HomeMy WebLinkAboutcocc_resolution_no_2020-09_20200414RESOLUTION NO. 2020-09
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA;
CONFIRMING AND EXTENDING THE COVID-19 DECLARATION OF CIVIL
EMERGENCY APPROVED BY THE MAYOR ON MARCH 16, 2020; AFFIRMING
AND RATIFYING THE MAYOR'S SUPPLEMENTAL EMERGENCY ORDERS NO. 1
(TEMPORARILY TOLLING TIME PERIODS FOR PROCESSING DEVELOPMENT
PERMIT APPLICATIONS), NO. 2 (TEMPORARILY ALLOWING USE OF FEATHER
FLAGS AND SNIPE SIGNS BY BUSINESSES), AND NO. 3 (TEMPORARY BEACH
USE RESTRICTIONS AND AMENDING USE OF FEATHER FLAGS AND SNIPE
SIGNS TO "ESSENTIAL SERVICE" BUSINESSES ONLY); AFFIRMING AND
RATIFYING THE CITY MANAGER'S EMERGENCY ORDER NO. 1 (PROHIBITING
THE USE OF PUBLIC BEACH -END PARKING SPACES WITHIN CITY
RIGHTS -OF -WAY FOR BEACH ACCESS); PROVIDING FOR THE FUTURE
TERMINATION OF THE CIVIL EMERGENCY BY THE CITY COUNCIL AT A LATER
DATE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT RESOLUTIONS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, this Resolution is adopted in accordance with the emergency powers vested
in the City of Cape Canaveral pursuant to Chapter 252, Florida Statutes, Chapter 18 of the City
Code and other applicable law (hereinafter referred to as "City's Emergency Powers"); and
WHEREAS, following declarations of emergency issued respectively by the President of
the United States, Governor Ron DeSantis and Brevard County, the Mayor of Cape Canaveral, by
the powers vested in the Mayor by law, issued a local Declaration of Emergency within the City of
Cape Canaveral regarding COVID-19 on March 16, 2020 (hereinafter referred to as "Declaration");
and
WHEREAS, after the issuance of the Declaration, on March 31, 2020, the President updated
federal public health guidance regarding COVID-19 and issued an advisory called "30 Days to
Slow the Spread," and along with the White House Coronavirus Task Force urged Americans to
continue to adhere to CDC social distancing guidelines and expand community mitigation efforts
to avoid gatherings of more than 10 people; and
WHEREAS, in furtherance of the President's guidance and the guidance of the State
Surgeon General, Governor DeSantis has issued several Executive Orders to -date that restrict
certain activities and the operations of various businesses in order to implement and comply with
social distancing guidelines and mitigate against the spread of COVID-19, strengthened public
health measures in response to COVID-19, and temporarily authorized local government boards
to conduct virtual public board meetings using communication media technologies such as
telephonic and video conferencing in an effort to assist local governments to conduct board
business while avoiding public in -person group meetings; and
City of Cape Canaveral
Resolution No. 2020-09
Page 1 of 4
WHEREAS, also after the issuance of the Declaration, Governor DeSantis issued
Emergency Executive Order Number 20-91 and 92 on April 2, 2020, imposing a "safer at home"
order which requires all persons in Florida to limit their movements and personal interactions
outside of their home to only those necessary to obtain or provide essential services or conduct
essential activities; and
WHEREAS, in furtherance of the Declaration, and an emergency action taken by Brevard
County, Canaveral Port Authority and other Brevard County Municipalities to close public beach
parking to limit public access to the beaches in order to mitigate against the occurrence of mass
gatherings and the spread of COVID-19, the City Manager issued Emergency Order CM #1
establishing an emergency measure pursuant to Section 18-3(m) of the City Code to likewise
prohibit the public's use of City public beach -end parking spaces located on City rights -of -way
for beach access purposes; and
WHEREAS, the City Council hereby finds that the City is currently in a state of emergency
due to the fact that in conjunction with other local, state and federal agencies, the City is required
to continue to take appropriate measures to deal with the COVID-19 emergency; and
WHEREAS, the City Council further finds that it is necessary and reasonable for the City
to continue lawfully exercising emergency powers invoked by the Declaration approved by the
Mayor as deemed necessary to preserve and protect the public health, safety and welfare of the
citizens of Cape Canaveral and City officials and staff; and
WHEREAS, pursuant to Section 18-4 of the City Code, the City Council finds that the
COVID-19 Emergency exists and it is necessary to confirm and extend the Declaration of Civil
Emergency approved by the Mayor until further notice of the City Council and to affirm and ratify
the previous Supplemental Emergency Orders issued by the Mayor and referenced herein; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Resolution to be in the best interest 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, AS FOLLOWS:
Section 1. Recitals. The following recitals are true and correct and hereby fully
incorporated herein by this reference as part of this Resolution.
