HomeMy WebLinkAboutFirst Edition Codified Code Book 10-26-1981Cape Canavera
(iclj.P.ed Code
c-her 24, 19 81
firs r Eal r-ion
FIRST EDITION
-DO-NOT:-.UPDATE THIS _BOO 'z'f
OFFICIAL 'RECORD
DO NOT REMOVE
CC2A
CITY CODE BOOK
•
FIRST ED/T/)4J
DC) NUT RELI/SE.
CITY OF CAPE CANAVERAL
CODIFIED CODE
OCTOBER 26, 1 9 8 1
OFFICIAL, RECORD
DO NOT REMOVE
,CITY OF CAPE CANAVERAL
CODE OUTLINE
TITLE I. CREATION, ALTERATION, EXISTENCE & DISSOLUTION
(100 - 199)
[City Charter included for reference]
TITLE II. GOVERNMENT & ADMINISTRATION
(200 - 299)
A. Generally
Chapter 201 Records
[Ord. No. 3-69, 20 May 69]
Chapter 203 Uniform Public Records Procedure
[Ord. No. 30-73, 17 Jul 73;
a/a/b* 18-75, 5 Aug 75
a/a/b 7-76, 13 Apr 76]
Chapter 205
Chapter 207
B. Elections
Chapter 211
C. City Organization
Chapter 231
D. Bodies Established
Chapter 251
Chapter 253
*as amended by
Purchasing Procedure
[Ord. No. 27-74, 1 Oct 74]
Personal Property Control
[Ord. No. 28-74, 15 Oct 74]
Election Procedure
[Ord. No. 20-72, 21 Nov 72;
a/a/b 11-74, 21 May 74;
a/a/b 1-75, 4 Mar 75;
a/a/b 5-79, 20 Mar 79]
General Organization
[Ord. No. 33-73, 18 Sep 73;
a/a/b 5-77, 19 Apr 77]
Beautification Board
[Ord. No. 11-68, 5 Nov 68]
Library Board
[Ord. No. 11-66, 10 May
a/a/b 9-73, 1 May
a/a/b 5-80, 18 Mar
66;
73;
80]
CITY OF CAPE CANAVERAL CODE OUTLINE
Chapter 255
PAGE 2.
Recreation Board
[Ord. No. 64-24, 18 Aug 64;
a/a/b 64-24A, 16 Mar 65;
a/a/b 64-24B, 21 Sep 65;
a/a/b 15-77, 16 Aug 77;
a/a/b 15-79, 18 Sep 79]
Chapter 257 Planning & Zoning Board
[Ord. No. 53-73, 3 Jan 74]
Chapter 259 Board of Adjustment
[Ord. No. 7-72, 5 Jul 72;
a/a/b 21-73, 3 Jul 73;
Repealed by 34-74, 4 Feb 75]
Chapter 261 Local Planning Agency
[Ord. No. 14-76, 6 Jul 76;
a/a/b 11-78, 9 May 78]
Chapter 263 Commercial Development Board
[Ord. No. 17-75, 12 Aug 75;
a/a/b 27-75, 25 Nov 75;
a/a/b 8-76, 4 May 76;
a/a/b 19-76, 7 Sep 76]
E. Procedures of Bodies
Chapter 271 Council Procedures
[Ord. No. 5-73, 3 Apr 73;
a/a/b 21-73, 3 Jul 75;
a/a/b 44-73, 13 Nov 73;
a/a/b 35-74, 7 Jan 75;
a/a/b 16-75, 10 Jun 75;
a/a/b 15-76, 27 Jul 76;
a/a/b 3-80, 19 Feb 80]
TITLE III. OFFICERS, AGENTS & EMPLOYEES
(300 - 399)
A. Generally
Chapter 301 Reimbursements
[Ord. No. 37-64, 15 Sep 64;
a/a/b 25-74, 3 Sep 74;
a/a/b 13-79, 4 Sep 79]
CITY OF CAPE CANAVERAL CODE OUTLINE
B. Officers
Chapter 311 Council Compensation
[Ord. No. 14-73, 3 Apr 74]
Chapter 333
C. Employees
Chapter 351
PAGE 3.
Law Enforcement Plan
[Ord. No. 17-72, 3 Oct 72;
a/a/b 7-75, 15 Apr 75;
Repealed by 4-77, 19 Apr 77]
Personnel Policy
[Ord. No. 9-70, 3 Nov 70;
a/a/b 24-73, 17 Jul 73;
a/a/b 14-75, 10 Jun 75;
a/a/b 9-79, 19 Jun 79]
Chapter 353 Employee Insurance
[Ord. No. 17-63, 9 Jul 63]
Chapter 361
Administrative Review
[Ord. No. 24-73, 17 Jul 73;
a/a/b 9-79, 19 Jun 79]
TITLE IV. PROPERTY & CONTRACTS
(400 - 499)
A. Franchise Agreements
Chapter 411 Gas Service
[Ord. No. 5-66, 18 Jan 66]
Chapter 413 Telephone Service
[No Ord. Number, 3 Aug 65]
Chapter 415 Cable TV Service
[Ord. No. 36-64, 15 Sep 64;
a/a/b 16-79, 18 Sep 79]
Chapter 417 Water Service
[Ord. No. 38-64, 21 Sep 64]
Chapter 419 Electric Power Service
[Ord. No. 5-62, 28 Jan 62]
CITY OF CAPE CANAVERAL CODE OUTLINE PAGE 4.
TITLE V.
PUBLIC IMPROVEMENTS, UTILITIES & SERVICES
(500 - 599)
A. Generally
Chapter 501
Chapter 503
Establishment of Streets
[Ord. No. 23-63, 19 Dec 63;
a/a/b 24-72, 2 Jan 73]
Subdivision of Land
[Ord. No. 12-62, 17 Oct 62]
B. Improvement Financing
Chapter 533
Chapter 535
Storm Drainage
[Ord. No. 15-66,
a/a/b 6-67,
7 Jun 66;
17 Oct 67]
Sewer Connection Assessment
C. Finance of Services
Chapter 541
Chapter 543
Chapter 545
Chapter 547
[Ord. No.
a/a/b
a/a/b
a/a/b
a/a/b
a/a/b
[Also see
10-73, 3 Apr 73;
4-75, 11 Mar 75;
16-78, 3 Oct 78;
7-80, 15 Apr 80;
4-81, 7 Apr 81;
7-81, 5 May 81]
Chapter 6 71 ]
Utility Tax
[Ord. No. 64-10, 28 Apr 64;
a/a/b 19-71, 7 Dec 71]
Court Assessment
[Ord. No. 27-73, 17 Jul 73]
Excise Tax on Insurance
[Ord. No. 9-72, 5 Jul 72;
Repealed by 2-79, 16 Jan 79]
Building Permit Fees
[Ord. No. 15-73, 3 Apr
a/a/b 10-74, 7 May
a/a/b 1-76, 24 Feb
a/a/b 12-76, 8 Jun
a/a/b 2-81, 3 Mar
a/a/b 11-81, 18 Aug
73;
74;
76;
76;
81;
81]
CITY OF CAPE CANAVERAL CODE OUTLINE
TITLE VI.
Chapter 549
Chapter 551
PAGE 5.
Property Tax
[Ord. No. 25-72, 2 Jan 73;
Repealed by 12-81, 18 Aug 81]
Interim Proprietory Service Fee
[Ord. No. 19-73, 5 Jun 73;
Repealed by 12-81, 18 Aug 81]
POLICE POWERS
(600-801)
A. Generally
Chapter 601
Chapter 603
Chapter 604
Chapter 605
Chapter 607
Chapter 609
Chapter 610
B. Preservation
Florida Criminal Statutes Adopted
[Ord. No. 1-62, 19 Jun 62;
a/a/b 1-62A, 6 Aug 63]
Arrest Procedure
[Ord. No. 1-72, 1 Feb 72]
Unlawful Consumption of Alcoholic
Beverage
[Ord. No. 17-74, 4 Jun 74;
a/a/b 9-75, 6 May 75;
a/a/b 13-75, 13 May 75;
a/a/b 9-77, 17 May 77]
[Also see Chapter 733]
Civil Emergency
[Ord. No. 8-69, 21 Oct 69]
Unlawful Escape
[Ord. No. 23-71, 4 Jan 72]
Curfew for Minors
[Ord. No. 8-66, 15
a/a/b 30-74, 5
Mar 66;
Nov 74]
Disposition of Abandoned, Found
or Validly Seized Property
[Ord. No. 4-76; 18 May 76]
& Protection of Public Safety & Welfare
1. Building
Codes Prescribed
Chapter 611
Building Code
[Ord. No. 3-72, 18 Apr 72]
CITY OF CAPE CANAVERAL CODE OUTLINE PAGE 6.
Chapter 613 Plumbing Code
[Ord. No. 3-72, 18 Apr 72;
a/a/b 3-74, 5 Feb 74]
Chapter 614 Standard Mechanical Code
[Ord. No. 18-79, 6 Nov 79;
a/a/b 13-81, 18 Aug 81]
Chapter 615 Gas Code
[Ord. No. 3-72, 18 Apr 72]
Chapter 617 Electric Code
[Ord. No. 3-72, 18 Apr 72]
Chapter 618 Florida Solar Energy Standards
[Ord. No. 10-81, 7 Jul 81]
Chapter 619 Housing Code
[Ord. No. 4-67, 20 Jun 67;
a/a/b 4-67A, 19 Sep 67]
Chapter 621
Fire Prevention Code
[Ord. No. 1-69, 15 Apr 69;
a/a/b 12-73, 1 May 73;
a/a/b 20-77, 3 Jan 78]
Chapter 622 Land Clearing Burnings
[Ord. No. 10-80, 19 Aug 80]
Chapter 624 Flood Damage Prevention
[Ord. No. 5-78, 2 May 78;
a/a/b 1-81, 7 Apr 81]
Chapter 625 Standard Excavation & Grading Code
[Ord. No. 3-76, 9 Mar 76]
Chapter 627 Standard Swimming Pool Code
[Ord. No. 13-76, 1 Jun 76]
2. Comprehensive Plan
Chapter 630*
Comprehensive Plan
[Ord. No. 6-80, 1 Apr 80;
Ord. No. 9-80, 22 Jul 80]
3. Zoning Regulations
Chapter 631* Zoning Ordinance
[Ord. No. 10-75, 28 Oct 72]
*In Manual Form in City Clerk's Office.
CITY OF CAPE CANAVERAL CODE OUTLINE
4. Land Use Regulations
Chapter 651
Chapter 653
Beach and Dunes
[Ord. No. 13-62,
a/a/b 14-72,
Sign Ordinance
[No Ord. Number,
a/a/b 18-72,
a/a/b 23-73,
a/a/b 49-73,
a/a/b 21-75,
a/a/b 23-77,
Chapter 655 Birds Protected
[Ord. No. 13-71,
Chapter 657
PAGE 7.
4 Dec 62;
19 Sep 72]
30
3
3
18
7
3
Mar
Oct
Jul
Dec
Oct
Jan
65;
72;
73;
73;
75;
78]
3 Aug 71]
Tree Protection
[Ord. No. 26-73, 17 Jul 73;
a/a/b 51-73, 12 Dec 73]
5. Sanitary Regulations
Chapter 671 Sewer Service
[Ord. No. 6-66, 15 Feb
a/a/b 6-66A, 19 Jul
a/a/b 6-66B, 10 Sep
a/a/b 6-66C, 20 Sep
a/a/b 6-66D, 1 Nov
a/a/b 2-67, 21 Feb
a/a/b 12-72, 3 Oct
a/a/b 31-74, 3 Dec
a/a/b 6-75, 22 Apr
a/a/b 6-77, 3 May
a/a/b 14-79, 4 Sep
a/a/b 17-79, 2 Oct
[Also see Chapter 535]
66;
66;
66;
66;
66;
67;
72;
74;
75;
77;
79;
79]
Chapter 673 Garbage & Trash Removal
[Ord. No. 9-78, 16 May 78]
Chapter 675 Litter and Waste
[Ord. No. 25-73, 3 Jul 73]
Chapter 677 Mosquito Control
[Ord. No. 29-64, 1 Sep 64]
CITY OF CAPE CANAVERAL CODE OUTLINE PAGE 8.
6. Motor Vehicle Regulations
Chapter 681
Chapter 682
Chapter 683
Impounding of Vehicles
[Ord. No. 1-72, 1 Feb 72]
Truck Traffic
[Ord. No. 11-79, 7 Aug 79]
Off -Roadway Regulations
[Ord. No. 64-21, 4 Aug
a/a/b 18-73, 5 Jun
a/a/b 20-76, 5 Oct
a/a/b 6-78, 4 Apr
64;
73;
76
78]
Chapter 685 Parking Regulations
[Ord. No. 22-76, 18 Jan 76]
C. Regulations, Suppression & Prevention of Nuisances
Chapter 701
D. Pollution Control
Animals Controlled
[Ord. No. 10-70, 20 Oct
a/a/b 14-71, 7 Sep
a/a/b 16-71, 21 Sep
a/a/b 19-74, 18 Jun
a/a/b 7-78, 18 Apr
a/a/b 12-79, 7 Aug
70;
71;
71;
74;
78;
79]1
Chapter 711 Noise Abatement
[Ord. No. 2-74, 5 Feb 74]
E. Control and Regulation of Business Activities
Chapter 721 Occupational Licenses
[Ord. No. 11-72, 15 Sep 72;
a/a/b 23-72, 5 Dec 72;
a/a/b 16-81, 15 Sep 81]
Chapter 723
Chapter 725
Special Occupational Permits
[Ord. No. 21-66, 20 Sep 66;
a/a/b 21-74, 16 Jul 74]
Taxi Regulations
[Ord. No. 9-68,
a/a/b 10-76,
a/a/b 18-76,
a/a/b 2-77,
1
11
21
1
Oct
May
Sep
Mar
68;
76;
76;
77]
CITY OF CAPE CANAVERAL CODE OUTLINE
Chapter 727
PAGE 9.
Public Area Construction Reg-
ulations
[Ord. No. 5-67, 19 Sep 67]
Chapter 733 Alcoholic
ulations
[Ord. No.
a/a/b
a/a/b
a/a/b
a/a/b
[Also see
F. Enforcement and Penalties
Chapter 801 Penalties
[Ord. No.
Beverage Sale Reg-
23-72, 5 Dec
24-74 3 Sep
29-74, 15 Oct
23-76, 21 Dec
19-79, 4 Dec
Chapter 604]
72;
74;
74;
76;
79]
15-75, 27 May 75]
Index
ART. I
CITY OF CAPE CANAVERAL CHARTER
INDEX
CITY OF CAPE CANAVERAL CHARTER
Index
§ 1 Present Municipal Corporation Abolished
§ 2 New Municipal Corporation Incorporated; City
Boundaries Defined
§ 3 Sovereignity
§ 4 Form of Government
§ 5 Reorganization of Officers
ART. II GENERAL POWERS
§ 1 Extension of General Powers
ART. III. ELECTED OFFICERS, QUALIFICATIONS AND TERMS
§ 1 Qualifications of Mayor and Councilmen
§ 2 Appointed Officers
§ 3 Compensation of Officers
§ 4 Vacancies in Elected Offices
ART. IV THE MAYOR, POWERS AND DUTIES
§ 1 Duties of Mayor
§ 2 Additional Duties
§ 3 Election of Mayor
ART. V THE CITY COUNCIL, ORGANIZATION AND POWERS
§ 1 Meetings
§ 2 Rules of Procedure
§ 3 Quorum
§ 4 Election of Mayor and Mayor Pro Tem
ART. VI CITY MANAGER
§ 1 Appointment
ART. VII CITY ATTORNEY
§ 1 Qualifications
§ 2 Duties
§ 3 Compensation
ART. VIII CITY CLERK
§ 1 Appointment and Duties
INDEX CITY OF CAPE CANAVERAL CHARIER Index I°
ART. IX CITY TAX ASSESSOR
§ 1 Appointment and Duties
§ 2 Assessing Property
§ 3 Appraisers
ART. X CITY TAX COLLECTOR
§ 1 Appointment and Duties
ART. XI CITY TREASURER
§ 1 Appointment and Duties
ART. XII MUNICIPAL COURT
§ 1 Appointment of Judge and Formation of Court
§ 2 Duties and Powers of Judge
§ 3 Payment of Fines
§ 4 Clerk of Court
§ 5 Duties of Clerk
§ 6 Arrest and Confinement
§ 7 Taking of Bond
§ 8 Forfeiture of Bond
§ 9 Disposition of Fines
§ 10 Utilization of Prisioners
§ 11 Remittance of Fines
ART. XIII POLICE DEPARTMENT
§ 1 Continuance of Present Law Enforcement
§ 2 Clarification of Titles
§ 3 Duties of Police Chief
§ 4 Arrest
§ 5 Extending Police Jurisdiction
§ 6 Traffic Summons
ART. XIV FIRE DEPARTMENT
§ 1 Authorization of Fire Department
§ 2 Volunteer Fire Department
§ 3 Duties of Fire Chief
ART. XV PUBLIC WORKS
§ 1 Creation of Department of Public Works
§ 2 Water Department
3 Index CITY OF CAPE CANAVERAL CHARTER Index
ART. XVI BOARDS AND AGENCIES
§ 1 Department of Public Health
§ 2 Zoning and Planning Board
§ 3 Recreation Board
§ 4 Recommendations
ART. XVII GENERAL FINANCE PROVISIONS, BUDGET AUDIT AND
PURCHASING
§ 1 Fiscal Year
§ 2 Budget Committee
§ 3 General Budget Requirements
§ 4 Public Hearing on Budget Required
§ 5 Adoption of Budget
§ 6 Expenditures Limited to Budget
§ 7 Quarterly Review of Budget Required
§ 8 Deposit of City Money and Security Required
§ 9 Annual Audit Required
§ 10 Purchasing
ART. XVIII REVENUE AND TAXATION
§ 1 Property Subject to Taxation
§ 2 Tax Year Established - Tax Notices
§ 3 Taxes are Lien on Real and Personal Property
§ 4 City Council to Fix and Levy Taxes
§ 5 City Council to Fix and Establish Licenses and
Occupational Taxes
§ 6 Limitation on Real Property Taxes
§ 7 Board of Equalization Established
§ 8 Omitted Property may be Back Taxed
§ 9 Certification of Assessment Rolls
ART. XIX COLLECTION OF DELINQUENT TAXES
§ 1 Delinquent Tax Notice to be Posted
§ 2 Delinquent Tax Notice to be Published
§ 3 Sale of Tax Liens
§ 4 Tax Collector's Certificate of Sale
§ 5 Form of Tax Sale Certificate Issued to Purchaser
§ 6 Recording of Tax Sale Certificates
§ 7 Issuance of Duplicate Tax Sale Certificates
§ 8 Transfer of Tax Sale Certificates
§ 9 Redemption of Tax Sale Certificates
§ 10 Redemption of Tax Lien Property
§ 11 Redemption Receipts
§ 12 Disposal of City -Owned Tax Certificates
Index CITY OF CAPE CANAVERAL CHARTER Index
§ 13 Purchase of City -Owned Tax Certificates at
any Time
§ 14 Tax Deeds of City
§ 15 Notice of Application for Tax Deed
§ 16 Filing of Proof of Publication of Notice
§ 17 Mailing of Notice of Tax Deed Application to
Owner
§ 18 Notice to other Persons on Request
§ 19 Time of Application for Tax Deed
§ 20 Deadline of Redemption
§ 21 Land Sold at Public Auction
§ 22 Property Purchased by Other than Certificate
Holders
§ 23 Unclaimed Tax Sale Funds
§ 24 Tax Deed Form
§ 25 Disposing of City -Owned Tax Deeds Land
§ 26 Limitation on Suits to Recover Lands Sold for
Taxes
§ 27 Foreclosure of Tax Sale Certificates
§ 28 Final Decree
§ 29 Sale of Land to City in City Foreclosures
§ 30 Master's Deed
§ 31 Sale of City -Owned Land Obtained by Foreclosure
§ 32 Tax Sale Certificates Validated
§ 33 Tax Sale Certificates Evidence
§ 34 Illegal Tax Sale Certificates
§ 35 Fees to Tax Collector and Clerk
§ 36 State Statutes Applicable
ART. XX FINANCING PUBLIC IMPROVEMENTS
§ 1 Bonds Authorized
§ 2 Taxation for Bond Payment
§ 3 Revenue Bonds Authorized for Public Improvements
§ 4 Revenue Bonds Authorized for Public Utilities
§ 5 Freeholders Election Required for General Obli-
gation Bonds
§ 6 No Election Required for Revenue Bonds
§ 7 Bond Election for Multiple Improvements
§ 8 Signing Bonds
§ 9 Bond Resolution or Ordinance Required
§ 10 Sale of Bonds
§ 11 Conflict of Interest
§ 12 Refunding of Bonds
§ 13 Temporary Borrowing by City
ART. XXI ELECTIONS
§ 1 Rules Prescribed by Ordinance
.6 Index CITY OF CAPE CANAVERAL CHARTER Index
§ 2 Voters Qualifications, Method of Handling
Elections
§ 3 Deleted
§ 4 Deleted
§ 5 Deleted
§ 6 Deleted
7 Registration Fee
§ 8 Arranagements for Elections
§ 9 Voting Hours and Results
§ 10 Recall of Elected Officers
§ 11 Reasons for Recall
§ 12 Initiative Petition for Ordinance
§ 13 Filing of Initiative Petition
§ 14 Procedure on Initiative Petition
§ 15 Petition Effect on Pending Ordinance
§ 16 Referendum Ballot Form
§ 17 Repeal of Ordinances Adopted by Referendum
§ 18 City Attorney to Draft Ordinances
§ 19 Filing Fees
ART. XXII ABATEMENT OF NUISANCES
§ 1 Structures
§ 2 Wet Lands
§ 3 Refuse
§ 4 Procedure to Abate Nuisance
§ 5 Procedure as to Unknown Property Owner
§ 6 Majority of Council to Act
§ 7 One Order affects Several Parcels
§ 8 Authority of City Council - Penalties
§ 9 Failure to Comply with Order
§ 10 Validity of Liens
§ 11 Failure to Pay Amount Assessed for Lien
§ 12 Attorneys Fees
§ 13 Complaint to Foreclose Lien
ART. XXIII EXTENSION OF THE CORPORATE LIMITS
§ 1 Methods of Annexation
ART. XXIV MISCELLANEOUS
§ 1 Building Codes
§ 2 Constitutional Provision and Severability
§ 3 Transfer of Records
§ 4 Procedure for Passage of Ordinances
§ 5 General Statutes of the State of Florida
§ 6 Conflicting Laws
§ 7 Investigative Procedures
Index CITY OF CAPE CANAVERAL CHARIER Index
5 8 Nepotism
§ 9 Gender
§ 10 Continuance of Officers and Ordinances
§ 11 Freedom from Tort Liabilities
§ 12 Notice of Damage Claim Required
§ 13 Benefit from Contracts Prohibited
§ 14 This Bill to take Effect Immediately
Art. I
CAPE CANAVERAL CHARTER Art. I
HOUSE BILL NO. 167
AN ACT TO ABOLISH THE PRESENT MUNICIPALITY
OF THE CITY OF CAPE CANAVERAL IN BREVARD
COUNTY, FLORIDA, AND TO CREATE, ESTABLISH
AND ORGANIZE A MUNICIPALITY TO BE KNOWN
AND DESIGNATED AS THE CITY OF CAPE
CANAVERAL, TO BE LOCATED IN BREVARD COUNTY,
FLORIDA; TO DEFINE ITS BOUNDARIES; TO
PROVIDE FOR AND PRESCRIBE ITS GOVERNMENT,
JURISDICTION, POWERS, DUTIES, FRANCHISES
AND PRIVLEDGES; TO AUTHORIZE THE IMPOSI-
TION OF PENALTIES FOR THE VIOLATION OF
ITS ORDINANCES; TO RATIFY, VALIDATE AND
CONFIRM THE LEVIES OF TAXES MADE BY THE
CITY OF CAPE CANAVERAL AND TO PROVIDE
FOR THE COLLECTION, LIEN AND ENFORCEMENT
OF THE SAME; AND TO PROVIDE THAT THE
TITLES, RIGHTS AND OWNERSHIPS OF PROPERTY,
UNCOLLECTED TAXES, DUES, CLAIMS, JUDGE-
MENTS, DECREES, CHOSES IN ACTION, AND
OTHER PROPERTIES AND ALL POWERS HELD OR
OWNED BY THE CITY OF CAPE CANAVERAL SHALL
BE VESTED IN THE CITY OF CAPE CANAVERAL
HEREBY CREATED.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
ARTICLE I
Sec. 1 The present municipal corporation of the City
of Cape Canaveral in Brevard County, Florida, is hereby
abolished.
Sec. 2 Incorporation City of Cape Canaveral. That
a municipal corporation under and by the name of the City
of Cape Canaveral is hereby created, organized and estab-
lished in the County of Brevard and in the State of Florida,
which said City shall embrace, include and have jurisdiction
over all that territory in Brevard County, Florida, des-
cribed as follows:
The tract of land situated in Sections 14,
15, 22, 23, 26 and 27 of Township 24 South,
Range 37 East and being all of that land
lying south of the South limits of the Cape
Canaveral Missile Test Annex extended westerly
to the center line of the established ship
Art. I
CAPE CANAVERAL CHARTER Art. I
channel in the Banana River, and extended
easterly to a point in the Atlantic Ocean
1,000 feet east of the mean high water line
of the Atlantic Ocean, and north of a line
described as follows: Beginning at the in-
tersection of a westerly extension of the
South line of Lot 21 in Banana River Estates,
as recorded in Plat Book 10, page 1, of the
Public Records of Brevard County* and the
center line of the established channel of
Banana River; thence along such westerly
extension and the South line of Lot 21 in
an easterly direction to the westerly right-
of-way line of Palm Avenue (SR No. 401);
thence continue along the easterly extension
of the last described line to the East right-
of-way line of Palm Avenue (SR No. 401);
thence northerly along the East right-of-way
line of said Palm Avenue (SR No. 401) approx-
imately 2,440 feet to a point in the middle
of Block 73, in the Avon -By -The -Sea sub-
division which is the point separating Lot 1
and Lot 9 in said Block 73, thence easterly
along the rear line of the lots in Blocks 73,
74, 75 and 76, being the blocks bounded on the
North by Johnson Avenue and on the South by
Grant Avenue to the intersection of this line
with the mean high water line of the Atlantic
Ocean, thence East 1,000 feet to the East
boundary line hereinafter set forth; and
bounded on the West by the center line of the
established ship channel in the Banana River,
and on the East by a line parallelling the
shoreline and 1,000 feet East of the mean
high water line of the Atlantic Ocean; ex-
cepting the lands owned by the Canaveral Port
Authority and/or any additional Government-
owned lands as of January 12, 1962, and in-
cluding all litteral and riparian rights
pertaining thereto.
Sec. 3 Sovereignity. That said corporation shall have
perpetual succession and by the name of the City may sue,
be sued and defend, plead and be impleaded.in all courts
and places and in all matters and proceedings; may have
and use a. common seal, and alter the same at pleasure;
*Additionally lots 13 through 20 inclusive, Banana River
Estates as recorded in Plat Book 10, page 1, of Brevard
County Public Records. [Resolution No. 73-48]_
cr.
Art. I
CAPE CANAVERAL CHARTER Art. I
may aquire by gift, grant, devise, bequest, purchase or
in any other manner, similar or dissimilar, receive, own,
lease, hold, use and enjoy, or sell and dispose of, real
property or any interest therein within or without the
said municipality; may take by devise, bequest, gift,
donation or otherwise any real property, within or with-
out the territorial limits of said municipality, in
trust for public, charitable, or other purposes, and do
all acts and things necessary or appropriate to effectuate
such trust, with power to manage, sell, lease, or other-
wise dispose of said property in accordance with the terms
of said trust; may use any of said real property, whether
within or without the territorial limits of said munici-
pality for parks, playgrounds, roads, disposal plants,
waterworks, electric light plants, ice plants, gas plants,
and the erection, maintenance and operation of municipal
buildings, works and constructions of every kind and
character, including municipal offices, schools, court-
house, fire and police stations, houses of detention and
correction, hospitals, infirmaries, asylums, dispensaries,
wharves, docks, toll bridges and markets, lighting and
power plants and waterworks, to supply light power and
water for public purposes, or to be sold for profit, and
buildings, bridges, works and construction for all other
purposes that said municipality, through its proper
authorities, may deem necessary or proper for the welfare
of said municipality, of the inhabitants thereof, and may
exercise all other powers herein conferred.
Sec. 4 Form of Government. The municipal government
provided by this act shall be a Mayor -Council Government.
Subject to the limitations imposed by the Constitution
and laws of this State and by this act, all powers of
the City shall be vested in an elected council, herein-
after referred to as the "City Council" or "Council."
All powers of the City shall be exercised in the manner
provided by this act, or if the manner be not so provided,
then in such manner as may be set forth by ordinance or
by general laws of the State. of Florida.
Sec. 5 Reorganization of Officers. The government
and corporate authority of the City shall be vested in
a City Council and in a mayor who shall be a member of
the Council. Such Council shall consist of five members.
The term of the councilmen shall be two years. The pre-
sent councilmen or their successors shall continue in
office until the first election of councilmen held under
the provisions of this act. The three councilmen receiving
the greatest number of votes in the said election shall
Art. I CAPE CANAVERAL CHARTER Art. II 0-C
serve for two years. The remaining two shall serve until
the general city election held in 1964. Thereafter each
councilman elected shall serve for a term of two years
or until their successors shall be elected and qualified.
In the even -numbered years, the three candidates, respect-
fully, receiving the highest number of votes, shall be
deemed elected. Such other offices as may exist at this
time shall be abolished unless authorized by the provisions
of this act. Commencing with the general city election
held in 1971, two councilmen shall be elected for a period
of three (3) years; commencing with the general city elec-
tion in 1972, two councilmen shall be elected for a period
of three (3) years; thereafter each councilman elected
shall serve a term of three (3) years, or until his succes-
sor shall be elected and qualified. Commencing with the
general city election in 1971, the office of Mayor shall
be elected with the candidate for Mayor receiving the
highest votes, serving for two (2) years. In the general
city election in 1973, the office of Mayor shall be
elected for a period of three (3) years; thereafter the
Mayor elected shall serve for a term of three (3) years
or until his successor shall be elected and qualified.
[Amended by General Election, June 2, 1970]
ARTICLE II
GENERAL POWERS
Sec. 1 Extension of General Powers. The city shall
have the powers, functions and immunities granted to
municipal corporations by the Constitution and the general
laws of the State of Florida, as now or hereafter existing,
together with the implied powers necessary to carry into
execution all the powers granted. The enumeration of
particular powers by this act shall not be deemed to be
exclusive, and in addition to the powers enumerated here-
in or implied hereby, or appropriate to the excercise of
such powers, it is intended that the City shall have and
excercise all powers authorized by general laws of Florida
which it would be competent for this act to specifically
enumerate. The following are among the powers of this
City, subject to the limitations hereinafter expressed:
1. To purchase, lease, receive and hold property,
real, personal and mixed, both within and without its
corporate limits, and to lease, sell or otherwise dispose
of the same for the benefit of the City;
Art. II
CAPE CANAVERAL CHARTER Art. II
2. To acquire title to submerged lands and riparian
rights and easements or rights of way with or without
restrictions, within or without the corporate limits of
the City;
3. To excercise the right and power of eminent domain
for the purpose of condemning any real or personal property,
either within or without the corporate limits of the City,
or within or without Brevard County, Florida (including
properties in other municipalities), required for any law-
ful municipal, public, corporate or proprietary purpose,
and to pay just compensation for said property;
4. To extend or enlarge the corporate limits of the
City and to include therein contiguous areas as herein
provided;
5. To consolidate with any contiguous municipality
in the manner provided by the general laws of the state
and by this act;
6. To declare that any territory embraced within the
corporate limits of the City shall be a bird sanctuary;
7. To construct, regulate, improve and maintain canals,
rivers and other waterways, and to control the development
and use of such natural or artificial streams or bodies of
water inside its corporate limits, or outside its corporate
limits where necessary for the health, safety and general
welfare of the citizens of the City;
8. To establish pier and bulkhead lines for all waters
within or bordering the corporate limits of the City;
9. 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, including the power to restrict, limit,
regulate, license, franchise., tax or prohibit the use of
the ocean beach for businesses, occupations or professions.
The use of the ocean beach for public recreational purposes
is hereby declared to be paramount to its use for any other
purpose;
10. To establish a harbor line in the Atlantic Ocean
and to control and prohibit the use of submerged land west
thereof except for boating, fishing and bathing;
Art. II CAPE CANAVERAL CHARTER Art. II
11. To appropriate money for the payment of the oper-
ating expense of the City, and for the payment of the
debts existing or hereafter incurred;
12. To borrow money for current operating expenses
for a period not longer than the remainder of the fiscal
year in which the loan is made, and this power shall be
in addition to the other powers to borrow money set forth
in this act, or granted by the general laws of the state;
13. To borrow money for any lawful municipal, public,
corporate or proprietary purpose, and to contract debts,
and to make and issue bonds, certificates of indebtedness,
notes, and other evidences of indebtedness provided, that
the procedure therefore shall be in conformity with this
act and the Constitution and General Laws of Florida;
14. To appropriate money for the purpose of giving
publicity to the advantages, facilities and products of
the City; and to expend the money so appropriated, either
direct or through boards or other nonprofit corporations
or organizations established for such purposes;
15. To invest the surplus funds of the City;
16. To open, extend, close, vacate, abandon, construct,
pave, operate, improve, repair and maintain, streets, roads,
alleys, sidewalks, promenades, boardwalks, bridges, parking
areas and facililites and public thoroughfares of all kinds
and descriptions and to regulate and control the use, en-
roachments in, upon, over and under, and the obstruction
•thereof;
17. To regulate, control or prohibit the use of the
City streets, or any part of the same, for the location
of electric, telephone or telegraph, or other poles or
wires; and to require the removal of wires or poles from
any street of the City, and the location of such wires
underground in conduits or pipes;
18. To regulate, prohibit, or control the erection,
construction or maintenance of any obstruction in any
street, alley, lane, parks, or other public place, in
the City, and to regulate, restrain or control the
erection or maintenance of any fence, sign, billboard or
post within the City;
19. To own, lease, operate, construct, maintain,
regulate and improve, hospitals, libraries, industrial
Art. II
CAPE CANAVERAL CHARTER Art. II
parks, parking lots, parks, playgrounds, airports, golf
courses, marinas, piers, wharves, swimming pools, bathing
beaches, stadiums, auditoriums, civic centers, aquariums,
museums, recreational centers, and any cultural, education-
al, recreational and municipal buildings, jails, houses of
detention, houses of correction, and any other necessary
public and municipal facilities and projects of all kinds
and descriptions, and to sell or lease such institutions,
buildings, facilities or properties;
20. To regulate, restrict or prohibit cemeteries and
the burial of the dead within the corporate limits of the
City;
21. To regulate and restrict the height, number of
stories and size of buildings and other structures, the
percentage of any lot that may be occupied, the size of
yards, courts, and other open spaces, the density of
population, and the location, relocation, and use of build-
ings, structures and land and water, for trade, industry,
residence or other purposes, and to divide the city into
districts or zones for said purposes; and within such
districts to regulate or restrict the erection, construc-
tion, reconstruction, alteration, repair or use of buildings,
structures or land within such zones or districts, and to
provide the manner for making changes and amendments thereto;
the said power either to be exercised under the general
municipal zoning law of the State of Florida, or under this
power without reference to or control by said general law;
22. To regulate, restrain, and prevent the establishment
of all manufactories, businesses, occupations, or residences
of a nature tending to increase or produce fires, offensive
odors, harmful ash, dust or residue, or unnecessary noises,
or markedly decrease the value of surrounding property, and
to prescribe areas of the City in which any such place shall
be established;
23. To prevent pollution, or threatened pollution of
its water supply or any water and any bay, stream, canal,
river, ocean or underground waters within the corporate
limits of the City or outside its corporate limits where
necessary for the health, safety and general welfare of
the inhabitants of the City;
24. In the interest of the public safety, and to pre-
vent fires, to regulate and control the erection, relocation,
repair and maintenance of buildings within the City, and
Art. II
CAPE CANAVERAL CHARTER Art. II
character of such building or the materials of which the
same are constructed, and to regulate and designate the
location of motor vehicle service stations;
25. To condemn and order to be demolished and removed,
or to be put in a state of sound repair, any and all dilap-
idated, unsanitary and unsafe buildings or structures, and
if the owners of such buildings or structures fail to obey
such orders, then at the discretion of the City Council, to
demolish and remove or put the same in sound state of repair
and assess the entire cost thereof against said property,
said assessment to be a lien against the property assessed
until paid;
26. To define, prevent and abate all nuisances;
27. To require alllands, lots and other premises
within the City to be kept clean, sanitary and free from
trash, refuse, weeds, palmetto and other wild growth, or
to make them so at the expense of the owner, assessing the
cost thereof against said property, the City to have a lien
therefor, until discharged by payment, for any and all ex-
penses incurred in so cleaning property and lots and making
the same sanitary and free from said trash, refuse, weeds,
palmetto and other wild growth;
28. To provide for reclaiming lands, by filling in the
same, by dredging, ditching, draining and canals, by build-
ing sea walls and other walls necessary, and to do and
perform all those acts and things necessary to the general
welfare and public improvements of the City, including the
right and power to construct public wharves, docks, bridges,
causeways, piers, and parks, and to charge and collect tolls
from the public for the use of same;
29. To drain swamp, marsh, overflow and lowlands within
or without the City for the betterment of sanitary conditions
within the City;
30. To create a housing authority and to provide the
powers and duties thereof by ordinance;
31. To adopt and enforce sanitary regulations and to
appoint a City Health Inspector and to provide his duties,
powers and responsibilities by ordinance;
32. To acquire, own, operate, lease, construct and
maintain incinerators, sanitary land fills or other means
of garbage and trash disposal within or without the corporate
limits of the City;
Art. II
CAPE CANAVERAL CHARTER Art. II
33. To regulate shipping and the use of docks and boat
landings within the City;
34. To purchase, hire, construct, own, maintain, operate,
regulate or lease public utilities;
35. To furnish any and all local public services;
36. To fix the maximum charges for gas, electric lights,
electric power, water, telephones, ice and other commodities
or services furnished or performed by public utilities,
whether operated by the City or by individuals or corpor-
ations; provided, however, that such power shall not be
exercised with respect to any utility or service subject
to the jurisdiction or regulatory authority of the Florida
Railroad and Public Utilities Commission or other agency
of the State of Florida;
37. To grant franchises of all kinds and descriptions
and to regulate the exercise thereof;
38. To provide police, fire, life guard, building in-
spection and similar protection and services, including
support and assistance to a volunteer fire department;
39. To pass such ordinances as may be necessary to
protect and preserve peace and order upon all property
owned, leased, managed or controlled by the City outside
its corporate limits;
40. To exercise all police powers granted to munici-
palities by the Constitution and laws of the State of
Florida, as now or hereafter existing, and to adopt such
ordinances, rules and regulations as are necessary to
maintain and preserve the public health, peace, safety
and welfare, including ordinances regulating the keeping
of domestic and other animals within its corporate limits,
and to impose penalties and forfeitures to carry the same
into effect;
41. To provide for the punishment of persons who may
at any time disturb the peace of the City, and to do or
regulate any other matter or thing that may tend to pro-
mote the health, welfare, prosperity and morals of the
City, and to prohibit and suppress all bawdy houses and
disorderly houses and any exhibition show, circus, parade
or amusement contrary to good morals and to prohibit and
suppress the distribution, sale or possession of obscene
pictures and literature;
Art. II
CAPE CANAVERAL CHARTER Art. II
42. To provide for the arrest, imprisionment, and
punishment of vagrants, rioters and disorderly persons,
breakers of the peace and assemblies of persons on the
sidewalks or streets in such manner as to interfere with
the free and full use of the same for passage of persons
or vehicles;
43. To regulate the speed at which vehicles, boats and
other crafts are operated within the corporate limits of
the City;
44. To regulate, restrain or prohibit the storage,
sale or use of firearms, tar, pitch, resin, gunpowder,
petroleum products, fireworks and other combustible,
explosive or inflammable material;
45. To regulate where necessary, and subject to the
authority of the applicable Federal agency, the operation
of air vessels within or over the City, and to license,
tax and regulate airports, airfields and other property
used for the landing or service of air vessels;
,46. To dispose of seized, abandoned or captured
property;
47. To fix and enforce standards and knowledge and
ability for all persons engaged in the practice of any
profession, trade, occupation or business affecting the
public interest, including mechanics, plumbers, pipe
fitters, electricians, carpenters, masons, painters and
other persons engaged in the construction and repair of
buildings, equipment or personal property, to license,
regulate and control the said persons, and provide for
the examination and inspection of their work, to require
applications for building permits for all buildings and
electrical, gas or plumbing installations, or other in-
stallations, to be erected, altered, reconstructed or
repaired and for the inspection of the same, and to
collect fees to pay the expenses of examination and in-
spection of such persons and their work;
48. To provide hospitalization and other insurance
for any of its officers and employees, and to pay the
whole or any part of the cost and premiums thereof;
49. To raise annually by the assessment, levy. and
collection of taxes upon all property subject to tax-
ation under the laws of the State of Florida as herein
provided, such sums of money as may be required for
?� Art. II
CAPE CANAVERAL CHARTER Art. II
municipal purposes, including the payment of the principal
and interest of any indebtedness of the City now existing
or hereafter created;
50. To levy, assess and collect taxes as herein provided;
51. To levy and collect special or local assessments for
public improvements in the manner herein prescribed;
52. To make its own valuations of property for the pur-
pose of municipal taxation, without regard to the valuation
made by the County for taxation; provided, however, that
the valuation so made by the City for municipal taxation
shall be just and have a fair relation to a uniform and
equal rate of taxation;
53. To enforce any of the liens accruing to the City as
herein provided, or as provided by the general laws of the
state, in any manner authorized by law for the enforcement
of liens, including the manner provided elsewhere in this
act, and if no interest rate is specified herein the liens
shall bear interest at the rate of six (6) percent per year;
54. To impose, levy and collect excise taxes on any
admissions to places of amusement or athletic contests,
with the power of selection and the amount of such taxes
shall not be dependent upon any general state law;
55. To impose, levy and collect license taxes upon
privledges, businesses, occupations and professions.
carried on and engaged in, in whole or in part within
the City, except such as may be specifically exempted by
law from municipal license taxation; and to classify and
define such privileges, businesses, occupations and pro-
fessions for the purpose of taxation; and without regard
to whether the said privileges, businesses, occupations
and professions shall be taxable by the state or not;
56. To license, regulate, limit, restrict, restrain
or prevent sales, consumption or service of alcoholic
beverages, either for consumption on the premises or in
containers for consumption off the premises; or to limit
or restrict the areas in said City in which such beverages
may be sold, with the power to select and establish zones
where such beverages may not be sold; or to limit or re-
strict the number of places in said City in which such
beverages may be sold or served for the consumption on
the premises or sold in -containers for consumption off
the premises; or to limit or restrict the number of
Art. II I CAPE CANAVERAL CHARTER Art. III
persons who may be issued licenses for such sales; any such
power herein granted, not being limited or prohibited, by
any general state law except where specifically so provided
by law;
57. To license, regulate, limit, franchise, register and
control taxis, buses and other means of public transpor-
tation operated within the City; to control and register
the drivers thereof, to fix the rates to be charged for
the carriage of persons or baggage within the City and to
require that all vehicles used for the public transportation
of persons shall be covered by a bond, as fixed by ordinance
for the protection of passengers and the public (and with-
out regard to whether the same shall be licensed, taxed,
or regulated by the state or not, and without regard to
the rate of taxation to be fixed by the general state law,
except where specifically so provided);
58. To license, control, tax, regulate and cause to be
registered, or to prohibit on any of the City streets,
parts of streets or public ways, bicycles, scooters and
vehicles and conveyances of any kind whatsoever, and to
license, tax, regulate and cause the driver thereof to
be registered:
59. To license, control, tax and regulate traffic and
sales upon streets, sidewalks, parks and public places
within the City and to regulate, suppress and prohibit
hawkers, vendors and peddlers upon such streets, sidewalks,
parks and public places;
60. To fix and provide by ordinance for a tax on dogs
kept within the City; and to provide that dogs on which
such tax shall not be paid may be disposed of under such
conditions as may be provided by said ordinance;
61. The City of Cape Canaveral shall have the power
to adopt laws, ordinances, rules and regulations for the
purpose of exercising the foregoing powers and to do all
other acts and perform all other functions reasonably
required for the protection of the public welfare, and
the rights and privileges of the inhabitants of said City.
ARTICLE III
ELECTED OFFICERS, QUALIFICATIONS AND TERMS
Sec.1 Qualifications of Mayor and Councilmen. The
Mayor and members of the City Council shall be residents
Art. III
CAPE CANAVERAL CHARTER Art. III
of the City of Cape Canaveral and shall have and possess
the qualifications of freeholder electors therein. They
shall have been residents of the City or an area annexed
by the City for a period of two years immediately pre-
ceding their election. Any member of the Council or any
Mayor who shall cease to have and possess the qualifications
imposed on such office or who shall, while in office, be
convicted of a crime involving moral turpitude, shall for-
feit his office and his seat shall immediately become vacant.
Absence from four consective regular meetings of the City
Council, or from thirty percent of the meetings held
annually shall operate to vacate the seat of a member of
the City Council or the office of Mayor unless such absence
shall be excused by a resolution duly adopted by the City
Council.
Sec. 2 Appointed Officers. The City Council shall have
the power to appoint, employ and remove from office such
officers and employees of the City as the City Council
shall deem necessary for the operation of the City. Said
appointments and removals shall be subject to the majority
vote of the City Councilmen. The City Council shall fix
the compensation of all appointed officers and employees
of the City. The offices of City Clerk, Tax Assessor, Tax
Collector and City Treasurer may be held by one and the
same person, or may be combined in the office of City
Clerk, or may be combined in such manner as the City Council
may direct.
Sec. 3 Compensation of Officers. The City Council may,
by ordinance, provide for the compensation of the Mayor,
its members and its appointed officers, and the method
of payment of the same. The first ordinance to provide
for the compensation, if any, of the Mayor or the Council-
men shall be passed at least sixty (60) days, but not more
than ninety (90) days prior to the General City Election
of 1965. At that time, the compensation to be paid to
the Mayor and the Councilmen during the following two
years may be established. Suchaction shall be taken
thereafter at two-year intervals at least sixty (60) days,
but not more than ninety (90) days, preceding the General
City Election. Compensation for City Councilmen shall
not exceed six hundred dollars per year during the first
four years in which such compensation shall be paid or
twelve hundred dollars thereafter. The compensation paid
to the Mayor shall not exceed eight hundred dollars per
year during the first four years such compensation shall
be paid or sixteen hundred dollars per year thereafter.
Art. III
CAPE CANAVERAL CHARTER Art. IV
Sec. 4 Vacancies in Elected Offices. If any vacancy
occurs in the City Council, for any reason other than the
recall of a Councilman, the City Council shall, within
thirty (30) days following the occurrence of the vacancy,
elect a successor Councilman who shall serve for the re-
mainder of the term of office of the Councilman he
succeeded. Any Councilman so elected shall take office
immediately upon his election and qualification. If
three (3) or more seats on the City Council shall be
vacant at the same time, the Governor shall appoint,
successor Councilmen to fill the vacancies on the City
Council and any Councilmen so appointed shall serve un-
til their successors shall be elected and qualified.
The City Council shall call a special election to fill
the unexpired terms of office of the Councilmen whose
seats become vacant, and said election shall be held
within sixty (60) days following the said appointments
by the Governor. If such appointments shall be made
within six months of the next General Election, no
special election shall be required but those offices
shall be filled at such General Election. If there shall
be a vacancy in the office of Mayor, the Mayor Pro Tem
shall serve as Mayor until the next General election
of the City, at which time an election shall be held
for the unexpired term of the vacated office of Mayor.
[Amended by General Election, June 2, 1970]
ARTICLE IV
THE MAYOR, POWERS AND DUTIES
Sec. 1 Duties of the Mayor. The Mayor of the City
shall see that all ordinances are faithfully executed
and shall be the titular head of the City government.
He shall be the official representative of the City at
all state functions or other functions requiring an
official representative of the City. The Mayor shall
not have the power to veto any ordinance or resolution
passed by the City Council. The Mayor shall vote on
issues coming before the Council as if he were a council
man. During the absence or disability of the Mayor his
duties shall be performed by the Mayor Pro Tem.
[Amended by General Election, June 2, 1970]
Sec. 2 Additional Duties. The Mayor shall also
recommend and propose such legislation and other matters
of a similar nature to the City Council which he deems
expedient and proper. The Mayor shall preside at
meetings of the City Council.
31
Art. IV
CAPE CANAVERAL CHARTER Art. V
Sec. 3 Election of Mayor. The office of Mayor shall
be elected commencing with the general city election in
1971, and the candidate receiving the highest number of
votes shall serve for a period of two (2) years; com-
mencing with the general city election in 1973, the Mayor
shall be elected for a term of three (3) years and there-
after the Mayor elected shall serve a three (3), year term
or until his successor shall be elected and qualified.
[Added by General Election, June 2, 1970]
ARTICLE V
THE CITY COUNCIL, ORGANIZATION AND POWERS
Sec. 1 Meetings. The City Council shall meet at such
time and place as may be prescribed by ordinance or res-
olution. The Council shall hold a minimum of two meetings
per month. Special meetings may be held on an affirmative
vote of a majority of the City Councilmen. All meetings
of the City Council for the transaction of official busi-
ness shall be open to the public.
Sec. 2 Rules of Procedure. The City Council may enact
its own rules of procedure, may prescribe penalties for
the nonattendance and misconduct of its members and en-
force the same, may compel the attendance of members and,
on a four -fifths vote, may expel a member for misconduct
in office or neglect of duty. Misconduct shall include
the acceptance of gifts, gratuities or service intended
to influence a member's consideration, vote or action
upon any official business of the City. [Amended by
General Election, June 2, 1970]
Sec. 3 Quorum. A majority of all members of the City
Council shall constitute a quorum to transact business.
Sec. 4 Election of Mayor and Mayor Pro Tem. The City
Council shall annually elect from its membership a Mayor
and a Mayor Pro Tem. Commencing with the general city
election in 1971, the City Council shall annually elect
from its membership a Mayor Pro Tem, who shall act as
the Mayor in the Mayor's absence. [Amended by General
Election, June 2, 1970]
Art. VI
CAPE CANAVERAL CHARTER Art. VII
ARTICLE VI
CITY MANAGER
Sec. 1 Appointment. If the City Council shall, by
ordinance, appoint a City Manager, he shall be the
administrative head of the government and shall be
responsible for the effective administration of all
departments of the City. He shall be chosen on the
basis of his executive and administrative qualifications.
He may or may not be a resident of the City or of the
State of Florida. He shall hold office at the will of
the Council, and shall receive such salary as may be
fixed by the Council. The duties of City Manager shall
be established by the Council. In the case of sickness
or absence of the City Manager, the City Council may
appoint another person, not a member of the Council, to
act for the City Manager during his sickness or absence
and the person so appointed may, during the sickness or
absence of the City Manager, act for him and perform all
his duties and all such acts of the person so appointed
shall be as valid as those performed by the City Manager.
ARTICLE VII
CITY ATTORNEY
Sec. 1 Qualifications. The City Council shall appoint
a City Attorney and such Assistant City Attorneys as may
be necessary, who shall serve at the pleasure of the
Council and act as the legal advisor for the municipality
and of its officers in matters relating to their official
duties. He shall be a lawyer of experience and practice
in the courts of the State of Florida.
Sec. 2 Duties. The City Attorney shall prepare all
contracts, bonds and other instruments in writing in
which the municipality is concerned, or shall indorse on -
each his approval of the form, language and execution
thereof; and no contract with the municipality shall be
binding upon the municipality until the City Attorney
has -examined said contract. When required by the Council,
he shall be the prosecutor in the Municipal Court, and
when required by the Council, he shall prosecute and
defend, for and in behalf of the City, all complaints,
suits and controversies in which the City is a party.
3�
Art. VII
CAPE CANAVERAL CHARTER Art. IX
He shall furnish the Council, or the City Clerk, his
opinion on any question of law relating to their re-
spective powers and duties, and he shall perform such
other professional duties as may be required of him by
ordinance or resolution of the Council or by this act,
or such as are prescribed for City Attorneys under the
general laws of this state, not inconsistent with this
Charter.
Sec. 3 Compensation. The City Council may, from time
to time, by resolution, fix the regular compensation of
the City Attorney at a sum commensurate with the duties
which may be imposed upon him by this act and by the
Council, provided, that all special or unusual services
required of the City Attorney, the fee for which is not
otherwise prescribed in this act, may be specially com-
pensated as the Council may see fit to provide.
ARTICLE VIII
CITY CLERK
Sec. 1 Appointment and Duties. The City Council shall
appoint a City Clerk and such deputies as might be re-
quired. It shall be the duty of the City Clerk to attend
all meetings of the City Council, and to keep correct
minutes of all their proceedings in a book kept for that
purpose. The City Clerk shall be custodian of papers,
books and records of the City and of the seal of the
City, and shall attest and affix the seal of the City
to all instruments and documents requring the same; and
he shall perform such other duties as are prescribed in
this act or required by ordinance, or shall be required
by the City Council from time to time.
ARTICLE IX
CITY TAX ASSESSOR
Sec. 1 Appointment and Duties. The City Council shall
appoint a City Tax Assessor. He shall serve at the
pleasure of the Council. He shall prepare tax maps,
assess all properties within the corporate limits of the
City for taxation, maintain assessment rolls and perform
all the usual duties of a tax assessor.
Art. IX CAPE CANAVERAL CHARTER Art. X 3
Sec. 2 Assessing Property. It shall be the duty of
the tax assessor, between the first day of January and
the fifteenth day of July of each year to ascertain by
diligent search and inquiry all taxable property, real
and personal, railroads, telephone and telegraph lines
within the City, and the name of the person, firm or
corporation owning the same as of the first day of Jan-
uary of each year, and to make an assessment of the full
cash value of all such property which is taxable. The
tax assessor shall visit and inspect all of the real
estate, unless personally acquainted therewith, and the
improvements thereon, and shall fix the valuation of the
same, and shall require the owner or owners of personal
property to return the same and fix the valuation there-
of. In case the owner or owners of any personal property
shall neglect or refuse to return the same and fix the
valuation thereof, the tax assessor shall place a value
thereon to the best of his knowledge, information and
belief, and any person or persons failing or refusing
to make such returns on or before the first day of April
in each year shall not be permitted afterwards to reduce
the valuation placed thereon by the City Tax Assessor for
the current year. The tax rolls and records of the tax
assessor's office shall be open for public inspection at
all reasonable times.
Sec. 3 Appraisers. The City may employ, by contract
or otherwise, an appraiser to appraise any or all property,
real and personal, within the corporate limits of the City,
or may accept the value placed on such property by the
Brevard County Tax Assessor. The office of the City Tax
Assessor may be combined with other offices as provided
by this act.
ARTICLE X
CITY TAX COLLECTOR
Sec. 1 Appointment and Duties. The City Council shall
appoint a City Tax Collector. It shall be the duty of the
City Tax Collector to collect all taxes on real and per-
sonal property in the City according to the assessment
rolls and as shall be required by law and the ordinances
of this City; to collect all license taxes on all trades,
professions, occupations and businesses as shall be pro-
vided by the provisions of this act or by law and or-
dinance; to collect all such funds and file his receipt
Art. X
CAPE CANAVERAL CHARTER Art. XII
thereof. All funds collected by him shall be immediately
paid over to the City Treasurer, to be deposited by him
in the City Depository. As tax collector, he shall make
monthly reports to the City Council on all moneys and funds
collected by him or coming into his hands, and shall make
any additional reports as may be required of him by the
City Council, and he shall perform such other duties as
are prescribed by this act or required by ordinance or
shall be required by the Council from time to time.
ARTICLE XI
CITY TREASURER
Sec. 1 Appointment and Duties. The City Council shall
appoint a City Treasurer. It shall be the duty of the
City Treasurer to receive all moneys and funds coming in
or belonging to the City for taxes, licenses, fines and
from any and all sources whatever, and he shall keep a
faithful and strict account of all such moneys and funds,
and shall pay same out only upon the order of the City
Council, made in pursuance of law and ordinance. It
shall be the duty of said City Treasurer to keep a
strict account of each fund separate. All City funds
shall be kept and deposited as shall be directed by the
City Council. The City Treasurer shall prepare all checks
and vouchers to be drawn on the City depositories, and
shall sign the same and present such checks to the Mayor,
or in his absence to the Mayor Pro Tem, to be counter-
signed as provided herein, or as otherwise provided by
ordinance of the City Council. He shall perform such
other duties as the City Council, from time to time,
shall require of him.
ARTICLE XII
MUNICIPAL COURT
Sec. 1 Appointment of Judge and Formation of Court.
The Municipal Court of the City of Cape Canaveral shall
be presided over by the Municipal Judge, who shall be a
licensed attorney -at -law, appointed by the City Council,
and the said court is hereby established, which court
shall have jurisdiction to try the violation of all or-
dinances of the City, and to inflict such penalties as
the ordinances may prescribe, not to exceed a fine of
five hundred dollars, or imprisonment for sixty days,
or both fine and imprisonment, for any one offense.
Art. XII
CAPE CANAVERAL CHARTER Art. XII
Sec. 2 Duties and Powers of the Judge. The Municipal
Judge shall have the power by his warrants to have brought
before him any person or persons charged with the violation
of City ordinances, and shall have exclusive original juris-
diction over all proceedings of a criminal nature for the
violation of any ordinance of the City. In the proper
exercise of the functions of the Municipal Court within
its jurisdiction as herein defined, the Municipal Judge
shall have the power and is authorized to issue and cause
to be served any and all writs and processes such as are
issued by Justices of the Peace in the State of Florida,
and the Police of the City of Cape Canaveral are authorized
and it is made their duty to execute and serve any and all
such writs and processes issued out of the said Municipal
Court by the Municipal Judge and to make proper return
upon the same to such court in the manner as is required
of Constables and Sheriffs in the execution of similar
papers. The Municipal Judge shall have power and authority
to take bail for the appearance of an accused person, to
require the attendance of witnesses for the City and for
the accused person, to administer oaths, take affidavits
and to inquire into the truth or falsity of all charges
preferred, to decide on the guilt or innocense of the
accused, and to fix and impose such penalties by sentence
as are prescribed and provided under the ordinance of the
City, and to have all powers incidential and unusual to
the due enforcement of such City ordinances. The Municipal
Judge is hereby granted the authority and shall have the
power to issue search warrants to run throughout the ter-
ritory of the City of Cape Canaveral and such search
warrants may be served by the Police of the City of Cape
Canaveral. The procedure and grounds for the issuance
of said search warrant shall be the same as that provided
by general law, except that the violation of a municipal
ordinance shall be treated as a misdemeanor is treated
under the general law in determining probable cause for
issuance of said search warrant.
Sec. 3 Payment of Fines. All persons convicted in the
Municipal Court shall forthwith pay all fines and costs
assessed against them, and in default of payment thereof,
may be committed to jail at such place as directed by the
court.
Sec. 4 Clerk of Court. The City Clerk, or his deputy,
of the City of Cape Canaveral, shall be the Clerk of the
said Municipal Court.
Art. XII
;CAPE CANAVERAL CHARTER Art. XII
Sec. 5 Duties of Clerk. The Clerk of the Court shall
keep a docket in which shall be entered the title of all
cases tried in such court, the nature of the offense
charged, the names of all witnesses sworn, and by whom
called, the findings and judgment of the court, and the
fine and cost incurred, and by whom, whether the judg-
ment is satisfied, and if so, how satisfied, and the date
of appeal, if granted. Upon the conviction or acquittal
of any defendant, the Clerk shall procure, and file in
his office, the complaint, warrant or other processes,
and all papers in the case, and a copy thereof, and of
entries upon the docket above mentioned, when certified
to by him as being a true copy of the original in his
keeping, under seal of the City, shall be prima facie
evidence thereof and of the facts therein stated, and
should have the same force and effect in all courts as
would the original if produced and proved as such. When
so required, the Clerk may take affidavits of persons
charging another with the violation of an ordinance or
law of the City, and to issue warrants thereon, re-
turnable before the Municipal Court. Such Clerk may
issue writs and warrants except search warrants.
Sec. 6 Arrest and Confinement. All persons arrested
for violation of any ordinance or breach of the peace
committed within the City limits, or upon the property
of the City outside of its limits, and within the juris-
diction of the Municipal Court as defined under this act,
shall be immediately confined in the City jail or house
of detention, or in such other place as may be designated
by ordinance, and remain there until a hearing has been
had before the Municipal Court, unless such person or
persons shall give proper security, in which event they
may be released.
Sec. 7 Taking of Bond. The Municipal Judge or the
Clerk of the Municipal Court or such deputies as des-
ignated by the City Council, shall have authority to
take from persons so arrested, a bond or other security
for appearance before the Municipal Court, but no such
bond or security shall be for less than five dollars
nor more than five hundred dollars.
Sec. 8 Forfeiture of Bond. In all cases where accused
persons have been released upon bond or other security,
and they fail to appear, the Municipal Court shall de-
clare such bond or security estreated, and such action
shall be recorded upon the docket, and in such case the
Municipal Judge may, at his discretion, issue a capias
for the rearrest of the accused person.
Art. XII
CAPE CANAVERAL CHARTER Art. XIII
Sec. 9 Disposition of Fines. The Municipal Court
shall have authority to preserve order and decorum, and
shall be invested with the same powers to that end, by
fine and imprisonment as are possessed and authorized to
be exercised by Criminal Courts of Record within the
state. All fines, penalties and fees collected by the
Municipal Court shall be a part of the revenue of the
City, and shall be paid to the City Treasurer on the
day on which collected and receipt taken therefor. The
moneys so paid into the City Treasury may, by resolution
of the City Council, be appropriated to any particular
fund, and shall thereafter be used in accordance with
such resolution.
Sec. 10 Utilization of Prisoners. All persons imprisoned
after conviction in the Municipal Court shall be required
to work for the City at such labor as their health and
strength will permit, within or without the limits of the
City, not exceeding eight hours each day and for not ex-
ceeding sixty consecutive days for one offense.
Sec. 11 Remittance of Fines. No fine or other penalty
imposed by the Municipal Court shall be remitted except
by action of the City Council upon the recommendation of
the Municipal Judge; provided, however, that this shall
not be construed as precluding the Municipal Judge from
suspending sentences imposed by such court, if such sus-
pension is made at the time the sentence is imposed.
ARTICLE XIII
POLICE DEPARTMENT
Sec. 1 Continuance of Present Law Enforcement. The
present City Marshall, Roy L. Staton, or his appointed
successor in office, shall continue to serve in that
office and perform the duties thereof until such time
as a plan for law enforcement is adopted by the City
Council and placed in operation; and such plan shall
be adopted by the City Council within ninety days fol-
lowing the effective date of this act.
Sec. 2 Clarification of Titles. Such law enforce
ment agency as shall be established under the provisions
of Article XIII, Section 1, of this act shall fulfill
the duties established by this act for the Police
Department, and the Chief Law Enforcement Officer of
such agency shall perform those duties delegated to the
Chief of Police by this act.
'3
Art. XIII
CAPE CANAVERAL CHARTER Art. XIV
Sec. 3 Duties of Chief of Police. It shall be the
duty of the Chief of Police to attend meetings of the
City Council as directed by the City Council; to aid in
the enforcement of order; to execute all papers and
processes of the City or its authorities; to attend
Municipal Court during its sittings; to execute its
commands and to aid in the enforcement of order therein
and to perform such other duties as may be lawfully re-
quired of him. Subject to the authority and instructions
of the City Council, the Chief of Police shall have and
exercise control over the Police Department.
Sec. 4 Arrest. The Chief of Police, his deputies,
and any designated police officer of the City, shall
have the power and authority of arrest upon any warrant
issued upon sworn complaint and to immediately arrest,
with or without warrant, and take into custody any
person who shall commit, threaten or attempt to commit
in his presence or within his view, any offense pro-
hibited by the ordinances and laws of the City, and
shall without unnecessary delay bring the offenders
before the Municipal Court to be dealt with according
to law.
Sec. 5 Extending Police Jurisdiction. The Chief of
Police and his deputies shall have the power and authority
to make arrest anywhere outside the corporate limits of
the City for a violation of any City ordinance or any
criminal statute of the State of Florida which occurred
within the corporate limits of the City, if the arresting
officer is in fresh pursuit of the alleged violator from
inside the corporate limits of the City.
Sec. 6 Traffic Summons. All police officers shall be
empowered to issue summons on traffic offenses against
all local residents or nonresidents violating any
trafficordinance or traffic law within said municipality.
ARTICLE XIV
FIRE DEPARTMENT
Sec. 1 Authorization of Fire Department. The City
may have a paid Fire Department which shall consist of
a Fire Chief and such other number of firemen as the City
Council may determine. The Fire Chief shall be the head
of the Fire Department and he shall be appointed and re-
moved by the City Council. He and the firemen shall
receive such compensation as may be determined by the
City Council.
Art. XIV
CAPE CANAVERAL CHARTER Art. XV
Sec. 2 Volunteer Fire Department. The City may support
and assist a Volunteer Fire Department or Departments.
Such support and assistance may include, but shall not be
limited to, the furnishing of City fire trucks, fire fight-
ing equipment and supplies for any use by the Volunteer
Fire Department or Departments, payments to volunteer
firemen for attendance at Volunteer Fire Department meet-
ings or for answering fire alarms and calls, and the pay-
ment of premiums on life insurance and hospitalization
insurance policies covering the volunteer firemen.
Sec. 3 Duties of Fire Chief. It shall be the duty of
the Fire Chief to attend such meetings of the City Council
as required by the City Council; to aid in the enforcement
of all City ordinances relating to the prevention and ex-
tinguishment of fires and the protection of life and
property within the limits of the City of Cape Canaveral,
and to execute all papers and processes of the City or
its authorities relating thereto, and to perform such
other duties as may be lawfully required of him, subject
to the authority and instructions of the City Council.
The Fire Chief shall have and exercise control over the
Fire Department.
ARTICLE XV
PUBLIC WORKS
Sec. 1 Creation of Department of Public Works. The
City Council shall have the power to create in the City
of Cape Canaveral, a Department of Public Works to be
known as "Department of Public Works, City of Cape
Canaveral, Florida." When such department shall be
created, the City Council shall appoint a Superintendent
of Public Works who shall be in charge of the Department
of Public Works. The Superintendent shall be responsible
to the City Council for the proper performance of the
duties imposed upon him by this act, and shall perform
daily the duties of this office in such a manner as may
be designated by the City Council, and he shall provide
surety bond in such an amount as may be required by the
City Council for the faithful performance of his duties,
which shall be as follows:
1. To exercise control and direct supervision over all
municipal utilities, contracts, repair of streets and the
care of parks, except those pertaining to the water and
sewage systems of the City of Cape Canaveral.
Art. XV
CAPE CANAVERAL CHARTER Art. XVI
2. To see that the terms and conditions imposed in
favor of the City or its inhabitants in any public utility
franchise are faithfully kept and performed, and upon
knowledge of any violation thereof to call the same to
the attention of the City Council whose duty it is to see
that such action as might be necessary to enforce the same
is taken.
3. To have charge of the removal of garbage and trash,
or franchise thereof, and it shall be his duty to see that
the streets are kept clean.
4. He shall perform such other duties as the City
Council, from time to time, shall require of him.
Sec. 2 Water Department. The City Council shall have
the power to create in the City of Cape Canaveral, a Water
Department to be known as the "Water Department of the City
of Cape Canaveral." When such a department shall be created
the City Council shall appoint an Administrator of the Water
Department. The Administrator shall be responsible to the
City Council for the proper performance of the Duties of
his office in such a manner as shall be designated by the
City Council, and he shall provide surety bond in such
amount as may be required by the Council for the faithful
performance of his duties, which shall be as follows:
1. To exercise control and direct supervision over all
of the affairs of the water system of the City of Cape
Canaveral, including the expansion, maintenance and
operation of the Water Department.
2. He shall perform such other duties as the City
Council, from time to time, may require of him.
ARTICLE XVI
BOARDS AND AGENCIES
Sec. 1 Department of Public Health. The City Council
shall have the power to create a City Department of
Public Health.
1. The qualifications of any person appointed to this
Department shall be determined by the City Council which
may secure assistance in this matter from any source which
they shall deem prudent; and any person so appointed shall
hold the position at the will of the Council; and the
Council shall have the power to establish the compensation
of any person so appointed.
Art. XVI CAPE CANAVERAL CHARTER
Art. XVI
2. The Department shall establish rules and regulations
necessary to secure the general health of the inhabitants
of the City of Cape Canaveral, to prevent and remove
nuisances, to prevent the introduction and spread of in-
fectious and contagious diseases into or within the City,
and shall establish such quarantine laws as they deem
necessary to prevent the spread of such diseases. The
quarantine laws adopted under the provisions of this
Article shall not be in conflict with similar laws of the
United States of America or of the State of Florida. The
Department shall enforce the rules and regulations of the
State Board of Health.
3. The Department shall be responsible for the inspec-
tion, regulation and control of restaurants, lunch rooms,
markets, stores or other places where beef, pork, poultry,
fish, milk, butter, lard, vegetable compound, fruits,
vegetables and other foods or drugs are served or sold
within the City, and to prohibit the sale of any such
drugs which are unsafe for human consumption or use, and
to provide for the inspection of any other place where
such products are prepared for sale within the City,
whether such place shall be within the City Limits or
outside the same.
4. The Department shall provide for the inspection,
regulation and control of hotels, boarding houses, rooming
houses, cabin courts, tourist camps, bungalow courts, motor
camps and trailer parks and other places provided for
boarding and lodging.
Sec. 2 Zoning and Planning Board. The City Council
shall have the power to create a board to be known as the
"Zoning and Planning Board of the City of Cape Canaveral."
The number of members to serve on the board and its duties
shall be prescribed by ordinance of the Council. No
problem or situation related to zoning will be submitted
to the City Council prior to being submitted to and acted
upon by the board authorized by this section.
Sec. 3 Recreation Board. The City Council shall have
the power to create a Recreation Board which shall advise
the Council on matters pertaining to public parks and
recreation, and serve in such other similar matters as
the Council may direct. The Council may extend to this
Board such powers and duties as they shall deem prudent.
Sec. 4 Recommendations. The recommendations of the
boards and agencies created by this Article shall become
law only if passed as ordinances by the City Council.
-13
Art. XVII
CAPE CANAVERAL CHARTER Art. XVII
ARTICLE XVII
GENERAL FINANCE PROVISIONS,
BUDGET, AUDIT AND PURCHASING
Sec. 1 Fiscal Year. The fiscal year of the City shall
begin on the first day of October and end on the thirtieth
day of September of the following year. Such year shall
constitute the budget year of the City government, and
whenever the word "year" appears in this Article it shall
be construed as meaning the fiscal year of the City, unless
otherwise indicated.
Sec. 2 Budget Committee. A Budget Committee appointed
by the City Council from its membership and such other
persons as it may decide, shall submit a recommended budget
for the ensuing fiscal year to the City Council on or before
the first regular meeting in August.
Sec. 3 General Budget Requirements. The budget doc-
ument shall present a complete financial plan for the en-
suing fiscal year. It shall include at least the following
information:
1. Detailed estimates of all proposed expenditures for
each department and office of the City, showing the expen-
ditures for corresponding items for the last preceding and
current fiscal years, with reasons for increases and de-
creases recommended as compared with appropriations for
the current year;
2. Statements of the bonded and other indebtednessof
the City, showing the debt reduction and interest require-
ments, the debt authorized and unissued and the condition
of the sinking funds, if any;
3. Detailed estimates of all anticipated income of the
City from sources other than taxes and borrowing, with a
comparative statement of the amounts received by the City
from each of the same or similar sources for the last pre-
ceding and current fiscal years;
4. A statement of the estimated balance or deficit, as
the case may be, for the end of the current fiscal year;
5. An estimate of the amount of money to be raised from
current and delinquent taxes, and the amount to be raised
from bond issues which, together with income from other
sources, will be necessary to meet the proposed expenditures;
Art. XVII CAPE CANAVERAL CHARTER
Art. XVII
6. Such other supporting schedules as the Council may
deem necessary.
Sec. 4 Public Hearing on Budget Required. A public
hearing on the budget shall be held before its final adop-
tion, at such time and place as the Council may direct,
and notice of such public hearing shall be published in a
newspaper of general circulation in the City at least one
week in advance by the Clerk. A copy of the proposed budget
shall be published in a newspaper published in the County
at least one week prior to the public hearing. It shall
also be on file and available to the public for inspection
during office hours in the Office of the Clerk for a period
of not less than one week prior to such public hearing.
Sec. 5 Adoption of Budget. Not later than the first
regular meeting in the month of September, the Council
shall, by resolution, adopt the budget for the next fiscal
year, and shall, in such resolution, make an appropriation
for the money needed for municipal purposes during the en-
suing fiscal year of the City. Should the Council take
no final action during or prior to said meeting, the
budget as submitted shall be deemed to have been finally
adopted by the Council.
Sec. 6 Expenditures Limited to Budget. No money shall
be drawn from the treasury of the City nor shall any obli-
gation for the expenditure of money be incurred, except
pursuant to the budget appropriation. The Council may
transfer any unencumbered appropriation balance or any
portion thereof, from one department, fund or agency to
another. The balance in any appropriation which has not
been encumbered at the end of the fiscal year shall revert
to the general fund and be reappropriated during the next
fiscal year.
Sec. 7 Quarterly Review of Budget Required. At the
beginning of each quarterly period during the fiscal year,
and more often if required by the Council, the City Treasurer
shall submit to the Council data showing the relation between
the estimated and actual income and expense to date. If
it shall appear that the income is less than anticipated,
the Council shall reduce appropriations, except amounts
required for debt and interest charges, to such a degree
as may be necessary to keep expenditures within the income.
Sec. 8 Deposit of City Money and Security Required.
The Council shall designate the depository or depositories
for City funds; shall provide for the regular deposit of all
City moneys, and shall provide for the proper security of all
City deposits.
Art. XVII
CAPE CANAVERAL CHARTER Art. XVII
Sec. 9 Annual Audit Required. An independent audit
shall be made of all accounts of the City government at
least annually, and more frequently if deemed necessary
by the Council. Such audit shall be made by certified
public accountants experienced in municipal accounting,
and who shall have no personal interest, direct or indirect,
in the fiscal affairs of the City government or any of its
officers. An annual report of the City business and the
results of the audit shall be made available to the public
in such form as will disclose pertinent facts concerning
the activities and finances of the City government.
Sec. 10
(1) Competitive Bidding Required. All purchases and
contracts for public improvements shall, except
as specifically provided herein, be based where -
ever possible on competitive bids.
(2) Formal Contract Procedure. All purchases and
public improvements, except as otherwise provided
herein when the estimated costs thereof shall ex-
ceed $2,000 shall be purchased by formal written
contracts from the lowest responsible bidder after
due notice inviting proposals.
(a) Notice Inviting Bids. Notice inviting bids
shall be published once in at least one of-
ficial newspaper with general circulation in
Brevard County, Florida, at least 5 days
preceding the last day set for the receipt
of proposals. The newspaper notice required
shall include a general description of the
articles to be purchased and shall state
where bid blanks and specifications may be
secured and the time and place for opening
bids.
(b) Bidders" List. The City shall also solicit
sealed bids from all responsible prospective
suppliers who have requested their names to
be added to a bidders list which the City
shall maintain by sending them a copy of such
newspaper notice or such other notice as will
acquaint them with the proposed purchase. In
any case, invitations sent to the vendors on
the bidders' list shall be limited to commodities
that are similar in character and ordinarily
handled by the group to which the invitations
are sent.
Art. XVII
CAPE CANAVERAL CHARTER Art. XVII
The 'City shall also advertise pending pur-
chases by a notice posted on the public
bulletin board in the City Hall.
(3) Bid Deposits. When deemed necessary by the City,
bid deposits shall be prescribed in the public
notices inviting bids. Unsuccessful bidders
shall be entitled to return of surety where the
City has required such. A successful bidder shall
forfeit any surety required by the City upon fail-
ure on his part to enter into a contract within 10
days after the award.
(4) Bid Opening Procedure. Bids shall be submitted
sealed to the City and shall be identified as
bids on the envelope. Bids shall be opened at
the time and place stated in the public notice.
A tabulation of all bids received shall be posted
for public inspection.
(5) Rejection of Bids. The City shall have the
authority to reject all bids, parts of bids or
all bids for any one purchase or public improve-
ments included in the proposed contract when the
public interest will be served thereby.
(6) The City shall not accept the bid of a contractor
who is in default in the payment of taxes, licenses
or other monies due the City.
(7) Award of Contracts. Contracts shall be awarded
to the lowest responsible bidder. In determining
"lowest responsible bidder", in addition to price,
the City shall consider:
(a) the ability, capacity and skill of the bidder
to perform the contract or provide the service
promptly or within the time specified without
delay or interference;
(b) whether the bidder can perform the contract
or provide the service promptly or within
the time specified without delay or inter-
ference;
(c) the character, integrity, reputation, judg-
ment, experience and efficiency of the bidder;
(d) the quality of performance of previous con-
tracts or services;
y
1'7 Art. XVII CAPE CANAVERAL CHARTER Art. XVII
(e) the previous and existing compliance by the
bidder with laws and ordinances relating to
the contract or services;
(f) the sufficiency of the financial resources
and ability of the bidder to perform the con-
tract or provide the service;
(g) the quality, availability and adaptability
of the supplies or contractual services to
the particular use required;
(h) the ability of the bidder to provide future
maintenance and service for the use of the
subject of the contract;
(i) the number and scope of conditions attached
to the bid.
(8) Award to Other Than Low Bidder. When the award
is not given to the lowest bidder, a full and
complete statement of the reasons for placing
the order elsewhere shall be prepared by the
City and filed with the other papers relating
to the transaction.
(9) Tie Bids. If all bids received for the same
total amount or unit price, quality and service
being equal, the contract shall be awarded to
a local bidder. Where a local bidder is not
involved, the City shall award the contract to
one of the tie bidders by drawing lots in public.
(10) Performance Bond. The City shall have the authority
to require a performance bond before entering into
a contract, in such amount as the City shall find
reasonably necessary to protect its best interest.
(11) Prohibition Against Subdivision. No contract
or purchase shall be subdivided to avoid the
requirements of this section.
(12) Open Market Procedure. All purchases and public
improvements of less than the estimated value of
$2,000.00 shall be made in the open market, with-
out newspaper advertisement and without observing
the procedure prescribed in this section for the
award of formal contracts.
Art. XVII
CAPE CANAVERAL CHARTER Art. XVII
(a) All open market purchases shall, whenever
possible, be based on at least three com-
petitive bids and shall be awarded to the
lowest responsible bidder, in accordance
with the standards set forth above.
(i) In the event the open market purchase
sought is less than $200.00, the above
requirement of three competitive bids
shall not be necessary. All above des-
cribed standards will be considered
guidelines and followed as closely as
possible. [Ordinance No. 6-81, §1, 5
May 81]
(b) Notice Inviting Bids. The City shall solicit
bids by (1) direct mail request to prospective
bidders; or.(2) by telephone, or (3) by public
notice posted on the bulletin board of the
City Hall.
(c) Recording. The City shall keep a record of
all open market orders and the bids submitted
in competition thereon and such records shall
also be open to public inspection.
(13) Sole Source Purchasing. When the City has deter-
mined that a purchase is to be made which is
available from only one source, and no other like
supplies or materials are availalbe for purchase
by the City, then in that event the, City may
purchase the items notwithstanding the other
provisions of this section. A statement in
writing justifying the need for such a sole
source purchase shall be placed in the City's
file setting forth the nature of the sole source
purchase.
(14) Emergency Purchase. In case of an apparent
emergency which requires immediate purchase or
public improvements, the City Manager shall be
empowered to secure by open market procedures
as herein set forth, at the lowest obtainable
price, any supplies or public improvements, re-
gardless of the amount of the expenditure, when
such procurement is essential to prevent delays
in the work of the City which may vitally affect
the life, health or convenience of citizens.
Art. XVII
CAPE CANAVERAL CHARTER Art. XVIII
A full report of the circumstances of an emergency
purchase shall be filed by the City Manager with
the City Council at the next regular City Council
meeting following said purchase, and shall be
entered in the Minutes of the City Council and
shall be open to public inspection.
(15) Purchases From Other Governmental Lists. Pur-
chases made by the City utilizing bidders lists
from other governmental agencies shall be exempt
from the provisions of this ordinance, provided,
however, that the City Manager has reasonably
determined that purchases from said bidders lists
are in the best interests of the City. [Ordinance
No. 18-78, § 1, 21 November 1978]
ARTICLE XVIII
REVENUE AND TAXATION
Sec. 1 Property Subject to Taxation. All real and
personal property in the City of Cape Canaveral not ex-
pressly exempt by the laws of the State of Florida, shall
be subject to taxation for city purposes in the manner
provided in the laws of the State, and ordinances and laws
of the City of Cape Canaveral.
Sec. 2 Tax Year Established --Tax Notices. The tax
year of the City of Cape Canaveral shall be the calendar
year, commencing January first and ending December thirty-
first. All taxes shall be a lien against the property
upon which they are levied or assessed from the first day
of January of the year in which such levy and assessment
is made until paid, and shall be due and payable on the
first day of November in such year. On or before the
said date in each year, the Tax Collector shall mail to
each person owning property upon which a tax has been
levied or assessed, describing the property and setting
forth the amount of the tax. The City Council may provide
by ordinance for discounts for early payment of taxes and
for penalties for delinquent payment of taxes.
Sec. 3 Taxes are Lien on Real and PersonalkProprty.
Real estate shall be described by lots and blocks when so
platted, or by sections, townships and ranges, or in parts
or fractions of either as the case may be, or by metes and
bounds, as taxes assessed upon real estate, and shall be
collected in the manner hereinafter prescribed. Personal
Art. XVIII
CAPE CANAVERAL CHARTER Art. XVIII
property shall be assessed separate from real estate but
in a manner similar as near as may be, and by the provisions
contained in this act. Taxes assessed upon personal property
shall be a lien upon the personal property assessed, and be
collected in the manner as provided by the Revised General
Statutes of the State of Florida, or it may be enforced by
a suit in equity against the property, in which case the
person or persons owning such property assessed against
which liens exist for taxes due the City, shall be liable
to the City for all costs of collection, including a reason-
able attorney's fee; provided the Council may have such taxes
on personal property collected through an attorney, the
person, firm or corporation owning such personal property
against which taxes are due the City shall be liable to
the City for a reasonable attorney's fee, not exceeding
fifteen percent when the same is collected without suit.
Sec. 4 City Council to Fix and Levy Taxes. Under the
procedure established by this act, the City Council shall
have the power by ordinance, to raise funds by taxation
and to make such annual levy upon the taxable property
in the City of Cape Canaveral, as will provide such an
amount as may be necessary for the operation of said
municipality, the right to levy such additional taxes as
may be necessary to pay interest on outstanding bonds or
such bondsas the City may from time to time issue in
accordance with law, and also to provide a sinking fund
for redemption of said bonds, and shall have the power
to levy additional taxes for any purpose provided for in
this act and by the laws of the State of Florida.
Sec. 5 City Council to Fix and Establish License and
Occupational Taxes. The City Council shall have the power
and authority to provide by ordinance for the issuance,
transfer, and expiration of licenses or occupational taxes
for all privileges, trades, professions, occupations and
businesses in whole or in part within the City of Cape
Canaveral; to classify and define such privileges, trades,
professions, occupations and businesses for the purpose
of taxation; and the classification, definition and
amounts of such licenses or taxes shall not be dependent
upon or controlled or governed by any general state revenue
law; and to fix and provide penalties for violations of
such ordinances.
Sec. 6 Limitation on Real Property Taxes. No tax on
real or personal property shall be levied or imposed by
the City Council in excess of such limitation on the annual
rate thereof as has been approved by at least a majority of
5
Art. XVIII
CAPE CANAVERAL CHARTER Art. XVIII
the freeholders voting in the City of Cape Canaveral in a
referendum election called by the City Council for that
purpose. Such maximum limitation on the annual rate of
tax levy shall remain effective unless and until such
limitation is changed as hereinafter provided. Such
referendum shall be held in compliance with the ordinance
providing for special elections. The limitation imposed
by such referendum may be changed at any time, but only
by referendum held in the same manner as provided herein
for establishing the original limitation. The limitation
on annual rate provided herein shall in no way limit or
prohibit the levy of taxes pledged to the payment of
principal and interest.
Sec. 7 Board of Equalization Established, The City
Council shall, at its second meeting in August in each
year, or at a special meeting in August, starting with
the year following the approval of such taxes, sit as a
Board of Equalization of Taxes; and due notice of said
meetings shall be given by publication for not less than
two issues seven days apart in a newspaper published
within the County. At such meetings, the Council sitting
as a Board of Equalization as aforesaid, shall have be-
fore it the assessment rolls prepared by the Assessor of
Taxes and shall proceed to equalize and revise the said
assessment. The Council at that time shall have the
right to make all inquiries necessary and, if advisable,
to take testimony for the purpose of determining the
valuation of any property so assessed. All persons
owning property, real or personal, in the City of Cape
Canaveral, shall have the right to appear before such
Board of Equalization and to be heard; and the said
Board shall remain in session from day to day for as
long as may be necessary to hear such complaints and
to equalize and revise such assessments; provided, that
the said Board shall not be required to remain in session
for longer than three (3) successive days.
Sec. 8 Omitted Property may be Back Taxed. The
Assessor, upon discovery that any real or personal
property has been omitted from the assessment roll for
either or all of the three previous years, or that any
real estate was illegally sold for taxes in either of
such years, but was then liable for taxation, may in
addition to the assessments for the current year, assess
the same for the year or years omitted or illegally sold,
noting such assessment separately and the same shall be
collected with the taxes for the current year. Such
assessment shall have full force and effect, and the
Art. XVIII
CAPE CANAVERAL CHARTER Art. XIX
taxes thereon shall be levied and collected with the taxes
for the current year, and all such property shall be sub-
ject to such taxes in whosoever hands it may have passed.
Sec. 9 Certification of Assessment Rolls. After the
said assessment rolls shall have been revised and equalized
as hereinbefore provided, the same shall bereturned to the
Tax Assessor with a certification of the Mayor and Clerk of
the City Council that the same has been revised and equalized,
and thereafter the values fixed upon the said assessment roll
shall not be changed.
ARTICLE XIX
COLLECTION OF DELINQUENT TAXES
Sec. 1 Delinquent Tax Notice to be Posted. Begin-
ning April the first in each year, the City Tax Collector
shall prepare a list of all real property on which the
current taxes have not been paid showing the description
of the lot or tract, the name of the owner shown on the
assessment roll, list or cards and the amount of taxes
due thereon, which list shall be completed on or before
June first and posted on the bulletin board in the office
of the City Tax Collector. In the event the City Tax
Collector shall not complete such list by June first of
each year, same shall not affect the validity of the pro-
ceedings, but he shall complete and post such list as
quickly as possible after such date.
Sec. 2 Delinquent Tax Notice to be Published. The
City of Cape Canaveral shall hereafter, at the time re-
quired by law, publish a clear, understandable and in-
expensive notice of sale of lands because of nonpayment
of past due municipal taxes by causing the same to be
printed in four issues of a newspaper of general circulation
in the City and published in Brevard County, so that at
least seven days shall elapse between each of the four
publications, and at least seven days and not more than
twenty-eight days shall elapse between the last publication
and the date of the sale. In such notice, it shall be
plainly stated that all real estate in the said City on
which municipal taxes are past due and unpaid will be sold
in conformity with the law, and the time and place of sale
shall be clearly stated. The said notice need not be in
any particular form, but it shall be brief and simple and
plainly state the facts and give fair notice of sale. It
shall contain the names of the owners of the real estate
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
to be sold or state that they are unknown, and shall describe
the parcels to be sold and state the amount of taxes past
due and unpaid. Interested persons shall be charged with
knowledge as to whether they have paid or failed to pay
municipal taxes lawfully assessed against their real
estate, and of the fact that the same is subject to sale
for the nonpayment of municipal taxes; but such persons
shall have the right at all reasonable times to inspect
the tax books, lists and records of the said City for the
purpose of informing themselves as to whether their real
estate is subject to sale for the nonpayment of municipal
taxes, and the taxing officers of the City shall render
to such an inquiry every reasonable assistance.
Sec. 3 Sale of Tax Liens. On the first Tuesday of
July of each year, beginning at twelve o'clock noon, the
City Tax Collector shall commence the sale of all tax liens
on those lands on which taxes have not been paid as afore-
said on or before ten o'clock in the forenoon of such day,
and shall continue sale from day to day until such tax
liens, costs and penalties on each parcel thereof shall be
sold. Said tax liens shall be struck off to the person
who will pay the amount of taxes, costs and penalties, and
in case there are no bidders same shall be bid off by the
City Tax Collector for the City of Cape Canaveral. The
City Tax Collector shall require immediate payment by any
person to whom any taxes or tax liens may be struck off.
Such certificates evidencing such taxes and tax liens
shall bear interest from date at the rate of twelve per-
cent (12%) per annum until April first of the following
year, and eight percent (8%) per annum thereafter. The
City Tax Collector shall have the right to enforce reason-
able rules and regulations concerning the manner of bidding
and in case of competition on bidding, such bidders shall
have the right to bid for a lesser rate of interest.
