; City of Cape Canaveral Ordinance No. -2017 Page 8 of 10 (iii) The pain management clinic no longer meets the requirements of this section or other applicable law; or (iv) The medical director or any other employee of the pain management clinic or- fnedisal knowingly allowed illegal activities to be conducted on the premises. Prior to any special exception being revoked, the pain management clinic of fnedical shall be provided with minimum due process including notice of the grounds for revocation and hearing date, an opportunity to be heard, the right to present evidence, and the right to cross-examine adverse witnesses. (u) Certification affidavit by applicants for related uses. (i) Any application for a business tax receipt under chapter 70 of this Code, as a pain management clinic as such terms are is defined in section 110-1 of this Code, shall be accompanied by an executed affidavit certifying registration with the State of Florida and the city as a pain management clinic &F as a medieal t -'' `_' . The failure of an � , rr applicant to identify the business in the application for a business tax receipt as a pain management clinic will result in the immediate expiration of the business tax receipt and immediate ceasing of all activity conducted in the pain management clinic (ii) Any applicant's application for a business tax receipt and executed affidavit relating to use as a pain management clinic , where applicable, shall be provided to the city building division at the time of the proposed use. (2) Medical marijuana treatment center dispensing facilities shall be prohibited from locating in any district of the City. 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 City of Cape Canaveral Ordinance No. -2017 Page 9 of 10 01; M 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 City of Cape Canaveral Ordinance No. -2017 Page 9 of 10 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 day of 92017. Bob Hoog, Mayor ATTEST: For Against Mia Goforth, CMC City Clerk Approved as to legal form and sufficiency for the City of Cape Canaveral only by: Anthony A. Garganese, City Attorney Mike Brown Robert Hoog Brendan McMillin Rocky Randels Betty Walsh City of Cape Canaveral Ordinance No. --2017 Page 10 of 10