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CITY CODE BOOK -
CODIFIED 10/26/81
2ND PRINTING
CITY OF CAPE CANAVERAL
C O D.E OF ORDINANCES
OCTOBER 26, 1 9 8 1
2 N D P R I NTI N G
JANUARY 17, 1984
CITY OF CAPE CANAVERAL CODE
CONTENTS.
TITLE
ABANDONED PROPERTY
ADULT ENTERTAINMENT
ALARM SYSTEMS.
ALCOHOLIC BEVERAGE, OPEN CONTAINER 'REGULATIONS
ALCOHOLIC BEVERAGE SALE REGULATION
ALCOHOLIC BEVERAGE, UNLAWFUL -CONSUMPTION
AMUSEMENT DEVICE CODE
ANIMALS CONTROLLED
ARREST PROCEDURE
BEAUTIFICATION BOARD
CABLE TV SERVICE
CITY PARKS AND BEACHES
CIVIL EMERGENCY
COMMERCIAL DEVELOPMENT BOARD
COMPREHENSIVE PLAN*
COUNCIL. COMPENSATION
COUNCIL PROCEDURES
COURT ASSESSMENT
CURFEW FOR MINORS
ELECTION •PROCEDURE
ELECTRICAL CODE
ELECTRIC. POWER SERVICE
EMPLOYEE INSURANCE
FISHING RESTRICTIONS.
FIRE PREVENTION CODE
FIREWORKS REGULATIONS
FLORIDA CRIMINAL STATUTES
GAS CODE
GAS SERVICE
GENERAL ORGANIZATION
HOUSING CODE
LIBRARY BOARD
LIFE SAFETY CODE
LOT CLEARING
MECHANICAL CODE
MOSQUITO CONTROL
CHAPTER
610
722
654
737
733
604
628
701
603
251
415
606
605
263
630
311
271
543
609
211
617
419
353
608
621
602
601
615
411
231
619
253
626
703
614
677
-i-
TITLE
NATIONAL FIRE PREVENTION CODE
NOISE REGULATIONS
NUDITY
NUMBERING OF BUILDINGS
OCCUPATIONAL LICENSES
OCCUPATIONAL PERMITS (SPECIAL)
OUTSIDE CONCERTS, FESTIVALS OR ENTERTAINMENT
PENALTIES
PERSONAL PROPERTY CONTROL
PERSONNEL POLICY*
PLUMBING CODE
PUBLIC AREA CONSTRUCTION
PUBLIC RECORDS
PURCHASING PROCEDURES*
RECORDS
RECREATION BOARD
REIMBURSEMENTS
SEA TURTLE PROTECTION
SOLAR ENERGY STANDARDS
SPECIAL INSPECTOR, THRESHOLD BUILDINGS
STORM _DRAINAGE
SWIMMING POOL CODE
TELEPHONE SERVICE
TRUCK TRAFFIC
UNLAWFUL. ESCAPE
UTILITY DEPOSIT
UTILITY TAX '
VEHICLES, IMPOUNDING
WATER SERVICE
*Published Under Separate Code
CHAPTER
629
711
734
505
721
723
729
801
207
351
613
727
203
205
201
255
301
659.
618
623
533
627
413
682
607
672
541
681
417
-ii-
TITLE I.
CITY OF CAPE CANAVERAL
CODE OUTLINE
CREATION, ALTERATION, EXISTENCE & DISSOLUTION
(100 - 199)
[City Charter included for reference]
TITLE II. GOVERNMENT & ADMINISTRATION
(200 - 299)
A. General
Chapter 201 Records
Ord. No. 3-69, 20 May 69
Chapter 203
Chapter 205
Chapter 207
B. Elections
Chapter 211
C. City Organization
Chapter 231
D. Bodies Established
Chapter
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
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
a/a/b 11-74, 21 May
a/a/b 1-75, 4 Mar
a/a/b 5-79, 20 Mar
a/a/b 10-82, 13 May
72
74
75
79
82
General Organization
Ord. No. 33-73, 18 Sep 73
a/a/b 5-77, 19 Apr 77
251 Beautification Board
Ord. No. 11-68, 5 Nov 68
Chapter 253
Library Board
Ord. No. 11-66, 10 May 66
a/a/b 9-73, 1 May 73
a/a/b 5-80, 18 Mar 80
*as amended by
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE
PAGE 2.
Chapter 255 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 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
Chapter 265 Code Enforcement Board
Ord. No. 22-83, 1 Nov 83
E. Procedures of Bodies
Chapter 271
TITLE III.
