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HomeMy WebLinkAboutcocc_ordinance_no_05-2020_202011171 ORDINANCE NO. 05-2020 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE 4 CANAVERAL, FLORIDA, GENERALLY RELATED TO LAND USE AND 5 ZONING REQUIREMENTS; AUTHORIZING THE OPERATION OF 6 "MOBILE FOOD DISPENSING VEHICLES" AS A TEMPORARY 7 ACCESSORY USE IN CERTAIN LIMITED ZONING DISTRICTS IN 8 FURTHERANCE OF SECTION 509.102(2), FLORIDA STATUTES AND AT 9 SPECIAL EVENTS AND OTHER LOCATIONS AUTHORIZED BY THE 10 CITY; PROVIDING GENERAL STANDARDS FOR OPERATING MOBILE 11 FOOD DISPENSING VEHICLES; PROVIDING FOR THE REPEAL OF 12 PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; 13 INCORPORATION INTO THE CODE; SEVERABILITY; AND AN 14 EFFECTIVE DATE. 15 16 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State 17 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by 18 law; and 19 20 WHEREAS, the Florida Legislature recently enacted Section 509.102, Florida Statutes, 21 which defines the term "mobile food dispensing vehicle" as any vehicle that is a public food service 22 establishment and that is self-propelled or otherwise moveable from place to place and includes 23 self-contained utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal; 24 and 25 26 WHEREAS, the City Council recognizes that effective July 1, 2020, Section 509.102, Florida 27 Statutes provides a limited state preemption regarding "mobile food dispensing vehicle" and that 28 a municipality may not require a separate license, registration, or permit other than the license 29 required by the state, or require the payment of any license, registration, or permit fee other than 30 the fee required by the state, as a condition for the operation of a mobile food dispensing vehicle 31 within the municipality; and 32 33 WHEREAS, the City Council also recognizes that Section 509.102, Florida Statutes, 34 provides that a municipality may not prohibit mobile food dispensing vehicles from operating 35 within the entirety of a municipal jurisdiction; and 36 37 WHEREAS, the City Council further finds that although Section 509.102, Florida Statutes 38 does preempt municipalities in certain areas, Section 509.102, Florida Statutes is intended to be a 39 partial preemption of municipal home rule authority because it expressly states that "this section 40 may not be construed to affect a municipality, county, or other local governmental entity's City of Cape Canaveral Ordinance No. 05-2020 Page 1 of 13 1 authority to regulate the operation of mobile food dispensing vehicles other than the regulations 2 described in Section 509.102(2), Florida Statutes; and 3 4 WHEREAS, the City Council hereby finds that despite Section 509.102, Florida Statutes, 5 municipalities continue to enjoy significant home rule authority to regulate land use, zoning and 6 operational standards related to mobile food dispensing vehicles; and 7 8 WHEREAS, under regulated circumstances, mobile food dispensing vehicles provide a 9 valuable and convenient service to the community by providing food and beverage options at 10 special events and other appropriate venues; and 11 12 WHEREAS, the City Council wishes to support convenient food and beverage options at 13 special events and other appropriate venues and encourage and support local business and 14 entrepreneurship by adopting uniform regulations to allow the operation of mobile food 15 dispensing vehicles within the City consistent with the preemption provided in Section 509.102, 16 Florida Statutes; and 17 18 WHEREAS, the City Council finds that the use and operation of mobile food dispensing 19 vehicles on real property directly affects the use of land within the City, and therefore, such uses 20 are subject to the City's legitimate land use and zoning powers under the Florida Municipal Home 21 Rule Powers Act, Community Planning Act and other applicable law. See also, Village of Euclid, 22 Ohio v. Ambler Realty Co., 272 U.S. 365 (1926) (The concept of planning and zoning is a legitimate 23 exercise of the police power of municipalities.); and 24 25 WHEREAS, unless the operation of mobile food dispensing vehicles within the City is 26 limited to certain commercial and industrial zoning districts or temporary special events, and 27 subject to some level of site plan review by the City to ensure that the real property on which they 28 operate is suitable to accommodate such use, the operation of such vehicles may negatively 29 impact the use of real property and surrounding properties and create public nuisances; and 30 31 WHEREAS, the City Council desires to avoid such negative impacts and public nuisances; 32 and 33 34 WHEREAS, the City Council also finds that the use and operation of mobile food 35 dispensing vehicles should be governed by other traditional land use and