Sec. 4 Tax Collector's Certificate of Sale. Immediately
after any tax sale, the City Tax Collector shall make out a
list in triplicate of all the lands sold for taxes, showing
the date of sale, the number of each certificate, the name
of the owner as returned, a description of the land sold,
the amount for which the sale was made, and the name of
the purchaser and shall append to each said list a cer-
tificate setting forth the fact that each sale was made in
accordance with law. One of such lists shall be retained
by the City Tax Collector, one shall be filed in the office
of the City Clerk, and one shall be filed with the Clerk
of the Circuit Court of Brevard County.
Art. XIX
CAPE CANAVERAL CHARTER Art. XIX
Sec. 5 Form of Tax Sale Certificate Issued to Purchaser.
At the sale aforesaid, the City Tax Collector shall give to
the purchaser a Tax Sale Certificate describing the tax
liens purchased and the amount paid therefor. The Certif-
icate shall be substantially in the following form:
TAX SALE CERTIFICATE
NUMBER
OFFICE OF THE CITY TAX COLLECTOR
CITY OF CAPE CANAVERAL
BREVARD COUNTY, FLORIDA
NO. A.D., 19
I, the undersigned City Tax Collector for the City of
Cape Canaveral, in the State of Florida, do hereby certify
that on the date stated above, at public auction, pursuant
to notice given as required by law and by the Charter of
said City, I did sell to the
certain tax liens upon the land herein described for the
sum of Dollars and
cents; said sum being the amount due and unpaid for taxes,
costs and penalties on the described lands for the year
19 ; that the purchaser or his assigns will therefore
be entitled to make application for a Tax Deed for convey-
ance of such lands in accordance with the law, or to fore-
close this lien as provided by law, unless the same shall
be redeemed by payment of such amount, and the interests
and costs thereon within two years after the date hereof.
Said lands are situated in the City of Cape Canaveral,
Brevard County, Florida, and are described as follows, to,,
wit: Lot , Block , Subdivision,
according to the plat thereof on file in the office of
the Clerk of the Circuit Court, Brevard County, Florida,
in Plat Book , page , thereof.
this
WITNESS my hand at City of Cape Canaveral, Florida,
day of A.D., 19
CITY TAX COLLECTOR
City of Cape Canaveral,
Florida
55
Art. XIX
CAPE CANAVERAL CHARTER Art. XIX
Sec. 6 Recording of Tax Sale Certificates. It shall
not be necessary for any tax sale certificate, issued by
the City of Cape Canaveral, to be recorded in the office
of the Clerk of the Circuit Court, Brevard County, Florida,
and the record of such certificate kept in the office of
the City Tax Collector shall be all the notice of record
required to be kept to evidence the lien of such tax sale
certificates.
Sec. 7 Issuance of Duplicate Tax Sale Certificate. If
application be made to the City Council for issuance of a
duplicate tax sale certificate in lieu of a certificate
alleged by affidavit to be the property of affiant and to
have been lost or destroyed, the City Council may, upon
such reasonable terms, conditions and assurances as it may
require, authorize the City Tax Collector to issue a
duplicate certificate, plainly marked or stamped "Duplicate"
to the affiant, and the City Tax Collector shall thereupon
issue the same upon payment of a fee of One Dollar and
shall note the entry of such duplicate issuance on the
tax sale list opposite the entry of the sale for which the
lost or destroyed certificate was issued, and shall keep
and preserve the bond or guarantee executed by the appli-
cant in connection with the issuance of such duplicate
certificate.
Sec. 8 Transfer of Tax Sale Certificates. All tax
sale certificates issued, whether to the City of Cape
Canaveral or individuals, shall be transferable by en-
dorsement thereon, or transfer appended thereto, at any
time before they are redeemed, or a tax deed issued there-
on. Record of the transfer and assignment of a tax sale
certificate by an individual may be made upon the records
of the City Tax Collector upon payment of the fee of
twenty-five cents for each certificate.
Sec. 9 Redemption of Tax Sale Certificate. All tax
sale certificates issued to the City of Cape Canaveral
shall be held by the City Tax Collector for redemption
or sale as hereinafter provided. All redemptions of tax
sale certificates or tax liens hereafter certified or sold
to the City or to individuals shall be made at the office
of the City Tax Collector.
Sec. 10 Redemption of Tax Lien Property. Any person,
or agent of any person, owning or claiming such lands, or
interest therein, upon which taxes or tax liens have been
sold, may redeem the same from the lien of such taxes, tax
sale certificate or tax liens at any time after such sale
Art. XIX CAPE CANAVERAL CHARTER Art. XIX
and before a tax deed is applied for or foreclosure pro-
ceedings commenced, by paying to the City Tax Collector
of the City of Cape Canaveral the face amount of the
certificate of sale, and interest thereon, as well as the
face amount of the prior and subsequent taxes and interest,
together with the fee of One Dollar ($1.00) for each cer-
tificate and subsequent taxes so redeemed; provided, how-
ever, that no one shall be required to pay in redemption
of a tax sale certificate, more than the amount paid the
City of Cape Canaveral for such certificate, together with
interest, cost and other legal charges. Interest on cer-
tificates sold, whether to the City or to an individual,
shall be at the rate of twelve percent (12%) per annum for
the first year, and eight percent (8%) per annum for the
time after the first year after the date of sale, but not
less than five percent (5%) of the face of the certificate
ofany period of time. When any land shall have been so
redeemed, the City Tax Collector shall turn over to the
City Clerk the amount received for redemption of same,
less the fee of One Dollar ($1.00), and such cancellation
shall be forthwith entered on the duplicate copies of the
tax sale list on file in the office of the City Tax Col-
lector and in the file of the City Clerk. When any tax
sale certificate has been redeemed, which is shown by the
records of the City Tax Collector to be owned by any person,
the City Tax Collector shall pay over to the City Clerk
to be kept in a trust account the amount received for re-
demption of same, less the fee of One Dollar ($1.00), and
shall promptly notify the record owner of such certificate
by mail that same has been redeemed, stating the amount
received in redemption, and requesting that the owner
present such redeemed certificates to the City Clerk
within thirty (30) days from the date of notice. The
City Clerk shall preserve such funds in a trust account
and pay same over to the owner of the certificate so
redeemed upon surrender of same. Unclaimed funds remain-
ing in such trust account of January first of any year
shall be disposed of in the same manner as that provided
for disposing of unclaimed tax deed moneys, as set out in
Article , Section , of this act.
Sec. 11 Redemption Receipts. Whenever any land covered
by certificates in the hands of individuals or of the City,
shall be redeemed as provided for in the foregoing sections,
the City Tax Collector shall give the person making such
redemption a receipt showing the amount paid for such re-
demption, the land redeemed and the date, number and amount
of certificate or certificates from which the same is re-
deemed, which shall be substantially in the following form;
Art. XIX
CAPE CANAVERAL CHARTER Art. XIX
RECEIPT FOR REDEMPTION OF DELINQUENT TAXES AND CERTIFICATES
CERTIFICATE NUMBER
MONTH YEAR LOT
BLOCK SUBDIVISION
PRINCIPAL
CREDIT
DISCOUNTS
INTERESTS
Please examine this receipt carefully and report any dis-
crepancy to the City Clerk within ten (10) days.
CITY OF CAPE CANAVERAL,
FLORIDA
City Tax Collector
Sec. 12 Disposal of City -Owned Tax Certificates. Any
and all tax sale certificates which have heretofore or may
be hereafter issued by said City for nonpayment of its
taxes, and which may be held and owned by said City, and
which have been issued for a period of two years or more,
may be disposed of by the City in any of the following ways:
1. The City may sell such certificates at public sale
to the highest and best bidder, for cash, after notice of
such sale has been published once a week for two consec-
utive weeks before the date of sale in issues seven (7)
days apart in a newspaper published within the County,
such advertisement to give the date when the certificates
will be offered for sale and name of the subdivision or
areas in which the lands lie upon which the tax sale
certificates are liens.
2. To apply for city tax deeds to be issued to the
"City of Cape Canaveral," the same as any other applicant.
3. Foreclose such certificates in the manner herein-
after set out.
4. Sell same upon demand at full cash value.
Art. XIX
CAPE CANAVERAL CHARTER Art. XIX
Sec. 13 Purchase of City -Owned Tax Certificates at Any
Time. At any time any person may purchase all tax certif-
icates and other taxes against any parcel of land, so long
as same are held by the City of Cape Canaveral, by paying
to the City Tax Collector the amount of such certificates
and tax liens for subsequent and omitted years, and interest
thereon from the date of certificates at the rate or rates
which would be required to be paid for the redemption of
the certificates, and the fee of One Dollar ($1.00) for the
transfer and assignment of each certificate and tax liens
for subsequent or omitted years, and the City Tax Collector
shall give proper receipt and assignment for such tax liens
for subsequent or omitted years. The purchaser shall not
be required to redeem outstanding tax sale certificates
held by any person; in every instance endorsement by the
City Tax Collector shall be made upon the tax certificates
sold, stating the name of the assignee, the date of the
transfer and the amount received therefor.
Sec. 14 Tax Deeds of City. Tax deeds based upon tax
sale certificates and subsequent tax liens of City of Cape
Canaveral may be obtained only in the following manner:
The holder of any tax certificate at any time after two
(2) years have elapsed since the issuance of said tax
certificate may make application for a Tax Deed, pay the
necessary cost in connection therewith and file such tax
certificate with the City Clerk of the City of Cape
Canaveral, notifying the City Clerk that he desires the
lands described therein for sale. At the same time, he
shall surrender any other City tax sale certificates he
may own covering the same land and purchase from the City
Tax Collector all outstanding tax sale certificates and
tax liens for subsequent and omitted years held by City
of Cape Canaveral, and redeem all outstanding City tax
sale certificates and tax liens held by individuals, and
file same together with the purchase of redemption re-
ceipts, with the City Clerk. The certificate holder
shall pay to the City Clerk a fee of Five Dollars ($5.00)
for conducting the sale, making the search and mailing
the notice hereinafter provided as to each parcel or
tract of land upon which an application for a tax deed
is made. The certificate holder shall pay to the City
Clerk the estimated cost of publication. A separate
application is required as to each parcel of land assessed
on the City tax rolls.
Sec. 15 Notice of Application for Tax Deed. After
the proper fees have been paid, the City Clerk shall cause
a notice in substantially the following form to be
Art. XIX
1 CAPE CANAVERAL CHARTER Art. XIX
published once a week for four (4) successive weeks, four
(4) publications, each one (1) week apart, before the date
of such sale in some newspaper of general circulation pub-
lished in the County of Brevard, Florida.
NOTICE OF APPLICATION FOR TAX DEED
Notice is hereby given that
holder of the Tax Sale Certificate No. issued
the day of , A.D., 19
has filed same in my office and has made application for
a Tax Deed to be issued thereon and has paid or redeemed
all outstanding City Taxes against the lands hereinafter
described. Said tax certificate embraces the following
described real estate in the City of Cape Canaveral,
Brevard County, Florida, to -wit:
Unless the City Clerk is paid a sufficient amount to
redeem said certificate and tax liens and all costs accord-
ing to law, the property described therein will be sold to
the highest bidder at the Office of the City Clerk in the
City Hall of Cape Canaveral, Florida, beginning at one
o'clock in the afternoon, on the first Monday in the month
of , 19 , which is the
day of , 19
DATED this
day of , 19
CITY CLERK, CITY OF CAPE
CANAVERAL, FLORIDA
Sec. 16 Filing of Proof of Publication of Notice.
Proof of publication of the notice provided for in the
preceding section shall be filed in the Office of the
City Clerk on or before the day fixed for the sale. No
sale shall be made and no tax deed shall be issued unless
such proof of publication has been so filed.
Sec. 17 Mailing of Notice of Tax Deed Application to
Owner. In addition to the publication of the notice pro-
vided herein, the City Clerk shall mail a copy of such
notice to the owner of the property, if the address of
the owner be known to the City Clerk, and in all cases to
the name of the owner and person also paying taxes, as
shown on the City tax records; and a copy of such Notice
to the holder of each mortgage which appears on record
against said property, if the address of such mortgage
Art. XIX
CAPE CANAVERAL CHARTER Art. XIX
holder be known to the City Clerk; and the City Clerk shall
make out and file a certificate that he, the City Clerk,
did on the day named, mail a copy of the said Notice to
certain persons therein named, which certificate shall be
signed by the City Clerk and his office seal affixed there-
to; and such certificate shall be prima facie evidence of
the fact that such Notice was mailed. In the event the
owner's address is unknown to the City Clerk, the latter
shall certify to the effect that the address of the owner
is unknown to him. The failure of the owner to receive
the Notice mailed by the City Clerk shall not affect the
validity of the tax deed issued pursuant to such Notice.
The Notice referred to in this Section may be sent any
time not later than the twentieth (20th) day of the month
preceding the sale, and a printed copy of the Notice as
published in the newspaper shall be sufficient.
Sec. 18 Notice to Other Persons on Request. When the
certificate holder shall make written request for him to
do so, and shall furnish him with the names and addresses,
the City Clerk shall send a copy of the Notice referred to
in the preceding section to anyone to whom the certificate
holder may request him to send such notice out, and for
every notice sent out the City Clerk shall make a certif-
icate as to the mailing similar to that mentioned in the
preceding section; but the City Clerk may demand from such
certificate holder the sum of twenty-five cents (25) ad-
ditional costs to reimburse him for the postage and ex-
pense incurred for each copy of Notice sent upon request
of the certificate holder, and not considered necessary
by the Clerk; and where such fees are paid, they will be
added by the City Clerk to the amount required to redeem
the land from sale.
Sec. 19 Time of Application for Tax Deed. It shall
not be necessary that application for tax deed be made by
a certificate holder at any particular time of the month,
or that Notice provided herein be published at any par-
ticular time with reference to the day of sale, so long
as the day of sale be fixed not less than twenty-eight
(28) nor more than fifty (50) days after the last pub-
lication of said Notice.
Sec. 20 Deadline of Redemption. At any time after an
application for a tax deed has been made, and before ten
o'clock in the forenoon on the date of the sale, the owner,
mortgagee, or other person interested in the lands des-
cribed may redeem same in the Office of the City Clerk by
paying to the City Clerk the amount required on the tax
Art. XIX CAPE CANAVERAL CHARTER
Art. XIX
sale certificates' and subsequent and omitted taxes, and
the amount paid by the applicant for the redemption of
other tax sale certificates on the same property, plus
interest on the total sum at the rate of eight percent
(8%) per annum for one (1) month.
Sec. 21 Land Sold at Public Auction, All land ad-
vertised for sale, unless redeemed as provided in this
Charter shall be sold at Public Auction by the City Clerk
at the City Hall in the City of Cape Canaveral and such
sale shall be held only on the first Monday in each
month, beginning at one o'clock p.m. At such time and
place the City Clerk shall read the Notice of Sale to
the highest bidder for cash, at public outcry. The
amounts required to redeem the tax certificate and sub-
sequent and omitted taxes and the amount paid by the
applicant for redemption of other tax certificates on
the same property, plus the amounts paid by the holder
thereof to the City Clerk of fees and costs of sale,
plus interest on the total sum at the rate of eight
percent (8%) per annum for one (1) month, shall be con-
sidered the bid of the certificate holder for the property,
and if there be no higher bids the property shall be
struck off and sold to such certificate holder, whether
he be present or not. If there be other bidders, the
certificate holder shall have the right to bid as others
present may bid, and the property shall be struck off
and sold to the highest bidder.
Sec. 22 Property Purchased by Other Than Certificate
Holders. If the property shall be purchased at said
Public Auction by any person other than the certificate
holder, the City Clerk shall forthwith pay back to the
certificate holder the amounts required to redeem the
certificates and subsequent and omitted tax liens, plus
the cost and expenses of the application for tax deed,
and interest on the total of such sums for one (1) month
at the rate of eight percent (8%) per annum. The balance
of the purchase price shall be retained by the City Clerk
and Notice forthwith mailed to the owner of such lands,
if his address be known to the City Clerk, that this sum
will be paid to him upon demand, and signing of .proper
receipt upon form provided. If the owner be dead, such
amount may be paid to the proper representative of the
estate. The entire balance shall be paid to the owner,
less the sum of twenty-five (25) cents on each hundred
dollars or fraction thereof, which the City Clerk may
retain to reimburse himself for postage, notices and
keeping account of such funds.
Art. XIX
CAPE CANAVERAL CHARTER
Art. XIX
Sec. 23 Unclaimed Tax Sale Funds. The City Clerk, if
on the first day of January of each year, he shall have on
hand any funds belonging to the owners of lands that have
been sold for taxes, and which funds have remained unclaimed
for longer than three (3) months, shall publish a notice
in a newspaper published in the County of Brevard, Florida,
to the effect that he has on hand such funds and that un-
less the owner shall apply for same on or before thirty
(30) days from the date on which the notice is published,
such funds will be paid into the general funds of the City
of Cape Canaveral. Such notice shall be published in one
(1) issue of such newspaper. After the funds have been
paid into the general funds of the City, the owner may
within one (1) year from the date of sale, make application
to the City Council for such funds, and the City Council
may, if satisfied that the applicant is entitled to such
funds, order a draft to be drawn for the amount due the
applicant, less the sum of One Dollar ($1.00) on each
hundred dollars or fraction thereof, which shall be re-
tained by the City to cover the expenses of the City.
If no application for such funds be made within the
specified period, all claims to such funds are hereby
declared to be forever barred and such funds shall become
the property of the City of Cape Canaveral.
Sec.. 24 Tax Deed Form. All tax deeds shall be issued
by the City Clerk of the City of Cape Canaveral, and the
City Clerk shall cause such tax deeds to be issued to the
highest bidder at the sale, as provided herein, and such
tax deeds shall be substantially in the following form:
STATE OF FLORIDA
COUNTY OF BREVARD
CITY OF CAPE CANAVERAL
TAX DEED
KNOWN ALL MEN BY THESE PRESENTS: That whereas Tax
Certificate No. , issued on the day
of , 19 , was duly filed in the office of
the City Clerk of the City of Cape Canaveral, a municipal
corporation in Brevard County, Florida, and application
was duly made for the issuance of a tax deed based there-
on; and the applicant having paid or redeemed all other
taxes, fees, and costs, on the land hereinafter described
required to be paid or redeemed, and the applicant having
paid the costs and expenses of this sale, and due notice
of sale having been published by the law, and no person
entitled so to do having prepared to redeem said land,
Art. XIX
CAPE CANAVERAL CHARTER
Art. XIX
such land was on the day of , 19
offered for sale at thCity Hall in the City of Cape
Canaveral for cash to the highest bidder, and was then and
there struck and sold to , for the sum
of. $ , being the highest bidder for the same, and
said bidder having paid the amount of the bid; therefore,
City of Cape Canaveral, a municipal corporation in
Brevard County, Florida, in consideration of the premises,
and in consideration of the sum of $ ,and in
accordance with the provisions of the Charter of said City
of Cape Canaveral, has given, granted, bargained and sold,
and does hereby give, grant, bargain and sell and convey
to the said bidder named above and to his, or her, or its,
successors, heirs, legal representatives and assigns for-
ever, to their own proper use, benefit and behalf, the
following land situated in the City, County and State
aforesaid, and described as follows:
PROVIDED, HOWEVER, that said land shall continue sub-
ject and liable for any unpaid taxes or assessment liens
thereon not included herein.
IN TESTIMONY WHEREOF, by virtue of the authority in me
vested by law and for and on behalf of the City of Cape
Canaveral, I, the undersigned, as City Clerk of the City
of Cape Canaveral, a municipal corporation in Brevard
County, Florida, have executed this deed and have there -
unto set my official signature, and the Seal of the City
of Cape Canaveral, this the day of
19
CITY OF CAPE CANAVERAL
Signed, sealed and A MUNICIPAL CORPORATION
delivered in the OF BREVARD COUNTY,
presence of: FLORIDA
By
City Clerk
All such tax deeds shall be duly acknowledged and shall
be prima facie evidence of the regularity of all proceed-
ings from the valuation of the land by the Assessor to the
issuance of such;tax deed, inclusive.
Sec 25 ' Disposing of City -Owned Tax: Deeds: Land. After
the City has obtained a tax deed to any -lands, the City may
sell and dispose.of said lands for such amounts as the City
Council shall determine, and issue deeds therefor.
Art. XIX
CAPE CANAVERAL CHARTER Art. XIX
Sec. 26 Limitation on Suits to Recover Lands Sold for
Taxes. The former owners or others having or claiming by,
through or under them any interest in lands upon which a
City Tax Deed is issued, shall have a period of one (1)
year from the time such Tax Deed is recorded in the Office
of the Clerk of the Circuit Court of Brevard County, Florida,
to bring suit to recover such land or to set aside such Tax
Deed, and on failure to assert such right within such time,
shall be forever barred and foreclosed of claims or interest
in and to said lands, and no Court of this State, either
Federal or State, shall thereafter entertain any suit
brought by any owner or anyone claiming by, through, or
under him for the purpose of questioning, litigating or
contesting the title of the grantee or his assigns to said
land.
Sec. 27 Foreclosure of Tax Sale Certificates. City of
Cape Canaveral, or any holder of a City of Cape Canaveral
tax sale certificate, is hereby authorized to file a com-
plaint in Chancery to foreclose the lien of such tax sale
certificate, pursuant to the practice, pleading and pro-
cedure for foreclosure of mortgages on real estate, except
that no personal judgment shall be given. No suit shall be
brought on any tax sale certificate until after the expira-
tion of two (2) years from the date of the certificate. A
complaint shall be sworn to, and shall briefly set forth
the fact of the issuance of the City tax sale certificate
and a statement of searches, and the fact the complainant
has paid and redeemed all omitted and subsequent City of
Cape Canaveral taxes and tax liens and interest thereon,
whether held by the City or an individual. The complaint
shall briefly set forth the fact of the issuance of the
tax sale certificate and shall allege the amount required
to redeem the same, including all omitted subsequent taxes
and interest thereon. As many tax sale certificates may
be included in one suit as the complainant may desire, and
as many parties may be made defendant as may be necessary.
The complainant shall be entitled to recover abstract costs,
and a reasonable attorney's fee, such fee to be fixed by
the Court. Suits on tax sale certificates held by the City
for its own use, and the costs of the suits and attorney's
fees, if not paid out of the proceeds of the sale, shall
be paid by the City.
Sec. 28 Final Decree. The final decree in any such
action shall determine the amount due on' the sale cer-
tificate and omitted subsequent taxes and subsequent tax
sale certificates, including a reasonable attorney's fee
and costs, and the property described in the certificate
Art. XIX
CAPE CANAVERAL CHARTER Art. XIX
shall be ordered sold, and shall be sold to satisfy the
decree in the same manner as in the foreclosure of mort-
gages on real estate, and such decree shall have the force
and effect of a decree foreclosing a mortgage on real es-
tate. Any surplus remaining from any such sale shall be
deposited with the Clerk of the Court, and shall be dis-
bursed under order of the Court,
Sec. 29 Sale of Land to City in City Foreclosures.
At any sale under final decree in any such action commenced
by the City of Cape Canaveral, if no one bids a sufficient
sum to pay the full amount of such decree, interest there-
on and subsequent costs, the Special Master, or the Clerk
of the Circuit Court conducting the sale shall announce
that the land is sold to the City of Cape Canaveral, a
municipal corporation in Brevard County, Florida, for the
amount of the decree, interest and costs. In such event
the costs and expenses of such suit and sale shall be
paid by the City from the General Fund. The City shall
be entitled to writ of possession as in the case of a sale
under decree foreclosing real estate.
Sec. 30 Master's Deed. The purchaser at any sale in
suits for the foreclosure of tax certificates shall be
entitled to a Master's Deed, or Clerk's Certificate of
Sale and Clerk's Certificate of Title, and the same pro-
cesses and remedies to obtain possession of the premises
as in suits for the foreclosure of mortgages. Title to
the land conveyed by such Master's Deed or Clerk's Cer-
tificate of Title shall be indefeasible as to. all parties
defendant in the action.
Sec. 31 Sale of City -Owned Land Obtained by Foreclosure.
After the City has obtained a Special Master's Deed or Clerk's
Certificate of Title, the City may sell and dispose of such
lands for such amount as the City Council shall determine,
and issue deed therefor.
Sec. 32 Tax Sale Certificates Validated. All tax sale
certificates now held and owned by the City or by any per-
son, firm, or corporation, which are purportedly invalid
or voidable on account of any matter or thing not affecting
the right and authority of the City to levy and collect the
taxes evidenced by such certificates are hereby validated
and made legal to the extent of any lien evidenced thereby,
insofar as it is competent for the Legislature of the State
of Florida to do so.
Art. XIX
CAPE CANAVERAL CHARTER
1
Art. XIX
Sec. 33 Tax Sale Certificate Evidence. Tax sale
certificates, signed by the City Tax Collector, shall be
admissible in evidence and shall be prima facie valid.
Sec. 34 Illegal Tax Sale Certificates. If any Court
shall determine that any tax, tax sale certificate, or
portion thereof is illegal, the Court shall enter a decree
for such taxes, or portion thereof, as may be due and un-
paid, with penalty, interest and costs, and in such cases
shall make such orders as to costs and attorney's fees as
shall appear to be reasonable and just..
Sec. 35 Fees to Tax Collector and Clerk. The City
Tax Collector and City Clerk of City of Cape Canaveral
shall charge fees for the hereinafter stated services per-
formed by them, as set forth in the following schedule of
fees, to -wit:
Redemption of each tax sale certificate
and subsequent taxes
- r $.1.00
Sale and Assignment of each Tax Sale
Certificate and subsequent taxes - - 1.00
Issuance of Tax Deed (one description) - - - - 1.00
For each additional description 1.00
Issuance of Duplicate Tax Sale Certificate - - 1.00
Registration of Transfer and Assignment
of Tax Sale Certificate 1.00
For Conducting Tax Deed Sale and mailing
notice -
5.00
Mailing of notice of sale at request of
owner, for each copy .25
Payment to owner of proceeds of Tax Deed
Sale (for one hundred dollars or fraction
thereof) .25
Cancelling tax sale certificates on County
record .25
Issuance of warrant to land owner for proceeds
of tax deed sale previously deposited in General
Fund, after publication of Notice, on each
hundred dollars or fraction thereof 1.00
Art. XIX
CAPE CANAVERAL CHARTER Art. XX
Sec. 36 State Statutes Applicable. The provisions of
General Laws of Florida, relating to assessment and col-
lection of taxes by municipalities, where not inconsistent
with the provisions of this act, shall be applicable.
ARTICLE XX
FINANCING PUBLIC IMPROVEMENTS
Sec. 1 Bonds Authorized. The City of Cape Canaveral
shall be authorized and empowered to issue negotiable bonds
of the City for the purpose of opening, constructing, ex-
tending, comparing, reconstruction or improving streets,
alleys, lanes, roads and sidewalks, curbs, gutters, storm
sewers, sanitary sewers; establishing, constructing and
improving parks, playgrounds, public buildings, wharves,
piers, docks, bridges, causeways, seawalls, breakwaters
and harbor improvements, and reclaiming, filling or other-
wise improving low, wet or overflowed lands and the water-
front within the City limits, for establishing, maintaining,
and equipping a fire department, police department, san-
itary department, and a system of sewage disposal and
sanitation, or for the purpose of purchasing, constructing,
extending or improving water works, electric light plants,
gas plants, ice plants, cold storage plants, transportation
system, airports, or for any other public purpose in which
the City of Cape Canaveral is authorized to engage under
this act or the laws of the State of Florida.
Sec. 2 Taxation for Bond Payment. The City Council is
hereby authorized to provide the issuance of negotiable
bonds of the City, under the Seal of the City, for any of
the purposes aforesaid, which shall be payable from tax-
ation and for the payment of which the full faith of the
City is pledged, in an amount never to exceed twenty per-
cent (20%) of the total assessed valuation of all taxable
property, both real and personal, within the limits of the
said City, (the assessed valuation being the assessment
made by the City of Cape Canaveral for the purpose of
municipal taxation, and the said limitation of twenty per-
cent (20%) to be thus limited regardless of the value which
may be placed upon said property for the purpose of County
taxation); provided, in computing the said limitation all
refunding bonds, revenue bonds and public improvement
certificates or other obligations secured by the lien of
assessments for public improvements, and all public
utility revenue bonds or certificates shall be excluded.
Art® XX
CAPE CANAVERAL CHARTER Art, XX
Sec. 3 Revenue Bonds Authorized. for Public Improvements.
The City of Cape Canaveral shall be authorized and empowered
to issue bonds or public improvement certificates in any
manner and for any purpose provided by law, payable solely
or in part from special assessment for public improvements,
and for which the full faith and credit and the taxing power
of the City shall not be pledged.
Sec. 4 Revenue Bonds Authorized for Public Utilities..
The City Council shall be authorized to issue bonds or
revenue certificates for the purpose of constructing, ex-
tending, enlarging or improving public utilities or plants,
or distribution systems, or for providing public services,
which are payable only from the revenues of public utilities
owned or operated by the City and not payable from ad
valorem taxation.
Sec. 5 Freeholders Election Required for General Obli-
gation Bonds. No bonds shall be issued for the payment of
which the general taxing power or full faith and credit of
the City shall be obligated, unless the same shall have
been approved by the majority of the freeholders who are
qualified electors residing in the said City. An election
for this purpose shall be held in the manner provided by
law.
Sec. 6 No Election Required for Revenue Bonds. Any
bonds or public improvement certificates payable from
assessments or public utility revenue may be issued in
the manner provided by law for said purposes, and no
election shall be required for the issuance of any of the
same unless an election shall be required under the pro-
visions of the Constitution of the State of Florida
governing the issuance of bonds by municipal corporation.
Sec. 7 Bond Election for Multiple Improvements. If
an election is required for the issuance of any bonds
or certificates of indebtedness and the City Council shall
determine to issue bonds or certificates of indebtedness
for more than one different purpose, the approval of the
issuance of bonds for each and all such purposes may be
submitted to the freeholders on one and the same ballot,
and the ballot to be used shall be such as shall give to
the said freeholders an opportunity to vote for or against
the issuance of bonds or certificates for each of the said
purposes; and the failure of the freeholders to approve
the issuance of bonds or certificates for any one or more
purposes shall not defeat the approval of bonds or cer-
tificates for any purpose which shall be approved by the
freeholders.
09 Art. XX CAPE CANAVERAL CHARTER Art. XX
Sec. 8 Signing Bonds. All bonds, public improvement
certificates or public utility revenue certificates, or
other obligations for the payment of money, shall be
signed in the name of the City of Cape Canaveral by the
Mayor or such other officer as shall be designated for
said purpose in the resolution authorizing the issuance
of the same, and shall be attested by the City Clerk and
shall be under the Seal of the City and all of said bonds
and certificates of indebtedness, except public improve-
ment certificates payable only from assessments from
public improvements, may bear interest coupons to be
signed with a facsimile signature of the Mayor; and all
of the said obligations shall be of such denominations
as shall be determined by the City Council, and to bear
interest at the rate fixed by the City Council, not ex-
ceeding.the prevailing market rate for similarly rated
bonds, payable either annually or semi-annually, and to
be due not less than two (2) years or more than fifty
(50) years from the date thereof. [Ord. No. 17-81, § 1,
8 Oct 1981]
Sec. 9 Bond Resolution or Ordinance Required. Prior
to the issuance of any such bonds or certificates of in-
debtedness, the City Council shall by resolution authorize
the issuance of the same, fixing the aggregate amount of
the proposed issue, the denomination, the rate of interest,
the purpose for which the moneys derived therefrom shall
be expended, the maturity of the same, either in serial
form or all to mature at a fixed date, and shall provide
for and create a sinking fund to pay the principal and
interest of the said indebtedness as the same shall mature.
Sec. 10 Sale of Bonds. 'The said bonds or certificates
of indebtedness shall be sold by the City at public let-
ting for competitive bidding at not less than ninety-five
(95) cents on the dollar, provided that public improvement
certificates payable only from special assessments for
public improvements may be sold to the contractor making
such improvements at private sale for not less than par
in payment of the contract work for such public improve-
ments.
Sec. 11 Conflict of Interest. No member of the City
Council or any officer of the City shall be directly or
indirectly interested in the purchase from the City of
any bonds or other obligations of the City, nor any such
person be directly or indirectly interested in any con-
tract to be issued by the City in excess of One Hundred
dollars ($100.00).
Art. XX
CAPE CANAVERAL CHARTER Art. XXI
Sec. 12 Refunding Bonds. Any bonds or certificates of
indebtedness, or other obligations of the City hereafter
issued, may be refunded by the issuance of refunding bonds
in the manner provided by law, if there shall not be on
hand sufficient money to pay the same when they mature;
provided that by such refunding bonds the City may not
obligate the general taxing power of the City to pay pub-
lic improvement certificates payable only from special
assessments for public improvements or public utility
revenue certificates payable only from revenues of public
utilities.
Sec. 13 Temporary Borrowing by City. When necessary
to supply deficiencies in revenue, to provide for emergen-
cies, to purchase property or to pay any expense for which
proper appropriations shall be made by the City Council,
the City shall be authorized to borrow funds for a period
of time and at an interest rate not otherwise prohibited
by law. [Ordinance No. 9-74, 7 May 1974]
ARTICLE XXI
ELECTIONS
Sec. 1 Rules Prescribed by Ordinance. The rules and
regulations for the calling and conduct of elections shall
be prescribed by ordinance; provided the same shall not be
in conflict with this act.
Sec. 2 Voter Qualifications, Method of Handling Election,
Registration, Disqualification, Inspection of Registration
Records.
A. Regular Election. The regular municipal elections
shall be held on the first Tuesday following the first
Monday in November each year. [Amended by Referendum
Election, 11 Mar 1980]
B. Qualified Voters and Registrants. All citizens
qualified by the Constitution and laws of the State of
Florida to vote in the City and who satisfy the require-
ments for registration prescribed by law shall be qualified
voters of the City. The City may adopt and establish as
the registration requirements, method and system for the
City, the registration requirements, method and system as
provided by State Statute in part or in its entirety,
including but not limited to oaths, disqualification of
voters, registration cards, registration methods and in-
spection of records. The City may adopt the single per-
manent -registration system as set forth in State Statutes.
Art. XXI
CAPE CANAVERAL CHARTER Art. XXI
C. Elected Councilmen. The newly elected City Council-
men shall assume the duties of their office at the next
regular meeting of the Council following their election
at the place normally used for Council meetings. [Amended
by General Election, 6 Jun 1972]
Sec. 3 through 6 - [Deleted by General Election, 6 Jun 721
Sec. 7 Registration Fee. There shall be no fee required
for registration in the City of Cape Canaveral:.
Sec. 8 Arrangements for Elections. The City Council
shall make all necessary arrangements for holding all
municipal elections, and shall declare the results thereof.
Sec. 9 Voting Hours and Results. The polls shall open
at 7:00 a.m. and close at 7:00 p.m. The result of the
voting, when ascertained, shall be certified by return in
duplicate, signed by the Clerk and the majority of the
Election Board, one copy to be delivered to the Mayor and
the other to the City Clerk, both of whom shall transmit
such returns to the City Council at a meeting to be held
not later than three days after such elections. At such
meeting, the City Council shall canvass such returns, and
in the absence of a declaration of a contest, by any of
the candidates in such election, shall declare the result
of the election as shown by the returns made by Clerk and
the Election Board for said election. A tie between two
or more candidates shall be determined as prescribed by
ordinance. The City Clerk, not later than noon the second
day thereafter, shall furnish a certificate of election to
each person shown to be elected.
Sec. 10 Recall of Elected Officers. Upon presentation
to the City Council of said City of a petition or petitions
signed before the City Clerk or Deputy Clerk at the City
Hall, and not elsewhere, by registered voters of said City,
in number equalling thirty percent (300) of the registered
voters of the City, asking for a recall of any officer or
officers elected under this act, it shall become the duty
of the City Council to call an election within thrity (30)
days after the presentation of the petition or petitions to
fill the place or places of any officer or officers so peti-
tioned against, such elections to be held in accordance with
the provisions of this act for regular municipal elections.
Sec. 11 Reasons for Recall. Any petition for the recall
of any officer or officers in the City of Cape Canaveral
shall be void, unless it is based upon one or more of the
following charges:
Art. XXI
A. Malfeasance
B. Misfeasance
C. Nonfeasance
CAPE CANAVERAL CHARTER Art. XXI
Sec. 12 Initiative Petition for Ordinance. Any law-
ful ordinance, including ordinances for the repeal of
ordinances then in effect or which have been enacted
but not yet effective, may be submitted to the City
Council by a petition, signed by at least twenty-five
percent (25%) of the total number of registered voters
in the City. All petitions circulated with respect to
any proposed ordinance shall set out the proposed or-
dinance in full and shall have printed or written there-
on the name of five electors who shall be officially
regarded as filing the petition, and shall constitute
a committee of the petitioners for purpose hereinafter
named; each signer of the petition shall sign his name
in ink or indelible pencil and shall place on the petition
opposite his name the date of his signature. The sig-
natures to any petition need not be appended to one paper,
but to each such paper shall be attached an affidavit by
the circulator thereof, stating the number of signers to
such part of the petition and that each signature appended
to the paper is the genuine signature of the person whose
name it purports to be, and that it was made in the pres-
ence of the affiant on the date indicated.
Sec. 13 Filing of Initiative Petition. All papers
comprising an initiative petition shall be assembled and
filed with the City Clerk as one instrument within thirty
(30) days of the first signature thereon, and when so
filed the City Clerk shall submit the same to the City
Council at its next regular meeting and provisions shall
be made by the City Clerk for public hearing upon the
proposed ordinance.
Sec. 14 Procedure on Initiative Petition. The City
Council shall at once proceed to consider such petition
and shall take final action thereon within thirty (30)
days after the date of submissions. If the City Council
rejects any of the provisions of the proposed ordinance,
as set forth in the petition, the City Clerk shall at
once cause notice of the filing of such petition and the
refusal of the City Council to pass said ordinance, to
be published in a newspaper published in the County of
Brevard, Florida, and the City Council shall at once pro-
ceed to submit the passage of the ordinance to the majority
1
73
Art. XXI
CAPE CANAVERAL CHARTER Art. XXI
vote of the qualified electors of the City voting in such
an election. If a regular or special election is to be
held in the City, not earlier than thirty (30) days, nor
later than sixty (60) days, the ordinance shall be sub-
mitted to the voters at such an election; otherwise an
election shall be called for such submission within sixty
(60) days after the refusal of the City Council to pass
such ordinance. At least ten. (10) days before such
election the City Clerk shall cause the text of the or-
dinance to be published in a newspaper of general cir-
culation published in the County of Brevard, Florida.
Sec. 15 Petition Effect on Pending Ordinance. When
the initiative petition is for an ordinance repealing or
amending an ordinance which has been enacted, but is not
yet effective, the offending ordinance shall not go into
effect until after the initiative referendum has been
held and the provisions of the original ordinance upheld.
Sec. 16 Referendum Ballot Form. Referendum elections
pursuant to the initiative petition shall be provided
for in the same manner as other elections of the City.
The ballot shall be a piece of plain white paper which
shall have printed upon itthe title of the ordinance to
be referred, below which shall be two lines in the fol-
lowing form:
FOR THE ORDINANCE
AGAINST THE ORDINANCE
The voter shall express himself by placing a cross (X)
mark to the right of the line indicating his desire in
the matter.
Sec. 17 Repeal of Ordinances* Adopted by Referendum.
Ordinances adopted by referendum vote can be amended or
repealed only by a referendum vote, but the proposition
to amend or repeal such ordinances may be submitted to
the voters in any regular election of the City; provided,
that no later than fifteen (15) days before such election
the City Council shall cause notice of such reference to
be published in a newspaper of general circulation pub-
lished in the County of Brevard, Florida, using only the
title of such ordinance in the notice if it is to be re-
pealed, but the amendment in full if it is to be amended.
Said notice to be posted in three public places if there
be no newspaper published in the city.
Art. XXI
CAPE CANAVERAL CHARTER Art. XXII
Sec. 18 City Attorney to Draft Ordinances. It shall
be the duty of the City Attorney to draft initiative
ordinances or to pass upon the legality of the same when
requested to do so by the referendum committee of five.
Sec. 19 Filing Fee. The City Council shall provide
by ordinance for a filing fee for all candidates qualify-
ing to have their names placed on the election ballot,
said fee not to exceed Fifteen Dollars ($15.00) for each
candidate.
ARTICLE XXII
ABATEMENT OF NUISANCES
Sec. 1 Structures. The existence of dilapidated, un-
sanitary or unsafe buildings or structures constitutes a
menance to the public health and safety, and as such they
are hereby declared to be a nusiance. The City Council
shall have the power and authority to abate such nuisances
by condemning and ordering to be demolished or removed, or
put in a state of sound repair, any and all dilapidated,
unsafe or unsanitary buildings or structures.
Sec. 2 Wet Lands. The existence of marsh, swamp, wet
or overflowed lands provides breeding places for mosquitoes
and dangerous reptiles, produces unpleasant odors, stenches
and smells, and is otherwise dangerous to the health, com-
fort, convenience and general welfare, and such lands are
hereby declared to be nuisances. The City Council shall
have the power and the authority to abate such nuisances
by requiring the owner of any marsh, swamp, wet or over-
flowed land to ditch, drain or fill the same.
Sec. 3 Refuse. The presence of garbage, refuse, surface
closets, dead animals, trash, waste and unused lumber or
other waste material, sawdust or debris of any kind, or
woods or high grass produces and harborsmosquitoes and
dangerous reptiles, increases the danger of fires and
the spread thereof, and produces unpleasant odors, stenches
and smells and is otherwise dangerous to the health, com-
fort, convenience and general welfare, and the existence
of any such condition is hereby declared to be a nuisance.
The City Council shall have the power and authority to
abate such nuisance by requiring the owner of any property
to remove therefrom all such garbage, refuse, surface
closets, dead animals, trash, waste or other unused lum-
ber, or other waste material, sawdust or debris of any
Art. XXII
CAPE CANAVERAL CHARTER Art. XXII
kind, and to cut to a height of not more than four (4)
inches from the ground all weeds or grass, and to remove
the same from said lands.
Sec. 4 Procedure to Abate Nuisance. If any officer of
the City shall find any nuisance, as set forth in this
Article, to exist on any lands within the City, he is
hereby authorized and empowered and directed to give the
owner of such land notice to abate nuisances or to show
cause before the City Council of the City of Cape Canaveral,
at a time and place to be designated and specified in said
notice, not less than ten (10) days from the date of ser-
vice thereof, why the same should not be declared to be
a nusiance and abated. Such notice may be served upon
said owner by any officer or agent of the City, either
personally or by mail. Said hearing may be adjourned by
the City Council from time to time. At such hearing the
City Council shall give to the said officer and said owner
of said property a full opportunity to be heard and to
present any evidence relating to the condition of said
property, and the conditions causing such nuisance, and
may, if deemed advisable, make a personal inspection of
the property. If, upon the hearing of such evidence, or
upon such personal inspection, the City Council shall de-
termine that a nuisance exists, it may enter an order re-
quiring the owner to abate said nuisance within a reason-
able time, not less than ten (10) days nor more than thirty
(30) days from the date of such order.
Sec. 5 Procedure as to Unknown Property Owners. If
the name of the owner of said property is unknown to the
officer of the City who shall find the nuisance to exist
on said property, or the home of such owner is unknown to
the City Clerk of the City of Cape Canaveral, or the name
of the owner is known and the address of said property
owner is unknown to such officer or City Clerk, the notice
provided in Section 4 may be served upon the owner of said
property by posting a copy of the same upon the property
not less than ten (10) days before the date of hearing,
and such notice by posting shall be sufficient to author-
ize the City Council to proceed in the manner provided by
Section 4.
Sec. 6 Majority of Council may Act. In any proceeding
had under this Article a majority of the City Council may.
act, and the presence of the full Council shall not be
required.
Sec. 7 One Order Affects Several Parcels. Where notice
shall have been given in the manner provided herein to the
Art. XXII
CAPE CANAVERAL CHARTER Art. XXII 7
owners of more than one parcel of property, the City Council
may in one order determine that said nuisance exists as to
all of said properties, and may in one order require each
owner to abate said nuisance as to his property, and it
shall not be necessary to enter separate orders on each
parcel of property.
Sec. 8 Authority of City Council - Penalties. The City
Council shall have the authority and power to provide pen-
alties by fines or imprisonment, or by both fine and im-
prisonment, for the violation of any order so entered.
Sec. 9 Failure to Comply with Order. If any owner of
any property shall fail to comply with the order of the
City Council within the time specified in said order, the
City, acting by and through any officer, agent or employee,
may enter upon the property where said nuisance exists,
and may do all acts necessary to abate such nuisance, and
expend such sum of money in doing such work as may be re-
quired to abate such nuisance at the expense of the owner
thereof, and may charge or assess the said property and
the owner with the actual cost of labor performed and
materials furnished in abating said nuisance, together
with ten percent (10%) of the cost of such labor and
materials for the use of tools and supervision, and said
amounts shall constitute an indebtedness of the owner of
said property to the City of Cape Canaveral, and shall
constitute a lien against said property which shall be
superior to all other liens, except the liens for State
and County taxes and City taxes, and the liens for special
assessments for public improvements. The City Clerk shall
enter in a book provided by him for such purpose the claim
of the City for said lien, in which he shall give a brief
description of the property, the name of the owner, if
known, and the amount due to the City for which said lien
is claimed. The amounts so expended by the City shall
become due within one (1) month after the expenditure of
the same, and if not paid within said time, shall bear
interest after one (1) month from the date thereof at the
rate of one (1) percent per month until paid. Upon pay-
ment of the amount due for said work the City Clerk shall
enter on said record the fact and date of payment thereof,
and such entry of payment by the City Clerk shall constitute
a discharge of the lien.
Sec. 10 Validity of Liens. Any liens herein provided
for shall not be set aside or declared invalid because of
any informality or irregularity in the proceedings, pro-
vided the notice required by Section 4 and Section 5 of
this Article shall have been given. The entry of such
1`l
Art. XXII
CAPE CANAVERAL CHARTER Art. XXII
lien shall be competent and sufficient (evidence) and prima
facie evidence of the necessity for, and the legality of
the work done, and the correctness of the amount claimed
by the City for such work and of the lien for the same.
In any suit brought to enforce said lien no defense shall
be available to the owner or other defendant except the
defense that the nuisance found by the City Council to
exist did not exist, or that the same had been abated by
the owner of the property prior to the abatement of such
nuisance by the City, or that the amount claimed by the
City to be due for the cost of abating said nuisance was
not expended by the City, or that such. amount had been
paid, and the burden of affirmatively alleging and proving
such defense shall be upon the defendant.
Sec. 11 Failure to Pay Amount Assessed for Lien. If
the owner of any property subject to such a lien for the
abatement of a nuisance, as herein provided, shall fail
to pay the amount assessed against said property for the
expense of abating said nuisance, as herein provided, with-
in thirty (30) days after the same shall have been assessed,
the City Clerk shall be, and is hereby, authorized and
directed to deliver to the City Attorney a certified copy
of said entry of lien for collection; which certified copy
of said entry shall be prima facie evidence of the contents
of said entry of lien and of the effects thereof, as provided
in this Article. The City Attorney, upon receiving such
certified copy as aforesaid, shall be, and he is hereby
authorized and directed to bring in the Circuit Court for
Brevard County, Florida, a bill in equity to foreclose the
said lien, which bill in equity shall briefly allege the
City's claim of lien against the real estate described,
shall briefly allege the giving of the notice and the entry
of the order for the abatement of said nuisance, the fail-
ure of the owner to abate the same, and the abatement of
the same by the City, the expense of such abatement, and
the entry of the lien therefor, and the failure of the
owner to pay the same. The service of the suit, the pro-
ceedings therein, and the sale of said property in said
foreclosure proceedings shall be the same as is provided
by law for the foreclosure of liens for taxes by the City,
which are hereby made applicable to suits to foreclose the
liens provided by this Article. A sale of said property
in said foreclosure proceedings shall divest the title of
the owner thereof and the claims of all persons holding
liens on said property, and vest the same in the purchaser
in the same manner and to the same effect as suits to fore-
close liens for taxes.
Art. XXII
CAPE CANAVERAL CHARTER
1
Art., XXIII
Sec. 12. Attorneys Fees. The City Attorney shall be en-
titled to a fee: of five percent (5%) of all amounts of liens
and interest collected by him without suit, which:shall be
added to the amount of the lien, and in all suits to fore-
close said liens wherein the City shall prevail he shall
be entitled to a reasonable attorney's fee, to be fixed
by. the Court and to be taxed as a part of the cost, which
allowance to the City Attorney shall be regarded as further
penalties for the nonpayment of the said lien within the
time prescribed by law. If the City Attorney shall procure
information from an abstract company as to record ownership
of, or mortgages or liens upon any land, the liens on which
have been certified for collection, the amount so paid to
such abstract company for such information shall be in-
cluded in the cost in the event of foreclosure.
Sec. 13 Complaint to Foreclose Lien. The City Attorney,
in foreclosing said liens, may include in one bill of com-
plaint as many parcels of land and as many and varied de-
fendant owners, mortages andother lien holders as may be
deemed necessary and advisable by the City Attorney, and
may include the foreclosure of such liens in a bill of
complaint seeking the foreclosure of taxes. No such bill
of complaint shall be deemed multifarious, and it shall be
no objection to the same, that liens upon more than one
parcel of land, or liens for taxes, or more than one de-
fendant, are included in the same bill of complaint.
ARTICLE XXIII
EXTENSION OF THE CORPORATE LIMITS
Sec. 1 Methods of Annexation. The corporate limits of
the City of Cape Canaveral may be extended and enlarged as
follows:
1. Under the procedure for the annexation of contiguous
lands as provided in the general laws of the State of Flor-
ida; or
2. The City Council may by resolution, annex lands which
are contiguous to the corporate limits of the City upon
written request of the owner (or all the owners if there
are more than one) of such lands, and such resolution shall
become effective upon its adoption and no land shall be
annexed by this method except lands owned by the person
requesting such annexation; or
7�
Art. XXIII
CAPE CANAVERAL CHARTER Art. XXIV
3. Upon written request of ten percent (10%) of the
qualified electors residing in any area contiguous to the
corporate limits of the City, the City Council may call
an election, at which election the question of whether or
not the said area should be annexed by and brought within
the corporate limits of the City of Cape Canaveral shall
be voted on by the qualified electors residing in the
area. If a majority of the votes cast in the said election
are in favor of such annexation by the City, the City
Council may, by resolution, annex the said area and no
publication of said resolution shall be required, and it
shall become effective upon its adoption. The election
held under this paragraph shall be held and conducted in
the same manner as regular municipal elections under this
act; and the term "qualified elector" as used in this
paragraph is hereby defined as: a freeholder registered
in Brevard County, Florida, and residing in the said area
considered for annexation.
4. Upon the request by written petition subscribed by
a majority of the registered resident freeholders residing
within an area described in the petition and contiguous to
the corporate limits of the City, the City Council may by
resolution annex the said area and bring the lands as des-
cribed in the petition within the corporate limits of the
City. A copy of the resolution shall be published at
least once 'a week for two (2) consecutive weeks in a news-
paper published in Brevard County, Florida, and having a
general circulation in the City, and said resolution shall
become effective ten'(10) days after the last publication
thereof. The term "registered resident freeholder" as
used herein is hereby defined as a person registered to
vote in Brevard County, Florida, residing within the area
described in the petition and owning real property situated
within the said area described in the petition.
ARTICLE XXIV
MISCELLANEOUS
Sec. 1 Building Codes. The City Council of the City
of Cape Canaveral shall have the power to adopt a building
code, an electrical code and a plumbing code not inconsis-
tent with the laws of the State of Florida, in the premises,
regulating the manner of construction of buildings and ma-
terials used in the wiring and plumbing of any building or
other structure in the City, and to provide penalties for
the violation of such codes.
Art. XXIX
CAPE CANAVERAL CHARTER Art. XXIX
Sec. 2 Constitutional Provision and Severability. That
if for any reason any section or provision of this act
shall be adjudged unconstitutional or otherwise inoperative,
such facts shall not be held to affect any other section or
provisions of this act contained, but such other sections
or provisions shall remain in full force and effect as if
the sections or provisions adjudged unconstitutional or
inoperative had not been originally incorporated in this
act.
Sec. 3 Transfer of Records. All records, property and
equipment whatsoever of any office, department, board,
commission or agency, all the powers and duties of which
are assigned to any other office, department, board, com-
mission or agency by this act, shall be transferred and
delivered to the office, department, board, commission
or agency to which such powers and duties of any office,
department, board, commission or agency are by this act
assigned to another office, department, board, commission
or agency, and all records, property and equipment relating
exclusively thereto shall be transferred and delivered to
the office, department, board, commission or agency to
which such powers and duties are so assigned.
Sec. 4 Procedure for Passage of Ordinances.
1. First Reading. Every ordinance shall be introduced
in writing, and after passage on first reading shall be
publicly posted at the City Hall, together with a Notice
of the City Council meeting when it will be given a public
hearing and be considered for final passage. The posting
shall be for a period of at least five (5) days prior to
the time of the public hearing and final passage.
2. Second Reading: Public Hearing. At the Council
meeting so posted, or at any meeting to which such hear-
ing shall from time to time be adjourned, such ordinance
shall be read in full and, after such reading, all persons
interested shall be given an opportunity to be heard.
After such hearing, the Council may finally pass such or-
dinance with or without amendment. The second passage
of any ordinance pursuant to this act shall be final and
no further passage shall be required.
3. Further Consideration: Final Passage. After such
hearing, the City Council may finally pass such ordinance
with or without amendment, except that if it shall make
an amendment which constitutes a change of subject, it
shall not finally pass the ordinance until it shall have
Art. XXIV
CAPE CANAVERAL CHARTER Art. XXIV
caused the amended sections to be posted at least once,
together with a Notice of the Council meeting when such
amended ordinance will be further considered, which post-
ing shall be for a period of at least five (5) days prior
to the time stated. At the Council meeting so posted, or
at any Council meeting to which such meeting shall be ad-
journed, the amended ordinance shall be read in full, and
a public hearing thereon shall be held, after such hearing
the City Council may finally pass such amended ordinance,
or again amend it subject to the same conditions. The
second passage of any ordinance pursuant to this act shall
be final and no further passage shall be required.
4. Emergency Ordinance. The City Council may by un-
animous vote of the Councilmen present at any meeting of
the City Council waive the time and notice requirements
herein provided for the passage of ordinances, and may
thereupon pass an ordinance following its first and
second reading at the same meeting of the City Council at
which the ordinance was introduced, provided, however, that
any such ordinance passed at the same meeting at which it
was introduced shall be captioned as an Emergency Ordinance
and it shall be temporarily effective for a period of not
more than thirty (30) days from the date of its passage.
If the emergency ordinance is not thereafter passed in
the regular manner, as herein provided, and all time and
notice requirements are not complied with within the said
thirty (30) day period following its first passage as an
Emergency Ordinance, the said Emergency Ordinance shall
expire at the end of the thirty (30) day period. The City
Council may pass an Emergency Ordinance whenever, in the
opinion of the City Council, the public welfare will be
best served by the passage of an Emergency Ordinance.
5. Execution of Ordinances. Each ordinance enacted by
the City Council shall be signed by the Mayor, shall be
attested by the City Clerk and sealed with the corporate
seal of the City, and shall be approved by the City Attorney
as to form and legality; however, failure of the City
Attorney to so approve an ordinance shall not affect its
validity.
6. Publication or Posting of Ordinances after Final
Passage. The City Council may designate the method of
publication or posting of each ordinance in the ordinance,
and in the absence of such designation in the ordinance,
the method of publication shall be posting a copy thereof
on the bulletin board at City Hall for a period of ten (10)
days. However, all ordinances levying taxes shall be
Art. XXIV
CAPE CANAVERAL CHARTER
Art. XXIV
published one (1) time in a newspaper of general circulation
in the City and published in Brevard County. Except as to
ordinances levying taxes it shall not be necessary to pub-
lish the ordinance in a newspaper, The requirement of
publication or posting shall not postpone the effective
date of such ordinance unless so provided in the ordinance.
7. Effective Date of Ordinances. Every ordinance shall
become effective immediately upon its passage and approval
by the City Council, unless the ordinance shall contain a
provision fixing a different effective date.. The require-
ments as to signature herein provided, shall not affect
the date at which the ordinance shall become effective.
Sec. 5 General Statutes of the State of Florida. The
City of Cape Canaveral shall have all the power, privi-
leges and provisions of the revised General Statutes of
the State of Florida, governing cities and towns, when
not in conflict with the terms of this act, and the same
are hereby made a part of the Charter.
Sec. 6 Conflicting Laws. That all laws and parts of
laws in conflict with the provisions of this act be and
the same are hereby repealed.
Sec. 7 Investigative Procedures. The City Council, or
any committee thereof, or any advisory board appointed by
the City Council for such purpose, shall have power at any
time to cause the affairs of any department or the conduct
of any officer or employee under their jurisdiction to
be investigated; and for such purpose shall have power to
compel the attendance of witnesses and the production of
books, papers and other evidence; and for that purpose may
issue subpoenas or attachments which shall be signed by
the president or chairman of the body, or by the officer
making the investigation, and shall be served by an
officer authorized to serve such process. The authority
making such investigation shall have power to cause the
testimony to be given under oath, such oath to be adminis-
tered by some officer having authority under the law of
the State of Florida to administer oaths. Failure to
obey such subpoena or to produce books, papers or other
evidence as ordered under the provisions of this Section
shall constitute a misdemeanor and shall be punishable
by a fine not to exceed Five Hundred Dollars ($500.00).or
by imprisonment not to exceed sixty (60) days, or both.
Sec. 8 Nepotism. No member of the immediate family of
the Mayor or a member of the City Council shall be eligible
to hold a salaried position with the City of Cape Canaveral.
Art. XXIV
CAPE CANAVERAL CHARTER Art. XXIV
Sec. 9 Gender. Whenever in this act the masculine
personal pronoun is used it shall be considered to mean
either masculine or feminine. No woman shall be dis-
qualified for any position in the City Government because
of her sex.
Sec. 10 Continuance of Officers and Ordinances. All
officers heretofore elected or appointed and holding
office under the said municipality shall continue to hold
their respective offices and to discharge the respective
duties thereof, until their successors are elected and
qualified or appointed under the provisions of this act.
All existing ordinances shall continue in effect and un-
impaired'until repealed, amended or modified by the
municipality which is hereby incorporated. All ordinances
or parts of ordinances now in effect which are inconsistent
with the provisions of this act are hereby repealed and
held void. Any ordinance passed in a manner other than
as provided by this act is hereby repealed and held void.
Sec. 11 Freedom from Tort Liabilities. No suit shall
be maintained against the City of Cape Canaveral for dam-
ages arising out of its failure to keep in proper condition
any sidewalk, pavement, viaduct, bridge, street, waterworks,
electrical plant, municipal docks and terminals, or other
public works or diamonds or by reason of any imputed neg-
ligence or other tortious action or actions sounding in
tort of said City, in any case, unless it shall be made
to appear that the damage alleged is attributable to the
negligence of the City and that written notice of such
damage was, within thrity (30) days after the receiving
of the injury alleged, given in writing to the City
Council by such injured person, his agent or attorney,
with such reasonable specifications as to time and place
and witnesses as would enable the proper City officials
to investigate the matter. Upon receiving such notice,
the City Council shall have the right to investigate the
matter, and it may make such reasonable settlement of any
such damage as may be agreed upon by the City Council.
Sec. 12 Notice of Damage Claim Required. No person
shall have a cause of action for damages against the City
of Cape Canaveral for damage, injury, death or loss in
case of accident, unless such accident shall have been
caused by negligence of the City of Cape Canaveral or its
duly authorized' officials or employees, and unless such
negligence was 'the predominant cause of the injury, death, or
loss for which the action was brought, and unless it shall
Art. XXIV
CAPE CANAVERAL CHARTER Art. XXIV
be made to appear that written notice of such damage or
loss was, within thirty (30) days after the receiving of
the injury alleged, given to the City Council, by such
injured person, his agent or attorney, with reasonable
specifications as to time, place and witnesses as would
enable the proper city officials to investigate the
matter, and it may make such reasonable settlement of any
such damages as may be agreed upon by the City Council.
Sec. 13 Benefit from Contracts Prohibited. No member
of the City Council or officer, agent or employee of the
City shall benefit, directly or indirectly, in any contract
with the City of Cape Canaveral, nor shall such member,
officer, agent or employee accept personal gifts, gratu-
ities or services given with the intention of influencing
his consideration, vote, action, favor or rendering of
service on City matters.
Sec. 14 This bill shall take effect immediately upon
becoming a law.
[Became a law without the Governor's approval. Filed
in Office Secretary of State May 16, 1963]
§ 201.01
RECORDS
CHAPTER 201
RECORDS
§ 201.03
Sec. 201.01 Authorizing Destruction of Certain Records.
The City Council of the City of Cape Canaveral, Florida,
has found and determined that certain classes or groupings
of records of the City, as set forth in the schedule en-
titled "Records Which are No Longer Required for Permanent
Retention," which schedule by this reference is made a part
hereof, are not required for permanent retention by the
City after periods of time indicated. [Ord. No. 3-69,
§ 1, 20 May 1969]
Sec. 201.02 Procedure. The procedure to destroy any of
the classes or groupings of records listed on the aforesaid
attached schedule shall be as follows:
(A) The City Clerk shall prepare or cause to be prepared
an index or schedule of the records to be destroyed or cre-
mated describing generally by classes or groupings only
those records to be destroyed and shall submit same in
duplicate for the approval of the City Auditor and City
Manager.
(B) In accordance with Chapters 119 and 267 of the Florida
Statutes and any regulations promulgated by the Florida
Board of Archives and History, the City shall obtain con-
sent of said Board of Archives and History. The City shall
comply with any and all requirements, regulations and rules
set forth by the Florida Board of Archives and History re-
garding the keeping and/or destroying of public records.
(C) After receiving consent from the Florida Board of
Archives and History, the City Clerk may proceed with the
destruction. Upon destruction of any such records, a
cremation or destruction certificate shall be executed by
the City Clerk and shall be placed on file in the office
of the City Clerk and there retained as a permanent record
of the City of Cape Canaveral. [Ord. No. 3-69, § 2, 20
May 1969]
(D) Sec. 201.03 Schedule of Records Admissible. Any
such index or schedule as described shall be admissible
in any court of competent jurisdiction or in any proceeding
before any administrative board, tribunal, bureau, agency or
officer of government or in connection with any transaction,
as prima facie evidence of the record or records so cremated
or destroyed when the index or schedule, or the appropriate
portion thereof, is certified to under the hand and seal of
the City Clerk of the City of Cape Canaveral, Florida.
[Ord. No. 3-69, § 3, 20 May 1969]
§ 203.01
PUBLIC RECORDS PROCEDUE
CHAPTER 203
UNIFORM PUBLIC RECORDS PROCEDUE
§ 203.04
Sec. 203.01 Short Title. This Chapter may be refer-
red to as "The Uniform Public Records Procedure Code."
[Ord. No. 30-73, § 1, 17 July 1973]
Sec. 203.02 Uniform Mailing Address Required. All
officers and officials in their official capacity of the
City of Cape Canaveral shall use the mailing address of
"105 Polk Avenue,Cape Canaveral, Florida 32920" for the
receipt of all documents, papers, letters, or other ma-
terials classified as public records under § 119.011,
Florida Statutes, and subject to public disclosure.
[Ord. No. 30-73, § 2, 17 July 1973]
Sec. 203.03 Cape Canaveral Post Office to be Notified.
The Postmaster of the Cape Canaveral Branch of the U. S.
Postal Service shall be notified in writing by the City
Clerk that all mail directed to officers and officials
of the City in their official capacity, except books for
the Cape Canaveral Public Library, shall be delivered to
the City Clerk at 105 Polk Avenue, Cape Canaveral, Florida
32920. [Ord. No. 30-73, § 3, 17 July 1973]
Sec. 203.04 City Clerk to Open and Log Incoming Public
Records. All incoming documents, papers, letters or other
material classified as public records under § 119.011,
Florida Statutes, and subject to public disclosure shall
be
(A) Opened by the City Clerk,
(B) Stamped to note the date and time of receipt.
(C) Stamped with a permanent, unique log number, and
(D) Entered into a log noting material source and sub-
ject, and routing. [Ord. No. 30-73, § 4, 17 July 1973]
(E) Notwithstanding the provisions set forth above,
all incoming documents, papers, letters and other material
addressed to the Police Department of the City of Cape
Canaveral shall not be opened and logged by the City Clerk.
All such addressed mail shall be delivered directly to the
Police Department where same shall be logged pursuant to
the provisions of this Ordinance. [Ord. No. 18-75, § 1,
5 August 1975]
§ 2 0 3 . 0 4 PUBLIC RECORDS PROCEDURE § 203.08
(F) Notwithstanding the provisions set forth above, all
incoming documents, papers, letters and other material ad-
dressed to the Cape Canaveral Public Library shall not be
opened and logged by the City Clerk. All such addressed
mail shall be delivered directly to the Cape Canaveral
Public Library where same shall be logged pursuant to the
provisions of this chapter. [Ord. No. 30-73, 17 July 1973,
amended by Ord. No. 7-76, § 1, 13 April 1976]
Sec. 203.05 Retention of Incoming Public Records. The
City Clerk shall retain and file as provided in § 203.11
below, the original of all incoming public records and
promptly forward a copy to the indicated or appropriate
City office or official, except
(A) If required by law to do otherwise, the City Clerk
shall retain a copy and forward the original.
(B) If in the opinion of the City Clerk the public
record can be acted upon and returned by the officer or
official within twenty-four (24) hours.
(C) If in the opinion of the City Clerk the duplication
cost would be excessive, only the cover letter shall be
retained.
(D) If the City Clerk had delegated certain records
keeping responsibilities to other officers or officials.
[Ord. No. 30-73, § 5, 17 July 1973]
Sec. 203.06 Uniform Mailing Required. All officers
and officials of the City of Cape Canaveral in their
official capacity shall furnish to the City Clerk un-
sealed, all documents, papers, letters, or other materials
classified as public records under § 119.011, Florida
Statutes, and subject to public disclosure which are to
be mailed. [Ord. No. 30-73, § 6, 17 July 1973]
Sec. 203,07 City Clerk to Log Outgoing Records. All
outgoing documents, papers, letters, or other material
classified as public records under § 119.011, Florida
Statutes, and subject to public disclosure, shall be
stamped with a permanent, unique log number and entered
into a log noting material destination and subject.
[Ord. No. 30-73, § 7, 17 July 1973]
Sec. 203.08 Retention of Outgoing Public Records Copies.
The City Clerk shall retain and file as provided below, a
copy of all outgoing public records and promptly mail the
original, except:
§ 203.08
PUBLIC RECORDS PROCIDUE § 203.12
(A) If in the opinion of the City Clerk, the duplication
cost would be excessive, only the cover letter shall be
retained.
(B) If the City Clerk has delegated certain records
keeping responsibilities to other officers or officials.
[Ord. No. 30-73, § 6, 17 July 1973]
Sec. 203.09 Interoffice and In.terdepartment Materials.
All interoffice and interdepartment documents, papers,
letters, or other materials classified as public records
under § 119.011, Florida Statutes, and subjectto public
disclosure shall be treated in the same fashion as out-
going materials in § 203,.06 - 203.08 above, with the
additional exception of § 203.05 (B) above. [Ord. No.
30-73, § 9, 17 July 1973]
Sec. 203.10 Policy Established as to Communications.
All communications properly classified as interoffice
or interdepartment directives shall be in writing, except
that if the immediacy of the action necessary requires a
verbal directive, a written equivalent shall be forwarded
within twenty-four (24) hours. This section shall not
apply to exisitng normal functions, although the keeping
of written records is encouraged. The implementation
of all new functions, policies, or programs shall, how-
ever, be by written directive. [Ord. No. 30-73, § 10,
17 July 1973]
Sec. 203.11 Certain Files to be Maintained.
(A) A separate file shall be maintained for each federal,
state, county or municipal (except the City of Cape Canaveral)
agency or office.
(B) A separate file shall be maintained for each project
in which the City is engaged. Duplicate copies shall be
filed as provided in subsection (A) above, except if in
the opinion of the City Clerk, the duplication cost is
excessive, only the cover letter shall be placed in the
subsection (A) files. [Ord. No. 30-73, § 11, 17 July 1973]
Sec. 203.12 Penalty. Any officer or official who shall
willfully and knowingly violate the provisions of'this
Chapter shall be subject to removal. In addition, said
officer or official shall be guilty of an offense punish-
able as provided in § 801.03. [Ord. No. 30-73, § 12,
17 July 1973]
§ 205. 01 PURCHASING PROCEDURES
CHAPTER 205
PURCHASING PROCEDURES
Sec. 205.01 General.
§ 205.01
(A) Introduction. This Purchasing Procedure Policy
is hereby adopted for use by all departments of the City
of Cape Canaveral. It has been prepared to aid all employees
directly or indirectly associated with purchasing and to
indicate their duties and responsibilities for maintaining
the City's reputation for fairness and integrity.
(1) The purchasing function involves the procure-
ment of materials, supplies, equipment and services at
the lowest possible cost consistent with the quality
needed for the proper operation of the City's various
operating departments. Our goal is the promotion of the
City's best interest through intelligent action and fair
dealing which will result in obtaining the maximum pro-
jected value for each dollar expended.
(2) City policy has three requirements for purchasing:
(a) All purchases must be initiated by a proper
executed purchase order which provides the documen-
tation necessary for budgeting and internal control.
(b) Purchases for the requirements and operations
of all operating departments are to be made through a
centralized Purchasing Agent for the purpose of ob-
taining lower prices by combining requirements, expedit-
ing payments for each cash discount, reducing the
number of suppliers of the same article, following -up
orders, buying cooperatively with other government
agencies and maintaining a smooth purchasing operation
and for the purpose of better internal control.
Finally, all purchases shall be of a quality suitable
to the intended purpose at the least expense. The
following regulations are intended to provide pur-
chasing procedures consistent with the City's goals,
policies and size.
(B) Legal Authorization. [Reserved]
(C) Relation of Purchasing Agent to Other Functions.
(1) A Purchasing Agent shall be designated by the
City Manager to insure proper internal control. The
§ 205.01 PURCHASING PROCEDURES § 205.01
Purchasing Agent shall not be directly involved in
purchasing for any operating department or primarily
responsible for matching and paying invoices in the
accounting department.
(2) It is the function of the City Manager to
observe and enforce all procedures herein outlined in
order that all purchases may be made fairly, quickly,
competitively and efficiently.
(3) The Purchasing Agent is not a clerk for other
departments. Instead, he exercises independent author-
ity and control. He may change vendors or requisitions,
substitute appropriate articles or materials and post-
pone or deny a request. He must work harmoniously with
the various departments in the City's best interest.
(D) Relations with Vendors. The relationship between
the purchaser and the seller is one of mutuality. No
contract that proves unsatisfactory to the vendor can be
regarded as satisfactory to the buyer. It is the respon-
sibility of the Purchasing Agent to establish a relation-
ship of mutual confidence and satisfaction between the City
and its suppliers. Therefore, it is necessary that the
Purchasing Agent be aware of all transactions that are
conducted between the City and supplier. The operating
departments should not be burdened with visits from suppliers
or with the routine of purchasing. The City's and the ven-
dor's time will be saved if the following steps are observed:
(1) All vendor's representatives will be received
by the Purchasing Agent promptly and courteously.
(2) All vendors representatives will be received
by the Purchasing Agent. When it is necessary for the
vendor to meet with the department heads, the interview
will be arranged by the Purchasing Division. If a ven-
dor contacts the department directly, he shall be
immediately referred to the Purchasing Agent.
(3) The Purchasing Agent will pass along to the
department heads useful information received from inter-
views, catalogs and advertisements or other sources.
(4) When necessary for the departments to correspond
with the vendors on some technical matter, copies of that
correspondence will be sent to the Purchasing Agent.
[Ord. No. 27-74, § 1, 1 Oct 1974]
(§ 2 0 5. 0 2 PURCHASING PROCEDURES § 205.02
Sec. 205.02 Requisitions.
(A) The Purpose of a Requisition. The purchase requi-
sition serves to inform the Purchasing Agent of the needs
of the department and to correctly define the material
requested. The requisition is not an order; it is only a
request.
(B) When the Requisition is Prepared. Requisitions
are to be prepared far enough in advance so that the Pur-
chasing Agent will be able to secure information and spec-
ifications to prepare and send for competitive quotation
or formal bids and to allow time for delivery. For this
reason, the following time/dollars should be observed:
Dollar amount under $200.00
Approximately 10 days for
delivery.
Dollar amount from $200.00 to $1,000.00
Approximately 20 days for
delivery.
Dollar amount over $1,000.00
Approximately 45 days for
delivery.
(C) Who Prepares the Requisition. Only department
heads or duly authorized persons prepare and sign requis-
itions.
(D) How to Prepare the Requisition. Requisitions are
available in pre-printed pads. The requisition should be
completed as follows on the approved form:
(1). Recommended Source of Supply. This may be
filled in if a good source of supply is known. How-
ever, this may be amended by the Purchasing Agent any
time it is determined that another source is better.
(2) Deliver to. Indicate delivery point.
(3) Date, Requested by Department. Indicate the
date, the source of the requisition, and the department.
(4) Purchase Order Number. Leave this blank. This
number will be issued by the Purchasing Agent.
§ 205.02
PURCHASING PROCEDURES § 205.03
(5) Item No., Quantity and Description. State each
item number, indicate the quantity in dozens, gross,
pounds, gallons or some other unit of measurement. In
addition, a clear description indicating the size, color,
type, grade or other pertinent information should be
given in the space provided. If this space is not
adequate, a separate sheet shall be attached to the
requisition. If the purchase requires formal or detailed
specifications, technical assistance shall be provided
by the operating department requesting the item.
(6) Unit Price. If known, the unit price should be
indicated. However, the price must be verified from
other sources by the Purchasing Agent.
(7) Code. Proper account code shall be entered by
the issuing department and verified by the accounting
department.
(8) To Be Used For. State the purpose for which the
material or service is to be used. (For example: "in-
stall walk light at Atlantic Blvd. and N.E. 26th Ave.")
In the case of requisitioning material or service for a
specific piece of equipment, indicate the identity.
(For example: Vehicle #13.)
(9) Issued by, Department. All requisitions shall
be signed by the department head or other authorized
personnel, and the department shall be indicated.
(E) Routing of. the Requisition. Upon completion of
the three-part requisition form, the preparing department
shall send the original copy (white) and second copy (yellow)
to the Purchasing Agent for processing. The third copy
(blue) shall be retained by the originating department for
reference. [Ord. No. 27-74, § 1, 1 Oct 1974]
Sec. 205.03 Purchase Orders.
(A) The Purpose of a Purchase Order. The purchase
order is the vendor's authorization to ship equipment,
materials and supplies or perform services specified
thereon. It constitutes a contract between the City and
the vendor. Therefore, it is a legal document and may
not be changed by anyone other than the Purchasing Agent.
(B) When Orders are Issued. A purchase order is issued
on pre -numbered forms from information appearing on the
requisition.
§ 205.03
PURCHASING PROCEDURES § 205.03
(C) Who Issues the Order. The Purchasing Agent only
issues purchase orders. Using departments shall not
enter in negotiation with any vendor for the purchase of
materials, supplies, equipment or services except in the
instance of a blanket order or petty cash which are des-
cribed in Sub -sections (F) and (G) below. All purchase
orders are transmitted to vendors by the Purchasing Agent.
(D) Routing the Order. A standard five -part pre -
numbered purchase order form shall be used for all pur-
chases. After the order is prepared by the Purchasing
Agent, it is routed to the Accounting Department for
verification that the code is correct and that appropriate
funds are available. The order is then returned to the
Purchasing Agent for his signature, and the copies are
distributed as follows:
(1) Original "Vendor's Copy" (white) forwarded to
vendor as authorization to fill the order.
(2) Second Copy "Receiving Report" (Goldenrod)
forwarded to the department having made the request
along with the yellow copy of the requisition. The
department should transfer purchase order number, ven-
dor, prices and other information from the "Goldenrod"
to their copy of the requisition for departmental file.
The "Goldenrod" is to be retained by the Department
until all materials are received and/or services are
completed. Immediately thereafter, the "Goldenrod" is
to be "closed -out" by the department showing the Date(s)
received, the quantitites received and the signature of
the received. The "Goldenrod" is then returned to the
Purchasing Division.
(3) Third Copy "Purchasing- Numerical" (pink) re-
tained numerically in an "open -file" by the Purchasing
Agent until the "closed -out" Goldenrod is received.
The (pink) copy is then "closed -out" and filed numer-
ically. The Goldenrod is approved for payment and
forwarded to Accounting Department as authorization
for payment of the vendor's invoice.
(4) Fourth Copy "Purchasing -Alphabetic" (yellow)
retained by the Purchasing Agent and filed alphabet-
ically.
(5) Fifth Copy "Budget" (green) retained in the
Accounting Department for budget reference purposes.
§ 205.03
PURCHASING PROCEDURES § 205.04
(E) Changes to the Order. Whenever a change of any
kind on the purchase order is required, the using depart-
ment shall request the change through a memorandum and/or
communication to the Purchasing Agent. Only the Purchasing
Agent is authorized to make changes to the original purchase
order.
(F) Blanket Orders. A Blanket -Order is a purchase
order which is issued to an approved pre -selected vendor,
at the beginning of each month. This purchase order is
good for one month period. The department which is assigned
the blanket order may make one small purchase in order to
quickly facilitate equipment repairs.
(1) Items obtained in this manner are not to exceed
$25.00 per purchase and are limited to items not in
stock. All invoices for these purchases must be properly
coded and signed by the department head. The department
retains these invoices until the end of the month. Then
they are forwarded to the Purchasing Agent along with
the vendor's statement and the code breakdown.
(G) Petty Cash. At times it is necessary to purchase
minor items not in stock for expediency. If the item is
not covered under the blanket order policy, the department
may purchase it for cash. A petty cash purchase shall not
exceed $10.00 and must be approved by the department head.
In addition, a paid slip must be obtained from the vendor,
signed and properly coded by the department head. The
slip is then brought to the Purchasing Agent for approval.
Reimbursement will then be made by the City Treasurer.
This procedure is for expediency only and is not to be
abused. [Ord. No. 27-74, § 1, 1 Oct 1974]
Sec. 205.04 Emergency Purchase.
(A) When the Emergency Order is Used. it is recognized
that some emergencies cannot be anticipated. Therefore,
emergency purchases may be made in the case of equipment
or vehicle breakdowns or storm damage, but only if depart-
mental operation would be seriously impaired if immediate
action were not taken.
(B) Who Makes the Emergency Purchase. Emergency pur-
chases may be made by either the using departments or the
Purchasing Agent, but only approved by the Purchasing Agent.
(C) How the Emergency Purchase is Made. To initiate
an emergency purchase, the using departmental authority
§ 205.04
PURCHASING PROCEDURES § 205.04
calls the Purchasing Agent, advises him of the nature of
the emergency and requests a purchase order number. Under
no circumstances are prior arrangements to be made with a
vendor before a purchase order number is obtained; infor-
mation only may be solicited by the Department Head. The
using department will transmit the purchase order number
that's obtained to the vendor to beusedas the vendor's
authority to provide the material or services. Then the
department will prepare a requisition in the usual manner,
except the purchase order number will be placed in the
upper right-hand corner and the word "confirming" will be
written on the requisition. The requisition and the sales
ticket or invoice will then be sent to the Purchasing Agent
as soon as the transaction is completed. Finally, the
Purchasing Agent will issue a "confirming" purchase order
to the vendor.
(D) Making An Emergency Purchase at Night, Weekends or
Holidays. If an emergency should arise during a time when
City Hall is normally closed, the using department will
follow the same procedure as above; purchase order number
will not be used at the time of the transaction. Instead
the sales ticket or invoice will be attached to the requi-
sition and forwarded to the Purchasing Agent the following
work day along with a memorandum explaining why a purchase
order number was not obtained.
(E) General Information About Emergency Purchases.
(1) When emergency purchases are made, the department
will buy at the best possible price. In most cases,
the order will be issued to the vendor from whom the
materials were previously purchased. The Purchasing
Agent will aid in the selection of the proper vendor.
(2) A true emergency will almost occur as a result
of parts and labor needed for repairs to equipment which
must be kept in operating order. Emergencies created
through negligence or failure to anticipate normal needs
are to be avoided.
(3) Emergency purchases are costly, they are made
hurriedly, usually on a non-competitive basis, and
usually at top prices. Most vendors will charge a
premium if supplies must be obtained immediately. By
avoiding emergency orders, money will be saved. [Ord.
No. 27-74, § 1, 1 Oct 1974]
§ 205.05
PURCHASING PROCEDURES
5 205.06
Sec. 205.05 Invoices. Invoices are the vendor's
charge for materials or service rendered to the City
which provide the basis for remittances. The invoice is
based on the purchase order. Therefore, it should refer
to it and follow it in all details of description, terms
and prices.
(A) What Departments Do With Invoices.
(1) The purchase order instructs vendors to send
invoices directly to the City of Cape Canaveral Account-
ing Department. The using department should not retain
a completed "Goldenrod" while waiting for an invoice.
The invoice, in all probability, will be in the Account-
ing Department awaiting payment. However, it cannot be
paid until the purchase order is closed -out.
(2) If the using department receives an invoice,
it should immediately be forwarded to the Accounting
Department. Prompt payment of invoices may permit the
City to deduct cash discounts. [Ord. No. 27-74, 5 1,
1 Oct 1974]
Sec. 205.06 Inspection, Testing and Receiving.
(A) Purchasing Agent Function. The Purchasing Agent
will inspect or supervise the inspection of all materials,
supplies, equipment or contractual services received to
determine their conformance with the specifications set
forth in the purchase order or contract.
(B) Inspection Authorization. The Purchasing Agent
may authorize using departments which have adequate staff
and facilities to inspect materials received for conformity
with the purchase order.
(C) Procedure, Departments. After inspecting and test-
ing material received, departments will complete the re-
ceiving report appearing on the bottom of the "Goldenrod".
Any variance in quantity shall be noted.
(1) If the quantity received does not correlate
with the vendor's packing slip, the Purchasing Agent
shall be notified at once of the discrepancy. If the
materials delivered are not in conformity with the
specifications and are not acceptable to the receiving
department, the receiving department shall notify the
Purchasing Agent at once of the reasons for withholding
acceptance. The Purchasing Agent will take immediate
action to compel replacement by the vendor or otherwise
take action to supply the department with the needed
material.
i? § 2 0 5. 0 6 PURCHASING PROCEDURES § 205.07
1
(D) Outside Testing. When the use of outside testing
laboratories become necessary, the Purchasing Agent will
make the necessary arrangements.
(E) Posted Receiving Reports. When partial shipment
is made on an order, a partial receiving report is made in
duplicate. One copy is forwarded to the Purchasing Agent
and one copy is retained in department files. Proper
notations are made on the receiving copy of the purchase
order for each partial shipment. The receiving copy of
the purchase order is held by the department until the
order has been filed. At this time, the receiving copy
of the purchase order is forwarded to the Purchasing Agent.
(1) If it is anticipated that the balance of the
order will be received in a short period of time, a
partial receiving report need not be prepared. How-
ever, an accurate record of the partial shipment must
be recorded on the Goldenrod so that it may be closed
out properly upon receipt of the balance. [Ord. No.
27-74, 5 1, 1 Oct 1974]
Sec. 205.07 Follow-up and Expediting. The process of
procurement is not accomplished by simply issuing an order;
satisfactory delivery must also be made. To insure that
delivery is made when the material or services are required,
some form of follow-up is frequently necessary.
(A) Purchasing Agent's Responsibility. Follow-up or
expediting is essentially a part of the purchase process
and can be most effectively handled as such since the
necessary delivery records and similar information are
immediately available to the Purchasing Agent.
(1) First of all, the basis for successful follow-
up lies in the stipulation of proper terms of the pur-
chase. The necessary procurement cycle, manufacture
time and delivery time are important considerations for
the buyer. In addition, the purchase order should state
the required delivery date. Finally, the source of
supply whose history diary shows a record of broken
delivery promises should be eliminated from consideration.
(2) The method of follow-up will depend on the nature
of the order and the promised delivery date. Regardless,
the Purchasing Agent must continually expedite outstand-
ing orders in order to obtain the earliest possible
delivery.
§ 205.07
PURCHASING PROCEDURES
§ 205.07
(B) Departmental Responsibility. If the using depart-
ments will plan their work carefully, many needless orders
for material will be eliminated and there will be no need
for any particular follow-up besides routine ones. Con-
stant requests to supplier for such service destroys the
effectiveness of rush requests and adds to both the buyer's
and the seller's costs. In addition, rush requests may
cause expediting to degenerate into more pressure, which
is the least effective of all follow-up methods. [Ord.
No. 27-74, § 1, 1 Oct 1974]
00
Operating
Department
(1) Prepares requisition.
Retains blue copy and
forwards white and yellov
copies to purchasing
agent.
Purchasing (2)
•Agent
Accounting
Division
City
Manager
Vendor
Analyses requisition. If
disapproved, returns to operat-
ing department. If approved,
determines best source of
supply, issues purchase
order and forward to A• ount-
ing Division.
Verifies thbudget node ie
correct a•• that funda•are
availab Forwards to
City anager.
Analytes purchase order.
disapproved;.returns to
purchasing agent. Id.
approved, signs and returns
to Accounting Division.
If
CITY OF CAPE CMAVERAL
PURCEASINC PROCEDURE - FLOP CUAET
(5)
Sign, forward receiving copy ( )
of purchase order (Goldenrod) .
and yellow copy of requisid
ion to using department.. `
R tains pink and yellov copies
o purchase order and white
cop of requisition. For-.
wardwhite copy of purchase
order to vendor
Retains budget copy (green)
and forty d balance to pur-
chasing a:-nt.
(9)
Receives goods..
Closes out receiv-
ing copy of. purchase
order.(Goldenrod) and
forwards to Purchas—
ing Agent.
Closes out pink copy
cf purchase order and
files. 0ki Goldenrod
and forvard•to Account-
ing Division.
(10) Hatches and pays
invoice.
Pills order and sends
invoice to Accounting
Division.
FINAL
LOCATION
2 :!EQ. COPY
1 REQ. COPY
2 PURCHASE
ORDER COPIES
2 PURCHASE
ORDER COPIES
1-PURCHASE--
ORDER COPY
po
§ 207.01
',PERSONAL PROPERTY CONTROL
CHAPTER 207
PERSONAL PROPERTY CONTROL
Sec. 207.01 General.
§ 207.01
(A) Introduction. This Personal Property Control
Policy is hereby adopted for use by all departments of
the City of Cape Canaveral. It has been prepared to aid
all employees directly or indirectly associated with
property control and to indicate their duties and re-
sponsibilities as custodians or custodian's delegate of
City property.
(1) Each year the City spends thousands of dollars
acquiring fixed assets. At the same time, hundreds of
dollars worth of furniture, equipment and rolling stock
are disposed of. Therefore, the function of this prop-
erty control system is not limited to preventing theft
or misuse of City property. It also provides a detailed
record of fixed asset acquisition which can be invaluable
for purchasing. In addition, this system includes dis-
position procedures which can initiate wise trade-ins
and can provide the City with miscellaneous income from
the proceeds of surplus property.
(2) This procedure is designed to comply with
Chapter 723 of the Florida Statutes, which was enacted
to regulate the acquisition, supervision, accountability,
control, transfer and disposal of all fixtures and
tangible personal property of a nonconsumable nature,
the value of which is $100 or more and the normal ex-
pected life of which is one year or more. But in keeping
with City accounting policy, this procedure is designed
to regulate the acquisition, supervision, accountability,
control, transfer and disposal of all fixtures and
tangible personal property of a nonconsumable nature
with a normal expected life of one year or more which
have a significant value and are convenient to identify
and control.
(B) Definitions.
Custodians - The elected board entitled to lawful
custody of City property (City Council).
Chief Custodian's Delegate - The City employee delegated
with primary responsibility for property control (City
Manager).
§ 207.01
PERSONAL PROPERTY CONTROL § 207.02
Custodian's Delegate - The City employees who have
custody of and accountability for property assigned to a
particular activity (Department Heads).
Property Control Officer - The City employee designated
to perform the clerical and administrative duties prescribed
in this manual.
Property - All fixtures and other tangible personal
property of a non -consumable nature with a normal expected
life of one year or more which have a significant value
and are practical to control. Items which form a part of
the building services system and which are permanently
attached to and become a part of the building are not
property.
(C) Relation of the Property Control Officer to Other
Departments. A property control officer shall be designated
by and be under the supervision of the City Clerk. The
property control officer may have other clerical or admin-
istrative duties but must not be charged with the custody
of property. He must work harmoniously with the various
custodians, but he exercises independent authority and
control.
(D)' Initial Installation and' Marking of'Property. The
following steps were taken to install the property system:
(1) A physical inventory was taken on July 1, 1974.
(2) Based on this inventory, the accounting records
were searched and the information for the control records,
as prescribed in this manual, was gathered. For those
items which invoices could not be found and for those
items which were donated, price estimates were made.
(3) The property was identified as prescribed in
this manual.
(4) The property records and control accounts were
constructed and reconciled to the records. [Ord. No.