Section 2. Confirming and Extending Civil Declaration of Emergency. Pursuant to
Section 18-4 of the City Code, the City Council hereby confirms and extends until further action
of the City Council, the Declaration of Civil Emergency approved by the Mayor on March 16, 2020.
City of Cape Canaveral
Resolution No. 2020-09
Page 2 of 4
An executed copy of the Declaration of Civil Emergency is attached to this Resolution and fully
approved by the City Council and incorporated herein by this reference.
Section 3. Affirming and Ratifying Prior Supplemental Emergency Orders by
Mayor and City Manager.
(a) Supplemental Emergency Orders Nos. 1, 2 and 3 issued by the Mayor in further of
the Declaration are hereby affirmed and ratified and shall remain in effect until amended or
cancelled by the City Council, Mayor or City Manager pursuant to the City's Emergency Powers.
(b) Emergency Order No. CM #1 issued by the City Manager prohibiting the public's
use of public beach -end parking spaces, which are located on City rights -of -way, for beach access
purposes shall remain in effect until amended or cancelled by the City Council, Mayor or City
Manager. An executed copy of Emergency Order CM#1 issued by the City Manager referenced
herein is attached to this Resolution and fully approved by the City Council and incorporated
herein by this reference.
(c) Neither this Section nor any other provision of this Resolution shall be construed
or interpreted as limiting or repealing any of the City's Emergency Powers, duties and
responsibilities vested in the City.
(d) Whenever any additional COVID-19 emergency measures or orders under Chapter
18 of the City Code and Chapter 252, Florida Statutes requires approval by the City, the City
Manager shall first attempt to convene a special or emergency meeting of the City Council to
consider the emergency measure or order. In the event that the City Council cannot be timely
convened to address the emergency measure or order, the Mayor and/or City Manager may adopt
the emergency measure or order subject to the City Council's review pursuant to Chapter 18 of
the City Code.
Section 4. Termination of Declaration of Civil Emergency. The Declaration of Civil
Emergency issued by the Mayor and approved hereunder shall remain in effect within the
jurisdictional limits of the City of Canaveral until terminated by the City Council by Resolution.
Section 5. Repeal of Prior Inconsistent Resolutions. All prior inconsistent
resolutions adopted by the City Council, or parts of resolutions in conflict herewith, are hereby
repealed to the extent of the conflict.
Section 6. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this resolution 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 resolution.
City of Cape Canaveral
Resolution No. 2020-09
Page 3 of 4
Section 7. Effective Date. This Resolution shall take effect immediately upon
adoption by the City Council.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, in a Regular
Meeting duly assembled on the 14th day of April, 2020.
