HomeMy WebLinkAboutCode Master Project 1978: Chapter 683: Off-Roadway Regulations § 683 . 01 OFF-ROADWAY REGULATIONS § 683 . 04
CHAPTER 683
OFF-ROADWAY REGULATIONS
Sec. 683 . 01 Travel Without Landowner ' s Consent. No
person shall use a motor vehicle for travel on land other
than streets or highways . "Motor vehicles" and "streets
or highways " shall be as defined in Chapter 316, Florida
Statutes . Consent of the landowner, his agent or tenant,
may be used as a defense by any person charged under this
section, but the burden of proof in such defense by com-
petent evidence shall be upon the person so charged. [Ord.
No. 18-73 , § 1, 5 Jun 1973]
Sec . 683 . 02 Travel Upon Beach or Dune Area Prohibited.
Except as provided in sub-section 680. 03 below, no person
shall use any vehicle for travel upon the ocean beach or
the dune area as defined in sub-section 651. 05, unless
such vehicle is propelled by non-motorized power. This
section is also intended to exclude the use of motor powered
bicycles generically known as "mopeds" from use for travel
upon the ocean beach or the dune. [Ord. No. 64-21 , §§ 1,
2 , 4 Aug 1964 ; Ord. No. 6-78 , § 1 , 4 Apr 1978]
Sec. 683 . 03 Exceptions Provided.
(A) The prohibiton contained in Section 683 . 02 above
shall not apply to emergency vehicles of the police or
fire departments, or to ambulance or to private towing
vehicles, provided the police department is notified prior
to the travel and the name of the person requesting towing
assistance and the location of the vehicle to be towed
is furnished.
(B) Persons who are physically disabled or handicapped
to such an extent that they are unable to walk to the beach
shall be permitted to park a motor vehicle upon the ocean
beach at the Washington Avenue beach approach, provided
said vehicles do not park beyond the boundaries of said
Washington Avenue on the beach. The police department
shall have the right to request that those handicapped
or disabled persons parking on the beach pursuant to this
section, show proof of their disability by competent and
appropraite evidence. [Ord. No. 64-21, §§ 3, 4 , 4 Aug
1964; Ord. No. 20-76 , § 1 , 5 Oct 1976]
Sec. 683 . 04 Penalty. A violation of any provision
of this chapter shall be punished as provided in § 316 , 0260
Florida Statues. [Ord No. 64-21 , § 7, 4 Aug 1964 ; Ord. No,
18-73 , § 2 , 5 ,Jun 1973]
§ 683.01 OFF-ROAD. REG. § 683.02
CHAPTER 683
OFF-:OADWAY REGULATIONS
Sec. 683.01 Travel Without Landowner 's
Consent . No person shall use a motor
vehicle for travel on land other than
streets or highways. "Motor vehicles"
and "streets or highways" shall be as
defined in Chapter 316, Florida Sta-
tutes. Consent of the landowner , his
agent or tenant , may be used as a
defense by any person charged under
this section, but the burden of proof
in such defense by competent evidence
shall be upon the person so charged.
(Ord. No. 18-73, § 1, 5 June 1973) .
Sec . 683 .02 Travel Upon Beach Or
Dune Area Prohibited . Except as pro-
vided in sub-section 683 .03 below, no
person shall use any vehicle for travel
upon the ocean beach or the dune area
as defined in sub-section 651.05, unless
such vehicle is propelled by non-motor-
ized power. This section is also
intended to exclude the use of motor
powered bicycles generically known as
"mopeds" from use for travel upon the
ocean beach or the dune. (Ord. No. 64-21
§§ 1, 2, 4 Aug. 1964 amended by Ord. No.
6-78, § 1, 4 Apr. 1978) .
§ 683.03 OFF-ROAD. REG. § 683.04
Sec. 683.03 Exceptions Provided.
(A) The prohibition contained in Section
683.02 above shall not apply to emergency
vehicles of the police or fire departments,
or to ambulance or to private towing
vehicles, provided the ,police department
is notified prior to the travel and the
name of the person requesting towing assis-
tance and the location of the vehicle to
be towed is furnished .