28-74, § 1, 15 Oct 1974]
Sec. 207.02 Property Records. In order to comply with
Section 273.02 of the Florida Statutes and construct a
system which quickly provides all pertinent information,
this system consists of these separate property records
with detailed cross reference.
cz
§ 207.02
PERSONAL PROPERTY CONTROL § 207.02
(A) The Cards. A property card containing all perti-
nent information concerning classification, description,
acquisition, physical inventory, and disposal shall exist
for all property controlled by the City. These cards shall
be filed according to class, then alphabetically by type,
and finally numerically within each type.
(1) Classification.
(a) Identification No. The number assigned to
each item by the property control office.
(b) Class Broad catagories of classification.
The classes which shall be used by the City are
listed below in Subsection (d). However, this
scheme is flexible and necessary additions should
be made by the property control officer.
(c) Type. Subcategories of classes. The types
which shall be used by the City are listed below
the classes in subsection (d). Like classes, types
are flexible categories which can be altered by the
property control office.
(d) Class and Type Categories.
COMMUNICATIONS EQUIPMENT
1. Amplifier
2. Base Stations
3. Bull Horn
4. Microphones
5. Mixer
6. P.A. System
7. PlectronReceivers
8. Plectron Transmitter
9. Radios/Car
10. Radio Phones
11. Radios/Portable
12. Radio/Rechargers
13. Scanners
14. Speakers
15. Stands/Desk
Microphone
16. Walkie Talkie
LABORATORY EQUIPMENT
1. Balances
2. Comparators
3. Desicator
4. Distiller
5. Fume Hood & Steam
Bath & Table
6. Electrode Glass
Membrane
7. Incubator
8. Muffle Furnace
& Rheostat
9. Oven
10. Oxygen Meter
11. Probes
12. PH Meter
13. Rain Gauges
14. Pressure/vacuum
Pump
15. Test Kit
16. Weight Sets
§ 207.02
PERSONAL PROPERTY
EMERGENCY/SAFETY EQUIP
1. Electric Generator
2. Flashers
3. First Aid Kits
4. Gas Mask
5. Lanterns
6. Lights/Beacon
7. Lights/Support
8. Resuscitators
9. Sirens
10. Siren Speaker
11. Spotlights
12. Stretcher
13. Traffic Kits
FIRE EQUIPMENT
1. Applicator
2. Adaptors
3. Ax
4. Couplings
5. Fire Extinguishers
6. Fire Hose
7. Floating Dock
Strainer
8. Foam Ejector
9. Hose Clamp
10. Hose Cleaner
11. Hose Elbow
12. Hose Jacket
13. Hose Tester
14. Indian Tanks
15. Rescue Saw & Kit
16. Shutoff
17. Sledge Hammer
18. Smoke Ejectors
19. Smoke Masks with
Oxygen Tank
20. Spanner
21. Nozzles
22. Valves
RECREATION EQUIPMENT
1. Bleachers
2. Hanging Bar
3. Jungle Jim
4. Merry-go-round
5. Nursery Swing Set
6. Picnic Tables
7. Slide
CONTROL § 207.02
MAINTENANCE EQUIPMENT
1. Blade
2. Bush Hog
3. Curb Dresser
4. Edger
5. Floor Maintainer
6. Lawn Mower
7. Pump
8. Trailer Cart
9. Tank/Water
10. Vacuum Cleaner
MISCELLANEOUS
1. Air Conditioner
2 Aiifto Visual Equip.
3. Books
4. Book Carousel
5. Book Shelf
6. Book Stacks
7. Book Trucks
8. Card Catalogs
9. Display
10. Exhaust Fan
11. Freezer
12. Globes
13. Grill
14. Hat Rack
15. Microfilm
16. Paperback Rack
17. Refreshment Center
18. Record Bin
19. Refrigerator
20. Sewage Machine
21. Sink
22. Water Fountain
23. Water Heater
PHOTOGRAPHIC, REPRO. &
PRINTING EQUIPMENT
1. Camera
2. Condensor
3. Microfilm Reader
4. Projectors
5. Screens
6. Speaker/Movie
7. Tape Reader
/a
oy § 207.02
PERSONAL PROPERTY
OFFICE EQUIPMENT
1. Addressor Printer
2. Adding Machine
3. Bookkeeping Machine
4. Calculators
5. Cash Registers
6. Mimeograph
7. Numbering Machine
8. Postage Meter
9. Postage Scale
10. Photocopier
11. Stenomachine
12. Time Clock
13. Timestamp
14. Typerwriter/
Electric
15. Typewriter/
Manual
SHOP EQUIPMENT
1. Air Compressor
2. Dial Test Indicator
3. Drill
4. Drill Index Set
5. Driver Set
6. Grinder
7. Hoist
8. Jack
9. Ladders
10. Punch & Chisle Set
11. Saws
12. Socket Set
13. Tap & Die Set
14. Tool Bench
15. Tool Box
16. Tool Cart
17. Turbine Tool Kit
18. Vise
19. Welding Equipment
20. Wheelbarrow
21. Wrench Set
CONTROL § 207.02
OFFICE FURNISHINGS
1. Bookcase
2. Cabinet/Storage
3. Card Box
4. Card File
5. Cash Box
6. Chair/Executive
7. Chair/Children
8. Chair/Folding
9. Chair/Lounge
10. Chair/Stacking
11. Chair/Straight
12. Chalkboard
13. Clock
14. Combination File
15. Credenza
16. Desk/Executive
17. Desk/Secretarial
18. Drapes
19. Door Mat
20. Lamp
21. Legal File
22. Locker
23. Pictures
24. Plate File
25. Podium
26. Rugs
27. Stand/Typing
28. Stand/Other
29. Stool
30. Table/Conference
31. Table/Folding
32. Table/Other
33. Table/Posting
34. Table/Utility
35. Tape File
ROLLING STOCK
1. Car/Sedan
2. Generator/Mobile
3. Truck/Fire
4. Truck/Econoline
5. Truck/Pickup
6. Tractor
7. Van
§ 2 0 7. 0 2 PERSONAL PROPERTY CONTROL
POLICE/LIFEGUARD EQUIPMENT
1. Breath -Analyzer
2. Bullet Reloader
3. Cages
4. Fieldglasses
5. Fingerprint File
6. Lifesaving reel
§ 207.02
7. Platform
8. Ladder
9. Radar Unit
10. Riot Kits
11. Shotguns
12. Sound Level Meter
(2) Description.
(a) No. Units. The number of items listed on
each card.
(b) Make or Manufacturer. The manufacturer of
the item.
(c) Year or Model. The manufacturer's trade
name or the year the item was manufactured.
(d) Delegate. The custodian's delegate.
(e) Location. The items primary place of use.
(f) Serial Number - The manufacturer's serial
number.
(g) Unit Cost. The price of each item listed
on the card.
(h) Total Cost. All items are recorded at
acquisition or procurement cost. This cost is in-
voice price, plus freight and installation charges,
less discount. No adjustment is made when value
exceeds cost except for donations. Donations are
recorded at fair market value or a reasonable and
equitable estimate of such value on the date of
acquisition. Whenever the transaction involves the
trade-in of an item, the trade allowance is added
to the cash disbursement to arrive at the acquisi-
tion cost.
(3) Acquisition.
(a) Date. The date that the invoice was paid.
(b) Voucher No. The number of the check used
to pay the invoice.
IC
0 t s § 2 0 7. 0 2 PERSONAL PROPERTY CONTROL § 207.03
(c) Vendor. The source from which merchandise
was purchased or donated or granted. If the item
was donated or purchased in part or in whole with
grant money, this should be indicated in the space
to the right.
(d) Method. The method of acquisition - purchase,
donated or grant.
(4) Inventory.
(a) Date. The date the inventory was taken.
(5) The Journal.
(a) ID#. The identification number assigned to
the property by the property control officer.
(b) Custodian's Delegate. See Sec. 207.01 (B).
(c) 'Date. The date of acquisition.
(d) Class & Type. See Sec. 207.02 (1) (d).
(e) Debit or Credit. When property is acquired,
a debit is made for the total cost, as defined above.
When property is disposed of, a credit is made for
the properties procurement value.
(f) Balance. The debit balance of all property
under City control
(g) Source. The source of the funds which were
used to purchase the item.
(B) The Ledger. The ledgers are separate listings of
all property under the direct control of a particular cus-
todian's delegate. The items in each ledger are arranged
numerically and contain the necessary information for
quick cross-reference to the cards. The listings in the
ledgers are the same as in the journal (see Subsection (A)
(5) above) except for "signature." In this space the
custodian's delegate charged with the property should place
his initials, indicating that he accepts reponsibility for
the item. [Ord. No. 28-74, § 1, 15 Oct 1974]
Sec. 207.03 Control Accounts. Three control accounts
showing the dollar amount invested in property shall be
kept. The dollar totals of each shall equal the procure-
ment value of all City property.
§ 207.03
PERSONAL PROPERTY CONTROL
§ 207.04
(A) Custodian -Wide Control Account. The "balance"
column of the journal shall provide a running total of
all property controlled by the City. This total should
equal the totals in Subsections (B) and (C) below.
(B) Custodian's Delegates Control Account. The
"balance" column of each ledger shall provide a running
total of the property controlled by each custodian's
delegate. The total of this ledger should equal the
totals in Subsections (A) and (C) .
(C) Class Control Account. A control card shall be
filed with each class of property. For each transaction,
an entry shall be made on the appropriate class control
card, recording the property control number, the type
and a debit for an acquisition or credit for disposal.
The balance of these entries provides a running total of
the investment in each class of property. The total of
the balance of all the class control cards should equal
the totals in Subsections (A) and (B) above. [Ord. No.
28-74, § 1, 15 Oct 1974]
Sec. 207.04 Property Control.
• (A) Initiating Property Control. For the purpose
of this procedure, property control begins when the in-
voice for an item of property is paid. Therefore, the
property control officer shall review all invoices as
soon as practical after they are paid. From this review,
the property control officer should determine which items
are property and should be controlled. Once it has been
determined that an item should be controlled, the item
should be placed in class and type. This classification
should be done by the property control officer. If no
appropriate class or type exist, a new one shall be in-
vented.
(B) Filling Out the Property Control Records. Once
property has been classified, a class card shall be filled
out as completely as possible. All possible information
regarding description and acquisition (see Sec. 207.02(A)
shall be obtained from the invoices. The property control
officer shall take the card with him when he identifies
the property (see Subsection (C) below). From direct
observation, more complete information including the
identification number shall be recorded on the class card.
After this information is obtained and the property is
identified by the method advocated in this chapter, the
rD 7
§ 207.04
PERSONAL PROPERTY CONTROL § 207.04
journal, ledger and class control card shall be completed
as described in Sections 207.02 and 207.03. This process
will automatically keep the control accounts in balance.
(C) Identification of Property. After the class card
is partially completed from the information on the paid
invoice, the item which has been classified as property
by class and type shall be identified. Most property
shall bemarked with a metal tag containing the identifi-
cation number and the name of the custodian.
(1) For property which is too small for the metal
tag or whose function would subject the tag to oblit-
eration, the following code shall be etched on the
property as means of identification:
Police Department Property
City Hall Property
Pollution Control Property
Fire Department Property
CCPD 0034
CCCH 0034
CCPC 0034
CCVFD 0034
It is the responsibility of the Custodian's Delegates
to assure that these marks are not destroyed or painted
over.
(2) For small hand tools and other items which the
property control officer determines are property but
not significant enough as a unit to be practical to
control, the custodian's delegate must etch or other-
wise identify these items with the department's code
(for example CCPD). A list of these miscellaneous
items will be retained by the property control officer
and inventoried yearly.
(3) Identification tags or marks should be uniformly
located on similar types of property. The method of
uniformly locating the marks on property is prescribed
as follows:
(a) Desks and Tables. Front of left leg just
below the top.
(b) Chairs. Back of chair seats.
(c) Files, Cabinets, Lockers, Racks, etc.
Front top, left corner.
(d) Rugs. Reverse side of a corner.
§ 2 0 7. 0 4 PERSONAL PROPERTY CONTROL § 207.06
(e) Office Machines and Accessories;. Upholstered
and Decorative Furniture. Where convenient but
where it will not mar the appearance of the item.
(f) Rolling Stock. Above manufacturer's ident-
ification number on the driver's side of the dash-
board. [Ord. No. 28-74, § 1, 15 Oct 1974]
Sec. 207.05 Physical Inventory. A physical inventory
of all City property shall be taken by the property con-
trol officer each year or when there is a change of
custodian's delegates. The custodian's delegate shall
accompany the property control officer during the inven-
tory of property under his control.
(A) Tnformation Gathered. During the inventory, the
condition of all property should be noted and rated good,
fair or poor. A list of property not being used shall be
compiled for transfer or disposition procedure. In
addition, a list of all property not on hand and not
properly disposed of shall be compiled for presentation
to the City Manager and City Council.
(B) Record Adjustment. The date of the inventory and
the condition of the property should be recorded on the
class cards. In addition, the disposition procedure out-
lined in Sec. 207.07 shall be followed for the missing
items. [Ord. No. 28-74, § 1, 15 Oct 1974]
Sec. 207.06 Lending and Transfer. When property is
loaned, returned or transferred to other departments, a
memorandum giving the date of transfer or return, the
identification number and the signature of the lending
and receiving custodian's delegates shall be filed with
the property control officer. However, lending or trans-
ferring property to private citizens for private use shall
be considered a flagrant misuse of City property.
(A) Lending. A memorandum recording the loan of
property between the departments shall be kept in a
pending file for one year. After this time, the property
shall be considered permanently transferred.
(B) Transfer. When an item is permanetly transferred,
the records must be adjusted. First, the new Custodian's
Delegate and location are recorded on the class card.
Next, the ledgers must be adjusted. This is accomplished
by making a credit entry for the acquisition value of the
property transferred on the ledger of the transferring
/10
5 207.06
• PERSONAL PROPERTY CONTROL.
§ 207.07
custodian's delegate. After this entry is made and an
adjusted balance is obtained, the original entry shall
be made in the receiving custodian delegate's ledger
and an adjusted balance shall be indicated. [Ord. No.
28-74, § 1, 15 Oct 1974]
Sec. 207.07 Disposition.
(A) Initiation. Disposition may be initiated by
a Custodian's Delegate or the Property Control Officer.
To request disposition of property, a Custodian's Dele-
gate must send a written memorandum, including the date
of the request, the identification number and the reason
for the request to the property control officer. In
addition, the Property Control Officer should compile a
list of property in need of disposition when he takes the
yearly inventory.
(B) Offering Surplus Property to Other Departments.
Regardless of who initiates the disposition, the property
must be offered to the other departments before disposi-
tion. This is done when a written memorandum prepared
by the property control officer is sent to all the de-
partment heads. If no response is received within one
week, the property is ready for disposition (see Sub-
section (C) below). If one response is received, the
property shall be transferred (see Sec. 207.05). If
more than one response is received, the City Manager
shall determine where the property shall be transferred
to.
(C) Procedure. A list and complete description of
property which has been offered to but not requested by
the other departments shall be prepared periodically
by the property control officer. This list shall be
reviewed by the City Manager for approval. Those items
approved for disposal shall be transferred to a centralized
surplus storage space. The method of disposition of sur-
plus property shall be determined by the City Manager.
However, City Council must approve the sale of property
with a value of $100.00 or more. Yearly, the record of
all property disposed of shall be compiled and presented
to City Council for review.
(D) Public Auction. To aid in the disposition of
property, a public auction shall be held by the City
Manager within four weeks after the physical inventory.
All surplus property not disposed of by some other method
should be disposed of at this time.
§ 207.07
PERSONAL PROPERTY INVENTORY
§ 207.07
(E) Adjustingthe Records. From the minutes of the
City Council meetings, the records of the City Manager,
or the records of the public auction, information neces-
sary for record adjustment shall be obtained. When an
item is disposed of, the "disposition" section of the
class card must be completed (see Sec. 207.02). If all
property on the card has been disposed of, the card shall
be turned around and placed in the back of the file.
Then the class control card should be credited for the
acquisition value of the item. Finally, a credit entry
shall be made in the journal and appropriate ledger, the
original entry shall be stamped "disposed of date" and
a new control balance shall be entered. [Ord. No. 28-74,
§ 1, 15 Oct 1974]
f/; 5 211.01
FT FC°1LON PROCEDURE § 211.03
CHAPTER 211
ELECTION PROCEDURE
Sec. 211.01 Election Code Adopted. The Florida Elec-
tion Code as set forth and designated in the/Florida
Statutes and all amendments which have been or may be
adopted thereto is hereby adopted as the procedure for
conducting municipal elections within the City of Cape
Canaveral, Florida. The duties, authority and respon-
sibility of state and county officers, board and bodies
set forth in the Florida Election Code shall apply to the
corresponding municipal entities intheconduct of munici-
pal elections. [Ord. No. 1-75, 5 1, 4 Mar 1975]
Sec. 211.02 Penalties for Violations. All penalties
for violations as provided in the Florida Election Code
which is hereby adopted, are hereby specifically adopted
as the penalties for violations of said code as pertains
to municipal elections conducted within the City of Cape
Canaveral, Florida. [Ord. No. 1-75, 5 2, 4 Mar 1972]
Sec. 211.03 Polling Placed Provided. All elections of
the City of Cape Canaveral, Florida, shall be held and
conducted within the Volunteer Fire Station located at the
intersection of Jackson Avenue and Poinsetta Street, Cape
Canaveral, Florida, or at such other place or site within
the City of Cape Canaveral, Florida, as may be so designated
by the City Council of the City of Cape Canaveral, Florida.
[Ord. No. 1-75, 5 3, 4 Mar 1975]
13
§ 231.01
GENERAL ORGANIZATION
• CHAPTER 231
GENERAL ORGANIZATION
231.07
Sec. 231.01 The Council. All powers and _duties •of
the City of Cape Canaveral specified in House Bill No.
167, Laws of Florida, Regular Session 1963, as amended,
and of municipal corporations in the General Laws of
the State of Florida are vested in the Council. The
Council is composed of five members who are elected by
the registered electors of the City. Two members are
elected each year to three-year terms, except every
third year one member who is also the Mayor, is elected
to a three-year term. [Ord. No. 33-73, §0.1, 18 Sep 1973]
Sec. 231.03 The Mayor. The Mayor is the presiding
officer at meetings of the Council, titular head of city
government, official representative of the City, and is
responsible for the faithful execution of all ordinances.
[Ord. No. 33-73, §0.3, 18 Sep 1973]
Sec. 231.04 Mayor Protem. The Mayor Protem shall act
for the Mayor in the event the Mayor is absent from the
City or unable to perform the duties of the office of
the Mayor. [Ord. No. 33-73, § 0.4, 18 Sep 1973]
Sec. 231.05 Standing Committees of Councilmembers.
(A) Committee on Zoning Regulation. [Ord. No. 33-73,
§ 0.5, 18 Sep 1973]
Sec. 231.07 General Description of City Organization.
(A) Prinicpal Staff Units. The Council is assisted in
the performance of its responsibilities by its staff,
which is divided into the following principal units:
(1) Office of City Manager.
(2) Office of City Clerk.
(3) Office of City Attorney.
(4) Office of City Treasurer.
(5) Office of City Engineer.
(6) Municipal Court.
(7) Administrative Review Judge.
§ 231.07
GENERAL ORGANIZATION
§ 231.11.
(B) Principal Administrative, Review and Advisory
Boards. The Council is assisted in the performance of
its responsibilities by the following Boards:
(1) Library Board (Administrative and Advisory).
(2) Zoning Board of Adjustment (Review).
(3) Building Board of Adjustment (Review).
(4) Housing Board of Adjustment (Review).
(5) Noise Abatement Board of Adjustment (Review).
(6) Zoning and Planning Board (Advisory).
(7) Beautification Board (Advisory).
(8) Recreation Board (Advisory and Administrative).
(9) Commercial Development Board (Advisory).
(C) Interrelationship of Functions Among Staff and
Boards. [Reserved, Ord. No. 33-73, 18 Sep 1973]
Sec. 231.11 Office of City Manager. The City Manager
is designated by the Council and is directly responsible
to the Council. The City Manager has the following duties
and responsibilities.
(A) To provide sustained administrative leadership
and coordination of staff and board activities in carry-
ing out the acts and directives of the Council, through
overall supervision and coordination. In this capacity,
he coordinates the activities of staff and boards to assure
that adequate information and recommendation in important
areas are expeditiously considered by the staff and boards,
and brought promptly to the attention of the Council.
(B) To review with the Council and with heads of the
several boards and offices, the programs and projects of
the City and to make recommendations thereon as may be
necessary to administer the City most effectively in the
public interest.
(C) To assist the Mayor in carrying out the adminis-
trative and executive responsibilities delegated to the
Mayor and, in connection therewith, to plan, direct, co-
ordinate, and manage the administrative affairs of the
Council.
15
§ 231.11
GENERAL ORGANIZATION § 231.21
(D) To prepare the annual budget in conjunction with
the City Treasurer, with the assistance of all offices
and boards.
(E) To directly administer and supervise the units of
the office. [Ord. No. 33-73, 18 Sep 1973]
Sec. 231.13 Units of the Office.
(A) Immediate office of the City Manager.
(B) Police Department.
(C) Building Department.
(D) Waste Water. Treatment Department.
(E) Maintenance Department.
(F) Road and Highway Department.
(G) Recreation Department.
Sec. 231.14 The City Council shall be responsible for
the employment and termination of each of the department
heads of the Units of the Office as described in Section
231.13 of this Chapter. [Ord. No. 5-77, § 1, 19 Apr 1977]
Sec. 231.15 Deputy City Manager. The City Clerk shall
be the Deputy City Manager who shall act for the City
Manager during sickness or absence of the City Manager
and be responsible for the functions of the Office.
Sec. 231.21 Office of City Clerk. The City Clerk is
designated by the Council and is directly responsible to
the Council. The City Clerk has the following duties and
responsibilities:
(A) Pursuant to § 119.021, Florida Statutes, and the
City Charter, to be custodian of all public records of
the City as defined in § 119.011, Florida Statutes, and
the Seal of the City.
(B) To be secretary of the Council and perform those
duties specified in the Council Rules of Procedure.
(C) To function as Supervisor of Elections pursuant to
the Florida Election Code.
§ 2 31. 21 GENERAL ORGANIZATION
§ 231.33
(D) To issue all licenses and instruments of authority
in accordance with the laws and procedures of the City,
except for those of court.
(E) To directly administer and supervise the units of
the office.
Sec. 231.23 Units of the Office.
(A) Immediate Office of the City Clerk. The Council
shall appoint one or more Deputy City Clerks who shall
act for the City Clerk during sickness or absence of the
City Clerk and be responsible for the functions of the
office.
Sec. 231.31 Office of City Attorney. The City Attorney
is designated by the Council and is directly responsible
to the Council. The City Attorney has the following duties
and responsibilities:
(A) To advise and represent the Council in matters of
litigation.
(B) To advise and make recommendations to the Council
with respect to proposed legislation and to coordinate
the preparation of Council views on proposed or current
Florida or Federal law.
(C) To interpret Florida or Federal law.
(D) To prepare and make recommendations and inter-
pretations concerning procedural rules, to prepare or-
dinances and resolutions on request of council and Boards,
and to review all ordinances for consistency, uniformity,
and legal sufficiency.
(E) To conduct research in legal matters as directed
by the Council.
(F) To perform all legal functions with respect to
leases, contracts, tort claims and such other internal
legal problems as may arise.
(G) To directly administer and supervise the units of
the office.
Sec. 231.33 Units of the Office.
(A) Immediate Office of the City Attorney. [Ord. No.
33-73, 18 Sep 1973]
§ 231.33
ORAL ORGANIZATION § 231.45
(B) Office of the City Prosecutor and Assistant City
Prosecutor. [Ord. No. 5-77, 19 Apr 19771
Sec. 231.35 Deputy City Attorney. The Council shall
appoint a Deputy City Attorney who shall act for the City
Attorney during sickness or absence of the City Attorney
and shall be responsible for the functions of the office.
Sec. 231.41 Office of City Treasurer. The City Treas-
urer is designated by the Council and is directly responsible
to the Council. The City Treasurer has the following duties
and responsibilities:
(A) To receive all moneys and funds coming in or be-
longing to the City for taxes, licenses, permits, fines
and from any and all sources whatever, and keep a faith-
ful and strict account of all such moneys and funds, and
pay same out only upon the order of the City Council, made
in pursuance of law and ordinance.
(B) To keep a strict account of each fund separate and
as directed by the Council.
(C). To prepare all checks and vouchers to be drawn on
the City depositories, and to sign the same and present
such checks to the Mayor, or in his absence to the Mayor
Protem, to be countersigned as provided herein.
(D) To collect moneys pursuant to directive of the
Council.
(E) To perform in conjunction with the City Manager in
preparation of the annual budget with the assistance of
all offices and boards, and to make available a monthly
report of income and expenditures relative to the current
budget.
(F) To directly administer and supervise the units of
the office.
Sec. 231.43 Units of the Office.
(A) Immediate office of the City Treasurer.
(B) Collection Division.
Sec. 231.45 Deputy City Treasurer. The Council shall
appoint a Deputy City Treasurer during sickness or absence
of the City Treasurer and shall be responsible for the
functions of the office.
§ 231.51 GENERAL ORGANIZATION § 231.131 1'
Sec. 231.51 Office of City Engineer. The City Engineer
is designated by the Council and is directly responsible
to the Council. The City Engineer has the following duties
and responsibilities:
(A) To conduct research in engineering matters as
directed by the Council.
(B) To perform all engineering functions with respect
to public works operations, building and planning review,
and such internal engineering problems as may be directed
by Council.
(C) To directly administer and supervise the units of
the office.
Sec. 231.53 Units of the Office.
(A) Immediate Office of the City Engineer. [Ord. No.
5-77, § 1, 19 Apr 1977]
Sec. 231.81 Municipal Court General Authority. The
Municipal Court is a permanent body with continuing functions.
It has jurisdiction over all offenses which are not felonies
committed within the City. The rules of the Court shall be
the Rules of Criminal Procedure of the State of Florida.
Sec. 231.91 Administrative Review Judge General Authority.
The authority and related functions of the Office shall be
set forth in Chapter 361.
Sec. 231.101 Library Board General Authority. The
authority and related functions of the Library Board shall
be as set forth in Chapter 253. [Ord. No. 11-66, 10 May
1966, 9-73, 1 May 1973, & Current Contract with Brevard
County]
Sec. 231.111 Zoning Board of Adjustment General Authority.
The authority and related functions of the Zoning Board of
Adjustment shall be as set forth in Chapter 645. [Ord. No.
10-75, 28 Oct 1975]
Sec. 231.121 Building Board of Adjustment General Au-
thority. The authority and related functions of the
Building Board of Adjustment shall be as set forth in
Chapter 611.
Sec. 231.131 Housing Board of Adjustment General Authority.
The authority and related functions of the Housing Board of
Adjustment shall be as set forth in Chapter 619.
'/9
§ 231.151
GENERAL ORGANIZATION § 231.171
Sec. 231.151 Zoning and Planning Board General Functions.
The functions of the Zoning and Planning Board shall be as
set forth in Chapter 257. [Ord. No. 53-73, 1 Mar 1974]
Sec. 231.161 .Beautification Board General Functions.
The functions of the Beautification Board shall be set
forth in Chapter 251. [Ord. No. 11-68, 5 Nov 1968]
Sec. 231.171 Recreation Board General Functions. The
functions of the Recreation Board shall be as set forth
in Chapter 255. [Ord. No. 64-24, 18 Aug 1964; 33-73,
18 Sep 1973]
�a-
§ 251.01
BEAUTIFICATION BOARD
CHAPTER 251
BEAUTIFICATION BOARD
§ 251.04
Sec. 251.01 Establishment, Membership, Terms, Qual-
ifications. A Beautification Board, which shall consist
of no less than five (5) members, nor more than fifteen
(15) members, as appointed by the City Council, is hereby
established. A minimum of fifty percent (50%) of the
Beautification Board shall be registered freeholders with-
in the City. The members of the Beautification Board shall
be appointed by the City Council of the City, and the term
of office of each member thereof shall be for two (2) years,
excepting that in the appointment of the first Board, the
minority of the members shall be appointed to serve one
(1) year. The terms shall expire at the first regular
meeting of the City Council in the month of November of
each year. All members shall serve at the pleasure of
the City Council. All vacancies shall be filled for the
unexpired term by the City Council. [Ord. No. 11-68, § 1,
5 Nov 1968]
Sec. 251.02 Meetings, By -Laws, Officers. Regular
meetings of the Beautification Board shall be held at
least once each month, at the City Hall, and special
meetings of the Board shall be held at such times and at
such places as the Board may direct. All regular meetings
of the Beautification Board shall be open to the public.
The Board shall adopt its own by-laws and rules of pro-
cedure, which shall not be inconsistent with the laws of
the State of Florida, the Charter, or the Code of the City,
subject to approval by the City Council. The Board shall
elect from its own members a Chairman, a Vice -Chairman and
a Secretary, and the said officers shall serve for a term
of one (1) year, or until their successors have been
elected and qualified. [Ord. No. 11-68, § 2, 5 Nov 1968]
Sec. 251.03 Duties of Board. The Beautification Board
shall plan and propose to the City Council such landscaping
and beautification programs as shall seem desirable and
feasible to the Board, for the benefit of the City. Such
programs are to apply to all areas of the City, and to
cooperate with and to assist any private landscaping and
beautification programs conducted within the City by other
organizations or private individuals or groups of individ-
uals. [Ord. No. 11-68, § 3, 5 Nov 1968]
Sec. 251.04 Coordination with Zoning and Planning
Board. The Beautification Board shall appoint one (1)
§ 251.04
BEAUTIFICATION BOARD § 251.05
member to serve as a representative to the Zoning and Plan-
ning Board, to act as an advisor to the Zoning Board on
matters of city beautification. [Ord No. 11-68, § 4, 5 Nov
1968]
Sec. 251.05 Annual Budget, Debts. On or before July.
first of each year, the Board shall submit a budget which
shall show the cost of the public landscaping and beaut-
ification program to be conducted within the City for the
City's ensuing fiscal year. The Beautification Board shall
not incur any debts or enter into any contracts or obliga-
tions which would be enforceable against the City unless
prior approval therefor has been obtained from the City
Council. [Ord. No. 11-68, § 5, 5 Nov 1968].
§ 253.01
LIBRARY BOARD
CHAPTER 253
LIBRARY BOARD
§ 253.02
Sec. 253.01 Establishing a Free Public Library.
There is hereby established, in the City a free public
library for the use and enjoyment of the citizens and
residents of the City, and the adjoining environs, in-
cluding Brevard County, which shall be known as the Cape
Canaveral Free Public Library. [Ord. No. 11-66, § 1,
10 May 1966]
Sec. 253.02 Library Board.
(A) When any city or town council shall have decided
by ordinance to establish and maintain a public library
and reading room, they shall elect a library board to
consist of five (5) directors and two (2) alternate
directors, to be chosen from the citzens at large, of
which board neither the mayor nor any member of the city
or town council shall be a member. Such directors first
elected shall hold their office, one for the term of one
(1) year, one for the term of two (2) years, one for the
term of three (3) years, one for the term of four (4)
years, and one for the term of five (5) years, from the
first day of July following their appointment, and one
director shall be chosen annually thereafter for the
term of five (5) years; and in cases of vacancies by
resignation, removal or otherwise, the council shall
fill such vacancy for the unexpired term, first from
the alternate members and then from the public at large,
and no director shall receive any pay or compensation for
any service rendered as a member of such board, and such
directors shall give such bond as the council may require.
Such directors shall, immediately after their appointment,
meet and organize by electing one of their number pres-
ident, and such other officers as may be necessary. An
alternate director may vote only when a regular director
is absent. [Ord. No. 5-80, § 1, 4 Mar 1980]
(B) Three (3) of such board shall be a quorum. They
may make and adopt such bylaws, rules and regulations for
their own guidance, and for the government of the library
and reading room as they may deem expedient, subject to
the supervisor_ and control of the city or town council,
and not inconsistent with law. They shall have exclusive
control of expenditures of all moneys collected or donated
to the credit of the library fund, and of the renting or
construction of any library building; and the supervision,
§ 253.02 r,TRPAPY BOARD § 253.07
care and custody of the grounds, rooms or buildings con-
structed, leased or set apart for the purpose. [Ord. No.
9-73, § 1, 1 May 1973]
Sec. 253.03 Frequency of Board Meetings Established.
The City Library Board shall meet not less than twice a
year, and oftener if necessary to carry into effect and
operation its duties and powers hereby granted. [Ord.
No. 11-66, § 3, as amended by 9-73, 1 May 1973]
Sec. 253.04 Liability of City Limited. The City
shall not be liable in any way for any contracts made
and entered into, for any acts done or undertakings be-
gun or duties and liability made, assumed or created by
the Board, unless it shall first obtain from the City
Council its approval of and an appropriation made by it
for the specific contract made or•entered into by it on
the specific debt made, created, incurred or assumed.
[Ord. No. 11-66, § 5, 10 May 1966]
Sec. 253.05 Title to Property Vested in Board. Any
person may make any donation or lands for the benefit of
the library, and the title of the property so donated
shall be made to and vested in the Library Board and
their successor in office. Such Board shall thereby
become the owners thereof in trust to the uses of the
public library of the City, all as provided in § 167.31,
Florida Statutes. [Ord. No. 11-66, § 7, as amended by
9-73, 1 May 1973]
Sec. 253.06 Funds for the Support and Maintenance;
Special Fund; Disbursements. All taxes levied or col-
lected and all funds donated or in any way acquired for
the erection, maintenance or support of any public library,
shall be kept for the use of such library, separate and
apart from all other funds of said city, town or village,
and shall be drawn upon and paid out by the treasurer of
such city, town, or village, upon vouchers signed by the
president of the library board and authenticated by the
secretary of such board, and shall not be used or dis-
bursed for any other purpose or in any other manner.
[Ord. No. 9-73, § 1, 1 May 1973]
Sec. 253.07 General Powers of Library Board, Appoint-
ment of Librarian. The library board may purchase or
lease grounds; erect, lease or occupy an appropriate
building or buildings for the use of such library; appoint
a suitable librarian and assistants; fix their compensation,
and remove their appointments at pleasure; establish
§ 2 5 3. 0 7 1 LIBRARY BOARD § 253.11
regulations for the government of such library as may be
deemed necessary for its preservation and to maintain its
usefulness and efficiency; fix and impose by general rules,
penalties and forfeitures for trespassers or injury to
the library grounds, rooms, books or other property, or
failure to return any book, or for violation of any by-
laws or regulation; and shall have and exercise such power
as may be necessary to carry out the spirit and intent of
the law, in establishing and maintaining a public library
and reading room. [Ord. No. 9-73, § 1, 1 May 1973]
Sec. 253.08 Free Use of Library by Inhabitants of City;
Proviso. Every library and reading room shall be forever
free to the use of the inhabitants of the city or town,
subject always to such reasonable regulation as the
library board may adopt, to render said library and read-
ing room of the greatest use to the inhabitants of said
city or town, and the librarian may exclude from the use
of the library and reading room any person who shall will-
fully violate or refuse to comply with rules and regulations
established for the government thereof; persons so excluded
may appeal to the library board. [Ord. No. 9-73, § 1,
1 May 1973]
Sec. 253.09 Reports of Library Board to Council. The
library board shall, on or before the second Monday in
June in each year make a report to the city or town coun-
cil of the condition of their trust, on the first day of
June in such year, showing all moneys received or expended,
the number of books and periodicals on hand, newspapers
and current literature subscribed for or donated to the
reading room department, the number of books and periodicals
ordered by purchase, gift or obtained during the year, and
the number lost or missing, the number of visitors attend-
ing, the number of and character of books loaned or issued,
with such statistics, information and suggestions as they
may deem of general interest, or as the city or town
council may require, which report shall be verified by
affidavit of the proper.officers of said board. [Ord.
No. 9-73, § 1, 1 May 1973]
Sec. 253.10 Amendment of By-laws. Any by-law or
regulation established by the library board may be amended
by the council of said city or town. [Ord. No. 9-73,
§ 1, 1 May 1973]
Sec. 253.11 Penalty for Violation of Rules Recovered
by Civil Action. Penalties imposed or accruing by any
by-law or regulation of the library board may be recovered
§ 253.11
T TRARY BOARD § 253.14
in a civil action before any justice of the peace or other
court having jurisdiction; such action to be instituted in
the name of the library board of the city or town library.
Any moneys collected in any such action shall be forthwith
placed in the city treasury to the credit of the library
fund. [Ord. No. 9-73, § 1, 1 May 1973]
Sec. 253.12 Donation to Library; Title to Vest in
Library Board. Any person may make any donation of money
or lands for the benefit of such library, and the title
of the property so donated may be made to and shall vest
in the library board, and their successors in office, and
such board shall thereby become the owners thereof in
trust to the uses of the public library of such city or
town. [Ord No.. 9-73, § 1, 1 May 1973]
Sec. 253.13 Property Exempt from Execution and Taxation.
The property of such library shall be exempt from execution,
and shall also be exempt from taxation as other public
property. (Ord. No. 9-73, § 1, 1 May 1973]
Sec. 253.14 Circulating Library. The library board
may authorize any circulating library, reading matter, or
work of art, of any private person, association or corpor-
ation, to be deposited in the public library rooms, to be
drawn or used outside of the rooms only on payment of such
fees or membership as corporation or association owning
the same may require. Deposits may be removed by the
owner thereof at pleasure, but the books or reading matter
so deposited in the rooms of any such public library shall
be separately and distinctly marked and kept upon shelves
apart from the books of the city or town library, and every
such private or associate library or other property so
deposited in any public library, while so placed or remain-
ing, shall be subject to use and reading within the library
room without charge by any person and inhabitant of said
city or town, and entitled to the use of the free library.
[Ord. No. 9-73, § 1, 1 May 1973]
§ 255.01
RECREATION BOARD
CHAPTER 255
RECREATION BOARD
§ 255.01
255.01 Recreation Board Established. There is here-
by created a Recreation Board to consist of seven (7)
members, and two alternate members. Such membership shall
serve at the pleasure of the City Council and shall be
appointed for two (2) year terms by the City Council.
Within thirty (30) days after the appointment of said
Board, the Board shall have an organization meeting at
which time the Board shall elect its Chairman and any
other official whom they may designate. Such Chairman
shall serve for a one (1) year term, and the Board shall
elect its Chairman annually at their regular meeting on
the second Monday of November. All Board Members shall
be residents of the City or own property within the city
limits of Cape Canaveral, Florida. [Ord No. 64-24, §§
1, 6, 18 Aug 64; Ord. No. 64-24A, 16 Mar 1965; Ord No.
15-77, § 1, 16 Aug 1977; Ord. No. 15-79, § 1, 18 Sep 1979]
(A) The two (2) alternates shall be restricted from
voting except as specified in Subsection (D) hereof.
(B) The two (2) alternate members shall, when appointed
by the City Council, be designated as alternate number one
and alternate number two. The alternate members shall be
appointed immediately after September 1, 1977.
(C) At such time as the first alternate member loses
his alternate Board Member status by leaving the Board,
or by appointment as a permanent Board Member and there-
after, the first alternate Board Member shall be that
alternate Board Member with a longer service as an al-
ternate Board Member. The remaining alternate Board
Member shall be designated as the second alternate Board
Member.
(D) In the absence of a permanent Board Member from
an official Board Meeting, the first alternate Board
Member shall assume all duties of the absent permanent
member, including the right to vote on any matter before
the Board. If two or more permanent Board Members are
absent from a Board Meeting, the second alternate member
shall assume all the duties of an absent permanent member,
including the right to vote on any matter before the Board
at that meeting. In the absence of the first alternate
Board Member from an Official Board Meeting, the second
alternate Board Member shall act in the place of the absent
first alternate, including the right to vote on all matters
before the Board at that meeting. [Ord No. 15-77, § 2,
16 Aug 1977]
§ 255.02
RECREATION BOARD § 255.06
Sec. 255.02 Board Function Defined. The Board shall
advise the Council on matters pertaining to public parks
and recreation, and serve in such other similar matters
as the Council may direct. [Ord. No. 64-24, § 2, 18 Aug
1964]
Sec. 255.03 Board Notification to Expend Monies Required.
No city employee or official shall spend or commit monies
allocated or donated to the Recreation Board without a prior
two weeks written notification to the Recreation Board of
the proposed expenditure of allocated monies in the Board's
budget. [Ord. No. 64-24, § 4, 18 Aug 1964; Ord. No. 64-24A,
16 Mar 1965]
Sec. 255.04 Treasurer, Petty Cash Fund Established.
The Treasurer of the Recreation Board, whose office is
hereby created, shall receive, record and keep all equip-
ment records of the Board. A Recreation Board petty cash
fund is hereby created and a deposit of One Hundred Dollars
($100.00) is hereby appropriated. The Recreation Board
Treasurer shall disburse such petty cash funds only as
authorized and approved by the Board. The Board shall make
an accounting of the said petty cash fund to the City
Treasurer at the time of the quarterly review of the City's
budget. Provided, however, that no more than the original
appropriation of One Hundred Dollars ($100.00) need ever
be accounted for. [Ord. No. 64-24, § 5, 18 Aug 1964;
Ord No. 64-24A, 16 Mar 1965]
Sec. 255.05 Private Monies of the Board. The private
monies of the Recreation Board (not to include appropriation
by the City) obtained by donations, contributions, gifts,
bequests and monies raised, obtained or earned by the
operation of concession stands on properties under the
jurisdiction of the Recreation Board shall be deposited
in any licensed banking institution located within the
County of Brevard, State of Florida, in the name of the
Recreation Board of the City of Cape Canaveral. Disburse-
ments from such depository shall be made only upon the
order of two (2) members of the Recreation Board, such
signatories to be designated by the Board. [Ord. No. 64-
24, § 7, 18 Aug 1964; Ord. No. 64-24B, 21 Jul 1965]
Sec. 255.06 Employees of Board. All personnel hired
or employed by the Recreation Board for the operation or
maintenance of concession stands and properties under its
jurisdiction shall be responsible to the full Recreation
Board and shall make periodic reports to the Board as pre-
scribed by resolution of the Recreation Board. [Ord. No.
64-24, § 8, 18 Aug 1964; Ord. No. 64-24B, 21 Jul 1965]
"` § 257. 01 PLANNING & ZONING
CHAPTER 257
PLANNING & ZONING BOARD
§ 257.02
Sec. 257.01 Membership of Board. A Board to be known
at the "Planning and Zoning Board of the City of Cape
Canaveral" is hereby established. The Board shall consist
of seven members. Five permanent members shall have full
voting rights. Two alternate members shall be restricted
from voting except as specified in § 257.08 hereof.
(A) The two permanent members whose terms presently
expire on the third Tuesday in June 1974 are hereby re-
appointed to a new term expiring on September 15, 1974;
one alternate member shall be appointed to a term expiring
on the same date.
(B) The three permanent members whose terms presently
expire on the third Tuesday in June 1975 are hereby re-
appointed to a new term expiring on September 15, 1975;
one alternate member shall be appointed to a term expiring
on the same date.
(C) All terms of office thereafter shall be for two
years.
(D) The two alternate Board members shall be appointed
as soon as practical after January 3, 1974.
(E) Appointments to the Board shall be made by majority
vote of the City Council.
(F) The Board shall hold its organizational meeting at
the first regular meeting after September 15th each year,
and from its permanent membership elect its chairman who
shall hold office as chairman for a period of one year.
[Ord. No. 53-73, § 1, 3 Jan 1974]
Sec. 257.02 Qualifications. Each person appointed to
the Planning and Zoning Board of the City of Cape Canaveral
shall meet the following qualifications:
(A) A registered voter of the City of Cape Canaveral.
(B) A resident of the City of Cape Canaveral for at
least 12 months immediately preceding appointment.
The members of the Planning and Zoning Board shall serve
without compensation. [Ord. No. 53-73, § 2, 3 Jan 1974]
§ 257.03
PLANNING & ZONING
§ 257.07
Sec. 257.03 Ex-Officio Members. The Planning and
Zoning Board may appoint ex-officio members who shall
serve the Board in an advisory capacity. Each ex-officio
member shall be appointed by majority vote of the Board
and shall serve for a term to be determined by the Board,
but not to expire later than the 15th day of September.
(Ord. No. 53-73, § 3, 3 Jan 1974]
Sec. 257.04 Qualifications of Ex-Officio Members. Ex-
officio members of the Planning and Zoning Board of the
City of Cape Canaveral shall be bonafide residents of
Brevard County, but need not be a qualified voter of the
City of Cape Canaveral. Ex-officio members shall be versed
by education or experience in the field of municipal plan-
ning, zoning, or other specified areas in which their ad-
vice will be solicited. Ex-officio members shall not vote
on matters before the Planning and Zoning Board, but shall
serve the Board in an advisory capacity only.
The City Council of the City of Cape Canaveral may provide
funds for reasonable compensation for ex-officio members
who do not desire to donate their services. Reimbursement
for out-of-pocket expenses for ex-officio members may also
be provided. [Ord. No. 53-73, § 4, 3 Jan 1974]
Sec. 257.05 Conflict of Interest. No member of the
Planning and Zoning Board (permanent member, alternate
member or ex-officio member), shall benefit, directly or
indirectly in any matter coming before the Board; nor
shall any such member accept personal gifts or gratuity
services given with the intention of influencing such
member in his consideration, vote, action, favor or
recommendation as to an official matter before the Board.
Any member of the Board who has an interest, direct or
indirect, in any matter before the Board shall make his
interest known to the full Board and forthwith disqualify
himself from consideration of the said matter. [Ord. No.
53-73, § 5, 3 Jan 1974]
Sec. 257.06 Rules. of Procedure. The Planning and
Zoning Board shall adopt its own Rules of Procedure, and
rules of order by majority vote of the permanent Board.
[Ord. No. 53-73, § 6, 3 Jan 1974]
Sec. 257.07 Quorum. Three voting members of the
Planning and Zoning Board shall constitute a quorum, how-
ever, all official actions of the Board must be by majority
vote of all voting members present, i.e., permanent members
and/or voting alternate members. [Ord. No. 53-73, § 7,
3 Jan 1974]
'3�
§ 257.08
PLANNING & ZONING § 257.10
Sec. 257.08 Alternate Members, Voting Rights. The
Alternate Board Member whose term of office expires on
September 15, 1975, shall be designated as the First
Alternate. At such .time as this First Alternate Board
Member loses his Alternate Board Member status by leaving
the Board or by appointment as a Permanent Board Member,
and thereafter, the First Alternate Board Member shall
be that Alternate Board Member with the longer service
as an Alternate Member.
The remaining Alternate Board Member shall be designated
as the Second Alternate Board Member.
In the absence of a Permanent Board Member from an official
Board Meeting, the First Alternate Board Member shall as-
sume all duties of the absent Permanent Member, including
the right to vote on any matter before the Board at that
meeting. If two or more Permanent Board Members are ab-
sent from an official Board Meeting, the Second Alternate
Member shall assume all duties of an absent Permanent
Member, including the right to vote on any matter before
the Board at that meeting.
In the absence of the First Alternate Board Member from
an official Board Meeting, the Second Alternate Board
Member shall act in the place of the absent First Alter-
nate, including the right to vote onmatters before the
Board at that meeting if a Permanent Member is also absent
at that meeting. [Ord. No. 53-73, § 8, 3 Jan 1974]
Sec. 257.09 Minutes. The Planning and Zoning Board
shall designate a Secretary whose duties shall include
the keeping of minutes of all the Board's meetings, and
recording the Board's actions and recommendations. The
City Clerk of the City of Cape Canaveral shall be custodian
of all records of the Board and such records shall be
maintained in City Hall, Cape Canaveral, Florida. [Ord.
No. 53-73, § 9, 3 Jan 1974]
Sec. 257.10 Duties. The Planning and Zoning Board of
the City of Cape Canaveral shall operate exclusively in
an advisory capacity to the City Council and no ruling,
decision or recommendation of said Board shall be binding
on said Council.
The Board shall perform such duties as are conferred on it
by the Charter and Code of the City of Cape Canaveral and
shall, from time to time, make studies on planning and
zoning matters affecting the health, welfare, safety and
morals of people of the City of Cape Canaveral.
§ 257.10
PLANNING & ZONING § 257.11
No problem or situation relating to zoning shall be sub-
mitted to the City Council prior to being submitted to,
and acted upon, by the Planning and Zoning Board of the
City of Cape Canaveral. Such problems or situations re-
lating to zoning shall include, but not be limited to,
the following:
(A) Changes in zone classification.
(B) Changes in. zoning district boundaries and zoning
map.
(C) Review and revision of zoning sections.
(D) Recommendations concerning a master plan and
periodic review thereof.
The Planning and Zoning Board shall make recommendations
to the Board of Adjustment concerning Special Exceptions
and Variances in accordance with the Zoning Regulations
of the City of Cape Canaveral.
The Board Secretary shall, after each meeting of the Plan-
ning and Zoning Board, transmit a copy of the Board's
Minutes to each member of the City Council, the City Clerk,
and the City Attorney. Such minutes shall include the
Board's recommendations on any matter coming before it,
including a short statement setting forth the facts upon
which the Board's recommendations were based as well as
the Board's reasons for the said recommendation. [Ord.
No. 53-73, § 10, 3 Jan 1974]
Sec. 257.11 Master Plan, Preparation and Scope. The
Planning and Zoning Board shall prepare a comprehensive
master plan for the welfare, recreational, economic and
physical development of the incorporated areas of the City
of Cape Canaveral. The purpose of the master plan shall
be to guide and accomplish a coordinated and harmonious
development of the entire city, which will, in accordance
with existing and future needs, best promote the public
health, safety, convenience, prosperity and general wel-
fare of the city as well as efficiency and economy in
the process of city development.
The master plan shall include a coordinated, uniform plan
for:
(A) Land use
(B) Traffic circulation and roads
(C) Public Utilities
(D) Transportation
(E) Public facilities, including schools, parks, play-
grounds and other public areas
§ 257.12
PLANNING & ZONING § 257.14
(F) Long-range program for public improvement
[Ord. No. 53-73, § 11, 3 Jan 1974]
Sec. 257.12 Master Plan, Preparation and Recommendation
for Adoption. The master plan shall be prepared by the
Planning and Zoning Board of the City of Cape Canaveral
or under its direction. After review by the Board, its
recommended master plan as a whole, or in geographic areas,
shall be submitted to the City Council for adoption. The
recommendation shall refer expressly to the maps, descriptive
material and other matters intended to be part of the plan,
all of which shall be identified by the signature of the
Chairman of the Planning and Zoning Board, together with
the date thereof.
The master plan recommendation, in whole or in part, shall
require majority vote of the Planning and Zoning Board,
as specified in § 257.07 hereof.
Before adoption of the plan, or any portion thereof, a
public hearing shall be held by City Council at which all
persons shall have an opportunity to be heard. At least
fifteen days notice of the time and place of such public
hearing and its purpose shall be published in a daily news-
paper of general circulation in the City of Cape Canaveral.
[Ord. No. 53-73, § 12, 3 Jan 1974]
Sec. 257.13 Master Plan, Approval by City Council.
The master plan or such portions thereof as may be recom-
mended to the City Council by the Planning and Zoning
Board shall be formally acted upon by the City Council
within ninety (90) days from the date of such submission.
Any master plan, or part thereof, which is disapproved
by the City Council shall be referred back to the Plan-
ning and Zoning Board for further consideration and study,
with or without recommendations. [Ord. No. 53-73, § 13,
3 Jan 1974]
Sec. 257.14 Master Plan, Dissemination of Copies.
Upon adoption by the City Council and compliance with
§§ 257.11, 12 and 13 hereof, the master plan or part
thereof, shall be disseminated. Copies shall be fur-
nished to the City Clerk, City Attorney, Building Of-
ficial, Department of Public Works, and any other
department concerned.
13`
§ 261.01
LOCAL PLANNING AGENCY
CHAPTER 261
LOCAL PLANNING AGENCY
§ 261.03
Sec. 261.01 Designation and Establishment of Local
Planning Agency. Pursuant to and in accordance with the
provisions of Section 163.3174, Florida Statutes, the
Local Government Comprehensive Planning Act of 1975, the
Planning and Zoning Board of the City of Cape Canaveral,
Florida is hereby designated and established as the Local
Planning Agency for the City of Cape Canaveral, Florida,
and in addition, two members at large shall be appointed
by the City Council of the City of Cape Canaveral, Florida,
to be regular members of the Local Planning Agency for the
City of Cape Canaveral, Florida. Hereinafter, the Planning
and Zoning Board of the City of Cape Canaveral, Florida,
and the two delegates at large shall be referred to as the
Local Planning Agency. [Ord. No. 11-78, § 1, 5 Sep 1978]
Sec. 261.02 Duties and Responsibilities of Local Plan-
ning Agency. The local planning agency, in accordance with
the provisions of Section 163.3161 through 163.3211, Florida
Statutes, shall:
(a) Assume the general responsibility for the conduct
of the comprehensive planning program and the pre-
paration of the comprehensive plan for Cape Canaveral;
(b) Coordinate the comprehensive plan of Cape Canaveral
or elements or portions thereof with the comprehen-
sive plans of other local governments and the State
of Florida;
(c) Recommend the comprehensive plan of Cape Canaveral
or elements or portions thereof to the City Council
of the City of Cape Canaveral, Florida, for adoption,
and
(d) Monitor and oversee the effectiveness and status of
the comprehensive plan of Cape Canaveral and recom-
mend to the City Council of the City of Cape Canaveral,
Florida, such changes in the comprehensive plan as may
from time to time be required. [Ord. No. 14-76, § 2,
6 Jul 1976]
Sec. 261.03 Designation of Agency, Department, Committee
or Person to Prepare Comprehensive Plan. The City Council
of the City of Cape Canaveral, Florida in cooperation with
the local planning agency, may designate any agency, department,
§ 261.03
LOCAL PLANNING AGENCY § 261.08
committee, or person to prepare the comprehensive plan for
the City of Cape Canaveral, Florida, or any element there-
of under the supervision and direction of the local planning
agency. [Ord. No. 14-76, § 3, 6 Jul 1976]
Sec. 261.04 Organization, Rules and Procedures of the
Agency. The initial and subsequent members of the local
planning agency shall be appointed, shall select their
officers and shall follow such rules of procedure as estab-
lished in Ordinance No. 53-73, of the City of Cape Canaveral,
Florida, and in the Ordinance adopted by the City Council
of Cape Canaveral, Florida on January 3, 1974 establishing
the policies and rules of procedure for the Planning and
Zoning Board, or as established in subsequent resolution
or ordinance adopted from time to time by the City Council
of Cape Canaveral, Florida. [Ord. No. 14-76, § 4, 6 Jul
1976]
Sec. 261.05 Public Meetings and Records. All meetings
of the local planning agency shall be open to the public
and all records of such agency shall be public records.
[Ord. No. 14-76, § 5, 6 Jul 1976]
Sec. 261.06 Funding. The City of Cape Canaveral shall
appropriate funds at its discretion for salaries of staff,
fees and expenses necessary in the conduct of the work of
the local planning agency and also establish a schedule of
fees to be charged by the agency. [Ord. No. 14-76, § 6,
6 Jul 1976]
Sec. 261.07 Severability. The provisions of this or-
dinance shall be deemed to be separate and independent of
all other provisions herein and if any provisions of this
ordinance are declared invalid or void for any reason, the
invalidity thereof shall not affect the validity of the
remaining portion hereof. [Ord. No. 14-76, § 7, 6 Jul 1976]
Sec. 261.08 Any ordinance or resolution previously
adopted by the City of Cape Canaveral which conflicts with
the provisions hereof. shall be deemed repealed to the ex-
tent of such conflict. [Ord No. 14-76, § 8, 6 Jul 1976]
3, § 263.01 COMMERCIAL DEVELOPMENT BOARD
CHAPTER 263
COMMERCIAL DEVELOPMENT BOARD
§ 263.02
Sec. 263.01 Establishment. The City of Cape Canaveral
hereby establishes a Commercial Development Board in and
for the City of Cape Canaveral, Florida. For the purpose
of this ordinance, the words "commerce" or "commercial"
used herein, shall pertain to activities in the areas of
industry, commerce, business and tourism. [Ord. No. 17-75,
§ 1, 12 Aug 1975]
Sec. 263.02 Purpose. The Commercial Development Board
shall have the following purposes and duties to wit:
(a) To prepare a commercial development plan and submit
same for approval to the City Council.. This plan shall
analyze existing conditions and needs pertaining to the
City's commerce and determine optimum methods and means
of improving those conditions and satisfying those needs.
The plan shall contain as a minimum the following:
(1) A survey of existing commercial entities located
in the City.
(2) An inventory of existing vacant space (building
and land) suitable for use in commercial development.
(Coordinate with Planning and Zoning Board.)
(3) A determination of the commercial needs of the
citizens of Cape Canaveral that are presently going un-
satisfied, or being met by commercial entities outside
of the City.
(4) An analysis of these needs and the prepartion
of a plan for bringing new and needed commercial enter-
prises to the City. This plan should also seek methods
of enhancing existing commerce presently located in our
City in an effort to satisfy citizen needs.
(b) To implement the Council approved commercial develop-
ment plan as directed and funded by Council.
(c) To confer with and advise the City Council on all
matters concerning the development of commerce in the City.
(d) To act as liaison for the City in the area of public
relations with the following:
§ 2 6 3. 0 2 COMMERCIAL DEVELOPMENT BOARD § 263.04
(1) Cocoa Beach Area Chamber of Commerce
(2) Canaveral Port Authority
(3) Brevard County Economic Development Council
(4) Other similar organizations or agencies which,
in the opinion of the Commercial Development
Board would be appropriate for such liaison.
(e) Determine from existing commercial enterprises in
the City and interested outside entities contemplating lo-
cating in the City, the appropraite and necessary action
the City should take to enhance and encourage the further
development of the City's commerce and to coordinate with
and advise pertinent officials and boards in the City as
to the implementation of this action.
(f) To advise City Council and the City Manager of the
advent of any new commercial activity (i.e. new businesses,
significant change in existing businesses, etc.) in the
City's commerce in order that timely and appropriate rec-
ognition by the City can be effected.
(g) To cooperate with all community groups which are
dedicated to orderly commercial expansion of the City, and
to furnish them with aid and advice as is deemed appropriate.
(h) To generally encourage in any manner the develop-
ment of business, commerce, industry and tourism in the
City.
(i) To investigate sources of financial assistance
availalbe to the City from the governmental or private
sector and to assist the City as directed by Council in
properly applying and promoting the successful acquisition
of said assistance. For the purpose of this Ordinance,
financial assistance may be in the form of grants, low
interest loans or physical property, including that of real
or personal nature. Activity in the private sector will be
limited to established foundations. [Ord. No. 19-76, § 1,
7 Sept 1976; Ord. No. 27-75, § 1, 25 Nov 1975]
Sec. 263.03 Advisory Capacity. The powers and duties
of the Commercial Development Board are of an advisory
nature only, and the Board shall not have any powers or
duties which conflict with or superced=_the powers and
duties of other City Boards. [Ord. No. 17-75, § 3, 12 Aug
1975]
Sec. 263.04 Composition. The Commercial Development
Board shall consist of nine (9) members. Each member
shall either be a bona fide resident in the City or
§ 263.04
COMMERCIAL DEVELOPMENT BOARD § 263.08
employed in a full time capacity in the City at the time
of his or her appointment and during incumbency, or any
other person whom the City Council deems qualified to
promote the purpose as described in Section 2 of this
ordinance. At least two (2) members of said Board shall
be engaged in an active business enterprise. Membership
of the Board shall include a significant representation
from the City's commercial activities with credentials
of each member containing expertise in public relations
and/or business development skills. [Ord No. 17-75, § 4,
12 Aug 1975; Ord No. 8-76, § 1, 4 May 1976; Ord. No. 19-76,
§ 1, 7 Sep 1976]
Sec. 263.05 Term of Office. The members of the Boar.d
shall be appointed by a majority vote of the City Council
for a term of two years. Two (2) members of the first
Board shall serve for an initial term of three years with
succeeding appointments of two years each. Alternate
members shall be appointed for a two year term. [Ord.
No. 17-75, § 5, 12 Aug 1975]
Sec. 263.06 Vacancies. Vacancies occuring on the Board
shall be filled for the unexpired term by the City Council.
[Ord. No. 17-75, § 6, 12 Aug 1975]
Sec. 263.07 Removal. The Council, by majority vote,
shall have the authority to remove any member of the Board
from office whenever, in its discretion, the best interest
of the City shall be served thereby. [Ord. No. 17-75, § 7,
12 Aug 1975]
Sec. 263.08 Rules and Procedures. The Board shall
adopt a set of rules to govern meetings and procedures,
which shall be approved by Council. [Ord. No. 17-75, § 8,
12 Aug 1975]
)3F ,
§ 271.01
COUNCIL PROCEDURES
CHAPTER 271
COUNCIL PROCEDURES
INDEX TO COUNCIL RULES OF PROCEDURE
GENERAL RULES
§ 271.01 Robert's Rules to Govern
INITIATION AND NOTICE OF MEETINGS
§ 271.02 Regular Meetings
§ 271.03 Special Meetings
§ 271.04 Workshop Meetings
INITIATION AND NOTICE OF
§ 271.05 Preparation
§ 271.06 Preparation
OFFICERS AND
§ 271.07
§ 271.08
§ 271.09
§ 271.10
§ 271.11
§ 271.12
§ 271.02
MATTERS BEFORE COUNCIL
of Ordinances and Resolutions
and Notice of Agenda
OFFICIALS AT MEETINGS
Presiding Officer
Council Members Areas of Interests
City Clerk
City Manager
City Attorney
Sergeant -At -Arms
CONDUCT OF MEETINGS_
Call to Order; Quorum; Roll Ca11
Minutes
Consideration of Matters before Council
Adoption
General Discussion
Adjournment
§ 271.13
§ 271.14
§ 271.15
§ 271.16
§ 271.17
§ 271.18
§ 271.01 Robert's Rules to Govern. Except as may be
provided in the Charter or in these rules, questions of
order, the methods of organization and the conduct of
business of the Council shall be governed by Robert's
Rules of Order (75th Anniversary Edition) in all cases to
which they are applicable. [Ord. No. 5-73, §1.01, 3 Apr
1973]
§ 271.02 Regular Meetings. The City Council shall hold
regular meetings the first and third Tuesday of each month
at 7:30 o'clock in the evening. When the day fixed for any
regular meeting falls upon a day designated by law as a
legal national holiday, such meeting shall be held on the
§271.02
COUNCIL PROCEDURES
271.04
next succeeding day not a holiday. Regular meetings may
be otherwise postponed, cancelled, only by resolution
adopted at a regular meeting by a majority vote of the
Council. All regular meetings shall be held in the City
Hall of the City of Cape Canaveral, Florida, or such other
places as designated by a majority of the Council in open
session. [Ord. No. 15-76, § 1, 27 Jul 1976]
Sec. 271.03 Special Meetings. A special meeting of
the City Council may be initiated by any of the following
means:
A. By an affirmative vote of a majority of the members
of the Council present at each regular meeting.
B. By serving the City Clerk notice in writing and
signed by a majority of the members of the Council. The
Clerk shall forthwith give verbal or written notice to
each member of the Council, stating the date and hour of
the meeting and the purpose for which such meeting is
called, and no other business shall be enacted at that
meeting. The Clerk in his notice of a special meeting
initiated in this manner shall allow at least twenty-four
(24) hours to elapse between the call of the meeting and
the date and hour of the meeting.
C. By verbal notice to the City Clerk by a majority
of the members of the City Council whenever an emergency
exists which requires immediate action by Council. The
Clerk shall forthwith attempt to give notice to each mem-
ber of the Council stating the hour of the meeting and
the purpose for which such meeting is called, and no
other business shall be enacted at that meeting. If,
after reasonable diligence, it was impossible to give
notice to each councilman, such failure shall not affect
the legality of the meeting.
All special meetings shall be held in the City Hall of
the City of Cape Canaveral, Florida, or such other places
as designated by a majority of the Council in open session,
and shall be open to the public'and the press. [Ord. No.
5-73, § 1.03, 3 Apr 1973]
Sec. 271.04 Workshop Meetings. Members of the City
Council will normally meet on the Thursday prior to each
regular meeting at 7:30 o'clock in the evening, to infor-
mally discuss matters relating to City business. These
meetings shall normally be held in the City Hall of the
City of Cape Can'avera1, Florida, and shall be open to the
public and press. [Ord. No 5-73, § 1, 3 Apr 1973; Ord.
No. 15-76, § 1, 27 Jul 1976]
§ 271.05 COUNCIL PROCEDURES § 271.06
Sec. 271.05 Preparation of Ordinances and Resolutions.
(A) An act that is required to be accomplished by
ordinance shall not be accomplished by resolution. A
resolution is ordinarily of a temporary character, where-
as an ordinance prescribes a permanent rule of conduct or
government.
(B) All ordinances and resolutions must be initiated
by a member of the Council or the City Attorney.
(C) All ordinances and resolutions shall be reduced
to writing and shall be approved as to form and legality
by the City Attorney prior to consideration by the Council
at any regular meeting.
(D) All ordinances and resolutions prepared shall be
filed with the City Clerk and a permanent reference number
assigned prior to consideration by the Council at any
regular meeting. A copy shall normally be furnished to
each council member at the workshop meeting prior to the
regular meeting at which the ordinance or resolution shall
be considered. In the event that the aforementioned work-
shop meeting is not held, a copy of the proposed ordinance
or resolution shall be sent to the residences of all council
members and to the office of the City Attorney at least
forty-eight (48) hours prior to the regular meeting.
(E) All ordinances and resolutions shall enjoy public
notice in accordance with Article XXIV, Section 4 of the
City of Cape Canaveral Charter, or the Zoning Ordinance,
or the Statutes of the State of Florida, particularly
Chapter 166, as appropriate. [Ord. No. 5-73, 51.05,
3 Apr 1973; Ord. No. 44-73, § 1, 13 Nov 1973; Ord. No.
15-76, § 1, 27 Jul 1976]
Sec. 271.06 Preparation and Notice 'of Agenda.
(A) There shall be an official agenda of every meeting
of the Council, which shall determine the order of business
conducted at the meeting.
(B) All items to be placed on the agenda must be
initiated by a member of the Council, the City Attorney,
City Clerk or City Manager.
(C) All items to be placed on the agenda must be filed
with the City Clerk prior to or during the workshop meeting.
(See Sec. 271.04 above). In the event that the workshop
§ 271.06
COUNCIL PROCEDURES § 271.08
is not held, any member of the Council, the City Attorney,
City Clerk or City Manager may place an item on the agenda,
provided that said item must be filed with the City Clerk
prior to 12:00 noon on the Friday preceding the regular
meeting. This agenda will then be sent to the residences
of the members of the City Council and to the office of
the City Attorney at least forty-eight (48) hours prior
to the regular meeting.
(D) A discussion period limited to one hour shall be
included automatically on the agenda. (See Section 271.17
below) .
(E) The agenda for all meetings shall enjoy public
notice by being posted in a conspicuous place in City
Hall prior to 1:00 o'clock in the day preceding the
meeting. [Ord. No. 5-73, § 1.05, 3 Apr 1973; Ord. No.
35-74, §'1, 7 Jan 1975; Ord. No. 16-75, § 1, 10 Jun 1975;
Ord. No. 15-76, § 1, 27 Jul 1976]
Sec. 271.07 Presiding Officer. The presiding officer
of the Council isthe Mayor. The Council shall annually
elect a Mayor pro tem at the first regular meeting after
the day of the General City Election and he shall preside
over the Council in the absence of the Mayor. The Mayor
shall assume the chair as presiding officer at the next
meeting after his election. The presiding officer shall
preserve strict order and decorum at all meetings of the
Council. He shall state every .question coming before the
Council and announce the decision of the Council on all
matters coming before it. A majority vote of the members
present shall govern and conclusively determine all ques-
tions of order if a parliamentary decision by the presiding
officer is challenged. [Ord. No. 5-73, § 1.07, 3 Apr 1973]
Sec. 271.08 Council Members Areas of Interest. Each
council member shall be a source of information to the
Council in his areas of primary interest. The intent
of this rule is not to prevent any councilman from exe-
cuting his rights and prerogatives of office, but rather
to permit an orderly division of interest among the
councilmen. The areas of interest are: roads, power and
light service, telephone service, traffic and parking,
recreation, city parks, city beaches, and waterways,
Zoning and Planning Board, Board of Adjustment, Building
Official, City Planning, Police Department, City Courts
and Judges; Fire Department and Fire Inspector, law,
communications, City Clerk, City Treasurer, City Hall,
bonds,taxes and revenue, elections, Chamber of Commerce,
City Attorney, City Manager, Library, sewage, drainage,
§ 2 71. 0 8 COUNCIL PROCEDURE § 271.13
water service, Health and Sanitation Inspector, garbage
service, animal control, liquor and beverages, beautifi-
cation and erosion control. At the next regular meeting
following the day of the general city election the
Council, by majority vote, shall assign the preceding
areas of primary interest to its individual members.
[Ord. No. 5-73, § 1..08, 3 Apr 1973; Ord. No. 21-73, § 1,
3 Jul 1973]
Sec. 271.09 City Clerk. The City Clerk or the Deputy
Clerk, in his absence, shall act as clerk of the council.
The Clerk shall reproduce the minutes and all resolutions
and ordinances, and for a reasonable charge shall furnish
copies to persons desiring them. The Clerk shall give
proper notice of all agendas, meetings, ordinances and
resolutions. [Ord. No. 5-73, § 1.09, 3 Apr 19731
Sec. 271.10 City Manager. The City Manager shall be
present and prepared to advise the Councol of matters
within his responsibility at all Council meetings, unless
excused by Council. [Ord. No. 5-73, § 1.10, 3 Apr 1973]
Sec. 271.11 City Attorney. The City Attorney or the
Assistant City Attorney in his absence, shall be available
to the Council at all meetings, unless excused by Council.
He shall draw ordinances and resolutions for any member of
the Council when and as directed. He shall act as par-
liamentarian at all meetings and advise and assist the
presiding officer in matters of parliamentary law.
[Ord. No. 5-73, § 1.11, 3 Apr 1973]
Sec. 271.12 Sergeant -At -Arms. The Chief of Police,
or such other city official or employee as the Chief of
Police may designate, shall be the Sergeant -at -Arms of
the Council Meeting. The Sergeant -at -Arms shall carry
out all orders and instructions given by the presiding
officer for the purpose of maintaining order and decorum
at the meeting. [Ord. No. 5-73, § 1.12, 3 Apr 1973]
Sec. 271.13 Call to Order;Quorum; Roll Call.
(A) The presiding officer shall take the chair at the
hour appointed for the meeting and shall immediately call
the Council to order. In the absence of the Mayor and
the Mayor Pro Tem, any Council member may call the meeting
to order at the appointed hour.
(B) Before ,proceeding with -the business of the Council,
the Clerk or his designee shall call the roll of the mem-
bers in alphabetical order, and the names of those present
shall be entered in the minutes.
§ 271.13
COUNCIL PROCEDURES
§ 271.15 i%
(C) If a quorum is not present at the roll call, no
further business shall be transacted and a recess shall
be automatic for a period of thirty minutes or until a
quorum is in attendance, whichever shall first occur. If
a quorum is not in attendance at the end of the thirty -
minute recess, the meeting shall be automatically adjourned.
(D) In the absence of the Mayor and the Mayor Pro Tem
and a quorum is present, the first order of business shall
be the election of a temporary presiding officer. Upon
arrival of the Mayor or Mayor Pro Tem, the temporary pre-
siding officer shall relinquish the chair upon the con-
clusion of the business immediately before the Council.
[Ord. No. 5-73, § 1.13, 3 Apr 1973]
Sec. 271.14 Minutes. The minutes of the previous
regular meeting of the City Council may be read in their
entirety unless they are waived. The City Clerk shall
have available to each member of the Council and to the
City Attorney a copy of such minutes at least twenty-four
(24) hours preceding the next regular meeting. There shall
be copies of the minutes posted on the bulletin board and
copies available for the citizens to examine at the City
meeting. The minutes of the meeting shall be approved and/or
corrected by a majority of the members present and upon such
approval shall become the official minutes. [Ord. No. 35-74,
§ 1, 7 Jan 1975; Ord No. 3-80, § 1, 19 Feb 1980]
Sec. 271.15 Consideration of Matters Before Council.
(A) The Council shall not take action upon any matter
which is not listed upon the official agenda, unless a
majority of the Council members present have first con-
sented to the presentation thereof for consideration and
action.
(B) All items of business shall be considered in
accordance with the agenda and announced by the presiding
officer. Any motion shall then be appropriate.
(C) When a motion is presented and seconded, it is
under consideration and no motion shall be received there-
after, except to adjourn to recess, to lay on the table,
to postpone, or to amend until the question is decided.
These motions shall have preference in the order in which
they are mentioned and the first two shall be decided
without debate. Final action upon a pending motion may
be deferred until the next regular meeting by a majority
of the members present.
Yu § 271.15
COUNCIL PROCEDURES § 271.16
(D) The presiding officer may move, second and de-
bate from the chair, subject only to such limitations of
debate as are by these rules imposed upon all members and
shall not be deprived of any of the rights and privileges
of a councilman by reason of his being the presiding
officer.
(E) Every Council member desiring to speak for any
purpose shall confine himself to the question under de-
bate, avoiding all personalities and indecorous language.
A member once recognized shall not be interrupted when
speaking unless it be to call him to order or as herein
otherwise provided.
(F) Any citizen present at the meeting orally may
petition the presiding officer to address the Council.
Permission shall be granted only after a showing that
the subject matter is revelant to the business under
consideration and is significantly informative to the
Council.
(G) Each person addressing the Council shall stand,
shall give his name and address in an audible tone for
the minutes, and unless further time is granted by the
Council, shall limit his address to five minutes. No
person other than councilmen and the person having the
floor, shall be permitted to enter into any discussion
either directly or through a member of the Council, with-
out the permission of the presiding officer. No question
shall be asked a councilman except through the presiding
officer.
(H) Any person making impertinent or slanderous re-
marks or who becomes boisterous while addressing the
Council shall be barred from further audience before the
Council by the presiding officer, unless permission to
continue or again address the Council be granted by the
majority of the Council.
(I) The councilman moving the adoption of an or-
dinance or resolution shall have the privilege of closing
debate. [Ord. No. 5-73, § 1.15, 3 Apr 1973]
Sec. 271.16 Adoption. Upon cessation of discuss or
if called,the motion shall be restated by the presiding
officer and each council member in alphabetical order of
last name, shall verbally state "for" or "against" the
motion. The Clerk shall record the vote of each council
member both in the minutes and upon the resolution or
§ 271.16
COUNCIL PROCEDURES.
§ 271.18
ordinance. The presiding officer shall declare the status
of the motion after a vote has been taken. If a conflict
of interest as defined in Sections 112.313, 112.314, Florida
Statutes, exists for any board member, that member shall
not vote or in any way participate in any action regarding
the matter giving rise to the conflict of interest. [Ord.
No. 5-73, § 1.16, 3 Apr 1973; Ord. No. 21-73, § 2, 3 Jul
1973]
Sec. 271.17 General Discussion. Every regular meeting
of the Council shall include a period of a time limited
to one (1) hour for the purpose of a question and answer
session during which any person from the audience may direct
questions concerning city business or affairs to any member
of the Council or officer or officials of the City. The
limitations set forth in Section 271.15 (G) and (H)shall
apply. [Ord. No. 5-73, § 1.17, 3 Apr 1973]
Sec. 271.18 Adjournment. A motion to adjourn shall
always be in order and decided without debate. [Ord. No.
5-73, § 1.18, 3 Apr 1973; Ord. No. 35-74, § 1, 7 Jan 1974;
Ord. No. 16-75, § 2, 10 Jun 1975; Ord No. 15-76, § 3,
27 Jul 1976]
J 4)
/ § 301.01
RE DEURSF TS
CHAPTER 301
REIMBURSEMENTS
§ 301.03
Sec. 301.01 Travel Expenses. The City will reimburse
City Officials and employees for the actual and reasonable
expenses incurred at its direction, provided such expenses
are appropriate in relation to the purpose of the trip.
[Ord. No. 37-64, § 1, 15 Sep 1964; Ord. No. 25-74, § 1,
3 Sep 1974]
Sec. 301.02 Reasonable Expenses. Reasonable expenses
are defined as those expenditures which are necessary to
accomplish the purpose of the travel and consistent with
prudent controllable monetary management on the part of
the City Official or employee. [Ord. No. 25-74, § 2,
3 Sep 1974]
Sec. 301.03 Standard Policies and Procedures.
(a) Documentary Evidence. Such as receipts or paid
bills, supporting each single expenditure of $25.00 or
more, must be filed with the expense report. Documen-
tary evidence with respect to room expense and air
fare will be required regardless of amount.
(b) Tips. Incurred for food service should be included
as part of the cost of the meal.
(c) Entertainment. Expenses are not reimburseable.
Under certain conditions and with the approval of the
City Manager, they may be reimbursed. An explanation
of the nature of the expense, and the reason for re-
questing reimbursement should be included on the ex-
pense report.
(d) Transportation. A City owned vehicle should be
used when practical. Reimbursement is limited to
actual costs. Receipts must be submitted with the
expense report.
(e) Personal automobile is permitted when use of a
City vehicle is impossible or not practical. Reimburse-
ment of actual mileage at 19 cents per mile will be made.
Mileage must be indicated on expense report. [Ord. No.
13-79, § 1, 4 Sep 1979; Ord No. 3-81, § 1, 3 Mar 1981]
§ 301.03
REIMBURSEMENTS § 301.03
(f) Authorization. Authorization for travel on City
business must be obtained, in advance, from the depart-
ment head. Travel of department heads must be obtained
from the City Manager. City Manager, City Clerk, Council
Members and other officials shall obtain approval of
Council.
(g) An explanation as to the reason for travel must
be indicated on the expense report.
(h) Travel Advances. Must be requested at least
three days in advance whenever possible. The request
for advance must be approved by the appropriate depart-
ment head, or the City Manager. The advance must be
settled within two weeks after the employee returns.
(i) Travel Voucher. (Form D101) is to be used to
report all travel expenses incurred, also where a room
charge is incurred. No reimbursement shall be paid
until travel voucher is submitted and approved by the
appropriate authority.
(j) Expenditures. All expenditures will be itemized
on a daily basis as indicated on the form. "Auto
Mileage" need not be indicated if a City vehicle was
used. "Other Expenses" should be adequately explained.
(k) Local Travel. Travel where room charges are not
incurred may be handled through petty cash statements.
(1) Reimbursement for local meals must be explained
on the request for reimbursement, as to the personnel
involved and the reason for the expenditure.
(m) No reimbursement shall be made until a report of
the activities for which the trip made has been sub-
mitted to the City Manager. [Ord. No. 25-74, § 3,
3 Sep 1974]
/y
CITY.OF CAPE CANAV1 RAL
TRAVEL VOUCI-IER
ITEMIZED • STATEMENT OF TRAVELING EXPENSES
FORM D-101
DATE
DEPARTED FROM
PLACE' '
ARRIVED AT
PLACE •
• AUTO
MILEAGE •
•
EXPENSES
' _ LODGING . MEALS . MISC..ITEMS d AMOUNT
TOTAL
AMOUNT
•
•
•
•
This certifies that the travel shown
above was required by the official duties
of the traveler named, .to my personal'
knowledge, or as indicated by records sub-
. mitted to me.
APPROVED:
TITLE:
ACCOUNT NO.
I certify that the above account is just and •
correct; that the amounts charged for subsistence
were actually paid, and the expenses were occa-
• sioned by official business, and that I performed
the journey with all practicable dispatch, by the
,shortest route ,usually traveled..
Name:
-Signature oT Traveler
Title
'!'ype ar Print
§ 311.01
COUNCIL COMPENSATION
CHAPTER 311
COUNCIL COMPENSATION
§ 311.02
Sec. 311.01 Compensation for Mayor. Commencing with
July 1973, and effective for a two-year period thereafter,
the compensation for the Mayor of the City of Cape Canaveral
shall be $1,600.00 per year. [Ord. No. 14-73, § 1, 3 Apr
1973]
Sec. 311.02 Compensation for Council Members other
than Mayor. Commencing with July 1973, and effective
for a two-year period thereafter, the compensation for
the members of the City Council of the City of Cape Canav-
eral shall be $1,200.00 per year. [Ord. No. 14-73, § 2,
3 Apr 1973]
/50 § 351.01 PERSONNEL POLICY
CHAPTER 351
PERSONNEL POLICY
§ 351.02
Sec. 351.01 A Personnel Policy is created and adopted
as the personnel policy of the City of Cape Canaveral,
Florida. [Ord. No. 14-75, §l, 10 Jun 1975]
Sec. 351.02 Definitions.
Work Day - Hours of work refers to the number of hours
an employee is scheduled to work in any twenty-four hour
period.
Work Week - Work week refers to the number of hours
regularly scheduled to be worked during any seven con-
secutive days, as defined in job description. (Regular
work week - 40 hours).
Permanent Employee - A permanent employee is one who
has satisfactorily completed his period of probation and
works full time.
Temporary Employee - A temporary employee is one who
is employed for an indefinite period of time, but usually
not to exceed six months.
Part -Time Employee - A part-time employee is an employee
who serves in a position requiring no more than 75% nor
less than 25% of a normal work week.
Overtime Pay - Overtime pay means the compensation made
for the work done in excess of the normal work period, as
established and published by the City Manager.
May - The word "may" shall be interpreted as permissive.
Shall - The word "shall" shall be interpreted as man-
datory.
Will - The word "will" shall be interpreted as man-
datory.
Nepotism - Nepotism is the employment of relatives.
Immediate Family - Immediate family means spouse,
children, mother, father, sister, brother, grandmother,
grandfather, mother-in-law, father-in-law and grandchildren.
§ 351.02
PERSONNEL POLICY § 351.03
Second Degree of Affinity - Degrees of affinity refer
to the relationships existing due to marriage. The sec-
ond degree refers to the relationship of a man to his
mother-in-law or father-in-law.
Third Degree of Consanguinity - Degrees of consanguinity
refer to relationships of birth or blood. The third degree
of consanguinity refers to a relationship between a person
and his nephew, niece, uncle or aunt. [Ord. No. 14-75, § 1,
10 Jun 1975]
Sec. 351.03 Authorization, Responsibility and Adminis-
tration.
(A) Authorization - Except for those positions estab-
lished by the City Charter, Ordinances and/or Resolutions,
all positions or offices in the City of Cape Canaveral
together with rates of pay are created and authorized by
the City Manager with approval of the City Council.
(B) Responsibility - The City Manager shall be respon-
sible for, but may delegate, the work of administering
these policies and procedures including, but not limited,
to the processing of salary adjustments, the determination
of proper salary rates within the existing ordinance pro-
visions and the preparation of recommendations and initiation
o.f approved revisions of salary schedules based on changes
on cost of living and prevailing rates of pay for comparable
positions outside the City service. Any changes in the
salary schedule shall be recommended by the City Manager,
subject to approval by the City Council. The City Manager,
with the assistance of others designated by him, shall
develop a program of overall personnel administration
including but not limited to, in-service training, career
development and employee and vehicular safety programs.
(C) Administration - Department heads will be respon-
sible for effective administration of these policies and
procedures within their respective departments. However,
routine matters pertaining to enforcement of accomplishment
may be delegated. Department heads will also enforce and
maintain proper standards of discipline and personal con-
duct among their employees and are vested with discretionary
authority to practice the following suggested forms and
sequence of remedial measures incident to the operating
rules of their department.
(1) Calling the attention of any employee to any
unsatisfactory conduct or performance of duties.
/S
§ 351.03
PERSONNEL POLICY § 351.04
(2) Personal reprimand of the employee.
(3) Suspension of the employee without pay for an
appropriate cause, subject to review and approval by
the City Manager.
(4) Demotion of employee to a position in a lower
classification, subject to review and approval by the
City Manager.
(5) Dismissal of an employee subject to review and
approval by the City Manager.
The City Manager shall inform the City Council of the
hiring, dismissal or promotion of any employee. Depart-
ment heads shall be directly responsible for furnishing
activity reports to the City Manager and City Council as
directed by the City Council. [Ord. No. 14-75, § 1,
10 Jun 1975]
Sec. 351.04 Qualifications.
(A) Physical Standards - Except as herein provided,
all new employees will be required to satisfactorily
undergo a prescribed medical and physical examination to
be made by medical authority designated by the City. The
purpose of the examination will be the determination and
certification of physical fitness and ability to perform
duties of the positions to which appointment is being
considered. A physical examination may be required at
any time. Physically handicapped persons will be con-
sidered for employment in certain positions provided they
execute a suitable form acknowledging the pre-existance
of their condition and certifying that they have been
fully informed regarding the duties and working conditions
of the positions in which they are to be employed.
Medical examinations required by the City will be at the
City's expense.
(B) Age Requirements - Age limits may be indicated
in some job specifications. Where no limits are specified
the minimum and maximum ages for initial employment will
vary in accordance with the duties and responsibilities
of the position, the conditions under which they are to
be performed and according to the best judgement of the
department head. However, no person under 18 years of
age or over 65 years of age will be hired in any full
time position. Continued employment after age 65 will be
at the discretion of the City Manager and City Council.
[Ord. No. 14-75, § 1, 10 Jun 1975]
§ 351.05
PERSONNEL POLICY § 351.06
Sec. 351.05 'Restrictions.
(A) Nepotism - No person related within the second
degree of affinity or within the third degree by con-
sanguinity to the Mayor, Councilmen, or the City Manager
shall be employed in any office position, clerkship or
paid service of the City of Cape Canaveral. No person
related within the second degree of affinity or within
the third degree by consanguinity to one another shall
be permitted to work in the same department. [Ord. No.
14-75, § 1, 10 Jun 1975]
Sec. 351.06 Personnel Policies.
(A) Basis of Employment - All employment with the
City shall be based on merit, ability and physical and
moral fitness as evidenced by:
(1) Training and experience as reflected by the
application form and other documentation, certification,
registration, etc. as requested.
(2) Mental examination or performance test, if desired.
(3) Pre -employment physical examination.
(4) Character and/or credit investigation by the Ctiy
Manager.
(5) A new employee will be on probation for a period
of six (6) months, during which time he may be termi-
nated at the discretion of the City Manager and De-
partment Head.
(B) Type of Position.
(1) Permanent - These are positions with a required
work week equaling or exceeding the full time estab-
lished work week. These are positions which offer
career possibilities and the ultimate likelihood of
retirement.
(2) Temporary - These are positions (with a part-
time, full-time or an hourly basis) anticipated to be
of comparatively short time or definitely limited in
duration.
(C) Residence - All other qualifications being equal,
applicants living inside the corporate limits of the City
§ 351.06
PERSONNEL POLICY
§ 351.06
of Cape Canaveral may be given preference when appoint-
ments to positions are being made.
(D) Outside Employment - The City discourages per-
manent employees engaging in outside work for pay.
Employees shall be required to submit request for per-
mission to hold outside employment to their Department
Head and City Manager for approval. Conflict of interest
positions will not be permitted.
(E) Standards of Conduct.
(1) Employees of the City shall be expected to keep
in mind that they are public servants and to conduct
themselves accordingly. Every employee should have
a deep commitment to serve the City and make every
effort to be loyal to the City and its programs.
(2) Good citizenship is essential for a good public
employee. Each employee should make an effort to
practice good citizenship, thereby setting an example
for the entire community.
(3) All employees shall render courteous treatment
to the public. The attitude and deportment of a City
employee should at all times be such as to promote the
good will and favorable attitude of the public toward
the City Administration and its programs.
(F) Promotions. Insofar as may be consistent with
theinterest of the City, vacancies in job classifications
may be filled by promotion of qualified employees in lower
classifications.
(G) Authority for Absence. No employee shall be absent
from his regular scheduled duties except by authority of
his Department Head or responsible supervisor. Employees
absent due to reasons beyond their control will be respon-
sible for explaining their absence to the Department Head
or other responsible authority as soon as possible after
the beginning of their assigned shift or regular schedule
of duties. Except in cases of leaves incident to vacation
or illness all absences for periods in excess of one week
must be approved by the City Manager.
(H) Disciplinary Suspensions - Under justifiable cir-
cumstances, the City Manager or a Department Head, subject
to review and approval by the City Manager, may suspend an
employee without pay for a period not in excess of 60 days.
§ 351.06
PERSONNEL POLICY
351.06 /5'
The City of Cape Canaveral has no desire to enforce un-
reasonable or harsh disciplinary measures, but recognizes
the necessity of discipline in any well managed organization.
Employees should be made aware of the seriousness of violat-
ing regulations, or taking actions that will necessitate
disciplinary action which may range from a written reprimand
up to 60 days suspension without pay, or even discharge.
Employees should understand that disciplinary actions be-
come a permanent written record in their personnel file,
and may be considered during times when an increase in pay
or advancement is to be determined. In the event disciplinary
action is taken against an employee, any offense of a similar.
nature occuring within 3 years will constitute grounds for
dismissal. An employee charged with a violation of law may
be suspended without pay until the charge is dismissed, or
until a decision settling the case is rendered. A verdict
of not guilty or dismissalof charges will make the sus-
pended employee eligible for reinstatement upon such terms
and conditions as may be specified and approved by the City
Manager. Disciplinary action taken in accordance with this
Section shall be final unless an appeal by the employee is
taken in accordance with Chapter 361.
(I) Specific Grounds for Dismissal. Any of the following
acts of conduct on the part of an employee will constitute
grounds for prompt. dismissal by the Department Head and City
Manager:
(1) Conviction of a felony charge.