A. General
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
a/a/b 2-82, 2 Feb 82.
OFFICERS, AGENTS & EMPLOYEES
(300 - 399)
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
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE
PAGE 3.
B. Officers
Chapter 311 Council Compensation
Ord. No. 14-73, 3 Apr 74
Chapter 333
C. Employees
Chapter 351
Law Enforcement Plan
Ord. No. 17-72, 3 Oct 72
a/a/b 7-75, 15 Apr 75
Repealed 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
a /a /b 4-82, 16 Mar 82
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
a/a/b 6-83, 5 Apr 83
Chapter 419
Electric Power Service
Ord. No. 5-62, 28 Jan 62
a/a/b 25-81, 15 Dec 81
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE PAGE 4.
TITLE V. PUBLIC IMPROVEMENTS, UTILITIES & SERVICES
(500 - 599)
A. General
Chapter 501
Establishment of Streets
Ord. No. 23-63, 19 Dec 63
a/a/b 24-72, 2'Jan 73
Chapter 503 Subdivision of Land
Ord. No. 12-62, 17 Oct 62
B. Improvement Financing
Chapter 533
Chapter 535
Storm Drainage
Ord. No. 15-66, 7 Jun 66
a/a/b 6-67, 17 Oct 67
C. Finance of Services
Chapter 541
Chapter 543
Chapter 545
Chapter 547
Sewer Connection Assessment
Ord. No. 10-73, 3 Apr 73
a/a/b 4-75, 11 Mar 75
a/a/b 16-78, 3 Oct 78
a/a/b 7-80, 15 Apr 80
a/a/b 4-81, 7 Apr 81
a/a/b 7-81, 5 May 81
a/a/b 23-81, 15 Dec 81
a/a/b 26-81, 5 Jan 82
a/a/b 1-82, 16 Feb 82
a/a/b 6-82, 20 Apr 82
[Also see Chapter 671]
Utility Tax
Ord. No. 64-10, 28 Apr 64
a/a/b 19-71, 7 Dec 71
a/a/b 18-82, 21 Sep 82
Court Assessment
Ord. No. 27-73, 17 Jul 73
a/a/b 11-82, 6 Jun 82
Excise Tax on •Insurance
Ord. No. 9-72, 5 Jul 72
Repealed 2-79, 16 Jan 79
Building Permit& Development Fees
Ord. No. 15-73, 3 Apr 73
a/a/b 10-74, 7 May 74
a/a/b 1-76, 24 Feb 76
a/a/b 12-76, 8 Jun 76
a/a/b 2-81, 3 Mar 81
a/a/b 11'-81, 18 Aug 81
a/a/b 1-84, 17 Jan 84
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE
Chapter
PAGE 5.
549 Property Tax.
Ord. No. 25-72, 2 Jan 73
Repealed 12-81, 18 Aug 81
Chapter 551
Interim Proprietory Service Fee
Ord. No. 19-73, 5 Jun 73
Repealed 12-81, 18 Aug 81
TITLE VI. POLICE POWERS
(600-801)
A. General
Chapter 601 Florida Criminal Statutes Adopted
Ord. No. 1-62, 19 Jun 62
a/a/b 1-62A, 6 Aug 63
Chapter 603 Arrest Procedure
Ord. No. 1-72, 1 Feb 72
Chapter 604 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]
Chapter 605 Civil Emergency
Ord. No. 8-69, 21 Oct 69
Chapter 606 Regulations for City Parks
Ord. No. 14-83, 7 Jun 83
Chapter 607 Unlawful Escape
Ord. No. 23-71, 4 Jan 72
Chapter 608 Restrictions on Fishing
Ord. No. 1-83, 18 Jan 83
Chapter 609 Curfew for Minors
Ord. No. 8-66, 15 Mar 66
a/a/b 30-74, 5 Nov 74
Chapter 610
Abandoned Property; Supplemental
Procedure for Removal and
Destruction
Ord. No. 4-76, 18 May 76
a/a/b 4-83, 15 Mar 83
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE
PAGE 6.