zoning requirements as 36 more specifically stated herein in order to avoid adverse negative effects which may be cause by 37 the operation of such vehicles on real property and safeguard the community; and 38 39 WHEREAS, the City Council further finds that for mobile food dispensing vehicles to 40 successfully operate their respective businesses for profit within the jurisdictional limits of the City, City of Cape Canaveral Ordinance No. 05-2020 Page 2 of 13 1 such vendors must also rely upon and use City streets; and 2 3 WHEREAS, the City Council additionally finds and recognizes that Florida courts have long 4 held that municipalities have the historic ability to regulate commercial use of City streets and 5 that the use of public roads for profit is a privilege, not a right, and can be regulated and controlled 6 by the government in furtherance of the public health, safety and welfare. See Seaboard Air Line 7 Ry. Co. v. Wells, 100 Fla. 1027, 1034, 130 So. 587, 591 (Fla. 1930); Pennington v. Quigg, 94 Fla. 1056, 8 1065, 114 So. 859, 862 (Fla. 1927) (The right to use City streets for conducting private business is 9 not an inherent right and can only be acquired by permission or license from the city); Jarrell v. 10 Orlando Transit Co., 123 Fla. 776, 778, 167 So. 664, 665 (Fla. 1936) (There is then no such thing as 11 a natural right to use the public highways for commercial purposes. A city may grant a limited 12 right to use the streets for private business, but such is "a privilege that may be restricted or 13 withdrawn at the discretion of the granting power. The power to do so is plenary and may extend 14 to absolute prohibition"); and 15 16 WHERAS, the City Council deems that it is necessary to regulate mobile food dispensing 17 vehicles operating upon streets within the City so such vendors operate in areas with sufficient 18 pedestrian traffic and in a manner that avoids traffic conflicts and congestion and otherwise 19 generally protects public safety and does not detract from the aesthetic beauty and attractiveness 20 of the surrounding streetscape and properties; and 21 22 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this 23 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of 24 Cape Canaveral. 25 26 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY 27 ORDAINS, AS FOLLOWS: 28 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 29 this reference as legislative findings and the intent and purpose of the City Council of the City of 30 Cape Canaveral. 31 32 Section 2. Mobile Food Dispensing Vehicles. The City of Cape Canaveral Code of 33 Ordinances, Chapter 110, Zoning, Article IX, Division 9 Mobile Food Dispensing Vehicles and Other 34 Mobile Vendors is hereby created as set forth below (underlined type indicates additions and 35 ctrikcout type indicates deletions): 36 37 CHAPTER 110 — ZONING 38 39 City of Cape Canaveral Ordinance No. 05-2020 Page 3 of 13 1 2 ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS 3 4 *** 5 6 Division 9. Mobile Food Dispensing Vehicles and Other Mobile Vendors. 7 8 Sec. 110-584.1. - Mobile Food Dispensing Vehicles. 9 10 Purpose and intent. The purpose and intent of this section is to establish land use 11 and zoning regulations for real property upon which a mobile food dispensing vehicle is 12 authorized to operate within the jurisdictional limits of the City. Mobile food dispensing vehicles, 13 except for those operating on real property authorized in this section, are prohibited and unlawful 14 on other real property not so authorized. This section is neither intended to prohibit mobile food 15 dispensing vehicles from operating within the entirety of the City nor regulate the licensing, 16 registration, permitting and fees of mobile food dispensing vehicles preempted by the state under 17 section 509.102, Florida Statutes. 18 19 11 Definitions. As used in this section, the following words and phrases shall have the 20 following meanings, unless the context clearly indicates that a difference meaning is intended: 21 22 Accessory shall mean clearly incidental or subordinate to and customary in 23 connection with the principal building or use on a developed site and which is 24 located on the same lot or parcel with such principal building or use. 25 26 City Manager shall mean the City Manager or designee thereof. 27 28 Developed site shall mean real property upon which a building and other 29 permanent improvements have been legally constructed and which is currently in 30 compliance with all land development regulations and the City Code. 31 32 Food shall mean all substances commonly used for human consumption as food, 33 beverage, confectionery or condiments, whether simple, mixed or compound, and 34 all substances or ingredients used in preparation thereof. 