(2) Repeated convictions of misdemeanor charges, City
ordinances, or civil infractions.
(3) Use of intoxicants while on duty, or reporting
for scheduled duty under the influence of alcohol.
(4) Flagrant or persistent insubordination.
(5) The unauthorized use or possession -of narcotics*
or other dangerous drugs .(narcotics* shall be defined
as set forth in Chapter 893 of the Florida Statutes,
most current edition).
(6) Inciting or engagirgin strikes or riots.
(7) Misappropriation or unauthorized use of City equip-
ment, tools,; machines, funds, etc.
(8) Incompetence or repeated neglect of duty.
(9) Repeated failure or neglect to meet credit obli-
gations.
§ 351.06
PERSONNEL POLICY § 351.06
(10) Unauthorized absence from duty without satisfactory
explanation.
(11) Falsifying employment application or any City
Records.
(12) Repeated violations of standards of employee con-
duct as described in Section 351.06, (E).
(J) Re -Employment of Dismissed Persons. Persons who
have been dismissed from the municipal service will not be
considered for re-employment except under extenuating cir-
cumstances.
(K) Termination of Employment.
(1) In order to resign in good standing, employees in
permanent positions should give at least two weeks notice
of their intentions. In event of failing to observe this
requirement, the department head will have the discre-
tionary authority to terminate employment the date the
employee's intent to resign is received. All terminated
employees will be required to surrender and return to
their department or other proper source all records and
property of the City of Cape Canaveral which may be in
their possession or custody.
(2) Requests for immediate payment of accrued wages
and other benefits will be honored in cases where
employees are being dismissed on short notice. Other-
wise department heads should not submit supplemental
payrolls unless approval for doing so has been obtained
from the City Manager and City Treasurer.
(L) Complaints and Grievances. It shall be the general
policy of the City to anticipate and avoid occurrences of
valid complaint or grievances, and to deal promptly with
any which may arise. Except where there is an acceptable
reason for not doing so, all matters of this nature will
be handled and transmitted through supervisors in the
following order:
(1) Immediate supervisor.
(2) Department head.
(3) City Manager.
Each of the above officers will discuss all relevant cir-
cumstances with the person or persons immediately concerned
§ 351.06 PERSONNEL POLICY § 351.06 % 5
notify the City Manager and endeavor to adjust the matter
to the extent of'his authority on a basis satisfactory to
all parties concerned, and subject to review and approval
by the City Manager. If, within five (5) days, any of the
above officers is unable to effect a satisfactory adjust-
ment of a particular problem or question, he will in turn
submit the problem to the next authority indicated, to-
gether with a written report setting forth each information
and recommendation that he may consider pertinent. If and
when such matters are referred to the City Manager, he will
make such further investigation as he may consider neces-
sary, following which he shall render a personal decision
no later than ten (10) days after the problem has been re-
ferred to him, or he shall review his decision with the
City Council at the next regular City Council meeting
after the matter has been referred to the City Manager.
Either the action of the City Council or the City Manager
shall be final and binding upon all parties concerned,
unless a further appeal by the employee is taken in
accordance with Chapter 361. (Ord. No. 9-79, § 1, 19
Jun 1979]
(M) Impartial Action. No department head or other
official or employee whose duties involve the approval or
making of recommendations relative to the qualifications
of candidates for employment or promotion, or in connection
with disciplinary action against employees, shall permit
their recommendations or decisions to be unduly influenced
by hearsay information, or by the personal prejudice of
either themselves or other persons.
(N) Request for Personnel. When departments submit
requests to the City Manager or his authorized represent-
ative for persons to fill vacancies such requests shall
include the title of the position and appropriate job
description.
To enable the City Manager to satisfactorily find the per-
sonnel being sought by the department, requests for per-
sonnel should be made reasonably far in advance of actual
need when circumstances permit.
(0) Employee Evaluations. The department head shall
conduct an evaluation of all employees in his department.
This evaluation shall be conducted twice each year, be-
tween June 1 and June 15, and between December 1 and
December 15, on the City Evaluation Form. Upon completion,
the department head shall furnish a copy of the evaluation
report form to the employee and to the City Manager. The
§ 351.06
PERSONNEL POLICY § 351.07
original report form shall be forwarded to the City Clerk
for inclusion in the employee's personnel record. [Ord.
No. 14-75, § 1, 10 Jun 1975; Ord. No. 9-79, § 1, 19 Jun 79]
Sec. 351.07 Compensation.
(A) Salary and Advancement.
(1) Entrance Salary Rates - Upon initial appointment
to any position the salary shall be at the entrance
or first step rate, except as otherwise provided here-
in, and advancement from the entrance rate to the
maximum rate within a salary range shall be by suc-
cessive steps. The City Manager may approve in initial
compensation at higher steps in the appropriate salary
schedule when experience, skill, training, or temporary
conditions of the labor market justify the action.
(2) Salary Rates After Separation - When an employee
returns to duty in the same class or position after
separation from service with the City of not more than
ninety (90) days, he may, at the discretion of the
department head, receive the rate in the salary schedule
corresponding to the step rate received at the time of
his separation and may be paid such a rate for a least
the length of time normally required for advancement
to the next higher step. Any employee separated from
employment with the City for more than ninety (90) days
will be subject to the terms in Section 351.07 (A) (1).
(3) Rate of Pay on Promotion.- In any case where an
employee is promoted to a position or a class with a
higher salary schedule, the entrance rate shall be at
the lowest step in the higher salary schedule that will
provide an increase over the salary received immediately
prior to such promotion. Subsequent advancement to
higher steps in the new grade shall be on the same
basis as described in Section 351.07 (A) (4).
(4) Merit Advancement Within a Salary Schedule - Pro-
gression from a step within a salary schedule to the
next succeeding step shall be based on merit. The
determination of merit being ascertained by the depart-
ment head from periodic evaluation of the employee's
performance and submitted to the City Manager for
approval or disapproval. Only in rare cases shall a
merit increase be given prior to the elapsed time as
provided by Section 351.07, (A) (5).
§ 351.07
PERSONNEL POLICY § 351.07
(5) Intervals in Salary Schedule - The minimum periods
of service required prior to advancement to the next
higher step within salary grades are based on the fol-
lowing:
(a) The minimum period of service required for the
first salary advancement after appointment to a
position shall be six (6) months. This period of
service shall be known as the probationary term of
employment.
(b) The minimum period of service required for
advancement into the next higher salary step within
grade shall be after -an employment period of twelve
(12) months and annually thereafter until the employee
reaches the top of his salary schedule. The City
Manager may approve advancement into the next higher
salary step, prior to completion of the annual period,
at the City Manager's discretion.
(B) Wages, Hours, Etc.
(1) Wages, salaries and working schedules for various
positions shall be in accordance with the provisions
of the official pay plan, including amendments, and
within the limitations of the financial provisions of
each department as approved by the City Council for
each fiscal year.
(2) Overtime work will be performed only on author-
ization of the department head, with the approval of
the City•Manager, to the extent necessary to meet
essential operating requirements. Compensation for
authorized overtime work will be provided in the budget
or as otherwise approved by the department head and City
Manager.
(3) When employees in positions for which extra over-
time pay is authorized are required to work in excess
of the normal work period as defined in the Fair Labor
Standards Act, such overtime work will be indicated on
the payrolls under the date on which it was performed
and will be compensated as provided in said Act.
(4) Department heads and other administrative, super-
visory, and professional personnel are expected to work
the number of hours necessary to properly perform the
duties assigned. The salaries for such groups are
determined and established in accordance with this
assumption.
§ 351.07
PERSONNEL POLICY § 351.08
(5) Part-time employees shall be paid on an hourly
rate as shown in the salary schedule for the position.
(C) Call Back Pay. When the City requires an employee
to work for duty not on their regularly assigned shift,
the City shall compensate the employee at a rate of time
and one-half of the regular pay, but not less than two (2)
hours.
'(D) Holiday Work Pay. When an employee is scheduled
to work on a holiday, the City shall pay the employee
straight time in addition to his regular pay.
(E) Jury Duty Pay. Employees called for jury duty
during their normal work hours shall be paid eight (8)
hours pay at regular time, less the sum received as juror's
pay. The employee shall furnish to the City evidence show-
ing the performance of and compensation for jury duty. The
mileage payment shall not be included when calculating jury
duty compensationfor the purpose of jury duty pay. In
the event the employee is excused or otherwise released
from jury duty prior to the completion of his normal City
work schedule, the employee shall return to his assigned
duties. [Ord. No. 14-75, § 1, 10 Jun 1975]
Sec. 351.08 Employee Benefits.
(A) Group Hospitalization and Life Insurance. Each
employee of the City will be provided with group hospital-
ization insurance coverage at no cost to the employee, or
at such cost to the employee as may be determined by City
Council. Life insurance coverage on employees only and
group hospitalization insurance on employee's dependents
are available at the expense of the employee.
(B) Vacations.
(1) Employees shall accrue paid vacations at the rate
of 10 days or more yearly (annual leave) according to
the following schedule:
Vacation
Length of Service Accrual Rate Eligibility
Less than 6 months 10/12 day per None
month
Beginning of 7th 10/12 day per Amount of
month to end of month accrual in
first year account
§ 351.08
Length of Service
Beginning of 2nd
year to end of
5th year
Beginning of 6th
year to end of
14th year
Beginning with
15th year
PERSONNEL POLICY
§ 351.08
Vacation
Accrual Rate Eligibility
10/12 day per
month
1 1/4 days per
month
1 2/3 days per
month
10 work days
15 work days
20 work days
(2) Dates of vacation periods for the required number
of vacations will be selected by the department heads
and shall consider the man -power need to achieve its
mission. Priority shall be given on the basis of.
seniority. The department head will make every effort
to meet the desires of the employees and will give pri-
ority in scheduling vacation requests based upon date
of employment with the City.
(3) Upon termination of employment, the employee shall
be entitled to compensation for any earned but unused
vacation in his vacation account at the time of his termi-
nation except voluntary resignation without proper notice.
Proper notice shall mean at least two weeks notice in
writing of the employee's intent to resign. This Section
does not apply to employees having less than six months
service.
(4) Vacation will not be used by employee in less than
eight hour increments.
(5) Vacation shall be taken by the employee in each
calendar year and shall not be accrued beyond six months
of the next calendar year.
(C) Holidays.
(1) The following shall be recognized City Holidays:
New Year's Day
Washington's Birthday
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Friday after Thanksgiving
Christmas Day
§ 351.08
PERSONNEL POLICY
§ 351.08
(2) Any additional day proclaimed as a holiday by the
City.
(D) Leave.
(1) Sick Leave - The City shall grant seven (.7) days
of sick leave for each year of continuous service. Such
leave may be used after a six month period.
(2) The unused part of the annual sick leave shall be
accumulated up to 400 hours in a Sick Leave Bank to be
used after current sick leave is exhausted. Upon ter-
mination, except for voluntary resignation without
proper notice, employee shall be paid for 500 of unused
accumulated sick leave.
(3) Bereavement. Leave - Bereavement leave shall be
granted with pay for not to exceed three (3) days for
attendance at a funeral in the immediate family. The
City will require the employee to submit information
on a form provided by the City as to the death before
reimbursement is made.
(4) Emergency Leave - For critical illnesses in the
immediate family, employees will be entitled to three
days off per year chargeable as sick leave from the
employee's accrued sick leave. Critical illnesses
shall be those in which the continuation of life of
the patient is in question. If sufficient time is not
available in the accrued sick leave, the leave may be
charged to the current vacation leave, if available.
Proof of the nature of the critical illness may be
required by the City.
(5). When employees are absent from work for three or
more consecutive work days, then they shall provide a
medical excuse to the City. If an employee is absent
due to illness the day preceding or the day after a
holiday, then the City may request a medical excuse
by a licensed physician. If medical excuses are not
furnished, the City may elect to charge the employee
with leave without pay.
(6) When an ;employee is excused from work due to ill-
ness by the department head, then the employee shall
be charged for each hour from his accumulated sick
leave.
(7) An employee who is a member of the National Guard
or the Military Reserve Forces of the United States
3 51. 0 8 PERSONNEL POLICY § 351.09 %&
and who is ordered by the appropriate authorities
in compliance with Federal Law to attend the pre-
scribed training program or to perform other duties,
shall be granted a leave of absence without pay.
(8) The City Manager may grant conference leave with
pay, in order that employees may attend conferences,
schools or similar events designed to improve their
knowledge and efficiency, if considered to be in the
best interest of the City. The City Manager, City
Clerk and City Treasurer and Department Heads may be
granted such conference leave with pay, upon approval
from the City Council.
(9) Special Leave - The City Manager may authorize
special leave without pay to any employee. Such
leave, if granted, shall not exceed six months.
Leaves of absence without pay for any period of time
greater than six months must be approved by the City
Council. [Ord. No. 14-75, § 1, 10 Jun 1975]
Sec. 351.09 Personnel Records.
(A) Accounting Responsibilities.
(1) Each department head will be responsible for
maintaining records regarding time worked by their
employees and all absences of their employees. Such
record shall constitute the basis for preparation of
departmental payrolls and shall be forwarded to the
City Clerk's office by the end of each payroll period.
Department heads must necessarily keep a close check
on attendance records for payrolls, in order to in-
sure that payroll expenditures stay within budgetary
limits.
(2) The Department Head should require all supervisors
to notify all employees of the importance of keeping
their personnel record current. The department sec-
retary should send a change of status form to the
personnel file listing any change of employee status
as follows:
(a) Change of address (even if temporary).
(b) Change of telephone number or nearest telephone
number.
(c) Change of life insurance beneficiary.
Li
§ 351.09
PERSONNEL POLICY § 351.10
(d) Number of dependents.
(e) Change in marital status.
(f) Or of any change, not previously reported, of
status that was originally given at time of employ-
ment.
Reporting changes of status is a responsibility of the
employee, and failure to keep personnel records up to
date may result in incorrect federal income tax with-
held, incorrect life insurance beneficiary, and loss
of other employee benefits.
The City requires current telephone numbers and ad-
dresses in cases of required work call outs, and
national or weather emergency call outs.
(3) The City Manager is responsible for compliance by
all department heads with the requirements and policies
established by the official salary plan and job clas-
sification plan, as well as departmental conformity
with the established policies and rules governing
vacation, sick leave, leave of absence, etc. The City
Clerk will maintain permanent personnel records for .
each employee, and notify the City Manager accordingly.
(B) Individual Personnel File. An individual per-
sonnel file shall be established for each employee of the
City upon appointment and shall be maintained throughout
the period of employment with the City. Each employee's
individual personnel file shall include, but not be limited
to, an application for employment, a resume if applicable,
periodic evaluation reports, a record of disciplinary
action, if any, a record of initial salary and subsequent
changes and a perpetual record of accrued vacation leave
and sick leave. [Ord. No. 14-75, § 1, 10 Jun 1975]
Sec. 351.10 Use of City Property.
(A) General Policy. The City attempts to provide each
employee with adequate tools, equipment, and vehicles for
the job being performed, and expects each employee to ob-
serve safe work practicies and safe and courteous operation
of vehicles and equipment in compliance with all municipal,
county and state vehicular regulations.
(B) Valid Driver's License. All persons operating City
vehicles and equipment are required to have a valid State
§ 351.10
PERSONNEL POLICY 5 351.10
1
of Florida Operator's or Chauffeur's license and to keep
supervisors informed of any change of status in their
license. Suspension or revocation of the driver's license
of an employee who is assigned as a vehicle or equipment
operator, may result in a demotion or discharge. Employees
assigned City vehicles may, if liability is established,
be responsible for all damages to City vehicles involving
$100.00 or less.
(C) Use of Tools, Equipment, Property and Vehicles.
Employees who are assigned tools or equipment or vehicles
by their department are responsible for them and their
proper use and maintenance. No personal use nor any
unauthorized use of any City property, materials, supplies,
tools, equipment or vehicles is permitted. Violations may
result in discharge and possible prosecution. [Ord. No.
14-75, § 1, 10 Jun 1975]
/ b 1. § 353. 01 EMPLOYEE INSURANCE
CHAPTER 353
EMPLOYEE INSURANCE
§ 353.05
Sec. 353.01 Old Age and Survivors Insurance Effected.
It is hereby declared to be the policy and purpose of the
City of Cape Canaveral, Florida, to extend effective as of
July 9, 1963, to the employees and officials thereof, not
excluded by law, nor excepted herein, the benefits of the
system of Old Age and Survivors Insurance as authorized
by the Federal Social Security Act and amendments thereto,
and by Chapter 650, Florida Statutes, as amended; and to
cover by such plan all services which constitue employment
as defined in Section 650.02, Florida Statutes, performed
in the employ of said City by employees and officials there-
of. [Ord. No. 17-63, § 1, 9 Jul 1963]
Sec. 353.02 Certain Exclusions Authorized. There is
hereby excluded from this Chapter any authority to include
in any agreement entered into under Section 353.03 hereof
any service, position, employee, or official now covered
by or eligible to be covered by an existing retirement
system. [Ord. No. 17-63, § 2, 9 Jul 1963]
Sec. 353.03 Mayor Authorized to Execute Agreements.
The Mayor is hereby authorized and directed to execute all
necessary agreements and amendments thereto with the Florida
Industrial Commission, as State Agency, for the purpose of
extending the benefits provided by said system of Old Age
and Survivors Insurance to the employees and officials of
this City as provided in Sections 353.01 and 353.02 here-
of, which agreement shall provide for such methods of
administration of the plan by said City as are found by
the State Agency to be necessary and proper, and shall be
effective with respect to services in employment covered
by such agreement performed on and after the 9th day of July
A. D. 1963. [Ord. No. 17-63, § 3, 9 Jul 1963]
Sec. 353.04 Amounts; Time. Withholdings from salaries,
wages, or other compensation of employees and officials
for the purpose provided in Section 353.01 shall be made
in the amounts and at such times as may be required by
applicable State or Federal laws or regulations, and
shall be paid over to the State Agency designated by said
laws or regulations to receive such amounts. [Ord. No.
17-63, § 4, 9 Jul 1963]
Sec. 353.05 Source of City Contribution. There shall
be appropriated from available funds, derived from the
§ 3 5 3. 0 5 EP4PLOYEE INSURANCE
§ 353.08
General Fund such amounts, at such times as may be required
to pay promptly the contributions and assessments required
of the City as employer by applicable State or Federal laws
or regulations, which shall be paid over to the lawfully
designated State Agency at the times and in the manner pro-
vided by law and regulation. [Ord. No. 17-63, § 5, 9 Jul
1963]
Sec. 353.06 Records; Reports. The City shall keep such
records and make such reports as may be required by applicable
State or Federal laws or regulations, and shall adhere to
the regulations of the State Agency. [Ord No. 17-63, 9 Jul 1963]
Sec. 353.07 Social Security Provisions Adopted. The
City does hereby adopt the terms, conditions, requirements,
reservations, benefits, privileges, and other conditions
thereunto appertaining, of Title II of the Social Security
Act as amended; for and on behalf of all officers and em-
ployees of its departments and agencies to be covered under
the agreement. [Ord. No. 17-63, § 7, 9 Jul 1963]
Sec. 353.08 City Treasurer Designated Custodian and
Agent. The City Treasurer of the City is hereby designated
the custodian of all sums withheld from the compensation
of officers and employees and of the appropriated funds
for the contribution of the City, and the City Treasurer
of said City is hereby made the withholding and reporting
agent and charged with the duty of maintaining personnel
records for the purposes of this Chapter. [Ord. No. 17-63,
§ 8, 9 Jul 1963]
/L
§ 361.01
ADMINISTRATIVE REVIEW
CHAPTER 361
ADMINISTRATIVE REVIEW
§ 361.03
Sec. 361.01 Administrative Review Judge Established;
Jurisdiction; Authority. There is hereby established an
Administrative Review Judge which upon proper application
shall hear complaints and grievances and review supervisory
decisions adverse to any permanent employees of the City
of Cape Canaveral.
His jurisdiction shall be limited to (a) complaints or
grievances concerning a discriminatory action by supervisory
personnel, (b) review of disciplinary action by supervisory
personnel, (c) review of dismissal action by supervisory
personnel or in the case of the City Clerk, City Treasurer
or City Manager by the City Council.
He shall have the authority to compel attendance of
witnesses, to make findings of fact, and to direct appro-
priate relief. [Ord. No. 24-73, § 1, 17 Jul 1973]
Sec. 361.02 Qualifications; Appointment; Compensation.
(a) The Administrative Review Judge shall be an attorney
and shall not have any direct or indirect association with
any official or employee of the City of Cape Canaveral.
(b) He shall be chosen by the complainant from a
selected pool of five chosen by the City Council, each of
whom shall meet the qualifications of sub -section (a) above.
(c) He shall receive hourly compensation for his ser-
vices. [Ord. No. 24-73, § 2, 17 Jul 1973]
Sec. 361.03 Procedure; Hearings: Records; Supervisory
Counsel.
(a) The Administrative Review Judge shall prepare rules
of procedure necessary to the conduct of his business. These
rules shall include the following:
(1) The right of the complainant to compel in advance
of the hearing sufficiently detailed information con-
cerning the reasons for the adverse supervisory action
so as to allow the complainant to prepare his case.
(2) The right of any parties to be represented by
counsel.
§ 361.03
ADMINISTRATIVE RENEW § 361.03
(3) The right of any party to have the judge compel
witnesses on either party's behalf.
(4) The right to have a speedy hearing, findings, and
relief. Said hearing shall be held no later than 15
days after the request for said hearing.
(b) The judge shall hold hearings at City Hall upon
the filing of proper application with the City Clerk, in-
voking his jurisdiction. He shall, however, have the power
to dismiss without hearing any clearly frivolous and un-
meritorious causes.
(c) At the discretion of the City Council, counsel
will be afforded supervisory personnel who are defendants
in such action.
(d) There shall be written minutes of all hearings
which shall be retained in the custody of the City Clerk.
[Ord. No. 24-73, §§ 1, 2, 3, 17 Jul 1973]
(e) A final determination of the Administrative Review
Judge shall be made no later than ten (10) days following
any hearings provided herein. [Ord. No. 9-79, § 2, 19
Jun 1979]
/(
7•,
§ 411.01
GAS SERVICE
CHAPTER 411
GAS SERVICE
§ 411.03
Sec. 411.01 Gas Service Franchise Definitions. For
the purpose of this franchise, the following terms,
phrases, words, and their derivations shall have the
meaning given herein. When not inconsistent with the con-
text, words used in the present tense include the future,
words in the plural number include the singular number and
words in the singular number include the plural number.
The word "shall" is always mandatory and not merely di-
rectory.
City is the City of Cape Canaveral, Florida.
Company is the grantee of rights under this Franchise.
Council is the City Council of the City of Cape Canaveral.
Person is any person, firm, partnership, association,
corporation, company or organization of any kind.
Public Utilities Commission shall include any lawful
regulatory body having jurisdiction over the subject matter
of this Franchise. [Ord. No. 5-66, § 1, 19 Jan 1966]
Sec. 411.02 Franchise, Grant of. There is hereby granted
to City Gas Company of Florida, a Florida corporation (here-
in called "Company"), its successors and assigns, the non-
exclusive right, privilege or franchise, to construct,
distribute, maintain and operate in, under, upon, over and
across the present and future streets, avenues, alleys,
bridges, easements, and other public places and ways of
or within the present and future corporate limits of the
City of Cape Canaveral, Florida, (herein called the "City")
and its successors, in accordance with the established
practice with respect to such construction and maintenance
for a period of thirty (30) years from the date hereof,
facilities for the sale and distribution of natural gas,
including conduits, mains, pipes, laterals and fixtures
for the purpose of supplying natural gas to the City and
its successors and the inhabitants thereof and persons
and corporations beyond the limits thereof. [Ord. No. 5-66,
§ 2, 18 Jan 1966]
Sec. 411.03 Florida Railroad and Public Utilities Com-
mission, Authority of, and Rates for First Three Years.
All authority and rights of the Company, its successors
§ 411. 0 3 GAS SERVICE
§ 411.03
and assigns, in this franchise contained shall at all times
be subject to all lawful power, authority and jurisdiction
now or hereafter possessed by the Florida Railroad and
Public Utilities Commission, or any other regulatory
commission or tribunal having lawful jurisdiction there -
over, to fix, regulate and control, just, reasonable, and
compensatory natural gas rates, except as excepted here-
after.
The following rates shall apply for the first three years
of the franchise, subject to the rights of the Company to
reduce their rates. These rates shall be in effect for
three years beginning with the date that natural gas is
first served.
RESIDENTIAL SERVICE
Monthly rate: Minimum monthly bill
First
Next
Next
Next
Next
All
3 therms at
7 therms at
20 therms at
30 therms at
40 therms at
100 therms at
of $1.50 per meter.
COMMERCIAL AND INDUSTRIAL FIRM SERVICE
Monthly rate:
First
Next
Next
Next
Next
All over
Minimum monthly bill
5 therms at
12 therms at
33 therms at
50 therms at
1000 therms at
2000 therms at
INTERRUPTIBLE INDUSTRIAL SERVICE
First
Next
Next
Next
All Over
8000 therms
12000 therms
20000 therms
60000 therms
100000 therms
at
at
at
at
at
50.00 per therm
20.00 per therm
18.00 per therm
16.00 per therm
14.00 per therm
12.00 per therm
of $3.00 per meter.
40.00 per
35.00 per
22.00 per
14.00 per
13.00 per
8.00 per
8.00 per
6.00 per
5.50 per
5.00 per
4.00 per
therm
therm
therm
therm
therm
therm
therm
therm
therm
therm
therm
Minimum monthly bill: The amount payable in accordance
with the rate schedule above for the number of therms
equal to the minimum daily contract quantity, multiplied
by the number of days in the monthly billing period.
/;
7� § 411.03 GAS SERVICE § 411.03
INTERRUPTIBLE SURPLUS GAS SERVICE
First
All over
15000 therms at
15000 therms at
4.20 per therm
3.60 per therm
Minimum monthly bill: The amount payable in accordance
with the rate schedule above for the number of therms
equal to the minimum daily contract quantity multiplied
by the number of days in the monthly billing period. The
minimum daily contract quantity shall not be less than
150 therms.
AIR CONDITIONING SERVICE
Minimum monthly bill: $10.00
All therms used at 8.00 per therm
WATER HEATING (LARGE) SERVICE
Minimum monthly bill: $10.00
First 50 therms at 20.00 per therm
Next 50 therms at 15.00 per therm
All over 100 therms at 8.00 per therm
MUNICIPAL RATES
Rates for schools and governmental authority shall be the
interruptible industrial service as quoted above.
COST OF NATURAL GAS ADJUSTMENT
The above rate for natural gas supplied in any billing
period shall be increased or decreased, to the nearest
0.010 per therm, by an amount directly proportionate to
the average cost of firm gas to the Company, above or
below 5.50 per therm, in the calendar month immediately
Preceding the commencement of such billing period.
OTHER ADJUSTMENTS
All bills under the above rate for gas supplied in any
billing period shall be increased by their proportionate
share of additional taxes, fees or assessments, with such
adjustment to the rate becoming effective on or after
thirty (30) days following the effective date of the
aforementioned additional taxes, fees or assessments.
(Ord. No. 5-66, § 3, 18 Jan 1966]
§ 411.04
GAS SERVICE
§ 411.05
Sec. 411.04 Consideration. The above grant is made
in consideration of the Company's constructing, maintain-
ing, and continuously operating the above facilities for
the distribution and sale of natural gas to residents of
Cape Canaveral, Florida, as well as for the benefits and
convenience to said inhabitants as a result thereof.
[Ord. No. 5-66, § 4, 16 Jan 1966]
Sec. 411.05 Plans and Specifications - Filing with City.
(A) The Company shall file with the City Manager, for
his approval, plans and specifications for the location or
relocation of all facilities. The facilities shall be so
located or relocated and so erected or installed as not
to obstruct or interfere with any water pipes, sewers,
storm drains, or other utilities or structures already
installed or hereafter to be installed; and interfere as
little as possible with traffic over said streets, avenues,
alleys, bridges and public places and with reasonable egress
from and ingress to abutting property, subject at all times
to the lawful police power of the City, and the Company
shall not unnecessarily or unreasonably obstruct the use
of or damage any sidewalk, driveway, curb, street, alley,
avenue, bridge, easement or other public place or way of
the City which shall have been opened by the Company for
the purpose of laying, placing or repairing its gas mains
or service, and shall upon completion of such construction
or repair, be restored by the Company in as good condition
as they were before the excavation was made as is reasonably
possible and maintain the restoration in an approved con-
dition for a period of one (1) year. Such work shall be
approved by the City Engineer. Any unreasonable obstruction
of any street, alley, avenue, bridge, easement or other
public place or way of the City not removed by the Company
after a proper notice of ten (10) days by the City demanding
removal thereof, and any such public way or place of the
City not repaired by the Company after its excavation there-
of, after proper notice of ten (10) days by the City de-
manding repair thereof, may be removed or repaired, as the
case may be, by the City and the reasonable cost thereof
plus ten percent (10%) of such cost for administration and
engineering expenses, shall be charged against said Company
and if so charged, shall be paid by the Company and shall
be collectible by the City in any lawful manner, and all
costs and reasonable attorney's fees incurred by the City
in such enforcement shall be paid by the Company.
(B) In the event that at any time during the period of
this franchise, the City shall elect to alter or change any
_�7
?y § 411.05 GAS SERVICE § 411.09
street, alley, easement of other public way requiring the
relocation of the facilities of the Company, then in such
event, the Company upon reasonable notice by the City, shall
remove, relay and relocate its mains or servicepipes, man-
holes and other gas fixtures at its own expense to the
satisfaction of the City. [Ord. No. 5-66, §5, 16 Jan 1966]
Sec. 411.06 Pipelines - Manner of Laying. All main
pipelines shall be laid at least two feet and all lateral
pipelines not less than eighteen inches below the estab-
lished grade of said streets, avenues, alleys, easements,
and other public places and ways as such grades now exist
or may hereafter be established, unless otherwise specifically
authorized by proper authority of the City. Under no cir-
cumstances will the Company cut paved streets or roads in
order to lay pipelines without special written approval
from the City. [Ord. No. 5-66, § 6, 18 Jan 1966]
Sec. 411.07 Manner of Construction. All construction
made under the provisions of this franchise shall be of
first class material, and all piping in the system shall
be protected externally from corrosion by approved methods
and materials, double wrapped bituminous, and all gas mains,
service pipes, and generating plants, and/or storage tanks,
shall have adequate capacity to supply the full requirements
of gas, for service to the City and its inhabitants, of the
proper pressure and quality required by this franchise.
[Ord. No. 5-66, § 7, 18 Jan 1966]
Sec. 411.08 Right of City to Purchase. The City re-
serves the right at and after the expiration of this grant
to purchase the property of the Company used under this
grant, as provided by the laws of Florida, in force and
effect at the time of the effective date of this franchise,
including § 167.22, Florida Statutes, and as a condition
precedent to the taking effect of this franchise, the
Company does hereby grant and give to the City the right
to purchase so reserved herein. The Company shall be
deemed to have given and granted such right of purchase
by the Company's written acceptance of this franchise
which shall be filed in the office of the City Clerk as
hereinafter provided. [Ord. No. 5-66, § 8, 18 Jan 1966]
Sec. 411.09 Extensions of Mains. The Company shall
promptly make such reasonable extensions of mains and
service pipes as may be ordered by the City Council. Such
extensions shall,be made at the cost and expense of the
Company provided there is an average of one additional
consumer to each 200 feet of mains included in such exten-
sion. Where there is less than one consumer to each 200
411.09
GAS SERVICE
§ 411.12
feet of proposed'extended mains, the Company will not
be required to make such extension until the applicant
for service along such extension shall have deposited
with the Company a sum of money sufficient to cover the
cost of any length of the extension in excess of the
length in feet of 200 times the number of additional
consumers served thereby the sum to be deposited by the
applicant for such extension to be subject to the approval
of the City Engineer of the City as to cost. In such
cases, the Company shall refund to the applicant the cost
of 200 feet of main as each additional consumer is served
until the entire amount deposited shall have been refunded.
The gas mains and equipment, and all appurtenances included
in such extension shall be and remain the property of the
Company. [Ord. No. 5-66, § 9, 18 Jan 1966]
Sec. 411.10 Commencement of Construction. The Company
shall commence construction of its facilities within nine-
ty (90) days from January 18, 1966, by laying main trans-
mission loop system, as approved by the City Council, and
shall be ready to supply natural gas to the inhabitants
of the City within a reasonable time after the transmission
company has made it available at the City rate. The afore-
said transmission company will be one that holds a certif-
icate of public convenience and necessity from the Federal
Power Commission to transport and sell natural gas in the
State of Florida. [Ord. No. 5-66, § 10, 18 Jan 1966]
Sec. 411.11 Schedule of Rates - Filing with City. All
rates and rules and regulations established by the Company
from time to time shall at all times be reasonable and
Company's rates for natural gas shall at all times be
subject to approval by applicable Utilities Commission
and such regulations as may beprovided by law. All rate
changes approved by Railroad and Public Utilities Commis-
sion shall be promptly filed with the City Clerk of Cape
Canaveral. [Ord. No. 5-66, § 11, 18 Jan 1966]
Sec. 411.12 Liability Insurance. That prior to the
beginning of any work by the Company within the corporate
limits of the City, the Company shall file with the City
Clerk and shall keep in full force and effect at all
times during the effective period hereof, insurance cer-
tificates evidencing a liability insurance policy or
policies, the terms and conditions whereof shall be such
as to provide for the protection and indemnification of
the City with respect to and all legally valid claims of
any persons suffering injury, loss or damage to person or
property by reason of the construction or operation of a
natural gas distribution system within the corporate
limits of the City.
/7
9 § 411.12 GAS SERVICE § 411.13
Each such insurance policy shall be subject to the
acceptance and approval of the City Attorney for the
City. Any primary insurance policy must be issued by
a Company having a policy holder's surplus at least five
times the amount of coverage of the policy and the Company
must have a management rating in Best's Insurance Guide of
BB or better. Any excess policy used must be issued by
Underwriters acceptable to the City Attorney of the City.
Each such policy shall be in the minimum sum of $150,000.00
for injury or death to any one person, and in the minimum
sum of $1,000,000.00 for injury or death to all persons
where there is more than one person involved in any one
accident and in the minimum sum of $500,000.00 for damage
to property, resulting from any one accident, and each of
the said minimum sums shall remain in full force and shall
be undiminished during the effective period of this fran-
chise.
Every such insurance policy shall contain a provision
whereby every company executing the same shall obligate
itself to notify the City Clerk of Cape Canaveral, Florida,
in writing, at least thirty (30) days before any alteration,
modification, or cancellation of such policy is to become
effective.
In the event that any suit is filed or action brought
against the City, either severally or jointly with the
Company by any person or corporation seeking to recover
damages resulting from or attributable to the operations
or the existence of the Company within the City of Cape
Canaveral, or arising in any manner whatsoever out of the
operations or existence of the Company within the City,
whether due to the Company's negligence or otherwise, the
Company shall, upon written notice by the City, defend
such suit or action, and, in the event any judgment there-
in should be rendered against the City, the Company shall
promptly pay the sum together with all costs resulting
therefrom. [Ord. No. 5-66, § 12, 18 Jan 1966]
Sec. 411.13 Compensation to City. That within thirty
(30) days after the first anniversay date of this grant
and within thirty (30) days after each succeeding anniversary
date, the Company, its successors and assigns, shall pay to
the City and its successors an amount which will equal six
percent (6%) of the Company's gross revenue from the sale
of natural gas to residential and commercial customers with-
in the corporate limits of the City for the twelve (12)
fiscal months preceding the applicable anniversary date.
Provided, the amount of said payments shall, at the request
of the City, be subject to reconsideration and negotiation
§ 411.13
CAS SERVICE § 411.16
at the end of each five (5) year period upon ninety (90)
days notice in writing by the City to the Company. If
the City and the Company are unable to amicably agree on
the charges desired by the City, the City may request that
the matter be settled by arbitration; in which event, the
City shall select one such arbitrator, and the Company.
shall select one such arbitrator, and the two so chosen
shall select a third arbitrator, and the decisions of two
of these arbitrators shall be binding.
The minimum annual amount payable to the City regardless
of the amount of gross revenue to the Company shall be as
follows: $500.00 the first year, $750.00 the second year,
and $1,000.00 the third year. In the event the City re-
quests in writing of the Company to collect a Utility Tax
in any amount authorized by law the Company shall collect
the said Utility Tax and rebate the said moneys to the City
without cost to the City. [Ord. No. 5-66, § 13, 18 Jan 1966]
Sec. 411.14 Forfeiture, Causes for. Any violation by
the Company, its vendee, lessee or successor of the pro-
visions of this franchise or any material portions there-
of, or the failure promptly to perform any of the provisions
thereof, shall be cause for the forfeiture of this franchise
and all rights hereunder by the City after written notice
to the Company and continuation of such violation, failure
or default, shall cause said franchise to become null and
void. [Ord. No. 5-66, § 14, 18 Jan 1966]
Sec. 411.15 Maps Showing Location of Mains - Filing
with City. The Company shall at all times keep an accurate
map showing the location of all gas mains and service pipes
laid and maintained by the Company under the provisions of
this franchise, and the maps shall be accessible for public
inspection at all times during reasonable hours. Two copies
of an up-to-date map of the natural gas system shall be
furnished to the City and will be revised by the Company
appropximately every sixty (60) days or when needed as
requested by the City Engineer, with the same being done
at the expense of the Company. [Ord. No. 5-66, § 15,
18 Jan 1966]
Sec. 411.16 Regulations for Work under Franchise. This
franchise and all work that may be done hereunder shall be
subject to valid, reasonable regulations, rules, laws, and
ordinances as may be in force or which may hereafter be en-
acted or adopted for the regulation and use of the streets
and highways of the City, and for the general welfare and
safety of its c.itizens and the protection and safeguarding
/'
18
§ 411.16
GAS SERVICE § 411.18
of their lives and property. The right is hereby reserved
to the City to adopt, in addition to the provisions herein
contained and existing applicable ordinances, such additional
regulations as it shall find necessary in the exercise of
the police powers provided that such regulations by or-
dinance or otherwise shall be reasonable, and not in con-
flict with the rights herein granted, and shall not be in
conflict with the laws of the State of Florida. [Ord. No.
5-66. § 16, 18 Jan 1966]
Sec. 411.17 Emergency. The Company shall have the right
to use propane air through the transmissionand distribution
system located within the City of Cape Canaveral only in
the case of emergency. [Ord. No. 5-66, § 17, 18 Jan 1966]
Sec. 411.18 Gas Meters,Maintenance and Inspection of.
(A) The Company shall, at its own cost and expense, con-
struct, and maintain service to consumer's property line,
and for the measurement of gas consumed, furnish, install
and maintain gas meters which shall be of standard make,
tested and sealed, and subject at all times to reasonable
inspection by the City through such officers or agents as
may be designated by the City. A competent gas engineer
may be employed by the City, and his duties, as well as
the inspection of'gas meters herein provided, may be defined
by franchise, and the inspection by such gas engineer may be
made, once a day or more often, as may be necessary or proper
to ascertain the accuracy and efficiency of the gas meters
and whether the heat unit quality of the gas furnished con-
forms to the standards provided by this franchise, and it
shall be and become the duty of the Company to replace any
meter in the event of its over registration of two percent
(2%) or more. The gas meters shall be and remain the
property of the Company, and the Company shall have the
right by reasonable rules and regulations to govern the
furnishing and maintenance of such gas meters.
(B) The Company agrees that during the term of this
franchise and any extension thereof it will, subject to
approval of the Federal and Florida Public Utilities Com-
missions, and where not inconsistent with the rules and
regulations of said commissions, furnish to the ultimate
residential consumers service lines from mains including
the meter without cost to the consumers. In the event
the aforesaid commissions require charges for customers
service lines, the Company agrees that charges therefor
will not exceed the actual cost of installation or the
amount required by said commissions, whichever is lower.
$ 411.18 GAS SERVICE ! $ 411.18
(C) Service Standards. The Company shall maintain and
operate its plant and system and render efficient service
in accordance with the rules and regulations as are, or
may be, set forth by the Commission as provided for in
§ 411.16, or by the Public Utilities Commission of the
State of Florida.
(1) Odorizing of Gas. Gas furnished to consumers
under this franchise shall be of marketable quality
and free from impurities except that it shall contain
some element or compound with an easily detectible
odor in an amount sufficient to be noticeable when
the gas is released but not sufficient to be harmful
to human and animal life or to interfere with com-
bustion.
(2) Heating Value. Gas sold, supplied, and delivered
under this franchise shall be maintained at a monthly
average of not less than 950 British Thermal Units of
heat value per cubic feet.
(a) Deviation. The heating value of the gas
shall be maintained with as little deviation as
practicable and such heating value shall never
exceed or fall below the standard average heat-
ing value established hereunder by more than two
percent (2%) of the standard. If the monthly
average value falls below the stipulated average
quality by more than two percent (2%), the Com-
mission shall have the right to penalize the Com-
pany by requiring a refund to all customers on
their appropriate monthly bills proportionate
to the deficiency below the standard.
(b) Calorimeter Tests Required. The Company
shall equip itself with a complete, standard
calorimeter and shall determine the heat value of
the gas at least twice a week, not on consecutive
days. The tests may be made at any point within
the limits of the distribution system.
(c) Ascertaining Monthly Average. The monthly
average heating value of the gas shall be obtained
by averaging the heat value found as a result of
all periodic calorimeter tests as provided here-
under. The Council shall have the authority to
permit the Company to submit other proof of the
quality of the gas, in lieu of individual tests
made on the City mains, where such proof of quality
§ 411.18
GAS SERVICE § 411.18
is prepared for and accepted by other cities being
served by the same Company on the same pipeline
and from the same source of supply.
(d) Change of Average Monthly Value. The Company
shall have the right to designate a higher or lower
minimum average than specified herein, provided
approval of the Council for such change is received
at least sixty (60) days before the effective date
thereof. Any change, adjustment, or replacement
of appliances or parts thereof made necessary by the
change in the average value of the gas shall be made
by the Company, at its own expense, within a reason-
able time after the change becomes effective but no
longer than sixty (60) days.
(3) Pressure. Gas pressure, except industrial and
commercial, as measured at the outlet of the Company's
service to any consumer shall never be less than nine
(9) inches or more than fourteen (14) inches of water
column, to be determined as herein provided.
(a) Stationary Gauge. The Company shall maintain
a graphic recording pressure gauge at a point in
the distribution system to be designated by the City
as typical of average pressure.
(b) Portable Gauge. The Company shall also keep
and maintain a portable graphic recording gauge
which shall be used on the request of the City or
of any customer of the Company within the limits
of the City, to test the pressure at any point in
the distribution system where it connects with the
service of a customer.
(4) Meter Accuracy. All gas service shall be supplied
through meters which shall accurately measure the amount
of gas supplied to any consumer.
(a) Request for Meter Check. The Company shall at
any time when requested by a consumer make a test
of the accuracy of any gas service meter.
(b) Result of Meter Check. If, upon test, it is
found that such meter overruns to the extent of
more than two percent (2%), the Company shall pay,
the cost of such tests and shall make a refund
for overcharges collected since the last known date
§ 411.18 GAS SERVICE i § 411.20
of accuracy but for not longer than six months, on
the basis of the inaccuracy found to exist at the
time of the tests. If the meter is found to be
accurate or slow or less than two percent (2%) fast,
the customer shall pay the reasonable cost of such
testing.
(c) Compulsory Check. Every meter, whether com-
plained of by a customer or otherwise, shall be
removed from service at least once every seven years
and thoroughly tested for its accuracy. Any meter
found inaccurate upon any test beyond the tolerance
of two percent (2%) shall not be returned to service
until properly adjusted.
(5) Notice of Interruption. of Service for Repairs.
Whenever it is necessary to shut off or interrupt ser-
vice for the purpose of making repairs or installations,
the Company shall do so at such time as will cause the
least amount of inconvenience to its customers, and un-
less such repairs are unforeseen and immediately neces-
sary, it shall give reasonable notice thereof to the
consumer. [Ord. No. 5-66, § 18, 18 Jan 1966]
Sec. 411.19 Rules of Company for Conduct of Business.
The Company shall have the authority to promulgate such
rules, regulations, terms and conditions governing the
conduct of its business as shall be reasonably necessary
to enable the Company to exercise its rights and perform
its obligations under this franchise and to assure an
uninterrupted service to each and all of its customers;
provided, however, that such rules, regulations, terms
and conditions shall not be in conflict with the pro-
visions hereof or with the laws of the State of Florida,
and shall be subject to approval by the Public Utilities
Commission of the State of Florida. [Ord. No. 5-66, § 19,
18 Jan 1966]
Sec. 411.20 Records, Access of City to. The City shall
have access to all of the Company's plans, contracts, and
engineering, accounting, finance, statistical, customer
and service records relating to the property and the
operations of the Company at all reasonable hours and to
all records required to be kept hereunder. The following
records and reports shall be filed with the City Clerk and
in the local office of the Company.
(A) Calorimeter Tests. Copies of all calorimeter tests
required hereunder.
/.�
rL r
$ 411.20
GAS sum= § 411.21
(B) Pressure Gauge Recordings. Stationary and portable
pressure gauge recordings required hereunder.
(C) Company Rules and Regulations. Copies of such
rules, regulations, terms and conditions adopted by it
for the conduct of its business.
(D) Gross Revenue. The Company shall keep complete
accounts showing dates and payments received. An annual
summary report showing gross revenues received by the Com-
pany from its operations within the City during the pre-
ceding year and such other information as the City shall
request with respect to properties, and expenses related
to the Company's service within the City. The duly
authorized agent of the City shall have the right, power,
and authority to inspect and audit the current records of
gross revenue of the Company for any annual period at any
reasonable time within three (3) years after the expiration
of such annual anniversary. The gross revenue records of
the Company for any annual period shall be closed to the
City after three (3) years from the said annual anniversary.
[Ord. No. 5-66, § 20, 18 Jan 1966]
Sec. 411.21 Deposit of Guarantee with City. As further
consideration of the terms of this franchise, the Company
agrees to and shall upon the final adoption of this fran-
chise place the sum of Five Thousand ($5,000.00) Dollars
in Escrow with the City.- Said sum of Five Thousand
($5,000.00) Dollars shall be held in a Special Account by
the City and in the event of default by the Company in
failing to commence the operation of said natural gas
system within one (1) year from the date of the final
adoption of this franchise, all the right, title, claim
and interest of the Company in and to the said sum of
Five Thousand ($5,000.00) Dollars shall terminate and said
sum shall be retained by the City as liquidated damages.
Upon the Company commencing the installation of said
natural gas system, within one (1) year from the date of
the final adoption of this franchise, then said sum of
Five Thousand ($5,000.00) Dollars shall remain in the
custody and control of the City as a deposit for the sums
due the City by the Company from time to time as provided
for herein shall be deducted by the City from such deposit
until such deposit shall be exhausted, after which time
the Company shall pay to the City all sums due the City
by the Company as such sums accrue and become due and
payable. [Ord No. 5-66, § 21, 18 Jan 1966]
§ 411. 2 2 i GAS SERVICE
§ 411.25
Sec. 411.22 ;Customers Outside City, No Liability for
Payment of Revenue from. Nothing herein shall be con-
strued as requiring the Company to pay to the City any
portion of the revenue derived from the saleof gas by
the Company to customers residing outside the corporate
limits of the City. However, upon the annexation of any
territory to the City which is not now within the corpo-
rate limits of the City, the portion of the Company's
facilities that may be located within such annexed
territory and upon the streets, alleys, and public ways
thereof, shall thereafter be subject to all of the terms
of this franchise as though it were an extension made
thereunder. (Ord. No. 5-66, § 22, 18 Jan 1966]
Sec. 411.23 Approval of Transfer. The Company shall
not sell or transfer its plant or system to another, nor
transfer any rights under this franchise to another with-
out Council approval. No sale or transfer shall be ef-
fective until the vendee, assignee, or lessee has filed
in the office of the City Clerk an instrument, duly ex-
ecuted, reciting the fact of such sale, assignment or
lease, accepting the terms of the franchise and agreeing
to perform all the conditions thereof. [Ord. No. 5-66,
§ 23, 18 Jan 1966]
Sec. 411.24 Rules of Federal Utilities Commission
Prevail. In the event of any conflict between the terms
of this franchise and rules and regulations of the Federal
and Florida Public Utilities Commissions now or hereafter
in effect, the rules and regulations of such Commission
shall prevail; except that where such rules and regulations
provide standards less stringent than provided for herein
or hereafter adopted, and said standards shall continue
in force and effect where permitted by said Commissions.
[Ord. No. 5-66, § 24, 18 Jan 1966]
Sec. 411.25 Streets, Regulation of by City.
(A) Nothing in this franchise shall be construed as
a surrender by the City of its right or power to pass
ordinances regulating the use of its streets and other
public ways.
(B) Granting of this franchise shall not excuse the
Company herein from paying a reasonable annual occupational
license .fee to the City. (Ord. No. 5-66, § 25, 18 Jan 1966]
§ 411.26
GAS SERVICE § 411.26
Sec. 411.26 Taxes, Right of City to Levy and Collect.
Nothing herein shall be construed as affecting in any
manner the right of the City to levy or collect taxes pay-
able by the consumer for services provided by the Gas
Company as now authorized or which may hereafter be
authorized under the Laws of the State of Florida or the
Charter of the City. [Ord. No. 5-66, § 26, 18 Jan 1966]
§ 413.01
TFT RPHONE SERVICE
CHAPTER 413
TELEPHONE SERVICE
§ 413.04
Sec. 413.01 Telephone and Telegraph Franchise Granted.
Be it ordained by the City Council of the City of Cape
Canaveral, Florida, that permission be and the same is
hereby granted to the Southern Bell Telephone and Tele-
graph Company, its successors and assigns, to construct,
maintain and operate lines of telephone and telegraph,
including the necessary poles, conduits, cables, fixtures
and electrical conductors upon, along, under and over the
public roads, streets and highways of the City of Cape
Canaveral, Florida, as its business may from time to time
require, provided that all poles shall be neat and sym-
metricial. [Ord. (no #), § 1, 3 Aug 1965]
Sec. 413.02 Regulation of Facilities. The work of
erecting poles and constructing underground conduits
under this franchise shall be done subject to the super-
vision of the City, and the Company shall replace or
properly relay and repair any sidewalk or street that may
be displaced by reason of such work, and upon failure of
the Company so to do, after twenty days' notice in writing
shall have been given by the Mayor of the City to the
Company, the City may repair such portion of the sidewalk
or street that may have been disturbed by the Company, and
collect the cost so incurred from the Company. [Ord. (.no #)
§ 2, 3 Aug 1965]
Sec. 413.03 Franchise Fee Assessed. In consideration
of the rights and privileges herein granted, the Company
shall pay to the City annually a sum equal to one percent
(1%) of the gross receipts of the Company from rentals
derived from telephones in use within the corporate limits
of the City, provided that there shall be credited against
such sum the amount of any occupational license tax paid
to the City during the preceding fiscal year. Payment
shall be made to the City for each of the years that this
franchise is in effect and shall be based on the receipts
of the Company for the preceding fiscal year. For the
purposes of this payment, such fiscal year shall end on
the last day of August, 1965. Payment shall be made within
six (6) months of the end of such fiscal year. [Ord.
(no #), § 3, 3 Aug 1965]
Sec. 413.04 Liability. The Company shall indemnify
the City against, and assume all liabilities for, damages
which may arise or accrue to the City -for any injury to
413.04
TELEPHONE SERVICE § 413.07
persons or property from the doing of any work herein
authorized, or the neglect of the Company or any of its
employees to comply with any ordinance regulating the use
of the streets of the City, and the acceptance by the
Company of this franchise shall be an agreement by it to
pay to the City any sum of money for which the City may
become liable from or by reason of such injury. [Ord.
(no #), § 4, 3 Aug 1965]
Sec. 413.05 Acceptance by Company. The Company shall
file with the City Clerk of the City its acceptance of
this franchise within ninety (90) days from August 3, 1965.
[Ord. (no #), § 5, 3 Aug 1965]
Sec. 413.06 Additional City Powers. Nothing in this
franchise shall be construed as a surrender by the City
of its right or power to pass ordinances regulating the
use of its streets. [Ord. (no #), § 6, 3 Aug 1965]
Sec. 413.07 Term; System Purchase by City Reserved.
This franchise shall be in force and effect for a term of
thirty (30) years from and after its passage, and the City
hereby reserves the right and requires the said Company,
as a condition precedent to the taking effect of this
grant, to give and grant to the City of Cape Canaveral,
Florida, the right, at and after the expiration of such
term, to purchase the telephone and telegraph plant or
other property in said City used under or in connection
with this grant, or such part of such property as the
municipality may desire to purchase at a valuation of the
property, real and personal, desired, which valuation shall
be fixed by arbitration, as may be provided by law; and
the acceptance of this franchise shall operate as a grant
by the said Company to the City of said right to purchase.
[Ord. (no #), § 7, 3 Aug 1965]
ig
§ 415.01
CABLE TV SERVICE
CHAPTER 415
CABLE TV SERVICE
§ 415.03
Sec. 415.01 Short Title. This franchise shall be
known and may be cited as the Southland Communications,
Inc., formerly known as Five Beaches Cable T.V., Inc.,
Television Company Franchise Code. [Ord. No. 36-64, § 1,
15 Sept 1964; Ord.No.16-79, § 1, 18 Sep 1979]
Sec. 415.02 Definitions. For the purposes of this
franchise, the following terms, phrases, words, and their
derivations shall have the meaning given here. When not
inconsistent with the context, words used in the present
tense include the future, words in the plural number in-
clude the singular number, and words in the singular
number include the plural number. The word "shall" is
always mandatory and not merely directory.
City is the City of Cape Canaveral, Florida.
Company is the grantee of rights under this franchise.
Council is the Council of the City of Cape Canaveral,
Florida.
Person is any person, firm, partnership, association,
corporation, company or organization of any kind. [Ord.
No. 36-64, § 2, 15 Sep 1964]
Sec. 415.03 Grant and Terms.
(A) In consideration of the benefits that will accrue
to the City of Cape Canaveral, Florida, and the inhabitants
thereof, and of the payment by the grantee, Southland Com-
munications, Inc., formerly known as Five Beaches Cable
T.V., Inc., a Florida Corporation, to said City of Cape
Canaveral, Florida, the total sum collected of the amounts
designated as "franchise fee" on the Schedule of Charges
of the grantee as approved by the Commission for each year
of the franchise hereinafter granted, Southland Communications,
Inc., formerly known as Five Beaches Cable T.V., Inc., a
Florida Corporation, its successors and assigns, herein re-
ferred to as the grantee, is hereby given and vested with
the nonexclusive right, authority, easement, priviledge
and franchise to construct, erect, suspend, install, lay
down, repair, renew, maintain, operate and conduct in the
§ 415.03
CAME TV SERVICE § 415.04
City of Cape Canaveral, Florida, a plant or plants and/or
system or systems for the distribution and reception of
television signals for all purposes whatsoever, for a
period of time beginning on September 15, 1979 and ending
at midnight fifteen (15) years from 15 September 1979.
Southland Communications, Inc., formerly known as Five
Beaches Cable T.V., Inc., a Florida Corporation, is given
the option of renewal on the terms and conditions of the
franchise herein granted. [Ord. No. 16-79, § 1, 18 Sep
1979]
(B) The grantee is hereby given, granted and vested
with the nonexclusive right, authority, easement, privilege
and franchise to construct, erect, suspend, install, renew
maintain, operate and conduct throughout the City of Cape
Canaveral, Florida, a system of poles, towers, conduits,
cables, underground cables, and conduits, conductors,
amplifying equipment on poles, fittings and all appliances
or appurtenances as necessary or desirable to the furnish-
ing, distribution or sale of the television reception ser-
vice for all purposes whatsoever or to the operation of
the community antenna system, over, under, along and
across all streets, avenues, alleys, ways, bridges, rivers
and waterways, and public places in the City of Cape
Canaveral, Florida, as they now exist or may hereafter
exist or be laid out or extended, together with the further
right, privledge, and franchise to construct, erect, sus-
pend, install, lay, renew, repair, maintain, and operate
such poles, towers, conduits, cables, underground cables
and appliances and appurtenances necessary or desirable
to the distribution within, into, through, over and above
and beyond the City of Cape Canaveral, Florida, and fur-
nishing, supplying and distributing to the City of Cape
Canaveral, Florida, and to the inhabitants both within
and beyond the limits thereof, television reception ser-
vice and for the purpose of extending its lines beyond
the limits of the City of Cape Canaveral, Florida, together
with the further right to contract with power company and/or
telephone company for the use of its poles and equipment
and appliances for use in carrying to the inhabitants and
corporations of the City of Cape Canaveral, Florida, and
beyond said television reception service. [Ord. No. 36-
64, § 3, 15 Sept 1964]
Sec. 415.04 Compliance with Applicable Laws and Or-
dinances. The Company shall at all times during the life
of this franchise, be subject to all lawful exercise of
the police power by the City, and to such reasonable reg-
ulation as the Council shall hereafter by resolution or
ordinance provide. [Ord. No. 36-64, § 4, 15 Sep 1964]
§ 415.05
CABLE TV SERVICE § 415.07
Sec. 415.05 Service Standards. The Company shall
maintain and operate its system and render efficient
service in accordance with the rules and regulations as
are set forth by the Council as provided for in § 415.08,
or by the Public Utilities Commission of the State of
Florida. [Ord. No. 36-64, § 5, 15 Sep 1964]
Sec. 415.06 Notice of Interruption for Repairs.
Whenever it is necessary to shut off or interrupt service
for the purpose of making repairs, adjustments or instal-
lations, the Company shall do so at such time as will
cause the least amount of inconvenience to its customers,
and unless such interruption is unforeseen and immediate-
ly necessary, it shall give reasonable notice thereof
to its customers. [Ord. No. 36-64, § 6, 15 Sep 1964]
Sec. 415.07 Conditions on Street Occupance.
(A) Approval Procedure. All installations shall be
done only in accordance with plans first submitted to
and approved by the City Engineer or officer, employee,
persons, or firms designated by the Council. The City
Engineer is herein for convenience called "engineer."
Any repair work which requires the disturbance of the sur-
face of any street or which will interfere with traffic,
shall not be undertaken without prior permission and
approval of the manner of doing the work by engineer.
(B) Requirements. All installations shall be done
in a neat and workmanlike manner, all construction shall
conform to the requirements of the National Electric
Safety Code and any statutes, regulations and ordinances
governing the same or similar installations.
(C) Use. All transmission and distribution structures,
lines and equipment erected by the Company within the City
shall be so located as to cause minimum interference with
the proper use of streets, alleys and public ways,. and
places, and to cause minimum interference with the rights
of reasonable convenience of property owners who adjoin
any of the said streets, alleys or other public ways and
places.
(D) Restoration. In case of any disturbance of pave-
ment, sidewalk, driveway or other surfacing, the Company
shall, at its own cost and expense and in a manner approved
by the City Building Inspector, replace and restore all
paving, sidewalk, driveway or surface of any street or
alley disturbed, in as good condition as before said work
was commenced.
$ 415.07
CABLE TV SERVICE § 415.07
(E) Relocation. In event that at any time during the
period of this franchise the Council shall lawfully elect
to alter, or change the grade of any street, alley, or
other public way, the Company upon reasonable notice by
the Council, shall remove, relay and relocate its poles,
wires, cable, underground conduits, manholes and other
telephone fixtures at its own expense.
(F) placement of Fixtures. The Company shall not
place poles or other fixtures where the same will inter-
fere with any gas, electric or telephone fixture, water
hydrant or main, and all such poles or other fixtures
placed in any street, shall be placed at the outer edge
of the sidewalk and inside the curb line, and those placed
in alleys shall be placed close to the line of the lot
abutting on said alley, and then in such a manner as not
to interfere with the usual travel on said streets, alleys
and public ways.
(G) Temporary Removal of Wire for Building Moving.
The Company shall, on the request of any person holding
a building moving permit issued by the Council, tempo-
rarily raise or lower its wires to permit the moving of
buildings. The expense of such temporary removal, raising
or lowering of wires shall be paid by the person requesting
the same, and the Company shall have the authority to re-
quire such payment in advance. The Company shall be given
not less than one week advance notice to arrange for such
temporary wire changes.
(H) Tree Trimming. The Company shall have the
authority to trim trees upon and overhanging streets,
alleys, sidewalks, and public places of the City so as
to prevent the branches of such trees from coming in con-
tact with the wires and cables of the Company, all trim-
ming to be done under the supervision and direction of
the Council and at the expense of the Company.
(I) Safety Precautions. The Company's work while in
progress shall be properly protected at all times with
suitable barricades, flags, lights, flares, or other
devices to protect all members of the public having
occasion to use the portion of the streets involved or
adjacent property.
(J) Determination of Right to Use Streets. It is
understood that there may be within the boundaries of the
City various streets as defined in § 415.03 which the
Council does not have the unqualified right to authorize
i4
$ 415.07
CABLE TV SERVICE § 415.08
the Company to use, because of reservations; therefore,
in making this grant the Commission does not warrant or
represent as to any particular street or portion of a
street that it has the right to authorize the Company
to install or maintain portions of its system therein,
and in each case the burden and responsibility for making
such determination in advance of the installation shall
be upon the grantee. [Ord. No. 36-64, § 7, 15 Sep 1964]
Sec. 415.08 Council Rights in Franchise.
(A) Council Rules. The right is hereby reserved to
the Council to adopt, in addition to the provisions here-
in contained and existing applicable ordinances, such
additional regulations as it shall find necessary in the
exercise of police power, provided that such regulations,.
byordinance or otherwise, shall be reasonable, and not
in conflict with the rights herein granted, and shall not
be in conflict with the laws of the State of Florida.
(B) Use of System by Council. The Council shall have
the right, during the life of this franchise, free of
charge, where aerial construction exists, of maintaining
upon the poles of the Company within the City limits,
wire and pole fixtures necessary for a police and fire
alarm system, such wires and fixtures to be constructed
and maintained to the satisfaction of the Company and in
accordance with its specifications.
(1) Compliance with Company Rules. The Council,
in its use and maintenance of such wires and fixtures,
shall at all times comply with the rules and regulations
of the Company so that there may be a minimum danger
of contact or conflict between the wires and fixtures
of the Company and the wires and fixtures used by the
Council.
(2) Liability. The Council shall be solely re-
sponsible for all damage to persons or property
arising out of the construction or maintenance of
said wires and fixtures authorized by this section
and shall save the Company harmless from all claims
and demands whatsoever arising out of the attachment,
maintenance, change or removal of said wires and fix-
tures to the poles of the Company. In case of re-
arrangement of the Company plant or removal of poles
or fixtures the Council shall save the Company harm-
less from any damage to persons or property arising
§ 415.08
CABLE TV SERVICE § 415.09
out of the removal or construction of its wires or
other fixtures.
(C). Supervision and Inspection. The Council shall
have the right to supervise all construction or instal-
lation work performed subject to the provisions of this
franchise and to make such inspections as it shall find
necessary to insure compliance with governing ordinances.
(D) Procedure after Termination. At the end of the
term of this franchise, the Council shall have the right
to determine whether the Company shall continue to operate
and maintain its distribution system pending the decision
of the Council as to the future maintenance and operation
of such system.
(E) Right of Acquisition by the City. At the expi-
ration of the term for which this franchise is granted,
the Council, at its election and upon the payment of an
amount as hereinafter provided, shall have the right to
purchase and take over the property of the Company in its
entirety. Upon the exercise of this option by the Council
by the service of an official notice upon the Company to
that effect, the Company shall immediately execute such
deeds or instruments of conveyance to the Council as
shall be required to convey to the Council title to the
property in fee simple, free from any and all liens and
encumbrances. The Company shall make it a condition of
each contract entered into by it, with reference to oper-
ations under this franchise, that the Contract shall be
subject to the exercise of this option by the Council and
that the Council shall have the right to succeed to all
privileges and the obligations thereof at its option.
[Ord. No. 36-64, § 8, 15 Sep 1964]
Sec. 415.09 Protective and Indemnity Provisions.
(A) The grantee shall indemnify and hold harmless
the City, its officers, agents and employees from all
claims, debts, liabilities, demands, interests, court
cost and attorneys fees to itself or any third person,
whether for bodily injury, death, property damage or
otherwise, in any way arising out of the operations of
grantees contemplated by the grant, or related work upon
grantee's system, whether directly authorized by this
grant or not.
(B) Permanent Payment and Performance Guarantee.
The Company will furnish bond, or its equivalent, to
q3
§ 415.09
CABLE TV SERVICE § 415.10
the Commission Li the sum of Five Thousand Dollars
($5,000.00) which shall be renewed each year and remain
in full force and effect throughout the terms of this
franchise to guarantee the payment of all sums which may
become due to the Council for rentals, inspections, or
work performed for the benefit of the Company under this
franchise, including the removal of attachments upon
termination of this franchise, by and of its provisions,
and such bond or its equivalent, shall guarantee to the
Council the performance by the Company of all the pro-
visions of this franchise and all laws, rules and reg-
ulations herein permitted to be adopted and enforced.
(C) Prior to commencing construction of any kind,
grantee shall have in full force and effect and there-
after constantly maintain and file evidence thereof
with the City Auditor and/or Clerk, a good and sufficient
policy or policies of insurance covering One Hundred
Thousand Dollars ($100,000.00) personal injury, each
person; Three Hundred Thousand Dollars ($300,000.00)
personal injury each accident; and Fifty Thousand
Dollars ($50,000.00) property damage to be executed by
an insurance company or companies authorized and qual-
ified to do business in Florida and conditioned to
indemnify and save harmless the Council from and against
any and all claims, actions, suits, liabilities, loss,
costs, expenses, interest, attorneys fees or damage of
any kind or description which may accrue to or be suffered
by the Council or by anyone by reason of any construction,
extension, repair, maintenance, operation or other work
or by reason of anything that has been done by the grantee
hereunder which may in any way cause liability by reason
thereof; provided, however, that whenever in the judg=
ment of the Council, said insurance shall be deemed
insufficient or inadequate, then grantee upon demand by
said Council shall furnish new or additional insurance
in such reasonable amount or amounts as may specified
by it. (Ord. No. 36-64, & 9, 15 Sep 1964]
Sec. 415.10 Charges and Services. The grantee shall
have the right to charge and collect reasonable compen-
sation from all subscribers to whom it shall furnish
service under this grant and franchise. It is agreed
that until otherwise provided by State law, the legis-
lative authority of the Council shall have jurisdiction
and control over the services authorized by this grant
and franchise and over all rates and charges made there-
fore,provided that the legislative authority of the
Council shall never prescribe rates other than such as
§ 415.10
CABLE TV SERVICE ! § 415.13
shall be just, reasonable, adequate, and sufficient; and
that its jurisdiction and control shall at all times be
subject to review by the courts. The grantee shall sub-
mit a proposed "Schedule of Charges" on every second
anniversary of the effective date of this franchise,
which then will be approved or modified by the Commis-
sion. In the event the Commission fails to act as
provided in the foregoing sentence, the schedule of
charges then in force shall continue in effect. Grantee
may petition the Council for a reconsideration of the
"Schedule of Charges" at any time. [Ord. No. 36-64,
§ 10, 15 Sep 1964]
Sec. 415.11 Compensation to the City. In consider-
ation for the franchise granted herein, Southland
Communications, Inc., formerly known as Five Beaches
Cable T.V., Inc., will pay to the City a franchise fee
in the amount of all sums collected as such as designated
on the "Schedule of Charges" which is attached hereto
as Sechedle "A" or incorporated herein. So much of the
books of the Corporation as is necessary for independent
ascertainment of the amounts collected as franchise fee
will be open for inspection of the Council and/or their
designated accountant.
The said franchise fee shall be specifically three per-
cent (3%) of the gross on service charges excluding all
fees collected for installation or connection charges,
and said franchise fee shall be paid to the City quarterly.
[Ord. No. 36-64, § 11, 15 Sep 1964]
Sec. 415.12 Interruptions. In the event the television
signal service and/or the community antenna system should
be interrupted or fail by reason of accident or otherwise
beyond the control of the grantee, the grantee shall re-
store the service within a.reasonable time and such
interruption shall not constitute a breach of this fran-
chise, nor shall the grantee be liable for damage by
reason of such interruption of failure. [Ord. No. 36-64,
§ 12, 15 Sep 1964]
Sec. 415.13 Service Availability. A sample copy of
all types of contracts to be entered into between grantee
and its subscribers shall be filed with the Council. In
the event that any subscriber shall breach said contract,
the grantee reserves to itself the right to .withhold and/or
deny service to such subscriber. Service will be made
available within a twelve (12) month period to all in-
habitants of the City within the designated area on the
l4
95 § 415.13 CABLE TV SERVICE § 415.17
maps marked as Exhibit B, and within a twenty-four (24)
month period the area designated as Exhibit C. The
balance of the inhabitants will have service available
at such time as there is sufficientdemand and it is
economically feasible to provide said service. [Ord.
No. 36-64, § 13, 15 Sep 1964]
Sec. 415.14 Acceptance. The grantee shall forfeit
and shall be deemed to have forfeited and abandoned all
rights and privileges conferred by this franchise and
this franchise shall be null and void and of no force
and effect unless grantee shall, within thirty (30) days
after the effective date of this franchise file with the
City Clerk and City Auditor its written acceptance of
the rights and privileges hereby conferred with the terms
and conditions and restrictions hereby imposed. [Ord.
No. 36-64, § 14, 15 Sep 1964]
Sec. 415.15 Conflicting Ordinances. All ordinances
and parts of ordinances in conflict herewith shall be
and the same are hereby repealed; provided, however, the
Council shall not hereby be deemed to have surrendered
any part of its control over the streets, nor shall any
other franchise granted to any other person, firm, or
corporation be deemed to be repealed in any respect.
[Ord. No. 36-64, § 15, 15 Sep 1964]
Sec. 415.16 Extension of City Limits. Upon the
annexation of any territory by the City, the right,
privilege and franchise hereby granted shall extend to
the territory so annexed, and all facilities owned, main-
tained or operated by said grantee, located within the
territory so annexed upon any of the streets, alleys,
or other public places situated in such annexed territory,
shall thereafter be subject to all the terms hereof.
[Ord. No. 36-64, § 16, 15 Sept 1964]
Sec. 415.17 Separability.
(A) Southland Communications, Inc., formerly known
as Five Beaches Cable T.V., Inc., or its successor and/or
assigns, shall within one hundred and twenty (120) days
from the effective date of grant of this franchise com-
mence construction and laying cable for use within the
City of Cape Canaveral, provided, however, that Southland
Communications, Inc., formerly known as Five Beaches
Cable T.V., Inc., is not barred or prevented from com-
mencement of construction during this designated period
§ 415.17
CABLE 'IV SERVICE § 415.18
on account of "strike" or other labor strife against
Florida Power and Light Company and/or the Southern Bell
Telephone Company or for any reason beyond the control of
the grantee.
(B) Southland Communications, Inc., formerly known as
Five Beaches Cable T.V., Inc. shall within twelve (12)
months after commencement of construction of the instal-
lation proposed herein, the period for commencement of
construction to be determined by subsection (A) of this
section, be ready and able to provide television circuit
reception except in those areas where the cost of pro-
viding and maintaining service is in the opinion of the
Company manifestly exorbitant. [Ord. No. 36-64, § 17,
15 Sep 1964]
Sec. 415.18 Proposed Channel System.
(A) Grantee proposes to construct a system with twelve
(12) channel capabilities. Immediate service consists of
three (3) television signals, a weather'service and back-
ground music service. As additional television and other
services become available and practical, they will be
added to the system up to the limit of twelve (12).
(B) Grantee agrees to allocate one (1) channel of its
system for the sole and exclusive use of Civil Defense,
Police, Fire and other City or Community Departments,
Associations or Bodies which are designated by the Coun-
cil as serving the Community interest and necessity. The
Company shall provide time on the channel for the broad-
casting of news, information, instruction, or advice on
the part of those organizations in the public interest,
provided each broadcast is requested and authorized by
by the Council.
In the event the Company desires to broadcast programs
or messages in behalf of these organizations on this
channel they shall do so only with the permission and
authorization of the Council.
The time, type, kind, and the content of each broadcast
on this channel shall be governed by and be entirely
within the jurisdiction of the Council. Southland Com-
munications, Inc. (formerly known as Five Beaches T.V.,
Inc.) however, shall at all times reserve the right to
control or reject all or any part of the content of any
broadcast on this channel should it, in its opinion, fail
to adhere to the television code of the National Asso-
ciation of Broadcasters. Southland Communications, Inc.
77
§ 415.18
CABLE TV SERVICE
§ 415.21
(formerly known as Five Beaches Cable T.V., Inc.) shall
provide these organizations with time and the normal use
of its facilities over this channel at no charge, provided
the Council or the organization using this facility shall
pay the Company for any out-of-pocket costs, fees, or
extraordinary expense incurred by it in providing this
service. [Ord. No. 36-64, § 18, 15 Sep 1964]
Sec. 415.19 Assignment of Franchise. The grantee
herein may assign its rights under this franchise with
the consent of the Council, provided, however, this fran-
chise shall not be assigned prior to the completion of
the system or systems for the distribution and reception
of television signals as set out in § 415.18. [Ord. No.
36-64, § 19, 15 Sep 1964]
Sec. 415.20 Prohibitions.
(A) Advertising. The Company shall not use the system
for advertising purposes for itself or others without
consent of the Council except that which is received from
regular broadcasting stations merely relayed to the sub-
scribers in the same manner as is received from such
broadcasting stations with its normal program.
(B) Regulated Public Utilities. The Company shall
not use the system to interfere or conflict with services
offered by public utilities regulated by the Florida Rail-
road and Public Utilities Commission. [Ord. No. 36-64,
§ 20, 15 Sep 1964]
Sec. 415.21 Breach Clause. In the event that the
Company (Grantee) breaches in any particular its duties,
responsibilities or obligations under this franchise,
including but not limited to its before mentioned con-
struction schedule and service availability schedule,
then and in that event the City (Grantor) shall have the
right to declare the franchise granted hereunder null and
void and shall have the right to terminate the said
franchise upon three (3) days notice to the Company
(Grantee); and it is further provided that in such event
the Company shall forfeit to the City the sum of One
Thousand Dollars ($1,000.00) which has been heretofore
deposited with the City as prepayment of the said fran-
chise fees under this franchise. [Ord. No. 36-64,;§ 21,
15 Sept 1964]
kg
§ 417.01
WATER SERVICE
CHAPTER 417
WATER SERVICE
§ 417.05
Sec. 417.01 Water Franchise Granted. The City of
Cape Canaveral does hereby grant to the City of Cocoa, a.
municipal corporation organized and existing under the
laws of the State of Florida, the right, privilege and
franchise to operate a water plant and water distribution
system in the City of Cape Canaveral, and to furnish water
to the same, and through said plant to furnish water to
the City of Cape Canaveral and the inhabitants of the City
of Cape Canaveral. [Ord. No. 38-64, § 1,21 Sep 1964]
Sec. 417.02 Easement Granted. The City of Cape
Canaveral, as now exisiting or which may hereafter be-
come incorporated in the limits of the City of Cape
Canaveral, Florida, whether as a result of petition, or-
dinance or resolution or by legislative acts, does further
grant to the City of Cocoa a right-of-way and easement for
the water pipes now laid under the streets, avenues, alleys,
parks and other public places in the City of Cape Canaveral
and such additional pipes as may hereafter be laid under
any streets,avenues, alleys, parks and other public places
in the City of Cape Canaveral for the purpose of conveying
water from the present plant and water works system now
owned and maintained by the City of Cocoa to water consumers
within the City of Cape Canaveral through the pipes now laid
or hereafter to be laid; said easement to continue so long
as the privilege and franchise herein granted shall continue.
[Ord. No. 38-64, § 2, 21 Sep 1964]
Sec. 417.03 Conditions Included. This grant of said
franchise, privilege, right-of-way and easement is made
upon the following terms and conditions and subject to
the following limitations, all of which are agreed to by
the City of Cape Canaveral by the passage of Ordinance
No. 38-64, and the City of Cocoa by acceptance and use
of the said franchise. [Ord. No. 38-64, § 3, 21 Sep 1964]
Sec. 417.04 Franchise Term. The term of this grant
shall be for thirty (30) years from September 21, 1964.
[Ord. No. 38-64, § 4, 21 Sep 1964]
Sec. 417.05 System Subject to Purchase by City. The
grant is made expressly subject to the provisions of
Section 167.22 of the Florida Statutes, including the
right to purchase the system in Cape Canaveral, Florida,
as provided in said section; however, the City of Cape
§ 417.05
InTArihrt SERVICE § 417.07
Canaveral, Florida, shall not have the right to purchase
the main transmission line by which water is conveyed by
the City of Cocoa, Florida, to Cape Kennedy and intervening
and surrounding territory. If the City of Cape Canaveral,
Florida, shall purchase the said distribution system, then
the rates for such future water sales shall be negotiated.
[Ord. No. 38-64, § 5, 21 Sep 1964]
Sec. 417.06 Exclusive Franchise. The City of Cocoa
shall have the exclusive franchise to furnish water to
the inhabitants of the City of Cape Canaveral, within the
geographical territory of said City as now existing or as
hereafter enlarged by legislative act or otherwise. [Ord.
No. 38-64, § 6, 21 Sep 1964]
Sec. 417.07 Regulations Regarding City Streets. The
City of Cape Canaveral, Florida, does grant to the City
of Cocoa, Florida, full right to install, maintain, repair,
replace, enlarge, and extend a water distribution system,
and for said purpose to enter upon any of the streets,
avenues, alleys, lanes and other public places in the City
of Cape Canaveral, Florida, for the said purpose, subject
to the conditions herein imposed. The City of Cocoa,
Florida, in exercising the privileges herein granted,
shall lay the said pipes under the said streets, avenues,
alleys, lanes and other public places in the City of Cape
Canaveral, Florida, in such manner as may not unreasonably
interfere with the use of said streets for the purpose
of travel by pedestrians and vehicles, and in such manner
as may not unreasonably interfere with the establishment
of any storm sewers or drainage systems or any sanitary
sewer system then in existence. The City of Cocoa,
Florida, shall relocate, change or reconstruct such water
distribution system facilities and the cost of such re-
location, change or reconstruction or any other alteration
to be borne by the City of Cape Canaveral, Florida, when
necessary to permit proper drainage, sanitary facilities
or to permit the widening, repaving, relocating, or re-
construction of the streets, avenues, alleys, lanes and
other public places due to the demands of public or private
transportation to provide for the safety, speed and con-
venience of the inhabitants of the said City of Cape
Canaveral, Florida. The City of Cocoa, Florida, shall
promptly restore the surfaces of all streets, avenues,
alleys, lanes or other public places in which said water
distribution system shall be laid after the construction
of said system or the entry upon such places for the re-
pair and maintenance thereof. Prior to the construction
oC § 417.07
WATER SERVICE § 417.09
of said system, or any extension or addition, the City of
Cocoa, Florida, shall submitto the City of Cape Canaveral
Florida, the plan for the construction of the same, to-
gether with the location of said system or such extensions
of such water distribution system, and such construction
shall not proceed until such plans have been approved by
the City of Cape Canaveral, Florida. The City of Cape
Canaveral, Florida, shall not unreasonably withhold its
approval of such plans so long as the same shall not
interfere with any drainage sewers or other public works
established in said City, and shall not be detrimental to
the health, safety or convenience of the inhabitants of
said City or the general public. [Ord. No. 38-64, § 7,
21 Sep 1964]
Sec. 417.08 Condemnation Procedings. If the City of
Cocoa shall deem it advisable to obtain private property
in the City of Cape Canaveral for the purpose of erecting
a tank or tanks, buildings or other structures, or to
acquire land or rights of way for water pipes across
private property, and the City of Cocoa shall be unable
to secure the same at fair prices by negotiation, and
shall desire to condemn the same under the right of
eminent domain, and it shall be determined by opinion of
counsel or a judgment of Court that the City of Cocoa
shall not have such right of condemnation with the City
of Cape Canaveral, the City of Cape Canaveral agrees to
institute condemnation proceedings for the purpose of
acquiring such land, with the express proviso that all
expense of acquiring such land, and of such condemnation
proceedings shall be borne by the City of Cocoa, and that
the City of Cocoa shall comply with all reasonable re-
quirements made by the City of Cape Canaveral for the
purpose of assuring the City of Cape Canaveral of the pay-
ment by the City of Cocoa of the awards for the taking of
property and expenses in said condemnation suit, including
the fees of the attorneys for the City of Cape Canaveral.
[Ord. No. 38-64, § 8, 21 Sep 1964]
Sec. 417.09 Regulation of Rates. The charges for
water furnished to the City of Cape Canaveral, and to
consumers of water in the City of Cape Canaveral, shall
at all times be reasonable and just, after taking into
consideration the cost of operation of the City of Cocoa's
water plant and distribution system, the maintenance and
repair of the same, reserves for the depreciation of the
plant and distribution system, other reserves and payments
required by the City's Bond Resolutions, reserves to pro-
vide for future extensions, and a reasonable return on
capital invested.
§ 417.09
VOTER SERVICE § 417.12
The City of Cocoa shall be authorized to charge to the
consumers of water in the City of Cape Canaveral a rate
equal to that rate as now charged or as hereafter from
time to time will be charged to consumers located outside
the corporate limits of the City of Cocoa, Rockledge,
Cocoa Beach, Florida, and any government installation.
During the life of this franchise if increase in demand
makes it desirable or necessary to add additional water
facilities for the benefit of the City of Cape Canaveral,
Florida, which by their expense to the City of Cocoa would
create a decrease in anticipated net surplus; then a new
rate schedule to be charged the consumer in the City of
Cape Canaveral shall be negotiated before such facility
is constructed and to be effective after the facility
is installed and in operation.
The charge for connection shall be that as made by the
City of Cocoa Water Department which rate shall be uni-
formly applied to all water consumers in the same zone
being served by the City of Cocoa Water Department.
[Ord. No. 38-64, § 9, 21 Sep 1964]
Sec. 417.10 System Limitations. The City of Cocoa
shall not assume the duty of supplying any portion or any
inhabitants of the City of Cape Canaveral with water be-
yond the reasonable capacity of the water system operated
by it and the pipes laid by it in the City of Cape Canaveral,
or unless the returns shall be commensurate with the invest-
ment, and it shall not be required to extend the said water
pipes to any territory or to any consumer that cannot be
supplied with the system constructed by the City of Cocoa
for the purpose of conveying water into the City of Cape
Canaveral. [Ord. No. 38-64, § 10, 21 Sep 1964]
Sec. 417.11 Franchise Authorized to Promulgate
Regulations. The City of Cocoa shall be authorized and
empowered to make reasonable rules and regulations governing
the use of the said water, time of and manner of payment
for water furnished, including connection and cut-off
charges, and cash deposits insuring payment of charges;
provided the said regulations shall be uniform with reg-
ulations applying to consumers within the City of Cocoa;
and the City shall have the right to discontinue furnishing
water to any consumer who shall not comply with such rules
and regulations. [Ord. No. 38-64, § 11, 21 Sep 1964]
Sec, 417.12 Exemption from Taxation. The right
privilege, franchise and easement herein granted and the
§ 417.12
%,TER SERVICE S,417.14
water pipes, equipment and other real and personal
property of the City of Cocoa now owned or hereafter
acquired by it, and hereafter to be laid, constructed
and used by it, are and shall be public property of the
City of Cocoa, used for public purposes, and shall be
exempt from all taxation, either ad valorem, excise,
license, specific or otherwise, by the City of Cape
Canaveral. During the term of this franchise and agree-
ment it is understood and agreed that if the City of
Cape Canaveral shall levy any utility tax upon the water
service or sales to the consumer, whereby it requires
the City of Cocoa to incur additional administrative
expenses, then, any specific statute or statutes not-
withstanding, the City of Cocoa may charge such amount
of additional administrative expenses as in the opinion
of the City of Cocoa is just and proper against the
individual consumer and said consumer's water charges
will be increased to reflect this utility tax and ad-
ministrative expense for collection. [Ord. No. 38-64,
§ 12, 21 Sep 1964]
Sec. 417.13 Fire Hydrants. The City of Cape
Canaveral shall designate the location of fire hydrants
on the existing mains, or those hereafter laid, and the
City of Cocoa shall install the same, and the City of
Cape Canaveral shall pay the same rental as paid by the
City of Cocoa for rental of hydrants. [Ord. No. 38-64,
§ 13, 21 Sep 1964]
Sec. 417.14 Liability - Bursting of Lines. In case
of the bursting of any of the water mains or pipes in
the waterworks system, or in case it may -become necessary
to repair any part of the waterworks system whereby it
becomes necessary to shut off such water supply tempo-
rarily, the City of Cocoa is hereby authorized to close
any valve or valves in any of the mains as may be neces-
sary for the protection of said waterworks system, or
to meet the exigencies of the case. And it is expressly
convenanted, understood and agreed that the said City of
Cocoa shall in no way be held liable or accountable to
the City of Cape Canaveral for any such bursting, break-
age or accident of any kind that may occur to said water-
works system or water mains, hydrants, valves or other
connections or for any water taken from the City of Cape
Canaveral in connection with the furnishing of said water
as herein provided by the City of Cocoa, and the said
City of Cape Canaveral hereby convenants and agrees to
save, and keep harmless said City of Cocoa from any and
all loss, damage or expense that it may in anywise incur
or suffer by reason of the execution or performance of
this section. [Ord. No. 38-64, § 14, 21 Sep 1964]
§ 417.15
WATER SERVICE § 417.15
Sec. 417.15 Liability - Failure to Supply. It is
mutually convenanted and agreed that the said City of
Cocoa shall not be held accountable or liable, nor shall
it be held or considered as a breach of this contract for
failure on its part to supply water to said City of Cape
Canaveral growing out of any breakage, unavoidable ac-
cident or injury of any kind occuring to the waterworks
system, filtration plant, water mains, or any part there-
of, or on account of any suit proceding judgment or de-
cree in any Court of Record, restraining or interfering
with the City of Cocoa in carrying out this contract on
its part, nor shall it be held liable or accountable
under this agreement for any failure to supply water
growing out of any lack of fuel or power to operate its
system occasioned by any accident, act of God beyond its
control, the act of the elements, strikes, riots or
public enemy, but the City of Cocoa expressly covenants
and agrees to use due diligence and care to perform its
contract upon its part and use all. due diligence to re-
pair or replace any and all breakings. [Ord. No. 38-64,
§ 15, 21 Sep 1964]
,Ao
§ 419.01
ELECTRIC POWER SERVICE
CHAPTER 419
ELECTRIC POWER SERVICE
§ 419.03
Sec. 419.01 Electric Light and Power Franchise Granted;
Term. That there is hereby granted to Florida Power and
Light Company (herein called the "Grantee"), its successors
and assigns, the nonexclusive right, privledge or franchise
to construct, maintain and operate in, under, upon, over
and across the present and future streets, alleys, bridges,
easements and other public places of the City of Cape
Canaveral, Florida, (herein called the "Grantor") and
its successors, in accordance with established practice
with respect to electrical construction and maintenance
for the period of thirty (30) years from the date of ac-
ceptance hereof, electric light and power facilities
(including conduits, poles, wires and transmission lines,
and, for its own use, telephone and telegraph lines) for
the purpose of supplying electricity to Grantor, and its
successors, the inhabitants thereof, and persons and cor-
porations beyond the limits thereof [Ord. No. 5-62, § 1,
28 Aug 1962]
Sec. 419.02 System Purchase by City Reserved. 'That
Grantor hereby reserves the right at and after the expira-
tion of this grant to purchase the property of Grantee used
under this grant, as provided by the Laws of the State of
Florida, in effect at the time of Grantee's acceptance
hereof, including § 167.22 of the Florida Statutes and
as a condition precedent to the taking effect of this
grant, Grantee shall give and grant to the Grantor the
right to purchase so reserved. Grantee shall be deemed
to have given and granted such right of purchase by its
acceptance hereof which shall be filed with the Grantor's
clerk within thirty (30) days after August 28, 1962.
[Ord. No. 5-62, § 2, 28 Aug 1962]
Sec. 419.03 Regulation of Facilities. That the
facilities shall be so located or relocated and so
erected as to interfere as little as possible with traf-
fic over said streets, alleys, bridges and public places,
and with reasonable egress from and ingress to abutting
property. The location or relocation of all facilities
shall be made under the supervision and with the approval
of such representatives as the governing body of Grantor
may designate for the purpose, but not so as unreasonably
to interfere with the proper operation of Grantee's
facilities and service. That when any portion of a
§ 419.03
FT FCTRIC POWER SERVICE § 419.07
street is excavated by Grantee in the location or re-
location of any of its facilities, the portion of the
street so excavated shall, within a reasonable time and
as early as practicable after such excavation, be re-
placed by the Grantee at its expense and in as good
condition as it was at the time of such excavation.