B. Preservation & Protection of Public Safety & Welfare
1. Building Codes Prescribed
Chapter 611 Building Code
Ord. No. 3-72, 18 Apr 72
a/a/b 13-82, 7,Sep 82
a/a/b 19-83, 6 Sep 83
Chapter 613 Plumbing Code
Ord. No. 3-72, 18 Apr 72
a/a/b 3-74, 5 Feb 74
a/a/b 13-82, 7 Sep 82
Chapter 614 Standard Mechanical Code
Ord. No. 18-79, 6 Nov 79
a/a/b 13-81, 18 Aug 81
a/a/b 13-82, 7 Sep 82
Chapter 615 Gas Code
Ord. No. 3-72, 18 Apr 72
a/a/b 13-82, 7 Sep 82
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
a/a/b 13-82, 7 Sep 82
Chapter 620
Chapter 621
Standard Code for the Elimination
or Repair of Unsafe Buildings
Ord. No. 13-82, 7 Sep 82
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
a/a/b 13-82, 7 Sep 82
a/a/b 11-83, 3 May 83
Chapter 622 Land Clearing Burnings
Ord. No. 10-80, 19 Aug 80
Chapter 623 Special Inspector - Threshold
Buildings
Ord. No. 27-83, 17 Jan 84
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE PAGE 7.
Chapter 624
Flood Damage Prevention
Ord. No. 5-78, 2 May 78
a/a/b 1-81, 7 Apr 81
a/a/b 12-82, 20 Jul 82
Chapter 625 Standard Excavation
Ord. No. 3-76,
a/a/b 13-82,
& Grading Code
9 Mar 76
7' Sep 82
Chapter 627 Standard Swimming Pool Code
Ord. No. 13-76, 1 Jun 76
a/a/b 13-82, 7 Sep 82
Chapter 628 Standard Amusement Device Code
Ord. No. 13-82, 7 Sep 82
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. 2-83, 15 Feb 83
4. Land Use Regulations
Chapter 651 Beach and Dunes
Ord. No. 13-62, 4. Dec 62
a/a/b 14-72, 19 Sep 72
Chapter 653
Chapter 655
Chapter 657
Sign Ordinance
No Ord. Number 30
a/a/b 18-72, 3
a/a/b 23-73, 3
a/a/b 49-73, 18.
a/a/b 21-75, 7
a/a/b 23-77, 3
a/a/b 9-82, 1
a/a/b 21-82, 21
Mar
Oct
Jul
Dec
Oct
Jan
Jun
Dec
65
72
73
73
75
78
82
82
Birds Protected
Ord. No. 13-71. 3 Aug 71
Tree Protection
Ord. No. 26-73, 17 Jul 73
a/a/b 51-73, 12 Dec 73
*In Manual Form in City Clerk's Office.
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL
CODE OUTLINE PAGE. 8.
5. Sanitary Regulations
Chapter 671
Sewer Service
Ord. No. 6-66, 15 Feb 66
a/a/b 6-66A, 19 Jul 66
a/a/b 6-66B, 10 Sep 66
a/a/b 6-66C, 20 Sep 66
a/a/b 6-66D, 1 Niov 66
a/a/b 2-67, 21 Feb 67
a/a/b 12-72, 3 Oct 72
a/a/b 31-74, 3 Dec 74
a/a/b 6-75, 22 Apr 75
a/a/b 6-77, 3 May 77
a/a/b 14-79, 4 Sep 79
a/a/b 17-79, 2 Oct 79
a/a/b 22-81; 17 Nov 81
[Also see Chapter 535]
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
6. Motor Vehicle Regulations
Chapter 681 Impounding of Vehicles
Ord. No. 1-72, 1 Feb 72
Chapter 682 Truck Traffic
Ord. No. 11-79, 7 Aug 79
Chapter 683 Off -Roadway Regulations
Ord. No. 64-21, 4 Aug 64
a/a/b 18-73, 5 Jun 73
a/a/b 20-76, 5 Oct 76
a/a/b 6-78, 4 Apr 78
Chapter 685
Parking Regulations
Ord. No. 22-76, 18 Jan 76
a/a/b 14-82, 17 Aug 82
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE-
PAGE 9.
C. Regulations, Suppression & Prevention of Nuisances
Chapter 701
Animals Controlled
Ord. No. 10-70,
a/a/b 14-71,
a/a/b 16-71,
a/a/b 19-74,
a/a/b 7-78,
a/a/b 12-79,
a/a/b 21-81,
a/a/b 20-82,
a/a/b 20-83,
20
7
21
18
18
7
17
21
6
Oct
Sep
Sep
Jun
Apr
Aug
Nov
Dec
Sep
70
71
71
74
78
79
81
82
83
Chapter 703 Lot Clearing
Ord. No. 26-83, 3 Jan 84
D. Pollution Control
Chapter 711 Noise Abatement
Ord. No. 2-74, 5 Feb 74
E. Control and Regulation of Business. Activities
Chapter 721
Chapter 723
Chapter 725
Chapter 727
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
a/a/b 7-82, 4 May 82
a/a/b 12-83, 3 May 83
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,
a/a/b 24-81,
a/a/b 3-82,
a/a/b 20-82,
1 Oct
11 May
21 Sep
1 Mar
15 Dec
20 Apr
4 Jan
68
76
76
77
81
82
83
Public Area Construction
Regulations
Ord, No. 5-67, 19 Sep 67
a/a/b 8-83, 19 Apr 83
OUTLINE REVISED
17 JAN 84
CITY OF CAPE CANAVERAL CODE OUTLINE PAGE 10.