(B) Persons who are physically disabled
or handicapped to such an extent that they
are unable to walk to the beach shall be
permitted to park a motor vehicle upon the
ocean beach at the Washington Avenue beach
approach, provided said vehicles do not
park beyond the boundaries of said Washing-
ton Avenue on the beach. The police depart-
ment shall have the right to request that
those handicapped or disabled persons park-
on the beach pursuant to this section, show
proof of their disability by competent and
appropriate evidence. (Ord. No. 64-21 §§
3, 4, 4 Aug. 1964, amended by Ord. No. 20-76
§ 1, 5 Oct. 1976) .
Sec. 683. 04 Penalty. 1 violation of any
provision of this chapter shall be punished
as provided in § 801. 03.
§ 683101 OFF-ROAD. REG. § 683 .02
CHAPTER 683
OFF-ROADWAY REGULATIONS
Sec. 683. 01 Travel Without Landowner 's
Consent . No person shall use a motor
vehicle for travel on land other than
streets or highways. "Motor vehicles"
and "streets or highways" shall be as
defined in Chapter 316, Florida Sta-
tutes. Consent of the landowner, his
agent or tenant, may be used as a
defense by any person charged under
this section, but the burden of proof
in such defense by competent evidence
shall be upon the person so charged.
(Ord. No. 18-73, § 1, 5 June 1973) .
Sec. 683 . 02 Travel Upon Beach Or
Dune Area Prohibited . Except as pro-
vided in sub-section 683 .03 below, no
person shall use any vehicle for travel
upon the ocean beach or the dune area
as defined in sub-section 651.05, unless
such vehicle is propelled by non-motor-
ized power. This section is also
intended to exclude the use of motor
powered bicycles generically known as
"mopeds" from use for travel upon the
ocean beach or the dune. (Ord. No. 64-21
§§ 1, 2, 4 Aug. 1964 amended by Ord. No.
6-78, § 1, 4 Apr. 1978).
§ 683.03 OFF-ROAD. REG. § 683.04
Sec. 683.03 Exceptions Provided.
(A) The prohibition contained in Section
683.02 above shall not apply to emergency
vehicles of the police or fire departments,
or to ambulance or to private towing
vehicles, provided the police department
is notified prior to the travel and the
name of the person requesting towing assis-
tance and the location of the vehicle to
be towed is furnished.
(B) Persons who are physically disabled
or handicapped to such an extent that they
are unable to walk to the beach shall be
permitted to park a motor vehicle upon the
ocean beach at the Washington Avenue beach
approach, provided said vehicles do not
park beyond the boundaries of said Washing-
ton Avenue on the beach. The police depart-
ment shall have the right to request that
those handicapped or disabled persons park-
on the beach pursuant to this section, show
proof of their disability by competent and
appropriate evidence. (Ord. No. 64-21 §§
3 , 4 , 4 Aug. 1964, amended by Ord. No . 20-76
§ 1, 5 Oct . 1976) .
Sec. 683. 04 Penalty. A violation of any
provision of this chapter shall be punished
as provided in § 801.03.
§ 683.01 OFF-ROAD. REG. § 683.02
CHAPTER 683
OFF-ROADWAY REGULATIONS
Sec. 683.01 Travel Without Landowner's
Consent. No person shall use a motor
vehicle for travel on land other than
streets or highways. "Motor vehicles"
and "streets or highways" shall be as
defined in Chapter 316, Florida Sta-
tutes. Consent of the landowner, his
agent or tenant, may be used as a
defense by any person charged under
this section, but the burden of proof
in such defense by competent evidence
shall be upon the person so charged.
(Ord. No. 18-73, § 1 , 5 June 1973).
Sec. 683.02 Travel Upon Beach Or
Dune Area Prohibited. Except as pro-
vided in sub-section 683 . 03 below, no
person shall use any vehicle for travel
upon the ocean beach or the dune area
as defined in sub-section 651 . 05, unless
such vehicle is propelled by non-motor-
ized power. This section is also
intended to exclude the use of motor
powered bicycles generically known as
"mopeds" from use for travel upon the
ocean beach or the dune. (Ord. No. 64-21
§§ 1, 2, 4 Aug. 1964 amended by Ord. No.
6-78, § 1, 4 Apr. 1978).
§ 683.03 OFF-ROAD. REG. § 683.04
Sec. 683.03 Exceptions Provided.
(A) The prohibition contained in Section
683 . 02 above shall not apply to emergency
vehicles of the police or fire departments ,
or to ambulance or to private towing
vehicles , provided the police department
is notified prior to the travel and the
name of the person requesting towing assis-
tance and the location of the vehicle to
be towed is furnished.