35 36 Mobile Food Dispensing Vehicle shall have the same meaning as that term is defined 37 in Section 509.102(1), Florida Statutes, and upon the effective date of this Section 38 means any vehicle that is a public food service establishment and that is self- 39 propelled or otherwise moveable from place to place and includes self-contained 40 utilities, including, but not limited to, gas, water, electricity, or liquid waste disposal. City of Cape Canaveral Ordinance No. 05-2020 Page 4 of 13 1 2 Public road shall mean any public right-of-way for cars and trucks in the city. 3 4 Special event shall mean any organized, temporary public or private celebration or 5 gathering of people which requires a City special event permit including by way of 6 example events relating to athletic contests, carnivals, fairs, cook -offs, 7 entertainment, dancing, music concerts, dramatic productions, art exhibitions, 8 parades, fundraisers (such as religious, charitable, patriotic or philanthropic events), 9 or the sale of merchandise, food or alcohol, or any combination of the foregoing. 10 11 (c) Authorized Locations. Subject to the terms and conditions set forth in subsection 12 (d), mobile food dispensing vehicles shall be allowed to operate within the jurisdictional limits of 13 the City in the following authorized areas: 14 15 (1) As a temporary accessory use on property which is designated C-1, C-2 or 16 M-1 on the City's official zoning map. 17 18 (2) To deliver food for sale during normal lunch (approximately 12:00 PM) or 19 dinner (Approximately 6:00 PM) time to employees on -site of an existing 20 business located on property with a zoning designation of C-1, C-2 or M- 21 1. Sale of food shall be strictly limited to only the employees of the business 22 working on -site during normal business hours of the business. The sale to 23 any other persons shall be strictly prohibited unless the sales occur within 24 an area on which the subject property owner has obtained site plan 25 approval for accessory temporary outdoor sales pursuant to the provisions 26 of this Section. Sales permitted under this subsection shall be limited to 27 no more than two (2) hours on any day in which the business being served 28 is open for employees to work. The sale of food authorized by this 29 subsection shall be exempt from subsections (d)(4) and (d)(6) of this 30 Section. 31 32 (3) Within a clearly delineated area on City property or a public road which has 33 been specifically and temporarily set aside for a mobile food dispensing 34 vehicle to operate during a special event which is open to the general 35 public, provided the event has been lawfully permitted by the City and any 36 mobile food dispensing vehicle has been contractually arranged by the 37 event organizer to be part of the event. 38 39 (4) Within a clearly delineated area on public or private school property which 40 has been specifically and temporarily set aside for a mobile food dispensing City of Cape Canaveral Ordinance No. 05-2020 Page 5 of 13 1 vehicle to operate during a school sponsored event held entirely on school 2 property which is open to the faculty and student body, provided the event 3 has been lawfully permitted by the City and any mobile food dispensing 4 vehicle has been contractually arranged by the school to be part of the 5 event. 6 7 (5) Within a clearly delineated area on private property which has been 8 specifically and temporarily set aside for a mobile food dispensing vehicle 9 to operate during a special event held entirely on private property which is 10 private or open to the general public, provided the event has been lawfully 11 permitted by the City and any mobile food dispensing vehicle has been 12 contractually arranged by the event organizer to be part of the event. 13 However, a mobile food dispensing vehicle shall not be allowed to operate 14 on any existing single or multi -family residential use property unless the 15 property owner complies with the requirements of subsection (6). 16 17 (6) Within a clearly delineated on -site vehicle parking surface on an existing 18 single or multi -family residential property for the sole purpose of operating 19 during a private on -site special event held entirely on the single or multi- 20 family-property which is not open to the general public, provided the event 21 has been lawfully permitted by the City and any mobile food dispensing 22 vehicle has been contractually arranged by the owner of the single or multi- 23 family residential property. In addition, a property owner association of a 24 multi -family development project may likewise utilize any suitable common 25 area of a residential project to hold a private on -site special event for its 26 residents. A private property owner shall not permit a mobile food 27 dispensing vehicle to operate on their property under