[Ord. No. 5-62, § 3, 28 Aug 1962]
Sec. 419.04 Liability Limited. That Grantor shall
in no way be liable or responsible for any accident or
damage that may occur in the construction, operation or
maintenance by Grantee of its facilities hereunder, and
the acceptance of this franchise shall be deemed an agree-
ment on the part of Grantee, to indemnify Grantor and hold
it harmless against any and all liability, loss, cost,
damage or expense, which may accrue to Grantor by reason
of the neglect, default, or misconduct of Grantee in the
construction, operation or maintenance of its facilities
hereunder. [Ord. No. 5-62, § 4, 28 Aug 1962]
Sec. 419.05 Rates to be Reasonable. That all rates
and rules and regulations established by Grantee from
time to time shall at all times be reasonable and Grantee's
rates for electricity shall at all times be subject to
such regulation as may be provided by law. [Ord. No. 5-62,
§ 5, 28 Aug 1962]
Sec. 419.06 Franchise Fee Assessed. That within
thirty (30) days after the first anniversary date of this
grant and within thirty (30) days after each succeeding
anniversary date of this grant, the Grantee, its successors
and assigns, shall pay to the Grantor and its successors an
an amount which added to the amount of all taxes, licenses,
and other impositions levied or imposed by the Grantor upon
the Grantee's electric property, business, or operations
and those of Grantee's electric subsidiaries for the pre-
ceding tax year, will equal six percent (6%) of Grantee's
revenues from the sale of electrical energy to residential
and commercial customers within the corporate limits of
the Grantor for the twelve (12) fiscal months preceding
the applicable anniversary date. [Ord. No. 5-62, § 6,
28 Aug 1962]
Sec. 419.07 City Competition Disallowed. As a further
consideration of this franchise, said Grantor agrees not
to engage in the business of distributing and selling
electricity during the life of this franchise or any ex-
tension thereof in competition with the Grantee, its
successors and assigns. [Ord. No. 5-62, § 7, 28 Aug 1962]
) ( § 419.08 ELECTRIC POWER SERVICE 5 419.08
Sec. 419.08 Default. That failure on the part of
Grantee to comply in any substantial respect with any of
the provisions of this franchise, shall be grounds for a
forfeiture of this grant, but no such forfeiture shall
take effect if the reasonableness or propriety thereof
is protested by Grantee until a court of competent jur-
isdiction (with right of appeal in either party) shall
have found that Grantee has failed to comply in the sub-
stantial respect with any of the provisions of this
franchise, and the Grantee shall have six (6) months
after the final determination of the question, to make
good the default before a forfeiture shall result with
the right in Grantor at its discretion to grant such
additional time to Grantee for compliance as necessities
in the case require. [Ord. No. 5-62, § 8, 28 Aug 1962]
§ 501.01
STREETS
CHAPTER 501
ESTABLISHMENT OF STREETS
501.03
Sec. 501.01 Authority to Plan Streets. This Chapter
is adopted pursuant to the provisions of Florida Special
Acts, Chapter 63-1144. The purpose of these sections is
to formulate and propose the reservation of locations for
proposed future streets in connection with the preparation
of the comprehensive plan or portions thereof. The Plan-
ning and Zoning Board of the City of Cape Canaveral,
Florida, is hereby designated as the planning commission
provided for in said Special Acts. [Ord. No. 24-72, § 1,
2 Jan 1973]
Sec. 501.02 Legal Status of Comprehensive Plan. When-
ever a comprehensive plan for the area, or a portion of
such plan corresponding generally with a functional sub-
division of the subject matter or a geographic subdivision
of the area has been adopted by the Planning and Zoning
Board and approved by the City Council, then and thence-
forth no street, park or other public way, ground, place
or space, and no public building or structure shall be
constructed, altered or authorized in the area until and
unless the location and extent thereof shall have been
submitted to the Planning and Zoning Board for a report
on its approval or disapproval, including the reasons
therefor. Within thirty (30) days after the request for
such report has been received by the Planning and Zoning
Board or within such other time limit as shall be agreed
upon either such report shall be made or failure of the
said Board to act shall be deemed approval. The Planning
and Zoning, Board's report may be overruled by a majority
vote of the entire membership of the City Council.
(Ord. No. 24-72, § 2, 2 Jan 1973]
Sec. 501.03 Reservation of Location of Mapped Streets
for Future Public Acquisition. After adoption of that
portion of the comprehensive plan involving a major
street plan for an area, the City Council may direct the
Planning and Zoning Board to make or cause to be made sur-
veys for the exact location of the lines of a street or
streets in any portion of the area and to make a plat of
the territory thus surveyed, showing the land which it
recommends be reserved for future acquisition for public
streets.
The Planning and Zoning Board, before adopting any such
plat, shall first obtain the approval of the City Engineer
and the City Planner, then hold a public hearing thereon
with due public notice.
§ 501.03
STREETS § 501.03
After such hearing the Planning and Zoning Board may
transmit the plat as originally made, or modified to
the City Council, together with the Planning and Zoning
Board's estimate of the time or times within which the
lands shown on the plat as streets location should be
acquired by the City. Thereupon, the City Council may
approve and adopt or may reject any such plat, or may
modify it with the approval of the Planning and Zoning
Board, or in the event of the Planning and Zoning Board's
disapproval of the modification, the City Council, may,
by a favorable vote of not less than four -fifths (4/5)
of its entire membership, modify such plat and adopt the
modified plat. In the Chapter adopting such plat the City
Council shall fix the period of time for which the street
locations shown on the plat shall be deemed reserved for
future taking or acquisition for public use. Said period
of time not to exceed twenty (20) years. Upon such adop-
tion, the City Clerk shall transmit for recording in the
public records, one approved copy of the plat to the Clerk
of the Circuit Court of Brevard County and retain one copy
for the purpose of public examination.
Such approval and adoption of a plat shall not be deemed
the opening or establishment of any street, nor the taking
of any land for street purposes nor public use, nor as a
public improvement, but solely as a reservation of the
street locations shown thereon, for the period specified
in Chapter of the governing body for future taking or
acquisition for public use. The Planning and Zoning
Board or any other official or agency of the City may, at
the direction of the City Council, negotiate for or secure
from the owner or owners of any such lands releases of
claims for damages or compensation for such reservation
or agreements indemnifying the City for such claims by
others, which releases or agreements shall be binding upon
the owner or owners executing the same and their successors
in title.
At any time after the filing of a plat with the Clerk of
the Circuit Court or other recording official, and during
the period specified for the reservation, the Planning and
Zoning Board acting upon the instructions of the City
Council and the owner of land containing a reserved
street location may agree upon a modification of the
location of the lines of the proposed street, such agree-
ment to include a release by said owner of any claim. for
compensation or damages by reason of such modifications;
and thereupon the Planning and Zoning Board may make a
plat corresponding to the said modification and transmit
§ 501.03
STREETS § 501.05
the same to the City Council and if such modified plat be
approved by the City Council the City Clerk shall trans-
mit for recording an approved copy thereof to the Clerk
of the Circuit Court and said modified plat shall take
the place of the original plat.
After obtaining recommendations from the Zoning and Plan-
ning Board and holding public hearings with due notice,
the City Council may abandon or amend any reservation
and shall certify such abandonment or amendment to the
County Clerk or other recording official. [Ord. No.
24-72, § 3, 2 Jan 1973]
Sec. 501.04 Buildings in Reserved Street Locations.
After street locations have been reserved, as indicated
in 5 501.02, no building permit shall thereafter be issued
for construction or alteration of any building in the bed
of any such street, nor shall any building be in the bed
of any street, nor shall any buildings be built therein;
provided, however, that if the land within such mapped
street is not yielding a fair return on its value to the
owner, the Planning and Zoning Board shall have power in
a specific case by the vote of a majority of its members
to recommend to the City Council that a special permit
be issued for a building in such street which will as
little as practicable increase the cost of opening such
street or tend to cause a change in the comprehensive
plan, and such board may recommend reasonable requirements
as a condition of granting such special permit. Before
taking any action authorized in this Section, the Plan-
ning and Zoning Board shall hold a public hearing and
with due public notice, at which parties in interest and
others shall have an opportunity to be heard, and there-
after the recommendations of the said Board shall be
submitted to the City Council for determination. [Ord.
No. 24-72, § 4, 2 Jan 1973]
Sec. 501.05 Closing and Abandonment of Streets;
Authority.
(A) The City Council, with respect to property under
its control, may in its own discretion, and of its own
motion, or upon the request of any agency of the state,
county, or of the federal government, or upon petition
of any person or persons, is hereby authorized and em-
powered to:
(1) Vacate, abandon, discontinue and close any
existing public or private street, alleyway, road,
§ 501.05
STREETS § 501.06
highway, or other place used for travel, or any por-
tion thereof, other than a state, county, or federal
highway or road, and to renounce and disclaim any
right of the city and the public in and to any land in
connection therewith;
(2) Renounce and disclaim any right of the city
and the public in and to any land, or interest there-
in, acquired by purchase, gift, devise, dedication or
prescription for street, alleyway, road or highway
purposes, other than lands acquired for state, county,
and federal highway; and
(3) Renounce and disclaim any right of the city
and the public in and to land, other than land con-
stituting, or acquired for, a state, county or federal
highway, delineated on any recorded map or plat as a
street, alleyway, road or highway.
(B) The City Council, upon such motion, request or
petition, may adopt a resolution declaring that at a
definite time and place a public hearing will be held
to consider the advisability of exercising the authority
granted in this section. [Ord. No. 23-63, §2,19 Dec 1963]
Sec. 501.06 Closing and Abandonment of Streets;
Publication of Notice. Before any such street shall be
closed and vacated, or before any right of interest or
the city or public in any land delineated on any recorded
map or plat as a street shall be renounced and disclaimed,
the Council shall hold a public hearing, and shall publish
notice thereof, one time, in a newspaper of general cir-
culation in such city at least two weeks prior to the
date stated therein for such hearing. After such public
hearing, any action of the Council, as herein authorized,
shall be evidenced by a resolution duly adopted and entered
upon the minutes of the City Council. The request of any
agency of the state, county, or of the United States, or
of any person, to the City Council to take action shall
be in writing and shall be spread upon the minutes of the
City Council; provided, however, that the City Council of
its own motion and discretion, may take action for the
purposes hereof. Notice of adoption of such a resolution
by the City Council shall be published one time, within
thirty days following its adoption, in one, issue of a
newspaper of general circulation in the City. The proof
of publication of notice of public hearing, the resolution
as adopted, and the proof of publication of the notice of
the adoption of such resolution shall be recorded in the
deed records of the county. [Ord. No. 23-63, § 3, 19 Dec
1963]
§ 503.01
SUBDIVISION OF LAND
CHAPTER 503
SUBDIVISION OF LAND
§ 503.02
Sec. 503.01. Declaration of Purpose. The City Coun-
cil of the City of Cape Canaveral, Florida, hereby
delegates to the Planning and Zoning Board of the City
the powers herein expressed.
The procedures and standards for the development and sub-
division of real estate and for the surveying and plat-
ting thereof, adopted and prescribed by this chapter are
hereby found by the Council to be necessary and appropriate
in order to provide for economical and sufficient streets
with adequate widths and with proper alignment and grades
designed to promote the public safety, health and general
welfare, to provide for suitable residential neighborhoods
with adequate streets and utilities and other improvements
and facilities and appropriate building sites, to save
unnecessary expenditures of public funds by initial proper
construction thereof, and to provide proper land records
for the convenience of the public and for improved identi-
fication and permanent location of real estate boundaries.
These requirements are the minimum deemed necessary for
the protection of the public health, safety and welfare.
[Ord No. 12-62, § 1, 17 Oct 1962]
Sec. 503.02 Definitions. For the purpose of this
chapter, certain words and terms used herein are defined
as follows:
Alley - A minor roadway which is used primarily for
vehicular service access to the back or the. side of prop-
erties otherwise abutting on a street.
Board - The Cape Canaveral Planning & Zoning Board
of the City of Cape Canaveral, Florida.
Bridge - A structure erected over a depression or an
obstacle as over a river, canal or street, and carrying
a roadway for passenger or vehicle traffic.
Bulkhead - A retaining wall or structure designed to
prevent the erosion of land by water action.
Bulkhead Line - An artifical line established in or
along a river, watercourse, or body of water designating
the maximum distance or limit that land filling will be
permitted.
§ 503.02 SUBDIVISION OF LAND § 503.02
Canal - An artifical watercourse, trench or ditch in
the earth for confining water to a defined channel.
City - The City of Cape Canaveral, Florida.
Comprehensive Plan - A plan, which may consist of
several maps, data and other descriptive matter, for the
physical development of the City or any portion thereof
including any amendments, extensions or additions thereto
adopted by the Commission, indicating the general locations
for major roads, parks or other public open spaces, public
building sites, routes for public utilities, zoning dis-
tricts or other similar information.
Council - The City Council of the City of Cape Canaveral,
Florida.
Cul-de-sac - A street having one open end and being
permanently terminated by a vehicular turn -around.
Dedication - The deliberate appropriation of land by
its owner for any general and public uses, reserving to
himself no other rights than such as are compatible with
the full exercise and enjoyment of the public uses to
which the property has been devoted.
Easement - A right-of-way granted for limited use of
private property for a public or quasi -public purpose.
Finger - A manmade portion of land nearly surrounded
by water, consisting of a roadway ending in a cul-de-sac
and lots on both sides of the road; the lots abut the
roadway and the water.
Lot - A tract or parcel of land identified as a single
unit in a subdivision.
(A) Lot Depth: A distance measured in the mean di-
rection of the sidelines of the lot from the midpoint of
the front lot line to the midpoint of the opposite main
rear line of the lot.
(B) Lot Width: The mean horizontal distance between
the side lines measured at right angles to the depth.
Retainer Wall - See Bulkhead.
Right -of -Way - Land reserved, used or to be used for
a street, alley, walkway, drainage facility or other
public purpose.
§ 503.02
SUBDIVISION OF LAND § 503.02
Street - The term "street" means a public way for
vehicular traffic whether designated as a street, high-
way, thoroughfare, parkway, thruway, road, boulevard,
lane, place, or however designated.
(A) Arterial Streets and Highways. Those which are
used primarily for through traffic.
(B) Collector or Feeder Streets. Those which carry
traffic from minor streets to the major system of
arterial streets or highways, including the principal
entrance streets of residential development and streets
for circulation within such a development.
(C) Marginal Access Streets. Minor streets which
are parallel and adjacent to arterial streets and high-
ways and which provide access to abutting properties and
protection from traffic.
(D) Minor Streets. Those which are used primarily
for access to abutting property.
(E) Expressways. Streets or highways intended for
fast and heavy traffic traveling a considerable distance
on which points of ingress or egress and crossings are
controlled, limited or separated.
(F) Half -Street. A street generally parallel and
adjacent to the boundary of a tract, having a lesser
right-of-way width than required for a full width of
the type involved.
Sketch Plan - An informal plan indicating the salient
existing features of the site and its surroundings as
described in § 503.03 and the general layout of a pro-
posed subdivision
Sight Distance - The minimum extend of an unobstructed
forward vision (in a horizontal plane) along a street
from a vehicle located at any given point, on a street.
Subdivider - A person, firm or company who undertakes
the activities covered by these regulations particularly
the drawing up of a subdivision plat showing the layout
of the land and the public improvements involved therein.
Inasmuch as the subdivision plat is merely a necessary
means to the end of assuring a satisfactory development,
the term "subdivider" is intended to include the term
"developer," even though the persons involved'in succes-
sive stages of the project may vary.
§ 503.02
SUBDIVISION OF LAND § 503.03
Subdivision - The term "subdivision" as used herein,
means the division of a parcel of land into two or more
lots or parcels for the purpose of transfer of ownership
or building development, or if a new street is involved,
any division of a parcel of land. The term "subdivision"
includes resubdivision and when appropriate to the con-
text, shall relate to the process of subdividing, or to
the land subdivided.
Utilities - The term utilities shall mean water, sewage,
drainage, electric light and power, telephone and gas
lines. [Ord. No. 12-62, § 2, 17 Oct 1962]
Sec. 503.03 Preapplication Procedure.
(A) Information Furnished by Subdivider. Prior to
filing of an application for conditional approval of a
preliminary plat (General Subdivision Plan) the Sub-
divider shall familiarize himself with the requirements
of this chapter, the City's zoning ordinance and the com-
prehensive plan of the City. He shall then submit to the
Board, through the City Council, plans and data consisting
of the following:
(1) General Subdivision Information which shall
describe or outline the existing conditions of the
site and the proposed development necessary to sup-
plement the drawings required below. This information
may include data on existing convenants, land charac-
teristics, and available community facilities, utilities,
and information describing the subdivision proposal,
such as number of residential lots, typical lot width
and depth, price range, business areas, playgrounds
and park areas and public areas, proposed protective
convenants and proposed utilities and street improve-
ments.
(2) Location Map which shall show the relationship
of the proposed subdivision to the existing community
facilities which serve or influence the subdivision.
It shall include development name and location, main
traffic arteries, public transportation lines, shop -
'ping centers, elementary and high schools, parks and
playgrounds, principal places of enjoyment, and other
community features such as railroad stations, airports,
hospitals, churches, title, scale, north arrow and
date.
(3) Sketch Plan. A sketch plan on a topograhpic
survey shall show in simple sketch form the proposed
§ 503.03
SUBDIVISION OF LAND § 503.04
layout of streets, utilities, lots and other features
in relation to the existing conditions. The sketch
plan may be a free -hand pencil sketch made directly
on a print of the topographic survey.
(B) Planning and Zoning Board.
(1) Procedure. Upon receipt of the information
required of the Subdivider, as outlined above, the
Board will:
(a) Confer with the Subdivider and review the
information furnished by the Subdivider. It shall
then notify the Commission, in writing, of the
receipt of the Preapplication Information.
(b) After consultation with the City's Engineer
the Board shall inform the Subdivider, in writing,
that the plans and data as submitted, or as modified,
do or do not meet the objectives of these regulations.
When the Board finds that plans and data do not meet
the objectives of these regulations, it shall express
the reasons therefor.
(c) Purpose of the Pre -Application Procedure
is to afford the Subdivider an opportunity to avail
himself of the advice and assistance of the Board,
and to consult early and informally with the Board
before preparation of the preliminary plat and be-
fore final application for its approval, in order
to save time and money and to come to a mutual
understanding of the initial proposal. [Ord. No.
12-62, § 3, 17 Oct 1962]
Sec. 503.04 Procedure for Conditional Approval of
Preliminary Plat.
(A) Information Furnished by the Subdivider.
(1) General: Upon an agreement being reached between
the Subdivider and the Board regarding the informal rec-
ommendations in the Pre -Application Procedure on the
General Program and Objectives, the Subdivider shall
cause a Preliminary Plat to be prepared, together with
improvement plans and other supplementary material, as
follows:
(a) Topographic Map
(b) Preliminary Plat
§ 503.04 SUBDIVISION OF LAND § 503.04
(c) Other Preliminary Plans, consisting of
profiles showing existing ground surfaces and pro-
posed street grades, including extensions for a
reasonable distance beyond the limits of the pro-
posed subdivision; typical cross sections of the
proposed grading, roadway and sidewalks, preliminary
plan of proposed sanitary sewers with grades and
sizes indicated.
(d) Draft of Protective Covenants whereby the
Subdivider proposes to regulate land use in the
subdivision and otherwise protect the proposed
development.
The above material shall besubmitted by the Sub-
divider, in five copies, to the Board through the
City Council with a written application for con-
ditional approval, at least fifteen (15) days
prior to the meeting at which the application is
to be considered.
(e) Space for Signatures of the Chairman of
the Board and the City's Engineer shall be provided
on the preliminary plat, in accordance with Exhibit
A.
(B) Board Procedure.
(1) Following a review of the Preliminary Plat
and other material submitted for conformity thereof
to these regulations and negotiations with the Sub-
divider on changes deemed advisable and the kind and
extent of the improvements to be made by him, and after
consultation with the City's Engineer, the Board shall,
within forty (40) days act thereon as submitted, or
modified, and if approved, the Board shall express in
writing, its approval as "Conditional Approval" and
state the conditions of such approval, if any, or if
disapproval, shall express its disapproval and its
reasons therefor.
(2) The action of the Board and recommendations of
the City's Engineer shall be noted on all copies sub-
mitted of the Preliminary Plat, referenced and attached
to any conditions determined; two copies of which shall
be returned to the Subdivider; one copy to be forwarded
to the City Council; one copy to be retained by the
Board, and one copy to be forwarded to the City's
Engineer.
P § 5 0 3. 0 4 SUBDIVISION OF LAND § 503.05
(C) Purpose of Conditional Approval of Preliminary
Plat. Conditional approval of the Preliminary Plat shall
not constitute approval of the Final Plat (subdivision
plat), rather shall be deemed an expression of approval
of the layout submitted on the Preliminary Plat as a guide
to the preparation of the Final Plat which will be sub-
mitted for approval of the Board and for recording upon
fulfillment of the requirements of these regulations and
the conditions of the Conditional Approval, if any. [Ord.
No. 12-62, § 4, 17 Oct 1962]
Sec. 503.05 Procedure for Approval of Final Plat.
(A) General.
(1) The Final Plat shall conform substantially to
the Preliminary Plat as approved, and if desired by
the Subdivider, it may constitute only that portion of
the approved Preliminary Plat which he proposes to
record and develop at the time, provided, however, that
such portion conforms to all requirements of these
regulations.
(2) Application for approval of Final Plat shall
be submitted in writing to the Board throuah the City
Council at least fifteen (15) days prior to the meeting
at which it is to be considered.
(3) Five copies of the Final Plat and other exhibits
required for approval shall be prepared as specified in
PART II - PLATS AND DATA, and shall be submitted to the
Board within six (6) months after the approval of the
Preliminary Plat; otherwise such Preliminary Plat
approval shall become null and void, unless an extension
of time is applied for and granted by the Board.
(B) Application for Approval of the Final Plat shall be
accomplished by:
(1) A certificate by the City's Engineer certifying
that the Subdivider has complied with one of the following
alternatives:
(a) All improvements have been installed in
accordance with the requirements of these regulations
and with the action of the Board giving Conditional
Approval of the Preliminary Plat, or
(b) A bond, approved by the City Attorney, or
certified check has been deposited with the City
§ 503.05
SUBDIVISION OF LAND § 503.05
Clerk, and in sufficient amount to assure completion
ofall required improvements, or
(c) He has delivered to the City a promissory
note secured by a real property mortgage in favor
of the City and acceptable to and approved by the
City Council, in sufficient amount to assure com-
pletion of all required improvements.
(1) In event that the bond, certified check or
promissory note and mortgage is given to assure
that the required improvements will be completed
by the Subdivider, the City Council may, at its
option, upon request of the Subdivider issue im-
provement bonds which shall be payable from special
assessment liens to be levied against the property
proposed to be improved, or other applicable State
laws, as determined by the City Council and approved
by the City's attorney. Upon receipt of assurance
that the assessment bonds can be sold, the City
may proceed with the issuance of such improvement
bonds, provided that the plat conforms to all re-
quirements set forth herein. The said bond,
certified check, or proceeds thereof, or promis-
sory note and mortgage shall be held by the City
until such time as the City has received payment
in full for the bonds, at which time the bond or
certified check, or proceeds thereof, shall be
returned to the Subdivider, or the promissory note
and mortgage shall be satisfied by the City.
(2) All protective covenants shall be in form
for recording.
(3) Other data: Such other certificates,
affidavits, endorsements or deductions as may
be required by the Board in the enforcement of
these regulations.
(4) Recommendations of the Board: Following
a review of the Final Plat and other material sub-
mitted for conformity thereof to these regulations,
the Board shall submit its recommendations regard-
ing the plat to the commission. The Commission
shall act on the Board's recommendations at its
next regular meeting provided that at least five
(5) days have elapsed between the date of receipt
of the Board's recommendation and the date on
which it will be considered by the Commission.
503.06
SUBDIVISION OF LAND § 503.07
Sec. 503.06 Pre -Application Plans and Data.
(A) General Subdivision Information as described in
§ 503.03.
(B) Location Map as described in § 503.03.
(C) Sketch Plan as described in § 503.03.
Sec. 503.07 Plats and Data for Conditional Approval.
(A) Topographic Data as required as a basis for the
Preliminary Plat in paragraph (B) below shall include
existing conditions as follows, except when otherwise
specified by the Board..
(1) Boundary Lines: bearings and distances.
(2) Easements: location, width and purpose.
(3) Streets: on and adjacent to the tract; name
and right-of-way width and location: type, width and
elevation of surfacing; any legally established center-
line elevations; walks; curbs; gutters; culverts, etc.
(4) Utilities: on and adjacent to the tract; lo-
cation and size and invert elevation of sanitary, storm
and combined sewers; location and size of water mains;
location of gas lines, fire hydrants, electric and tele-
phone poles, and street lights, if water mains and sewers
are not on or adjacent to the tract, indicate the direction
and distance to, and size of nearest ones, showing invert
elevation of sewers.
(5) Ground elevations: on the tract, based on a
datum plane approved by the City's Engineer: for land
that slopes less than approximately two percent (2%),
show spot elevations at all break in grade, along all
drainage channels or swales, and at selected points not
more than 100 feet apart in all directions; for land
that slopes more than approximately two percent (2%),
either show contours with an interval of not more than
five (5) feet if ground slope is regular and such in-
formation as is sufficient for planning purposes, or
show contours with an interval of not more than two
(2) feet if necessary because of irregular land or
need for more detailed data for preparing plans and
construction drawings.
5 503.07
SUBDIVISION OF LAND § 503.07
(6) Subsurface conditions on the tract: location
and results of tests made to ascertain subsurface soil,
rock and ground water conditions; depth to ground water
unless test pits are dry at a depth of five feet; lo-
cation and results of soil percolations tests if
individual sewage disposal systems are proposed.
(7) Other conditions on the tract: water courses,
marshes, rock outcrop, wooded areas, isolated pre-
servable trees one foot or more in diameter, houses,
barns, shacks and other significant features.
(8) Other conditions on adjacent land: approximate
direction and gradient of ground slope, including any
embankments or retaining walls; character and location
of buildings, railroads, power lines, towers, and other
nearby nonresidential land uses or adverse influences;
owners of adjacent unplatted land; for abutting platted
land refer to subdivision plat by name, recording date,
and number, and show approximate percent buildup,
typical lot size, and dwelling type.
(9) Zoning on and adjacent to the tract.
(10) Proposed public improvements: highways or
other major improvements planned by public authorities
for future construction on or near tract..
(11) Key plan showing location of the tract.
(12) Photographs of the tract, at the request of
the Board.
(13) Title and Certificates: Present tract des-
ignation according to official records in office of
appropriate recorder; title under which proposed sub-
division is to be recorded with names and addresses
of owners, notation stating acreage, scale, north
arrow, datum, benchmarks, certification of registered
civil engineer or surveyor, date of survey.
(B) Preliminary Plat (general subdivision plat) shall
be at a scale of one hundred (100) feet to one (1) inch
or larger. It shall show all existing conditions required
in subsection (A) above, "Topographic Data." and shall
show all proposals including the following:
(1) Streets: names, right-of-way and roadway width;
approximate grades and gradient; similar data for alleys,
if any.
§ 503.07
SUBDIVISION OF LAND
§ 503.08
(2) Other right-of-way or easements: location,
width and purpose.
(3) Location of utilities, if not shown on other
exhibits.
(4) Lot lines, lot numbers and block numbers.
(5) Public use sites, if any to be reserved or
dedicated for parks, playgrounds or other public uses.
(6) Other sites, if any, for multifamily dwellings,
shopping centers, churches, industry or other nonpublic
uses, exclusive of single-family dwellings.
(7) Setbacks, minimum building setback lines.
(8) Site data, including number of residential lots,
typical lot size and .acres in parks, etc.
(9) Owner, scale, north arrow and date.
(C) Other Preliminary Plans. The Preliminary Plat shall
be accompanied by profiles showing existing ground surface,
or proposed elevations of fill, and proposed street grades,
including extensions for a reasonable distance beyond the
limits of the proposed subdivision; typical cross sections
of the proposed grading, roadway and sidewalk; the pre-
liminary plan of proposed sanitary and storm water sewers
with grades and sizes indicated. All elevations shall be
based on a datum plane as projected from known benchmarks
as listed by location and elevation in the State of Florida
Department of Conservation - Geological Bulletin #32,
"Elevations in Florida" or by the Coastal Geodetic Survey
U. S. Department of the Interior.
Sec. 503.08 Plats and Data for Final Approval.
(A) The Final Plat shall be drawn by the subdivision
to conform to the requirements of the City Commission
and the Board of County Commissioners of Brevard County,
Florida, for approval and filing with the County Clerk.
Six transparancy or printable copies of the Final Recorded
Plat shall be prepared by the subdivision for the Records
of the City of Cape Canaveral, Florida, and shall be sub-
mitted to the City Clerk not later than ten (10) days after
recording in the records of Brevard County. The Final
Plat shall also conform to the regulations as outlined
herein.
§ 503.08
SUBDIVISION OF LAND § 503.08
(1) Primary control points or descriptions and
"ties" to such control points, to which all dimensions,
angles, bearings and similar data on the plat shall be
referred.
(2) Tract boundary lines, right-of-way lines of
streets, easements and other right-of-way, and property
lines of residential lots and other sites; with accurate
dimensions, bearings or deflection angles, and radii,
arc, and central angles of all curves.
(3) Name and right-of-way width of each street or
other right-of-way.
(4) Locations, dimension and purpose of any easements.
(5) Number to identify each lot and block.
(6) Purpose to which sites are dedicated or reserved.
(7) Minimum building setback line on all lots and
other sites.
(8) Location and description of monuments.
(9) Names of record owners of adjoining unplatted
land, at the option of the Board.
(10) Reference to recorded subdivison plats of
adjoining platted land by record name, date and number.
(11) Certification by registered surveyor or regis-
tered engineer certifying to accuracy of survey or plat.
(12) Certification of title showing that applicant
is the land owner.
(13) Dedication statement by owner dedicating streets,
rights -of -way, including waterways and all sites for
public use.
(14) Title, scale, north arrow and date on each sheet.
(15) Certification of approval by the Board and
Council.
(B) Cross Sections and Profiles of Streets, showing.
grades approved by the City's Engineer. The profiles shall
be drawn to City standard scales and elevations, and shall
be based on a datum plane approved by the City's Engineer.
07;
§ 503.09
SUBDIVISION OF LAND § 503.09
Sec. 503.09 Required Improvements.
(A) Permanent Markers.
(1) Within thirty (30) days after the approved Final
Plat has been filed and recorded in the Office of the
Brevard County Clerk, the subdivider, or property owner,.
shall cause a registered surveyor to install permanent
concrete monuments to be erected on the corner and end
of all property to be dedicated to the City for streets,
parks, playgrounds orother public purposes. He shall
also install such monuments at corners of the blocks.
(2) Where angles and curves occur in street or ease-
ment lines, such monuments shall be placed at all angle
points, points of curve and points of tangency. When
the aforesaid monuments have been installed, the regis-
tered surveyor shall notify the City's Engineer who will
then inspect the installation in the presence of the
registered surveyor. If the work has been completed
satisfactorily, in the opinion of the City's Engineer,
he will notify both the owner and the registered surveyor
in writing that such work meets the requirements of this
section.
(3) The monuments must be of such material, and size
as approved by the City Engineer.
(4) Iron pipes shall be placed at all lot corners.
(B) Elevation Control.
(1) Elevations are referred to United States Coast
and Geodetic Datum.
(2) One monument with bronze disk will be required
in each subdivision or at least one per fifty units in
larger subdivisions. The location of the monuments must
be approved by the City Engineer.
(3) Specifications. A 3-inch flat, circular bronze
disk, three -sixteenths of an inch thich with a one by two -
and -one -half -inch stem at the bottom of which is a base
one and one-half inches in diameter and three -sixteenths
of an inch thick. This marker is cemented in a drill hole
in solid rock, in a bridge abutment, or other permanent
masonry structure. Inscription to read: Florida, B. M.
No. , Elev. , and Cape Canaveral.
§ 503.09 SUBDIVISION OF LAND
§ 503.09
(C) Utility and Street Improvements.
(1) Water Supply. All residential structures shall
be connected to the City Water Supply. Additionally,
fire hydrants shall be placed so that the area served
must fall within 500 feet radium or 650 feet along the
street. Minimum size of the fire hydrant main shall
be six (6) inches and specifications shall conform to
American Water Works Association requirements. All
Public water plans and specifications must be approved
by the City Engineer and the Florida Board of Health.
(2) Public Sewer plans and specifications must be
approved by the City Engineer and the Florida Board
of Health.
(3) Storm drainage, ground water drainage and other
drainage improvements plans and specifications must be
approved by the City Engineer.
(4) Streets
(a) Arterial streets cross sections in accordance
with the City Master Plan and as determined by the
City Engineer and approved by the Planning Board.
(b) Collector streets shall have a sixty (60) ft.
R.O.W., two twenty (20) ft. pavements, four (4) ft.
separation strip, five (5) ft. sidewalk on each side,
or a sixty (60) ft. R.O.W., forty (40) ft. pavement,
four (4) ft. sidewalk on each side.
(c) Minor streets for row houses and apartments
shall have a sixty (60) ft. R.O.W., thirty-six (36)
ft. pavement, five (5) ft. sidewalkon each side.
For other residences, minor streets shall have a
fifty (50) ft. R.O.W., twenty-four (24) ft. pave-
ment, five (5) ft. sidewalk on each side.
(d) Marginal access, fifty (50) ft. R.O.W.,
twenty-four (24) ft. pavement, five (5) ft. side-
walk on each side.
(e) Streets along development boundaries, and
streets connecting a development with existing im-
proved street systems require cross sections as
determined by .the City Engineer and approved by
the Planning Board.
§ 503.09
SUBDIVISION OF LAND § 503.09
(f) Alleys must be paved full width, twenty
(20) feet minimum, as per approval of the City
Engineer.
(g) Grades on streets require plans and profiles
to be approved by the City Engineer.
(h) Radii of pavements at street intersections
shall not be less than 30.ft. at edge of pavement or
face of curb line.
(i) All right-of-way for streets, roads, and
drainage easements are to be cleared for their full
width and upon completion, left in a clean and neat
condition and, if required to prevent erosion or ex-
cessive washing, said areas abutting the street and
ditches to be sprigged with grass, or other protective
measures taken as required by the City Engineer.
(j) All necessary drainage easements shall be
furnished at no expense to the City.
(k) The developer shall give the City Engineer
at least two weeks notice in writing by registered
letter before the commencement of any construction.
(1) The developer shall have available a qualified
engineer or assistant for the purpose of setting all
line and grade stakes when required by the contractor
or inspector.
(m) The City of Cape Canaveral may have an in-
spector on the project when deemed necessary, by
the City Engineer, during the construction period
and said inspector shall be authorized to enforce
the construction of said work in accordance with the
plans and specifications covering same, and that said
inspector shall be furnished with a complete set of
plans and specifications covering same, and that said
inspector shall be furnished with a complete set of
plans and specifications for this purpose. If any
change is required in said plans during the period
of construction, such changes must first be approved
by the City Engineer.
(n) All pavement shall be not less than twenty-
four (24) feet from roadside face of curb,
(o) All pavement shall be one of the following
types, having a minimum thickness of six (6) inches,
§ 503.09
SUBDIVISION OF LAND § 503.09
and as prescribed by the Brevard County Specifications,
and no other:
Limerock Stabilized Base. Limerock base will only
be used in well drained areas not having a high or
fluctuating water table. The area must be approved
by the City Engineer.
Soil -Cement Base. Design of the mixture shall
be submitted to the City Engineer for all approval
before processing begins. Wit -dry test cylinders
shall have a p.s.i. compressionvalue of 300 pounds
or greater at seven days.
Sand Bituminous Road Mix. Design of the mixture
shall be submitted to the City Engineer for approval
before processing starts. The design will include
the amount of bitumen by volume to be supplied per
inch of depth per square yard of surface, the maximum
obtainable density per cubic foot with optimum bitumen
content.
(p) The Pavement Surface of streets shall have
single, double or triple surface treatment as spec-
ified by the Florida State Road Department standard
specifications for road and bridge construction and
one -inch type I or type II minimum asphaltic concrete
surface cours, as specified by the Florida State Road
Department standard specifications for road and bridge
construction.
(q) Subgrade Stabilization streets shall have a
Florida Bearing Value of 40 pounds or greater to depth
of six (6) inches. The subgrade shall be that portion
of the road directly and through six (6) inches below
the base course and the entire width of the road and
extending six (6) inches back of the curbs. If curbs
are not used the subgrade will be stabilized one (1)
foot wider than the pavement on both sides.
(r) Intensity of Tests. Stabilized subgrade re-
quires 1 F.B.V. for every 600 square yards. Base
course design for soil cement and sand bituminous
road mix requires a test for every material change.
Limerock base course requires a Proctor Test for
every type of limerock. Asphaltic concrete surface
course requires a design to be submitted for approval.
A 2300 pound Hubbard -Field stability is required as
well as type 2 as prescribed by the State Road De-
partment Specifications.
�2
§ 503.09
SUBDIVISION OF LAND § 503.09
(s) Curbs and Gutters shall be raised curb of
one of the following types and shall be constructed
of class A concrete:
Six inch by sixteen inch straight curb;
Combination curb and gutter;
Combination sloped curb and gutter sloped curb.
(t) Sidewalks
(1) Residential areas shall have a sidewalk
no less than four (4) feet wide.
(2) Arterial and collector streets shall have
a sidewalk five (5) feet wide.
(3) All sidewalks shall be class B concrete,
four (4) inches thick, with 6 x 6 x 10 wire mesh,
expansion joints at thirty (30) foot intervals
and contraction joints scribed at five (5) foot
intervals.
(4) All sidewalks must be approved by the City
Engineer.
(u) Driveways shall be a minimum of six (6) inches
thick, class B concrete, with 6 x 6 x 10/10 wire mesh.
All driveways must be approved for layout, expansion
joints and other pertinent features by the City Engineer.
(v) Catch Basins and Drop Inlets shall be construct-
ed o.f either class A concrete or bricks.
(w) Drainage Pipe
(x) Street Markers. The developer will furnish
and install street markers at all intersections. Such
street markers will be of the quality and design as
approved by the City Engineer.
(y) Seeding and Planting Median Strips. As per
City specifications.
(D) Boundary Line Survey
(1) Closure
5 0 3. 0 9 SUBDIVISION OF LAND
§ 503.10 0,22
(a) The angular error of closure shall not exceed
one minute (1) times the square root of the number of
observations.
(b) The linear error of closure shall not exceed
one foot in five thousand feet (5,000).
(c) The closure error shall be adjusted by the
transit method.
(2) Marking Boundary Lines. Corners and, or angles
in property lines shall be marked with 4" x 4" x 30" con-
crete monuments with 21/4" brass caps. The concrete
monuments shall be reinforced with a No. 4 steel rod.
(3) Computations. Two copies of computations of
closure shall be submitted for the approval of the City
Engineer.
(E) Specifications
(1) The City Engineer is hereby empowered to develop,
publish, apply and enforce regulations and all specifications
and procedures required or necessitated by this chapter.
(F) Final acceptance of work
(1) Maintenance will not be finally accepted by the
City until all work is fully completed from right-of-way
line and approved and certified by the City Engineer.
(2) All construction shall be in accordance with
the existing applicable State Road Department and Brevard
County Road Specifications.
Sec. 503.10 Blocks
(A) The lengths, widths and shapes of blocks shall be
determined with due regard to:
(1) Provision of adequate building sites suitable
to the special needs of the type of use contemplated.
(2) Zoning Requirements as to lot sizes and dimensions.
(3) Needs for convenient access, circulation, control
and safety of street traffic.
(4) Limitations and opportunities of topography.
§ 503.10
SUBDIVISION OF LAND § 503.12
(B) Block lengths shall not exceed 1,800 feet, or be
less than 500 feet.
(C) Pedestrian Crosswalks, not less than four (4) feet
wide, shall be required where deemed essential to provide
circulation or access to schools, playgrounds, shopping
centers, transportation and other community facilities.
Sec. 503.11 Lots
(A) The size, width, depth, shape and orientation, and
the minimum building setback lines shall be in conformity with
the requirements of the City's Zoning Code.
(B) Lot Dimensions shall conform to the requirements
of the City's Zoning Code.
(1) Residential lots when not immediately serviceable
by public sewer shall meet the minimum requirements of
the Florida State Board of Health.
(2) Depth and width of properties reserved or laid
out for multiple, commercial and industrial purposes
shall be adequate to provide for off-street service and
parking facilities required by the type of use and
development contemplated.
(3) Corner lots for residential use shall have
extra width to permit appropriate building setback from,
and orientation to both streets.
(C) The Subdividing of the land shall be such as to
provide, by means of a public street, each lot with access
to an existing public street.
(D) Double Frontage, and reverse frontage lots, should
be avoided unless essential to provide separation of resi-
dential development from traffic arteries or to overcome
specific disadvantages of topograph and orientation. A
planting screen easement of at least ten (10) feet, and
across which there shall be no right of access, shall be
provided along the line of lots abutting such a traffic
artery or other disadvantageous use.
(E) Side Lot Lines, shall be substantially at right
angles or radial to street lines.
Sec. 503.12 Easements
§ 503.12
SUBDIVISION OF LAND § 503.14
(A) Easements across lots or centered on rear or side
lot lines shall be provided for water, sewage and drainage
where necessary and shall be at least ten (10) feet wide.
(B) Where a subdivision is traversed by a water course,
drainage way, channel or stream, there shall be provided
a storm water easement or drainage right-of-way conforming
substantially with the lines of such water course, and
such further width or construction, or both, as will be
adequate for the purpose. Parallel streets or parkways
may be required in connection therewith, except in the
case of "fingers."
Sec. 503.13 Public Sites and Open Spaces.
(A) Where a proposed park, playground, school or
other public use is shown in a Comprehensive Plan or a
General Community Plan, is located in whole or in part
in a subdivision, the Board may require the dedication
or reservation of such areas within the subdivision in
those cases in which the Board deems such requirement
to be reasonable.
(B) Where deemed essential by the Board, and as
approved by the City Council, upon consideration of the
particular type of development proposed in the sub-
division, and especially in large-scale neighborhood
unit developments not anticipated in the Comprehensive
Plan, the Board may require the dedication or reservation
of such other areas or sites of a character, extent and
location suitable to the needs created by such develop-
ment for schools, parks and other neighborhood purposes.
Sec. 503.14 Alleys
(A) Alleys shall be provided in commercial and in-
dustrial districts, except that the City may waive this
requirement where other definite and assured provision
is made for service access, such as off-street loading,
unloading and parking, consistent with and adequate
for the uses proposed.
(B) The width of an alley shall not be less than
twenty (20) feet, shall be paved full width.
(C) Alley intersections, and sharp changes in align-
ment shall be avoided, but where necessary cornersshall
be cut off sufficient to permit safe vehicular movement
for trucks.
§ 5 0 3 . 14 SUBDIVISION OF LAND § 503.15
(D) Dead-end alleys shall be avoided where possible
but if unavoidable, shall be provided with adequate
turn -around facilities at the dead-end, as determined
by the Board.
Sec. 503.15 Surface and Storm Drainage
(A) Request for approval of preliminary plat plans
shall be accompanied by a comprehensive study of the
surface and storm drainage system. In making this
study, the modified formula shall be used in computing
the amount of storm water to be carried by the Drainage
System. The formula to be used is as follows:
Q = CIA, in which Q = total storm water run-off
C = a run-off coefficient representing the
ratio of run-off to rainfall
I = intensity of rainfall, or rate of rain-
fall in inches per hour
A = surfaced area in acres
In the use of this formula, the following ratio of
imperviousness Zoning classifications shall be taken:
Commercial 90%
Residential & Industrial Areas 40%
Parks & undeveloped Areas 5%
Since the coefficient of run-off is a combination of
these factors, together with other factors such as
retention, imperviousness, etc., the following coef-
ficients of run-off may be used in the study.
Coefficient of Run-off "C"
Duration of Storm (minutes)
Area 10 15 20 30 60 120
Commercial .548 .645 .745 .836 .955 .975
Residential .356 .440 .502 .576 .680 .740
Undeveloped .237 .316 .369 .422 .522 .617
The design storm curve "I" to be used in these studies
shall be in the five-year frequency curve based on the
U.S. Weather Bureau and the U.S. Department of Agricul-
ture data. In moderately sized developments, the rate
of rainfall at the one -hour point may be used.
§ 5 0 3.15 SUBDIVISION OF LAND
§;503.15 c;
For the City of'Cape Canaveral this figure is approx-
imately three (3) inches per hour. Further, in using
this formula, consideration can also be given to the
fact that the water need not be entirely removed until
three hours after the end of this one hour rainfall.
The storm drainage plan may include the use of street
curbs and gutters and open ditches as transportation
arteries for the storm water, provided that the length
and grade of the street is not too great thereby per-
mitting the accumulation of excessive amounts of water
in the street proper. Culverts shall be used at all
points where open ditches occur at street or driveway
crossings. Underground storm sewers shall be used if
the area to be drained is too large for normal sized
drainage ditches. The decision in this respect shall
be made by the Board upon the recommendation of the City's
Engineer.
Outfall of the subdivision surface or storm drainage
system shall be one of the following:
(1) Proper connection between the new subdivision
drainage system and the existing City drainage system,
if, in the opinion of the City's Engineer, the existing
City system is adequate.
(2) Proper connection from the new subdivision to
existing natural drainage, such as a creek, river, or
low swampy areas adjacent to the subdivision.
(3) Proper connection from the new subdivision to
an existing drainage ditch or canal of the City, County
or Drainage District, provided written permission has
been secured from the political units having ownership
of such drainage facility.
(4) In the event none of the methods of disposal
of the storm waters from the subdivision outlined
above are readily accessible to the subdivision,
it shall be the responsibility of the subdivider to
provide a suitable outfall for the storm waters of
the new subdivision by securing permanent easements
or the purchase of right-of-way for the construction
of a suitable underground storm drain through private
property, so as to connect the subdivision storm
drainage system with a satisfactory disposal area.
In addition the cost of obtaining and installing such
drainage right-of-way and structures shall be the
responsibility of the developer.
§ 503.15
SUBDIVISION OF LAND § 503.18
(B) Materials for Storm Drainage Systems
(1) Pipe used in the construction of storm drain-
age systems shall be reinforced concrete, vitrified
clay or bituminous coated corrugated metal pipe and
pipe arch, or cast iron pipe conforming to the Florida
State Road Department Standard Specifications April 1,
1954, Section 507, para. 507.1 through 507.8 inclusive.
(2) Catch basins and manholes shall be either
masonry or reinforced concrete Class B furnished with
cast iron frame grating or cover, conforming to the
Florida State Road Department Standard Specifications
April 1, 1954, Section 505, para. 505.1, Masonry Brick;
Section 209, Structural Concrete, para. 209.1 through
209.22; Section 520, Steel and Other Metals, para.
520.12, Frames and Gratings.
(3) Minimum size of storm sewers or culverts shall
be fifteen (15) inches.
Sec. 503.16 Potable Water Systems. The Subdivision
shall be provided with an adequate potable water system
designed by a registered engineer approved by the Florida
State Board of Health and the City's Engineer. The system
shall be so sized as to provide adequate fire protection
in compliance with the recommendations of the National
Board of Fire Underwriters, for the initial and final
plans of the subdivision.
Sec. 503.17 Sanitary Sewer System. The Subdivision
shall be provided with a Sanitary Sewer Collection System
including interceptor sewers, lift stations and such
appurtenances as to deliver the sewage to the Sanitary
Sewer System of the City of Cape Canaveral at a convenient
point of connection. The sanitary sewer system shall be
designed by a registered engineer and approved by the
Florida State Board of Health and the City's Engineer.
Sec. 503.18 Streets, Roads and Alleys. Streets,
roads and alleys as shown on the Final Plat will require
curbs and gutters, and driveways turnouts shall be con-
structed, all in conformity with specifications herein
outlined.
(A) General Plan. The arrangement, character, extent,
width, grade and location of all streets shall conform to
the Comprehensive Plan and shall be considered in their
relation to existing and planned streets, to topographical
§ 503.18 SUBDIVISION OF LAND § 503.18
conditions, to public convenience and safety, and in their
appropriate relation to the proposed uses of the land to
be served by such streets.
(B) Where such is not shown in the Comprehensive Plan
the arrangement of streets in subdivisions shall either:
(1) Provide for the continuation or projection of
existing principal streets in surrounding areas, or
(2) Conform to a plan for the neighborhood approved
or adopted by the Board to meet a particular situation
where topographical or other conditions make continuance
or conformance to existing streets impracticable.
(C) Minor streets shall be so laid out that their use
by through traffic will be discouraged.
(D) Where a subdivision abuts or contains an existing
or proposed arterial street the Board may require marginal
access streets, reverse frontage with screen planting con-
tained in a nonaccess reservation along the real property
line, deep lots with rear service alleys, or such other
treatment as may be necessary for adequate protection of
residential properties and to afford separation of through
and local traffic.
(E) Where a subdivision borders on or contains a rail-
road right-of-way or limited access highway right-of-way,
the Board may require a street approximately parallel to
and on each side of such right-of-way, at a distance suit-
able for the appropriate use of the intervening land, as
for park purposes in residential districts, or for commer-
cial or industrial purposes in appropriate districts.
Such distances shall also be determined with due regard
for the requirements of approach grades and future grade
separations.
(F) Reserve strips controlling access to streets shall
be prohibited except where their control is definitely
placed in the City under conditions approved by the Board.
(G) Street jogs, with centerline offsets of less than
one hundred and twenty-five (125) feet shall be avoided.
(H) A tangent at least one hundred (100) feet long
shall be introduced between reverse curves on arterial
and collector streets.
a3
503.18
SUBDIVISION OF LAND § 503.18
(I) When. connecting street lines deflect from each
other at any one point by more than ten (10) degrees,
they shall be connected by a curve with a radius adequate
to insure a sight distance of not less than seventy-five
(75) feet for minor and collector streets, and of such
greater radii as the Board shall determine for special
cases.
(J) Streets shall be laid out so as to intersect as
nearly as possible at right angles and no street shall
intersect any other street at less than sixty (60) degrees.
(K) Property Lines at street intersections shall be
rounded with a radius of twenty-five feet, or of a greater
radius where the Board may deem necessary. The Board may
permit comparable cut-offs or chords in place of rounded
curves.
(L) Street right-of-way widths shall be as shown in
the Comprehensive Plan and where not shown therein shall
be not less than as shown on the following tabulation.
Street Type Right of Way in Feet
Arterial 100'
Collector 60'
Minor for row houses & apts. 60'
Minor for other residences 50'
Marginal access 50'
(M) Half streets shall be prohibited, except where
essential to the reasonable development of the subdivision
in conformity with the other requirements of these regu-
lations; and, where the Board finds it will be practicable
to require the dedication of the other half when the ad-
joining property is subdivided. Whenever a half street
is adjacent to a tract to be subdivided, the other half
of the street shall be platted within such tract.
(N) Dead-end streets, designed to be so permanently
shall not be longer than five hundred (500) feet, except
on "fingers," and shall be provided at the closed end
with a turn -around having an outside roadway diameter of
at least eighty (80) feet, and a street property line
diameter of at least one hundred (100) feet.
(0) No street names shall be used which will duplicate
or be confused with the names of existing streets. Street
names shall be subject to the approval of the Board.
§ 503.18
SUBDIVISION OF LAND § 503. 20
(P) No street grades shall be less than 0.20 percent.
(Q) The minimum street widths, cross sections, curbs,
and gutters and construction standards are shown on the
page following the last page of this chapter.
(R) Grass drainage swales and paved entrance driveways:
An exception to the requirement for street curbs may be
made in those instances where it can be shown by the
detailed plans and specifications prepared by a registered
engineer, that the street grades and drainage swales grades
will be not less than 0.6% and the storm and surface drain-
age plan prepared will be adequate and comparable with
that designed for curbed streets and roads; and further,
that the use of these grassed drainage swales in lieu of
curbs has been previously approved by the City's Engineer
and the Board.
Sec. 503.19 Streets, Roads and Alleys - Technical
Specifications and Construction Methods.
(A) Streets, roads and alley construction materials
shall conform to the Standard Specifications for Road
and Bridge Construction of the Florida State Road Depart-
ment, of the latest issue at the time of the Subdivision
Application for Plat Approval as follows:
Sec. 20
Sec. 21
Sec. 23
Sec. 36
Sec. 54
Sec. 59
Sec. 106
Sec. 107
Sec. 100
Sec. 102
Sec. 129
Sec. 315
Sec. 337
Clearing and Grubbing
Removal of Existing Structures
Excavation and Embankment
Stabilized Road Bed
Limerock Base
Soil -Cement Base
Sand Bituminous Road Mix
Sand Bituminous Road Mix
Prime and Tack Coat for Bases
Bituminous Surface Treatment
Asphaltic Concrete Surface Type #2
Concrete Curb, Concrete Curb and Gutter,
Concrete Valley Gutter
Grassing and Mulching
Sec. 503.20 Bridges. Fixed span bridges shall be
constructed at a height of not less than eight (8) feet
above mean high water level and shall be constructed from
plans and specifications prepared by a registered engineer
and approved by the City. No road or bridge between
"fingers" shall be constructed which will preclude access
to the channel of the Banana River, as established by the
U.S. Corps of Engineers.
§ 503.21
SUBDIVISION OF LAND § 503.24
§ 503.21 Canals.
(A) The arrangement, character, extent, width and
location of all canals constructed by the Subdivider
shall conform to the Comprehensive Plan and shall be
considered in their relations to existing and planned
canals, rivers and waterways, to public convenience and
safety, and their appropriate relation to the proposed
uses of the land to be served by such canals. The min-
imum width of any canal or waterway shall be one hundred
(100) feet.
(B) Where such is not shown in the Comprehensive
Plan, the arrangement of canals in a subdivision shall
either:
(1) Provide for the continuation of appropriate
projection of existing canals or waterways in the
surrounding areas, or
(2) Conform to a plan for the neighborhood
approved or adopted by the Board to meet a particular
situation when conditions make continuance or con-
formance to existing canals'or waterways impracticable.
Sec. 503.22 Bulkheads or Retainer Walls. Retaining
walls or bulkheads on all property abutting on canals or
waterways shall not be required, except at the option of
the Subdivider; but, if constructed, they shall be
designed and planned to meet the approval of the City.
When retainer walls are not constructed, the Subdivider
shall slope all lots or parcels abutting on canals, rivers
or waterways at a grade not to exceed eight (8) degrees.
All slopes shall be grassed from the high water level
to the crown of the slope.
Sec. 503.23 Street Name Signs. Street name signs
shall be installed at the intersection of all streets,
carrying the street names approved on the subdivision
plat. Location and design of street name signs shall be
subject to the approval of the City Council.
Sec. 503.24 Sketches and Drawings.
Subdivision Street Types. Sketch shows street types
and street jogs, and street intersections. (See Exhibit
B)
Arterial and Collector Streets. Sketch shows cross
sections of construction of an Arterial Street, one
§ 503.24
SUBDIVISION OF LAND § 503.25
hundred (100) foot right-of-way; a Collector Street,
sixty (60) foot right-of-way; types of curbs and gutters
are indicated as well as types of wearing surface typical
construction details. (See Exhibit C)
Minor Streets. Sketch shows typical construction
details, showing cross section of sixty (60) foot right-
of-way for apartments or row houses; and, fifty (50)
foot right-of-way for standard construction on Minor
Streets. (See Exhibit D)
Long and Short Dead -End Streets and "Fingers" with
Turn-Arounds. Sketch shows accepted dimension for turn-
arounds. (See Exhibit E)
Sec. 503.25 Variance, Appeals, Arbitration, Sever -
ability Clause, Penalty, When Effective.
(A) Variance.
(1) Hardship. Where the Board finds that extra-
ordinary hardship may result from strict compliance
with these regulations, it may vary the regulations
so that substantial justice may be done and the public
interest secured; provided, that such variance will
not have the effect of nullifying the intent and pur-
pose of the Comprehensive Plan or these regulations.
(2) Large Scale Development. The standards and
requirements of these regulations may be modified by
the Board in the case of a plan and program for a new
town,a complete community, or a neighborhood unit, which
in the judgment of the Board provide adequate public
spaces and improvements for the circulation, recreation,
light, air and services needed for the tract when fully
developed and populated, and which also provide such
covenants or other legal provisions as will assure
conformity to and achievement of the plan.
(3) Conditions. In granting variances and
modifications, the Board may require such conditions
as will, in its judgment, secure substantially the
objectives of the standards or requirements so varied
or modified.
(B) Appeals and Arbitrations. Appeals from any
decision of the Board shall be taken to the Zoning Board
of Adjustment, which sections are hereby made a part of
this chapter by reference.
01,
§ 503.25
SUBDIVISION OF LAND § 503.25
(C) Severability Clause. If any section, subsection,
sentence, clause or phrase of this chapter is for any
reason held to be unconstitutional, void or invalid, the
validity of the remaining portions shall not be affected
thereby.
(D) Penalty. Any person or persons, firm or cor-
poration violating or failing to comply with the terms
and provisions specified herein, shall upon conviction
and at the discretion of the Court, be fined a sum not
to exceed Three Hundred Dollars ($300), and each day
that a violation of this chapter continues shall con-
stitute a separate violation hereof. [Ord. No. 12-62,
17 Oct 1962]
EXHIBIT A
Conditional Approval of Preliminary Plat
The following spaces are to be provided on the Preliminary
Plat for the signatures of the Chairman of the Planning &
Zoning Board and the City's Engineer:
Certificate of Conditional Approval by Planning & Zoning
Board
This is to certify that on the
Planning and Zoning Board of the City of Cape Canaveral,
Florida, approved the foregoing Preliminary Plat with
the conditions, if any, attached herewith and referenced
as
Chairman of the Board
Recommendation of City's Engineer
This is to certify that as the City's Engineer, I
have examined the foregoing Preliminary Plat and recommend
its conditional approval with the conditions, if any,
attached herewith and referenced as
City Engineer
J
533.01
STORM DRAINAGE
CHAPTER 533
STORM DRAINAGE
§ 533.02
Sec. 533.01 Authority. This Chapter is adopted pur-
suant to the provisions of Chapter 63-1197, Laws of
Florida, Special Acts of 1963. [Ord. No. 15-66, § 1,
1 Aug 1966]
Sec. 533.02 Findings. It is hereby found, determined
and declared as follows, that:
(A) It is necessary, desirable, and in the best interest
of the City and its inhabitants that general obligation
bonds in an amount not exceeding $1,200,000 be issued to
pay the cost of acquiring and constructing a storm drainage
system in such City, (herein referred to as "project"),
including all incidental costs and expenses, all in accord-
ance with the plans and specifications of Briley, Wild &
Associates, consulting engineers on file with the City.
(B) The issuance of such general obligation bonds was
approved by a majority of votes cast in a bond election
held March 29, 1966, by the qualified freeholder electors
of the City, in which such bond election a majority of
the qualified freeholder electors entitled to participate
therein did participate and vote on such issue at such
bond election.
(C) The cost of the project to be financed from the
proceeds of the Bonds, in addition to the specific items
contained in the plans and specifications, may include
the acquisition of land or interest therein or of any
fixtures, equipment or properties necessary or convenient
therefor, engineering and legal expenses, fiscal expenses,
expenses for the estimated costs, expenses for plans,
specifications and surveys, interest during construction,
administrative expenses, and such other expenses as may
be necessary or incidental for the financing authorized
by this Chapter.
(D) The Bonds herein authorized, which when issued
will constitute the only general indebtedness of the
City, will not exceed twenty percent (20%) of the total
assessed valuation as assessed by the City, of all taxable
property, both real and personal, within the limits of
said City. [Ord. No. 15-66, § 2, 1 Aug 1966]
§ 533.03
STORM DR UNAGE § 533.05
Sec. 533.03 Resolution to Constitute Contract. In
consideration of the acceptance of the Bonds authorized
to be issued hereunder by those who shall hold the same
from time to time, this Resolution shall be deemed to be
and shall constitute a contract between the City and such
holders. The covenants and agreements herein set forth
to be performed by the City shall be for the equal benefit,
protection and security of the legal holders of any and all
of such bonds and the coupons attached thereto, all of
which shall be of equal rank and without preference,
priority or distinction of any of the Bonds or coupons
over and other thereof, except as expressly provided there-
in and herein. [Ord. No. 15-66, § 3, 1 Aug 1966]
Sec. 533.04 Authorization of Bonds. Subject and
pursuant to the provisions of this Resolution, Bonds of
the City to be known as "Storm Drainage General Obligation
Bonds, Series of 1966," herein sometimes referred to as
"Bonds," are hereby authorized to be issued in the aggregate
principal amount of One Million Two Hundred Thousand. Dollars
($1,200,000). [Ord. No. 15-66, § 4, 1 Aug 1966]
Sec. 533.05 Description of Bonds. The Bonds shall be
dated August 1, 1966; shall be numbered consecutively from
one upward in the order of their maturities; shall be in
the denomination of $1,000 each; shall bear interest at
not exceeding the legal rate; such interest to be payable
semi-annually on August 1 and February 1 of each year,
and shall mature serially in numberical order, lowest
numbers first, on August 1 in the years and amounts as
follows:
Year Amount Year Amount
1968 $ 2,000 1983 $45,000
1969 5,000 1984 47,000
1970 8,000 1985 49,000
1971 11,000 1986 51,000
1972 15,000 1987 53,000
1973 19,000 1988 56,000
1974 24,000 1989 58,000
1975 28,000 1990 61,000
1976 33,000 1991 63,000
1977 35,000 1992 66,000
1978 36,000 1993 69,000
1979 38,000 1994 72,000
1980 40,000 1995 75,000
1981 41,000 1996 57,000
1982 43,000
§ 533. 05
STORM DRAINAGE § 533.07
Such bonds shall be issued in coupon form; shall be pay-
able with respect to both principal and interest in law-
ful money of the United States of America, at such bank
or banks to be subsequently determined by the City Council
prior to delivery of the Bonds; and shall bear interest
from their date, payable in accordance with and upon
surrender of the appurtenant interest coupons as they
severally mature. [Ord. No. 15-66, § 5, 1 Aug 1966]
Sec. 533.06 Execution of Bonds and Coupons. The
Bonds shall be executed in the name of the City by the
Mayor and countersigned and attested by the City Clerk,
and its corporate seal or a facsimile thereof shall be
affixed thereto or reproduced thereon. The facsimile
signatures of the Mayor or the City Clerk may be imprinted
or reproduced on the Bonds, provided that at least one
signature required to be placed thereon shall be manually
subscribed. In case any one or more of the officers who
shall have signed or sealed any of the Bonds shall cease
to be such officer of the City before the Bonds so signed
and sealed shall have been actually sold and delivered,
such Bonds may nevertheless be sold and delivered as here-
in provided and may be issued as if the person who signed
or sealed such Bonds had not ceased to hold such office.
Any Bond may be signed and sealed on behalf of the City
by such person who at the actual time of the execution
of such Bond shall hold the proper office in the City,
although at the date of such Bonds such person may not
have held such office or may not have been so authorized.
The coupons attached to the Bonds shall be authenticated
with the facsimile signature of any present or future Mayor
of said City, and the validation certificate on said Bonds
shall be executed with the facsimile signature of the
Mayor. The City may adopt and use for such purposes the
facsimile signature of any person who shall have been such
Mayor at any time on or after the date of the Bonds, not-
withstanding that he may have ceased to be such officer
at the time such Bonds shall be actually sold and delivered.
[Ord. No. 15-66, § 6, 1 Aug 1966]
Sec. 533.07 Negotiability and Registration. The Bonds
issued hereunder shall be and shall have all of the
qualities and incidents of negotiable instruments under
the law merchant and the Negotiable Instruments Law of
the State of Florida, and each successive holder, in
accepting any of said Bonds or the coupons appertaining
thereto, shall be conclusively deemed to have agreed that
§ 533.07
STORM DRAINAGE
§ 533.08
such Bonds shall be and have all of the qualities and in-
cidents of negotiable instruments under the law merchant
and the Negotiable Instruments Law of the State of Florida,
and each successive holder shall further be conclusively
deemed to have agreed that said Bonds shall be incontest-
able in the hands of a bonafide holder for value.
The Bonds may be registered, at the option of the holder,
as to principal only or as to both principal and interest,
on the books of the City at the office of the City Clerk,
as registrar, such registration to be noted on the back
of such Bonds in the space provided therefor. After such
registration as to principal only or both principal and
interest, no transfer of the Bonds shallbe valid unless
made at said office by the registered owner or by his
duly authorized agent or representative and similarly
noted on the Bonds, but the Bonds may be discharged from
registration by being in like manner transferred to bearer,
and thereupon transferability by delivery shall be restored.
At the option of the holder, the Bonds may thereafter
again from time to time be registered or transferred to
bearer as before. Such registration as to principal only
shall not affect the negotiability of the coupons, which
shall continue to pass by delivery. The City may make a
reasonable charge for every such transfer sufficient to
reimburse it for any expenses incurred by it; provided,
however, that no charge shall be made by the City for the
first transfer of any Bond from bearer to the registered
owner and for the first reconversion from the registered
owner to bearer. [Ord. No. 15-66, § 7, 1 Aug 1966]
Sec. 533.08 Bonds Mutilated, Destroyed, Stolen or Lost.
In case any Bond shall become mutilated, or be destroyed,
stolen or lost, the City may in its discretion issue
and deliver a new Bond with all unmatured coupons attached
of like tenor as the Bond and attached' coupons, if any,
so mutilated, destroyed, stolen or lost, in exchange and
substitution for such mutilated Bonds, upon surrender and
cancellation of such mutilated Bond and attached coupons,
if any, or in lieu of and substitution for the Bond and
attached coupons, if any, destroyed, stolen or lost, and
upon the holder furnishing the City proof of his ownership
thereof and satisfactory indemnity and complying with such
other reasonable regulations and conditions as the City
may prescribe and paying such expenses as the City may
incur. All Bonds and coupons so surrendered shall be
cancelled by the Clerk of the City. If any such Bonds
or coupons shall have matured or be about to mature, in-
stead of using a substitute Bond or coupon, the City may
5 533.08
STORM DRAINAGE § 533.11
pay the same, upon being indemnified as aforesaid, and
if such Bond or coupon be lost, stolen or destroyed with-
out surrender thereof.
Any such duplicate Bonds and coupons issued pursuant to
this section shall constitute original, additional con-
tractual obligations on the part of the City whether or
not the lost, stolen or destroyed Bonds or coupons be at
any time found by anyone, and such duplicate Bonds and
coupons shall be entitled to equal and proportionate
benefits and rights as to lien on and source and security
for payment from the funds, as hereinafter pledged, to
the same extent as all other obligations and coupons
issued hereunder. [Ord. No. 15-66, § 8, 1 Aug 1966]
Sec. 533.09 Redemption Provisions. The Bonds of
this issue maturing in the years 1968 to 1976, both in-
clusive, are not redeemable prior to their respective
stated dates of maturity. The Bonds maturing in 1977
and thereafter are redeemable prior to their respective
stated dates of maturity, at the option of the City, in
whole or in part, in inverse numerical order if less than
all, on August 1, 1976, or on any interest payment date
thereafter at par and accrued interest to date of re-
demption, plus a premium of one-fourth of one per centum
(1/4 of 10) of principal for each year or fraction there-
of from the date of redemption to the maturity of each
Bond so called for prior redemption; provided that such
premium shall never exceed three per centum (30).
Notice of such redemption shall be published at least
once at least thirty (30) days prior to the redemption
date in a newspaper of general circulation in the City
and a copy of such notice shall also be given to the
paying agent at least thirty (30) days prior to the re-
demption date. [Ord. No. 15-66, § 9, 1 Aug 1966]
Sec. 533.10 City Attorney. The City Attorney shall
certify on the face of each Bond that such Bond and the
attached coupons have been approved by him as to form,
language and execution. [Ord. No. 15-66, 5 10, 1 Aug
1966]
Sec. 533.11 Form of Bonds and Coupons. The text of
the Bonds, the interest coupons to be attached thereto,
and the validation certificate to be endorsed thereon
shall be in substantially the following form and tenor,
with such variations, omissions and insertions as may
be necessary, desirable and authorized or permitted by
these sections or any subsequent sections adopted prior
to the issuance thereof:
§ 533.11
STORM DRAINAGE § 533.11
No. $1,000
UNITED STATES OF AMERICA
STATE OF FLORIDA
CITY OF CAPE CANAVERAL
STORM DRAINAGE GENERAL OBLIGATION BOND
SERIES OF 1966
KNOW ALL MEN BY THESE PRESENTS, that the City of Cape
Canaveral in Brevard County, Florida, (hereinafter re-
ferred to as "City"), for value received, hereby promises
to pay to the bearer hereof, or, if this Bond be registered,
to the registered holder, as herein provided, on the first
day of August 19 , the principal sum of
ONE THOUSAND DOLLARS
with interest thereon at the rate of per centum
( %) per annum, payable semiannually on February 1 and
August 1 of each year, upon presentation and surrender of
the annexed interest coupons as they severally become due.
Both principal of and interest on this Bond are payable in
lawful money of the United States of America at the
or, at the option of the holder, at the
. For the prompt payment of the principal
of and interest on this Bond as the same shall become due,
the full faith and credit of said City are hereby irrevocably
pledged.
This Bond is one of an authorized issue of Bonds in the
aggregate principal amount of $1,200,000 of like date,
tenor and effect, except as to number, interest rate (if
all bonds do not bear the same rate), and date of maturity
issued to finance the cost of acquiring and constructing
a storm drainage system in such City under the authority
of and in full compliance with the Charter of the City and
pursuant to a Resolution and/or Ordinance of the City
adopted on the 7th day of June 1966, (hereinafter called
"Resolution"). This Bond is subject to all the terms and
conditions of said Resolution.
It is hereby certified and recited that all acts,
conditions and things required to happen, to exist, and
to be performed, precedent to and in the issuance of this
Bond, have happened, exist, and have been performed in
due time, form and manner as required by the Constitution
and Laws of the State of Florida applicable thereto; that
the issue of Bonds of which this Bond is a part has been
approved at an election of freeholders held in accordance
with the Constitution and Charter of the City on the 29th
§ 533.11
STORM DRAINAGE § 533.11
day of March 19661 that the total indebtedness of said
City, including the issue of Bonds of which this Bond is
one, does not exceed any constitutional or statutory
limitation; and that provision has been made for the levy
and collection of a direct annual tax, without limitation
as to rate or amount, upon all taxable property within
said City sufficient to pay the principal of and interest
on this Bond as the same shall become due, which tax shall
be levied and collected at the same time and in the same
manner as other ad valorem taxes are assessed, levied and
collected.
The Bonds maturing in the years 1968 to 1976, both
inclusive, are not redeemable prior to their respective
stated dates of maturity. The Bonds maturing in 1977 and
thereafter are redeemable prior to their respective stated
dates of maturity, at the option of the City, in whole or
in part, in inverse numerical order if less than all, on
August 1, 1976, or on any interest payment date thereafter
at par and accrued interest to date of redemption, plus
a premium of one-fourth of one per centum (1/4 of 1%) of
principal for each year or fraction thereof from the date
of redemption; provided that such premium shall never
exceed three per centum (3a). Notice of such redemption
shall be given in the manner required by the aforesaid
Resolution.
The Bond may be registered as to principal only or as
to principal and interest in accordance with the provisions
endorsed hereon.
IN WITNESS WHEREOF, the City of Cape Canaveral, has
issued this Bond and has caused the same to be signed by
the manual or facsimile signature of its Mayor and the
corporate seal of said City or a facsimile thereof to be
affixed, impressed, imprinted, lithographed or reproduced
hereon and attested and countersigned by the manual or
facsimile signature of its City Clerk and has caused the
interest coupons hereto attached to be executed by the
facsimile signature of said Mayor, all as of the first
day of August 1966.
(SEAL)
ATTESTED:
CITY OF CAPE CANAVERAL, FLORIDA
By Richard R. Thurm
Mayor
The foregoing Bond and attached
coupons have been approved by me
as to form, language and execution.
City Clerk T. David Burns
City Attorney
§ 533.11 STORM DRAINAGE § 533.11 A y
FORM OF COUPON
No. $
On the day of , 19 , the City of
Cape Canaveral, Brevard County, Florida, will pay to the
bearer at the or, at the option of the
holder, at the , as described in the
Bond to which this coupon is attached, the amount shown
hereon in lawful money of the United States of America,
upon presentation and surrender of this coupon, being
six months' interest then due on its Storm Drainage General
Obligation Bond, Series of 1966, dated August 1, 1966,
No.
(SEAL)
CITY OF CAPE CANAVERAL, FLORIDA
BY Richard R. Thurm
Mayor
(Insert in coupons maturing after first callable date the
following: "unless the Bond to which this coupon is
attached has been duly called for prior redemption and
provision duly made for the payment thereof.")
FORM OF VALIDATION CERTIFICATE
This Bond is one of a series of Bonds which were
validated and confirmed by decree of the Circuit Court
of the Ninth Judicial Circuit of the State of Florida,
in and for Brevard County, rendered on
1966.
Richard R. Thurm
Mayor
PROVISION FOR REGISTRATION
This Bond may be registered in the name of the holder
on the books to be kept by the City Clerk of the City of
Cape Canaveral, as Registrar, or such other registrar as
may hereafter be duly appoined, as to principal only or
both principal and interest, such registration being noted
hereon by such Registrar in the Registration blank below,
after which no transfer shall be valid unless made on
said books by the registered holder or attorney duly
authorized and similarly noted in the registration blank
below, but it may be discharged from registration by being
§ 533.11
STORM DRAINAGE § 533.13
transferred to bearer, after which it shall be transferable
by delivery, but it may be again registered as before. The
registration of this Bond as to principal shall not restrain
the negotiability of the coupons by delivery merely, but
the coupons may be surrendered with the interest made pay-
able only to the registered holder, in which event the
Registrar shall note in the registration blank below that
this Bond is registered as to interest as well as principal;
and thereafter the interest will be remitted by mail to the
registered holder. This Bond, when converted into a Bond
registered as to both principal and interest, may be re-
converted into a coupon Bond and again converted into a
Bond registered as to both principal and interest as here-
inbefore provided. Upon reconversion of this Bond, when
registered as to principal and interest, into a coupon
Bond, coupons representing the interest to accrue upon the
Bond to date of maturity shall be attached hereto by the
Registrar, and the Registrar shall note in the registration
blank below whether the Bond is registered as to principal
only or payable to bearer. The City may make a reasonable
charge for every such transfer sufficient to reimburse it
for any expenses incurred by it; provided, however, that
no charge shall be made by the City for the first transfer
of any Bond from Bearer to the registered owner and for the
first reconversion from the registered owner to bearer.
IN SIGNATURE
DATE OF WHOSE NAME MANNER OF OF
REGISTRATION REGISTERED REGISTRATION REGISTRAR
[Ord. No. 15-66, § 11, 1 Aug 1966]
Sec. 533.12 Pledge of Full Faith, Credit and Taxing
Power. For the prompt payment of the principal of and
interest on the Bonds, the full faith, credit and taxing
power of the City are irrevocably pledged. [Ord. No. 15-66,
§ 12, 1 Aug 1966]
Sec. 533.13 Covenants of the City. So long as any of
the principal of or interest on any of the Bonds shall be
§ 5 3 3. 13 STORM DRAINAGE
§ 533.13
outstanding and unpaid, or until there shall have been
set apart in the Sinking Fund herein established a sum
sufficient to pay, when due, the entire principal of the
Bonds remaining unpaid, together with interest accrued
and to accrue thereon, the City covenants with the holders
of any and all of the Bonds as follows that:
(A) Levy of Ad Valorem Tax.. There is hereby created
a Sinking Fund to be held by a bank to be designated by
the City Council prior to the delivery of the Bonds solely
for the purpose of paying the principal of and interest on
the Bonds as they become due. In each fiscal year while
any of such Bonds are outstanding, after making a reasonable
allowance for delinquencies, there shall be levied and
collected a tax, without limitation as to rate or amount,
on all taxable property within the City, in an amount
necessary to pay the principal of and interest on such
Bonds as the same shall become due. Such tax shall be
assessed, levied and collected in the same manner and at
the same time as other City taxes are assessed, levied
and collected. The amount of the levy of such taxes in
each fiscal year shall be based upon the percentage of
the amount of the levy of such taxes actually collected
in cash and deposited in the Sinking Fund in the immediate-
ly preceding fiscal year.
In the event that in any fiscal year the aggregate amount
of such taxes actually collected and deposited in the
Sinking Fund shall be less than the amount of principal
and interest on the Bonds maturing in such year, then the
deficit shall be added to the amount of taxes required to
be levied pursuant to the above paragraph in the next
succeeding year.
(B) Investments. All such special funds herein pro-
vided for shall constitute trust funds for the purposes
provided herein for such funds. All of such funds shall
be continuously and fully secured by direct obligations
of the United States of America.
Moneys on deposit in the Sinking Fund and Construction
Fund may be invested and reinvested only in direct ob-
ligations of the United States of America or in time
deposit in banks or trust companies represented by
Certificates of Deposit and continuously secured as
above provided, maturing not later than the date on
which the moneys therein will be needed for the pur-
poses of such funds. All income on such investments
§ 533.13
STORM DRAINAGE § 533.14
in the Sinking Fund shall be retained in the Sinking Fund
and applied as provided in subsection (A) above. All in-
come on such investments in the Construction Fund may, at
the option of the City, be deposited in the Sinking Fund
or retained in the Construction Fund.
(C) Books and Records. The City will keep books and
records of the levy and collection of the taxes levied
pursuant to these sections, which such records and accounts
shall be separate and apart from all other books, records
and accounts of the City. Any holder of a Bond or Bonds
shall have the right at all reasonable times to inspect
such books and records.
(D) Assessed Valuation. In each year the City shall
cause to be made, pursuant to such Chapter 63-1197 and
other applicable provisions of law, an assessment of the
full cash value of all taxable property within the City.
Such annual assessment rolls shall be maintained in
the office of the tax assessor and shall be open for
public inspection at all reasonable times.
(E) Delinquent Taxes. To the full extent provided
by such Chapter 63-1197 and other applicable provisions
of the law, the City shall forthwith and diligently en-
force the collection of all taxes levied pursuant to
these sections and which have become delinquent.
(F) Annual Audit. The City shall also, at least
once a year, within 60 days after the close of the fiscal
year, cause the books, records and accounts relating to
the City and to the taxes herein provided for to be prop-
erly audited by a recognized firm of accountants and shall
mail, upon request, and make generally available, the re-
port of such audits to any holder or holders of Bonds.
[Ord. No. 15-66, § 13, 1 Aug 1966]
Sec 533.14 Construction Trust Fund. All of the pro-
ceeds derived from the sale of the Bonds (except interest
accrued and interest for one year which shall be deposited
in the Sinking Fund, and the costs and expenses incurred
in connection with the preparation, issuance and sale of
the Bonds) shall be deposited in a trust fund which is
hereby created, established and designated as the "Con-
struction Trust Fund." Such Construction Trust Fund
shall be deposited and maintained with any banking in-
stitution to be designated by the City Council prior to
delivery of the Bonds. The moneys therein shall be used
only for the payment of the cost of the project as
§ 533.14
STORM DRAINAGE § 533.18
hereinabove defined, and shall be withdrawn only when
authorized in writing by the consulting engineers and
by the City. Any balance of unexpended moneys in the
Construction Trust Fund after completion of such project
shall be deposited in the Sinking Fund herein established.
[Ord. No. 15-66, § 14, 1 Aug 1966]
Sec. 533.15 Responsibility of the Bondholders. The
holders of the Bonds shall have no responsibility for the
application and use of the proceeds received from the sale
thereof and the application and use of such proceeds by
the City shall in no way affect the rights of the Bond-
holders. [Ord. No. 15-66, § 15, 1 Aug 1966]
Sec. 533.16 -Issuance and Sale of Bonds. The Bonds of
this issue may be issued and sold in one lot or in several
lots in such manner and at such price or prices, consistent
with the provisions of these sections as the City Council
shall hereafter determine. All of such Bonds, when issued
will rank equally as to source and security for payment
and in all other respects. [Ord. No. 15-66, § 16, 1 Aug
1966]
Sec. 533.17 Modification or Amendment. No material
modification or amendment to this Chapter may be made
without the consent in writing of the holders of sixty-
seven per centum (67%) or more in principal amount of
the Bonds then or more in principal amount of the Bonds
then outstanding, provided, however, that no modification
or amendment shall permit a change in the maturity of
such Bonds or a reduction in the rate of interest thereon,
or in the amount of the principal obligation or affecting
the unconditional promise of the City to pay the principal
of and interest on the Bonds as the same shall become due,
or reduce such percentage of holders of such Bonds, re-
quired above, for such modificationsor amendments, with-
out the consent of the holders of all of such bonds.
[Ord. No. 15-66, § 17, 1 Aug 1966]
Sec. 533.18 Severability of Invalid Provision. If
any one or more of the covenants, agreements or provisions
of this Chapter should be held contrary to any express
provision of law or contrary to the policy of express law,
though not expressly prohibited, or against public policy,
or shall for any reason whatsoever be held invalid, then
such covenants, agreements or provisions shall be null
and void and shall be deemed separate from the remaining
covenants, agreements or provisions, and in no way affect
cC
•
.SCs § 5 3 3.18 STORM DRAINAGE § 533.19
the validity of all the other provisions of this Chapter
or of the Bonds or coupons issued .thereunder. [Ord. No.
15-66, § 18, 1 Aug 1966]
Sec. 533.19 Validation of Bonds. T. David Burns, City
Attorney, is hereby authorized and directed to institute
appropriate proceedings in the Circuit Court of the Ninth
Judicial Circuit of Florida, in and for Brevard County,
Florida, for the validation of said Bonds, and the proper
officers of the City are hereby authorized to verify on
behalf of the City any pleadings in such proceedings.
[Ord..No. 15-66, § 19, 1 Aug 1966]
§ 535.01
SEWER CONNECTION ASSESSMENT
CHAPTER 535
SEWER CONNECTION ASSESSMENT
§ 535.02
Sec. 535.01 Sewer Connection Assessment Established.
There shall be paid an assessment"to defray the cost and
expense of transmission and treatment of sewage and re-
lated systems and for necessary equipment, repairs,
replacement and additions and for any new sewer plant
expansion for the City of Cape Canaveral, Florida sewer
system on all new construction* and all structures ini-
tially connecting to the City sewer system in the City
as follows:
Each single family dwelling unit $ 1,000
Each residential unit of a multiple
family unit, duplex, triplex, and/or
apartment unit 1,000
Each condominum unit 1,000
Each mobile park space 1,000
Each campground park space 154
Each hotel or motel room 386
Each seat in restaurant without lounge 62
Each seat in lounge and bar 30
Each washing machine located in laundromat 1,000
Other commercial units will be based on units of 200
gallons of water per day at $1,000 per unit, as determined
by the Building Official.
A Laundromat shall be any facility which houses washers
and is available for use by the general public or for
common use by three or more living units.
*It is the intent of this Ordinance that all condominums
or other developments, particularly developments with a
mixture of housing types, be charged a sewer rate in
accordance with the type of structure actually built.
[Ord. No. 10-73, § 1, 3 Apr 1973; Ord. No. 16-78, §1,
3 Oct 1978; Ord. No. 7-80, § 1, 15 Apr 1980; Ord. No.
4-81, § 1, 7 Apr 1981; Ord. No. 7-81, § 1, 5 May 1981]
Sec. 535.02 Payment of Assessments. The assessments
as set forth herein shall be payable prior to issuance of
a sewer permit and building permit. In the event the
assessment should not be collected prior to connection
to the City sewer system and said assessment is not paid
in full by the thirtieth day following that for which a
billing has been rendered, then an amount equal to 5%
5 535.02
SEWER CONNECTION ASSESSMENT § 535.03
of such assessment due shall be added thereto as a late
charge. Upon failure of any user to pay for said assess-
ment within sixty days from being billed, the City shall
shut off or cause to be shut off the connection of such
user and shall not furnish him or permit him to receive
from the system further service until all obligations
owed by him to the City on account of the services shall
have been paid in full. If such sewer service is shut
off as aforesaid, then before such service shall be re-
stored the user thereof shall pay a reinstatement fee in
the amount of $75.00 in addition to any other assessments
and charges due. In addition, and as an alternative
means of collecting such assessment, late charges and
penalties, the City shall have a lien on such lot or
parcel of land for which the sewer connection has been
made, for which such lien shall be of equal dignity with
the lien of state and county and municipal taxes. Such
lien may be foreclosed by the City in the same manner
provided by the laws of Florida for the foreclosure of
mortgages upon real estate. [Ord. No. 10-73, § 2, 3
Apr 1973; Ord. No. 4-75, § 2, 11 Mar 1975]
Sec. 535.03 Issuance of Certificate of License.
No certificate of occupancy or City license shall be
issued until the assessment as herein set forth has been
paid in full. [Ord. No. 10-73, § 3, 3 Apr 1973]
§ 541.01
UTILITY TAX
CHAPTER 541
UTILITY TAX
§ 541.05
Sec. 541.01 Authority. The City of Cape Canaveral
is authorized by the provisions of § 167.431, Florida
Statutes, to levy the utilities service tax provided
by this Chapter. [Ord. No. 64-10, § 1, 28 Apr 1964]
Sec. 541.02 Utilities Service Tax Established. There
is hereby imposed and levied by the City of Cape Canaveral
Florida, on each and every purchase in the City of Cape
Canaveral of electricity, metered or bottled gas (Natural,
liquified petroleum gas or manufactured, water service,
telephone service and telegraph service, hereinafter
called utilities service), a tax based upon the charge
made by the seller to the purchaser for such utilities
service at the rate of 10 percent of the total charge.
[Ord. No. 64-10, § 2, 28 Apr 1964; Ord. No. 19-71, 7
Dec 1971]
Sec. 541.03 Payment of Tax. The tax imposed in
§ 541.02 above shall in every case be paid by the pur-
chaser for the use of the City to the seller of such
utilities service at the time of paying the charge
therefore to the seller thereof, but not less often than
monthly. [Ord. No. 64-10, § 3, 28 Apr 1964]
Sec. 541.04 Computation of Tax. In all cases where
the seller of utilities service shall collect the price
thereof at monthly periods, or periods of less than one
month, the tax hereby levied may be computed on the
aggregate amount of the sales during the said period,
provided the said tax to be collected shall be the near-
est whole cent to the amount computed for any period of
one month, or less thanone month in which the seller
shall collect or receive payment from the purchaser of
the charges for such utilities service. [Ord. No. 64-10,
§ 4, 28 Apr 1964]
§ 541.05 Purchase of Utilities Service. The pur-
chase of such utilities service for each dwelling,
separate apartment in an apartment house, or duplex
house, or dwelling house divided into separate living
apartments, hotel, rooming house, restaurant, store,
office, manufacturing plant, or other place of business,
manufacture, service, or residence shall be considered
a separate purchase for the purpose of computing the
§ 541.05
UTILITY TAX § 541.08
maximum tax to be paid for the purchases during each
month, regardless of the ownership, management, control,
or occupancy of such dwellings, apartment, stores, offices,
or other places of business, service, manufacture, or
residence hereinabove enumerated, and the monthly pur-
chases of each such place of dwelling or business shall
be computed separately, even though more than one of the
same may be owned, occupied, managed, or controlled by
the same person, or even though two or more of the same
shall be serviced by a master meter. The tax to be paid
on master meters shall be at a rate of ten percent of the
said charge for the utilities service. [Ord. No. 64-10,
§ 5, 28 Apr 1964]
Sec. 541.06 Effective Date of Tax. The tax herein
levied shall be effective upon each and every purchase
in the City of Cape Canaveral of such utilities service
from and after the first day of February 1963 and, in
all cases, where the seller shall collect the price
thereof for monthly periods, the said monthly periods
shall be computed on the basis of the calendar month;
provided, however, that any seller may elect to compute
the tax on the basis of a monthly period, other than a
calendar month, if such seller shall file with the City
Treasurer of the City of Cape Canaveral a written des-
ignation of the monthly period to be used by the seller,
and upon such designation the seller may use the monthly
period so designated as the basis for the computation
of monthly charges. The said period may be changed by
such seller from time to time by fixing a different
monthly period and if by such change the period shall be
lengthened or extended the maximum tax for any period of
less than or more than one month resulting from the change
of period shall be computed by increasing or reducing the
said maximum proportionately to the excess or fraction
of a month resulting from such change. [Ord. No. 64-10,
§ 6, 28 Apr 1964]
Sec. 541.07 Computing Tax on Coinbox Telephones.
For the purpose of computing the tax on coinbox telephones,
the charge made by the seller to the purchasers for ser-
vice through said telephones shall be deemed to be not
more than the same charge for a private or individual
business telephone in the same locality. [Ord. No. 64-10,
§ 7, 28 Apr 1964]
Sec. 541.08 Tax Exemptions. The purchase of utilities
service by the United States, the State of Florida, the
County of Brevard, the City of Cape Canaveral, the Board
§ 541.08
UTILITY TAX § 541.12
of Public Instruction of Brevard County, and any other
governmental subdivisions of any of said governing bodies
shall be exempted from the taxes levied under this Chapter.
[Ord. No. 64-10, § 8, 28 Apr 1964]
Sec. 541.09 Collection of Tax. It shall be the duty
of every seller of such utilities service to collect from
the purchaser, for the use of the City of Cape Canaveral,
the tax hereby levied, at the time of collecting the sel-
ling price charged for each transaction, and to report
and pay over, on or before the 15th day following the end
of the month, either calendar or elective of the seller,
to the treasurer of the City of Cape Canaveral all such
taxes levied and collected during the preceding month.
