HomeMy WebLinkAboutcocc_ordinance_no_37-2021_202110191 ORDINANCE NO. 37-2021
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
4 CAPE CANAVERAL, FLORIDA; AMENDING THE DEFINITION OF CITY
5 PARK SET FORTH IN SECTION 54-1 OF THE CITY CODE;
6 PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
7 ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE
8 CODE, SEVERABILITY AND AN EFFECTIVE DATE.
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10 WHEREAS, the City is granted authority, under Section 2(b), Article VIII, of the State
11 Constitution, to exercise any power for municipal purposes; and
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13 WHEREAS, the City Council has adopted a comprehensive code regulating city parks; and
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15 WHEREAS, approximately one year ago, the City Council adopted a new future land use
16 designation and zoning classification for public/recreation and conservation which authorized a
17 variety of public uses including, but not limited to, city parks and other kinds of public recreational
18 activities; and
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20 WHEREAS, in consideration of the new future land use designation and zoning
21.. classification, the City Council desires to update the definition of city park consistent with the park
22 and recreational uses permitted under the new future land use designation and zoning district
23 classification; and
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25 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
26 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
27 Cape Canaveral.
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29 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
30 ORDAINS, AS FOLLOWS:
31 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
32 this reference as legislative findings and the intent and purpose of the City Council of the City of
33 Cape Canaveral.
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35 Section 2. Amending Section 54-1of the City Code. The City of Cape Canaveral
36 Code of Ordinances, Section 54-1, is hereby amended as set forth below (underlined type
37 indicates additions and f;trikcout type indicates deletions, while *** indicate deletions from this
38 'Ordinance of said applicable Division that shall remain unchanged in the City Code):
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Sec. 54-1. - Definition of city park.
City of Cape Canaveral
Ordinance No. 37-2021
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1 "City park" means land or portion of land owned or maintained by the City of Cape
2 Canaveral a-r which has:
3 (1) a zoning classification of Public Recreation and affirmatively designated by
4 the City by signage or markers for use by the public as a park, including recreational
5 open space, playgrounds, and athletic fields; multi -purpose recreation trails and
6 boardwalks; frisbee golf courses; botanical and community gardens; public recreation
7 facilities such as kayak launches, skate parks, picnic tables and pavilions, tennis,
8 basketball and bocce courts, and swimming pools; and other public or recreational uses
9 approved by the City Council;
10 (2) a zoning classification of Conservation and affirmatively designated by the
11 City by signage or markers for use by the public as low -intensity public recreation,
12 including, but not limited to, bicycle/nature trails, boardwalks pavilions and overlooks,
13 bird watching, recreational fishing, canoeing or kayaking, nature centers and small, low-
14 intensity playgrounds, and other passive recreational uses approved by the City Council;
15 and/or
16 is designated as a public park or public recreational area by the City's
17 Comprehensive Plan (Recreation and Open Space Element),
18 (3) been designated as a city park by an ordinance or resolution adopted by the
19 city council, or by dedication that has been accepted by the city council. Included in the
20 definition of the term "city park" are the city's special use facilities and all natural
21 resources, wildlife, faclities, improvements, waters, and materials in, on or under the
22 lands so designated.
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24 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
25 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior
26 ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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28 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
29 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
30 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
31 and like errors may be corrected and additions, alterations, and omissions, not affecting the
32 construction or meaning of this ordinance and the City Code may be freely made.
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34 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
35 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
36 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
37 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
38 the validity of the remaining portions of this Ordinance.
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40 Section 6. Effective Date. This Ordinance shall become effective immediately upon
City of Cape Canaveral
Ordinance No. 37-2021
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1 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
2 Charter.
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4 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day
5 of October, 2021.
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8 Bob Hoog, Mayor
9 Mia Goforth, CMC
10 City Clerk
11 ATTEST: For Against
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13 Mike Brown x
14 Robert Hoog x
15 Mickie Kellum x
16 Wes Morrison Motion
17 Angela Raymond Second
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24 First Reading: September 21, 2021
25 Advertisement: October 7, 2021
26 Second Reading: October 19, 2021
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30 Approved as to legal form and sufficiency
31 for the City of Cape CanaveraI only by:
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34 Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 37-2021
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