this subsection more 28 than two times in any calendar year. The hours of operation for special 29 events authorized under this subsection shall be limited between 7a.m. and 30 10p.m. 31 32 33 (d) Conditions of Land Use and Operational Standards. The following land use and 34 operational standards shall apply to all mobile food dispensing vehicles operating within the City: 35 36 (1) When the mobile food dispensing vehicle will be operating on private 37 property, a notarized affidavit and indemnification of the City signed by the 38 property owner indicating that the vehicle has permission to operate and 39 vend on the property shall be submitted to the City. The affidavit and 40 indemnification must be on a form approved and provided by the City and City of Cape Canaveral Ordinance No. 05-2020 Page 6 of 13 1 shall also indicate that the property owner acknowledges the following 2 requirements: 3 4 a. The property owner shall comply with all ordinances regarding solid 5 waste disposal and must provide the vehicle access to solid waste collection 6 on the subject property; 7 b. The property owner shall require that the vehicle meet all applicable 8 federal, state and local statutes, regulations, laws, ordinances, rules and 9 codes including, but not limited to, applicable land use and zoning 10 requirements regarding the subject property including site plan 11 requirements; 12 c. The property owner shall acknowledge that the property owner 13 understands the regulations governing mobile food dispensing vehicles 14 and will be held responsible, along with the vehicle owner, for any code 15 violations; and 16 d. The property owner shall ensure that the property will be continuously 17 maintained in a neat, clean, and orderly manner; and 18 e. The property owner shall ensure the mobile food dispensing vehicle be 19 limited to operating as a temporary accessory use on the subject property. 20 21 (2) The subject property must be a developed site. The subject property must 22 not be vacant or unimproved. 23 24 (3) No more than one (1) mobile food dispensing vehicle shall be parked or in 25 operation on a single property at any given time, except multiple mobile 26 food dispensing vehicles may be allowed with express written permission 27 of the City during an authorized special event or as authorized by the city 28 council. 29 30 (4) A mobile food dispensing vehicle may operate at a single location up to a 31 maximum of four (4) days per week but no more than three (3) consecutive 32 days, or if operation is allowed as part of a special event permit, said 33 vehicles may operate in accordance with the duration of the special event 34 permit. 35 36 (5) Except with the express written permission of the City during an authorized 37 special event, hours of operation shall be limited between 7a.m. and 10p.m. 38 39 (6) The person in charge of the mobile food dispensing vehicle when in 40 operation on the developed site must be present at all times during hours City of Cape Canaveral Ordinance No. 05-2020 Page 7 of 13 1 of operation. 2 3 (7) When the mobile food dispensing vehicle will be operating on private 4 property, the vehicle must be parked when in operation within an area on 5 the property specifically authorized for accessory temporary outdoor sales 6 on the property owner's master site plan previously approved by the City. 7 If the property owner does not have specific site plan approval for accessory 8 temporary outdoor sales on the master site plan, the property owner shall 9 be required to obtain supplemental site plan approval pursuant to the 10 minor site plan amendment review procedure and criteria under Chapter 11 110, Article VI of the City Code before the mobile food dispensing vehicle 12 may operate as an accessory use on the subject property. For purposes of 13 obtaining supplemental site plan approval, the property owner shall submit 14 a site plan or detailed sketch depicting the proposed location of temporary 15 mobile food dispensing vehicle operations; all parking spaces, entrances 16 and exits to and from the site; and distances from any buildings or 17 structures, sidewalks, rights -of -way, fire hydrants, fire lanes and landscaped 18 areas, storm drains, and such other information or documentation deemed 19 by the City to be reasonably necessary to authorize outdoor accessory 20 temporary sales on the subject property in a manner that is compatible with 21 the existing uses on the subject property and the surrounding area and 22 protects the public health, safety and welfare of the citizens of the City. The 23 supplemental site plan submittal requirements required under this 24 subsection for mobile food dispensing vehicles are in lieu of the site plan 25 amendment submittal requirements under section 110-222 unless major 26 building or