[Ord. No. 64-10, § 9, 28 Apr 1964]
Sec. 541.10 Records. It shall be the duty of every
seller of such utilities service to keep complete records
showing all purchases in said City of such utilities ser-
vice, which records shall show the price charged upon each
purchase, the date thereof, and the date of payment there-
fore, and the said records shall be kept open for inspection
by the Treasurer of the City of Cape Canaveral, or any
other duly authorized agent of the City of Cape Canaveral
during all business hours on all business days; and the
said Treasurer, or any duly authorized agent of the City,
shall have the right, power, and authority to inspect the
said records and make transcripts thereof during such
times as he may desire; provided that the right of inspec-
tion shall be exercised, as far as possible, so as to not
interfere with the orderly arrangement and conduct of the
books and records of the seller. [Ord. No. 64-10, § 10,
28 Apr 1964]
Sec. 541.11 Bottled Water Exempt. The tax hereby
levied shall not apply to purchases of bottled water.
[Ord. No. 64-10, § 11, 28 Apr 1964]
Sec. 541.12 Purchase of Utilities Service without
Collecting Tax. It shall be unlawful for any purchase
of utilities service without, at the same time, collecting
the tax hereby levied in respect to such purchase, unless
such seller shall elect to assume and pay such tax with-
out collecting the same from the purchase. Any seller
who shall fail to collect such tax at the time of collect-
ing the price of any such purchase, where the seller has
not elected to assume and pay such tax, shall be liable
to the City for the amount of such tax in, like manner as
if the same had been actually paid to the seller. If the
§ 541.12
UTILITY TAX § . 541.15
seller shall elect to assume and pay such tax, he shall
pay the same each month to the City in the same manner
as if such seller had actually collected said tax from
the purchaser. [Ord. No. 64-10, § 12, 28 Apr 1964]
Sec. 541.13 Failure to Pay Taxes Collected; Penalty.
If any seller shall fail to pay any taxes collected or
assumed by him within ten days after he shall be required
to pay the same to the City, he shall be liable to and
shall pay in addition to- the said tax a penalty equal to
one percent per day for each day the said payment shall
be in default after the first ten days. If any seller
shall be in default for more than ten days, the Treasurer
of the City of Cape Canaveral shall be authorized and em-
powered, and he is hereby directed to certify the fact
of such default to the City Attorney, and thereupon the
City Attorney shall be, and he is hereby, directed to
enforce payment from such seller of the amount of such
tax due to the City by action at law or suit in equity,
and if the same shall be collected by action or suit the
seller shall pay, as an additional penalty such reasonable
attorney's fees as may be fixed by the court in which
such action or suit is brought to reimburse the City for
the expenses incurred for the services of the City Attorney
in enforcing collection; provided, however, that in no
event shall any seller be liable to the City for payment
of any tax upon any uncollected bills. [Ord. No. 64-10,
§ 13, 28 Apr 1964]
Sec. 541.14 Discontinuance of Utilities Service. If
any purchaser shall fail, neglect, or refuse to pay to the
seller the seller's charge for the sale to the purchaser
of such utilities service and in addition thereto the tax
hereby imposed on account of the purchase for which such
charge is made, or either, the seller shall be authorized
to and is hereby required to immediately discontinue the
further sale or furnishing to any such purchaser of any
such utilities service until the tax and the seller's
charge shall have been paid in full. [Ord. No. 64-10,
14, 28 Apr 1964]
Sec. 541.15 Sale of Utilities Service without Collec-
tion of Tax. It shall be unlawful for any seller, or any
officer, agent, or employee of any seller, to collect the
price to be received by the seller for the sale of any
utilities service as herein described, without, at the
same time, collecting the tax hereby levied in respect
to the purchase of such utilities service. [Ord. No.
64-10, § 15, 28 Apr 1964]
� s`
§ 541.16 UTILITY TAX § 514.20
Sec. 541.16 Payment of Utilities Service Without
Payment of Tax. It shall be unlawful for any purchaser
to pay to any seller the price charged by such seller
for the purchase of such utilities service without, at
the same time and in the same transaction, paying to the
seller the tax hereby levied on such purchase, unless the
seller has elected to assume and pay such tax. [Ord. No.
64-10, § 16, 28 Apr 1964]
Sec. 541.17 Failure to Pay Tax Imposed; Penalty. Any
purchaser who shall fail to pay the tax hereby imposed,
at the same time and in the same transaction with the pay-
ment to the seller of the utilities service purchased,
shall be liable to the City for a penalty equal to one
percent of the total charge for the utilities service for
each day of the default, which penalty shall be collected
by the seller and paid over to the City. If any seller
shall discontinue the service of a purchaser because of
the nonpayment of the tax, it shall be unlawful to restore
such service until the tax and penalty shall have been
paid in full. [Ord. No. 64-10, § 17, 28 Apr 1964]
Sec. 541.18 Penalty. Any seller, officer, agent, or
employee of any seller, or any purchaser, or any officer,
agent or employee of any purchaser, who shall violate any
of the provisions of §§ 541.12, 541.15, 541.16 or 541.17
of this Chapter shall, upon conviction, be punished by
being fined an amount not exceeding Two Hundred Fifty
Dollars ($250.00) or by being imprisoned for a term not
exceeding sixty (60) days, or by both such fine and im-
prisonment. Each separate violation of any provision
of any said Sections shall constitute a separate offense.
[Ord. No. 64-10, § 18, 28 Apr 1964]
Sec. 541.19 Application. The provisions of this
Chapter shall apply to all persons, corporations, part-
nerships, joint adventurers, or other bodies, or firms
selling or purchasing within the limits of the City of
Cape Canaveral any utilities service regardless of the
place of residence or place of business of any such
seller or purchaser, and the tax shall apply to each and
every purchase of such utilities service in the City of
Cape Canaveral except those specifically exempted herein.
[Ord. No. 64-10, § 19, 28 Apr 1964]
Sec. 541.20 Appropriation of Revenue. All revenues
received, collected, or derived from the taxes levied by
this Chapter shall be paid by the sellers to the Treasurer
of the City of Cape Canaveral and shall be held and used
§ 514.20
UTILITY TAX § 514.21
and considered hereby appropriated for all legal cor-
porate purposes, including the payment of revenue
obligations to be hereafter issued for sanitary sewer
purposes. [Ord. No. 64-10, § 20, 28 Apr 1964]
Sec. 541.21 Tax and Appropriation Continuing. The
tax hereby levied shall be a continuing tax, and the
appropriation here made of the proceeds of such tax
shall be a continuing appropriation so long as all of
the aforesaid revenue obligations shall be outstanding
or until provision for the full payment thereof shall
have been made. [Ord. No. 64-10, § 21, 28 Apr 1964]
§ 543.01
COURT ASSESSMENT
CHAPTER 543
COURT ASSESSMENT
§ 543.01
Sec. 543.01 Court Assessment Established. Pursuant
to 23.105, Florida Statutes, the City of Cape Canaveral
assesses an additional $1.00 for law enforcement
education expenditures for their law enforcement
officers. [Ord. No. 27-73, § 1, 17 Jul 1973]
61 § 547.01
BUILDING PERNIIT .hEhS
CHAPTER 547
BUILDING PERMIT FEES
5 547.01
Sec. 547.01 Building Permit Fee Schedule. The City
of Cape Canaveral, Florida, does hereby establish as its
schedule for building permits on all construction in the
City of Cape Canaveral, Florida, the following fee sched-
ule.
(A) Building and Miscellaneous. On all buildings,
structures or alterations requiring a building permit,
a fee shall be paid as required at the time of filing
application as follows:
(1) Alterations, remodeling, repairs and
moving, in proportion to area of building and
extent of inspection required, provided the
fee shall not exceed one-half of the regular
fee for new construction of like classifi-
cation per $1,000.00 valuation
Minimum Fee
(2) Moving of Building
(3) Demolition
(4) BUILDING PERMIT FEES SCHEDULE
Total Valuation Fees
$100.00 or less
$101.00 to
$2,000.00
$2,001.00 to
$15,000.00
$15,001.00 to
$50,000.00
$ 5.00
5.00
50.00
25.00
No fee, unless inspection required
in which case a $5.00 fee for each
inspection shall be charged.
$5.00 per thousand or fraction
thereof.
$10.00 for the first $2,000.00 plus
$3.00 for each additional thousand
or fraction thereof, to and including
$15,000.00.
$49.00 for the first $15,000.00 plus
$2.50 for each additional thousand
or fraction thereof, to and including
$50,000.00.
§ 547.01
Total Valuation
$50,001.00 to
$100,000.00
$100,001.00 to
$500,000.00
$500,000.00 and up
BUILDING PERMIT r EhS j § 547.01
Fees
$136.50 for the first $50,000.00 plus
$2.00 for each additional thousand or
fraction thereof, to and including
$100,000.00.
$236.50 for the first $100,000.00
plus $1.25 for each additional thous-
and or fraction thereof, to and in-
cluding $500,000.00
$736.50 for the first $500,000.00
plus $.75 for each additional thous-
and or fraction thereof.
Total valuation for residential permit fees shall be
based on a value of $30.00 per square foot for all
living areas and $15.00 per square foot for garages,
basements, carports and enclosed patios and proches.
A building permit fee for commercial structures shall
be based upon the owner's declared value, as approved
by the Building Official.
(5) Signs, per $1,000 valuation
(6) Block Walls and fences per $1,000
valuation
(7) Seawall, per $1,000 valuation
(8) Retaining wall, per $1,000
valuation
(9) Well (deep or shallow)
(10) Certificate of Occupancy (replace-
ment or change of use)
(11) Portable Signs:
1 - 3 days
4 - 7 days
8 - 15 days
16 - 31 days
$ 5.00
5.00
5.00
5.00
5.00
5.00
2.50
5.00
7.50
15.00
All other permits, not listed above, per
$1,000 valuation 5.00
§ 547.01
BUILDING PERMIT hEhS § 547.01
(12) Plan Checking Fee - 25% of the building fee
for checking plans of over $5,000.00 valuation. In
the event said plans are reviewed by the City Engineer,
then the provisions of Chapter 547.01 (D) shall prevail,
in addition to this plan checking fee.
(B) Plumbing. In addition to any fee or fees charged
in subsection (A) above.
(1) Single family permit charge
(2 1/2 baths)
Multi -family permit charge per unit
(1 1/2 baths)
Hotel/Motel permit charge per unit
(1 bath').
$ 35.00
25.00
20.00
Minimum plumbing permit 10.00
For each plumbing fixture, floor drain,
or trap (including water and drainage
piping):
Water Closet
Lavatory
Bathtub
Shower
Urinal
Sink
Disposal Unit
Dishwasher
Washing Machine
Laundry Tub
Drinking Fountain
Sewer
Floor Drain
Catch Basin or Sump
Grease Trap
Service Sink
Trailer Connection
For installation, alteration or repair
of water piping and/or water treating
equipment
2.00
5.00
For repair or alteration of drainage or
vent piping 5.00
(2) A charge of ten dollars shall be made for
reinspection of plumbing installation
Pools - Res./Comm.
Sewer Tap -in Inspection Fee
(3).
10.00
10.00
10.00
§ 547.01
BUILDING PERMIT 1EhS
§ 547.01
(C) Electrical. In addition to any fee or fees
charged in subsection (A) above.
(1) Single Family per unit $ 50.00
Multi -Family per unit 40.00
Hotel/Motel per unit 35.00
Minimum Electrical Permit 10.00
Outlets at which current is controlled
or consumed, for each outlet .20
Each lighting fixture .20
Each outlet controlling window type
air conditioning .20
Continuous receptacle strip assemblies .20
Each service charge 10.00
Motors or Generators 1 HP thru 10 HP 2.00
Over 10 HP 3.00
Sign Outlets per circuit 10.00
Per Sign
Each Heating Appliance up to 1 kw 1.00
Over 1 kw but not over 10 kw With A/C
Over 10 kw With A/C
Electrical water heaters 2.00
Dishwasher, disposal, etc. 2.00
Electric ranges, each appliance 2.00
Oil burner units or central A/C units 10.00
Exhaust fans under 1 HP .50
Electric elevators 10.00
Electric signs (incandescent) 10.00
Per Sign
§ 547.01
BUILDING PERMIT FEES § 547.02
(2) Reinspection fees. When extra inspection trips are
necessary due to wrong address, second call on con-
demned work, additional work done after inspection
has been made, or work not ready for inspection
when called, a charge of five dollars ($5.00) shall
be made for each trip.
(D) Where plans and specifications for construction in
the City of Cape Canaveral, Florida, are reviewed by the
City Engineer, then the actual costs of such review shall
be paid by the applicant, whether a building permit is
issued or not. The Building Official may require a de-
posit of estimated cost upon receipt of application for
building permit. [Ord. No. 15-73, § 1, 1 May 1973; Ord.
No. 10-74, § 1, 7 May 1974; Ord. No. 1-76, § 1, 24 Feb.
1976; Ord. No. 12-76, §§ 1,2, 8 Jun 1976; Ord. No. 2-81,
§ 1, 3 Mar 1981; Ord. No. 11-81, §§ 1,2, 18 Aug 1981]
Sec. 547.02 Valuation based on actual construction
price. Where construction valuation is required to de-
termine the permit fee, such valuation shall be based
upon the actual construction contract price (with satis-
factory evidence of same being submitted to the Building
Official) or a construction cost estimate made by the
Building Official, except as otherwise provided in Section
547.01 (A) (4) herein. [Ord. No. 15-73, § 2, 1 May 1973;
Ord. No. 1-76, § 1, 24 Feb 1976]
si1
§ 601.01
CRTMTNAL STATUTES ADOPTED
CHAPTER 601
FLORIDA CRIMINAL STATUTES ADOPTED
§ 601.02
Sec. 601.01 Florida Statutory Misdemeanor Acts
Prohibited. It shall be unlawful to commit, within the
limits of the City of Cape Canaveral, any act which is or
shall be recognized by the laws of the State of Florida
as a misdemeanor; and the commission of such acts are
hereby forbidden. [Ord. No. 1-62, § 1, 19 Jun 1962]
Sec. 601.02 Penalty. Any person found guilty of
violating any section of this Chapter shall be punished
by the same penalty as provided by the laws of the
State of Florida, but in no case shall such penalty
exceed that provided in § 801.01 of this Code. [Ord.
No. 1-62, § 2, 19 Jun 1962; Ord. No. 1-62A, 6 Aug 1963]
§ 603.01
ARREST PROCEDURE
CHAPTER 603
ARREST PROCEDURE
§ 603.02
Sec. 603.01 Process following Arrest. Upon making
an arrest for a violation of this Code or of Florida
Statutes conferring jurisdiction, any police officer
shall do the following prior to releasing the person
from custody.
(A) He shall take the name, address of residence,
and mailing address of the alleged violator. If the
offense involved the use of a motor vehicle, the officer
shall additionally take the operator license number of
the alleged violator and the registration number of the
vehicle involved.
(B) He shall issue to the alleged violator a cita-
tion or notice in writing on a form provided by the City
Clerk to answer to the charge stated therein at the next
regular session of a court of competent jurisdiction.
(C) He shall obtain a written promise by the alleged
violator that said violator will answer as specified in
the citation or notice on the required date. [Ord. No.
1-72, § 1, 1 Feb 1972]
Sec. 603.02 Police Authorized to Detain following
Arrest.
(A) In every case where a willful, wanton, and
deliberate violation of law has occurred, the alleged
violator may be detained by the Police Department until
he is arrainged before a magistrate or judge of competent
jurisdiction or he is released in accordance with § 603.03,
below.
(B) In every case where an arrest occurs under both
§ 316.028, Fla. Stat. (persons under influence of in-
toxicating liquor or drugs) and § 316.029, Fla. Stat.,
(reckless driving), or it appears doubtful that the
violator will appear pursuant to the process of § 603.01,
above, the alleged violator shall be detained by the Police
Department, until he is arraigned before a magistrate or
judge of competent jurisdiction or he is released in
accordance with § 603.03, below. [Ord. No. 1-72, § 1,
1 Feb 1972]
§ 603.03
ARREST PROCEDURE § 603.04
Sec. 603.03 Release from Detention.
(A) Any person detained pursuant to § 603.02, above,
may obtain his release by posting such bond as to insure
his appearance for arraingment.
(B) Any person detained pursuant to §603.02 (B),
above, may, at the discretion of the arresting officer,
obtain his release without posting bond if said person
agrees to the impounding of the vehicle operated by the
violator in accordance with §§ 681.01, 681.02.
(C) Any person detained pursuant to § 603.02 (B),
above, may, at the discretion of the arresting officer,
obtain his release without posting bond if said person
agrees to surrender his state operator's license until
his appearance for trial and the payment of such fine
as may be assessed against him. [Ord. No. 1-72, §§ 1,
2, 1 Feb 1972]
Sec. 603.04 Violations of Procedure. Any police
officer violating any of the provisions of this Chapter
shall be guilty of misconduct in office and subject to
disciplinary action. [Ord. No. 1-72, § 1, 1 Feb 19721
ae
§ 604.01
UNLAWFUL CONSUMPTION § 604.03
OF ALCOHOLIC BEVERAGE
CHAPTER 604
UNLAWFUL CONSUMPTION
OF ALCOHOLIC BEVERAGE
Sec. 604.01 Prohibiting Consumption or Possession of
Alcoholic Beverage. It shall be unlawful for any person
to drink, consume or possess an open container of alco-
holic beverage, including but not limited to, beer and
wine, on or upon any street, alley, sidewalk or parking
area open to the public in the ordinary course of business
within the City of Cape Canaveral, Florida, provided, how-
ever, that this prohibition shall not apply to the ocean
beach. [Ord. No. 9-75, § 1, 6 May 1975]
Sec. 604.02 Prohibiting Consumption or Possession of
Alcoholic Beverage. It shall be unlawful for any person
to drink, consume or possess an open container of alco-
holic beverage, as defined in Chapter.561, Florida Statutes,
within the confines of any public park, public recreational
area, public recreation facility or public ball park with-
in the City of Cape Canaveral, Florida, excluding the ocean
beach.
The City Manager may waive the prohibitions of this Section
for any special event, including but not limited to com-
munity picnics, charitable ball games and other events,
provided that nothing contained herein shall be deemed
to waive any provisions of the Florida law regulating
alcoholic beverages. [Ord. No. 13-75, § 1, 13 May 1975;
Ord. No. 9-77, § 1, 17 May 1977]
Sec. 604.03 Penalty. Any person convicted of a vio-
lation of this Ordinance by a court of competent juris-
diction shall be punished by a fine not to exceed One
Hundred Dollars ($100.00), or by both such fine and
imprisonment. [Ord. No. 13-75, § 2, 13 May 1975]
§ 605.01
CIVIL EMERDINCY § 605.03
CHAPTER 605
CIVIL EMERGENCY
Sec. 605.01 Definitions.
Civil Emergency is hereby defined to be:
(1) A riot or unlawful assembly characterized by
the use of actual force or violence or any threat to
use force if accompanied by immediate power to execute
by three or more persons acting together without authority
of law.
(2) Any natural disaster or manmade calamity including
flood, conflagration, cyclone, tornado, hurricane, earth-
quake or explosion within the corporate limits of the
City of Cape Canaveral resulting in the death or injury
of persons or the destruction of property to such an ex-
tent that extraordinary measures must be taken to protect
the public health, safety and welfare.
Curfew is hereby defined as a prohibition against any
person or persons walking, running, loitering, standing or
motoring upon any alley, street, highway, public property
or vacant premises within the corporate limits of the City
of Cape Canaveral, excepting the persons officially desig-
nated to duty with reference to said civil emergency.
[Ord. No. 8-69, 5 1, 21 Oct 1969]
Sec. 605.02 Persons Authorized to Declare Civil Emergency.
When in the judgment of the Mayor, or in the absence of the
Mayor, the City Manager, or in the absence of the City
Manager, any available councilman, a civil emergency as
defined herein is deemed to exist, he shall forthwith pro-
claim in writing the existence of same. [Ord. No. 8-69,
§ 2, 21 Oct 1969]
Sec. 605.03 Powers when a Civil Emergency Exists.
After proclamation of civil emergency, as described in
§5 605.01, 605.02, the person declaring the civil emergency
may order a general curfew applicable to such geographical
areas of the City or to the City as a whole, as he deems
advisable, and applicable during such hours of the day or
night as he may deem necessary in the interest of the public
safety and welfare. The person proclaiming a civil emer-
gency is also empowered to close the stores or places of
business and make such other temporary orders for the
preservation of the peace or protection of life or prop-
erty as he may deem necessary and such order shall have
the force and effect of law. [Ord. No. 8-69, § 3, 21 Oct
1969]
§ 605.04
CIVIL EMERGENCY § 605.04
Sec. 605.04 Violations of Orders Punishable. Any
person violating ,`the provisions of this Chapter or
executive order issued pursuant hereto or any person who
willfully fails or refuses to comply with the order or
orders of any duly authorized law enforcement officer or
personnel charged with the responsibility of the enforce-
ment of such executive order shall be punished by fine of
not more than $300.00 or by imprisonment for a period not
to exceed sixty (60) days, or by both such fine and im-
prisonment. [Ord. No. 8-69, § 4, 21 Oct 1969]
§ 607.01
UNLAWFUL ESCAPE
CHAPTER 607
UNLAWFUL ESCAPE
§ 607.02
Sec. 607.01 Unlawful to Escape. It shall be unlawful
for any person to escape from any jail or from the custody
of any prison guard or peace officer, either before or
after conviction. [Ord. No. 23-71, § 1, 4 Jan 1972]
Sec. 607.02 Penalty. Any person violating any pro-
vision of this Chapter shall be punished as provided in
§ 801.01. [Ord. No. 23-71, § 2, 4 Jan 1972]
5 609.01
CURFEW FOR MINORS
CHAPTER 609
CURFEW FOR MINORS
§ 609.03
Sec. 609.01 Loitering of Minor Prohibited: It shall
be unlawful for any minor under the age of 18 years to
loiter, idle, wander, stroll or play in or upon the public
beaches, public streets, highways, roads, alleys, parks,
playgrounds or other public grounds, public places and
public buildings, places of amusement and entertainment,
vacant lots or other unsupervised places between the hours
of 10:00 p.m. and 6:00 a.m. of the following day official
City time, except on Fridays and Saturdays, when the hours
shall be 12:00 midnight to 6:00 a.m., provided, however,
that the provisions of this Section do not apply to a minor
accompanied by his or her parent, guardian or other adult
person having the care and custody of the minor, or where
the minor is upon an emergency errand or legitimate busi-
ness, directed by his or her parent, guardian or other
adult person having the care and custody of the minor.
Each violation of this Section shall constitute a separate
offense. [Ord. No. 8-66, § 1, 3 Mar 1966; Ord. No. 30-74,
§ 1, 5 Nov 1974]
Sec. 609.02 Responsibility of Parents: It shall be
unlawful for the parent, guardian or other adult person
having the care and custody of a minor under the age of
18 years to knowingly permit such minor to loiter, idle,
wander, stroll, or play in or upon the public beaches,
public streets, highways, roads, alleys, parks, play-
grounds or other public grounds, public places and public
buildings, places of amusement and entertainment, vacant
lot or other unsupervised places, between the hours of
10:00 p.m. and 6 a.m. of the following day official City
time, except on Fridays and Saturdays when the hours shall
be 12:00 midnight to 6:00 a.m; provided, however, that
the provisions of this Section do not apply when the minor
is accompanied by his or her parent, guardian or other
adult person having the care and custody of the minor or
where the minor is upon an emergency errand or legitimate
business directed by his or her parent, guardian or other
adult person having the care and custody of the minor.
Each violation of this Section shall constitute a separate
offense. [Ord. No. 8-66, § 2, 15 Mar 1966; Ord. No. 30-74,
§ 2, 5 Nov 1974]
Sec. 609.03 Loitering of Minor Prohibited: It shall
be unlawful for any minor under the age of 14 years to
loiter, idle, wander, stroll or play in or upon the public
§ 609.03
CURFEW FOR MINORS
§ 609.05
beaches, public sreets, highways, roads, alleys, parks,
playgrounds or other public grounds, public places and
public buildings, places of amusement and entertainment,
vacant lots or other unsupervised places between the hours
of 9:00 p.m. and 6:00 a.m. of the following day official
City time, except on Fridays and Saturdays when the hours
shall be 10:00 p.m. to 6:00 a.m. provided however, that
the provisions of this Section do not apply to a minor
accompanied by his or her parent, guardian or other adult
person having the care and custody of the minor, or where
the minor is upon an emergency errand or legitimate busi-
ness, directed by his or her parent, guardian or other
adult person having the care and custody of the minor.
Each violation of this Section shall constitute a separate
offense. [Ord. No. 8-66, § 3, 15 Mar 1966]
Sec. 609.04 Responsibility of Parents: It shall be
unlawful for the parent, guardian or other adult person
having the care and custody of a minor under the age of
14 years to knowingly permit such minor to loiter, idle,
wander, stroll or play in or upon the public beaches,
public streets, highways, roads, alleys, parks playgrounds
or other public grounds, public places and public buildings,
places of amusement and entertainment, vacant lots or other
unsupervised places between the hours of 9:00 p.m. and 6:00
a.m. of the following day official City time, except on
Fridays and Saturdays when the hours shall be 10:00 p.m.
to 6:00 a.m., provided, however, that the provisions of
this Section do not apply when the minor is accompanied
by his or her parent, guardian .or other adult person having
the care and custody of the minor or where the minor is
upon an emergency errand or legitimate business directed
by his or her parent, guardian or other adult person having
the care and custody of.the minor. Each violation of this
Section shall constitute a separate offense. [Ord. No.
8-66, § 4, 15 Mar 1966]
Sec. 609.05 Arrest or Dentention Procedure: Any minor
taken into custody for violation of Section 1 or 3 of this
Ordinance shall be immediately transported either to his
or her home and delivered to the parent, guardian or other
adult person having the care and custody of such minor, or
to the Cape Canaveral police facility to be detained until.
the parent, guardian or other adult person having the care
and custody of such minor may be notified and advised to
take custody of said minor. In the event there is no such
parent, guardian or other adult person having the care and
custody of said minor present in the home of the minor when
the officer attempts to deliver the minor, or upon an attempt
1 U § 6 0 9. 0 5 CURFEW FOR MINORS § 609.07
to contact said parent, guardian or other adult person
having the care and custody of the minor, then said minor
shall be referred immediately to the Division of Youth
Services for the State of Florida. [Ord. No. 8-66, § 5,
15 Mar 1966; Ord. No. 30-74, § 5, 5 Nov 1974]
Sec. 609.06 Penalty: Any minor under the age of 18
years violating the provisions of Section 1 or 3 of this
Ordinance shall be referred to the Division of Youth Ser-
vices for the State of Florida. Any parent, guardian or
other adult person having the care and custody of a minor
violating Section 2 or 4 of this Ordinance shall be fined
not more than $100.00 for each offense. [Ord. No. 8-66,
§ 6, 15 Mar 1966; Ord. No 30-74, § 6, 5 Nov 1974]
Sec. 609.07 Invalidity or Unconstitutionality by any
Court of Competent Jurisdiction: If any section, sub-
section, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitu-
tional by any Court of competent jurisdiction, such
portion shall be deemed a separate, distinct and in-
dependent provision and such holding shall not affect
the validity of the remaining portions hereof. [Ord.
No.30-74, § 8, 5 Nov 1974]
§ 610. 01 DISPOSITION OF ABANDONED, FOUND § 610.03
OR VALIDLY SEIZED PROPERTY
CHAPTER 610
DISPOSITION OF ABANDONED, FOUND
OR VALIDLY SEIZED PROPERTY
Sec. 610.01 Purpose. The purpose of this ordinance
provides for the disposal of abandoned, found or validly
seized property in the possession of the Cape Canaveral
Police Department. [Ord. No. 4-76, § 1, 18 Mar 1976]
Sec. 610.02 Definitions. For the purpose of this
Chapter, the following definitions shall apply in the
interpretation, enforcement and intent of this Chapter.
When not inconsistent with the context, words used in
the present tense include the future, words in the
plural number include the singular and words in the
singular number include the plural. The word "shall" is
alwaysmandatory and not merely directory:
(A) Abandoned Vehicle. Any motor vehicle or bicycle
or part thereof to which the last registered owner of
record has relinquished all apparent dominion and control,
or any motor vehicle or bicycle or part thereof which has
been left on public or private property for which no
arrangment has been made for its removal or storage with-
in an enclosed building with the owner or occupant of the
premises upon which it is located within a period of thirty
(30) days from the date such motor vehicle or bicycle or
part thereof was left on said property.
(B) Junked Motor Vehicle. Any motor vehicle or
bicycle or part thereof which is in a wreck, partially
dismantled, inoperative or worn out condition, which con-
dition is such that the vehicle or part thereof cannot be
reasonably repaired. Any motor vehicle not mobile under
its own power and without a current Florida License plate
or without a current State Highway Patrol Inspection Cer-
tificate installed thereon in a proper manner may be
classified as a junked motor vehicle.
(C) Street or Highway. The entire width between the
boundary lines of publicly owned or maintained way when
any part thereof is open to the use of the public for pur-
poses of vehicular traffic. [Ord. No. 4-76, § 2, 18 Mar
1976]
Sec. 610.03 Custodian of Abandoned or Found Property.
The Chief of Police of the City of Cape Canaveral Police
§ 610.03
DISPOSITION OF ABANDONED, FOUND § 610.06
OR VALIDLY SEIZED PROPERTY
Department shall designate the persons in the employ of
the Police Department as the enforcement officer or
officers in charge of the personal property covered by
this ordinance. Said enforcement officer shall have the
responsibility for the care, custody and control of all
property in a manner approved by the City Treasurer. The
Chief of Police shall provide the necessary space for the
storage of said property, and shall provide the necessary
security for the safekeeping of said property. [Ord. No.
4-76, 5 3, 18 Mar 1976]
Sec. 610.04 Disposition of Abandoned or Found Property.
Whenever personal property of any kind, except money, comes
into the custody of the Police Department, and the persons
entitled to the possession of this property cannot be lo-
cated and/or fail to claim the property for a period of
sixty (60) days, the City Clerk shall be so notified and
may dispose of the said property in accordance with the
provisions of this ordinance. [Ord. No 4-76, § 4, 18 May
1976]
Sec. 610.05 Stored or Parked, Junked or Abandoned
Motor Vehicles or Parts thereof on Public Property Pro-
hibited. It shall be unlawful for any person to park,
store or leave junked or abandoned motor vehicles or parts
thereof on any street, road, highway, alley, public way, or
on any public property within the City of Cape Canaveral,
Florida, in excess of twenty-four (24) hours. [Ord. No.
4-76, § 5, 18 May 1976]
Sec. 610.06 Notice to Owner or all Persons Interested
in Attached Property Located on Private or Public Property.
(A) Whenever it shall appear that a junked or abandoned
motor vehicle or part thereof is parked, stored or left
upon any private or public property within the City of Cape
Canaveral, Florida, for a period in excess of thirty (30)
days, the enforcement officer shall place or cause to be
placed a written notice upon such motor vehicle or part
thereof, in substantially the following form:
"NOTICE TO OWNER AND ALL PERSONS INTERESTED IN THE
ATTACHED PROPERTY"
This property to -wit (setting forth brief descritpion)
located at (setting forth brief description of location)
is improperly stored and is in violation of Ordinance No.
4-76 and must be removed within ten (10) days from date
1q
§ 610.06
DISPOSITION OF ABANDONED, FOUND § 610.07
OR VALIDLY SEIZED PROPERTY
of this notice otherwise it shall be presumed to be
abandoned property and will be removed and destroyed or
sold by order of the City of Cape Canaveral, Florida.
Dated: (setting forth date of posting of notice).
Signed: (setting forth name, title, address and telephone
number of enforcing officer).
(B) Such notice shall not be less than eight (8) inches
by ten (10) inches and shall be sufficiently weatherproof
to withstand normal exposure to the elements for a period
of ten (10) days. In addition to posting, the enforcement
officer shall mail, by regular United States mail, a copy
of the notice to the owner of the real property upon which
the junked or abandoned motor vehicle or part thereof is
located, as shown by the latest County Tax Assessor's roll,
and a copy of such notice shall be conspicuously posted
upon the premises on or before the date of posting of such
notice on the motor vehicle or part thereof.
(C) If at the end of ten (10) days after posting such
notice the owner or person acting on his behalf does not
remove the junked or abandoned motor vehicle or part there-
of, and complies with this article, the enforcement officer
may cause the motor vehicle or part thereof to be removed.
(D) The act of removal, destruction or removal of the
written notice as described in section (A) shall be unlaw-
ful and any person emitting such act shall be guilty of
a misdemeanor and upon conviction thereof shall be punished
in accordance with Section 801.01 of the Code of the City
of Cape Canaveral, Florida. Such removal, destruction or
obliteration of the notice as provided for herein shall
not be a defnse to non-compliance with any of the pro-
visions of this section. [Ord. No. 4-76, § 6, 18 May 1976]
Sec. 610.07 Notice to Owners of Junked or Abandoned
Motor Vehicles or Parts thereof, or any other Personal
Property. Whenever the enforcement officer causes any
motor vehicle or part thereof or any other personal
,property which is the subject matter of this Ordinance
to be removed from public or private property under the
provisions of this Ordinance, whether such motor vehicle
or part thereof or other property is determined to be
junked or abandoned as defined in this Ordinance, he shall
thereupon make reasonable effort to notify the owner of
such motor vehicle or other property by certified mail, of
the location thereof and of the right of said owner to
secure return of possession of said property, upon costs
§ 610.07 DISPOSITION OF ABANDONED, FOUND
OR VALIDLY SEIZED PROPERTY
§ 610.08
of removal being paid, and costs of storage, if any.
Inquiry by the enforcement officer to the Department of
Highway and Motor Vehicles of the State of Florida, when-
ever possible, shall constitute a good faith reasonable
effort to determine the identity and location of owner
of a motor vehicle or part thereof.. The notice provided
for herein shall be mailed to the last known registered
owner of the motor vehicle or of any other property. If
any abandoned motor vehicle or part thereof, or any other
personal property is in the custody of the Cape Canaveral
Police Department and remains unclaimed and the cost for
removal and storage remains unpaid for sixty (60) days
from the date of removal or abandonment, such abandoned
property shall be sold by the City Clerk at a public sale
or may be released to an independent contractor to cover
said contractor's cost for removal and storage of the
abandoned property.
The City Clerk shall publish notice of the public sale
in a newspaper of general circulation within Brevard County.
Such notice shall be published one time at least seven (7)
days prior to the date of such public sale, and shall con-
tain the location and date of public sale and a general
description of the abandoned motor vehicle or other per-
sonal property to be sold at that public sale, which
description shall reasonably describe the property to be
sold. From the funds received from any such sale, there
shall be deposited in the general fund of the City of Cape
Canaveral an amount to assist in defraying expenses of the
enforcement of this ordinance, all necessary expenses in-
curred in connection with the impounding and sale of such
abandoned motor vehicles or other personal property, and
the balance thereof may be claimed by the rightful owner
within thirty (30) days from the date of such sale. The
City Clerk shall have the right to refuse to sell the
abandoned motor vehicle or other personal property, if
the highest price bid at the public sale is insufficient
to cover the costs incurred by the City for removal,
storage and administration of such personal property.
[Ord. No. 4-76, § 7, 18 May 1976]
Sec. 610.08 Entry upon Private Property for Notice or
Removal Authorized. The enforcement officer and his
designated representatives shall be immune from prosecu-
tion, civil or criminal, for reasonable, good faith
trespass upon real property while in the discharge of
the duties imposed by this ordinance. [Ord. No. 4-76,
§ 8, 18 May 1976]
as
5 610.09
DISPOSITION OF ABANDONED, FOUND 5 610.11
OR VALIDLY SIEZED PROPERTY
Sec. 610.09 The City Council to Determine Other Methods
of Disposition. The City Council shall have the right to
determine alternate disposition of personal property covered
by this ordinance, in the event some charitable or public
purpose would be served thereby, provided all notices re-
quired herein have been complied with. [Ord. No. 4-76, § 9,
18 May 1976]
Sec. 610.10 Reports of Abandoned Property. It shall
be the obligation of the Chief of Police to provide the
City Clerk with a report of the disposition of all abandoned,
junked or found property covered by this ordinance at least
once a year. [Ord. No. 4-76, § 10, 18 May 1976]
Sec. 610.11 Penalties for Violation. Any person vio-
lating any of the provisions of this article shall be
guilty of a misdemeanor, and upon conviction shall be
punished in accordance with Sec. 801.01 of the City Code
of the City of Cape Canaveral, Florida. [Ord. No. 4-76,
5 11, 18 May 1976]
§ 611.01
BUILDING CODE
CHAPTER 611
BUILDING CODE
§ 611.03
Sec. 611.01 Building Code Adopted. That for the pur-
pose of establishing rules and regulations for the erection,
construction, alteration, repair, moving and demolition of
buildings and structures in the City of Cape Canaveral,
that certain building code known as the Southern Standard
Building Code, 1969-Edition with current amendments and
all future editions and amendments as promulgated by the
Southern Building Code Congress of which not less than
three copies have been and now are filed in the office
of the City Clerk, is hereby adopted as fully as if the
same was herein set forth verbatim. From 18 April 1972,
the provisions thereof shall be controlling in the erection,
construction, alteration, repair, moving and demolition of
buildings and structures within the corporate limits of
the City except those amendments to sections or parts of
sections set forth below. [Ord. No. 3-72, § 2, 18 Apr 1972]
Sec. 611.02 Building Code Section Deleted. Section
102.1(b) Southern Standard Building Code 1969 Edition with
current amendments and all future editions and amendments
is deleted. [Ord. No. 3-72, § 2(a), 18 Apr 1972]
Sec. 611.03 Penalty. Any and all persons who shall
violate any of the provisions of this Chapter or shall
fail to comply therewith, or who shall violate or fail to
comply with any order or regulation made thereunder, or
who shall build in violation of any detailed statement or
specifications or plans submitted and approved thereunder
or any certificate or permit issued thereunder, shall
severally for each and every such violation and non-
compliance, respectively, be punished as provided in
§ 801.01 [Ord. No. 3-72, § 3, 18 Apr 1972]
§ 613.01
PLUMBING CODE
CHAPTER 613
PLUMBING CODE
§ 613.02
Sec. 613.01 Plumbing Code Adopted. That for the pur-
pose of establishing rules and regulations for the erection,
construction, alteration, repair, moving and demolition of
buildings and structures in the City of Cape Canaveral,
that certain code known as the Southern Standard Building
Code, Part III, Plumbing 1971 Edition with current amend-
ments and all future editions and amendments as promulgated
by the Southern Building Code Congress of which not less
than three copies have been and now are filed in the office
of the City Clerk, is hereby adopted as fully as if the
same was herein set forth verbatim. From 18 April 1972,
the provisions thereof shall be controlling in the erection,
construction, alteration, repair, moving and demolition of
buildings and structures within the corporate limits of
the City except those amendments to sections or parts of
sections set forth below. [Ord. No. 3-72, § 2, 18 Apr 1972]
Sec. 613.02 Plumbing Code Sections Deleted. That the
Southern Standard Plumbing Code, known as Part III of the
Southern Standard Building Code 1971 Edition with current
amendments and all future editions and amendments is amended
as follows:
(A) Section 107.1 is amended by the addition of the
following paragraph:
"The sewer connection permit and the inspection fee
hereunder shall be in the amount of $80.00."
(B) Section 107.2(c) shall read as follows:
"Reinspection: If the Plumbing Official finds that
the work will not pass inspection, the plumber shall be
required to make necessary corrections and the work shall
then be resubmitted for inspection. Where additional in-
spections are necessary, there shall be an additional $5.00
for each such inspection."
(C) Section 422.1 shall read as follows:
"422.1: When a public sewer is not available within
150 feet of the property line for use, sewage and drain-
age piping shall be connected to an individual sewage -
disposal system found to be adequate and approved by the
State Board of Health."
§ 613. 0 2 PLUMBING CODE § 613.02 g
(D) Table 505, entitled "Material for Plumbing In-
stallations" appearing in Chapter 5, page 7, of Part III
of the Southern Standard Building Code, 1971 Edition, with
current amendments and all future editions and amendments,
is hereby amended by the deletion of the following named
materials, "Asbestos Cement Sewer Pipe, Bituminized Sewer
Pipe and Fittings, Bituminized Laminated Fiber Pipe, Con-
crete Reinforced Sewer Pipe, Concrete Sewer Pipe" appearing
on lines 1, 2, 4, 14 and 15 of such table as they relate.
to building sewer pipe installations.
(E) Table 505, entitled "Material for Plumbing In-
stallations" as amended by the 1971 Edition appearing on
pages 5-7 through 5-15 inclusive of the said Edition of
the Southern Standard Building Code, Part III, 1971
Edition, is hereby amended by the deletion of the following
named plastic materials known as: Acetals, Acrylics,
Fluorocarbon and Nylon as they relate to building sewer
pipe installations.
(F) Appendix "A" of Part III of the Southern Standard
Building Code is amended by the deletion of those paragraphs
of such Appendix "A", relating to "Fiber Pipe" and "Cement
asbestos pipe" as they relate to building sewer pipe in-
stallations.
(G) Section 602.4 is hereby amended by the addition
of a new sentence to be added to such Section, to read
as follows:
"No soldered or sweat joints shall be used under any
slab or enclosed in concrete."
(H) Sections 602.11, 602.12 and 603.2 of Part III of
the Southern Standard Building Code as amended by the 1971
Edition are hereby repealed and deleted.
(I) Cleanouts - Cleanouts shall be not more than 75
feet apart in horizontal drainage lines of 4-inch nominal
diameter or less and not more than 100 feet apart for
larger pipes. Line cleanouts which may be rodded both
ways shall be used whenever possible. [Ord. No. 3-72,
§ 2(b), 18 Apr 1972]
(J) No extension of time of a permit shall be granted
by the Building Official until:
(1) Thirty days prior to expiration of the permit.
g5
§ 613.02
PLUMBING CODE § 613.03
(2) The applicant for said permit has complied with
all of the applicable zoning regulations, building re-
quirements and other City, County, State or Federal
regulations pertinent to said permit, effective on the
date said extension is requested, have been complied
with by the applicant.
(3) The applicant has paid or made arrangements to
pay all fees and charges then applicable to the permit
in effect on the date said extension is requested.
[Ord. No. 3-74, § 1, 5 Feb 1974]
Sec. 613.03 Penalty. Any and all persons who shall
violate any of the provisions of said code or shall fail
to comply therewith, or who shall violate or fail to comply
with any order or regulation made thereunder, or who shall
build in violation of any detailed statement or specifi-
cations or plans submitted and approved thereunder or
any certificate or permit issued thereunder, shall severally
for each and every such violation and noncompliance, respect-
fully upon conviction thereof be punished as provided in
5 801.01. [Ord. No. 3-72, 5 3, 18 Apr 1972]
§ 614.01
MECHANICAL CODE
CHAPTER 614
MECHANICAL CODE
§ 614.03
Sec. 614.01 Mechanical Code Adopted. The Standard
Mechanical Code 1979 Edition, with current amendments and
all future editions and amendments is to be incorporated
in the Code of the City of Cape Canaveral, Florida. Copies
of said Code are filed with the office of the City Clerk
of said City and are hereby adopted as fully as if the
same was herein set forth verbatim. The provisions of
this Ordinance shall be controlling in the regulation of
materials and workmanship on mechanical installations with-
in the corporate limits of the City except as amended as
set forth below.
(A) Mechanical Official. Section 102.1 shall read
as follows:
"Whenever the word Mechanical Official appears, it
shall mean Building Official of the City of Cape Canaveral,
Florida."
(B) Mechanical Code Sections 110, 111 and 112 Deleted.
Sections 110, 111 and 112 of the Standard Mechanical Code
with current amendments and with all future editions and
amendments are deleted. [Ord. No. 18-79, § 1, 6 Nov 1979]
Sec. 614.02 [Reserved]
Sec. 614.03 Penalty. Any and all persons who shall
violate any of the provisions of this Chapter or shall
fail to comply therewith, or who shall violate or fail to
comply with any order or regulation made thereunder, or
who shall be in violation of any detailed statement or
specifications or plans submitted and approved thereunder
or any certificate or permit issued thereunder, shall
severally for each and every such violation and noncom-
pliance, respectively, be punished as provided in § 801.01.
[Ord. No. 13-81, § 1, 18 Aug 1981]
. '7
§ 615.01
GAS CODE
CHAPTER 615
GAS CODE
§ 615.03
Sec. 615.01 Gas Code Adopted. That for the purpose
of establishing rules and regulations for the erection,
construction, alteration, repair, moving and demolition
of buildings and structures in the City of Cape Canaveral,
that certain building code known as the Southern Standard
Gas Code, 1969 Edition with current amendments and all
future editions and amendments as promulgated by the
Southern Building Code Congress of which not less than
three copies have been and now are filed in the office
of the City Clerk, is hereby adopted as fully as if the
same was herein set forth verbatim. From 18 April 1972,
the provisions thereof shall be controlling in the
erection, construction, alteration, repair moving and
demolition of buildings and structures within the cor-
porate limits of the City, except those amendments to
sections or parts of sections set forth below. [Ord.
No. 3-72, § 2, 18 Apr 1972]
Sec. 615.02 [Reserved]
Sec. 615.03 Penalty. Any and all persons who shall
violate any of the provisions of this Chapter or shall
fail to comply therewith, or who shall violate or fail
to comply with any order or regulation made thereunder
or who shall build in violation of any detailed state-
ment or specifications or plans submitted and approved
thereunder or any certificate or permit issued there-
under, shall severally for each and every such violation
and noncompliance, respectively, be punished as provided
in § 801.01. [Ord. No. 3-72, § 3, 18 Apr 1972]
§ 617.01
EF. TCCODE
CHAPTER 617
ELECTRIC CODE
§ 617.03
Sec. 617.01 Electric Code Adopted. That for the
purpose of establishing rules and regulations for the
erection, construction, alteration, repair, moving and
demolition of buildings and structures in the City of
Cape Canaveral, that certain building code known as the
National Electric Code, 1971 Edition with current amend-
ments and all future editions and amendments as promulgated
by the National Fire Protection Association, of which not
less than three copies have been and now are filed in the
office of the City Clerk, is hereby adopted as fully as if
the same was herein set forth verbatim. From 18 April 1972,
the provisions thereof shall be controlling in the erection,
construction, alteration, repair, moving and demoliton of
buildings and structures within the corporate limits of the
City, except those amendments to sections or parts of
sections set forth below. [Ord. No. 3-72, § 2, 18 Apr
1972]
Sec. 617.02 [Reserved]
Sec. 617.03 Penalty. Any persons who shall violate
any of the provisions of this Chapter or shall fail to
comply therewith, or who shall violate or fail to comply
with any order• or regulation made thereunder, or who shall
build in violation of any detailed statement or specifi-
cations or plans submitted and approved thereunder or any
certificate or permit issued thereunder, shall severally
for each and every such violation and noncompliance re-
spectively be punished as provided in § 801.01. [Ord.
No. 3-72, § 3, 18 Apr 1972]
§ 618.01
SOLAR ENERGY STANDARDS
CHAPTER 618
SOLAR ENERGY STANDARDS
§ 618.04
Sec. 618.01 Solar Energy Standards Adopted. The
standards promulgated by the Florida Solar Energy Center,
a copy of which is filed with the City Clerk and made a
part hereof by reference is hereby adopted as the rules
and regulations governing solar energy equipment within
the City of Cape Canaveral. [Ord. No. 10-81, § 1, 7 Jul
1981]
Sec. 618.02 [Reserved]
Sec. 618.03 Permit Fees will be based on the fee
table from the Standard Mechanical Code (Section 106)
in the same categories and amounts. [Ord. No. 10-81,
§ 2, 7 Jul 1981]
Sec. 618.04 Compliance with the Standard Building Code.
Solar Energy Equipment Wind Load Design specifications must
comply with Section 1205 of the Standard Building Code.
[Ord. No. 10-81, § 3, 7 Jul 1981]
,c0
§ 619.01
HOUSING CODE
CHAPTER 619
HOUSING CODE
§ 619.03
Sec. 619.01 Housing Code Adopted. That certain
publication known as the Southern Standard Housing Code,
as amended, is hereby adopted as the Standard Housing
Code for the City of Cape Canaveral, Florida, except as
noted below. A copy of such Southern Standard Housing
Code shall be on file in the office of the Building
Official of the City during all regular office hours of
the Building Official. [Ord. No. 4-67, §§ 1, 2, 20 Jun
1967; Ord. No. 4-67A, 19 Sep 1967]
Sec. 619.02 Housing Code Amended. Section 106.01 of
the Southern Standard Housing Code, as amended, as adopted
by the City of Cape Canaveral shall read as follows:
The Board of Adjustment for the purpose of the Standard
Housing Code of the City of Cape Canaveral, Florida,
shall be appointed by a majority vote of the City
Council. [Ord. No. 4-67, § 1, 20 Jun 1967; Ord. No.
4-67A, 19 Sep 1967]
Sec. 619.03 Enforcement. The City Building Official
is hereby authorized and directed to enforce the provisions
of the Southern Standard Housing Code as the Standard
Housing Code of the City. [Ord. No. 4-67, § 3, 20 Jun
1967]
of
§ 621.01
FIRE PREVENTION CODE
CHAPTER 621
FIRE PREVENTION CODE
§ 621.04
Sec. 621.01 Adoption of Fire Prevention Codes. There
are hereby adopted by the City of Cape Canaveral, Florida,
for the purpose of prescribing regulations governing con-
ditions hazardous to life and property from fire or ex-
plosion, those certain codes known as the Fire Prevention
Codes recommended by the American Insurance Association,
being particularly the 1976 edition thereof and the
whole thereof and the Life Safety Code. National Fire
Protection Association No. 101 as amended in the 1976
edition thereof and the whole thereof, save and except
such portions as are hereinafter deleted, modified or
amended and to include future revisions or amendments by
the American Insurance Association and the National Fire
Protection Association, are hereby adopted and incor-
porated as full as if set out at length herein and from
the date on which this Ordinance shall take effect the
provisions thereof shall be controlling within the limits
of the City of Cape Canaveral, Florida. [Ord. No. 20-77,
§ 1, 3 Jan 1978]
Sec. 621.02 Definitions.
(A) Wherever the word "Municipality" is used in the
Codes, it shall be held to mean the City of Cape Canaveral,
Florida.
(B) Wherever the term "Corporate Counsel" is used in
the Codes, it shall be held to mean the attorney for the
City of Cape Canaveral, Florida. [Ord. No. 20-77, § 1,
3 Jan 1978]
Sec. 621.03 Establishment of Limits of Districts.
The limits referred to in these codes regarding permitting,
establishing, restricting or storage of explosives, blast-
ing agents, flammable liquids, in new bulk plants and
liquified petroleum shall be set by the Council, and in
the event no limit has been established it shall be deemed
prohibited. [Ord. No. 20-77, § 1, 3 Jan 1978]
Sec. 621.04 Sprinkler Systems. Sprinkler systems
conforming to requirements of National Fire Code, Volume
13, hereinafter referred to as NFPA 13 or Life Safety Code,
shall be provided in the following buildings:
§ 6 21. 0 4 FIRE PREVENTION CODE § 621.05 30
(A) Buildings'exceeding three stories in height and
classified as light hazard occupancy having enclosed
corridors shall have an automatic sprinkler system which
shall be continuous in all such corridors and stairwells,
commencing at the most remote area of the uppermost level
and running to the ground floor exits. One sprinkler head
shall be connected from the corridor system to the opposite
side of any door opening on the corridor or stairwell.
(B) Buildings exceeding three stories in height with
occupancies classified as ordinary hazard shall be fully
protected throughout with an automatic sprinkler system.
(C) All buildings with occupancies classified as
extra hazard shall be fully protected with an automatic
sprinkler system regardless of height or type of con-
struction of the buildings.
(D) Nursing (convalescent) homes shall be equipped
with automatic sprinkler and alarm systems regardless of
height or type of construction of the building.
(E) In the case of mixed occupancies, the most
stringent requirements shall be met throughout the build-
ing unless the occupancies shall be separated by a fire-
proof wall of a time duration satisfactory to the Fire
Chief, that will prevent the spread of flame or smoke
from one occupancy to another.
(F) Classifications of occupancy shall be defined as
set forth in the Southern Standard Building Code. [Ord.
No. 12-73, § 1, 1 May 1973]
Sec. 621.05 Fire Alarm Systems.
(A) Each multi -family residential building of more
than three stories shall be provided with a supervised,
open -circuit, noncoded fire alarm system designed to
provide a local evacuation alarm signal audible to all
occupants and to simultaneously notify the central fire
station of a fire condition. Manual stations and alarm
devices shall be located as required by the latest edition
of NFPA 101 (Life Safety Code).
(B) Where sprinkler systems and/or automatic fire
detection devices are provided, these systems and devices
shall be connected to the fire alarm system so that
activation of the sprinkler system or any automatic
detection device shall automatically activate the fire
o e.
§ 621.05
FIRE PREVENTION CODE 5 621.07
alarm system. All such connections shall be electrically
supervised.
(C) Fire alarm systems shall comply with the latest
edition of NFPA 72A.
(D) Each building fire alarm system shall be properly
connected by telephone pair to the central fire reporting
equipment in the City's central fire station for annun-
ciation of an alarm condition at the building. The costs
of the central fire reporting equipment at the fire station
together with all costs for the connecting telephone pairs
required for the building shall be borne entirely by the
owner of the building. [Ord. No. 12-73, 5 2, 1 May 1973]
Sec. 621.06 Test and Inspection Requirements.
(A) All sprinkler and alarm systems shall be checked
and tested every twelve months. The Fire Chief or his
designated representative shall be notified in advance
and shall be present to observe all tests.
(B) Tests may be performed by qualified insurance
company representatives without Fire Department observers,
provided that written reports satisfactory to the Fire
Department are submitted after each test.
(C) Written reports of the result of all tests shall
be maintained by the Fire Department for a period of five
(5) years. [Ord. No. 12-73, 5 3, 1 May 1973]
Sec. 621.07 Application of Sections 621.04 through
621.06
(A) Existing buildings or occupancies may be given
a waiver of any or all provisions of 55 621.04 through
621.06 when, in the opinion of the Fire Chief, install-
ation of sprinkler and/or alarm systems would not provide
a safer evacuation of the structure. Such waivers shall
be in writing, shall state the specific reasons justifying
the waiver and shall have drawings attached if necessary
to illustrate the reason for the waiver. Waivers shall
be retained by the Fire Department and no change of
occupancy hazard level or modification to the structure
shall be permitted without review of the waiver.
(B) Existing buildings that have not been given a
waiver of the requirements of this Section shall be re-
quired to conform within the following period of time:
§ 621.07
FIRE PREVENTION CODE § 621.09
Light Hazard Occupancies: within four (4) years from
date of this Ordinance;
Ordinary Hazard Occupancies: within three (3) years
from date of this Ordinance;
Extra Hazard Occupancies: within two (2) years from
date of this Ordinance.
(C) §§ 621.04 through 621.06 shall apply to all
buildings covered by the requirements of those sections
for which building permits have been issued and for which
certificates of occupancy have not been issued. [Ord.
No. 12-73, § 4, 1 May 1973]
Sec. 621.08 Establishment and Duties of Bureau of
Fire Prevention.
(A) The Fire Prevention Code shall be enforced by
the Bureau of Fire Prevention in the Fire Department of
the City of Cape Canaveral, Florida, which is hereby
established and which shall be operated under the super-
vision of the Fire Marshall.
(B) The Fire Marshall in charge of the Bureau of Fire
Prevention shall be appointed by the Council of the City
of Cape Canaveral, Florida, who shall serve at the pleasure
of the Council.
(C) The Fire Marshall may detail such members of the
Fire Department as inspectors as shall from time to time
be necessary.
(D) A report of the Bureau of Fire Prevention shall
be made annually and transmitted to the City Manager.
It shall contain all proceedings under this code, with
such statistics as the Fire Marshal may wish to include
therein. The Fire Marshall shall also recommend any
amendments to the code which, in his judgment, shall be
desirable.
Sec. 621.09 Appeals. Whenever the Fire Marshall
shall disapprove an application or refuse to grant a
permit applied for, or when it is claimed that the pro-
visions of the code do not apply or that the true intent
and meaning of the code have been misconstrued or wrongly
interpreted, the applicant may appeal from the decision
of the Fire Marshall to the City Council within 30 days
from the date of the decision appealed. [Ord. No. 1-69,
§ 5,.15 Apr 1969]
?D
a
y
§ 621.10
FIRE PREVENTION CODE § 621.10
Sec. 621.10 Penalties.
(A) Any person who shall violate any of the provisions
of the code hereby adopted or fail to comply therewith, or
who shall violate or fail to comply with any order made
thereunder, or who shall build in violation of any detailed
statement of specifications or plans submitted and approved*
thereunder, or any certificate or permit issued thereunder,
shall severally for each and every such violation and non-
compliance respectively be guilty of violation of this
ordinance, punishable by a fine of not more than $200.00,
or by imprisonment for not more than 60 days or by both
such fine and imprisonment. The imposition of one penalty
for any violation shall not excuse the violation or permit
it to continue; and all such persons shall be required to
correct or remedy such violations or defects within a
reasonable time; and when not otherwise specified, each
ten days that prohibited conditions are maintained shall
constitute a separate offense.
(B) The application of the above penalty shall not be
held to prevent the enforced removal of prohibited con-
ditions. [Ord. No. 1-69, § 6, 15 Apr 1969]
)�
§ 622.01
LAND CLEARINGS BURNING
CHAPTER 622
LAND CLEARINGS BURNING
§ 622.03
Sec. 622.01 Definitions. As used in this Chapter, the
words "trash" and "natural cover" have the following
meaning:
(A) "Trash" shall mean all accumulations of grass, trees,
shrubbery or weed cuttings, pine needles, and other refuse
incident to the care of lawns, shrubbery, vines, trees and
gardens. The term "trash" shall not be taken to include
broken or used appliances, furniture, bedding, building
materials, lumber, logs or other materials of like nature
more than four (4) feet in length.
(B) "Natural cover" shall mean trees, brush, roots and
other by-products of land -clearing activity. [Ord. No.
10-80, § 1, 19 Aug 1980]
Sec. 622.02 Conditions for Open Burning of Trash and
Natural Cover. Open burning of trash and natural cover
which is the result of land clearing may be permitted by
the Fire Department when it is determined that:
(A) Weather conditions will allow the escape of smoke
and fire by-products without being a hazard or nuisance
to the surrounding citizens or their property.
(B) The location, amount and nature of these materials,
when burning, present no health or safety hazards to the
surrounding citizens or their property.
(C) The time of day that materials may be burned and
when they must be extinguished shall be from 9:00 a.m.
until one (1) hour before sunset. [Ord. No. 10-80, § 1,
19 Aug 1980]
Sec. 622.03 Permit Required.
(A) A burning permit must be secured from the City
Treasurer of the City of Cape Canaveral, Florida and shall
be subject to such conditions as are imposed by the Fire
Department pursuant to Section 622.02 hereof. The burning
permit must be signed by two (2) line officers of the Cape
Canaveral Volunteer Fire Department. The line officers
shall view the burn site before their signing the burning
permit. Once the line officers have signed the permit, it
shall be returned to the City Treasurer. The City Treasurer
§ 622.03
LAND CLEARINGS BURNING § 622.04
shall collect the'fee in advance and issue the burning
permit to the applicant. Prior to the issuance of the
burning permit, the City Treasurer will contact one of
the line officers whose signature appears on the permit
to confirm that the conditions are still favorable to
allow the burning.
(B) Any violation of the conditions of the burning
permit or of any provision of this law shall be cause
for revocation of said permit and may be considered as
a basis for denial of subsequent applications where such
violations have been determined by the Fire Chief to
have constituted a public hazard. Each permit shall be
good for one (1) day only. It is expressly understood
that the burning permit is revocable at any time.
(C) A fee will be assessed for each permit as provided
by Resolution. [Ord. No. 10-80, § 1, 19 Aug 1980]
Sec. 622.04 Penalty Clause.
(A) Any person, firm or corporation violating any
provision of this Chapter, shall be subject to a fine
not to exceed $500.00 or by imprisonment not to exceed
sixty (60) days or by both such fine and imprisonment.
In the case of continuing offenses, each violation shall
constitute a separate offense. [Ord. No. 10-80, § 1,
19 Aug 1980]
§ 624.01
'FLOOD DAMAGE PREVENTION
CHAPTER 624
FLOOD DAMAGE PREVENTION
§ 624.01
Sec. 624.01 Article 1, Statutory Authorization,
Findings of Fact, Purpose and Objectives.
(A) Statutory Authorization. The Legislature of the
State of Florida, has in Section 166.021, Florida Statutes,
delegated the responsibility to local government units to
adopt regulation designed to promote the public health,
safety, and general welfare of its citizenry. Therefore,
the City of Cape Canaveral, Florida, does ordain as follows:
(B) Findings of Fact.
(1) The flood hazard areas of Corporate Limits,.
City of Cape Canaveral, are subject to periodic in-
undation which results in loss of life, property,
health and safety hazards, disruption of commerce
and governmental services, extraordinary public ex-
penditures for flood protection and relief, and
impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2) These flood losses are caused by the cumulative
effect of obstructions in flood plains causing increases
in flood heights and velocities, and by the occupancy
in flood hazard areas by uses vulnerable to floods or
hazardous to other lands which are inadequately elevated,
flood -proofed, or otherwise protected from flood damages.
(C) Statement of Purpose. It is the purpose of this
ordinance to promote the public health, safety and general
welfare and to minimize public and private losses due to
flood conditions in specific areas by provisions designed
to:
(1) restrict or prohibit uses which are dangerous
to health, safety and property due to water or erosion
or in flood heights or velocities;
(2) require that uses vulnerable to floods, in-
cluding facilities which serve such uses, be protected
against flood damage at the time of initial construction;
(3) control the alteration of natural flood plains,
stream channels, and natural protective barriers which
are involved in the accommodation of flood waters;
§ 624.01
FLOOD DAMAGE PREVENTION § 624.02
(4) control filling, grading, dredging and other
development which may increase erosion or flood damage;
and,
(5) prevent or regulate the construction of flood
barrier which will unnaturally divert flood waters or
which may increase flood hazards to other lands.
(D) Objectives. The objectives of this ordinance are:
(1) to protect human life and health;
(2) to minimize expenditure of public money for
costly flood control projects;
(3) to minimize the need for rescue and relief
efforts associated with flooding and generally under-
taken at the expense of the general public;
(4) to minimize prolonged business interruptions;
(5) to minimize damage to public facilities and
utiliites such as water and gas mains, electric, tele-
phone and sewer lines, streets and bridges located in
flood plains;
(6) to help maintain a stable tax base by providing
for the sound use and development of flood prone areas
in such a manner as to minimize future flood blight
areas; and,
(7) to insure that potential home buyers are notified
that property is in a flood area. [Ord. No. 5-78, § 1,
2 May 1978]
Sec. 624.02 Definitions. Unless specifically defined
below, words or phrases used in this ordinance shall be
interpreted so as to give them the meaning they have in
common usage and to give this ordinance its most reason-
able application.
(A) Appeal means a request for a review of the Building
Official's interpretation of any provision of this or-
dinance or a request for a variance.
(B) Area of special flood hazard is the land in the
flood plain within a community subject to a one percent
or greater chance of flooding in any given year.
§ 624.02
FLOOD DAMAGE PREVENTION § 624.02
(C) Base flood means the flood having a one percent
chance of being equaled or exceeded in any given year.
(D) Breakaway walls means any type of walls, whether
solid or lattice, and whether constructed of concrete,
masonry, wood, metal, plastic, or any other suitable build-
ing material, which are not part of the structural support
of the building and which are so designed as to breakaway,
under abnormally high tides or wave action, without damage
to the structural integrity of the building on which they
are used or any buildings to which they might be carried
by flood waters.
(E) Coastal High Hazard Area means the area subject
to high velocity waters, including, but not limited to,
hurricane wave wash or tsunamis. The area is designed on
a FIRM as Zone VI-30.
(F) Development means any man-made change to improved
or unimproved real estate, including, but not limited to
buidings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations.
(G) Existing mobile home park or mobile home subdivision
means a parcel (or contiguous parcels) of land divided into
two or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site grading
or the pouring of concrete pads, and the construction of
streets) is completed before the effective date of this
ordinance.
(H) Expansion to an existing mobile home park or mobile
home subdivision means the preparation of additional sites
by the construction of facilities for servicing the lots
on which the mobile homes are to be affixed (including the
installation of utilities, either final site grading or
pouring of concrete pads, or the construction of streets).
(I) Flood or flooding means a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
(1) the overflow of inland or tidal waves;
(2) the unusual and rapid accumulation of runoff
of surface water from any surface.
(J) Flood Hazard Boundary Map (FHBM means an official
map of a community, issued by the Federal Insurance Adminis-
tration, where the boundaries of the areas of special flood
hazard have been designated as Zone A.
§ 624.02
FLOOD DAMAGE PREVENTION § 624.02
(K) Flood Insurance Rate Map (FIRM) means an official
map of a community, on which the Federal Insurance Admin-
istration has delineated both the areas of special flood
hazard and the risk premium zones applicable to the com-
munity.
(L) Flood Insurance Study is the official report
provided by the Federal Insurance Administration. The
report contains flood profiles, as well as the Flood
Hazard Boundary-Floodway.Map and the water surface ele-
vation of the base flood.
(M) Habitable floor means any floor usable for living
purposes, which includes working, sleeping, eating, cooking
or recreation, or a combination thereof. A floor used only
for storage purposes is not a "habitable floor."
(N) Mangrove stand means an assemblage of mangrove trees
which is mostly low trees noted for a copious development
of interlacing adventitious roots above the ground and
which contain one or more of the following species: black
mangrove (avicennia Nitida), red mangrove (Rhizophora Mangle)
white mangrove (Languncularia Racemosa); and buttonwood
(Conocarpus Erecta).
(0) Mean Sea Level means the average height of the sea
for all stages of the tide.
(P) Mobile Home means a structure, transportable in
one or more sections, which is built on a permanent chassis
and designed to be used with or without a permanent foun-
dation when connected to the required utilities. It does
not include recreational vehicle or travel trailers.
(Q) New construction means structures for which the
"start of construction" commenced on or after the effective
date of this ordinance.
(R) New mobile home park or mobile subdivision means
a parcel (or contiguous parcels) of land divided into two
or more mobile home lots for rent or sale for which the
construction of facilities for servicing the lot on which
the mobile home is to be affixed (including, at a minimum,
the installation of utilities, either final site -grading
or the pouring of concrete pads, and the construction of
streets) is completed on or after the effective date of
this ordinance.
(S) Sand dunes means naturally occuring accumulations
of sand in ridges or mounds landward of the beach.
§ 624.02
FLOOD LOGE PREVENTION § 624.02
(T) Start of Construction means the first placement
of permanent construction of a structure (other than a
mobile home) on a site, such as the pouring of slabs or
footings or any work beyond the stage of excavation, in-
cluding the relocation of a structure. Permanent con-
struction does not include the installation of streets
and/or walkways; nor does it include excavation for a
basement, footings, piers or foundation or the erection
of temporary forms; nor does it include the installation
on the property of accessory buildings, such as garages
or sheds not occupied as dwelling units or not as part of
the main structure. For a structure (other than a mobile
home) without a basement or poured footings, the "start
of construction" includes the first permanent framing or
assembly of the structure or any part thereof on its piling
or foundation. For mobile homes not within a mobile home
park or mobile home subidvision, "start of construction"
means the affixing of the mobile home to its permanent
site. For mobile homes within mobile parks or mobile
home subdivisions, "start of construction" is the date
on which the construction of facilities for servicing the
site on which the mobile home is to affixed (including,
at a minimum, the construction of streets, either final
site grading or the pouring of concrete pads and instal-
lation of utilities) is completed.
(U) Structure means a walled and roofed building that
is principally above ground, as well as a mobile home.
(V) Substantial improvement means, for a structure
built prior to the enactment of this ordinance, any repair,
reconstruction, or improvement of a structure, the cost
of which equals or exceeds fifty percent of the market
value of the structure either (1) before the improvement
or repair is started, or (2) if the structure has been
damaged and is being restored, before the damage occured.
For the purposes of this definition "substantial improve-
ment" is considered to occur when the first alteration of
any wall, ceiling, floor, or other structural part of the
building commences, whether or not that alteration affects
the external dimensions of the structure. The term does
not, however, include either (1) any project for improve-
ment of a structure to comply with existing state or local
health, sanitary, or safety code specifications which are
solely necessary to assure safe living conditions, (2) any
alteration of a structure listed on the National Register
of Historic Places or a State Inventory of Historic Places.
(W) Variance is a grant of relief to a person from the
requirements of this ordinance which permits construction
§ 6 2 4. 0 2 FLOOD DAMAGE PREVENTION § 624.03 3/
in a manner otherwise prohibited by this ordinance where
specific enforcement would result in unnecessary hardship.
[Ord. No. 5-78, § 1, 2 May 1978].
Sec. 624.03 General Provisions: Lands to Which This
Ordinance Applies.
(A) This ordinance shall apply to all areas of special
flood hazard within the jurisdiction of City of Cape
Canaveral, Florida.
(B) Basis for Establishing the Area of Special Flood
Hazard. Maps numbers 1-01 and 1-02, dated May 20, 1977,
and any revisions thereto are adopted by reference and
declared to be a part of this ordinance; or the areas of
special flood hazard identified by the Federal Insurance
Administration through a scientific and engineeringreport
entitled "The Flood Insurance Study for the City of Cape
Canaveral," dated March 24, 1971, with accompanying Flood
Insurance Rate Maps and any revision thereto are hereby
adopted by reference and declared to be a part of this
ordinance.
(C) Establishment of Development Permit. A develop-
ment Permit shall be required in conformance with the
provision of this ordinance.
(D) Compliance. No structure or land shall hereafter
be located, extended, converted, or structurally altered
without full compliance with the terms of this ordinance
and other application regulations.
(E) Abrogation and Greater Restrictions. This or-
dinance is not intended to repeal, abrogate, or impair
any existing easements, covenants, or deed restrictions.
However, where this ordinance and another conflict or
overlap, whichever imposes the more stringent restrictions
shall prevail.
(F) Interpretation. In the interpretation and appli-
cation of this ordinance all provisions shall be: (1)
considered as minimum requirements; (2) liberally construed
in favor of the governing body; and (3) deemed neither to
limit nor repeal any other powers granted under state
statutes.
(G) Warning and Disclaimer of Liability. The degree
of flood protection required by this ordinance is con-
sidered reasonable for regulatory purposes and is based
§ 624.03
FLOOD DAMAGE PREVENTION § 624.04
on scientific and engineering considerations. Larger
floods can and will occur on rare occasions. Flood
heights may be increased by man-made or natural causes.
This ordinance does not imply that land outside the areas
of special flood hazard or uses permitted within such
areas will be free from flooding or flood damages. This
ordinance shall not create liability on the part of the
City of Cape Canaveral or by any officer or employee
thereof for any flood damages that result from reliance
on this ordinance or any administrative decision lawfully
made thereunder.
(H) Penalties for Violation. Violation of the pro-
visions of this ordinance or failure to comply with any
of its requirements, including violation of conditions
and safeguards established in connection with grants of
variance or special exceptions, shall constitue a mis-
demeanor. Any person who violates this ordinance or fails
to comply with any of its requirements shall, upon con-
viction thereof, be fined per city code section 801.01
and in addition shall pay all costs and expenses involved
in the case. Each day such violation continues shall be
considered a separate offense. Nothing herein contained
shall prevent the City of Cape Canaveral from taking such
other lawful action as is necessary to prevent or remedy
any violation. [Ord. No. 5-78, § 3, 2 May 1978]
Sec. 624.04 Administration.
(A) Designation of Administrator. The Building
Official is hereby appointed to administer and implement
the provisions of this ordinance.
(B) Duties and Responsiblities of the Building Official.
Duties shall include, but not be limited to:
(1) Review all development permits to assure that
the permit requirements of this ordinance have been
satisfied.
(2) Advise permittee that additional federal or
state permits may be required, and if specific federal
or state permits are known, require that copies of such
permits be provided and maintained on file with the
development permit.
(3) Notify adjacent communities and the Florida
Department of Environmental Regulations prior to any
§ 624.04
FLOOD DAMAGE PREVENTION § 624.04
alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Insurance
Administration.
(4) Assure that maintenance is provided within the
altered or relocated portion of said watercourse so that
the flood carrying capacity is not diminished.
(5) Verify and record the actual elevation (in
relation to mean sea level) of the lowest floor (in-
cluding basement) of all new or substantially improved
structures.
(6) Verify and record the actual elevation (in
relation to mean sea level) to which the new or sub-
stantially improved structures have been flood -proofed.
(7) In Coastal High Hazard Areas certification
shall be obtained from a registered professional en-
gineer or architect that the structure is securely
anchored to adequately anchored pilings or columns
in order to withstand velocity waters and hurricane
wave wash.
(8) In Coastal High Hazard Areas, the Building
Official shall review plans for the adequancy of break-
away walls in accordance with 624.05 B (5) (h).
(9) When flood -proofing is utilized for a particular
structure, the Building Official shall obtain certifi-
cation from a registered professional engineer or
architect.
(10) Where interpretation is needed as to the exact
location of the boundaries of the areas of special flood
hazard (for example, where there appears to be conflict
between a mapped boundary and actual field conditions)
the Building Official shall make the necessary inter-
pretation. The person contesting the location of the
boundary shall be given a reasonable opportunity to
appeal the interpretation as provided in this article.
(11) When base flood elevation data has not been
provided in accordance with 624.03 B, then the Building
Official shall obtain, review, and reasonably utilize
any base flood elevation data available from a federal,
state or other source, in order to administer the pro-
visions of 624.05.
(12) All records pertaining to the provisions of
this ordinance shall be maintained in the office of the
Building Official and shall be open for public inspection.
3�
§ 624.04
FLOOD DAMAGE PREVENTION § 624.04
(C) Permit Procedures. Application for a Development
Permit shall be made to the Building Official on forms
furnished by him and may include, but not be limited to,
the following plans in duplicate drawn to scale showing
the nature, location, dimensions, and elevations of the
area in question; existing or proposed structures, fill
storage of materials; drainage facilities, and the
location of the foregoing. Specifically, the following
information is required:
(1) Elevation in relation to mean sea level of
lowest floor (including basement) of all structures.
(2) Elevation in relation to mean sea level to
which any non-residential structure has been flood -
proofed.
(3) Provide a certificate from a registered pro-
fessional engineer or architect that the non-residential
flood -proofed structure meets the flood -proofing criteria
in 624.05, B (2) .
(4) Description of the extent to which any water-
course will be altered or relocated as a result of
proposed development.
(5) Certificate from the Flood Insurance Adminis-
trator establishing:
(i) Base Flood Elevation
(ii) Wave Height Hazard
(iii) Insurance Risk Rate
All of the above may be a part of, or attached to, the site
development plan per Zoning Ordinance 10-75.
(D) Variance Procedure.
(1) The Zoning Board of Adjustment as established
by City Council shall hear and decide appeals and re-
quests for variances from the requirements of this
ordinance.
(2) The Zoning Board of Adjustment shall hear and
decide appeals when it is alleged there is an error in
any requirement, decision, or determination made by the
Building Official in the enforcement or administration
of this ordinance.
§ 624.04
FLOOD DAMAGE PREVENTION § 624.04
(3) Any person aggrieved by the decision of the
Zoning Board of Adjustment, or any taxpayer may appeal
such decision to the Circuit Court as provided in Or-
dinance 10-75.
(4) Variances may be issued for the reconstruction,
rehabilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places without regard to the
procedures set forth in the remainder of this section.
(5) In passing upon such applications, the Zoning
Board of Adjustment shall consider all technical
evaluations, all relevant factors, standards specified
in other sections of this ordinance, and:
(a) the danger that materials may be swept onto
other lands to the injury of others;
(b) the danger to life and property due to
flooding or erosion damage;
(c) the susceptibility of the proposed facility
and its contents to flood damage and the effect of
such damage on the individual owner;
(d) the importance of the services provided by
the proposed facility to the community;
(e) the necessity to the facility of a water-
front location, where applicable;
(f) the availability of alternative locations,
not subject to flooding or erosion damage, for the
proposed use;
(g) the compatability of the proposed use with
existing and anticipated development;
(h) the relationship of the proposed use to the
comprehensive plan and flood plain management pro-
gram for that area;
(i) the safety of access to the property in
times of flood for ordinary and emergency vehicles;
(j) the expected heights, velocity, duration,
rate of rise and sediment transport of the flood
waters and the effects of wave action, if applicable,
expected at the site; and
§ 624.04
FLOOD DAMAGE PREVENTION § 624.04
(k) the costs of providing governmental services
during and after flood conditions including mainte-
nance and repair of public utilities and facilities
such as sewer, gas, electrical, and water systems,
and streets and bridges.
(1) Generally, variances may be issued for new
construction and substantial improvements to be
erected on a lot of one-half acre or less in size
contiguous to and surrounded by lots with existing
structures constructed below the base flood level,
providing items(a - k) have been fully considered.
As the lot size increases beyond the one-half acre,
the technical justification required for issuing
the variance increases.
(6) Upon consideration of the factors listed above
and the purposes of this ordinance, the Zoning Board
of Adjustment may attach such conditions to the grant-
ing of variances as it deems necessary to further the
purposes of this ordinance.
(7) Variances shall not be issued within any des-
ignated floodway if any increase in flood levels during
the base flood discharge would result.
(8) Conditions for Variances:
(a) Variances shall only be issued upon a
determination that the variance is the minimum
necessary, considering the flood hazard, to. afford
relief.
(b) Variances shall only be issued upon (i)
a showing of good and sufficient cause; (ii) a
determination that failure to grant the variance
would result in exceptional hardship to the appli-
cant; and, (iii) a determination that the granting
of a variance will not result in increased flood
heights, additional threats to public safety, ex-
traordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict
with existing local laws or ordinances.
(c) Any applicant to whom a variance is granted
shall be given written notice specifying the dif-
ference between the base flood elevation and the
elevation to which the structure is to be built
and stating that the cost of flood insurance will
be commensurate with the increased risk resulting
from the reduced lowest floor elevation.
§ 624.04 ,FLOOD DAMAGE PREVENTION § 624.05 , a
(d) The City Clerk shall maintain the records
of all appeal actions and report any variances
to the Federal Insurance Administration upon re-
quest. [Ord. No. 5-78, § 4, 2 May 1978; Ord. No.
1-81, § 1, 7 Apr 1981].
Sec. 624.05 Provisions for Flood Hazard Reduction.
(A) General Standards. In all areas of special flood
hazard the following provisions are required:
(1) All new construction and substantial improve-
ments shall be anchored to prevent flotation, collapse
or lateral movement of the structure.
(2) All new construction and substantial improve-
ments shall be constructed with materials and utility
equipment resistant to flood damage.
(3) All new construction or substantial improve-
ments shall be constructed by methods and practices
that minimize flood damage.
(4) All new and replacement water supply systems
shall be designed to minimize or eliminate infiltration
of flood waters into the system.
(5) New and replacement sanitary sewage systems
shall be designed to minimize or eliminate infiltration
of flood waters into the system and discharges from
the systems into flood waters.
(6) On -site waster disposal systems shall be
located to avoid impairment to them or contamination
from them during flooding.
(7) Any alteration, repair, reconstruction, or
improvements to a structure on which the start of
construction was begun after the effective date of
this ordinance, shall meet the requirements of "new
construction" as contained in this ordinance.
(B) Specific Standards. In all areas of special flood
hazard where base flood elevation data has been provided
as set forth in 624.03 B, or 624.04 B(11), the following
provisions are required:
(1) Residential Construction - New construction
or substantial improvement of any residential structure
§ 624.05 FLOOD DAMAGE PREVENTION § 624.05
shall have the lowest floor, including basement, ele-
vated to or above base flood elevation.
(2) Non-residential Construction - New construction
or substantial improvement of any commercial, industrial
or other non-residential structure shall either have
the lowest floor, including basement, elevated to the
level of the base flood elevation or, together with
attendant utility and sanitary facilities, be flood -
proofed so that below the base flood level the structure
is water tight with walls substantially impermeable to
the passage of water and with structural components
having the capability of resisting hydrostatic and hydro-
dynamic loads and effects of bouyancy. A registered
professional engineer or architect shall certify that
the standards of this subsection are satisfied. Such
certification shall be provided to the official as set
forth in 624.04 C (3).
(3) Mobile Homes.
(a) No mobile home shall be placed in a Coastal
High Hazard Area, except in an existing mobile home
park or existing mobile home subdivision.
(b) All mobile homes shall be anchored to resist
flotation, collapse or lateral movement by providing
over -the -top and frame ties to ground anchors. Spe-
ific requirements shall be that:
(i) over -the -top ties be provided at each end
of the mobile home, with one additional tie per
side at an intermediate location on mobile homes
of less than fifty feet and one additional tie
per side for mobile homes of fifty feet or more;
(ii) frame ties be provided at each corner
of the home with four additional ties per side
at intermediate points for mobile homes less
than fifty feet long and one additional tie for
mobile homes of fifty feet or longer;
(iii) all components of the anchoring system
be capable of carrying a force of 4,800 pounds;
and,
(iv) any additions to the mobile home be
similarly anchored.
§ 624.05
FLOOD DAMAGE PREVENTION j § 624.05
(c) For:new mobile home parks and subdivisions;
for expansions to existing mobile home parks and
subdivisions where the repair, reconstruction or
improvement of the streets, utilities and pads
equals or exceed fifty percent of value of the
streets, utilities and pads before the repair,
reconstruction or improvement has commenced; and,
for mobile homes not placed in a mobile home park
or subdivision require:
(i) stands or lots are elevated on compacted
fill or on pilings so that the lowest floor of
the mobile home will be at or above the base
flood level;
(ii) adequate surface drainage and access for
a hauler are provided; and,
(iii) in the instance of elevation on pilings;
(1) lots are large enough to permit steps; (2)
piling foundations are placed in stable soil no
more than ten feet apart; and (3) reinforcement
is provided for pilings more than six feet above
the ground level.
(4) Coastal High Hazard Areas (V Zones) - Located
within the areas of special flood hazard established
in 624.03 B, are areas designated as Coastal High
Hazard Areas. These areas have special flood hazards
associated with high velocity waters from tidal surge
and hurricane wave wash, therefore, the following pro-
visions shall apply:
(a) All buildings or structures shall be located
landward of the reach of the mean high tide dunes
line and coastal construction set back line.
(b) All buildings or structures shall be elevated
so that the lowest supporting member is located no
lower than the base flood elevation level, with all
space below the lowest supporting member open so as
not to impede the flow of water, except for breakaway
walls as provided for in 624.05 B (5) (h).
(c) All buildings or structures shall be securely
anchored on pilings or columns.
(d) Pilings or columns used as structural support
shall be designed and anchored so as to withstand
all applied loads of the base flood flow.
624.05
FLOOD DAMAGE PREVENTION § 624.05
(e) Compliance with provisions contained in
624.05 B (5) (b) , (c) and (d) shall be certified to
by a registered professional engineer or architect.
(f) There shall be no fill used as structural
support.
(g) There shall be no alteration of sand dunes
or mangrove stands which would increase potential
flood damage.
(h) Breakaway walls shall be allowed below the
base flood elevation provided they are not part of
the structural support of the building and are de-
signed so as to breakaway, under abnormally high
tides or wave action, without damage to the structural
integrity of the building on which they are to be used
and provided the following design specifications are
met:
(1) Per certified engineering design.
NOTE: Specifications for breakaway walls should be
determined in consultation with local engineers and
architects based on local conditions. Standard
practice is to use a loading of twenty to thirty
pounds per square foot (P.S.F.) as wind load on a
vertical panel facing directly into the wind. This
load would correspond to a wind speed of about 100
miles per hour and should be the minimum load which
would cause the panels to break away. The maximum
loading which would not cause failure to the super-
structure is more difficult to determine but is
probably about 50 to 75 pounds, p.s.f. Designation
of this limit should be based on such factors as
material, cross-section, and spacing of pilings or
columns upon which the structure sits, the elevation
above the ground, and other assumed loadings on the
structure.
(i) If breakaway walls are utilized, such enclosed
space shall not be used for human habitation.
(j) Prior to construction, plans for any structure
that will have breakaway walls must be submitted to
the Building Official for approval.
(k) Prohibit the placement of mobile homes, except
in an exisiting mobile home park or existing mobile
home subdivision.
§ 624.05 FLOOD DAMAGE PREVENTION § 624.05
(1) Any alteration, repair, reconstruction or
improvement to a structure started after the enact-
ment of this ordinance shall not enclose the space
below the lowest floor unless breakaway walls are
used as provided for in 624.05 B (5), (h) and (i).
(D) Standards for Subdivision Proposals.
(1) All subdivision proposals shall be consistent
with the need to minimize flood damage.
(2) All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical
and water systems located and constructed to minimize
flood damage.
(3) All subdivision proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
(4) Base flood elevation data shall be provided for
subdivision proposals and other proposed development
which is greater than the lesser of fifty lots or five
acres. [Ord. No. 5-78, § 5, 2 May 1978]
§ 625.01
STANDARD EXCAVATION § 625.01
AND GRADING CODE
CHAPTER 625
STANDARD EXCAVATION
AND GRADING CODE
Sec. 625.01 Excavation and Grading Code Adopted.
For the purpose of establishing rules and regulations to
control excavation, grading and earthwork construction,
including fills and embankments and establishing the
administrative procedure for issuance of permits and
providing for approval of plans and inspection of grading
construction in the City of Cape Canaveral, Florida, that
certain standards excavation and grading code known as
the Southern Standard Excavation and Grading Code, 1975
Edition, and all future editions and amendments as pro-
mulgated by the Southern Building Code Congress of which
not less than three copies have been or are now filed in
the office of the City Clerk and hereby adopted as fully
as if the same was herein set forth verbatim, except as
follows:
(A) Section 102 Permits Required. No person shall
do any grading without first having obtained a grading
permit from the Building Official except for the follow-
ing:
(1) An excavation below finished grade for base-
ments and footings of a building, retaining wall or
other structure authorized by a valid building permit.
This shall not exempt any fill made with the material
from such excavation or exempt any excavation having
an unsupported height greater than 5 feet after the
completion of such structure.
(2) An excavation which (a) is less than 2 feet
in depth, or (b) which does not create a cut slope
greater than 5 feet in height and steeper than one
and one-half horizontal to one vertical.
(3) Filling of grassed areas for enhancement of
lawn growth.
From the effective date of this ordinance, the provisions
thereof shall be controlling in the excavation, grading
and earthwork construction, including fills and embankments
within the corporate limits of the City of Cape Canaveral,
Florida. [Ord. No. 3-76, § 1, 9 Mar 1976]
§ 625.02
STANDARD EXCAVATION § 625.02
AND GRADING CODE
Sec. 625.02 Penalties. Any and all persons who shall
violate any provisions of this chapter or shall fail to
comply with any order or regulation made thereunder or
who shall excavate or grade in violation of any detailed
statement or specificiations or plans submitted and approved
thereunder, or any certificate or permit issued shall
severally for each and every such violation and non compli-
ance respectively, be punished as provided in Section 801.
[Ord. No. 3-76, § 1, 9 Mar 1976]
§ 627.01
STANDARD SWIMMING POOL CODE
CHAPTER 627
STANDARD SWIMMING POOL CODE
§ 627.03
Sec. 627.01 Standard Swimming Pool Code Adopted.
For the purpose of establishing rules and regulations
to control the construction of swimming pools in the City
of Cape Canaveral, Florida, that certain standard code
known as the Southern Standard Swimming Pool Code, 1974
Edition, and all future editions and amendments as pro-
mulgated by the Southern Building Code Congress, of which
not less than three copies have been or are now on file
in the office of the City Clerk, are hereby adopted as
fully as if the same was herein set forth verbatim. From
the effective date of this ordinance, the provisions there-
of shall be controlling in the construction of all swimming
pools within the corporate limits of the City of Cape
Canaveral, Florida. [Ord. No. 13-76, § 1, 8 Jun 1976]
Sec. 627.02 Penalties. Any and all persons who shall
violate any provisions of this chapter, or shall fail to
comply therewith, or who shall violate or fail to comply
with any order or regulation made thereunder, or who shall
construct a swimming pool in violation of any detailed
statement or specification or plan submitted and approved
thereunder, or any certificate or permit issued, shall
severally for each and every such violation and non-
compliance respectively, be punished as provided in
Section 801.01. [Ord. No. 13-76, § 1, 8 Jun 1976]
Sec. 627.03 Permit Fees. Permit fees for swimming
pool construction shall be as set forth in the Swimming
Pool Code as herein adopted. [Ord. No. 13-76, § 2, 8 Jun
1976]
651.01
BEACH AND DUNES
CHAPTER 651
BEACH AND DUNES
§ 651.05
Sec. 651.01 Short Title. This Chapter shall be known
as the "City of Cape Canaveral Beach and Dune Protection
Code." [Ord. No. 14-72, § 1, 19 Sep 1972]
Sec. 651.02 Authority. This Chapter is adopted pur-
suant to Sections 167.005, 167.05, Florida Statutes and
Article I, Section 3, Article II, Section 1, paragraphs
9, 26, 28, 40, 41 and 61, City of Cape Canaveral, Florida
Charter. [Ord. No. 14-72, § 2, 19 Sep 1972]
Sec. 651.03 Purpose. The purpose of this Ordinance
is to repair and protect the natural barriers which shield
inland areas from the ravages of storms. Its puprose is
also to protect the beaches and shores of the City from
erosion. The most permanent and effective means of ef-
fecting these purposes is to preserve the natural vegetative
cover which binds the sand forming the natural barriers or
dunes. In that the most critical vegetation, the dune grass
is most vulnerable to trampling, traffic across it must be
carefully controlled. [Ord. No. 14-72, § 3, 19 Sep 1972]
Sec. 651.04 Related Regulation and Technical Reference:
The following Florida Statutes are related to, but not con-
trolling on this Chapter: Section 161.052, Coastal Con-
struction and Excavation Regulation; Section 370.041,
Harvesting of Sea Oats and Sea Grapes Prohibited. Also,
related is City of Cape Canaveral Resolution 72-29, Building
Plans on Lots Fronting the Atlantic Coastline to be Approved
by Florida Department of Natural Resources. The following
technical publications are appropriate reference: "Dune
Formation and Stabilization by Vegetation and Plantings,"
Army Corps of Engineers, Coastal Engineering Research Center,
Technical Memorandum No. 101; "Dune Stabilization with
Vegetation on the Outer Banks of North Carolina." Army
Corps of Engineers, Coastal Engineering Research Center,
Technical Memorandum No.-22, "Creation and Stabilization
of Coastal Barrier Dunes," Army Corps of Engineers,
Coastal Engineering Research Center, Reprint 3-69; "Design
with Nature," Ian L. Mcharg, The Natural History Press,
Garden City, New York, 1969. [Ord. No. 14-72, § 4, 19
Sep 1972]
Sec. 651.05 Definitions.