(B) Persons who are physically disabled
or handicapped to such an extent that they
are unable to walk to the beach shall be
permitted to park a motor vehicle upon the
ocean beach at the Washington Avenue beach
approach , provided said vehicles do not
park beyond the boundaries of said Washing-
ton Avenue on the beach. The police depart-
ment shall have the right to request that
those handicapped or disabled persons park-
on the beach pursuant to this section, show
proof of their disability by competent and
appropriate evidence. (Ord . No . F4-21 § §
3 , 4 , 4 Aug. 1964, amended by Ord. No. 20-76
§ 1, 5 Oct. 1976).
Sec. 683.04 Penalty. A violation of any
provision of this chapter shall be punished
as provided in § 801 . 03,
683-2B
Chap 683 ORDINANCE NO. 20-76
AN ORDINANCE AMENDING CHAPTER 683, OFF-ROADWAY
REGULATIONS, BY ALLOWING HANDICAPPED AND DISABLED
PERSONS TO PARK ON THE BEACH AT THE WASHINGTON
AVENUE APPROACH; REPEALING ALL SECTIONS OF THE
CITY CODE IN CONFLICT THEREWITH; PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape
Canaveral, Florida, as follows :
SECTION 1. Chapter 683 of the Code of the City of Cape
Canaveral, Florida, entitled "Off-Roadway Regulations" is hereby
amended as follows :
Section 683 . 03 Exceptions Provided is hereby deleted in its
entirety, and the following substituted therefor:
"Sec. 683 . 03 Exceptions Provided.
(A) The prohibition contained in Section 683 . 02 above
shall not apply to emergency vehicles of the police or fire
departments, or to ambulance or to private towing vehicles,
provided the police department is notified prior to the
travel and the name of the person requesting towing assis-
tance and the location of the vehicle to be towed is fur-
nished.
(B) Persons who are physically disabled or handicapped
to such an extent that they are unable to walk to the beach
shall be permitted to park a motor vehicle upon the ocean
beach at the Washington Avenue beach approach, provided said
vehicles do not park beyond the boundaries of said Washington
Avenue on the beach. The police department shall have the
right to request that those handicapped or disabled persons
parking on the beach pursuant to this section, show proof
of their disability by competent and appropriate evidence."
SECTION 2. All sections of the Code of the City of Cape
Canaveral in conflict herewith are hereby repealed. §1, 5 Oct 76
SECTION 3 . This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral,
Florida, this 5th day of October, 1976.
[signature]
Mayor
ATTEST:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
First Reading: 9-21-76
Advertised: 9-27-76
Posed: 9-22-76
Second Reading: 10-5-76
NAME YES NO
NICHOLA YES
HOOG YES
MURPHY YES
SALVAGGIO YES
THURM YES
O
add 6-78 4/4/75
add 20-76 10/5/76 § 683.01 OFF-ROAD. REG. § 683.04
CHAPTER 683
OFF-ROADWAY REGULATIONS
Sec. 683.01 Travel Without Landowner's
Consent. No person shall use a motor vehicle
for travel on land other than streets or
highways. "Motor vehicles" and "streets or
highways" shall be as defined in Chapter 316,
Florida Statutes. Consent of the landowner,
his agent or tenant, may be used as a defense
by any person charged under this section, but
the burden of proof in such defense by competent
evidence shall be upon the person so charged.
Ord. No. 18-73, § 1, 5 June 1973]
Sec. 683.02 Travel upon Beach or Dune Area
Prohibited. Except as provided in § 683.03
below, no person shall use a motor vehicle
for travel upon the ocean beach or the dune
area as defined in § 651.05. [Ord. No. 64-21,
§§ 1, 2, ,4 Aug. 1964],
Sec. 683.03 Exceptions Provided. The prohibi-
tion contained in § 683.02 above, shall not
apply to emergency vehicles of the Police or
Fire Departments, or to ambulances, or to
private towing vehicles provided the Police
Department is notified prior to the travel and
the name of the person requesting towing
assistance and the location of the vehicle to be
towed is furnished. [Ord. No. 64-21, §§ 3, 4,
4 Aug. 1964]
Sec. 683.04 Penalty. A violation of any
provision of this chapter shall be punished as
provided in § 801.03.