Chapter 729
Chapter 733
Chapter 735
Outside Concerts, Festivals or
Entertainment
Ord. No. 8-83, 19 Apr 83
Alcoholic Beverage Sale
Regulations
Ord. No. 23-72, 5 Dec 72
a/a/b .24-74, 31 Sep 74
a/a/b 29-74, 15 Oct 74
a/a/b 23-76, 21 Dec 76
a/a/b 19-79, 4 Dec 79
a/a/b 23-76, 21 Dec 76
a/a/b 19-79, 4 Dec 79
a/a/b 7-83, 19 Apr 83
a/a/b 23-83, 1 Nov 83
[Also see Chapter 604]
Regulations o.f Alcoholic Consumption
in a Commercial Establishment
Ord. No. 13-83, 7 Jun 83
Repealed 23-83, 1 Nov 83
F. Enforcement and Penalties
Chapter 801 Penalties
Ord. No. 15-75, 27 May 75
OUTLINE REVISED
17 JAN 84
Index
CITY OF CAPE-CANAVERAL CHARTER
INDEX
CITY OF CAPE CANAVERAL CHARTER
ART. I
§ 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 CHARTER
INDEX 12
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
Index 13
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 14
§ 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
CITY OF CAPE CANAVERAL CHARTER Index
§ 2 Voters pualifications, 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 CHARTER Index
8
§ 9
§ 10
§ 11
§ 12
§ 13
§ 14
Nepotism
Gender
Continuance of Officers and Ordinances
Freedom from Tort Liabilities
Notice of Damage Claim Required
Benefit from Contracts Prohibited
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, TOBE 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 Sovereignty. 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 common seal, and alter the same at pleasure;
*Additionally lots 13 through 20 inclus-ive, Banana River
Estates as recorded in Plat Book 10, page 1, of Brevard
County. Public Records. [Resolution No. 73-48]
Art. I
CAPE CANAVERAL CHARTER
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 territoriallimits 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 (aMayor-CouncilGovernment.
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
• 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
Taws 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 ithe benefit of the City;
.Art..Il
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
forthe purpose of condemning any real or personal property,
either within or without the corporate limits.of the City,
or within or without Brevard County,.F.lorida (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 partor parts thereof,
by pedestrians, bathers or, vehicles of any br_all kinds
and descriptions, including the power to restrict, limit,
regulate,, license, franchise, tax or.prohibit.the use of
theocean.beach for businesses, occupations or. -professions.
The. use .of .the ocean beach. . for .public.. recreatiorial 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 regulateand 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 theCity, and the location of such wires
underground in conduits or pipes;
•18. To regulate, prohibit, or control the erection,
constructionor 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
3
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 beexercised under-. the general
municipal zoning law of the State of Florida,. or under this
power without reference to or: control by said generallaw;
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 unneces'sary.noises,
or markedly decrease the value ofsurroundingproperty, 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-Cityor 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, drainingand 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 andtrash disposal within or.:without the corporate
limits of the City;
Art. II
CAPE 'CANAVERAL, CHARTER Art.:II
33. To regulateshipping 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 orperformed by public utilities,
whether operated by the City or by individuals or corpor-
ations; provided; however, thatsuch 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, thekeeping
of domestic and other animals within its. corporatelimits,
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 todo 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 exhibitionshow,.circus, parade
or amusement contrary to good. morals.and:to prohibit and
suppressthedistribution, sale or possession.. of obscene
pictures and literature;
1
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 peaceand 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;
4,5. 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 's;ums of money as may be repuired for
.Art- II
CAPE.CANAUERAL 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..municipa.ltaxation
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 bylaw 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--
fess-ions ,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 I sold or,served for .the . consumption on
the premises or sold -in containers for consumption off
the premises; or limit or. restrict the number. of..-
Art. II
CAPE CANAVERAL CHARTER; Art. III
persons who may 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 registered7
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 electors .therein. Any member. of the Coun-
cil 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 forfeit his office and his seat shall.immediately be-
come vacant. Absence from four consecutive, 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 ab-
sence'shall be excused by a resolution duly adopted by the
City Council. [Ord. No.. 14. 89, §. 1, 1.7 Oct 89]
Sec. 2 Appointed Officers. ,The City Councilshall have
the powertoappoint, 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 appoint-
ments and removalsshall be subject to the majority vote of
the City Councilmen. _The City Council shall fix the compen-
sat'ion of all appointed officers of the: City by.. resolution.