ATTEST:
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
Bob Hoog, Mayor
Mike Brown
Robert Hoog
Mickie Kellum X
Wes Morrison X
Angela Raymond Second
For Against
Motion
X
City of Cape Canaveral
Resolution No. 2020-09
Page 4 of 4
BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL
DECLARATION OF CIVIL EMERGENCY
WHEREAS, Novel Coronavirus Disease 2019 (COVID-19) is a severe acute
respiratory illness that can be spread among humans through respiratory transmission and
presents with symptoms similar to those of influenza; and
WHEREAS, Governor DeSantis has issued Executive Order Number 20-52
declaring a state of emergency in the State of Florida regarding COVID-19, which is hereby
incorporated herein by this reference with respect to findings and applicability to the
municipalities within the State of Florida; and
WHEREAS, on March 13, 2020, President Donald Trump has declared a national
emergency regarding COVID-19; and
WHEREAS, on March 15, 2020, Brevard County declared a county emergency
regarding COVID-19; and
WHEREAS, the Centers for Disease Control and Prevention has issued interim
guidance for COVID-19 which currently recommends that for the next 8 weeks, organizers
(whether groups or individuals) cancel or postpone in -person events that consist of 50
people or more throughout the United States, and have recommended practicing "social
distancing" in public spaces to slow the spread of infection; and
WHEREAS, cities in the United States and foreign cities are experiencing COVID-
19 outbreaks that have had significant health, safety, and economic impacts on their
residents, businesses, and visitors, and have resulted in mandatory quarantines, self -
isolation, business supply chain interruptions, cancellations of school and conventions and
other actions affecting people's lives and livelihoods; and
WHEREAS, in furtherance of the emergency declarations of the President of the
United States, Governor of Florida, and Brevard County, I find it necessary, by virtue of the
authority vested in me as Mayor of the City of Cape Canaveral, Florida, to likewise declare
a local public health emergency within Cape Canaveral so the City may immediately take
emergency protective actions when necessary and do its part to attempt to slow the
spread of infection of COVID-19 and to take such steps deemed necessary to protect the
public health, safety and welfare; and
WHEREAS, Chapter 252.38(3)(a), Florida Statutes, provides authority for a political
subdivision such as the City of Cape Canaveral to declare a state of local emergency and
to exercise certain powers and authority to safeguard the lives and property of its citizens;
and
City of Cape Canaveral
Mayor Declaration of Emergency
COVID-19
Page 1 of 4
WHEREAS, pursuant to Section 18-2 of the City Code of the City of Cape Canaveral,
Florida, the Mayor shall have the right to declare a civil emergency provided the
declaration is in writing in the event the City Council cannot be convened at a meeting in
a timely manner to address the civil emergency; and
NOW, THEREFORE, BE IT DECLARED PURSUANT TO POWER VESTED IN ME,
AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that
COVID-19 poses a serious threat to the lives and property of the residents and businesses
of the City of Cape Canaveral and that a state of local emergency is declared effective this
16th day of March, 2020 for all the territory within the legal boundaries of the City of Cape
Canaveral.
SECTION 1. Recitals. The foregoing recitals are hereby fully
incorporated herein by this reference and are deemed a material part of this resolution.
SECTION 2. Emergency Powers. As Mayor, I hereby authorize the City
to exercise its authority and powers pursuant to Florida Statutes 252.38(3)(a) and Chapter
18 of the City Code, and under the direction of the City Manager to the extent necessary
to protect the public health, safety and welfare and the best interests of the City of Cape
Canaveral, which include the authority and powers to:
1. CONTRACTS; EQUIPMENT, SUPPLIES. Appropriately expended funds; make
contracts; obtain and distribute equipment, materials and supplies for emergency
management purposes; provide for the health and safety of persons and property,
including emergency assistance to the victims of any emergencies; and direct and
coordinate the development of emergency management plans set by the Federal
and State Emergency Management agencies.
2. ADDITIONAL PERSONNEL: Appoint, employ, remove, or provide (with or without
compensation) coordinators, rescue teams, fire and police personnel, and other
emergency management workers.
3. EMERGENCY OPERATING CENTERS: Establish, as necessary, a primary and one or
more secondary emergency operating centers to provide continuity of government
and direction and control of emergency operations.
4. ASSIGNMENT — CITY PROPERTY/PERSONNEL: Assign and make available for duty
the offices and agencies which operate under the City Council of the City of Cape
Canaveral, including the employees, property, and equipment thereof relating to
firefighting, engineering, rescue, health, medical and related services, police,
transportation, construction, and similar items or services for emergency operation
purposes, as the primary emergency management forces of the City of Cape
City of Cape Canaveral
Mayor Declaration of Emergency
COVID-19
Page 2 of 4
Canaveral for employment within or outside the political limits of the City of Cape
Canaveral.
5. REQUEST FOR ASSISTANCE: Request Federal, State and County assistance or
invoke emergency related mutual aid assistance by declaring a state of local
emergency in the event of emergency affecting the City of Cape Canaveral.