Dune Area as used in this code is defined to mean
"any land within fifty (50) feet of the bluff line at
any reparian coastal location fronting the Atlantic Coast
shoreline.
§ 651.05
BEACIf AND DUNES § 651.10
Bluff Line as used in this code is defined to mean "the
line determined by those points located on the easternmost
edge of the elevated, vegetated bank which is commonly
found adjacent to the Atlantic Coast mean high water line;
irrespective of whether said bank may not be elevated and
vegetated at some points. [Ord. No. 14-72, § 5, 19 Sep
1972]
Sec. 651.06 Natural Barriers Protected. It is unlaw-
ful for any purpose to remove any soil from, or lower the
elevation at any point within the dune area. [Ord. No.
14-72, § 6, 15 Sep 1972]
Sec. 651.07 Beach Soil Removal Prohibited. It shall
be unlawful for any person to remove any sand, shell,
gravel and other earthen material in excess of one cubic
foot from the ocean beach within the limits of the City
of Cape Canaveral between the ocean bluff and the low
water mark of the spring tides. [Ord. No. 13-62, § 1,
21 Dec 1962]
Sec. 651.08 Vegetation Protected. It is unlawful for
any purpose to cut, remove or eradicate any of the veg-
etation Uniola Paniculata, commonly known as sea oats,
or Coccolobis Uvifera, commonly known as sea grapes, or
Ammophila Breviligulata, commonly known as American beach-
grass, or any natural species having an extensive Rhizome
system and stiff stems and leaves, from the dune area.
[Ord. No. 14-72, § 7, 19 Sep 1972]
Sec. 651.09 Present Destruction to be Remedied. At
any location in the dune area where the acts enumerated
in Sections651.06 and 651.08 have occured, whether by
man or by nature, the damage shall be repaired by suitable
means. [See Section 4 references.) It shall be unlawful
to hinder or interfere with any repair operations or
structures. [Ord. No. 14-72, § 8, 19 Sep 1972]
Sec. 651.10 Penalty. Any person, firm or corporation
violating any of the provisions of this chapter shall be
fined not more than one hundred dollars ($100.00) or shall
be imprisoned for not more than ten (10) days, or both for
each violation. [Ord. No. 14-72, § 9, 19 Sep 1972]
� � r
1.
§ 653.01
SIGN CODE
CHAPTER 653
SIGN CODE
§ 653.02
Sec. 653.01 Establishment of Sign Code. This Chapter
shall hereafter be known and cited as the "Sign Code."
[Sign Ord., § 1, 30 Mar 1965]
Sec. 653.02 Application. The following signs are ex-
cluded from the operation of this Chapter unless herein-
after noted.
(A) Signs painted on the exterior surface of buildings.
(B) Decals affixed to or signs painted on store fronts,
store equipment, canopies, fuel pumps, or other type of
vending equipment used for dispensing retail products..
(C) Signs wholly within a building.
(D) Memorial signs, tablets, or placques, or names
of buildings and date of erection when the same are cut
into any masonry surface or when constructed of bronze
or other incombustible material.
(E) Professional name plates not exceeding three (3)
square feet in area.
(F) Bulletin boards not over eight (8) square feet in
area for public charitable or religious institutions when
the same are located on the premises of such institutions,
and one (1) identification sign not exceeding ten (10)
square feet.
(G) Signs noting the architect, engineer or contractors
when placed upon work under construction, provided such
signs shall be removed within thirty (30) days of Certifi-
cate of Occupancy.
(H) Occupational signs denoting only the name and
profession of an occupant in a commercial building, public
institutional building or dwelling house, placed flat
against the exterior surface of the building and not ex-
ceeding three (3) square feet in area, except in Residential
Single Family and Duplex where the size shall be one (1)
square foot.
(I) Directional signs to historical or geographical
points of interest which are maintained or operated as
commercial attractions or enterprises.
§ 653.02
SIGN CODE § 653.03
(J) Traffic or other municipal signs, legal notices,
danger signs, and temporary emergency or nonadvertising
signs.
(K) Signs securely affixed to and parallel with ex-
terior surface of a building which do not extend more than
eight (8) inches from the building.
(L) Signs consisting of an arrangement of a group of
single cut-out letters when securely fastened to a building
or structural part of building. [Sign Ord., § 2, 30 Mar
1965; Ord. No. 18-72, § 1, 3 Oct 1972]
Sec. 653.03 Restrictions on Signs in All Use Zones.
(A) Single Family District Regulations. No sign of
any type shall be allowed in any R-1A Single Family Dwel-
ling District or R-1, One Single Family District of the
City of Cape Canaveral, except the following:
(1) Signs of the types set forth in § 653.02 sub-
paragraphs 3 through 10 inclusive, and one (1) sign
limited in size to five (5) square feet advertising
property for sale or rent. Said sign shall not be
nearer than twenty (20) feet from the curb or paved
street line on both improved and unimproved lots.
(B) Signs on Right -of -Way Prohibited. Except for
signs which are the property of the State of Florida or
of the City of Cape Canaveral or which warn of a temporary
physical danger in the vicinity, no sign shall be erected,
posted, painted, tacked, nailed, or otherwise placed or
located on or above any road right-of-way or property of
the City of Cape Canaveral, § 653.02 notwithstanding.
All signs in violation of this subsection will be immedi-
ately removed by the City at the owner's expense.
(C) Off -Premises Signs and Signs on Vacant Land
Generally Prohibited.
(1) No off -premises signs or signs on vacant land
shall be erected, posted, painted, tacked, nailed or
otherwise placed or located anywhere in the City of
Cape Canaveral. An off -premises sign is defined as
a sign not related to the subject matter of the use
of the premises on which the sign is located. This
prohibition shall not apply to real estate or political
signs. A real estate sign shall be any sign used solely
for the sale or lease of property on which the sign is
3o
§ 653.03
SIGN CODE § 653.03
located. A political sign shall be any sign used solely
to present information suggesting a candidate's suit-
ability for elected public office.
(2) Political signs shall not be erected prior to
the candidate qualifying for office and shall be re-
moved within five (5) days following the election in
which his name appears.
(3) A real estate sign shall not exceed six (6)
square feet in size. A political sign shall not exceed
thirty-two (32) or be less than five (5) square feet in
size. No cardboard or paper shall be used in the con-
struction of any sign except as a paper face if it
rests entirely on a one-half inch or thicker wood back-
ing and is securely attached to the backing by an ad-
hesive over the entire surface.
(4) All signs in violation of paragraph (1), (2)
& (3) above that are erected after the effective date
of this ordinance shall be removed immediately at the
owner's expense.
(5) Off -premise signs and signs on vacant property
which exist on the effective date of this ordinance
shall remain until they are removed or fall into dis-
repair. A sign is in disrepair when so determined by
the City Building Inspector at his discretion. When
a sign is so determined to be in a state of disrepair,
the City shall so notify the sign owner and property
owner of the existing condtion; and if the sign owner
or property owner fails or refuses to comply, the City
may remove said sign with all costs to be borne by the
sign owner or property owner. The procedure to be
followed by the City upon determination that a sign
is in a state of disrepair shall be the same as the
procedure established in Chapter XXII of the City
Charter relating to "Abatement of Nuisances".
(6) No new billboards shall be erected in the City
of Cape Canaveral, Florida. Any new billboard erected
in violation of this paragraph shall be removed within
48 hours of notice to the sign owner and property owner.
If the sign owner or property owner fails to remove said
sign, the City shall do so at the sign owner's or the
property owner's expense.
(7) Temporary off premise signs are those signs
on property other than where the business or activity
§ 653.03 SIN CODE § 653.03
is located. There shall be a limit of one sign per
business or activity erecting a temporary off premise
sign.
(1) Signs may be erected only by the following:
(a) A housing project or subdivision within
the City of Cape Canaveral consisting of ten or
more residential units.
(b) Any new business opening within the City
of Cape Canaveral.
(2) Any such sign is limited in size to 50 square
feet per face and may be double faced. It shall be
constructed of sturdy materials as approved by the
Building Official. There shall be no illumination
of any sort provided specifically for the sign.
(3) The signs may be erected 30 days prior to
opening a new business and shall be removed no later
than 60 days after opening, or housing construction
has stopped.
(4) Signs may be placed in the following zones
with limits as indicated.
T-1 Zone on Astronaut Boulevard, 75 feet from
the right of way, maximum height, 15 feet.
C-1 Zone on Astronaut Boulevard, 75 feet from
the right of way, maximum height, 15 feet.
C-1 Zone on Old State Road 401, 10 feet from
the right of way, maximum height 8 feet.
C-2 Zone on Astronaut Boulevard, no signs of
this type permitted.
C-2 Zone on Old State Road 401, 10 feet from
the right of way, maximum height 8 feet.
M-3 Zone on Old State Road 401, 10 feet from
the right of way, maximum height, 8 feet.
(5) The written consent of the property owner
must accompany each application for sign permit.
The agent for an owner will verify in writing the
authority to execute a consent form.
§ 653.03 SIGN CODE § 653.04
(D) Flashing Signs Prohibited. Any sign which con-
tains or uses lights or lighting device or devices which
flash or alternate, is prohibited.
(E) Portable Signs Prohibited. Any sign which is
mobile and not securely and permanently attached to the
ground or a building is prohibited.
(F) Sign Height Limited. No sign shall be supported
so that the uppermost edge is more than thirty (30) feet
above the ground. This limitation shall not apply to any
sign on the face of any building. Existing signs are ex-
cluded from the operation of this provision untilthev fall
into a state of disrepair or are moved or altered.
(G) It is the expressed legislative intent of the City
Council that there shall be a prohibition, without any.
exceptions, against the use of any portion of a street,
sidewalk, alley, right-of-way, or public thoroughfare for
the display of merchandise for sale, or the location of
portable or movable signs or stands to advertise or draw
attention to the business of any person, or the parking
of vehicles or other type of contrivance which are in and
of themselves unique and unusual and are parked for the
purpose of attracting attention to a person's place of
business, or the parking of vehicles or other types of
contrivances to which there is attached a sign advertising
the business of or product sold by the business of any
person, firm or corporation or designed to attract atten-
tion thereto, provided, however that the foregoing pro-
hibition against the use of the streets for the parking
of vehicles is not intended to prohibit the bonafide
parking of any vehicle used primarily by the owner there-
of for the purpose of transportation, notwithstanding that
such vehicle may have painted upon the exterior surface
the owner's name or address or business slogan or trade-
mark or other emblem which identifies the vehicles' owner
or business in a manner consistent with that customarily
found on commercial vehicles or vehicles used for com-
mercial purposes. [Sign Ord, § 3, 30 Mar 1965; Ord. No.
18-72, § § 1, 2, 3, 3 Oct 1972; Ord. No. 49-73, § 1,
18 Dec 1973; Ord. No. 21-75, § 1, 7 Oct 1975; Ord. No.
23-77, § 2, 3 Jan 1978]
Sec. 653.04 Permits Required. It shall be unlawful
for any person to install, alter or relocate any sign,
marquee, canopy, awning or other advertising'structure
except those described in § § 653.02 and 653.03 herein
without first obtaining a permit from the City Building
§ 653.04 SIGN CODE § 653.06 33.
Inspector and making payment to the City Clerk the fee
as required by the schedule of fees established for con-
struction of miscellaneous structures. All illuminated
signs shall in addition be subject to the provisions of
any Construction Codes of the City and the permit fees
required thereunder. [Sign Ord., § 4, 30 Mar 1965]
Sec. 653.05 Application for Erection Permit. Ap-
plication for erection permit shall be made upon blanks
provided by the Building Inspector and shall contain or
have attached thereto the following information:
(A) Name, address and telephone number of the
applicant.
(B) Whether applicant is "owner" or "lessee" and,
if latter, show authority of owner.
(C) Location of building, structure, or lot to which
or upon which the sign or other advertising structure is
to be attached or erected.
(D) Plot plan showing position of the sign or other
advertising structure in relation to nearby buildings or
structures.
(E) Two blueprints or ink drawings of the plans and
specifications and method of,construction and attachment
to the building or in the ground.
(F) Name of person, firm, corporation or association
erecting structure.
(G) Any electrical permit required and issued for
said sign.
(H) Such other information as the Building Inspector
shall require to show full compliance with this and all
other laws and regulations of the City. [Sign Ord., § 5,
30 Mar 1965]
Sec. 653.06 Wind Pressure and Dead Load Requirements.
All signs and other advertising structures shall be de-
signed and constructed to withstand a wind velocity as
set forth in the Southern Standard Building Code, as
amended, and shall be constructed to receive dead loads
as required by the said Southern Standard Building Code,
as amended, or other Codes of the City of Cape Canaveral,
Florida. [Sign Ord., § 6, 30 Mar 1965]
5 653.07
SIN CODE § 653.1 1
Sec. 653.07 Obstruction to Doors, Windows or Fire
Escapes. No sign shall be erected, relocated or main-
tained so as to prevent free ingress to or egress from
any door or fire escape. No sign of any kind shall be
attached to a stand pipe or fire escape. [Sign Ord.,
§ 7, 30 Mar 1965]
Sec. 653.08 Signs Not to Constitute Traffic Hazard.
No sign or other advertising structure as regulated by
this Chapter shall be erected at the intersection of
any street in such a manner as to obstruct free and clear
vision; or at any location where, by reason of the posi-
tion, shape or color, it may interfere with, obstruct
the view of or be confused with any authorized traffic
sign, signal or device; or which makes use of any word
or words commonly used on traffic control signs or
signals. [Sign Ord., § 8, 30 Mar 1965]
Sec. 653.09 Sign Lighting. Gooseneck reflectors,
spotlights, floodlights and other lights shall be per-
mitted on ground signs, roof signs and wall signs, pro-
vided, however, the reflectors shall be provided with
proper glass lenses concentrating the illumination upon
the area of the sign so as to prevent glare upon the
street or adjacent property. [Sign Ord., § 9, 30 Mar
1965]
Sec. 653.10 Obscene Matter Prohibited. [Deleted by
Florida Law 73-120, effective 1 July 1963]
Sec. 653.11 Temporary On Premise Signs. Temporary
signs as used in this Chapter are defined as signs
constructed of cloth, canvas, light fabric, cardboard,
wallboard, plywood or other light materials, with or
without frames, intended to be displayed for a short.
period of time only.
(A) General Regulations. No sign of any character
shall be suspended across any public street, avenue or
alley; nor shall any sign of any description be painted,
pasted, printed or nailed on any curb or sidewalk or
upon any trees, light standards, utility poles, hydrants,
bridges, or any structures, other than awnings, within
the property lines of any street, avenue or alley within
the limits Of the City of Cape Canaveral, except with the
permission of the City Council; nor shall any sign of any
kind be attached to any private wall, window, door, gate,
fence or to any other private structure except with the
written permission of the owner or lessee and as restricted
otherwise in this Chapter.
§ 653.11
- SIGN CODE § 653.13
(B) These signs may be erected 30 days prior to
opening a new business and shall be removed no later
than 60 days after opening, or housing construction
has stopped. Signs for other specific events shall
be removed within seven days after the conclusion of
same. [Ord. No. 23-77, § 5, 3 Jan 1978]
Sec. 653.12 Marquees.
(A) Marquee as regulated by this Chapter shall in-
clude any hood or awning of permanent construction pro-
jected from the wall of a building above the entrance
and extending over a thoroughfare.
(B) In addition to the General Regulations, the
following shall apply to marquees.
(1) All marquees including the anchors, bolts,
support rods and braces thereof, shall be designed
by a registered engineer and shall be properly gut-
tered and connected by down spout to a sewer so
that the water therefrom will not drip or flow on
the public property, and the roof thereof shall be
used for no other purposes than to form and consti-
tue a roof.
(2) No marquees shall be permitted to extend
beyond the point two (2) feet inside the curb line.
(3) Marquees shall be supported solely to the
building to which they are attached, and no columns
or posts shall be permitted as support thereof. The
roof of any marquee shall be designed and constructed
to support a live load of not less than one hundred
pounds (100) per square foot, except that this pro-
vision shall not apply to awnings. No marquee shall
be erected on any building of wooden frame construction
unless attached to the masonry, concrete or steel
supports of the building.
(4) Signs attached to or hung from a marquee
shall be completely within the border line of the
marquee outer edge. [Sign Ord., § 12, 30 Mar 1965]
Sec. 653.13 Awnings and Canopies.
(A) Awning shall include any structure made of fire
resistant cloth, metal or plastic with a metal frame
attached to a building and projecting over a sidewalk
3' § 653.13 SIGN CODE § 653.14
or thoroughfare when the same is so erected as to permit
its being raised or lowered to a position flat against
the building when not in use. A canopy shall include
any structure, other than an awning, made of fire resis-
tant cloth, plastic or metal with metal frames attached
to a building, projecting over a thoroughfare or side-
walk and carried by a frame supported by the ground or
sidewalk.
(B) The General Regulations shall be modified for
awnings and canopies as follows:
(1) Canopies and awnings may be constructed of
fire resistant cloth, metal or plastic, but all frames
and supports shall be of metal.
(2) No canopy shall exceed ten (10) feet in width,
but there is no limitation on the width of awning.
All such awning or portions of such awnings and can-
opies shall be not less than seven (7) feet above the
level of the sidewalk, and shall not extend beyond a
point two (2) feet inside the curb line.
(3) Every awning shall be securely attached to and
supported by the building and posts or columnsbeyond
the building line shall not be permitted. When such
building is less than ten (10) feet from public prop-
erty, no awning shall be attached to the wood jams,
frames or other wood members of the building. [Sign
Ord., § 13, 30 Mar 1965]
Sec. 653.14 Penalty. Any person violating any pro-
vision of this Chapter shall be deemed guilty of a
violation of this Chapter and upon conviction thereof
shall be fined not more than fifty dollars ($50.00), or
subject to imprisonment not exceeding ten (10) days, or
by both such fine and imprisonment at the discretion of
the court. Each day a violation is committed shall con-
stitute a separate offense and shall be punishable as
such. Nothing in this section shall be construed to
prohibit the removal or alteration of any sign or other
advertising structure after notice given as herein pro-
vided, notwithstanding that the person owning or main-
taining the same shall have been convicted for a vio-
lation of this Code. [Sign Ord., § 14, 30 Mar 1965;
Ord. No. 23-73, § 5, 3 Jul 1973; Ord. No. 49-73, § 5,
18 Dec 1973]
§ 653.15
SIGN CODE § 653.16
Sec. 653.15 Separability. If any section, subsection,
sentence, clause, phrase or portion of this Chapter 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 thereof. [Sign Ord., § 15, 30 May 1965]
Sec. 653.16 Securities, Bond or Insurance.
(A) Bond. The owner or person in control of a sign,
awning, marquee or banner of any kind whatsoever, sus-
pended over or extending into any public right-of-way
more than one (1) foot beyond the property line, shall
execute a bond in the sum of Five Thousand Dollars
($5,000.00) with sureties approved by the City Attorney,
indemnifying the City against all loss, cost, damage or
expenses incurred or sustained by, or judgments recovered
against the City, or by any of its officers, employees,
apointees or servants, by reason of the construc Lion or
maintenance.
(B) Insurance. In lieu of the bond required in
subsection (A) above, the owner or person in control of
a sign, awning, marquee or banner of any kind suspended
or extending into the public right-of-way beyond one (1)
foot of the property line, may substitute therefor a
Public Liability and Property Damage Insurance Policy
by any insurance company authorized .to do business in
the State of Florida, in the same amount and with the
same conditions as required by subsection (A) above.
[Sign Ord., § 16, 30 Mar 1965]
3
§ 655.01
BIRDS PROTECTED
CHAPTER 655
BIRDS PROTECTED
§ 655.03
Sec. 655.01 Designation of Bird Sanctuary. The
entire area embraced within the corporate limits of the
City of Cape Canaveral be and the same is hereby desig-
nated as a Bird Sanctuary.
Sec. 655.02 Unlawful to Molest Birds or Wild Fowl.
It shall be unlawful to trap, ,shoot, hunt or attempt to
shoot or molest in any manner any bird or wild fowl, or
to rob bird nests or wild fowl nests.
Sec. 655.03 Penalty. Anyone violating the provisions
of this Chapter shall be punishable by a fine of not more
than One Hundred Dollars ($100.00) or imprisonment for a
period not exceeding thirty (30) days. [Ord. No. 13-71,
3 Aug 1971]
§ 657.01 TREE PROTECTION
CHAPTER 657
TREE PROTECTION
Sec. 657.01 Definitions.
§ 657.03
Tree is any self-supporting, woody or fibrous plant
of a species which normally grows to an overall minimum
height of fifteen (15) feet in the Cape Canaveral area.
Trunk diameter is the length of a straight line through
the center of the trunk of a tree, measured at a height
of four and one-half feet above the ground, except for
palms, which shall be measured immediately above the root
cap. [Ord. No. 26-73, § 1,17 Jul 1973; Ord. No. 51-73,
§ 1, 18 Dec 1973]
Sec. 657.02 Permit Required.
(A) No person shall cut down, destroy, remove or move,
effectively destroy through damaging, any tree with a trunk
diameter of four inches or more without first obtaining a
tree removal permit.
(B) The terms and provisions of this Chapter shall
apply to all real property in the City of Cape Canaveral,
including publicly owned lands, rights of ways and ease-
ments. [Ord. No. 26-73, § 2, 17 Jul 1973; Ord. No. 51-73,
§ 2, 18 Dec 1973]
Sec. 657.03 Permit Procedure.
(A) Permission for removal of trees shall be obtained
by making application for the permit to the Building
Official. The application shall specify the location
of the property, the expected land use and the location
of the trees to be removed, indicating the reasons for
removal. A permit fee of $5.00 for each tree to be re-
moved shall be assessed, but in any event, the permit fee
shall not exceed $25.00.
(B) The Building Official may issue a permit for the
removal of trees. In making his determination, the
Building Official shall review and consider the following
guidelines and criteria:
(1) Whether or not the tree is located where
structures or improvements may be placed;
§ 657.03
TREE PROTECTION § 657.03
(2) The tree unreasonably restricts the permitted
use of the property;
(3) Whether a rearrangment of the structures or
improvements thereon will result in the saving of
trees, particularly on parcels having minimal tree
density;
(4) Whether or not rearrangement of the building
structure will significantly add to the overall cost
of the development;
(5) Whether or not the tree is located where
surveying or soil determination work may take place;
(6) Whether or not the tree is diseased, injured
or in danger of falling;
(7) Whether the tree is too close to existing or
proposed structures;
(8) Whether the tree unmanageably threatens or
causes disruption to public utility service or poses
a threat to vehicular or pedestrian safety;
(9) Whether or not the removal of the tree is
desirable in order to enhance or beneift the condition
of other remaining trees.
(C) In making the determination, the Building Official
may inspect the tree and its location and utilize any
outside technical assistance that may be necessary, in-
cluding the advice and assistance of the City of Cape
Canaveral Beautification Board.
(D) A permit for tree removal may include requirements
for replacement of trees and may specify size and kind of
trees and location of replacement trees.
(E) Prior to issuance of tree removal permits on
undeveloped land, the Building Official shall consider
whether or not the plan for development has been submitted
by the applicant and whether or not the tree in question
poses a safety hazard to buildings, pedestrain or vehicular
traffic or public utility service.
(F) No permit shall be required if the tree is diseased,
injured or in danger of falling. This is not to exceed two
trees on one property or one parcel. [Ord. No. 26-73, § 3,
17 Jul 1973; Ord. No. 51-73, § 3, 18 Dec 1973]
3'
§ 657.04
TREE PROTECTION § 657.07
Sec. 657.04 New Construction Permits. As a condition
to issuance of a permit for new construction, the Building
Official may require that protection for existing trees
be provided during construction, as well as the other
standards and criteria as set forth herein. [Ord. No.
26-73, § 4, 17 Jul 1973; Ord. No. 51-73, § 4, 18 Dec 1973]
Sec. 657.05 Appeals from Decisions Provided. Any
party may appeal a decision of the Building Official
under this Chapter to the Board of Adjustment, under
the rules provided in the Zoning Chapter for the appeal
of decisions. The Board of Adjustment may use the stan-
dards and criteria as set forth in this Chapter in their
review. [Ord. No. 26-73, § 5, 17 Jul 1973; Ord. No. 51-
73, § 5, 18 Dec 1973]
Sec. 657.06 Emergencies. In case of emergencies such
as hurricane, windstorm, flood or other disasters, the
requirements of these sections may be waived by the City
Manager upon recommendation by the Building Official and
a finding that such a waiver is necessary so that public
or private work to restore order in the City will not be
impeded. [Ord. No. 26-73, § 6, 17 Jul 1973]
Sec. 657.07 Penalty.
(A) Any person who shall violate the provisions of
this Chapter shall be punished by fine not to exceed Five
Hundred Dollars ($500) or imprisonment not to exceed ten
(10) days or both.
(B) Violations of this Chapter shall be grounds for
revocation or suspension of any building permits issued.
[Ord. No. 26-73, § 7, 17 Jul 1973]
§ 671.01
SEWER SERVICE
CHAPTER 671
SEWER SERVICE
§ 671.03
Sec. 671.01 Connections with Sewer Required. The
owner of each lot or parcel of land within the City of
Cape Canaveral upon which lot or parcel of land any
building or trailer used as a dwelling, is now situated
or shall hereafter be situated, for either residential,
commercial or industrial use, shall connect or cause such
building or trailer to be connected with the public sewer
facilities of the municipal sewer system of the City of
Cape Canaveral and use such facilities, within sixty (60)
days following notification so to do by the City. All
such connections shall be made in accordance with rules
and regulations which shall be adopted from time to time
by the City Council of said City, which rules and regula-
tions shall provide for an inspection fee for inspecting
such connections in such reasonable amount as the Council
may fix and determine. No connection or connections shall
be required where said sewer system or line is more than
one hundred fifty (150) feet from such lot or parcel of
land. [Ord. No. 6-66, § 1, 15 Feb 1966]
Sec. 671.02 Late Connection Penalty. In the event
the owner of a lot or parcel of land does connect such
building now situated or hereafter to be situated, used
for either residential, commercial or industrial purpose,
or trailer used as a dwelling, to and with the municipal
sewer system within the said sixty (60) day period of
time, the City shall make no hook-up or connection charge;
provided, however, if such connection is not made within
the said sixty (60) day period, a charge in the amount
of seventy-five dollars ($75.00) shall be assessed against
such owner by the City as a penalty for failure to comply
with the provisions of this Chapter within the said sixty
(60) day period of time; provided further that where sewer
lines are installed by subdivision such hook-up penalty
shall not apply. In addition and as an alternative means
of collecting such late connection penalty, the City shall
have a lien on such lot or parcel of land for which such
lien shall be equal dignity with the lien of state and
county and municipal taxes. Such lien may be foreclosed
by the City in the same manner provided by the laws of
Florida for the foreclosure of mortgages upon real estate.
[Ord. No. 6-66, 5 2, 15 Feb 1966]
Sec. 671.03 Rates. Any user of the services of the
sewer system shall pay therefor a monthly charge or rate
as follows:
§ 671.03
SEWER SERVICE § 671.03
Customer Classification
Residential
Single Family and all similar single
family uses
Multiple Family & Apartments and all
similar multiple family uses:
Class I
(having more than 1 bedroom per unit)
First Unit
Additional Units (each)
Monthly Charge
$ 6.33
6.33
4.64
Class II
(having 1 bedroom or less per unit)
First Unit 6.33
Additional Units (each) 3.80
Condominiums - Class I
(having more than 1 bedroom per unit)
First Unit
Additional Units (each)
Condominums - Class II
(having 1 bedroom or less per unit)
First Unit
Additional Units (each)
Motels & Trailer Parks and all similar uses:
First Unit or Space
Additional Units or Spaces
6.33
4.64
6.33
3.80
6.33
2.95
Dormitories 125% of water
bill
Public Buildings 10.55
Churches 6.33
Commercial & Industrial & Schools 125% of water
bill
Port Authority 156% of water
bill
It is the intent of this ordinance that all condominiums
or other developments, particularly developments with a
§ 671.03
SEWER SERVICE § 671.09
mixture of housing types, be charged a sewer rate in
accordance with type of structure actually built. [Ord.
No. 6-66, § 3, 15 Feb 1966; Ord. No. 12-72, § 1, 3 Oct
1972; Ord. No. 6-77, § 3, 3 May 1977; Ord. No. 14-79,
§ § 1,2, 4 Sep 1979; Ord. No. 17-79. § 1, 2 Oct 1979]
Sec. 671.04 Unlawful Connection. No person shall be
allowed to connect into any sewer line owned by the City
without a permit issued by the City and then the connec-
tion with such line shall be made only under the direction
and supervision of the City. [Ord. No. 6-66, § 4, 15
Feb 1966]
Sec. 671.05 Unlawful Construction. No person, group
of persons, firm or corporation shall build or remodel
or cause to be built or remodeled any structure used
for human habitation or occupancy within the City which
is within one hundred fifty (150) feet of a public san-
itary sewer line, unless it is provided with water -carried
sewage facilities. [Ord. No. 6-66, § 5, 15 Feb 1966]
Sec. 671.06 Connecting Old Plumbing. Whenever it is
desirable to connect old exterior plumbing with the City
sewer main, the owner or plumber contemplating doing such
work shall notify the City Building Official who will in-
spect said old exterior plumbing and notify the owner or
plumber what alterations will be necessary to place said
old exterior plumbing in an acceptable condition for such
connection. [Ord. No. 6-66, § 6, 15 Feb 1966]
Sec. 671.07 Sanitary Requirements. Every residence
and building in which human beings reside, are employed,
or congregated, shall be required to have a sanitary
method of disposing of human excrement, namely, either
a sanitary water closet that is connected with the City
sewer, or an approved type of septic tank. [Ord. No.
6-66, § 7, 15 Feb 1966]
Sec. 671.08 Disposal Requirements. It shall be un-
lawful for any person, persons, firm or corporation
owning or leasing any premises in the City to permit the
disposal of any human excrement on any property, leased
or rented by any such person, firm or corporation or the
agent of any such person, firm or corporation, except in
a sanitary water closet where sewage lines are available
as defined above. [Ord. No. 6-66, § 8, 15 Feb 1966]
Sec. 671.09 Septic Tank. No septic tank other than
those approved by the State Board of Health shall be
constructed within the corporate limits of the City.
[Ord. No. 6-66, § 9, 15 Feb 1966]
3')
§ 671.10
SEWER SERVICE § 671.13
Sec. 671.10 Maintenance of Plumbing System. The owner
of the property shall be responsible for maintaining and
keeping clean the sewer pipes leading and connecting from
the plumbing system to the City main. [Ord. No. 6-66,
§ 10, 15 Feb 1966]
Sec. 671.11 Payment of Fees and Bills Required. Bills
for the monthly charges and fees hereinafter mentioned
shall be submitted and shall be payable within ten (10)
days from the postmark of such bill. If such monthly bill
shall be and remain unpaid on and after the ten (10) day
grace period, water and sewer service shall be subject to
cut-off. In the event that either water or sewer service
is discontinued because of delinquency, a fee in the amount
of $1.50 shall be charged to restore the said service.
Water service and/or sewer service shall not be reconnected
after discontinuance until all past due water bills and
sewage disposal fees are paid in full together with said
delinquency charge. [Ord.. No. 6-66, § 11, 15 Feb 1966]
Sec. 671.12 Collection of Sewer Fees Where Owner has
Private Water Supply; Deposit Required; Plugging of Line
by City; Charge for Plugging. In those instances where
the owner has his own private water supply, and such owner
becomes more than ten (10) days delinquent in the payment
of his monthly sewage disposal fee after billing, the City
shall have the right to plug the sewer line leading to the
owner's plumbing system, and the owner shall have no right
to reconnect this line or remove the plug until sewage
disposal fees shall have been paid in full, together with
a charge of $25.00 as hereinafter mentioned. Such penalty
of $25.00 shall be imposed and be added to any delinquent
bill where the sewer line has been plugged for nonpayment.
In those instances where the owner .has his own private
water supply the City shall require a deposit in the
amount of $11.25 for residential sewage disposal service
and in a sufficient amount as prescribed by the City from
Commercial and Industrial accounts to cover a three (3)
month service period providing, however, that no such
deposit shall exceed One Hundred Dollars ($100). Recon-
necting the sewer service or removing the plug in the
sewer line until such sewage disposal fees are paid in
full, together with said charge of $25, shall be considered
a violation of this section. [Ord. No. 6-66, § 12, 15 Feb
1966; Ord. No. 6-66B, 20 Sep 1966]
Sec. 671.13 Failure to Maintain Plumbing System.
Failure to keep the sewer pipe, i.e., the pipe leading
§ 671.13
SEWER SERVICE § 671.17
from the plumbing system to the City main, clean and
maintained in a proper manner will give the City the
right to cut off or cause to be cut off the water con-
nection, which shall not be reconnected until the sewer
pipe is cleaned and maintained properly. In those in-
stances where the owner has his own private water supply,
the City shall have the right to plug the sewer line
leading to and connecting with the plumbing system, and
the owner shall have no right to unplug the sewer line
until the sewer pipe leading from the plumbing system
to the City main has been maintained and cleaned and in
proper condition. Unplugging the sewer line or recon-
necting the water supply from the Cocoa water main, until
such sewer pipes are cleaned and maintained properly,
shall be considered a violation of this section. [Ord.
No. 6-66, § 13, 15 Feb 1966]
Sec. 671.14 No Free Service. No sewage disposal
service shall be furnished or rendered free of charge to
any person, firm or corporation whatsoever, and the City
and each and every agency, department or instrumentality
which uses such service shall pay therefor at the rates
fixed by this Chapter. [Ord. No. 6-66, § 14, 15 Feb 1966]
Sec. 671.15 Separate Connections for Each Separate
Building. Each residential building whether occupying
one or more lots and whether it shall occupy any lot or
parcel jointly with any other residential building shall
be considered a separate unit for the payment of the
sewage disposal fees and separate connections will be
required for each such building. [Ord. No. 6-66, § 15,
15 Feb 1966]
Sec. 671.16 Exceptions to Connections. This Chapter
shall not be construed to require or entitle any person
to cross the private property of another to make any
sewer connection. However, if any inability to cross
the private property of another is a subterfuge or con-
nivance caused by conveyance subsequent to this Chapter,
such grantor shall not be exempt from the provisions of
the Chapter. Ord. No. 6-66, § 16, 15 Feb 1966]
Sec. 671.17 Time Extension. Those owners of each lot
or parcel of land located within the confines of Systems
1, 2, 3 and 4 of the City Sanitary Sewer System within
the City of Cape Canaveral, upon which lot or parcel of
land any building, or trailer used as a dwelling, is now
situated or shall hereafter be situated, for either resi-
dential, commercial or industrial use, that have previously
§ 671.17
SEWER SERVICE § 671.19
been notified by the City to connect to the City's
Sanitary Sewer System by a certain date are hereby granted
to and including the day of March 31, 1967, within which
to connect to the City Sanitary Sewer System the provisions
of Section 1 of Ordinance No. 6-66 to the contrary notwith-
standing; providing, however, nothing contained herein
shall relieve said owners from their obligation to use the
sanitary sewer system facilities and shall not affect the
City's right to begin billing and charges of the said
owners previously notified for the use of the said system
as required by the City's sanitary revenue certificates.
[Ord. No. 2-67 (6-66E), § 1, 21 Feb 1967]
Sec. 671.18 Time Extension. Those owners of each
lot or parcel of land within the City of Cape Canaveral,
upon which lot or parcel of land any building, or trailer
used as a dwelling, as now situated or shall hereafter be
situated, for either residential, commercial or industrial
use, that have previously been notified by letter dated
September 2, 1966, by the City to connect to the City's
sanitary sewer system by a certain date are hereby granted
an additional ninety (90) days within which to connect to
the City sanitary sewer system, the provisions of Section
1 of Ordinance No. 6-66 to the contrary notwithstanding,
providing, however, nothing contained herein shall relieve
said owners from their obligation to use the sanitary
sewer system facilities and shall not affect the City's
right to begin billing and charges of the said owners
previously notified on September 2, 1966, for the use
of the said system as required by the City's sanitary
revenue certificates. [Ord. No. 6-66C, § 2, 10 Sep 1966]
Sec. 671.19 Penalty. Any person, firm or corporation
violating any of the provisions of this Chapter shall be
punished by a fine not to exceed ninety (90) days, or by
both such fine and imprisonment. Any failure or refusal
by an owner to connect to the City sewer system after
notification to do so, as hereinabove provided, or any
failure or refusal to pay the charges or rates herein -
above provided, shall be construed to be a violation of
this Chapter. Each day such violation continues shall
be considered a separate offense and subject to the
penalties prescribed herein. [Ord. No. 6-66, § 17, 15
Feb 1966]
§ 673.01
GARBAGE & TRASH REMOVAL
CHAPTER 673
GARBAGE & TRASH REMOVAL
§ 673.01
Sec. 673.01 Definitions. For the purpose of this
Chapter, the following words and terms shall have the
following meanings:
(A) Approved Container shall mean industrial con-
tainers as defined herein, and trash cans provided by
customer and acceptable to the City.
(B) Bulk Container shall mean a fifty-five (55)
gallon drum supplied by the City for temporary storage
of refuse or trash at street and beach locations and
other City recreational facilities.
(C) Business shall mean and include all retail,
professional, wholesale and industrial facilities and
any other commercial enterprises offering goods or
services to the public.
(D) Commercial shall mean and include all dwellings
and businesses serviced by an industial container of two
(2) cubic yards capacity or greater.
(E) Containerized business shall mean and include
any business, multi -family dwelling or other structure
whose garbage and/or trash is deposited in an approved
container for removal by the Collector.
(F) Duplex shall mean and include a detached two-
family dwelling designed or intended for occupancy by
two (2) families.
(G) Garbage shall mean and include all waste and
accumulation of animal, fruit or vegetable matter that
attends, or results from the preparation, use, handling,
cooking, serving or storage of meats, fish, fowl, fruit,
vegetable matter, of any nature whatsoever, which is
subject to decay, putrification, and the generation of
noxious and offensive gasses or odors, or which may serve
as breeding or feeding materials for flies and/or other
germ carrying insects.
(H) Hazardous materials shall mean wastes that are
hazardous by reason of their pathological, explosive,
radiological or toxic characteristics.
§ 673.01
GARBARGE & TRASH REMDVAL 5 673.01
(I) Horticultural trash shall mean accumulation of
lawn, grass or shrubbery cuttings or clippings and dry
leaf rakings, palm fronds, small tree braches (shall not
exceed four (4) feet in length and thirty (30) inches in
diameter), bushes or shrubs, green leaf cuttings, coconuts,
fruits or other matter usually created as refuse in the
care of lawns and yards, except large branches, trees or
bulky or non-combustible materials not susceptible to
normal loading.
(J) Individual containers shall mean an individual
twenty (20) or thirty (30) gallon container provided by
the resident for temporary storage of refuse.
(K) Industrial shall mean establishments generating
waste accumulation of metal, metal products, minerals,
chemicals, rock, cement, asphalt, tar, oil, grease, glass,
crockery, rubber, tires, bottles, cans, lumber, sawdust,
wastes- from animal packing or slaughterhouses or materials
usually created by industrial enterprises.
(L) Industrial container shall mean a two (2) cubic
yard or larger container which can be emptied by mechanical
means.
(M) Multi -family dwelling shall mean and include any
building or structure containing four (4) or more con-
tiguous living units and intended exclusively for res-
idential use by single persons or families.
(N) Non -containerized business shall mean and include
any dwelling, business, apartment or other structure
whose trash is deposited and collected by means other
than a container.
(0) Refuse shall mean a combination of garbage, horti-
cultural trash and small pieces of materials which are
containerized for routine pickup.
(P) Single-family residence shall mean and include
a detached single-family dwelling designed or intended
for occupancy by one (1) person or by one (1) family.
(Q) Special material shall mean those bulky materials
or other special wastes that are not stored in approved
containers and are not routinely generated in residential
areas.
(R) Trailer parks shall mean and include any group
7 ':
§ 673.01
GARBARGE & TRASH REMOVAL § 673.02
of two (2) or more trailer lots operated as a commercial
business to provide parking for mobile homes as living
units.
(S) Trash shall mean a combination of large horti-
cultural trash and material which by the nature of its
size cannot be containerized.
(T) Triplex shall mean and include a detached three
(3) family dwelling designed or intended for occupancy
by three (3) families. [Ord. No. 9-78, § 1, 16 May 1978]
Sec. 673.02 Garbage receptacles to be provided.
(A) All owners, residents and all occupants of any
residential unit and the owner, user, manager or occupants
of any multiple dwelling unit, or of any place or business
or commercial establishment with the City are hereby re-
quired to provide a garbage receptacle to hold four (4)
days accumulation of garbage.
(B) In lieu of individual garbage receptacles, an
industrial container or containers may be used. Said
container shall be provided by the collector and the City
Manager shall first determine whether or not an industrial
container shall be provided to any owner, user, manager
or occupant so requesting an industrial container. Mul-
tiple dwelling units containing less than ten (10) units
may be provided an industrial garbage container at the
discretion of the City Manager. All commercial establish-
ments, establishments other than professional offices or
other offices shall be required to have mechanical con-
tainers at the discretion of the City Manager.
Single family residences, duplexes and triplexes shall
not be permitted to use industrial containers.
(C) It shall be the duty of the owner, manager, tenant
or occupant of any multiple dwelling unit to furnish or
see that each unit with cooking facilities of said multi-
ple dwelling is furnished or supplied with a garbage
receptacle or receptacles or industrial container or
containers adequate and sufficient in size to comply
with the terms of this ordinance. All such receptacles
or containers shall be kept tightly covered at all times
except when it is necessary to lift the cover for dis-
posal or removal of refuse or to deposit refuse therein.
§ 6 7 3. 0 2 GARBARGE & TRASH REMOVAL § 673.03
It shall be unlawful for any person to deposit refuse
in such amount in the receptacle or receptacles or in-
dustrial containers that will not permit the cover there-
of to be kept tightly in place. [Ord. No. 9-78, § 2, 16
May 1978]
Sec. 673.03 Residential garbage, refuse and trash
pickup conditions.
(A) Residential garbage. All garbage receptacles shall
be located so that they are easily accessible by the
Collector and shall not weigh more than forty (40) lbs.
No collection of garbage will be made by the Collector
within any fenced -in yard, closed enclosure, or where the
collector would be exposed to a potentially vicious animal.
It shallbe the responsibility of all owners and residents
and all occupants of single or multiple family dwelling
units with such fenced -in yards or enclosed areas to
place the garbage receptacles in an area which is easily
accessible to the collector on collection days.
(B) Residential trash or rubbish collections. Horti-
cultural trash, household trash and rubbish collections
will be made at the front property line adjacent to the
street. Accumulations of grass, leaves, greenleaf cuttings,
fruits and similar loose materials shall be placed in bags,
boxes or otherwise containerized for ease in handling.
Collector shall be required to pick up no more than one
large piece of furniture or appliance per residential
dwelling unit at any regular pickup. Accumulations in
excess of this requirement shall be collected as other-
wise provided in this Chapter.
(C) Location of garbage receptacles. Garbage recep-
tacles shall not be located in such places or under such
conditions as to cause unnecessary or unreasonable offense
to sightliness, cleanliness, safety or other sanitary con-
ditions. They shall not be kept upon neighboring property,
not in the ownership or tenancy of the person by whom the
garbage was accumulated, whether such neighboring property
be vacant or improved, without the written consent of the
person having the right to possession and use of the
property. No garbage receptacle or industrial container
shall be placed on any City right-of-way, except for
immediate pickup. The City Manager may make an exception
to location of an industrial container or garbage recep-
tacle on any City right-of-way, in writing. Industrial
containers shall not be placed in such manner as to hinder
the closing of container lids.
35
§ 673.03
GARBAGE & TRASH REMOVAL § 673.06
(D) Obstruction. It shall be unlawful for any person
to park a motor vehicle in such a way that the collector
cannot service industrial containers or otherwise block
access to such containers.
(E) It shall be unlawful for a person to place refuse
in a container assigned to another address, without writ-
ten permission of the owner. [Ord. No. 9-78, § 3, 16 May
1978]
Sec. 673.04 Burning or burying of garbage and horti-
cultural trash, household trash and rubbish. It shall
be unlawful for any person to bury garbage, horticultural
trash, household trash or rubbish which is or is reasonably
likely to become a nuisance or menace or threat to the
health of residents within the City. No such garbage,
horticultural trash, household trash or rubbish shall be
burned within the corporate limits of the City of Cape
Canaveral, unless approval has first been obtained from
the City Manager. [Ord. No. 9-78, § 4, 16 May 1978]
Sec. 673.05 Proper disposal of garbage and refuse as
a prerequisite to collection. No removal or collection
of garbage and refuse shall be required by the Collector
from any premises within the City, unless the garbage and
refuse is deposited in a proper receptacle as herein de-
fined, and the owner or occupant or person responsible
for using said premises shall be prosecuted for non-compli-
ance. [Ord. No. 9-78, § 5, 16 May 1978]
Sec. 673.06 Unlawful accumulation. It shall further
be unlawful and a violation of this Chapter for the owner
and/or occupant or manager or person responsible for any
land or premises to permit, suffer, allow, either by
commission or omission any accumulation of garbage,_horti-
cultural trash, household trash and rubbish, or industrial
waste, upon premises or property within the City of Cape
Canaveral for a period longer than four (4) days without
having arranged for disposal of said accumulation by the
Collector to perform such services and it shall be unlaw-
ful and a violation of this Chapter for any person, whether
owner, manager or occupant of any premises, to,fail to
provide a sufficient number of containers or receptacles
per unit as provided herein, to amply provide for any four
(4) day period of garbage, horticultural trash, household
trash' or rubbish. Nothing herein contained shall prevent
the owner or occupant, manager or person responsible for
said premises to remove accumulations of horticultural
§ 673.06
GARBAGE & TRASH REMOVAL § 673.10
trash, household trash or rubbish or industrial waste,
himself, to a proper place of disposal. In the event
that removal of excess accumulations are arranged with
the Collector, the rate charged by the Collector shall
be negotiated and shall be paid in advance as may be
required by the Collector. [Ord. No. 9-78, § 6, 16 May
1978]
Sec. 673.07 Unlawful disposal. It shall be unlawful
to deposit or dispose of garbage, horticultural trash,
household trash, rubbish or industrial waste upon the
premises of another, or upon any street, alley, parkway
or other public property, or any canal, ditch, water,
waterway, river, ocean, sandbed, pool, pond or the like,
within the City, or in the receptacle of another, except
that tenants of multiple dwellings or businesses, where
authorized, may deposit such accumulations in receptacles
upon which the owner or manager of said multiple dwelling,
apartment or business building has authorized for the
use of the tenants by the owner or manager thereof. [Ord.
No. 9-78, 5 7, 16 May 1978]
Sec. 673.08 Transfer of garbage or trash over public
streets. Unless a person shall have been specifically
authorized and licensed by resolution of the governing
body to do so, it shall be unlawful for any person to
transport garbage, horticultural trash, household trash,
rubbish or industrial waste through or over the public
streets or alleys of the City, except as otherwise pro-
vided in Section 673.06 hereof. This provision shall be
literally construed to protect the public health, safety
and general welfare. [Ord. No. 9-78, § 8, 16 May 1978]
Sec. 673.09 Complaint procedure. The Collector is
obligated to promptly respond to all complaints concern-
ing the quality or absence of collection service. All
complaints with regard to refuse and trash collection
service directed by this Chapter shall be made to the
City, and subsequently directed to the Collector by the
City Manager. [Ord. No. 9-78, 5 9, 16 May 1978]
Sec. 673.10 Penalties. Any person who fails to
comply with this ordinance or who violates the same, or
who creates or maintains garbage, horticultural trash,
household trash or rubbish, shall be considered as having
violated this Chapter, and upon conviction in a court of
ccmpetent jurisdiction, shall be punished by a fine not
to exceed $250.00 or imprisonment not to exceed ten (10)
days, or by both such fine and imprisonment. [Ord. No.
9-78, 5 10, 16 May 1978]
3'
§ 673.11
GARBAGE & TRASH REMOVAL § 673.11
Sec. 673.11 (A) Schedule of Fees. Owner of any
residence or commercial building within the City of
Cape Canaveral, Florida, shall pay the following fee
as provided for in Section 673.02 hereof:
(1) Single Family Residences and Duplex living
units at $3.85 per living unit per month.
(2) Mobile Home Units at $2.60 per living unit
per month.
(3) Individual Apartments or Condominium Units
at $2.60 per living unit per month.
(4) Individual commercial business accounts with
individual containers at $4.70 per month not to ex-
ceed 3 industrial containers per pickup.
(5) Commercial businesses, Apartment Complexes
and Condominums using industrial containers at
$11.65 per container yard per month.
(6) Special Collection Services at $1.65 per
container yard per pickup.
(7) Items requiring special handling due to size,
weight, type of material or method of placement at
a price to be negotiated between the collector and
customer prior to collection.
(8) Rates for services not provided for in this
Chapter shall be determined by the City Manager,
based on rates provided herein for similar types of
services.
(9) A 25¢ billing charge shall be added to each
bill sent by the City.
The above initial schedule of fees is subject to revision
from time to time as may be necessary, and all subsequent
revisions shall be by resolution of the City Council of
the City of Cape Canaveral.
(B) Failure of users to pay for fees in the pre-
ceding subsection within thirty (30) days of the billing
date shall be a violation of this Chapter. In addition,
the City shall have the right to seek enforcement and
collection of the overdue fee through civil proceedings
in a court of competent jurisdiction, including a reason-
able attorney's fee and costs, if such civil action is
necessary.
§ 673.11
GARBAGE & TRASH REMOVAL § 673.12
(C) All fees becoming due and payable on or after
the effective date of this chapter shall constitute and
are hereby imposed as a special assessment lien against
the real property and personal property aforesaid, and
until fully paid and discharged, shall remain liens
equal in dignity with the City's ad valorem taxes, and
superior in rank and dignity to all liens, encumbrances,
titles and claims in, to or against the real property
involved. Such fees shall become delinquent if not
fully paid within thirty (30) days after the due date.
All delinquent service charges shall bear a penalty as
follows:
Single family, duplex and triplex - $1.00 per month
from due date;
All other residential - $1.00 per month from due date;
Commercial - $5.00 per month from due date.
Unpaid delinquent service charges, together with all
penalties imposed thereon shall remain and constitute
special assessment liens against the real and personal
properties involved. Such special assessment liens for
garbage fees and penalties shall be enforced by any of
the methods provided in Chapter 86, Florida Statutes,
or in the alternative, foreclosure proceedings may be
instituted and prosecuted under the provisions of Chapter
173 Florida Statutes, or the collection and enforcement
of payment thereof may be accomplished by any other method
authorized by law.
(D) In addition to the collection procedure and fore-
closure procedure established in the preceding subsections,
the City Manager is hereby empowered to discontinue water
and/or sewer service to the owner of any residence, com-
mercial buildings or establishment who fails to pay the
monthly garbage charge as provided for in this subsection.
(E) Each condominium association within the City of
Cape Canaveral will be responsible for the monthly condo-
minium garbage fee provided herein. [Ord. No. 9-78, § 11,
16 May 1978]
Sec. 673.12 Authority of City to Collect. Nothing
contained in this Chapter shall be construed to prevent
the City from creating or acting as its own garbage and/or
trash collection or disposal service or facility, either
independently, exclusively or in conjunction with others.
[Ord. No. 9-78, § 12, 16 May 1978]
§ 673.13
GARBAGE & TRASH REMOVAL 5 673.13
Sec. 673.13 Legislative intent. If this Chapter or
any section hereof, or any sentence, phrase or word, be
declared illegal or unlawful by a court of competent
jurisdiction, it is the intent that such illegal word,
phrase, sentence or section shall not affect the legality
of the remainder of this Chapter. [Ord. No. 9-78, § 13,
16 May 1978]
,r\
§ 675. 01 LI'r1'ER AND TiM,STE
CHAPTER 675
LITTER AND WASTE
Sec. 675.01 Definitions.
§ 675.01
Litter is garbage, rubbish, rubble, handbills and
junk as hereinafter defined.
Garbage is putrescible animal and vegetable wastes
resulting from the handling, preparation, cooking and
consumption of food.
Rubbish is nonputrescible solid wastes consisting of
both combustible and noncombustible wastes; such as
paper, wrappings, cigarettes, cardboard, tin cans, yard
clippings, wood, glass, bedding, crockery and similar
materials.
Rubble is broken fragments of concrete, brick, stone
or asphalt when such fragments are scattered in disarray.
Commercial Handbill is any printed or written matter,
any sample or device, dodger, circular, leaflet, pamphlet,
paper, booklet or any other printed or otherwise reproduced
original or copies of any matter or literature:
(1) Which advertises for sale any merchandise,
produce, commodity or thing; or
(2) Which directs attention to any business or
mercantile or commercial establishment, or other
activity, for the purpose of either directly or
indirectly promoting the interest thereof by sales;
or
(3) Which directs attention to or advertises
any meeting, theatrical performance, exhibition or
event of any kind, for which an admission fee is
charged for the purpose of private gain or profit;
but the terms of this clause shall not apply where an
admission fee is charged or a collection is taken up
for the purpose of defraying the expense incident to
such meeting, theatrical performance, exhibition or
event of any kind; provided, that nothing contained
in this clause shall be deemed to authorize the
holding, giving or taking place of any meeting,
theatrical performance, exhibition, or event of any
kind, without a license, where such license is or may
§ 675.01
LI1.1'ER AND TASTE § 675.01
be required by any law of this State, or under any
ordinance of this City; or
(4) Which, while containing reading matter other
than advertising matter, is predominately and essen-
tially an advertisement, and is distributed or cir-
culated for advertising purposes, or for the private
benefit and gain of any person engaged as an advertiser
or distributor.
Noncommercial Handbill is any printed or written matter,
any sample or device, dodger, circular, leaflet, pamplet,
newspaper, magazine, paper, booklet or any other printed
or otherwise reproduced original or copies of any matter
of literature not included in the aforesaid definitions
of a commercial handbill or newspaper.
Newspaper is any newspaper of general circulation as
defined by general law, any newspaper fully entered with
the Post Office Department of the United States, in
accordance with Federal statute or regulation, and any
newspaper filed and recorded with any recording officer
as provided by general law; and, in addition thereto,
shall mean and include any periodical or current magazine
regularly published with not less than four issues per
year, and sold to the public.
Junk is any scrap metal, scrap lumber, discarded build-
ing materials, junk vehicle, abandoned parts, machinery,
machinery parts, household applicances, air conditioners
and similar nonfunctioning assemblies or their components.
Junk Vehicle shall mean any vehicle, including a
trailer or motor or mobile home, which does not bear a
license number plate, or if it bears a license number
plate, said license number plate has not been valid for
a period of more than six (6) months, which said vehicle
is in either a rusted, wrecked, discarded, dismantled,
partly dismantled, inoperative or abandoned condition.
Park is a park, reservation, playground, beach, rec-
reation center or any other public area owned or used by
the City and devoted to active or passive recreation.
Person is any person, firm, partnership, association,
corporation, company or organization of any kind.
Private Premises is any dwelling, house, building or
other structure designed or used either wholly or in part
§ 675.01
LIr1'Lx AND WASTE § 675.06
for private residential purposes, whether inhabited or
temporarily or continuously uninhabited or vacant, and
shall include any yard, grounds, walk, driveway, porch,
steps, vestibule or mailbox belonging or appurtenant to
such dwelling, house, building or other structure.
Public Place is any and all streets, sidewalks, boule-
vards, alleys or other public ways and any and all public
parks, squares, spaces,grounds and buildings. [Ord. No.
25-73, § 1, 3 Jul 1973]
Sec. 675.02 Litter in Public Places. No person
shall throw or deposit litter in or upon any street,
sidewalk or other public place within the City except
in public receptacles or in authorized private recep-
tacles for collection. [Ord. No. 25-73, § 2, 3 Jul 1963]
Sec. 675.03 Placement of Litter in Receptacles so
as to Prevent Scattering. Persons placing litter in
public receptacles or in authorized private receptacles
shall do so in such a mnanner as to prevent it from be-
ing carried or deposited by the elements upon any street,
sidewalk or other public place. [Ord. No. 25-73, § 3,
3 Jul 1973]
Sec. 675.04 Sweeping Litter into Gutters Prohibited.
No person shall sweep into or deposit in any gutter,
street or other public place within the City the accumu-
lation of litter from any building or lot or from any
public or private sidewalk or driveway. Persons owning
or occupying property shall keep the sidewalk in front
of their premises free of litter. [Ord. No. 25-73, § 4,
3 Jul 1973]
Sec. 675.05 Merchants' Duty to keep Sidewalks free
of Litter. No person owning or occupying a place of
business shall sweep into or deposit in any gutter,
street or other public place within the City the accumu-
lation of litter from any bilding or lot or from any
public or private sidewalk or driveway. Persons owning
or occupying places of business within the City shall
keep the sidewalk in front of their business premises
free of litter. [Ord. No. 25-73, § 5, 3 Jul 1973]
Sec. 675.06 Litter Thrown by Persons in Vehicles.
No person, while a driver or passenger in a vehicle,
shall throw or deposit litter upon any street or other
public place within the City. [Ord. No. 25-73, § 6,
3 Jul 1973]
§ 675.07
LI'1'1'E±L AND VPSTE § 675.13
Sec. 675.07 Truck Loads causing Litter. No person
shall drive or move any truckor other vehicle within
the City unless such vehicle is so constructed or loaded
as to prevent any load or contents of litter from being
blown or deposited upon any street, alley or other public
place. [Ord. No. 25-73, § 7, 3 July 1973]
Sec. 675.08 Dropping Litter from Aircraft. No person
in an aircraft shall throw out, drop or deposit within the
City any litter, handbill or any other object. [Ord. No.
25-73, § 8, 3 Jul 1973]
Sec. 675.09 Litter in River. No person shall throw
or deposit litter in any river or any other body of water
in a park or elsewhere within the City. [Ord. No. 25-73,
§ 9, 3 Jul 1973]
Sec. 675.10 Litter on Occupied Private Property. No
person shall throw or deposit litter on any occupied
private property within the City, whether owned by such
person or not, except that the owner or person in control
of private property may maintain authorized private re-
ceptacles for collection in such a manner that litter will
be prevented from being carried or deposited by the elements
upon any street, sidewalk or other public place or upon any
private property. [Ord. No. 25-73, § 10, 3 Jul 1973]
Sec. 675.11 Owner to Maintain Premises Free of Litter.
The owner or person in control of any private property
shall at all times maintain the premises free of litter.
Provided, however, that this Section shall not prohibit
the storage of litter in authorized private receptacles
for collection. [Ord. No. 25-73, § 11, 3 Jul 1973]
Sec. 675.12 Litter on Vacant Lots. No person shall
throw or deposit litter on any open or vacant private
property within the City whether owned by such person or
not. [Ord. No. 25-73, § 12, 3 Jul 1973]
Sec. 675.13 Throwing or Distributing Commercial Hand-
bills in Public Places. No person shall throw or deposit
any commercialornoncommercial handbill in or upon any
sidewalk, street or other public place within the City.
Nor shall any person hand out or distribute or sell any
commercial handbill in any public place. Provided, how-
ever, that it shall not be unlawful on any sidewalk,
street or other public place within the City for any
person to hand out or distribute without charge to the
receiver thereof, any noncommercial handbill to any person
willing to accept it. [Ord. No. 25-73, § 13, 3 Jul 1973]
(.i § 675. 1 4 LI'r1'ER AND WASTE § 675.17
Sec. 675.14 Placing Commercial and Noncommercial Hand-
bills on Vehicles. No person shall throw or deposit any
commercial or noncommercial handbill in or upon any vehicle;
provided, however, that is shall not be unlawful in any
public place for a person to hand out or distribute without
charge to the receiver thereof, a noncommercial handbill to
any occupant of a vehicle who is willing to accept it.
[Ord. No. 25-73, § 14, 3 Jul 1973]
Sec. 675.15 Depositing Commercial and Noncommercial
Handbills on Uninhabited or Vacant Premises. No person
shall throw or deposit any commercial or noncommercial
handbill in or upon any private premises which are tem-
porarily or continuously uninhabited or vacant. [Ord.
No. 25-73, § 15, 3 Jul 1973]
Sec. 675.16 Prohibiting Distribution of Handbills
where Properly Posted. No person shall throw, deposit
or distribute any commercial or noncommercial handbill
upon any private premises, if requested by anyone there-
on not to do so, or if there is placed on said premises in
a conspicuous position near the entrance thereof, a sign
bearing the words: "No Trespassing," "No Peddlers or
Agents," "No Advertisements," or any similar notice, in-
dicating in any manner that the occupants of said premises
do not desire to be molested or have their right of privacy
disturbed, or to have any such handbills left upon such
premises. [Ord. No. 25-73, § 16, 3 Jul 1973]
Sec. 675.17 Distributing Commercial and Noncommercial
Handbills at Inhabited Private Premises. No person shall
throw, deposit or distribute any commercial or noncommercial
handbill in or upon private premises which are inhabited,
except by handing or transmitting any such handbill directly
to the owner, occupant or other person then present in or
upon such private premises. Provided, however, that in
case of inhabited private premises which are not posted,
as provided in this Chapter, such person, unless requested
by anyone upon such premises not to do so, shall have the
authority to place or deposit any such handbill in or upon
such inhabited private premises, if such handbill is so
placed or deposited as to secure or prevent such handbill
from being blown or drifted about such premises or side-
walks, streets or other public places, and except that
mailboxes may not be so used when so prohibted by Federal
postal law or regulations. The provisions of this section
shall not apply to the distribution of mail by the United
States, nor to newspapers. [Ord. No. 25-73, § 17, 3 Jul
1973]
§ 675.18
LI'rlrR AND TAMSTE § 675.21
Sec. 675.18 Posting Notices Prohibited. No person
shall post or affix any notice, poster or other paper or
device, calculated to attract the attention of the public,
to any lamp post, public utility pole or shade tree or
upon any public structure or building, except as may be
authorized or required by law. [Ord. No. 25-73, § 18, 3
Jul 1973]
Sec. 675.19 Storage of Junk Vehicles. A junked vehicle
may not be parked, stored or left in the open unless it is
necessary for the operation of a business enterprise law-
fully situated on private property. Any other junked vehicle
or vehicles must be relocated to a completely enclosed
location or otherwise removed from the property. [Ord. No.
25-73, § 19, 3 Jul 1973]
Sec. 675.20 Complaints; Reports. Any citizen or in-
habitant of the City of Cape Canaveral may make complaint
to any police officer of the existence of litter on private
property. Upon receipt of said complaint, the officer shall
inspect the property complained of and file a written report
with the City Manager. Said report shall be on a form
provided by the City Manager and shall, at a minimum, in-
clude the following information: property location, in-
spector, location and type of litter and if a vehicle, the
make, year, type, color, license number plate by number,
state and year, motor number, serial number, number of
wheels in place, percentage of rust, and any other remarks
regarding broken glass, missing fenders, motor, transmission,
battery, radiator, headlights or bumpers. Said report shall
also include a list of articles of value found within any
vehicle. Based upon said report, the City Manager shall
make a determination as to whether or not said vehicle
is properly classified as litter and/or a junk vehicle.
[Ord. No. 25-73, § 20, 3 Jul 1973]
Sec. 675.21 Notice and Order for Removal of Litter on
Private Property or Junked Vehicle. If the City Manager
determines that the vehicle is a junk vehicle, the Police
Department shall attempt to notify the owner of said vehicle
and request that he immediately remove the said litter and/
or vehicle. In the event the litter and/or vehicle is not
removed, the City Administration shall cause to be served
by registered mail addressed to the property owner on which
the litter and/or junked vehicle is located as determined
from the tax rolls of the City, a notice and order which
shall notify by description of litter and if a vehicle, the
make, body type, color and license number, the vehicle or
vehicles complained of, that the litter and/or vehicle or
1
,1
§ 675.21
LI'rihR AND VaSTE § 675.22
vehicles are in violation of this Chapter and that the
property owner is required and ordered to remove said
vehicle or vehicles within thirty (30) days after service,
and if there be a failure to so remove, that the City may
remove or cause the removal of such litter and/or vehicles
from the property and assess the cost to the property owner.
Said notice and order shall further notify the property
owner that he may, within fifteen (15) days of the service,
request a hearing before the City Council of the City of
Cape Canaveral to determine whether said notice and order
was proper or justified, and that such request must be in
writing and addressed to the City Manager. The City Manager
shall also post a duplicate of the original of said notice
and order in a conspicuous spot on the affected property.
The hearing shall be held prior to the expiration of the
period for compliance by the owner. [Ord. No. 25-73, § 21,
3 Jul 1973]
Sec. 675.22 Failure to Comply with Notice and Order;
Removal by City; Assessment and Collection of City's Cost,
Unpaid Sums added to Tax Rolls of the Property. If the
property owner does not comply with the notice and order
within the time specified therein, then the City may pro-
ceed with the removal of the said litter and/or junked
vehicle or vehicles or may cause the same to be done. If
the City proceeds to execute a notice of order issued by
it for the removal of litter and/or junked vehicle or
vehicles, said City may let contracts therefor. The City
may charge or assess the said property and the owner with
the actual cost of labor performed and materials furnished
in removing the litter and/or junked vehicle or vehicles,
together with ten per cent (10%) of the cost of such labor
and materials for the use of tools and supervision, and
said amounts shall constitute an indebtedness of the owner
of said property to the City of Cape Canaveral, and shall
constitute a lien against said property which shall be
superior to all other liens except the liens for State
and County taxes and City taxes, and the liens for special
assessments for public improvements. The City Clerk shall
enter in a book provided by him for such purpose the claim
of the City for said lien, in which he shall give a brief
description of the property, the name of the owner, if
known, and the amount due to the City for which said lien
is claimed. The amounts so expended by the City shall
become due within one (1) month after the expenditure of
the same, and if not paid within said time, shall bear
interest after one (1) month from the date thereof at the
rate of one percent (1%) per month until paid. Upon payment
ti
I i
§ 675.22 LI'rrER AND TASTE § 675.24
of the amount due'for said work, the City Clerk shall
enter on said record the fact and date of payment there-
of, and such entry of payment by the City Clerk shall
constitute a discharge of the lien. [Ord. No. 25-73,
§ 22, 3 Jul 1973]
Sec. 675.23 Waiver of Rights by Property Owners;
Removal at City's Costs. If a property owner has been
served a notice and order to relocate or otherwise re-
move litter and/or junked vehicles, and if the property
owner elects to relinquish his rights and interest to
the litter and/or vehicle or vehicles and to permit the
City to carry out the abatement of the violations as
listed in a notice and order without further delay, then
in that event, the City may proceed to remove the viola-
tions, providing the owner signs a waiver, in writing, to
this effect, holding the City harmless from any damage
claims, and submits same to the City Manager. Any expense
incurred by the City as a result of removing any litter
and/or junked vehicles following the receipt of a waiver
by the property owner or his duly authorized representative
shall, in the event that the property owner or his duly
authorized representative can satisfactorily establish
that the property owner is not the owner of said litter
and/or junked vehicles, be at the City's expense, other
provisions of this Chapter notwithstanding. [Ord. No.
25-73, § 23, 3 July 1973]
Sec. 675.24 Penalty. Any person violating any pro-
visions of this Chapter shall be punished by a fine not
to exceed $300.00 or imprisonment not to exceed ten (10)
days. [Ord. No. 25-73, § 24, 3 Jul 1973]
§ 677.01
MDSQUITo CONTROL
CHAPTER 677
MOSQUITO CONTROL
§ 677.04
Sec. 677.01 Title. This chapter relating to mosquito
control shall be known, and may be cited as "The Mosquito
Control Code." [Ord. No. 29-64, § 1, 1 Sep 1964]
Sec. 677.02 Mosquito Breeding Conditions Prohibited.
It shall be unlawful for any person, persons or corporation
to have, keep, maintain, cause or permit, within the limits
of the City of Cape Canaveral, any collection of standing
or flowing water in which mosquitoes breed or are likely
to breed unless such collection of water is treated so as
effectually to prevent such breeding. Collections of water
in which mosquitoes breed or are likely to breed are those
contained in ditches, ponds, pools, excavations, holes,
depressions, open cesspools, fountains, cisterns, tanks,
shallow wells, barrels, troughs, urns, cans, boxes, bottles,
tubs, buckets, defective house roof gutters, tanks of flush
closets or other water containers. [Ord. No. 29-64, §§ 2,3,
1 Sep 1964]
Sec. 677.03 Prima Facie Evidence. The natural presence
of mosquito larvae in standing or running water shall be
evidence that mosquitoes are breeding there. [Ord. No.
29-64, § 4, 1 Sep 1964]
Sec. 677.04 Treatment. Collections of water in which
mosquitoes breed or are likely to breed shall be treated
by such one or more of the following methods as shall be
approved by the Director of Mosquito Control of Brevard
County.
(A) Screening with wire netting of at least 16 meshes
to the inch each way, or any other materials which will
effectually prevent the ingress or egress of mosquitoes.
(B) Complete emptying every seven days of unscreened
containers, together with their thorough drying or cleaning.
(C) Using a larvicide approved and applied under the
direction of the Mosquito Control Director of Brevard
County, or the City Health Officer.
(D) Covering completely the surface of the water with
kerosene, petroleum or paraffin oil once every seven days.
(E) Cleaning and keeping sufficiently free of vegetable
growth and other obstructions, and stocking with mosquito
destroying fish.
§ 677.04
MOSQUITO CONTROL § 677.06
(F) Filling or draining to the satisfaction of the
Director of Mosquito Control of the County.
(G) Proper disposal by removal or destruction, broken
or empty containers likely to hold water. [Ord. No. 29-64,
§ 5, 1 Sep 1964]
Sec. 677.05 Enforcement. In case the person, persons
or corporation responsible for the condition of premises
on which mosquitoes breed or are likely to breed, fails
or refuses to take necessary measures to prevent their
breeding within three days after notice in writing has
been given him by the agent of either this City or Brevard
County, or within such longer time specified in the notice,
the said person responsible shall be deemed guilty of a
violation of this ordinance; and, for each day after the
expiration of three days from the day on which such notice
is given him, or for each day after the expiration of the
time specified in the notice, as the case may be, that
the person responsible fails or refuses to take such
measures, the said person or corporation responsible, shall
be deemed guilty of a separate violation of this ordinance.
In such case of such failure or refusal of the person or
corporation responsible, the City Manager, or the City
Police Department are authorized to take necessary measures
to abate the conditions of which cause mosquitoes, and all
necessary costs incurred shall be charged against the
person or corporation__responsible. [Ord. No. 29-64, § 6,
1 Sep 1964]
Sec. 677.06 Penalty. Any person who violates any of
the provisions of this chapter shall be punished by a
fine not to exceed two -hundred -Fifty Dollars ($250.00)
or imprisonment for not more than sixty (60) days, or
both such fine and imprisonment. [Ord. No. 29-64, § 7,
1 Sep 1964]
§ 681.01
IMPOUNDING OF VEHICLES
CHAPTER 681
IMPOUNDING OF VEHICLES
§ 681.02
Sec. 681.01 Authority to Impound Vehicles. Members
of the Police Department are hereby authorized to remove
a vehicle from a street to the nearest garage or other
place of safety, or to a garage designated or maintained
by the Police Department, or by this municipality, under
the circumstances hereinafter enumerated.
(A) When any vehicle is left unattended upon any
bridge, causeway or viaduct, or in any subway, where such
vehicle constitutes an obstruction to traffic.
(B) When a vehicle upon a street is so disabled as
to constitute an obstruction to traffic, or the person
or persons in charge of the vehicle are by reason of phys-
ical injury incapacitated to such an extent as to be unable
to provide for its custody and removal.
(C) When a vehicle is found being operated upon the
streets and does not meet the requirements of The Florida
Uniform Traffic Code.
(D) When any vehicle is left unattendedupon a street
and is so parked illegally as to constitute a definite
hazard or obstruction to the normal movement of traffic.
(E) When any vehicle is left unattended upon a street
continuously for more than 24 hours and may be presumed to
be abandoned.
(F) When the driver of such vehicle is taken into
custody by the Police Department and such vehicle would
thereby be left unattended upon a street.
(G) When removal is necessary in the interest of public
safety because of fire, flood, storm or other emergency
reason.
(H) When the driver agrees in accordance with § 603.01
(E). [Ord. No. 1-72, § 2, 1 Feb 1972]
Sec. 681.02 Charges to be Paid. No vehicle impounded
in an authorized garage as herein provided shall be re-
leased therefrom until the charges for towing such vehicle
into the garage, and storage charges have been paid. The
charge for towing or removal of any such vehicle and stor-
age charges shall be fixed by the City Judge, such charges
§ 681.02
IMPOUNDING OF VEHICLES § 681.03
to be based upon a computation of all actual expenses
entering into the current cost of such services. Such
charge or charges shall be posted for public inspection
in the office of the City Clerk and in any authorized
garage. [Ord. No. 1-72, § 2, 1 Feb 1972]
Sec. 681.03 Notice of Impounding.
(A) Whenever an officer removes a vehicle from a
street as authorized in § 681.01, and the officer knows
or is able to ascertain the name and address of the owner
thereof, such officer shall immediately give or cause to
be given notice in writing to such owner of the fact of
such removal, and the reasons therefor, and of the place
to which such vehicle has been removed. In the event any
such vehicle is stored in an authorized garage, a copy of
such notice shall be given to the proprietor of such garage.
(B) Whenever an officer removes a vehicle from a
street under § 681.01, and does not know and is not able
to ascertain the name of the owner, or for any other reason
is unable to give notice to the owner as hereinbefore pro-
vided, and in the event the vehicle is not returned to the
owner within a period of 3 days, then and in that event,
the officer shall immediately send, or cause to be sent,
written report of such removal by mail to the Department
of Highway Safety and Motor Vehicles, and shall file copy
of such notice with the proprietor of any authorized garage
in which the vehicle may be stored. Such notice shall in-
clude a complete description of the vehicle, the date, time
and place from which removed, the reasons for such removal
and the name of the garage or place where the vehicle is
stored. (Ord. No. 1-72, § 3, 1 Feb 1972]
§ 682.01
TRUCK TRAFFIC
CHAPTER 682
TRUCK TRAFFIC
§ 682.02.
Sec. 682.01 Definitions. For the purposes of this
ordinance, the following terms, phrases, words and their
derivations shall have the meanings given herein. When
not inconsistent with the context, words used in the
present tense include the future, words in the plural
number include the singular number and words in the sin-
gular number include the plural number. The word "shall"
is always mandatory and not merely directory.
(A) City is the City of Cape Canaveral, Florida.
(B) Deviating Truck is a truck which leaves and de-
parts from a truck route while traveling inside the City.
(C) Person is any person, firm, partnership, associ-
ation, corporation, company or organization of any kind.
(D) Truck is any vehicle designed or operated for the
transportation of property, whose combined load and body
weight exceed five (5) tons.
(E) Truck Route is a way over certain streets, as
designated herein over and along which trucks coming into
and going out of the City must operate. [Ord. No. 11-79,
§ 1, 7 Aug 1979]
Sec. 682.02 Application of Regulation. All trucks
within the City shall be operated only over and along the
truck routes herein established and on the other designated
streets over which truck travel is permitted.
(A) Exceptions. This ordinance shall not prohibit:
(1) Operation on street of destination. The
operation of trucks upon any street where necessary
to the conduct of business at a destination point,
provided streets upon which such traffic is permitted
are used until reaching the intersection nearest the
destination point.
(2) Emergency Vehicles. The operation of emergency
.vehicles upon any street in the City.
(3) Public Utilities. The operation of trucks owned
or operated by the City, public utilities, any contractor
§ 682.02
TRUCK TRAFFIC § 682.03
or material man, while engaged in the repair, maintenance
or construction of streets, street improvements or street
utilities within the City.
(4) Detoured Trucks. The operation of trucks upon
any officially established detour in any case where such
truck could lawfully be operated upon the street for which
such detour is established. [Ord. No. 11-79, § 1, 7 Aug
1979]
Sec. 682.03 Truck Routes Established. There is hereby
established within the City the following "Truck Routes:"
(A) Outside Origin.
(1) Outside destination point. All trucks entering
the City for destination points outside the City shall
operate only over State Highways AlA and 401.
(2) Inside destination point.
(a) One inside destination point. All trucks
entering the City for a destination point in the
City shall proceed only over an established truck
route and shall deviate only at the intersection
with the street, upon which such traffic is permitted,
nearest to the destination point. Upon leaving the
destination point, a deviating truck shall return
to the truck route by the shortest permissible route.
(b) Multiple inside destination points. All
trucks entering the City for multiple destination
points shall proceed only over established truck
routes and shall deviate only at the intersection
with the street, upon which such traffic is permitted,
nearest to the first destination point. Upon leaving
the first destination point a deviating truck shall
proceed to other destination points by the shortest
direction and only over streets upon which such traf-
fic is permitted. Upon leaving the last destination
point, a deviating truck shall return to the truck
route by the shortest permissible route.
(B) Inside Origin.
(1) Outside destination point. All trucks, on a
trip originating in the City, and traveling in the City
for a destination point outside the City shall proceed
`i\ § 682.03 TRUCK TRAFFIC § 682.05
by the shortest direction over streets on which such
traffic is permitted to a truck route as herein es-
tablished.
(2) Inside destination points. All trucks, on a
trip originating in the City, and traveling in the City
for a destination point in the City shall proceed only
over streets upon which such traffic is permitted.
[Ord. No. 11-79, § 1, 7 Aug 1979]
Sec. 682.04 Enforcement.
(A) Clerk Maintains Maps. The City Clerk shall keep
and maintain accurate maps setting out truck routes and
streets upon which truck traffic is permitted; the maps
shall be kept on file in the office of the City Clerk and
shall be available to the public.
(B) City to Maintain Signs. The City shall cause all
truck routes and those streets upon which truck traffic
is prohibited to be clearly sign -posted to give notice
that this ordinance is in effect.
(1) Failure to Post. No person shall be charged
with violating the provisions of this ordinance by
reason of operating a truck upon a street wherein
truck travel is prohibited unless appropriate signs
are posted on such street.
(C) Weigh -In. The City Police agency shall have the
authority to require any person driving or in control of
any commercial vehicle not proceeding over a truck route
or street over which truck traffic is permitted to pro-
ceed to any public or private scale available for the
purpose of weighing and determining whether this ordinance
has been complied with. [Ord. No. 11-79, § 1, 7 Aug 1979]
Sec. 682.05 Penalties. Any person violating any pro-
visions of this Chapter shall be punished in accordance
with the provisions of Section 801.01 of the Code of the
City of Cape Canaveral, Florida. [Ord. No. 11-79, § 1,
7 Aug 1979]
§ 683.01
OFF -ROADWAY REGULATIONS
CHAPTER 683
OFF -ROADWAY REGULATIONS
§ 683.04
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 § 316.02.6,
Florida Statues. [Ord No. 64-21, § 7, 4 Aug 1964; Ord. No,
18-73, § 2, 5 .Jun 1973]
1")
§ 685.01
PARKING REGULATIONS
CHAPTER 685
PARKING REGULATIONS
§ 685.04
Sec. 685.01 Parking Regulations. Section 316.160
Florida Statutes is hereby adopted as the Parking Reg-
ulation for the City of Cape Canaveral, Florida. [Ord.
No. 22-76, § 1, 18 Jan 1977]
Sec. 685.02 Placing of No Parking Signs. The Chief
of Police is hereby authorized to designate those places
where motor vehicles are prohibited from parking and to
place official signs accordingly. [Ord. No. 22-76, § 1,
18 Jan 1977]
Sec. 685.03 Truck Parking. It shall be unlawful for
any truck weighing 5,000 pounds or more to park anywhere
within the City of Cape Canaveral, Florida, for more than
4 consecutive hours, where so posted. [Ord. No. 22-76,
§ 1, 18 Jan 1977]
Sec. 685.04 Penalty. Anyone violating this Chapter
shall be punished by a fine of $5.00. [Ord. No. 22-76,
§ 1, 18 Jan 1977]
§ 701.01
ANIMALS CONTROLLED
CHAPTER 701
ANIMALS CONTROLLED
§ 701.01
Sec. 701.01 County Animal Control Ordinance Adopted.
Brevard County Ordinance No. 77-39, adopted by the Board
of County Commissioners on October 20, 1977 relating to
animal control in Brevard County, a copy of which is
filed with the City Clerk and made a part hereof, is
hereby adopted as the rules and regulations governing
animal control within the City of Cape Canaveral, Florida.
[Ord. No. 12-79, § 1, 7 Aug 1979]
CODIFIED COPY WILL FOLLOW.
§ 711.01
NOISE ABATEMENT
CHAPTER 711
NOISE ABATEMENT
§ 711.02
Sec. 711.01 Policy to Prohibit Noise Declared. It
is hereby declared to be the policy of the City of Cape
Canaveral, Florida, to prohibit unnecessary, excessive
and offensive noises from all sources subject to its
police powers. The need for noise regulation is a
matter of legislative determination and public policy and
this Ordinance is adopted in pursuance of and for the
purpose of securing and promoting the public health,
comfort, convenience, safety, welfare, peace and quiet of
the City of Cape Canaveral, Florida, and the people re-
siding therein. [Ord. No. 2-74, § 1, 5 Feb 1974]
Sec. 711.02 Excessive Noise Defined and Prohibited.
No person shall, within the limits of the City of Cape
Canaveral, create or cause to be created any unreasonably
loud, unnecessary or disturbing noise. A noise shall be
deemed to be unreasonably loud and a violation of this
Chapter under the following circumstances:
(A) Any sound radiated for continuous or recurrent
periods, from any premises that produces sound pressure
levels at any point on the property line of said premises
or adjacent dwelling unit, in excess of the following "A"
Scale Limits, slow meter response, measured in decibels:
DISTRICT
"A" SCALE LIMITS
DAY NIGHT
Residential 65 60
Business 75 70
Industrial. 80 75
(B) Any sound emanating from an automobile, truck,
motorcycle, motor bus or other vehicle weighing less than
10,000 lbs. GVW, in excess of the following "A" Scale
Limits, measured with fast meter response from a distance
of 50 feet from the centerline of the lane in which the
vehicle is traveling.
(1) On any street where the speed limit is below
40 mph, 72 decibels;
(2) On any street where the speed limit is 40 mph
or above, 82 decibels.
§ 711.02
NOISE ABATEMENT § 711.04
(C) Any sound emanating from the construction or
demolition of buildings or structures, or from the main-
tenance or construction of streets or highways, having
a sound pressure level higher than 90 decibels measured
from a distance of 50 feet from the place of the action,
or if the source of the sound is on private property,
measured from the nearest property line.
(D) Any noise of an impulsive or intermittent char-
acter, such as hammering, stamping or forging operations,
or gunfire, which produces sound pressure levels in ex-
cess of the following "A" Scale Limits, fast meter
response, measured in decibels at a distance of 50 feet,
or at the nearest property line, whichever is closer:
DISTRICT
"A" SCALE LIMITS
(Fast Meter Response)
DAY NIGHT
Residential 70 60
Business 80 70
Industrial 85 75
[Ord. No. 2-74, § 2, 5 Feb 1974]
Sec. 711.03 Method of Measurement Described. The
microphone used to measure the loudness of a noise shall
be placed at any point on the property line or a point 50
feet distant from the noise being measured, no closer than
5 feet from any wall not less than 4 feet above the ground
and at right angles to the noise source. Sound pressure
levels shall be measured with a sound level meter having
an "A" weighted measuring scale manufactured according to
the American National Standards Institute ANSI Standard
S 1.4-1971, which has been calibrated in accordance with
ANSI standards. [Ord. No. 2-74, § 3, 5 Feb 1974]
Sec. 711.04 Exceptions.
(A) Sounds created by emergency activities or vehicles,
sounds giving warning of emergencies, sounds customarily
signaling particular times of day and sounds created by
gasoline powered garden equipment shall be exempt from the
provisions of this Chapter.
(B) If the applicant can show to the City Manager or
his designee that a diligent investigation of available
rig
§ 711.04
NOISE ABATEI= § 711.05
noise abatement techniques indicates that immediate com-
pliance with the requirements of this Chapter would be
impractical or unreasonable, a permit to allow exception
from the provisions contained in all or a portion of this
Chapter may be issued with appropriate conditions to
minimize the public detriment caused by such exception.
Such permit must be obtained at least three days in ad-
vance from the City Manager or his designee, and must be
issued for as short a duration as possible, but not to
exceed 90 days. Said permit may be renewable upon a
showing of good cause. [Ord. No. 2-74, § 4, 5 Feb 1974]
Sec. 711.05 Penalty Provided. Any person violating
any of the provisions of this Chapter shall be punished
by a fine not exceeding two hundred dollars ($200.00) or
imprisonment not to exceed five (5) days. Each day such
violation is committed or permitted to continue shall
constitute a separate offense and shall be punishable as
such. [Ord. No. 2-74, § 5, 5 Feb 1974]
5 721.01
OCCUPATIONAL LICENSES
CHAPTER 721
OCCUPATIONAL LICENSES
§ 721.04
Sec. 721.01 Short Title. This chapter shall be known
and may be cited as the "City of Cape Canaveral Occupational
License Tax". [Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.02 Definitions. The definitions of the terms
and phrases as set forth in Section 205.22, Florida Statutes,
Laws of Florida, 1979, are hereby incorporated into this
Chapter by reference and such terms and phrases when used
in this chapter shall have the meaning designated to them
accordingly. [Ord. No. 16-81, 5 1, 15 Sep 1981]
Sec. 721.03 Tax Levied. The City of Cape Canaveral,
Florida, does hereby levy and impose an occupational license
tax for the privilege of engaging in or managing any business,
profession or occupation within its jurisdiction. Such
occupational license tax is levied on:
(A) Any person who maintains a permanent business lo-
cation or branch office within the City of Cape Canaveral
for the privilege of engaging in or managing any business
within its jurisdiction; and
(B) Any person who maintains a permanent business
location or branch office within the City of Cape Canaveral
for the privilege of engaging in or managing any profession
or occupation within its jurisdiction; and
(C) Any person who does not qualify under the provisions
of (A) and (B) above and who transacts within the City of
Cape Canaveral any business or engages in any occupation
or profession in interstate commerce where such license
tax is not prohibited by Section 8 of Article I of the
United States Constitution.
Such occupational license shall be issued to each person
upon payment of the occupational license tax provided in
this ordinance and upon full compliance with all require-
ments or conditions specified under the classification re-
quested. [Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.04 Form, Signing. The City Treasurer shall
prescribe the form of all licenses and applications there-
for, except as otherwise provided by ordinance, all
§ 721.04
OCCUPATIONAL LICENSES § 721.10
licenses shall be.signed by the City Treasurer and shall
be invalid for all purposes unless so signed. [Ord. No.
16-81, § 1, 15 Sep 1981]
Sec. 721.05 Separate Licenses. A separate license
shall be obtained for each place of business and for every
business conducted, operated, maintained or carried on by
every person engaged in any occupation, calling, trade or
enterprise, for which a license is required by the ordinance.
[Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.06 Transfer by Sale. All occuptaional licenses
may be transferred to a new owner when there is a bona fide
sale of the business, upon payment of a transfer fee of
three dollars ($3.00) and presentation of evidence of the
sale and the original license. [Ord. No. 16-81, § 1, 15
Sep 1981]
Sec. 721.07 Transfer, Location. Upon written request
and presentation of the original license, any license may
be transferred from one location to another location with-
in the City, upon payment of a transfer fee of three dollars
($3.00). [Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.08 Evidence of Doing Business. The advertise-
ment of any business, profession or occupation, by sign,
newspaper, magazine, or otherwise, shall be conclusive
evidence of the engaging in and carrying on in the City of
Cape Canaveral, Florida, of the business, profession or
occupation so advertised. [Ord. No. 16-81, § 1, 15 Sep
1981]
Sec. 721.09 Application. All applicants for licenses
requiring approval by the City Council shall submit ap-
plication to the City Treasurer not less than two weeks
prior to workshop meeting of the Council, at which time
the application is to be considered. Reasonable time
shall be allowed following filing of application for proper
investigation prior to issuance of license, but applicant
shall not be subjected to unnecessary hardship in obtaining
license. [Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.10
(A) License Year. All occupational licenses shall be
sold by the City Treasurer beginning September 1 of each
year and shall be due and payable on October 1 of each year
and shall expire on September 30 of the succeeding year.
