HomeMy WebLinkAboutResolution No. 2018-04 RESOLUTION NO. 2018-04
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
PURSUANT TO SECTIONS 14-28 AND 54-13, CITY CODE,
ALLOWING DOGS TO BE WITHIN CITY PARKS
(EXCLUDING BEACHES) PROVIDED SUCH DOGS ARE
ON LEASH AND UNDER CONTROL BY THEIR HANDLER;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT RESOLUTIONS,SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, Sections 14-28 and 54-13 of the City Code prohibits animals within City
Parks including any beach areas unless animals are allowed to be present at a specific City park
by designation and if allowed, such presence must be in accordance with the rules established and
promulgated by the City; and
WHEREAS,over the years,many residents have expressed a desire to be able to visit City
Parks with their dog for walking and exercise opportunities as well as for their and their dog's
general health and well-being; and
WHEREAS, after consideration by, and advice from, the Culture and Leisure Services
Board, the City Council believes that allowing dogs on leashes would not present any conflicts or
park management problems; and
WHEREAS,the public feedback received by City staff prior to presenting this Resolution
for the City Council's consideration has been very favorable in support of allowing dogs within
City parks provided such dogs were on leash and under the control of their handler; and
WHEREAS, in addition, no conflicts or park management problems are anticipated as a
result of this Resolution; and
WHEREAS,based on the public feedback and experience,City staff has also recommend,
and the City Council desires to allow dogs to be within City parks (excluding beaches) provided
such dogs are on leash and under control by their handler; and
WHEREAS, the adoption of this Resolution by the City Council is hereby deemed in the
best interests of the public health, safety and welfare of the citizens of Cape Canaveral.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cape
Canaveral, Florida:
Section 1. Recitals. The foregoing recitals contained in the preamble to this Resolution are
incorporated by reference herein.
Section 2. Dogs Allowed Within City Parks (Excluding Beach Areas) - Generally.
City of Cape Canaveral
Resolution 2018-04
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(a) Pursuant to Sections 14-28 and 54-13 of the City Code, the City Council hereby allows
dogs to be permitted within City parks, excluding beach areas, provided such dogs are on leash
and under the control of their handler.
(b) City parks at which dogs are allowed shall be properly identified and posted by City staff.
(c) Dogs allowed within City parks shall be subject to other applicable City ordinances, and
shall also be subject to other rules promulgated by the City to implement this Resolution in
accordance with Section 54-24 of the City Code.
(d) This Resolution shall not be construed or interpreted as allowing dogs within beach areas.
Dogs and other animals within beach areas shall remain prohibited unless otherwise determined
by the City Council.
(e) This Resolution shall also not be construed or interpreted as allowing other kinds of
animals within City parks which shall remain prohibited unless otherwise determined by the City
Council.
(f) The City Council reserves the right to repeal or amend the policy promulgated by this
Resolution in the future.
(g) Notwithstanding the provisions of this Resolution, the rights of persons to use service
animals in accordance with the provisions of State and Federal law shall not be violated or abridged
by application of the provisions of this Resolution.
Section 3. Repeal of Prior Inconsistent Resolutions. All resolutions or parts of resolutions
in conflict herewith are hereby repealed to the extent of the conflict.
Section 4. Severability. If any section, subsection, sentence, clause, phrase, word or portion
of this Resolution is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such
holding shall not affect the validity of the remaining portion hereto.
Section 5. Effective Date.This Resolution shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[Adoption Page follows]
City of Cape Canaveral
Resolution 2018-04
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ADOPTED in a Regular Meeting of the City Council of the City of Cape Canaveral, Florida, this
15th day of May 2018.
Bob Hoog, Mayor
ATTEST: Name FOR AGAINST
Mike Brown x
Mia Goforth,CMC Bob Hoog Second
City Clerk
Wes Morrison Motion
Rocky Randels x
Angela Raymond x
Approved as to legal form and sufficiency
For the City of Cape Canaveral only by:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution 2018-04
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