HomeMy WebLinkAboutOrdinance No. 14-2013 public participationORDINANCE NO. 14-2013
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING
SECTIONS 2-66 AND 2-68 OF THE CITY CODE RELATED
TO PUBLIC INPUT & PARTICIPATION AT CITY
COUNCIL MEETINGS; PROVIDING THAT THE CITY
COUNCIL SHALL ESTABLISH A POLICY AFFORDING
MEMBERS OF THE PUBLIC A REASONABLE
OPPORTUNITY TO BE HEARD DURING CITY COUNCIL
MEETINGS CONSISTENT WITH APPLICABLE LAW;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTIONS;
INCORPORATION INTO THE 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 Legislature of the State of Florida adopted S.B. 50, codified at Section
284.0114, Florida Statutes, which became effective on October 1, 2013; and
WHEREAS, Section 284.0114, Florida Statutes, provides that members of the public
shall be given a reasonable opportunity to be heard on a proposition before a board or
commission, which includes the City Council; and
WHEREAS, in light of this new legislation, the City Council desires to amend the City
Code with respect to certain rules and procedures applicable to public input during City Council
meetings; 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.
BE IT ORDAINED 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. Amendment to Section 2-66 and 2-68, City Code. Sections 2-66 and 2-
68 of the Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows
(underlined type indicates additions and ,tiiktt t type indicates deletions, while asterisks (* * *)
City of Cape Canaveral
Ordinance No. 14-2013
Page 1 of 4
indicate a deletion from this Ordinance of text existing in Sections 2-66 and 2-68. It is intended
that the text in Sections 2-66 and 2-68 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Sec. 2-66. - Consideration of matters before council.
(f) The city council shall establish, by resolution, policies and procedures affording
members of the public a reasonable opportunity to be heard during city council meetings
consistent with applicable law. Any cit;acn or ilitLrestLd party at t11 1iLd111g
may vially Ycliliun tnc pi a11111wJ t11L uui1L11 vn 1J.Juw that aic l�cnig
LutiNidcicd by the city Lou/1cil. I1,inibbivn may
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(g) Each person addressing the council shall be required to speak from the podium or
at such other city designated speaker location; and shall give his or her name and address
in an audible tone for the minutes ,
the couficil, shall limit his o1 hc1 address to frae nnnn trs. No person other than
councilmembers and the person having the floor shall be permitted to enter into any
discussion either directly or through a member of the council without the permission of
the presiding officer. No question shall be asked of councilmembers, the city manager,
city attorney, or staff except through the presiding officer. Councilmembers, the city
manager, city attorney, and staff are not required to respond directly to persons
addressing the council, but may respond in the discretion of the council or as required by
law.
***
Sec. 2-68. - General Discussion.
Every regular meeting of the city council shall include a period of time, which shall
occur during the public input portion of the meeting, hmitcd to onc-qualtcl hour for the purpose
of a question -and -answer session during which any person from the audience may direct
questions concerning city business or affairs to any member of the council or officer or official
of the city. The limitations and requirements set forth in section 2-66 shall apply. In addition, the
following other requirements shall apply:
City of Cape Canaveral
Ordinance No. 14-2013
Page 2 of 4
(a) If it appears that a matter presented by a speaker during general discussion is
administrative in nature, and the question or matter raised can be adequately answered or
addressed by the city manager or administrative staff, the city council may request, upon
consensus or proper motion and majority vote, that the speaker refer the matter to the city
manager or his designee during normal city business hours. If such a referral is made by
the city council, the speaker shall have no further right to present that matter at the
meeting. If the speaker is not adequately satisfied by the city's administrative staff upon
proper referral, the speaker shall have the right to bring the matter in question before the
city council during the general discussion portion of any subsequent regular city council
meeting.
(b) The city council recognizes that the general discussion portion of the meeting is
for the purpose of legitimate inquiries and discussion by the public and not for the
purpose of advancing questions, arguments or repetitious questions concerning matters
which the city council believes to be closed, privileged and confidential, or not of general
public concern to the city. Further, it is not appropriate to address quasi-judicial and
public hearing items under general discussion. The city council shall have the right
during general discussion to decline to hear any person or any subject matter upon
consensus or proper motion and majority vote by the city council.
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
adoption by the City Council of the City of Cape Canaveral, Florida.
[ADOPTION PAGE FOLLOWS]
City of Cape Canaveral
Ordinance No. 14-2013
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19thday of
November , 2013.
ATTEST:
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ROCKY RANDELS, Mayor
AN LA AYPERSQN, City Clerk
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First Reading: October 15, 2013
Advertisement: October 24, 2013
Second Reading: November 19, 2013
Appro d s to form and legal sufficiency for
the C a Canaveral only:
Anthony A. Garganese, City Attorney
John Bond
Bob Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
City of Cape Canaveral
Ordinance No. 14-2013
Page 4 of 4
X
Motion
Second
Against