HomeMy WebLinkAboutcocc_ordinance_no_43-2021_202112211 ORDINANCE NO. 43-2021
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE
5 REGARDING PARKING REGULATIONS ON CITY OWNED OR LEASED
6 PROPERTY; 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 is authorized to adopt parking
12 regulations pursuant to Chapter 316, Florida Statutes; and
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14 WHEREAS, the City owns and may lease real property within the jurisdictional limits of the
15 City of Cape Canaveral that is open to the public including, but not limited to, parks, City Hall,
16 community centers and other public facilities which contain parking spaces available for
17 employees and public; and
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19 WHEREAS, the City Council hereby finds it is necessary to maintain and regulate the
20 parking spaces on City owned or leased property for their intended purposes and the public health
21 and safety; and
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23 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
24 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
25 Cape Canaveral.
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27 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
28 ORDAINS, AS FOLLOWS:
29 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
30 this reference as legislative findings and the intent and purpose of the City Council of the City of
31 Cape Canaveral.
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33 Section 2. Amending Chapter 74 of the City Code. The City of Cape Canaveral
34 Code of Ordinances, Chapter 74, is hereby amended as set forth below (underlined type indicates
35 additions and strikeout type indicates deletions, while *** indicate deletions from this Ordinance
36 of said applicable Division that shall remain unchanged in the City Code):
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39 CHAPTER 74 — TRAFFIC AND VEHICLES
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42 ***
City of Cape Canaveral
Ordinance No. 43-2021
Page 1 of 4
1 ARTICLE III. — STOPPING, STANDING, PARKING
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5 Sec. 74-56.6 — Parking on City Owned or Leased Property.
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7 Whenever the city manager shall determine that the orderly. efficient conduct of
8 the city's business or public safety requires that parking or standing of vehicles on city owned or
9 leased property be prohibited, limited or restricted, the city manager shall have the power and
10 authority to order signs to be erected or posted, and to install and have maintained parking space
11 markings, indicating that the parking of vehicles is thus prohibited, limited or restricted.
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13 (b) The prohibitions, limitations or restrictions authorized by this section may include.
14 but not be limited to, establishing designated or prohibited parking spaces, establishing tow
15 zones, requiring city issued decals affixed to a vehicle, limiting parking to certain days and hours,
16 limiting the size of vehicles, requiring directional parking, establishing loading zones and
17 enforcing any ordinance, rule or regulation adopted by the city council.
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19 When signs or parking space markings are in place, giving notice of such
20 prohibition, limitation or restriction authorized hereunder, no person shall park or stand any
21 vehicle contrary to the directions or provisions of such signs or parking space markings.
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23 Sec. 74-57. Penalties.
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25 (a) [Violations.] Any person violating this article shall be punished in accordance with
26 the schedule as follows:
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Violation Penalty
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29 (1) Parked in excess of authorized time
30 (2) Parked in no parking zone
31 (3) Parked in loading zone
32 (4) Parked in reserved zone without permit
33 (5) Parked irregularly (extending over boundary)
34 (6) Parked in handicapped space
35 (7) Parked double or obstructing traffic
36 (8) Parked on sidewalk
37 (9) Parked on ocean dunes
38 (10) Parked in fire lane
39 (11) Parking city property in violation of sec. 74-56.6
40 (121-) Other
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42 (b) Surcharge on parking fines.
City of Cape Canaveral
Ordinance No. 43-2021
Page 2 of 4
30.00
30.00
30.00
30.00
30.00
100.00
30.00
30.00
100.00
30.00
30.00
30.00
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2 (1) A surcharge in the amount of $10.00 is hereby imposed on all parking fines
3 imposed under this article for parking violations occurring within the city, for the sole purpose of
4 funding school crossing guard programs.
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6 (2) The proceeds collected from this surcharge shall be placed in the "Cape Canaveral
7 School Crossing Guard Trust Fund," which is hereby established, and funds collected from this
8 surcharge shall be distributed quarterly to fund school crossing guard programs. The city may set
9 aside funds derived from this surcharge to pay for start-up costs and recurring administrative
10 costs related to printing new tickets or other means of implementing the school crossing guard
11 program.
12 ***
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14 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
15 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
16 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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18 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
19 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
20 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
21 and like errors may be corrected and additions, alterations, and omissions, not affecting the
22 construction or meaning of this ordinance and the City Code may be freely made.
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24 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
25 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
26 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
27 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
28 the validity of the remaining portions of this Ordinance.
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30 Section 6. Effective Date. This Ordinance shall become effective immediately upon
31 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
32 Charter.
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34 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day
35 of December, 2021.
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40 [Signature Page Follows]
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City of Cape Canaveral
Ordinance No. 43-2021
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2 Wes Morrison, Mayor
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5 ATTEST:
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9 Mia Goforth, CMC
10 City Clerk
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18 First Reading: November 16, 2021
19 Advertisement: December 9, 2021
20 Second Reading: December 21, 2021
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24 Approved as to legal form and sufficiency
25 for the City of Cape Canaveral only by:
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28 Anthony A. Garganese, City Attorney
For Against
Kim Davis Second
Mickie Kellum X
Wes Morrison X
Angela Raymond Motion
Don Willis X
City of Cape Canaveral
Ordinance No. 43-2021
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SEAL