HomeMy WebLinkAboutcocc_resolution_no_2020-11_20200508_terminating_prohibition_covid_baech_parking_restrictionRESOLUTION NO. 2020-11
A RESOLUTION OF THE CITY COUNCIL OF CAPE CANAVERAL, FLORIDA;
RESCINDING AND TERMINATING THE EXISTING EMERGENCY MEASURE
PROHIBITING THE USE OF PUBLIC BEACH -END PARKING SPACES WITHIN
CITY RIGHTS -OF -WAY FOR BEACH ACCESS WHICH WAS AFFIRMED AND
RATIFIED BY THE CITY COUNCIL BY RESOLUTION NO. 2020-09; 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, the City Council previously adopted Emergency Resolution No. 2020-09 in
response to the COVID-19 federal and state emergency and said Resolution included affirming
and ratifying an existing emergency measure prohibiting the use of public beach -end parking
spaces within the City rights -of -way for beach access; and
WHEREAS, since the ratification of the beach -end parking emergency measure, Brevard
County has recently reopened County beaches including Cherrie Down Park, and other Brevard
County municipalities have rescinded their own respective beach parking restrictions in
furtherance of the Governor's Emergency Order 20-112 outlining a Safe, Smart, Step -by -Step Plan
for Florida's Recovery; and
WHEREAS, the City Council likewise desires to rescind and terminate the existing public
beach -end parking prohibition which was ratified by the City Council pursuant to Resolution No,
2020-09; 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. Rescind Emergency Measure - Public Beach -End Parking Prohibition.
The existing emergency measure prohibiting public beach -end parking within City rights -of -way
ratified by the City Council pursuant to Resolution No. 2020-09 is hereby rescinded and
terminated effective immediately and City staff is instructed to remove the barriers as soon as
possible.
City of Cape Canaveral
Resolution No. 2020-11
Page 1 of 2
Section 3. Conditions. The following conditions shall apply to the action taken by
the City Council under Section 2 during the COVID-19 emergency:
A. The City Manager shall establish and implement additional measures to the extent
reasonably necessary to maintain the beach -end parking and public beach access areas in a
sanitary condition including the installation of additional trash receptacles and signage.
B. The City Manager shall provide periodic reports to the City Council which shall contain
relevant data and information regarding the usage and condition of beach -end parking and public
beach access areas and the additional sanitary measures taken pursuant to Section 3 A.
Section 4. 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 5. 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.
Section 6. 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 8' day of May, 2020.
NA``'
Al
Mia Goforth;°C
City Clerk
Approved as to legal form and sufficiency
for th of Cape Canaveral only by:
Bob Hoog, Mayor
For
Mike Brown
Robert Hoog
Mickie Kellum Motion
Wes Morrison Spo.onci
Angela Raymond
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Resolution No. 2020-11
Page 2 of 2
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