infrastructure improvements are being proposed to 27 accommodate the mobile food dispensing vehicles. The mobile food 28 dispensing vehicle temporary sales area must be on an approved parking 29 surface. The approved area must not adversely affect existing uses on the 30 subject property or the flow of pedestrian and vehicular traffic on the 31 developed site. There must be an adequate number of parking spaces 32 available for the general public visiting the developed site. Supplemental 33 site plan approval granted by the City under this subsection is subject to 34 being suspended or revoked pursuant to subsection (e) or at such time the 35 master site plan is revoked or modified by the City. 36 37 (8) Outdoor dining areas are prohibited including, but not limited to, tables, 38 chairs, booths, bar stools, benches, and standup counters, except if dining 39 areas are allowed with express written permission of the City during an 40 authorized special event. City of Cape Canaveral Ordinance No. 05-2020 Page 8 of 13 1 2 (9) Mobile food dispensing vehicles selling or dispensing of food to customers 3 in a moving vehicle or otherwise engaging in drive -up sales is prohibited. 4 5 (10) A mobile food dispensing vehicle shall not be located on private property 6 upon which uncorrected code violations exist, or which is under citation for 7 code violations. 8 9 (11) Mobile food dispensing vehicles and all materials associated with such 10 vehicles must physically be moved at least daily and cannot remain on the 11 subject property outside the approved hours of operation unless otherwise 12 allowed by the City for special events. Overnight parking of mobile food 13 dispensing vehicles is prohibited unless located within an enclosed garage 14 or on property zoned for an authorized open storage use and said storage 15 complies with any applicable storage requirements set forth in the City 16 Code. 17 18 (12) Mobile food dispensing vehicles shall not sell alcohol unless specifically 19 approved as part of a special event or other permit approved by the City. 20 The alcohol -related restrictions of Chapter 6 of the City Code are applicable 21 unless otherwise authorized by the City Code, or expressly waived by the 22 City. 23 24 (13) The operation of a mobile food dispensing vehicle must not obstruct or 25 interfere with vehicular or pedestrian traffic, building access, fire lanes, 26 crosswalks, driveways, fire hydrants, loading areas, stormwater drainage 27 systems, or landscape buffers associated with the principal use. 28 29 (14) Mobile food dispensing vehicles must not enter or park upon playgrounds, 30 playing fields and courts, sidewalks, footpaths or bicycle paths. 31 32 (15) Mobile food dispensing vehicles must not enter or park upon any "no 33 parking" area, loading zone, driveway, handicapped parking space, or 34 designated public safety lane (e.g., fire lanes) or within twenty (20) feet of a 35 crosswalk or within fifteen (15) feet of a fire hydrant or storm drainage 36 structure. 37 38 (16) No additional signage shall be permitted on the developed site related to 39 the mobile food dispensing vehicle except as to signage permanently 40 affixed and displayed on the vehicle. City of Cape Canaveral Ordinance No. 05-2020 Page 9 of 13 1 2 (17) Amplified music or other sounds from any mobile food dispensing vehicle 3 or from audio equipment installed on the developed site by the property 4 owner or person in charge of the vehicle for purposes of vending, attracting 5 or encouraging the congregation of customers shall beprohibited. 6 7 (18) Mobile food dispensing vehicles shall maintain an appropriate number and 8 size of operable fire extinguishers. 9 10 (19) The operation ofamobile food dispensing vehicles shall not create nrcause 11 nuisance conditions to include' but not be limited to, displaying flags or 12 unauthorized signage.loud noises, visual glare, flashing animated lights, 13 shouting or amplified music or sound, excessive fumes or smoke. 14 environmental hazards, and any vehicular or pedestrian hazard. 15 16 (20) The grounds around the mobile food dispensing vehicle and within the 17 vending space shall be kept free of litter, trash, paper and waste at all times. 18 Waste containers shall be provided and all trash shall betaken with the 19 vehicle when the vendor leaves or placed inside commercial solid waste 20 dumpster provided by the property owner and in use and located on the 21 developed site. 22 23 (21) Mobile food dispensing vehicles must not discharge waste, fat, oil, grease 24 or such other similar substances from the vehicle. All such substances 25 related to or generated from the vehicle shall be taken with the vehicle 26 when vehicle leaves the subject property and disposed of in accordance 27 with law. 28 29 (22) Mobile food dispensing vehicles shall comply with all applicable federal. 