§ 721.10
OCCUPATIONAL LICENSES § 721.11
Licenses issued to any new business, profession or occupa-
tion after March 1 of each year shall be one-half of the
license fee for one year, unless otherwise hereinafter
specifically provided.
(B) Delinquent Licenses. Those licenses not renewed
by October 1 shall be considered delinquent and subject
to a delinquency penalty of ten percent (10%) for the
month of October, plus an additional five percent (5%)
penalty for each month of delinquency thereafter, until
paid; provided that the total delinquent penalty shall
not exceed twenty-five percent (25%) of the occupational
license fee for the delinquent establishment.
(C) Penalties. Any person engaging in or managing
any business, occupation or profession without first ob-
taining a City of Cape Canaveral occupational license,
shall pay a penalty of twenty-five percent (25%) of the
license determined to be due, in addition to any other
penalty provided by law or ordinance. [Ord. No. 16-81,
5 1, 15 Sep 1981]
Sec. 721.11 Schedule of Rates. The amount of occupa-
tional license tax levied and imposed upon every person
who shall engage in or manage any business, profession,
privledge or occupation hereinafter mentioned, within the
City of Cape Canaveral, is hereby fixed, determined and
imposed at the following rates or amounts:
ABSTRACT COMPANIES
Employing not more than 3 persons
Employing more than 3 persons
ACCOUNTANTS (see Professional)
ADVERTISING
$ 62.50
93.75
(A) Agents or agencies writing advertise-
ments for profit unless otherwise specified 125.00
(B) Each person, firm, association, com-
pany or corporation maintaining billboards
or signboards upon which advertising is dis-
played, either by permanent sign painted there-
on or paper posted on or attached thereto, for
which a charge is made
(C) Advertising on streets, sidewalks,
alleys, public ways, and parks by the dis-
tribution of any printed matter or device, when
125.00
§ 7 21 .11 OCCUPATIONAL LICENSES § 721.11
not otherwise licensed to do business in the
City and maintianing a place of business
therein $ 125.00
(D) Outdoor advertising such as painted
walls, bulletins, bill posting, spectacular
electric displays, and such 43.75
(E) Contracting for advertising in, or
on buses or other public carriers 18.75
(F) Distributing of circulars of other
advertising matter (excepting licensed per-
sons advertising their own merchandise or
business)
(G) Advertising on streets with banner,
floats, cartoons, or other exhibitions, but
not using sound effects or music, and when
operated so as not to constitute a nuisance
or breach of the peace, for each unit or
vehicle (such advertising and exhibitions
must comply with the Building Code and be
approved by and issued a permit by the
Police Department)
(H) Advertisement or trade induce-
ment, promotion schemes, or systems
exploying the use of discount, trading
stamps or coupons excepting by merchants
or other persons limiting such device to
the promotion of their own business;
Each company
Each representative or solicitor
31.25
31.25
125.00
12.50
AGENCIES OR AGENTS AND SALESMEN
Distributor (meaning any salesman or agent
who warehouses a produce or product within the
City limits and does business by distributing
such stocks after sale by him), annual oc- 12.00
cupation tax $12.00 per agent or salesman, to
maximum $62.50 62.50
AIRCRAFT OR SEAPLANE, OPERATED FOR HIRE,
with office and service connection in City
AIRCRAFT SALES
AIRCRAFT SERVICE
ARMS (see Merchant)
ASTROLOGERS, SPIRITUALISTS, MEDIUMS
Each spiritualist medium not affiliated
31.25
62.50
31.25
j�I
§ 721.11
OCCUPATIONAL LICENSES
with a church, every fortune teller, clair-
voyant, phrenologist, character reader,
treatment healer or mental healer and every
person engaged in any occupation of similar
nature, per year
ASTRONOMERS
Exhibiting on streets or public places
with telescope for which fees are charged
§ 721.11
$ 250.00
12.50
AUCTIONEERS 62.50
AUCTION SALES
Of household goods of residents located
within the City of Cape Canaveral and of
stocks or goods, wares and merchandise of
established places of business carried on
within the City of Cape Canaveral for a
period of at least six months prior to the
beginning of such auction, per day
Of goods, wares, merchandise, including
jewelry, Oriental rugs and goods, imported
articles and other items, not constituting
a part of the regular stock of goods, wares
or merchandise of a place of business con-
ducted within the City of Cape Canaveral for
one year prior to such auction and brought
within the City for the purpose of such
auction sale
AUTOMOBILE OR MOTOR VEHICLES, TRUCKS,
FARM TRACTORS AND FARM IMPLEMENTS
(A) Dealers in new or used cars, motor
vehicles, trucks, farm implements with one
principal place of business not to exceed
one separate lot for display purposes in-
cluding service and repair shop, paint shop
and all related operations
(B) Each additional display lot, where
a car or cars may be displayed (this includes
the display of a single car at a service
station, supermarket or other singular
location)
(C) Automobile filling and/or service
stations, selling gasoline and oil at retail,
31.25
625.00
125.00
62.50
§ 721.11
OCCUPATIONAL LICENSES § 721.11
including stock of accessories not to exceed
$5,000, including the customary washing,
polishing and servicing of cars and trucks
(but not including a repair shop and/or
garage), each (See Garage)
Providing, however, that if the total
underground storage exceeds an amount
greater than 1,000 gallons per pump, there
shall be a tax for the excess storage of
each 1,000 gallons or fraction thereof
(D) Auto Storage: Used exclusively for
storage purposes:
$ 62.50
6.25
(1) 2,000 square feet area or less 25.00
(2) Each additional 1,000 square feet 6.25
(E) Auto Parking Lots
(1) 2,000 square feet or fraction
thereof 12.50
(2) Each additional 1,000 square feet
or fraction thereof 6.25
(F) Branch of factory distributing cars,
trucks, tractors, etc. 62.50
(G) Vehicles or aircraft for hire, drive
or fly yourself rental services (also see Taxi) 93.75
(H) Grease or wash rack, not in connection
with other business 18.75
(I) Used car parts, dealer in; used for
purpose other than junk 31.25
(J) Sale of accessories (same as retail
Merchant)
(K) Wrecker or tow service, not in con-
nection with franchised automobile dealership 31.25
AWNING AND TENT MAKERS 25.00
BAIT 18.75
BAKERY, retail 43.75
§ 721.11
OCCUPATIONAL LICENSES § 721.11
BANKS $ 375.00
BARBER SHOP
First chair
Each additional chair
BEACH CONCESSIONS as may be permitted by City
Council
BEAUTY PARLORS
One operator
Each additional operator
BICYCLE REPAIR SHOP
BILLARD AND POOL ROOMS FOR PUBLIC USE OR
PROFIT, each table
BLACKSMITH SHOP, not in connection with other
licensed business
BOATS FOR HIRE
BONDSMEN (See Professionals, Class II)
BOAT LINES, receiving and delivering freight
and/or express and/or passengers
BOOK AGENTS OR CANVASSERS, taking orders or
selling books or magazines
Resident
Nonresident (intrastate)
BOOT AND SHOE REPAIR SHOP
Each additional repairman
BOTTLING WORKS (nonintoxicating)
Each truck
BOWLING ALLEYS
Each alley
BROKERS - Stock and Bond
Mortgage, each
BUILDING & LOAN ASSOCIATIONS (not federal
agency)
BUS COMPANIES, each business
31.25
6.25
125.00
25.00
6.25
12.50
18.75
12.50
12.50
31.25
18.75
31.25
18.75
6.25
62.50
12.50
18.75
62.50
62.50
125.00
25.00
§ 721.11 OCCUPATIONAL LICENSES § 721.11
CABINET MAKERS AND UPHOLSTERERS $ 31.25
CARNIVALS, per week or fraction thereof, and
only upon approval of City Council 1,250.00
CAR WASH 31.25
CASH REGISTERS, BUSINESS MACHINES, etc.
(See Merchants)
CEMETARY 250.00
CIGARS AND TOBACCO
Wholesale dealers 31.25
CIRCUS (upon approval of City Council)
First week of exhibition
Each succeeding day
312.50
62.50
CIRCUS PARADES (upon approval of City Council)
When exhibition held in or outside City 62.50
CLAIM AND COLLECTING AGENCIES
(Each applicant for a license to operate a
claim or collection agency shall file with the
City Clerk a surety bond in the sum of one
thousand dollars)
CLAIRVOYANT (see Spiritualists)
CLEANING AND BLOCKING OF HATS - not in
connection with other licensed business
CLUBS, LODGES AND FRATERNAL ORGANIZATIONS,
profit making
COLD STORAGE WAREHOUSE, for rental storage
CONCRETE PLANT OR BLOCK PLANT, located within
the City
CONTRACTORS, ENGINEERING shall pay the fol-
lowing occupational fees based upon the
floor area occupied or used in their
respective businesses
1,000 sq. ft. or less
1,001 sq. ft. through 5,000 sq ft.
5,001 sq. ft. through 10,000 sq ft.
10,001 sq. ft. through 20,000 sq. ft.
20,001 sq. ft. or over
62.50
12.50
62.50
62.50
187.50
31.35
62.50
125.00
250.00
375.00
§ 721.11
OCCUPATIONAL LICENSES § 721.11
CONTRACTORS, GENERAL
Class I and II.
Class III
$ 125.00
62.50
CONTRACTORS, ELECTRICAL 93.75
Master 12.50
Journeyman 12.50
CONTRACTORS, PLUMBING 93.75
Master 12.50
Journeyman 12.50
CONTRACTORS, House moving and house wrecking 62.50
CONTRACTORS, Street Paving 125.00
SUBCONTRACTORS, Including but not limited to:
Carpentry, painting, roofing, sheetmetal, con-
crete construction, masonry and plastering,
lathing, clearing, grading, etc. with
heavy machinery, dredging, bulkheading
62.50
All plumbing, electrical, building, roofing and septic
tank contractors, and any other contractors shall at the
time of taking out a license as required by this ordinance
furnish a surety bond in the amount of $1,000 payable to
the City of Cape Canaveral.
No license shall be issued to any contractor, general or
otherwise, unless the applicant therefore shall first
present to the City a certificate showing said applicant
to be insured for general tort liability in the amount of
not less than $10,000 to any person, $20,000 for any one
accident and $5,000 property damage. Any cancellations
of insurance shall automatically act as a revocation of
said occupational license. No license shall be issued to
any contractor, general or otherwise, unless the applicant
therefore shall first present a current Certificate of
Competency issued by Brevard County or the State of
Florida, showing said applicant to be a qualified con-
tractor in good standing regarding the class in which he
is applying for license.
License reassignment: No occupation license as general
contractor, master electrician, journeyman electrican,
master plumber or journeyman plumber may be assigned or
transferred from one person to another.
Contractors Defined: Any person, firm or corporation
accepting or offering to accept orders or contracts for
§ 721.11
OCCUPATIONAL LICENSES § 721.11
doing work on or in any building or structure requiring
the use of paint, stone, brick, mortar, cement, wood wall-
paper, structural iron or steel, sheet iron, galvanized
iron, metallic piping, tin, lead or other metal or any
other building material; or accepting or offering to accept
orders or contracts to do any paving or curbing on side-
walks or streets, public or private property, requiring
the use of asphalt, brick, stone, cement, wood or any com-
position; or accepting or offering to accept orders of
contracts to excavate earth, rock or material for foun-
dations or any other purpose; or accepting or offering
to accept order or contracts to construct any sewer of
stone, brick, concrete, terra cotta or other material;
or accepting or offering to accept orders of contracts for
building, remodeling, repairing, wrecking, razing or
demolishing any structure; or for moving any building; or
for the installation, maintenance or repair of neon signs
or air conditioning apparatus or equipment; shall be
deemed a contractor, whether such work is done or offered
to be done by day labor, general contract or subcontract.
Any person, firm or corporation engaging in the business
or accepting or offering to accept orders or contracts for
doing any work on or in any building or premises involving
erecting, installing, altering, repairing, servicing or
maintaining electric wiring, devices or appliances per-
manently connected to such wiring; or the correcting,
repairing or maintaining of lines, shall be deemed to be
an electrical contractor.
Any person, firm or corporation engaged in the business
of plumber or steam fitter shall be deemed to be a con-
tractor.
Every person engaged in the business of erecting a building
or buildings for the purpose of selling or renting the
same, and making no contract with a duly licensed contractor
for the erection of said building or buildings, whether or
not such person contracts with one or more duly licensed
contractors for one or more portions, but does not contract
with any one person for all of the work of erecting any one
of said buildings, shall be deemed to be a contractor if he
shall build more than one single family residence in any
one year.
COIN -OPERATED DEVICES, distributor
Any person, firm or corporation who
leases or rents, or places under any kind
of arrangement, whatever, any coin -operated
$ 187.50
§ 721.11 OCCUPZAIONAL LICENSES
skill machines, jukeboxes, electric pianos,
and other coin -operated machines shall pay
a license fee for each machine
On each coin -operated or merchandise
vending machine, except those listed as
exceptions, there is here fixed a license of
On all machines or devices operated by the
insertion of a penny, the license tax shall be
Provided, no such machines or devices shall be
placed upon the sidewalks or on other City
property. The City may require, at the option
of the City Council, that each coin -operated
device be affixed with a decal or sticker
indicating the City license number and date of
issuance.
§ 721.11
$ 12.50
12.50
6.25
Exceptions: No license shall be required on
coin -operated machines, such as automatic washers
and dryers, detergent dispensers, automatic food
and beverage dispensing machines, newspaper dis-
pensing machines, parcel checking lockers and
toilet locks, used in railroad, bus, airport
stations or depots, and in hotels, boarding
houses, restaurants and restrooms for the
convenience of, and in rendering services to,
the public.
CREDIT ASSOCIATION 62.50
Firms or corporations or agents thereof,
supplying information or for collecting for
members and/or others.
Each applicant for a license shall file with
the City Clerk a surety bond in the sum of
one thousand dollars ($1,000.00), if required
by other City ordinance.
DANCE HALLS, for profit
To allow the public to dance in any place
of business either to the music of an orches-
tra or other mechanical device.
250.00
DELICATESSEN 31.25.
DELIVERY TRUCKS
Each truck, not owned and operated by a
business for which another annual license tax
has been paid
31.25
§ 7 21. 11 OCCUPATIONAL LICENSES § 721.11 3
DETECTIVES
Private detectives and detective agencies $ 62.50
(Subject to State Statutes & regulations)
DENTAL LABORATORY 31.25
DEVELOPERS
Land or subdividers 62.50
DIAPER SERVICE (see Dry Cleaners)
DIRECTORY, CITY (to engage in the business
of compiling a City directory) 62.50
Each applicant for a license shall file
with the City Clerk a surety bond in the
amount of $1,000.00.
The City Council may authorize a refund
of the occupational license if such firm
furnishes the City, at no cost, sufficient
number of copies for the City.
DIVINE HEALERS (see Astrologers, Spiritualists,
Mediums)
DOG AND PONY OR OTHER ANIMAL SHOWS (Upon
approval of City Council)
First day
Each additional day
DRY CLEANERS
With plants in City
With plants out of City & truck pick-up
Each pick-up station
DRESSMAKING SHOPS, except home dressmakers,
where materials are not sold or furnished
ELECTRIC LIGHT AND POWER COMPANIES
EMPLOYMENT AGENCY, for a fee
The term Employment Agency as used in this
ordinance shall be held to mean and include
the business of keeping an intelligence office,
employment bureau or other agencies for procuring
work and employment and the term Employment Agency
31.25
6.25
31.25
62.50
12.50
18.75
312.50
62.50
9 § 721.11 OCCUPATIONAL LICENSES § 721.11
herein used shall be held and construed to
mean the licensed owner, proprietor or manager
of such employment agency or office and all
persons acting in his behalf.
Each applicant for an employment agency
license shall file with the City Clerk a
surety bond in the amount of $1,000.00.
ENGRAVERS OR LITHOGRAPHERS $ 25.00
ESCORT SERVICES OR PERSONAL SERVICES 31.25
EXHIBITORS
Freaks or other curiosities, per day 31.25.
(Must have permission of City Council)
EXPRESS COMPANIES (on intrastate business only) 31„25
Railway - State law maximum
Truck - State law maximum
Airway - State law maximum
(See Section 167.4302, Fla. Statutes)
EXTERMINATING COMPANIES AND AGENTS
With one truck
Each additional truck
(Must have a State license)
FACTORIES, wholesale
Manufacture of apparel and accessories,
chemical and allied products, iron and steel
and their products, nonferrous metals and
their products, stone, clay, glass and
plastic products and other manufacturing
FACTORIES
Manufacture of shell novelties and other
products of similar nature, not in con-
nection with other licensed business
FENCE COMPANIES AND AGENTS
FERRIS WHEEL OR SIMILAR AMUSEMENT DEVICES
(Upon approval of City Council)
Each, per week
FIRE AND WRECK SALES, each
FIREWORKS, wholesale & retail, prohibited
31.25
12.50
125.00
31.25
31.25
43.25
62.50
§ 721.11 OCCUPATIONAL LICENSES
FLORISTS
When operating.in connection with any other
business for which annual license tax has been
paid
FOOD PROCESSING
When food is prepared on premises but con-
sumed off premises
FORTUNE TELLERS, PALMISTS, ETC. (see
Astrologers, Spiritualists, Mediums)
FURNITURE - Dealers (see Merchants)
Nonresident
FURNITURE REPAIR SHOP
FUNERAL HOMES (does not include undertaking
and embalming)
FRUITS AND VEGETABLES
Retail stand
Delivering or selling from truck (does
not apply to persons selling their own
produce, if grown in Florida)
FURNITURE, HOUSEHOLD GOODS OR MUSICAL
INSTRUMENTS
Retail canvasser or soliciting orders for
or selling for non-resident dealers
GARAGE
Vehicle repairs - operated separately
In connection with other business for
which annual license tax has been paid
GAS
Liquid petroleum gas delivered in containers
or by tank truck, wholesale or retail, either
local or located outside City
GAS
Natural
GASOLINE, KEROSENE AND OIL
Wholesale, with storage facilities in City
Retail distributors, retailing from tank
wagon,either local or located outside City
§ 721.11
$ 31.25
31.25
125.00
18.75
93.75
31.25
125.00
125.00
62.50
25.00
31.25
312.50
125.00
31.25
.1
§ 721.11
OCCUPATIONAL LICENSES § 721.11
GLASS
Plate, installation of $ 62.50
GOLF COURSES AND DRIVING RANGES
Operated for profit
Miniature and Tom Thumb
GRAVEL AND/OR SAND DEALERS (see Hauling
Contractors)
GUNSMITH, repairing guns & sporting goods
62.50
31.25
31.25
HALL, Public hall for hire, per year 25.00
HAULING CONTRACTORS
Within or without the City, per vehicle
Per vehicle with tandem -type axles
HOSPITAL, SANITARIUM OR NURSING HOME
Operated for profit, ten rooms or less
Each additional room
(All applicants for such license must be
approved by the State Health Officer and
show current license from the State of
Florida)
HOTELS, MOTELS, ROOMING HOUSE & APARTMENTS
Each unit, per year
HYPNOTISTS
Professional (excluding licensed physician)
(Issuance subject to State Statutes and
regulations)
ICE CREAM AND COLD DRINK STANDS
When operated separately
Ice Cream cars, wagons & vehicles, each
ICE CREAM MANUFACTURERS, wholesale or retail
ICE CREAM MANUFACTURES (not including cold
storage)
ICE DEALER OR DELIVERY, Each truck
ICE HOUSES, Coin Operated
INDUSTRIES (see Factories)
18.75
31.25
62.50
6.25
1.25
125.00
18.75
12.50
62.50
125.00
12.50
6.25
§ 721.11
OCCUPATIONAL LICENSES § 7 21. 11
INSURANCE
Accident, boiler or marine, bonding, casualty,
fire, health, indemnity, guaranty and surety
and life insurance, and general or other froms
of insurance; for each company insuring or
soliciting insurance of persons or property in
the City of Cape Canaveral, whether by agent or
otherwise $ 31.25
INSURANCE AGENCY
JANITORIAL SERVICES (see Cleaning)
JEWELRY STORES (see Merchants)
JEWELRY REPAIRING
Watch and clock, when operated separately
(Must have State license)
JUNK DEALERS, Dealers in used or discarded
material (Subject to approval by City
Council)
KENNELS, Dogs and other animals
(Issuance subject to County and local
animal control ordinances)
LABORATORIES (see Factories)
LANDSCAPING
(Except contractors, architects, engineers
or florists paying a City license as such)
LAUNDRIES (see Dry Cleaners) same
LAUNDRIES, Self-service
LUMBER DEALERS AND BUILDING SUPPLY DEALERS
LUNCH STANDS OR COUNTERS
Seating capacity ten or less
Over ten, each additional seat
(see Restaurant)
MACHINE SHOP
MANICURISTS, each
31.25
31.25
312.50
62.50
31.25
31.25
125.00
12.50
.65
62.50
12.50
§ 7 21. 11 OCCUPATIONAL LICENSES
MERCHANTS, retail (including mail order
business). Merchants, storekeepers, drug-
gists, etc., except as herein specifically
enumerated:
Actual inventory not exceeding $500
From $500 to $1,000 inventory
From $1,000 to $10,000 inventory
From $10,000 to $30,000 inventory
From $30,000 to $75,000 inventory
From $75,000 to $100,000 inventory
From $100,000 to $150,000 inventory
From $150,000 to $200,000 inventory
Over $200,000, each additional $100,000
inventory
MERCHANTS, wholesale
MERCHANTS, nonresident
MIDWIVES
fication
Board of
(No license issued unless certi-
issued within past year from State
Health is submitted)
MILK DISTRIBUTORS, Per truck
MONEY LENDERS
Or brokers and persons, firms or corpora-
tions, other than banks or bankers, or pawn
brokers, lending or advancing money on personal
property; persons, firms and corporations lend-
ing or advancing money on motor vehicles or
purchasing notes or papers secured by motor
vehicles; and all persons, firms or corporations
except banks or bankers, whose business includes
or consists of the taking, buying or selling,
assignment of, or contracts for the purchase,
sale, transfer or assignment of wages or
salaries, earned or to be earned in the future
by any person employed by any other person,
firm or corporation, per year or fraction
thereof
MONUMENTS OR TOMB STONES
Dealers in and/or agent for, each
MORTGAGE BROKER, each
MORTGAGE COMPANIES
§ 721.11
$ 12.50
31.25
43.75
62.50
93.75
125.00
187.50
250.00
31.25
93.75
125.00
6.25
18.75
250.00
125.00
62.50
125.00
§ 721.11
OCCUPATIONAL LICENSES § 721.11
NEWSPAPERS
Daily (publishers)
Weekly (publishers)
Distribution or delivery of daily news-
papers, each agent or distributor, other
than newsboys delivering door-to-door
$ 31.25
12.50
6.25
NEWSSTANDS, Operated by an attendant 18.75
NEWS BUREAU
Representing newspapers published outside
of City of Cape Canaveral and accepting
advertising
NIGHT CLUBS (see Restaurants)
62.50
NURSERY, Trees, plants, shrubbery, etc. 31.25
PACKING HOUSE
Doing private order business 18.75
Doing a general business 62.50
PAWN BROKER 250.00
PAINTS, retail (see Merchant)
PAINT AND BODY SHOP 93.75
PEDDLERS 31.25
Peddlers and hawkers defined: Every person
who shall sell or offer for sale at wholesale,
retail or as a commission, merchant or barter
or exchange any goods, wares, merchandise or
fruit or vegetables traveling from place to
place along or upon the streets or alleys of
the City or at the doors of houses, apartments,
or stores, or who shall offer for sale or sell
and deliver immediately from wagon, push -cart,
other vehicle or stand, shallfor the purpose
of this ordinance be deemed a peddler or hawker.
(Upon approval of the City Council)
PHOTOGRAPHERS
All intrastate transient photographers
soliciting business in the City of Cape
Canaveral shall, before soliciting any
photography business from people, file with
the City Clerk a surety bond in the amount of
$1,000.00
31.25
§ 721.11
OCCUPATIONAL LICENSES § 721.11.
For the purpose of this subsection, an
itinerant or transient intrastate photographer
is defined asone who does not regularly main-
tain his studio or place of business in the
City of Cape Canaveral where the work of photo-
graphing, enlarging, copying or coloring is
conducted. Each agent or canvasser or
solicitor, representing an intinerant intras-
state photographer shall pay the license fee
for solicitors, under this ordinance.
PROFESSIONALS $ 62.50
Accountants
Architects
Attorneys
Bondsmen
Chiropodists
Chiropractors
Dentists
Engineers, civil,
electronic, design,
mechanical or such
others
Electrotherapists
Electrogolists
Embalmers
Homeopathic physicans
Insurance adjusters
and such other
Interior decorators
Naturopaths
Oculists
Opticians
Optometrists
Osteopaths
Physicans
Professional Book-
keepers
Psychiatrists
Public Relations
Surveyors
Taxidermists
Veterinarians
Undertakers
And all other professionals not otherwise
classified.
PRINTING (job printing)
PROPRIETARY MEDICINE
Or medical ointment, manufacturer of, not
to include stores paying tax as licensed drug
store
PIANO TUNERS
POPCORN OR PEANUT STANDS
PUBLIC SCALES
RADIO AND TELEVISION REPAIRS
Except in connection with a licensed radio
and/or television appliance business
31.25
31.25
12.50
6.25
12.50
31.25
§ 721.11
OCCUPATIONAL LICENSES § 721.11
RADIO AND TELEVISION, SALES (see Merchants)
RAILROAD COMPANIES
On intrastate business only, maximum allowed
by State.
REAL ESTATE
Real Estate broker, each $ 62.50
Real Estate salesman, each 25.00
Real Estate appraiser 43.75
RECREATIONAL FACILITIES (for profit)
Baseball pitching, archery range, badminton
court, trampoline and other recreation facil-
ities, per year, each unit (Upon approval
of City Council)
12.50
REDUCING SALON 25.00
RESEARCH AND DEVELOPMENT shall pay the following
occupational fees based upon the floor area oc-
cupied or used in their respective businesses:
1,000 sq. ft. or less 31.25
1,001 sq. ft. through 5,000 sq. ft. 62.50
5,001 sq. ft. through 10,000 sq. ft. 125.00
10,001 sq. ft. through 20,000 sq. ft. 250.00
20,001 sq. ft. or over 375.00
RESTAURANTS (Must have approval of State Hotel
Commission). Hotel dining rooms, eating
houses, stands, boarding houses, counters.
Seating not more than ten (10) chairs
for accommodation of guests
Each seat in excess of ten (10), provided
no license tax shall be required in excess of
$ 100.00.
Private boarding houses of less than five
(5) seats - exempt
12.50
.65
RESTAURANTS, DRIVE-IN 31.25
RINKS, Bicycle or Skating
(Must comply with Building and Zoning
Codes)
62.50
RUG AND CARPET CLEANERS 31.25
3`I
§ 721.11
OCCUPATIONAL LICENSES
SEPTIC TANK CLEANERS, only
SANDING AND FINISHING OF FLOORS
SECOND-HAND DEALER OR THRIFT SHOP
Buying or selling second-hand personal
property, goods or wares, whether on con-
signment fee basis, percentage basis or
goods and wares of the dealer, providing
all goods and wares shall be kept within
the confines of the building itself.
SHOE REPAIR (See Boot)
§ 721.11
$ 62.50
31.25
125.00
SHOE -SHINE PARLOR, or bootblack, not in
connection with barber shop 12.50
SEWING MACHINES, Dealers in or agents for 31.25
Nonresident - same as peddlers
SHOOTING GALLERIES (Upon approval of City
Council) 125.00
SCHOOLS
Such as dancing, business or commercial
beauty or barber, music,physical education,
riding, driving, telegraph, air pilot, kinder-
garten, children's nurseries, private
schools, etc., when operated for profit
SIGN PAINTERS (See Subcontractors for bond
requirement)
STORAGE/WAREHOUSE, public
SHOWS
For traveling shows of all kinds, except
when performance in local theater, including
moving picture shows and/or vaudeville,
whether under tent or otherwise (upon
approval of City Council)
First day's exhibition
Each additional day
SMALL LOAN COMPANIES OR DEPARTMENTS
SODA FOUNTAIN, Not in connection with lunch
stand or counter' or restaurant
31.25
43.75
62.50
31.25
12.50
312.50
12.50
7 21. 11 OCCUPATIONAL LICItSES j § 721.11
SOLICITORS AND CANVASSERS, Not otherwise
specified
Per day $ 6.25
Per year (not interstate) 31.25
(All solicitors and canvassers must register
with the City Clerk and pay all fees required.)
STENOGRAPHER, PUBLIC 12.50
TAILORS
Resident 12.50
Agent for, provided that not connected with
licensed merchant 25.00
TELEGRAPH AGENCIES AND COMPANIES 93.75
TELEPHONE SYSTEMS AND COMPANIES 312.50
THEATERS, INCLUDING DRIVE-IN 125.00
TIRE AND RECAPPING SERVICE
Local 31.25
Nonresident 62.50
TOWEL AND LINEN SUPPLY
Local 18.75
Nonresident 37.50
TOURIST CAMPS OR COURTS
Each guest room 1.25
TRADING STAMPS
To engage in the business of selling or
furnishing to merchants or others, checks,
tickets or stamps, commonly known as trading
stamps, on the terms or agreement to redeem
them by exchange or goods, wares or merchan-
dise for them or otherwise, per year
TRAILER PARKS, Per trailer space
TRAILER, Rental, such as U-Haul type
TRAVEL BUREAU
TREE SURGERY
TYPEWRITERS AND OFFICE MACHINES
(See Merchants)
125.00
1.25
18.75
43.75
31.25
§ 721.11
OCCUPATIONAL LIC'F SES § 721.11
TRUCK LINES
Receiving and/or delivering freight or
express
TRUCKS
Soliciting business for and/or selling
merchandise, not otherwise enumerated herein,
from trucks, per truck
U-DRIVE IT CAR SERVICE
UPHOLSTERERS OR FURNITURE MENDERS
UNDERTAKERS AND/OR EMBALMERS
(See Professionals)
VACUUM CLEANERS
Dealers in or agents for
Itinerant - same as Peddlers
WATCH REPAIR (see Jewelry)
WATER BOTTLED
Each truck
WEIGHING MACHINES (see Coin -operated devices)
WELL DRILLERS
WINDOW CLEANERS
WOOD YARD
WRESTLING OR BOXING
To promote or hold wrestling or boxing
matches
Per year
Per match
SELLING NOT SPECIFICALLY COVERED
Persons selling magazines, Bibles, encyclo-
pedias, cosmetics, kitchenwares, etc, and other
door-to-door salesmen, shall pay tax of $31.25
except that those representing charitable
organizations which are recognized as such by
the City shall not pay a license tax, but shall
register with the City Clerk.
[Ord. No. 16-81, § 1, 15 Sep 1981]
$ 62.50
31.25
125.00
31.25
31.25
31.25
12.50
43.75
12.50
12.50
125.00
31.25
§ 721.12
OCCUPATIONAL LICENSES § .7 21.15
Sec. 721.12 Exemptions.
(A) Any person entitled to exemption under the laws
of the State of Florida shall be exempt from the payment
of a license tax to the City of Cape Canaveral; however,
in no case shall a person be exempt from a payment of
the occupational license tax which is in excess of fifty
dollars ($50.00). The laws of the State of Florida shall
govern such exemptions. Applicant for exemption shall
make affidavit that total exemption, for all municipal
licenses, does not exceed fifty dollars ($50.00).
(B) Nothing in this ordinance shall be construed as
interfering with regulating or taxing any person in bus-
iness against whom the right of taxation has already been
pre-empted by the State of Florida; nor as giving to any
person the right to obstruct the streets, sidewalks or
other public places in the City.
(C) Nothing in this ordinance shall be construed to
require any farmer to procure a license to sell vegetables
or fruits within the City, if such vegetables or fruits
are the produce of his own farm located within the State
of Florida.
(D) The City Council may waive all or any part of the
occupational license required hereunder, if such license
requirement pertains to a charitable or civic organization,
sponsored event or program, but only upon written appli-
cation two (2) weeks prior to any regular meeting of the
City Council. [Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.13 Monthly Report. The City Treasurer
shall report to the Florida Department of Revenue monthly,
on such forms as prescribed and provided by the Department,
the amount of tax received by class. [Ord. No. 16-81,
§ 1, 15 Sep 1981]
Sec. 721.14 County Tax Collector May Collect Tax.
If the governing body of Brevard County, Florida, has
levied an occupational tax or subsequently levies such
a tax, the Tax Collector of Brevard County, Florida, may
issue the Cape Canaveral licenses and collect the tax
thereon for the City of Cape Canaveral, Florida, if the
City so desires and shall indicate such desire by Res-
olution. [Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.15 Business not Specifically Designated.
Every business, occupation, profession or exhibition,
§ 721.15
OCCUPATIONAL LICENSES § 721.16
substantial, fixed or temporarily engaged in by any
person, firm or corporation, whether in a building or
tent, or upon the street, vacant lot or anywhere within
the City and not herein specifically designated, shall
pay a license fee of $31.25. [Ord. No. 16-81, § 1, 15
Sep 1981]
Sec. 721.16 Non -Renewal of License.
(A) In the event that the City Treasurer determines
that an Occupational License should not be renewed and
that determination is based upon demonstrated violations
of the City Ordinances and the concerned business has
received thirty (30)'days written notice by Certified
Mail indicating the violation and the intention to with-
hold renewal of the Occupational License, then the City
Treasurer may withhold renewing the license.
(B) If the Occupational License is not renewed, the
concerned business may request an administrative review
of the non -renewal within fifteen (15) days of the re-
newal date. The City Manager shall then establish a
date for an Administrative Hearing before the City
Manager, acting as the Administrative Officer. The
hearing shall be held within fifteen (15) days of the
request and with all attempts made to set the hearing
date on a date as convenient to the Appellant as possible.
At the Administrative Hearing, the Hearing shall present
a list of violations to the Appellant. This list of
violations shall be the same as those previously listed
in the notice to the Appellant. The Appellant may be repre-
sented by counsel of his choosing. The Appellant may
cross -examine -any witness relied on by the City and may
bring forward any witness to dispute the City's statement.
Rules of evidence will not be strictly enforced, but Rules
of Order will be followed. All proceedings shall be open
and recorded.
The Administrative Hearing Officer shall render his
decision within five (5) days. The decisions shall be
in writing stating the reasons for his decisions. If
the Appellant does not agree with the Administrative
Hearing Officer, he shall have fifteen (15) days in which
to appeal his decision to the Board of Appeals.
The Board of Appeals shall establish a hearing date within
twenty (20) days of the notice. At that time, the Board
7 21. 16 OCCUPATIONAL LICFNSES
§ 721.21
shall review the Administrative Hearing Officer's decision
under the same rules governing the Administrative Hearing.
The Board of Appeals decision shall be final. The Board.
of Adjustment shall act as the Board of Appeals under this
Ordinance.
During the Appeals procedure, the appellant can operate
his business under the old license, pending final deter-
mination. [Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.17 Enforcement. The City Manager of the City
of Cape Canaveral be and is hereby empowered to employ such
clerical and other help as shall be necessary to fully en-
force the provisions of this chapter and to direct the
Police Department to assist in the enforcement thereof.
[Ord. No. 16-81, § 1, 15 Sep 1981]
Sec. 721.18 Record of Licenses Issued. The City
Treasurer shall keep a complete and perfect record of all
licenses issued, showing the nature of the license, its
date, expiration andto whom issued. [Ord. No. 16-81,
§ 1, 15 Sep 1981]
Sec. 721.19 Display of Licenses. All licenses granted
by the City shall be carefully preserved and displayed in
a conspicuous place in the places of business authorized
to be conducted by said licenses, except that persons not
having a permanent place of business in the City shall
carry such license or copy thereof on their person while
doing business within the City. [Ord. No. 16-81, § 1,
15 Sep 1981]
Sec. 721.20 Penalty.
(A) Each day of sale or disposal of merchandise or
engaging in business or occupation without complying with
this chapter shall constitute a separate and distinct
violation of such ordinance.
(B) Any person violating any of the provisions of this
chapter shall be punished as provided in § 801.02. [Ord.
No. 16-81, § 1, 15 Sep 1981]
Sec. 721.21 Effective Date. This Ordinance will take
effect October 1, 1981. [Ord. No. 16-81, § 3, 15 Sep 1981]
go,
§ 723.01
SPECIAL OCCUPATIONAL PERMITS
CHAPTER 723
SPECIAL OCCUPATIONAL PERMITS
§ 723.02
Sec. 723.01 Registration of Persons Engaged in Cer-
tain Occupations.
(A) Any person who is now engaged in or may here-
after desire to engage in the following occupations shall
register with the Police Department, pay a registration
fee in the amount of Two Dollars ($2.00) to such depart-
ment, and be fingerprinted and photgraphed by the Police
Department under the procedure hereafter set forth.
(1) Any and every person engaged as a driver of
a taxicab or for -hire car in the City.
(2) Each person employed in any filling station
or automotive repair shops, bar, saloon, nightclub,
motel, hotel, restaurant, pool and billiard parlor
or bowling alley, barbecue stand, soda fountain or
eating place where food is served, or employed as a
janitor.
(3) Every solicitor, peddler, hawker, itinerant
merchant or vendor of merchandise who goes from house
to house or apartments in the residential districts,
or upon the street in the residential area of the City
for the purpose of soliciting orders for the sale of
goods, wares and merchandise; (No registration is
required of persons making bonafide deliveries of
goods ordered by customers from established places of
business paying an occupational license in connection
with such business.)
(4) Each astrologer, fortune-teller, palmist,
hypnotist, mindreader, medium, character reader,
clairvoyant. [Ord. No. 21-66, § 1, 20 Sep 1966;
Ord. No. 21-74, § 1, 16 Jul 1974]
Sec. 723.02 Procedure for Registration, Fingerprinting
and Photgraphing.
(A) Every person required to register under the pro-
visions of Section 1 shall report to the Police Department
and after payment of a registration fee in the amount of
Two Dollars ($2.00) shall complete, verify and sign under
oath a form provided by the Police Department, which form
shall contain spaces in which the following information
concerning the registrant shall be written.
Lt f
§ 723.02
SPECIAL OCCUPATIONAL PERMITS § 723.02
(1) His or her true name and all aliases which he
or she has used or under which he or she may have been
known.
(2) A full and complete description of his or her
person.
(3) The kind, character and nature of every felony
or crime involving sex deviation of which he or she
has been convicted.
(4) If applicable, the place where such crime was
or crimes were committed and the place of conviction
of the same.
(5) If applicable, the name under which he or she
was convicted in each instance and the date thereof.
(6) If applicable, the name, if any, and the
location of each prison, reformatory, jail or other
penal institution in which he or she was confined or
to which he or she was sentenced.
(7) The location and address of his or her resi-
dence, stopping place, living quarters or place of
abode in the City; if he or she has more than one
residence, stopping place or places of abode, that
fact must be stated and the location and address of
each given.
(8) A statement of the kind of residence, stopping
place or place of abode in which he or she resides,
whether the same is temporary or permanent, i.e.,
whether the same is a private residence, hotel, apart-
ment house or other building or structure.
(9) The length of time he or she has occupied
each such place or residence, stopping place or place
of abode, and the length of tithe he or she expects or
intends to remain in the City.
(10) Last place of employment, and a list of all
places where such person has lived or worked or resided
within the past five years.
(B) At the time of such registration, each registrant
shall permit the Police Department to fingerprint and
photograph the registrant.
§ 723.02
SPECIAL OCCUPATIONAL PERMITS § 723.03
(C) It shall be the responsibility of the owner or
manager or employer of any business in which registration
of employees is required under the Ordinance to make
certain that such employee registration as herein provided
is no later than five (5) days of commencement of such
employment. Failure of such owner, manager or employer
to have an employee register shall constitute a violation
of this Ordinance.
(1) When to Register. All persons described in
§ 723.01, who may desire to become employed in such
an occupation, shall register before accepting or be-
ginning such employment. [Ord. No. 21-66, § 2, 20
Sep 1966; Ord. No. 21-74, § 1, 16 Jul 1974]
Sec. 723.03 Identification Cards. Every person re-
quired to register under the prow isi ons of § 723.01 shall
be issued an identification card by the Police Department
after such person has duly registered. The identification
card shall be stamped with "TEMPORARY" and such temporary
registration card shall entitle the registrant to continue
or to accept employment for a period not to exceed thirty
(30) days from date of. issuance thereof, if any of the
occupations described in § 723.01. After registration of
each such registrant, the Police Department shall forward
a copy of the registrant's fingerprints to the Federal
Bureau of Investigation and shall obtain a report thereon.
In not less than ten (10) days, nor more than thirty (30)
days after the date of registration, each such registrant
shall return to the Police Department and request the
Police Department to stamp the word "PERMANENT" on the
registration identification card. -The word "PERMANENT"
shall be stamped on the registration card unless the report
from the Federal Bureau of Investigation shows that the
registrant has a criminal record and the said registrant
has withheld such criminal record information from the
City. In the event that a registrant has continued em-
ployment or has accepted employment on a temporary basis
pending the issuance of a permanent identification card,
and such permanent identification card is denied by the
Chief of Police under the provision of this Chapter, the
registrant shall terminate such employment immediately
upon denial of a permanent identification card by the Chief
of Police. All permanent identification cards shall expire
two (2) years after the date of issuance, and thereafter
any person desiring to continue to engage in any kind of
employment requiring an identification card under the
provisions of § 723.01 shall apply for a new card as pro-
vided herein. In the event that any registrant, while
§ 723.03
SPECIAL OCCUPATIONAL PERMITS § 723.07
holding a valid identification card under the provisions
of this Chapter shall be convicted of a crime constituting
a felony, or a crime involving moral turpitude, lewd acts,
sexual perversion or deviation, such registrant's identi-
fication card may be revoked by the Chief of Police. [Ord.
No. 21-66, § 3, 20 Sep 1966]
Sec. 723.04 Employment Without. It shall be unlawful
for any person, firm or company hereafter to employ any
other person in any occupation described in 723.01 or
to permit any person to continue employment in any occupa-
tion described therein, unless such person holds a valid
identification card, as required by this Chapter. In
the event that any person, firm or company employs a
registrant holding a temporary identifiaction card, it
shall be unlawful for such person, firm or company to
continue the employment of such registrant beyond the
expiration date of the temporary identification card,
unless such registrant shall have obtained a permanent
identification card within the said thirty (30) day
period. It shall be unlawful for any person not holding
a valid identification card, as provided in this Chapter
to continue employment or to accept employment in any
occupation described in § 723.01. [Orel. No. 21-66, § 4,
20 Sep 1966]
Sec. 723.05 False Information. It shall be unlawful
for any person required to register under this Chapter to
furnish any false, untrue or misleading information or
statement in connection with such registration. [Ord.
No. 21-66, § 5, 20 Sep 1966]
Sec. 723.06 Notification of Change of Address. Any
person who is required to register under the terms of
this Chapter shall inform the Police Department in
writing of any change i.n the registrant's residence or
business address, or occupation, within seventy-two (72)
hours after such change is made. [Ord. No. 21-66, § 6,
20 Sep 1966]
Sec. 723.07 Records to be Kept Confidential. All
statements furnished i.n connection with the registration
of any person under the provisions of this Chapter shall
be kept at all times in a confidential file by the Police
Department, separate and apart from other files and records
kept and maintained by the Police Department, and the said
file shall not be open to inspection by the public, but
shall be inspected only by the Municipal Judge, City
Attorney, City Prosecutor, City Manager and members of
5 723.07
SPECIAL OCCUPATIONAL PERMITS § 723.08
the Police Department, or other law enforcement officers.
It shall be unlawful for any person having access to such
confidential file to disclose information contained there-
in to any person not entitled to have such information.
The Chief of Police is hereby given the authority to trans-
mit copies of such records contained in the said confidential
file to any sheriff, head of any organized police department
of any city, to the head of any department in any state en-
gaged in the enforcement of the criminal laws of said state,
or to the head of any federal law enforcement agency; and
requests for such copies shall be made in writing by such
sheriff or head of said law enforcement agencies, asking
for the record of a person named in such request and
stating that such record is deemed necessary for use of
such law enforcement officer or agency for the inventigation
of any crime or of any person who is accused ofcommittin_g a
crime, and further stating that the record will be used
only for such purpose. [Ord. No. 21-66, 5 7, 20 Sep 1966]
Sec. 723.08 Penalty for Violations. Any person who
shall be convicted in the Municipal Court of a violation
of any provision of this Ordinance shall be punished by
a fine not to exceed $500.00 or by imprisonment not to
exceed sixty (60) days or by such fine and imprisonment.
[Ord. No. 21-66, § 8, 20 Sep 1966; Ord. No. 21-74, 5 1,
16 Jul 1974]
or\
§ 725.01
TAXI REGULATION
CHAPTER 725
TAXI REGULATION
§ 725.01
Sec. 725.01 Definitions. The following words and
phrases when used in this Chapter have the meanings as
set out herein:
Call box stand means a place alongside a street or
elsewhere, where the City Chief of Police has authorized
a holder of a certificate of public convenience and neces-
sity to install a telephone or call box for the taking of
calls and the dispatching of taxicabs.
Certificate means a certificate of public convenience
and necessity issued by the City Council of the City of
Cape Canaveral, Florida, authorizing the holder thereof
to conduct a taxicab business in the City.
City means the City of Cape Canaveral, Florida.
Cruising means the driving of a taxicab on the streets,
alleys or public places of the City in search of or solict-
ing prospective passengers... for hire.
Council means the City Council of the City of Cape
Canaveral, Florida.
Driver's permit means the permission granted by the
Chief of Police to a person to drive a taxicab upon the
streets of the City.
Holder means a person to whom a certificate of public
convenience and necessity has been issued.
Manifest means a daily record prepared by a taxicab
driver of all trips made by such driver showing time and
place of origin, destination, number of passengers and the
amount of fare of each trip.
Open stand means a public place alongside the curb of
a street or elsewhere, in the City, which has been desig-
nated by the Chief of Police as reserved exclusively for
the use of taxicabs.
Person includes an individual, a corporation or other
legal entity, a partnership, and any unincorporated
association.
§ 725.01
TAXI REGULATION § 725.02
Rate card means a card issued by the owner for display
in each taxicab which contains the rates of fare then in
force.
Taxicab means a motor vehicle regularly engaged in the
business of carrying passengers for hire, having a seating
capacity of less than seven (7) persons and operated wholly
or principally within the corporate limits of. the City.
Taximeter means a meter instrument or device attached
to a taxicab which measures mechanically the distance
driven and the waiting time upon which the fare is based.
Waiting time means the time when a taxicab is not in
motion from the time of acceptance of a passenger or pas-
sengers to the time of discharge, but does not include
any time that the taxicab is not in motion if due to any
cause other than the request, act or fault of a passenger
or passengers. [Ord. No. 9-68, § 1, 1 Oct 1968]
Sec. 725.02 In General.
(A) Application of article. All persons operating
buses, taxicabs or other motor vehicles for the trans-
portation of persons for hire upon the streets, avenues
and roadways of the City under authority of franchise,
license or other permit granted or issued by the City
shall, in addition to all other lawful regulations, be
bound by the provisions of this article insofar as such
provisions shall be applicable to each and every such
person.
(5) Enforcement by Police Department. The Police
Department is hereby given the authority and is instructed
to watch and observe the conduct of holders and drivers
and to enforce this Section according to law and report
any violation of rules and regulations to the legislative
body that would revoke the certificate of public conveninece
of the holder.
(C) Exemption. Taxicabs operating wholly or principally
without the City shall not be subject to this Chapter and
shall be permitted to deliver or discharge passengers with-
in the Ci.t.y.. Exempt taxicabs, as set forth herein, shall
not be authorized the use of taxicab or bus stands within
the City or the obtaining of passengers within the City
without being subject to the provisions of this Chapter.
[Ord. No. 9-68, § 2, 1 Oct 1968]
§ 725.03
TAXI REGULATION § 723.03
Sec. 725.03 Certificate of Public Convenience and
Necessity Required. No person shall operate or permit a
taxicab, motor vehicle for hire, or bus owned or controlled
by him to be operated as a vehicle for hire upon the streets
of the City without having first obtained a certificate of
public convenience and necessity from the Council.
(A) Application for Certificate. An application for
a certificate shall be filed with the Clerk of the City
upon forms provided by the City. Such applications shall
be verified under oath and shall furnish the following
information:
(1) The name, residence address and proposed place
of business of the applicant; if the applicant be a
copartnership, the application shall give the names
and residence addresses of the copartners; if the
applicant be a corporation, the application shall set
forth the name of the corporation and the residence
addresses of its officers and board of directors.
(2) The financial status of the applicant, in-
cluding the amounts of all unpaid judgments against
the applicant and the nature of the transaction or
acts giving rise to such judgments.
(3) The experience of the applicant in the trans-
portation of passengers.
(4) Any facts which the applicant believes tend
to prove that public convenience and necessity require
the granting of a certificate.
(5) The number of vehicles to be operated or con-
trolled by the applicant and the location of proposed
depots and terminals.
(6) The color scheme or insignia to be used to
designate the vehicles of the applicant.
(7) The proposed time schedule of operation and
the rates of fare to be charged, which rates, when
approved, shall not thereafter be increased or de-
creased without the prior approval of the City Council.
(8) Such further information as the Council may
require.
(9) Such application shall be accompanied by a
tender of the license fee as provided by this Chapter.
5 725.03
TAXI REGULATION § 725.03
(B) Hearing on Application for Certificate, Effect
of Denial, and Matters Considered.
(1) Upon filing application and payment of fees,
the Council shall fix a time for hearing and acting
upon such application. Notice of such hearing shall
be given to the applicant and all other operators of
any hack, taxicab, motor bus or other public vehicle
for the carriage of passengers for hire within the City.
Such notice shall contain a brief summary of the subject
matter of the application, the type of service proposed,
the territory to be served and any other pertinent facts
in connection therewith, and shall be mailed at least
ten (10) days prior to the date assigned for hearing
of such application. At the time specified in such
notice or at such subsequent time as may be fixed by
the Council, a public hearing upon such application
shall be held by the legislative body. At or after
such hearing, the Council may issue a certificate of
public convenience and necessity, or may issue the
same with modifications or upon such terms and con-
ditions as in its judgment the public convenience
and necessity may require, taking into consideration
the effect that the granting of such certificate may
have upon transportation facilities within the ter-
ritory sought to be served by the applicant and also
the effect upon transportation as a whole within the
City.
(2) When any such application is heard and denied,
the legislative body shall not thereafter entertain any
further application covering the identical or similar
routes, schedules or services until the expiration of
at least three (3) months from the date of such denial.
(3) In making the above findings, the City shall
take into consideration the number of similar vehicles
already in operation, whether existing transportation
is adequate to meet the public need, the probable
effect of increased service on local traffic conditions,
and the character, experience and reponsibility of the
applicant.
(C) Issuance of Certificate; Contents.
(1) If the City finds that further transportation
service in the City is required by the public conven-
ience and necessity and that the applicant is fit,
willing and able to perform such public transportation
o
§ 725.03
TAXI REGULATION § 725.03
and to conform to the provisions of this article and
the rules promulgated by the City, then the City body
shall issue a certificate stating the name and address
of the applicant, the number of vehicles authorized
under such certificate and the date of issuance; other-
wise, the application shall be denied.
(2) Every certificate of convenience and necessity
issued under the provisions of this article shall con-
tain among other things, the following: the rates of
fare to be charged, the color scheme or insignia to be
used, andsuch additional terms, conditions, provisions
and limitations as the legislative body shall deem proper
or necessary in the public interest.
(3) Each automobile for hire subject to the pro-
visions of this article shall display in a conspicuous
place the certificate of public convenience and neces-
sity
(D) Insurance Required.
(1) No certificate of public convenience and neces-
sity shall be issued or continued in operation unless
there is a full force and effect, public liability in-
surance and property damage insurance for each taxicab
to be so operated under such certificate as follows:
public liability for not less than Twenty-five Thousand
Dollars ($25,000.00) for each person who may be injured
and a coverage of Fifty Thousand Dollars ($50,000.00)
for each accident, and property damage insurance for
not less than Ten Thousand Dollars ($10,000.00) for any
one accident.
(2) Such policies of insurance shall be delivered
to the City Clerk simultaneously with the receipt of
such certificate from said Clerk, and such applicant
shall pay the premiums on each policy. Such policies
shall remain on file with the said Clerk of the City
as long as said certificate is in force and not revoked.
Such policies of insurance shall have a provision in-
corporated therein to the effect that the insurance
company or companies writing the same shall have no
right to cancel such policies without giving the City
not less than ten (10) days written notice of such
cancellation.
(E) Transfer of Certificates. No certificate of
public convenience and necessity may be sold, assigned,
§ 725.03
TAXI REGULATION ! § 725.06
mortgaged or otherwise transferred without the consent of
the legislative body. [Ord. No. 9-68, § 3, 1 Oct 1968]
Sec. 725.04 Occupational License. The license tax
for the occupation of operating a taxicab company shall
be computed and calculated on the basis of the number of
vehicles used by each taxicab company and shall be charge-
able at the rate of Twenty-five Dollars ($25.00) per year
per cab, beginning with the license year, and in addition
thereto, each company shall pay a license fee of Seventy-
five Dollars ($75.00). [Ord. No. 9-68, § 4, 1 Oct 1968]
Sec. 725„05 Cancellation, Revocation, Suspension of
Certificates, Licenses.
(A) The City, by and through its Council, shall have
the right to cancel and revoke any such certificate and
license for good cause shown. Such cause authorizing
such revocation and cancellation of said certificate or
license shall be any violation of the provisions of this
chapter with respect to charges made by taxicabs in haul-
ing passengers, disregard of traffic rules and regulations,
failure to carry such insurance, failure to pay the premiums
on said insurance,. failure to keep said taxicabs at all
times in good repair and running order, as may be determined
by the Chief of Police, violation of any of the ordinances
of the City, and any other reasonable regulation which may
hereafter be promulgated by the Council.
(B) A certificate issued under the provisions of this
Chapter may be revoked or suspended by the legislative
body if the holder has:
(1) Violated any of the provisions of this Chapter.
(2) Discontinued operations for more than ten (10)
consecutive days in any one period.
(3) Has violated any provision of this Code or the
laws of the United States or the State of Florida, the
violations of which reflect unfavorably on the fitness
of the holder to offer public transportation. [Ord.
No. 9-68, § 4, 1 Oct 1968]
Sec. 725.06 Drivers' Permits Required; Display.
(A) No person shall drive any hack, taxicab, motor bus
or other vehicle for the transporting of passengers for
hire upon the streets of the City without having first
§ 725.06 TAXI REGULATION § 725.06
obtained a permit therefor. The permit, when issued, shall
be displayed in a conspicuous place in the vehicle so oper-
ated by the holder of this permit so as to be easily seen
by any person occupying said taxicab. This shall apply
while the driver is in possession or operating the vehicle
for hire.
(B) Application for Driver's Permit. An application
for a driver's permit shall be made in writing to the Chief
of Police upon a form provided by him, and shall furnish
the following information:
(1) Name and address of the applicant.
(2) Place or places of residence for the past five
(5) years.
(3) Age, height, color of eyes and hair and date
of birth.
(4) Place of birth.
(5) Places of previous employment, for the last
two (2) years.
(6) Marital status.
(7) Whether the applicant has ever been convicted
of a felony or a misdemeanor, where and when.
(8) Whether he or she has ever held a taxicab
driver's or chauffeur's license, and if so, when and
where.
(9) Whether such license has ever been revoked, and
if so, for what cause.
(10) Whether his or her state operator's license
has ever been revoked, suspended, or has any restrictions.
(11) The names of three (3) reputable persons who
have been personally acquainted with the applicant for
a period of at least one (1) year.
(12) Any other facts or information as the Chief of
Police may require.
(13) Any other facts deemed important by the appli-
cant that he or she may wish to submit.
§ 725.06
TAXI REGULATION § 725. 06
Each application shall be accompanied with a health
certificate from a physician acceptable to the City
certifying that the applicant is of sound physical health,
sound physique, is not addicted to the use of drugs and
intoxicants, has good eyesight and hearing, is not sub-
ject to heart disease, vertigo, epilepsy, or any disease
which might affect the operation of motor vehicle, and is
not affected with any infectious or veneral disease. Eachap-
plication shall also be accompanied by three (3) prints of
a recent photograph of the applicant of a size to be desig-
nated by the Chief of Police.
(C) Qualifications for Taxicab Drivers': Investigation
Authorized;• Issuance'of Permits;' Fee. To be issued a taxi-
cab driver's permit, an applicant must meet the following
requirements:
(1) Must be at least twenty-one (21) years of age.
(2) Must have a chauffeur's license issued by the
State of Florida.
(3) Must be able to read and write the English
language.
(4) Must be of good moral character.
(5) Must not have been convicted of a felony
within the preceding five (5) years.
(6) Must not have been convicted of three (3) or
more misdemeanors within the preceding year.
The Chief of Police shall investigate all applicants for
taxicab permits. Once the Chief of Police has determined
that the applicant has provided all of the information re-
quired on the application for driver's permit, as required
by the previous sub -section, in that he has met all the
qualifications listed above, he shall then grant said
applicant a taxicab driver's permit, after payment of the
permit fee of $10.00.
The Chief of Police shall have the authority to waive the
requirements of this paragraph in his discretion and upon
good cause being shown. [Ord. No. 18-76, § 1, 7 Sep 1976;
Ord. No. 2-77, § 1, 1 Mar 1977]
(D) Term, Renewal of Drivers' Permits. All taxicab
drivers' permits shall expire on the first business day
§ 725.06
TAXI REGULATION § 725.06
of January of each year, unless previously revoked by the
Chief of Police or legislative body. Permits shall be
renewed by filing renewal applications and paying the
permit fee of Three Dollars ($3.00). However, no inves-
tigation need be made by the Chief of Police and no new
fingerprints need to be taken. Every permitted driver
shall submit to the Police Department with his or her
permit renewal application every year, three (3) prints
of a recent photograph of himself or herself of a size
to be designated by the Chief of Police. Each appli-
cation for a renewal shall be accompanied by a health
certificate from a physician acceptable to the City.
The Chief may refuse to renew a taxicab driver's permit
for any of the reasons listed for permit revocation,
subject to the right of the applicant to demand a pub-
lic hearing before the legislative body.
(E) Revocation, Suspension of Driver's Permits. A
taxicab driver's permit may be suspended by the Chief of
Police for a period of not more than ten (10) days, or
revoked by the Chief of Police for any of the following
reasons and for other proper reasons:
(1) Proof that the permittee is not of good moral
character, has been convicted of a felony, or is ad-
dicted to the use of narcotics or intoxicants.
(2) Suspension or revocation of his or her State
operator's or chauffeur's license.
(3) Proof that the permittee has been convicted
of three (3) or more misdemeanors within the preceding
year.
(4) Proof that the permittee is a poor or reckless
driver.
(5) Evidence of bad health or physical disability.
(6) Proof that the information on the taxicab
driver's application is false.
(7) Violation of any of the provisions of this
Chapter.
(8) Failure to conspicuously display the taxicab
driver's permit in the taxicab while the taxicab is
in operation.
§ 725.06
TAXI REGULATION § 725.06
Notice of such suspension or revocation shall be sent to
the permittee and to his employer, together with the
reason for such action, and suspension or revocation shall
become effective immediately upon the delivery of said
notice. The permittee shall have the right to demand a
public hearing before the legislative body on such sus-
pension or revocation. Henceforth, the person whose permit
was revoked shall not operate a taxicab within the City
unless the City Council shall vote at a public hearing
to rescind said revocation or unless a new permit shall
subsequently be issued to him or her. No refund of permit
shall be given to a person whose taxicab driver's permit
has been suspended or revoked.
(F) Driver's Permits for Portion of Year to Pay Full
Fee; Refunds Prohibited. An applicant f'or a taxicab
driver's perm t shall pay the entire amount of the annual
fee regardless of when the permit is issued. No refunds
shall be made for permits.
(G) Operating Taxicabs' Without' Permit Prohibited.
Only drivers holding a valid permit issued by the City
may operate taxicabs in the City. Any owner desiring to
operate his or her taxicab must obtain a taxicab driver's
permit and he or she shall be governed by all provisions
in the same manner as any permitted driver.
(H) Destroying, Defacirig,' Altering' Driver's' Permits.
It shall be unlawful for any person holding a taxicab
driver's permit to willfully alter, deface, obliterate
or destroy the same or to cause or permit it to be altered,
defaced, obliterated or destroyed.
(I) Duties of Owners of Vehicles. The owner shall
notify the Police Department of the names and addresses
of all taxicab drivers in its employ. It shall be the
owner's responsibility to inform prospective drivers that
they must obtain a taxicab driver's permit from the City.
The owner must not permit drivers without a taxicab
driver's permit to operate taxicabs or other vehicles for
hire in the City. Violation of this provision shall .cause
automatic revocation of the owner's permit. All changes
of residence of the owner or any driver shall be reported
to the Police Department within three (3) days. Changes
of location of the business shall be reported to the City
Manager immediately. The owner shall notify the Police
Department of any taxicab or other vehicle for hire which
is being permanently taken out of service. [Ord. No. 9-68,
§ 6, 1 Oct 1968]
§ 725.07
TAXI REGULATION § 725.07
Sec. 725.07 Regulations - Drivers, Owners, Taxicabs.
(A) Conduct of Drivers. No taxicab driver shall use
indecent or profane language, be guilty of boisterous
talking, shouting or disorderly conduct in the presence
of any passenger, or vex or annoy any passenger. No
driver shall use intoxicants either immediately before
or while on duty. No driver shall use narcotics at any
time.
(B) Property Left in Taxicabs. All drivers of taxi-
cabs shall promptly deliver to the Police Department all
property left in such vehicles by passengers and all
drivers failing to do so shall be deemed guilty of vio-
lating this Chapter. When articles left in such vehicles
are delivered to the Police Department, the police officer
on duty shall make an entry of the fact in a book provided
for that purpose and shall keep all such articles until
claimed by the owner, or disposed of pursuant to resolution
of the legislative body.
(C) Solicitation of Passengers by Driver. No driver
shall solicit passengers for a taxicab except when sitting
in the driver's compartment of such taxicab or while stand-
ing immediately adjacent to his vehicle at all times when
such vehicle is upon the public street, except that, when
necessary, a driver may be absent from his taxicab for
not more than thirty (30) minutes, consecutively, and
provided further that nothing herein contained shall be
held to prohibit any driver from alighting to the street
or sidewalk for the purpose of assisting passengers into
or out of such vehicle.
(D) Annoying Solicitations Prohibited. No driver
shall solicit patronage in a loud or annoying tone of
voice or by sign or in any manner annoy any person or
obstruct the movement of any persons, or follow any per-
son for the purpose of soliciting patronage.
(E) Passengers to be Received, Discharged on Sidewalk
or at Curb. Drivers of taxicabs shall not receive or dis-
charge passengers in the roadway, but shall pull up to
the right-hand sidewalk as nearly as possible or in the
absence of a sidewalk, to the extreme right-hand side of
the road and there receive or discharge passengers, except
upon one-way streets, where passengers may be discharged
at either the right or left-hand sidewalk or side of the
roadway in the absence of a sidewalk.
§ 725.07
TAXI REGULATION § 725.07
(F) Cruising not Permitted. No driver shall cruise
in search of passengers.
(G) Consent Required to take Additional Passengers;
Fares for Additional Passengers. No driver shall permit
any other person to occupy or ride in such taxicab, unless
the person or persons first employing the taxicab shall
consent to the acceptance of additional passengers. No
charge will be made for additional passengers except in
accordance with the schedule of the rates and fares as
posted.
(H) Number of Doors Permitted on Cabs and Number of
Passengers Restricted. No driver shall permit more per-
sons to be carried in a taxicab as passengers than the
rated seating capacity of his taxicab as stated in the
permit for such vehicle issued by the Police Department.
A child in arms shall not be counted as a passenger. No
taxicab shall operate under the provision of this ordinance
unless it has four (4) doors.
(I) Soliciting for Hotels or Houses of I11 Repute;
Selling Intoxicants; Vehicles Restricted' to Passenger
Transportation. It shall be a violation of this article
for any driver of a taxicab to solicit business for any
hotel, or attempt to divert patronage from one hotel to
another. Neither shall such driver engage in selling in-
toxicating liquors or solicit business for any house of
ill repute or use his vehicle for any purpose other than
the transporting of passengers.
(J) Vehicles to be Marked. Every hack, taxicab, motor
bus or other motor vehicle operated under the provisions
of this Chapter shall have a sign attached to or printed
on said vehicle, with either the words "public" or "taxi-
cab", "Motor bus" or "for hire" thereon.
• (K) Vehicles to be Marked. Every bus, taxicab or
other motor vehicle operated upon the streets, avenues
and roadways of the City under any franchise, license
or other permit issued by the City and for the transporta-
tion of persons for hire shall be plainly and distinctly
marked with the name of the person, firm, corporation or
other entity operating the same, and such marking shall
be upon each side of every such motor vehicle and marked
in letters distinctly legible not less than four (4)
inches in height. Where any person, firm, corporation
or other entity 'shall have more than one bus, taxicab
§ 725.07
TAXI REGULATION § 725.07
or other motor vehicle so operated upon the streets,
avenues and roadways of the City, each and every bus,
taxicab or other motor vehicle belonging to the same
owner shall be numbered and so marked on each side and
front and rear in letters and figures four (4) inches in
height so as to classify and distinguish each such vehicle
from all the other vehicles owned by the same owner. Each
and every bus, taxicab and other motor vehicle with the
capacity of more than five (5) passengers shall have the
number of such bus, taxicab or other motor vehicle plainly
marked in the upper right-hand corner of the interior if
the owner thereof owns more than one of such buses, taxi-
cabs or other motor vehicles, or with the name of such
owner where the owner has only one.
(L) Records Required. Every operator of buses, taxi-
cabs or other motor vehicles, as defined in this ordinance,
and employing drivers or chauffeurs to drive and operate
the buses, taxicabs or other motor vehicles, and every
such operator leasing or letting their buses, taxicabs
or other motor vehicles to others to be operated by them
and under their franchise, license or permit, shall keep
and maintain records showing the name of the driver or
chauffeur and the number of the bus, taxicab or other
motor vehicle driven and operated by him on each and every
mission, trip or period of time covered by the operation
of such bus, taxicab or other motor vehicle over and upon
the streets of the City, and such records shall be open
to inspection at all times during reasonable hours by any
authorized representative of the City; and any such driver,
chauffeur or lessee when driving or operating buses, taxi-
cabs or other motor vehicles for the owner, shall be
subject to the same penalties as the owner for the violation
of'any of its provisions in the operation of the bus, taxi-
cab or other motor vehicle so driven or operated by them.
(M) Taxi Stands. The Chief of Police is hereby
authorized and required to establish bus stops and taxi-
cab stands and stands for other passenger common carrier
motor vehicles on such public streets in such places and
in such number as he shall determine to be of the greatest
benefit and convenience to the public, and every such bus
stop, taxicab stand or other stand shall be designated
by appropriate signs.
(N) Where Parking by Taxicabs, Buses Prohibited. The
driver of a bus or taxicab shall not park upon any street
in any business district at any place other than at a bus
stop or taxicab stand, respectively, except that this
1
§ 725.07
TAXI REGULATION § 725.07
provision shall not prevent the driver of'any such vehicle
from temporarily' stopping in accordance with other stopping
or parking regulations.
(0) Other Vehicles Prohibited in Bus, Taxicab Stands.
No person shall stop, stand or park a vehicle other than
a bus in a bus stop, or other than a taxicab in a taxicab
stand, when any such stop or stand has been officially
designated and appropriately signed, except that the
driver of a passenger vehicle may temporarily stop therein
for the purpose of and while actually engaged in loading
or unloading passengers when such stopping does not inter-
fere with any bus or taxicab waiting to enter, about to
enter such zone or leaving such zone.
(P) Color Scheme for Taxicabs. Every certificate
holder authorized to operate one (1) or more taxicabs
shall adopt and use, after the approval of the Chief of
Police and City Manager has been secured, a distinctive,
uniform and decorative color scheme for all taxicabs
operated under the same certificate.
(Q) Minimum Service Required. All persons engaged
in the taxicab business in the City operating under the
provisions of this article shall render an overall service
to the public desiring to use taxicabs. Holders of cer-
tificates of public convenience and necessity shall main-
tain a central place of business and keep the same open
twenty-four (24) hours. a day for the purpose of receiving
calls and dispatching cabs. They shall answer all calls
received by them for services inside the corporate limits
of the City as soon as they can do so, and if such services
cannot be rendered within a reasonable time, they shall
then notify the prospective passengers how long it will
be before such call can be answered and give the reason
therefor. Any holder who shall refuse to accept a call
anywhere in the corporate limits of the City, at any time
when such holder has available cabs, or who shall fail
or refuse to give overall service, shall be deemed a
violator of this section and the certificate granted to
such holder shall be revoked at the discretion of the
Council.
(R) Daily Manifests Required; Preservation.
(1) Every owner shall maintain a daily manifest
upon which are recorded all trips made each day, show-
ing time and place of origin and destination of each
trip, number of passengers and amount of fare. The
forms for each manifest kept by the owner shall be of
a character approved by the City Manager.
§ 725.07
TAXI REGULATION § 725.07
(2) Every holder of a certificate of public con-
venience and necessity shall retain and preserve all
drivers' manifest in a safe place for at least the
calendar year next preceding the current calendar
year, andsuch manifests shall be available to the
City Manager and the Chief of Police.
(S) Special Contracts to be Filed. It shall be
mandatory for all holders to file with the City Manager
copies of all contracts, agreements, arrangements, memo-
randa, or other writings relating to the furnishing of
taxicab service to any hotel, theater, hall, public resort,
railway station or other place of public gathering,
whether such arrangement is made with the holder of any
corporation, firm or association with which the holder
may be interested or connected. Failure to file such
copies within seven (7) days shall be sufficient cause
for the revocation of a certificate of any offending
holder or the cancellation of any cab stand privileges.
(T) Advertising on Cabs Permitted. Subject to the
rules and regulations of the Council, it shall be lawful
for any person owning or operatng a taxicab or motor
vehicle for hire to permit advertising matter to be affixed
to or installed in or on such taxicabs or motor vehicles
for hire.
(U) Working Hours for Drivers; Log Required. It
shall be unlawful for any driver or operator of a taxi-
cab to drive or operate a taxicab for more than twelve
(12) hours within any twenty-four (24) hour period. A
taxicab driver's log shall be kept in the taxicab at
all times during its operation.
(V) Permitting Use of Cabs for Prostitution Prohibited.
It shall be unlawful for the driver of a taxicab operated
in the City limits to permit any person to accompany or
use such taxicab for the purpose of prostitution, lewd-
ness, or assignation, or to direct, take or transport or
to offer or agree to direct, take or transport any other
person with the knowledge or reasonable cause to believe
that the purpose of such directing, taking or transporting
is for the purpose of prostitution, lewdness.or assignation.
(W) Drivers to Comply with City, State,Federal Laws.
Every taxicab driver licensed under this article shall
comply with all City, State and Federal laws. Failure
to do so will justify the suspending or revoking of a
driver's permit.
§ 725.07
TAXI REGULATION § 725.08
(X) Taximeter. All taxicabs operated under the
authority .of this Chapter shall be equipped with taxi-
meters fastened in front of the passengers, visible to
the passengers or inspection officer at all times, day
and night; and, after sundown, the face of the taximeter
shall be illuminated. Said taximeter shall be operated
mechanically by a mechanism of standard design and con-
struction, driven either from the transmission or from
one of the front wheels by a flexible and permanently
attached driving mechanism. They shall be sealed at all
points and connections which, if manipulated, would affect
their correct reading and recording. Each taximeter shall
have thereon a flag to denote when the vehicle is employed
and when it is not employed; and it shall be the duty of
the driver to throw the flag of such taximeter into a
nonrecording position at the termination of each trip.
The said taximeters shall be subject to inspection from
time to time by the Police Department. Any inspector
or other officer of said Department is hereby authorized
either on complaint of any person or without such com-
plaint to inspect any meter and, upon discovery of any
inaccuracy therein, to notify the person operating said
taxicab to cease operation. Thereupon said taxicab shall
be kept off the highways until the taximeter is repaired
and in the required working condition. [Ord. No. 9-68,
§ 7, 1 Oct 1968]
Sec. 725.08 Fares.
(A) Approval. Every person owning, operating or con-
trolling any motor vehicle operated as a taxicab within
the limits of the City shall file with the City Clerk a
schedule of the rates or fares to be charged for trans-
portation of passengers in such taxicabs, which rates or
fares shall be approved by the Council, and all charges
shall be strictly in accordance with such schedule. Such
person may file an amended schedule of fares at any time,
and such amended schedule shall show the date on which
it is to become effective and shall be approved by the
legislative body.
(B) Posting. Each taxicab shall have posted in a
conspicuous place therein a schedule of rates for the
transportation of persons within the corporate limits
of the City, and no charges shall be made except as pro-
vided by the rates as posted.
(C) Maximum Fares Established. The City Council
shall, by resolution, adopt a schedule of rates for all
§ 725.08
TAXI REGULATION § 725.09
taxi service within the City of Cape Canaveral, Florida.
It shall be unlawful for the operator of any taxicab as
herein defined to charge or collect or attempt to charge
or collect any rate of fare in excess of the schedule of
rates so adopted by the City Council of the City of Cape
Canaveral, Florida.
(D) Refusing to Pay Fare Prohibited; Right to Require
Advance Payments.
(1) It shall be unlawful for any person to refuse
to pay the legal fare of any of the vehicles mentioned
in this article after having hired the same, and it
shall be unlawful for any person to hire any vehicle
herein defined with intent to defraud the person from
whom it is hired of the value of such services.
(2) Every driver
cab or motor vehicle
payment of the legal
employment unless so
7 Sep 1976]
Sec. 725.09 Vehicle
Safety Regulations.
(A) Vehicle Inspection Certificate Required. Prior
to the use and operation of any vehicle under the pro-
visions of this Chapter, the Police Department shall
ascertain that said vehicle has affixed to its windshield
a current State of Florida Inspection Certificate, as
required by Florida law. The Police Department shall
also determine that said vehicle is in lawful mechanical
operating condition as required by the Florida Statutes,
and said vehicle shall contain and be equipped with all
safety and regulatory devices as required by Florida
Statutes. If the Police Department finds that the ve-
hicle has met these standards, the. Department shall
issue a permit to that effect which shall also state the
authorized seating capacity of said vehicle.
of any public automobile, taxi -
shall have the right to demand
fare in advance and may refuse
prepaid. [Ord. No. 18-76, § 1,
Inspection,
License Required,
(B) When the Police Department finds that a vehicle
has met the standards established by the Chief of Police,
the Department shall issue a permit to that effect, which
shall also state the authorized seating capacity of said
vehicle.
(C) Police Department Permit Required. It shall be
unlawful for any vehicle required to be inspected under
§ 725.09
TAXI REGULATION § 725.11
this Chapter to be operated upon the streets of the City
without first securing the permit described in the pre-
ceding paragraph from the Police Department, which permit
shall be displayed at all times in said vehicle.
(D) Vehicle Cleanliness. Each taxicab licensed under
this Chapter shall be clean and sanitary throughout and
the owner shall be responsible for providing that the in-
terior of said taxi is thoroughly cleaned at the end of
each day of operation.
(E) Frequency, Location of Regular Inspection; Reports;
Special Inspections. Every taxicab shall be inspected to
determine that it has a current State of Florida vehicle
inspection certificate and said vehicle's general overall
appearance, at least two times a year, during the periods
between April first and June first, and between October
first and December first. This inspection shall take
place at the Police Department of the City of Cape Ca-
naveral, Florida, or at any other place designated by the
Chief of Police.
A report of such inspection shall be submitted to the
City Clerk within ten (10) days after the inspection has
been made. The Police Department may make or cause to
be made, special inspections of any licensed taxi whenever
it feels the public safety would be served thereby. The
Police Department shall have the right to inspect or check
taxis at any time in enforcing the provisions of this
article. Whenever the Chief of Police or his duly des-
ignated officer determines that a licensed taxi is unsafe
or unclean or in any manner is in violation of this Chapter,
or any of the other provisions of the Florida law, he
shall stop its operation in the City until the condition
has been corrected. [Ord. No. 10-76, § 1, 11 May 1976;
Ord. No. 18-76, § 1, 7 Sep 1976]
Sec. 725.10 Appeal Procedure. Decisions rendered by
the Chief of Police regarding interpretation of § § 725.06,
725.09 may be appealed by the person, Corporation or partner-
ship so affected, to a three-man Board of Appeal, to be
appointed by Council. [Ord. No. 9-68, § 10, 1 Oct 1968]
Sec. 725.11 Penalty. Any person violating any of the
provisions of this Chapter shall be punished by a fine of
not more than two hundred dollars ($200.00) or by imprison-
ment not exceeding thirty (30) days, or by both such fine
and imprisonment. [Ord. No. 9-68, § 11, 1 Oct 1968]
§ 727.01
PUBLIC AREA CONSTRUCTION REGULATIONS
CHAPTER 727
PUBLIC AREA CONSTRUCTION REGULATIONS
5 727.05
Sec. 727.01 Permit Required. It shall be unlawful
for any person to dig up, break, excavate, tunnel, jet,
bore and jack, undermine or in any manner break up any
street, highway, sidewalk or other publicway or public
grounds, or to make or cause to be made any excavation
in or under the surface of any street for any purpose
or to place, deposit or leave upon any street any earth
or other excavated material obstructing or tending to
interfere with the free use of the street, unless such
person shall first have obtained a permit therefor from
the City as herein provided. [Ord. No. 5-67, § 1, 19
Sep 1967]
Sec. 727.02 Application. The City may require plans
and drawings to accompany the application. No excavation
permit shall be issued unless a written application for
the issuance of an excavation permit is submitted to the
City. The written application shall state the name and
address of the applicant, the nature, location and purpose
of the excavation, the proposed date of commencement and
date of completion of the excavation, and other data as
may reasonably be required by the City. [Ord. No. 5-67,
§ 2, 19 Sep 1967]
Sec. 727.03 Method of Installation. All installations
under or across paved streets or roads shall be made by
boring and jacking if possible. Installation by open cut
will be allowed only by special permission of the City
Council. All materials and workmanship shall conform to
requirements established by the City which will be avail-
able from the City Manager. [Ord. No. 5-67, § 3, 19
Sep 1967]
Sec. 727.04 Guarantee. It shall be the duty of the
permittee to guarantee and maintain the site of the ex-
cavation work free from defects caused by the excavation
for one (1) year after restoring it to its original con-
dition. [Ord. No. 5-67, 5 4, 19 Sep 1967]
Sec. 727.05 Permit Fees. A permit fee in the amount
of Ten Dollars ($10.00) shall be charged for the issuance
of an excavation permit which shall be in addition to all
other fees for permits or charges relative to any proposed
construction work. [Ord. No. 5-67, 5 5, 19 Sep 1967]
§ 727.06
PUBLIC AREA CONSTRUCTION REGULATION! § 727.08
Sec. 727.06 Cash Deposits. The application for an
excavation permit to perform excavation work under this
Chapter shall be accompanied with a cash deposit, for
deposit with the City as follows: a sum equal to $2.00
per square foot of surface of each excavation to be made
in streets which have been paved; a sum equal to 50¢ for
each square foot of surface of each such excavation to
be made in streets which are not paved. No deposit shall
be less than $25.00. Any person intending to make openings,
cuts or excavations in streets may make and maintain with
the City a general deposit in the sum of $500.00, and the
person so depositing shall not be required to make the
special deposits provided in this section but shall, how-
ever, be required to comply with all other applicable
provisions of this Chapter. Any special or general de-
posit made hereunder shall serve as security for the repair
and performance of work necessary to put the street in as
good condition as it was prior to the excavation if the
permittee fails to make the necessary repairs or to com-
plete the proper refilling of the opening and the excava-
tion work under the excavation permit.
Upon the permittee's completion of the work covered by
such permit in conformity with this Chapter as determined
by the City, except in the case of a general deposit, the
balance shall be refunded by the City to the permittee
upon the expiration of such twelve-month period; provided,
however, that the City may use any or all of any such de-
posit to pay the cost of any work the City performs to
restore or maintain the street as herein provided in the
event the permittee fails to perform such work, in which
event the amount refunded to the permittee shall be reduced
by the amount thus expended by the City. [Ord. No. 5-67,
5 6, 19 Sep 1967]
Sec. 727.07 Clean-up. As the excavation work pro-
gresses, all streets and private properties shall be
thoroughly cleaned of all rubbish, excess earth, rock and
other debris resulting from such work. All clean-up
operations at the location of such excavation shall be
accomplished at the expense of the permittee and shall
be completed to the satisfaction of the City, but shall
be limited to the original condition of the street at the
time of excavation. [Ord. No. 5-67, 5 7, 19 Sep 1967]
Sec. 727.08 City's Right to Restore Surface. If the
permittee shall have failed to restore the surface of the
street to its original and proper condition upon the ex-
piration of the time fixed by such permit or shall other-
wise have failed to complete the excavation work covered
a10
•
§ 727.08
PUBLIC AREA CONSTRUCTION REGULATION § 727.13
by such permit, the City, if it deems it advisable, shall
have the right to do all work and things necessary to re-
store the street and to complete the excavation work. The
permittee shall be liable for the actual cost thereof and
twenty-five percent (25%) of such cost in addition for
general overhead and administrative expenses. [Ord. No.
5-67, § 8, 19 Sep 1967]
Sec. 727.09 Urgent Work. If unusual traffic conditions,
or excavation of a major artery requires that the excavation
work be performed as emergency work, the City shall have
full power to order, at the time the permit is granted,
that a crew of men and adequate facilities be employed by
the permittee 24 hours a day to the end that such excavation
work may be completed as soon as possible. In the event
emergency conditions create an immediate hazard to life or
property, corrective procedures may be commenced without
the securing of a permit as required by this Chapter, pro-
vided that such permit is secured at the earliest practicable
time after commencement of the work. [Ord. No. 5-67, § 9,
19 Sep 1967]
Sec. 727.10 Inspections. The City shall make such in-
spections as are reasonably necessary in the enforcement
of this Chapter. [Ord. No. 5-67, § 10, 19 Sep 1967]
Sec. 727.11 Engineering Details.
(A) An engineering detail for boring and jacking
under a typical section of pavement of any street within
the City is hereto attached and by this reference made
a part hereof.
(B) An engineering detail for the payment replacement
of a typical section of any open cut of a City street is
attached hereto and by this reference made a part hereof.
[Ord. No. 5-67, § 11, 19 Sep 1967]
Sec. 727.12 Authority of City. The City shall have
the authority to require off-street dirt storage, to pro-
hibit street cuts during busy seasons, to determine the
size and length of the cut and to prohibit cuts on new
pavement. [Ord. No. 5-67, § 12, 19 Sep 1967]
Sec. 727.13 Liability of City. This Chapter shall
not be construed as imposing upon the City or any official
or employee any liability or responsibility for damages
to any person injured by the performance of any excavation
work for which an excavation permit is issued hereunder;
§ 727.13
PUBLIC AREA CONSTRUCTION REGULATION § 727.14
nor shall the City or any official or employee thereof
be deemed to have assumed any such liability or responsi-
bility by reason of inspections authorized hereunder, the
issuance of any permit or the approval of any excavation
work. [Ord. No. 5-67, § 13, 19 Sep 1967]
Sec. 727.14 Penalty. Any person, firm or corporation
violating any of the provisions of this Chapter shall, upon
conviction thereof, for each offense, be subject to a fine
of not to exceed Five Hundred Dollars ($500.00) or by im-
prisonment for not to exceed thirty (30) days, or by both
such fine and imprisonment in the discretion of the Munici-
pal Judge. [Ord. No. 5-67, § 14, 19 Sep 1967]
3
§ 733.01
ALCOHOLIC BEVERAGE SALE REGULATIONS
CHAPTER 733
ALCOHOLIC BEVERAGE SALE REGULATIONS
§ 733.05
Sec. 733.01 Time of Operation of Establishments Hold-
ing State Beverage License Regulated. Alcoholic beverages
may be sold, consumed or served in any place holding a
license under the division of beverages between the fol-
lowing hours: Monday through Saturday 7:00 a.m. to 4:00
a.m. the following morning; Sunday 1:00 p.m. to 4:00 a.m.
the following morning. This restriction does apply to
sale of off -premises consumption of beer and wine. [Ord.
No. 24-74, § 1, 3 Sep 1974]
Sec. 733.02 Sunday Regulations. However, it shall be
unlawful to sell, consume or serve beer and wine in any
place holding a license under the Division of Beverages,
between the hours of 7:00 a.m. and 1:00 p.m. on Sundays.
[Ord. No. 23-72, § 1, 5 Dec 1972; Ord. No. 24-74, § 1,
3 Sep 1974; Ord. No. 29-74, § 1, 15 Oct 1974]
Sec. 733.03 Exception for New Year's Eve. Establish-
ments within the City of Cape Canaveral, Florida, licensed
by the Division of Beverage, may remain open all night on
New Year's Eve, December 31st, and shall not be required
to close at 4:00 a.m., January lst, as provided in Section
733.01. [Ord. No. 23-76, § 1, 21 Dec 1976]
Sec. 733.04 Penalty. Any person violating any of the
provisions of this Chapter shall be punished as provided
in § 801.02. [Ord. No. 23-72, § 4, 5 Dec 1972]
Sec. 733.05 Nudity on Premises where Alcoholic Bev-
erages are Offered for Sale.
(A) It shall be unlawful for any person maintaining,
owning or operating a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises:
(1) To suffer or permit any female person, while
on the premises of said commercial establishment, to
expose to the public view that area of the human breast
at or below the areola thereof.
(2) To suffer or permit any female person, while
on the premises of said commercial establishment, to
§ 733.05
ALCOHOLIC BEVERAGE SALE REGULATIONS § 733.05
employ any device or covering which is intended to
give the appearance of or simulate such portions of
the human female breast as described in subsection
(A) (1) .
(3) To suffer or permit any person, while on the
premises of said commercial establishment to expose
to public view his or her genitals, pubic area, but-
tocks, anus or anal cleft or cleavage.
(4) To suffer or permit any person, while on the
premises of said commercial establishment, to employ
any device or covering which is intended to give the
appearance of or simulate the genitals, pubic area,
buttocks, anus, anal cleft or cleavage.
(B) It shall be unlawful for any female person while
on the premises of a commercial establishment located
within the City of Cape Canaveral, Florida, at which
alcoholic beverages are offered for sale for consumption
on the premises, to expose to public view that area of
the human female breast at or below the areola thereof,
or to employ any device or covering which is intended to
give the appearance or simulate such areas of the female
breast as described herein.
(C) It shall be unlawful for any person, while on the
premises of a commercial establishment located within the
City of Cape Canaveral, Florida, at which alcoholic bev-
erages are offered for sale for consumption on the premises,
to expose to public view his or her genitals, pubic area,
buttocks, annus or anal cleft or cleavage, or to employ
any device or covering which is intended to give the
appearance of or simulate the genitals, pubic area, but-
tocks, anus or anal cleft or cleavage.
(D) Any person who shall violate any provision of
this Section shall be guilty of anoffense against the
City punishable as provided in Section 801.02 of Code
of the City of Cape Canaveral, Florida.
(E) If any provision of this ordinance, or its
application to any person or circumstances, shall be held
invalid, the remainder of the ordinance, or the application
of the provision to other persons or circumstances, shall
not be affected.
(F) If the owner, operator, lessor, lessee, manager,
employee or any other person participating in. the operation
•
•
A �400
i I
1
I I
§ 733.05 ALCOHOLIC BEVERAGE SALE REGULATIONS § 733.05
of a commercial establishment located within the City.of
Cape Canaveral at which alcoholic beverages are offered
for sale for consumption on the premises shall be con-
victed of any of the offenses designated in Section 733.05
(A), then the City Treasurer shall revoke the occupational
license for said establishment after giving a reasonable
notice thereof to the holder of said license and affording
the holder an opportunity to be heard as to why the re-
vocation should not be issued. [Ord. No. 19-79, §§ 1,
2, 3, 4 Dec 1979]
§ 801.01
PENALTIES
CHAPTER 801
PENALTIES
5 801.05
Sec. 801.01 Penalty. Anyone convicted in a court of
competent jurisdiction of an offense punishable by this
section shall be punished by a fine not to exceed five
hundred dollars ($500.00) or by imprisonment not to exceed
sixty (60) days or by both such fine and imprisonment.
Sec. 801.02 Penalty. Anyone convicted in a court of
competent jurisdiction of an offense punishable by this
section shall be punished by a fine not to exceed three
hundred dollars ($300.00) or by imprisonment not to exceed
thirty (30). days or by both such fine and imprisonment.
Sec. 801.03 Penalty. Anyone convicted in a court of
competent jurisdiction of an offense punishable by this
section shall be punished by a fine not to exceed five
hundred dollars ($500:00) or by imprisonment not to exceed
ten (10) days or by both such fine and imprisonment.
Sec. 801.04 Penalty. Anyone convicted in a court of
competent jurisdiction of an offense punishable by this
section shall be punished by a fine not to exceed one
hundred dollars ($100.00).
Sec. 801.05 Penalty. Anyone convicted in a court of
competent jurisdiction of any offense for violation of
ordinance or law for which said ordinance or law provides
no specific penalty, shall be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment
not to exceed sixty (60) days, or by both such fine and
imprisonment. [Ord. No. 15-75, § 1, 27 May 1975]
•