Amended By 20-76
Amended By 6-78
att
W Rev Page 2 attached
683
Off Roadway Regulations
Vehicles
ORDINANCE NO. 64-21
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA: PROHIBITING
VEHICULAR TRAFFIC ON OCEAN BEACH:
PROVIDING EXCSPTIUNS AND PRES-
CRIBING PENALTIES FOR VIOLATION,
WHEREAS, Sub-section 9, Section 1, Article 2,
of House Bill No. 167, also known as Chapter 63-1197,
Special Acts of Florida, 1963, grants the authority to the City
of Cape Canaveral, Florida, "to control and regulate the Ocean Beach
lying within the corporate limits of the City, including the power to
restrict, limit, regulate, prohibit and charge for, or tax, the use
of the Ocean Beach, or toy part, or parts therof by pedestrians,
bathers, or vehicles of any or all kinds and descriptions. . .".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA:
SECTlON 1. It shall be unlawful for operators
of motor vehicles, except as provided herein, to drive upon the
Ocean Beach within the City of Cape Canaveral, Florida, specifically
that portion of the Ocean Beach lying below or East of the mean high
water mark.
SECTION 2. It shall be unlawful for operators of
motor vehicles, except as provided herein, to drive upon the Ocean
Beach within the City of Cape Canaveral, Florida, specifically that
portion of the Ocean Beach from the soft sand area lying between
mean high water mark and the toe of the dune paralleling said high
water mark and immediately westerly therof to the upland cr fram the
upland to said beach or soft sand area.
SECTION 3. The prohibitions contained in Section
1 and 2 above shall not apply in cases where a temporary permit has
been obtained for the temporary construction and maintenance of a
private approach or ramp for the purpose of providing access to
upland property by a contractor or materialman during the course of
construction, maintenance, or operation of a building on the upland
fronting on the Ocean Beach and provided further, the prohibition
contained in Section 1 and 2 above shall not apply to emergency vehicles,
said emergency vehicles being defined as police, fire, life-guard,
ambulance and private towing vehicles,
SECTION 4. Any operator of a private towing vehicle,
in order to be qualified for the exemption provided in Section 3, upon
receiving a call or request for towing assistance upon the ocean beach,
shall first notify the Police Department of the City the name of the
person requesting towing assistance and the location of the vehicle to
be towed.
SECTION 5. Penalties. Any person violting any of
the provisions of this Ordinance shall be deemed guilty of a misdemeanor
and upon conviction thereof shall be fined in an amount not exceeding
$100.00 or be imprisoned for a period not exceeding thirty (30) days
or by both so fined and imprisoned. Each day such violation is
committed or permitted to continue shall constitute a separate offense
and shall be punishable as such hereunder.
PAGE 1 OF 2
SECTION 6. Separability. If any section,
subsection, sentence, clause, phrase or portion of this Ordinance
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 portions hereof.
SECTION 7. Repealer. All ordinances and parts of
ordinances in conflict with the provisions of this Ordinance are
hereby repealed.
CTIOlN 8. Effective Late. This Ordinance shall
take effect immediately upon its adoption.
ADOPTED by the City Council of the City of Cape
Canaveral, Florida, on this 4th day of August, 1964.
/s/ Richard R.Thurm
Mayor
Attest:
/s/ Donna J. Anderson
City Clerk
PAGE 2 OF 2
4/4/78
Chap 683
Check this one
With page 6 by litles
ORDINANCE NO. 6-78
AN ORDINANCE AMENDING CHAPTER 683 OF THE CODE
OF THE CITY OF CAPE CANAVERAL, FLORIDA, BY
PROHIBITING THE USE OF ANY *MOTOR POWERED
VEHICLE FOR TRAVEL UPON THE OCEAN BEACH OR DUNE
AREA; REPEALING ALL SECTIONS OF THE CITY CODE OR
ORDINANCES OR PARTS THEREOF IN CONFLICT HEREWITH;
PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Florida, as follows:
SECTION 1. Chapter 683 entitled "Off Roadway Regulations" of the
Code of the City of Cape Canaveral, Florida, is hereby amended as follows:
(a) Section 683.02 Travel Upon Beach Or Dune Area Prohibited of
the City Code is deleted in its entirety and the following new section is
substituted therefor:
"Section 683.02 Travel Upon Beach Or Dune Area Prohibited.