6. WAIVER OF PROCEDURES: To waive the procedures and formalities otherwise
required of the City of Cape Canaveral by law pertaining to:
a) Performance of public work and taking whatever prudent action necessary
to ensure the health, safety, and welfare of the community
b) Entering into contracts
c) Incurring obligations
d) Employment of permanent and temporary workers
e) Utilization of volunteer workers
f) Rental of equipment
g) Acquisition and distribution, with or without compensation, of supplies,
materials, and facilities
h) Appropriation and expenditure of public funds
7. DURATION OF DECLARATION. Pursuant to Section 18-4 of the City Code,
this declaration of civil emergency shall commence immediately, and shall
terminate when the declaration has been rescinded or terminated by resolution of
the City Council or written instrument executed by the undersigned Mayor.
8. CITY MEETINGS AND EVENTS. Unless otherwise directed by the City
Council, the City Manager is hereby authorized to cancel or postpone all City board
meetings and City hosted/organized/sponsored public events and gatherings as
deemed advisable under the guidance provided by public health officials.
SECTION 3. City Officials. All public officials and employees of
the City of Cape Canaveral are hereby directed to exercise the utmost diligence in the
discharge of the duties required of them for the duration of the emergency and in the
execution of emergency laws, regulations and directives, state and local.
SECTION 4. Citizens. All citizens are called upon to stay informed
about COVID-19 and are hereby directed to comply with the necessary emergency
measures, to cooperate with public officials and civil public health officials, and emergency
disaster service forces in executing the emergency operational plans, and to obey and
comply with the lawful directions of properly identified public officers.
SECTION 5. Severability. If any section, subsection, sentence, clause,
phrase, word, or portion of this declaration is for any reason held invalid or
City of Cape Canaveral
Mayor Declaration of Emergency
COVID-19
Page 3 of 4
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 6. Effective Date. This declaration shall become effective
immediately upon the execution of this declaration by the undersigned.
SECTION 7. Notice to the City Council. The City Clerk is hereby
directed to provide a copy of this declaration to all members of the City Council, City
Manager, City Attorney, City Department Directors, and other appropriate government
officials.
DECLARED by the Mayor of the City Council of the City of Cape Canaveral, Florida,
this 16th day of March, 2020.
•
TTEST (City S
Mia Goforth
City Clerk, MMC
Bob Hoog, Mayor
Approv • as to legal form and sufficiency for
The
Cape Canaveral only:
/IA A I
NTHONY A. 'ARGANESE, City A
City of Cape Canaveral
Mayor Declaration of Emergency
COVID-19
Page 4 of 4
BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL
DECLARATION OF EMERGENCY— COVID-19
SUPPLEMENTAL EMERGENCY ORDER #1
WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape
Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding
COVID-19 ("Declaration") following declarations of emergency issued respectively by the
President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall
remain in full force and effect until further notice; and
WHEREAS, the intent and purpose of this Supplemental Emergency Order is to
supplement the Declaration; and
WHEREAS. COVID-19 continues to pose an imminent risk to healthcare workers, first
responders, and emergency medical services workers caring for patients with COVID-19 and to
residents and businesses in Cape Canaveral and neighboring communities; and
WHEREAS, the Centers for Disease Control and Prevention ("CDC") currently recommends
mitigation measures in communities with COVID-19 cases including no meetings, events, or
gatherings with ten (10) or more people, staying at home when sick, keeping away from others
who are sick, and staying at home when a household member is sick with respiratory disease
symptoms or if instructed to do so by public health officials or a health care provider; and
WHEREAS, the ability to conduct public business in accordance with Florida's Sunshine
Law and quasi-judicial requirements at open public meetings is currently severely hampered; and
WHEREAS, formerly routine processes of the City, and elsewhere, are disrupted and taking
longer to accomplish due to coronavirus precautions being mandated by the federal, state and
county governments; and
WHEREAS, under the circumstances, additional time for applicants and the City to
complete and process development permit or development order applications will likely be
required during the current emergency; and
WHEREAS, during this emergency period, City staff will continue to process development
permit and development order applications as quickly as is possible under the circumstances; and
NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS
MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this
Supplemental Emergency Order is hereby adopted and applicable for all the territory within the
legal boundaries of the City of Cape Canaveral.
SECIll)K1, Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Supplemental Emergency Order.