30 state and local laws, rules and regulations including, but not limited to, the 31 standards specified by Chapter 5K-4.002, Florida Administrative Code, and 32 the U.S. Food and Drug Administrative 2001 Food [ode' as such laws. rules 33 and regulations may be amended from time to time. 34 35 (23) A copy ofthe appropriate license(s) issued from the Florida Department of 30 Business & Professional Regulation (Division of Hotels and Restaurants) 37 shall be maintained on the mobile food dispensing vehicle otall times when 38 the vehicle is in operation on real property located within the City, and shall 39 be made available for inspection upon request by the City's |avv or code 40 enforcement officers. City of Cape Canaveral Ordinance No. O5-202O Page 1O of 13 1 2 Penalties. 3 4 Owners and operators of mobile food dispensing vehicles, and property 5 owners on which such vehicles operate, shall be joint and severally liable 6 for any violations of this section. The penalty provisions set forth in section 7 1-15 of the City Code shall apply to violations of this section. 8 9 (2) In addition to the penalties authorized by subsection (1), the City Manager 10 may also suspend or revoke the property owner's site plan approval for 11 accessory temporary outdoor sales and/or special event permit, as may be 12 applicable, upon a finding that a mobile food dispensing vehicle was 13 operating on the subject property in violation of this section. Prior to 14 suspending or revoking the applicable site plan approval and/or special 15 event permit, the City Manager shall: 16 17 (i) Afford the property owner notice of the violation(s) and a 18 reasonable, informal opportunity to be heard regarding the 19 violation(s); 20 21 (ii) Consider the property owner's past record of compliance with this 22 section and related laws; and 23 24 (iii) Consider the degree of risk to public health, safety, and welfare 25 arising from the alleged violation(s) in evidence. 26 27 (3) The City Manager's decision under subsection (2) shall be rendered in 28 writing and shall be deemed final. 29 30 (4) Any site plan approval or special event permit suspended or revoked 31 pursuant to this subsection shall immediately be void and of no further use 32 and effect to any person. If revoked, the property owner shall be prohibited 33 from seeking subsequent site plan approval for accessory temporary 34 outdoor sales or a special event permit for the subject property for a period 35 of one (1) year from the date of the revocation. 36 37 (5) The operation of a mobile food dispensing vehicle without a valid site plan 38 approval for accessory temporary outdoor sales or special event permit 39 (including if operated during a period of license suspensions or revocation) 40 shall subject the owner of the property and the owner of the vehicle and City of Cape Canaveral Ordinance No. 05-2020 Page11 of 13 1 operator thereof to code enforcement action, civil action, or action as 2 otherwise allowed by state law or the City Code. 3 4 5 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior 6 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances 7 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. 8 9 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the 10 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may 11 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, 12 and like errors may be corrected and additions, alterations, and omissions, not affecting the 13 construction or meaning of this ordinance and the City Code may be freely made. 14 15 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or 16 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of 17 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion 18 shall be deemed a separate, distinct and independent provision, and such holding shall not affect 19 the validity of the remaining portions of this Ordinance. 20 21 Section 6. Effective Date. This Ordinance shall become effective immediately upon 22 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City 23 Charter. 24 25 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 17th day of 26 November, 2020. 27 28 29 30 31 32 [Signature Page Follows] 33 34 35 36 37 38 39 40 City of Cape Canaveral Ordinance No. 05-2020 Page 12 of 13 5 6 Bob Hoog, Mayor 7 8 10 ATTEST: 11 12 13 14 Mia Goforth, CMC 15 City Clerk 16 17 18 19 20 21 22 23 24 25.. 26.. 27 28 Approved as to legal form and sufficiency 29 for the City of Cape Canaveral only by: 30 31 32 Anthony A. Garganese, City Attorney First Reading: October 20, 2020 Advertisement: November 5, 2020 Second Reading: November 17, 2020 Bob Hoog, Mayor For Mike Brown x Robert.Hoog x Mickie Kellum • Motion Wes Morrison x Angela Raymond second City of Cape Canaveral Ordinance No. 05-2020 Page 13 of 13