Except as provided in sub-section 683.03 below, no person
shall use any vehicle for travel upon the ocean beach or the
dune area as defined in sub-section 651. 05, unless such vehicle
is propelled by non-motorized power. This *Section is also intended to
excludes-the use of motor powered bicycles generically known as
"mopeds" from use for travel upon the ocean beach or the dune
areas. " ORD NO 64-21 §§ 1, 2 Aug 4, 1964 [illegible] by 6-78 §1, 4 Apr. 1978
SECTION 2. All portions of the Code of the City of Cape Canaveral,
or ordinances or parts thereof in conflict herewith are hereby repealed.
SECTION 3. This ordinance shall become effective immediately
upon its adoption.
ADOPTED by the City Council of the City of Cape Canaveral, Florida,
this 4 day of April , 1978.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to form:
[signature]
City Attorney
*Amended on Second Reading
NAME YES NO
BOYD YES
MURPHY YES
RIGERMAN YES
THURM YES
WELTON YES
AMENDED Ord. #6-78
MICROFILMED 3-14-80
ORDINANCE NO. 18-73
AN ORDINANCE REGULATING THE USE OF MOTOR VEHICLES BY
PROHIBITING • THEIR USE FOR TRAVEL ON LAND OTHER THAN
STREETS OR HIGHWAYS WITHOUT THE CONSENT OF THE LANDOWNER;
PROVIDING A PENALTY FOR VIOLATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, THE MOVEMENT OF MOTOR VEHICULAR TRAFFIC ON LAND OTHER
THAN STREETS AND HIGHWAYS WITHIN THE CITY OF CAPE CANAVERAL IS NOW UN-
REGULATED, AND
WHEREAS, SAID MOVEMENT RESULTS IN THE DESTRUCTION OF NATURAL
GROUND VEGETATION, ALLOWING LOOSE SOIL TO BE CARRIED ABOUT THE CITY, AND
WHEREAS, SAID MOVEMENT PRESENTS A DANGER TO OTHERS ON THE LAND, AN(
WHEREAS, SAID MOVEMENT DISTURBS THE NATURAL HABITAT OF BIRDS AND
ANIMALS, AND
WHEREAS, THE INHERENT NOISE OF CERTAIN CLASSES OF MOTOR VEHICLES
WHEN ENGAGED IN SAID MOVEMENT DETRACTS SUBSTANTIALLY FROM THE PEACE, TRANQU-
ILITY AND QUALITY OF LIFE IN THE ENVIRONMENT,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS :
SECTION 1 . USE OF MOTOR VEHICLES OFF STREETS AND HIGHWAYS
REGULATED. NO PERSON SHALL USE A MOTOR VEHICLE FOR TRAVEL ON LAND OTHER
THAN STREETS OR HIGHWAYS . "MOTOR VEHICLE" AND "STREET OR HIGHWAY" SHALL BE
AS DEFINED IN CHAPTER 316, FLORIDA STATUTES . CONSENT OF THE LAND OWNER, HIS
AGENT, OR TENANT MAY BE USED AS A DEFENSE BY ANY PERSON CHARGED UNDER THIS
ORDINANCE BUT THE BURDEN OF PROOF IN SUCH DEFENSE BY COMPETENT EVIDENCE SHALL
BE UPON THE PERSON SO CHARGED.
use this one SECTION 2 . PENALTY. IT IS UNLAWFUL TO VIOLATE ANY PROVISION OF
THIS ORDINANCE. A VIOLATION OF ANY PROVISION OF THIS ORDINANCE SHALL BE
UNISHED AS PROVIDED IN § 316.026, FLORIDA STATUTES .
SECTION 3 . THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY
UPON ADOPTION. Per City Attorney, [illegible] Scott.
ADOPTED THIS 5TH DAY OF JUNE, 1973, BY THE CITY COUNCIL OF THE
CITY OF CAPE; CANAVERAL, FLORIDA.
[signature]
MAYOR
ATTEST:
[signature & seal]
CITY CLERK
APPROVED AS TO FORM:
[signature]
CITY ATTORNEY
[no signature]
SPONSORING COUNCILMAN
FIRST READING: MAY 15, 1973
POSTED: MAY 16, 1973
SECOND READING: JUNE 5, 1973
MICROFILMED
3-13-80
ORDINANCE NO. 64-21
AN ORDINANCE OF THE CITY OF CAPE
CANAVERAL, FLORIDA: PROHIBITING
VEHICULAR TRAFFIC ON OCEAN BEACH:
PROVIDING EXCEPTIONS AND PRES-
CRIBING PENALTIES FOR VIOLATION.