SECTION 2" Tolling of Tinnefranmes for Processing Applications Under Section
166.033, Florida Statutes and City Code' The time frames for the City to process any and all
applications for development permits or development orders under Section 166.033' Florida
Statutes and applicable City [odes are hereby tolled until the City staff fully responds and
applicable City committees or boards take official act/on on the application, or the current
Declaration expires orbrescinded, whichever occurs first. Upon expiration V,rescission of the
Oedmnadoq the tinoefrarnes shall be extended by an additional thirty (30) days for pending
applications in order to provide a smooth transition for applicants to complete and the City to
process such applications. At the expiration or rescission of the Declaration, the subject matter of
this Supplemental Emergency Order shall be reevaluated in light ofconditions presented at that
tinne, and a determination ofwhether further extensions of the tirnefrarnes and this Order are
necessary-
'
EC]ION|�L Effective Date. This Supplemental Emergency Order shall become
effective immediately upon execution of this order by the undersigned.
Notice to the City Council' The City Clerk ishereby directed toprovide a
copy ofthis Supplemental Emergency Order toall members ofthe City Council, City Manager,
City Attorney, City Department Directors, and other appropriate government officials. In addition,
a copy shall also be provided to all current and future applicants of development permits and
development orders affected by this Supplemental Emergency Order.
DECLARED by the Mayor of the [hv of Cape Canaveral, Florida this Z»mdaV of March,
2020.
Bob Hoog, Mayor
Mia Goforth / "I
City Clerk, M 66
Approved as@mlegal form and sufficiency for
the Cit,y of Cape Canaveral, Florida only:
~
_
Anthony A. Ganganeae City Attorney
BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL
DECLARATION OF EMERGENCY — COVID-19
SUPPLEMENTAL EMERGENCY ORDER #2
(Feather Flags and Snipe Signs)
WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape
Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding
COVID-19 ('Declaration') following declarations of emergency issued respectively by the
President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall
remain in full force and effect until further notice; and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ('CDC') issued the '15 Days to Slow the Spread' guidance advising
individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more
than 10 people, and in states with evidence of community spread, bars, restaurants, food courts
gyms and other indoor and outdoor venues where groups of people congregate should be closed;
and
WHEREAS, in furtherance of the President's guidance and the guidance of the State
Surgeon General, Govemor DeSantis has issued several Executive Orders to -date that restrict the
operations of various businesses in order to implement and comply with social distancing
guidelines; and
WHEREAS, businesses around the country, including those in Cape Canaveral, that are still
permitted to operate have been forced to adapt to these social distancing guidelines and orders,
and are implementing creative operational changes to attract and service customers during the
emergency period; and
WHEREAS, as Mayor of the City of Cape Canaveral, I am committed to supporting retailers,
restaurants and their employees as they pursue creative business practices that safely serve
customers during this temporary period of social distancing and emergency, and
WHEREAS, the intent and purpose of this Supplemental Emergency Order #2 is to
supplement the Declaration; and
WHEREAS, COVID-19 continues to pose an imminent risk to healthcare workers, first
responders, and emergency medical services workers caring for patients with COVID-19 and to
residents and businesses in Cape Canaveral and neighboring communities; and
WHEREAS, the Centers for Disease Control and Prevention (`CDC' currently recommends
mitigation measures in communities with COVID-19 cases including no meetings, events, or
gatherings with ten (10) or more people, staying at home when sick, keeping away from others
who are sick, and staying at home when a household member is sick with respiratory disease
symptoms or if instructed to do so by public health officials or a health care provider, and
1
WHEREAS, in order to promote the sale of available and necessary goods and services to
the public and to attract potential customers in need of such goods and services while traveling
along the rights -of -way without unnecessarily leaving their vehicles and maintaining social
distancing guidelines, I support a temporary waiver of the City's Sign Code during this unique
COVID-19 emergency to allow the installation of temporary on -premises 'feather flags' and
'snipe signs' by businesses providing available goods and services to the public provided the
installed feather flags and snipe signs comply with the terms of this Supplemental Order #2; and
WHEREAS, the terms and conditions imposed by this Supplemental Order #2 for feather
flags and snipe signs are derived predominantly from the terms and conditions established by the
City Council for other authorized temporary on -premises signs as set forth in Chapter 94 of the
Cape Canaveral Code; and
WHEREAS, this Supplemental Emergency Order #2 is intended to apply to businesses
located only within the City's commercial and industrial zoning areas and zoned C-1, C-2 and M-
1 zoning districts; and
WHEREAS, upon termination of the emergency and Declaration, however, the waiver
authorized by this Supplemental Declaration shall expire and any feather flags and snipe signs
shall be permanently removed because under normal circumstances, such flags and signs
contribute to long lasting urban blight and deterioration, negatively impact the quality of life of
Cape Canaveral residents and businesses, are contrary to maintaining Cape Canaveral as an
attractive, safe and healthy sustainable urban environment, and if allowed to proliferate could
pose traffic safety problems for motorists and pedestrians; and
NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN ME, AS
MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that this
Supplemental Emergency Order #2 is hereby adopted and applicable for all the territory within
the legal boundaries of the City of Cape Canaveral.
