HomeMy WebLinkAboutcocc_ordinance_no_35-2021_202109211 ORDINANCE NO. 35-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 38-33 OF THE CITY'S
5 FIRE PREVENTION AND PROTECTION CODE RELATED TO PRIVATE
6 ENTRY GATES; PROVIDING FOR . THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
13 law, and is granted authority to enforce and adopt fire prevention and protection regulations
14 pursuant to Chapter 633, Florida Statutes; and
15
16 WHEREAS, Chapter 38 of the City Code sets forth detailed regulations regarding fire
17 prevention and protection; and
18
19 . WHEREAS, upon recommendation of the City's Fire Chief, the City Council desires to
20 amend the fire prevention and protection regulation regarding private entry gates; 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. Amending Section 38-33 Private Entry Gates. The City of Cape
33 Canaveral Code of Ordinances, Section 38.33 — Private Entry Gates is hereby amended as set forth
34 below (underlined type indicates additions and strikcout type indicates deletions, while ***
35 indicate deletions from this Ordinance of said Chapter, Article and Division that shall remain
36 unchanged in the City Code):
37
38 - CHAPTER 38 FIRE PREVENTION AND PROTECTION
39
40
41
***
City of Cape Canaveral
Ordinance No. 35-2021
Page 1 of 3
1 ARTICLE II. FIRE PREVENTION CODES
2
3 ***
4 Sec. 38-33. Private entry gates.
5
6 Private entry gates shall be permitted within the city as long as they meet the following:
7
8 (1) The gates do not interfere with the 20 feet of unobstructed access which is required under
9 the Fire Prevention Code.
10
11 (2) The private entry gates shall be siren activated for emergency vehicles Private entry gates
12 for emergency vehicles that are installed and existing on or before August 17, 2021, which are
13 equipped with a siren activated opener, may remain in service until they are in need of
14 replacement. Such new gates are prohibited after August 17, 2021.
15
16 (3) All new private entry gates for emergency vehicles installed after August 17, 2021 shall be
17 equipped with an 800 mhz radio frequency opening device.
18
19 ( 4) Private entry gates shall provide for access by nonemergency fire department vehicles by
20 use of a Knox switch.
21
22 (4 5) Private entry gates shall provide for emergency vehicle access during periods of power
23 outages without delay. Private entry gates shall open when power fails and remain open until
24 power is restored.
25
26 ***
27 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
28 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
29 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
30
31 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
32 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
33 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
34 and like errors may be corrected and additions, alterations, and omissions, not affecting the
35 construction or meaning of this ordinance and the City Code may be freely made.
36
37 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
38 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
39 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
40 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
41 the validity of the remaining portions of this Ordinance.
42
43 Section 6. Effective Date. This Ordinance shall become effective immediately upon
City of Cape Canaveral
Ordinance No. 35-2021
Page 2 of 3
1 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
2 Charter.
3
4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
5 September, 2021.
6
7
8 Bob Hoog, Mayor
9
10
11 ATTEST: For Against
12
13. Mike Brown X
14
15 Mia Goforth, CMC Robert Hoog X
16 City Clerk
17 Mickie Kellum Second
18
19 Wes Morrison X
20
21 Angela Raymond Motion
22
23
24 First Reading: August 17, 2021
25 Advertisement: September 9, 2021
26 Second Reading: September 21, 2021
27
28
29 Approved as to legal form and sufficiency
30 for the City of Cape Canaveral only by:
31
32
33 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 35-2021
Page 3 of 3
SEAL of Cape Canaveral, Florida