WHEREAS, Sub-section 9, Section 1, Article 2,
of House Bill No.167, also known as Chapter 63-1197,
Special Acts of Florida, 1963, grants the authority to
the City of Cape Canaveral, Florida, "to control and
regulate the Ocean Beach lying within the corporate limits
of the City, including the power to restrict, limit, regulate,
prohibit and charge for, or tax, the use of the Ocean Beach,
or any part, or parts thereof by pedestrians, bathers, or
vehicles of any or all kinds and descriptions. . .".
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA:
SECTION 1. It shall be unlawful for operators
of motor vehicles, except as provided herein, to drive upon
the Ocean Beach within the City of Cape Canaveral, Florida,
specifically that portion of the Ocean Beach lying below
or East of the mean high water mark.
SECTION 2. It shall be unlawful for operators
of motor venicies, except as. provided herein, to drive
upon the Ocean Beach within the City of Cape Canaveral,
Florida, specifically that portion of the Ocean Beach from
the soft sand area lying between mean high water mark and
the toe of the dune paralleling said high water mark and
immediately westerly thereof to the upland or from the
upland to said beach or soft sand area.
SECTION 3. The prohibitions contained
Sections 1 and 2 above shall not apply incaseswhere
temporary permit has been obtained for the temporary con-
struction and maintenance of a private approach or ramp
for the purpose of providing access to upland property by
a contractor or materialman during the course of construction,
maintenance, or operation of a building on the upland fronting
on the Ocean Beach and provided further, the prohibition
contained in Sections 1 and 2 above shall not apply to
emergency vehicles, said emergency vehicles being defined
as police, fire, life-guard, ambulance and private towing
vehicles.
SECTION 4. Any operator of a private towing
vehicle, in order to be qualified for the exemption provided
in Section 3, upon receiving a call or request for towing
assistance upon the ocean beach, shall first notify the
police Department of the City the name of the person
requesting towing assistance and the location of the vehicle
to be towed.
MICROFILMED
3.13-80
SECTION 5. Penalties. Any person violating
any of the provisions of this Ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof
shall be fined in an amount not exceeding $100.00 or be
imprisoned for a period not exceeding thirty (30) days
or by both so fined and imprisoned. Each day such
violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable
as such hereunder.
SECTION 6. Separability. If any section,
subsection, sentence, clause, phrase or portion of this
Ordinance 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 portions hereof.
SECTION 7. Repealer. All ordinances and
parts of ordinances in conflict with the provisions of
this Ordinance are hereby repealed.
SECTION 7. Effective Date. This Ordinance
shall take effect immediately upon its adoption.
ADOPTED by the City Council of the City of
Cape Canaveral, Florida, on this 4th day of August , 1964.
[signature]
Mayor
Attest:
[signature]
City Clerk
Approved as to Form:
[signature]
T. DAVID BURNS
City Attorney
First reading July 21, 1964
Second and Final Reading 4th day of August, 1964
Posted on City Bulletin Board at the CIty Hall on the 22
day of July, 1964]
Ord# 64-21
CHAPTER 683
OFF-ROADWAY REGULATIONS
Sec. 683 . 01 Travel Without Landowner ' s Consent. No person
shall use a motor vehicle for travel on land other than streets
or highways . "Motor vehicles" and "streets or highways" shall
be as defined in Chapter 316 , Florida Statutes. Consent of
the land owner, his agent or tenant, may be used as a defense
by any person charged under this section, but the burden of
proof in such defense by competent evidence shall be upon
the person so charged. [Ord. No. 18-73 , § 1 , 5 June 1973]
Sec . 683 . 02 Travel upon Beach or Dune Area Prohibited.
Except as provided in § 683 . 03 below, no person shall use
a motor vehicle for travel upon the ocean beach or the
dune area as defined in § 651 . 05 . [Ord. No. 64-21, §§ 1 , 2 ,
4 Aug. 1964]
Sec. 683 . 03 Exceptions Provided. The prohibition contained
in § 683 . 02 , above, shall not apply to emergency vehicles
of the police or fire departments , or to ambulances, or to
private towing vehicles provided the Police Department is
notified prior to the travel and the name of the person
requesting towing assistance and the location of the vehicle
to be towed is furnished. [Ord. No. 64-21 , §§ 3 ,4 , 4 Aug.
1964]
Sec. 683.04 Penalty. A violation of any provision of this
chapter shall be punished as provided in § 801.03.