SECTION 1, Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Supplemental Emergency Order #2.
SECTION 2, Sign Code Waiver — Temporary On-Premlises Feather Flags and Snipe
Signs. On property currently zoned C-1, C-2, and M-1, the prohibition of feather flags and
snipe signs under Chapter 94 of the City Code is hereby temporary waived for businesses that are
open for business and providing goods and services to the public. Such businesses shall be
permitted to install temporary on -premises feather flags and snipe signs under the following
terms and conditions:
A. In addition to the temporary on -premises signs permitted under Section 94-76 of the
Cape Canaveral City Code, one temporary on -premises feather flag and one temporary on -
premises snipe sign are allowed for every 150 linear feet of property frontage, or portion thereof
unless additional signage is authorized and required by state or federal law. Individual tenant
spaces occupied by a business located on a property shall be permitted one such feather flag and
one snipe sign for each separate business, regardless of the linear feet of property frontage so
2
that each business operating in separate space on the property is afforded an equal opportunity
to install one feather flag and one snipe sign. Feather flags and snipe signs must also comply with
the following conditions and requirements:
(1) Shall only be displayed during the operational hours of the subject business, and shall be
removed and installed inside a building when the business is not in operation.
(2) Shall be substantially secured or weighted to resist movement while on display. (Per Sec.
94-76(2)(4), Cape Canaveral Code)
(3) Shall not encroach into vehicular circulation areas or be located so as to reduce parking
areas. (Per Sec. 94-76(2)(n)(5), Cape Canaveral Code)
(4) Minimum setbacks for any part of the temporary feather flag or snipe sign structure shall
be a minimum of two feet from any right-of-way. (Per Sec. 94-76(2)(g), Cape Canaveral
Code)
(5) No part of any temporary feather flag and snipe sign shall be placed within the right-of-
way or within the visibility triangle or in any way which impedes pedestrian and/or
vehicular traffic safety. No part of any temporary feather flag and snipe sign shall be
located so as to reduce any required parking area. No part of any temporary feather flag
and snipe sign shall be located in such a way that it restricts a pedestrian way and/or
sidewalk to Tess than 44 inches in width. Temporary feather flags and snipe signs shall be
removed and brought inside a building when there are storm warnings so as not to
become a hazard during a storm event. (Per Sec. 94-76(2)(h), Cape Canaveral Code)
(6) Shall be freestanding and shall not rely on any support that is not a part of the feather flag
or snipe sign. (Per Sec. 94-76(2)(i), Cape Canaveral Code)
(7) Snipe signs shall be treated substantially similar to temporary on -premises sandwich
boards and subject to the following conditions:
a. Shall not exceed five feet in overall height (per Sec. 94-76(2)(n)(1), Cape Canaveral
Code);
b. Shall not exceed 12 square feet in area (per Sec. 94-76(2)(n)(2), Cape Canaveral
Code);
c. May be double-faced (back-to-back) and only one side of a double-faced sign
shall be counted for sign area calculations. (Per Sec. 94-76(2)(e), Cape Canaveral
Code); and
d. Shall be constructed of sturdy material such as wood, hard plastic, vinyl, hardboard
or particle board of sufficient thickness so as to withstand the weather elements
commonly experienced within the city. Cardboard and paper -faced temporary
signs are strictly prohibited unless they are safely fastened, in their entirety, to a
backing made of material set forth in this section (Per Sec. 94-76(2)0), Cape
Canaveral Code).
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(B) No provision of this Supplemental Emergency Order #2 shall be construed or
interpreted as authorizing the installation of an off -premises feather flag and snipe sign.
(C) At such a time as the Declaration or Supplemental Emergency Order #2 is
terminated, all feather flags and snipe signs installed pursuant to this Supplementary Emergency
Order #2 shall be removed by the business or property owner within 24 hours of said termination.
(D) Pursuant to Section 18-3 of the Cape Canaveral City Code, this emergency measure
shall have the full force and effect of law. Violations of this emergency measure shall constitute a
code violation and be punishable pursuant to Section 18-6, Cape Canaveral Code.
SECTION 3, Effective Date; Termination. This Supplemental Emergency Order #2
shall become effective immediately upon execution of this order by the undersigned and upon
termination, feather flags and snipe signs shall again be considered prohibited signs under
Chapter 94 of the Cape Canaveral Code. This Supplemental Emergency Order #2 may be expressly
terminated by subsequent order of the Mayor or City Council or shall automatically terminate at
such time the Declaration is terminated.
SECTION 4. Notice to the City Council. The City Clerk is hereby directed to provide a
copy of this Supplemental Emergency Order to all members of the City Council, City Manager,
City Attorney, City Department Directors, and other appropriate government officials.
eral, Florida this 2 T 7 day of March,
DECLARED by the 'Mayor of the City of Cape C
2020.
ATTEST (City Seal)
Mia Goforth
City Clerk, MMC
Bob Hoog, Mayor
Approved as to legal form and sufficiency for
the Ci f Cape Canaveral, Florida only:
Anthony A. Garganese, City Attorney
4
BY ORDER OF THE MAYOR OF CITY OF CAPE CANAVERAL
DECLARATION OF EMERGENCY — COVID-19
SUPPLEMENTAL EMERGENCY ORDER #3
(Governor EO 20-91/92 - Beaches and Amendment to Supplemental Emergency Order #2
re: Feather Flags and Snipe Signs)
WHEREAS, on March 16, 2020, by the powers vested in me as Mayor of the City of Cape
Canaveral, I issued a local Declaration of Emergency within the City of Cape Canaveral regarding
COVID-19 ("Declaration") following declarations of emergency issued respectively by the
President of United States, Governor Ron DeSantis and Brevard County, and said Declaration shall
remain in full force and effect until further notice; and
WHEREAS, on March 16, 2020, President Donald J. Trump and the Centers for Disease
Control and Prevention ("CDC") issued the "15 Days to Slow the Spread" guidance advising
individuals to adopt far-reaching social distancing measures, such as avoiding gatherings of more
than 10 people, and in states with evidence of community spread, bars, restaurants, food courts
gyms and other indoor and outdoor venues where groups of people congregate should be closed;
and
WHEREAS, on March 31, 2020, the President updated the guidance, renaming it "30 Days
to Slow the Spread," and along with the White House Coronavirus Task Force urged Americans to
continue to adhere to the guidelines and expand community mitigation efforts; and
WHEREAS, in furtherance of the President's guidance and the guidance of the State
Surgeon General, Governor DeSantis has issued several Executive Orders to -date that restrict the
operations of various businesses in order to implement and comply with social distancing
guidelines; and
WHEREAS, on April 2, 2020, Governor DeSantis issued Emergency Executive Order
Number 20-91 and 92 imposing a "safer at home" order which requires all persons in Florida to
limit their movements and personal interactions outside of their home to only those necessary to
obtain or provide essential services or conduct essential activities; and
WHEREAS, Section 4 of Executive Order Number 20-91, as amended by 20-92 provides
that "this Order shall supersede any conflicting official action or order issued by local officials in
response to COVID-19;" and
WHEREAS, as Mayor of the City of Cape Canaveral, I am committed to supporting the
Governor's Executive Orders to fight against the spread of COVID-19, and to protect the residents
and businesses in Cape Canaveral; and
WHEREAS, the intent and purpose of this Supplemental Emergency Order #3 is to
supplement the Declaration and to expressly revise Supplemental Emergency Order #2 regarding
feather flags and snipe signs to address the local preemption in Section 4 and therefore, to permit
such flags or signs for businesses that are only deemed to be providing "essential services" as
defined by the Governor's Executive Order Number 20-91 and 92; and
1
WHEREAS, Executive Order Number 20-91 also limits citizen conduct to "essential
activities," which include "participating in recreational activities (consistent with social distancing
guidelines) such as walking, biking, hiking, fishing, hunting, running, or swimming" and prohibits
social gatherings in a public space; and
WHEREAS, Executive Order Number 20-91 further provides that local jurisdictions shall
ensure that groups of people greater than ten are not permitted to congregate in any public
space; and
WHEREAS, in recognition of Executive Order Number 20-91 may impact our citizens
ability to use the beaches within the City of Cape Canaveral, and other Brevard County beachside
communities are adopting a similar approach, I find it necessary to post a public notice at the
beaches as specifically stated herein; and
NOW, THEREFORE, BE IT DECLARED PURSUANT TO THE POWER VESTED IN
ME, AS MAYOR OF THE CITY OF CAPE CANAVERAL, FLORIDA UNDER SECTION 18-2, that
this Supplemental Emergency Order #3 is hereby adopted and applicable for all the territory
within the legal boundaries of the City of Cape Canaveral.
SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference and are deemed a material part of this Supplemental Emergency Order #3.
SECTION 2. Amendment to Supplemental Emergency Order #2 — "Essential
Services" Businesses. Due to the local preemption set forth in Section 4 of the Governor's
Executive Order Number 20-91 and 20-92, Supplemental Emergency Order #2 is hereby revised
to limit the use of feather flags or snipe signs by businesses that are only permitted to operate
because such businesses are deemed to be providing "essential services" as defined by the
Governor's Executive Order Number 20-91.
SECTION 3. Beaches — Essential Activities Permitted. Due to the Governor's
Executive Order Number 20-91, the City Manager shall post a public notice at public beach access
points and advise Cape Canaveral residents by use of social media in a manner substantial form
as follows:
COVID-19 Beach Restrictions
In Furtherance of Florida Governor DeSantis' Executive Order 20-91, the following Beach Restrictions
will be in effect beginning April 3, 2020 at 12:01 a.m. in order to suppress the spread of the COVID-19
virus until further notice:
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Beach activities are limited to Participating in Recreational Activities (consistent with Social
Distancing Guidelines) such as walking, biking, hiking, fishing, running or swimming.
Beaches are closed to activities which violate CDC social gathering and social distancing guidelines.
Beachgoers must abide by Social Distancing (minimum 6 ft.)
;-• Social Gatherings of 10 or more people are prohibited.
Beachgoers must act responsibly consistent with all public guidelines so that beaches may remain
open for these limited activities. The City reserves the right to fully close the beaches if the public
engages in irresponsible behavior inconsistent with public guidelines.
To view Florida Executive Order 20-91, or to learn more about how you can protect yourself from the
COVID-19 Virus, please visit wwvv.cityofcapecanaveral.oa
Working Together We Can Get Through This
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The City Manager may revise this notice if he deems necessary to address the public health, safety
and welfare of the public pursuant to the emergency authority vested in him under Chapter 18 of
the City Code.
SECTION 4. Effective Date; Termination. This Supplemental Emergency Order
shall become effective immediately upon execution of this order by the undersigned.
SECTION 5. Notice to the City Council. The City Clerk is hereby directed to provide a
copy of this Supplemental Emergency Order to all members of the City Council, City Manager,
City Attorney, City Department Directors, and other appropriate government officials.
DECLARED by the Mayor of the City of Cape C averal, Florda this 3rd day of April, 2020.
ob Hoog, Mayor
ATT T (City SaI)
Mia Goforth
City Clerk, MMC
Approved as to legal form and sufficiency for
the City o pe Canaveral, Florida only:
Anthony A. Garganese, City Attorney
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CITY OF CAPE CANAVERAL
STATE OF EMERGENCY - COV D ' 9
CM Order
Beginning 2:00 p.m. 02 0 until rescinded
Pursuant to the authority vested in me as lnter`irn City
a ager of Cape Canaveral by the City Council of the City
of Cape Canaveral, and in furtherance of the Declaration
of Civil Emergency signed by Mayor Bob Hoog on March
16, 2020 and the emergency powers vested in me as City
Manager under Section 18-3 of the City Code, I hereby
Order that vehicles parked in locations that have bee
closed for use by the public shall be subject to i ediate
towing any shall be subject to a fine for violation (pursuant
to Cape Canaveral City Code Secs. 18-6 and 1-15) which
is set at $500,00 per occurrence. The phone number of
the towing company is 321-632-1234.
Done and ordered this loth day of March, 2020