The . appointed "officers shall be„ those of ..the City Manager
and the City Attorney. [Amended by General Election, 8 Nov
83]
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 pay-
ment of the same. The first odinance to provide for the
compensation, if any, of, the Mayor or the Councilmen 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.
Such action shall be taken -thereafter at two-yearintervals
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 ,doll.ars .thereafter. The
compensation paid to the 'Mayor_ shall not exceed eight hund-
red dollars :per. year during the . first lour years such
compensation shall be paid or sixteen. hundred dollars per
year thereafter.
PAGE REVISED
17 OCT 89
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 Council Person, the City Council shall, with-
in thirty (30)' days following the occurrence of a vacancy,
elect a successor Council Person who shall serve until the
next General Election. At the next General Election, the
vacant position shall be filled by a vote of the electors
for the remainder of the original term. 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 until 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
°j'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 and
General Election, November 2, 1982]
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 be-
fore the Council as if he were a councilman. 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
ofa similar nature to the City Council which he deems
expedient and proper. The Mayor shall preside at meet-
ings of the City Council.
PAGE REVISED
2 NOV 82
Art. IV
CAPE CANAVERAL CHARTER .Art. V
Sec. 3 Election of Mayor.. The office of Mayor shall
be elected commencing with the general cityelection 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 shallmeet_ at such
time and place as may be prescribed by .or,dinance. or res-
olution. The Council shall hold,`a minimum of two meetings
per month. Special meetings maybe 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 acceptanceof 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 quorumtotransact 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, Councilshall 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. I.f 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
4fixed 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, allcomplaints,
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 professionalduties 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, fixthe regular compensation of
the City Attorney at a sum commensurate with the duties
which may be imposed uponhim bythis act and by the
Council, provided, that all: :specialor 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 Managershall
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 requiring 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 Manager from time to time. [Amended by General
Election 8 Nov 83]
ARTICLE IX
CITY TAX -ASSESSOR..
Sec. 1 Appointment and Duties. The City Council shall
appoint a City Tax Assessor. He shall serveat 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.
PAGE REVISED
8 NOV 83.
Art. IX
CAPE CANAVERAL CHARTER
Art. X
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 thefull.
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 Assessorfor
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 pver 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 orcominginto 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 Manager, -.shall
.appoint_ a City Treasurer. It shall.. be the,.duty of the
City.Treasurer to receive all•monies-and-.funds coming=in
or.belonging.to the City.for.taxes, licenses, fines and
from any and all sourceswhatever,.and he:shall,keep a
faithful and strict ,account of all such -monies and. funds,
and, shall paysame'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 Manager. The.City Treasurer shall prepare all checks
an'dvouchers to be drawn on the.City depositories, and
shall sign the same and present such.checks tothe Mayor,
or in his absenc,e.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 Manager, from time..to time,.
shall require of him.. [Amended by.General.Election, 8 Nov 83]
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.
PAGE REVISED
- 8 NOV 83
Art. XII
CAPE CANAVERAL CHARTER
Art. XII
Sec. 2 'Duties arid 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 theCity. 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 throughoutthe 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.. XhI
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 thereuntila hearing has been
had before the Municipal Court., unless such person or ,•
persons shall give proper security, in which event they
may 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 fivedollars:
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, theMunicipalCourt shall de-
clare such bond or security estreated, and such action
shall be recorded; upon the docket, and in such case the
Municipal Judge mav, 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 investedwith 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 therevenue 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 precludingtheMunicipal 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
suchagency shall performthose duties delegated to the
Chief of Police by this act.
L
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 maybe,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.arr.est,'
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
traffic ordinance or traffic law within said, municipality.
ARTICLE XIV .
FIRE DEPARTMENT
' Sec. 1 Authorization of Fire Department. .The City
may have a paid Fire Department whichcshall 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 fire-
men for attendance at Volunteer Fire Department meetings or
for answering fire alarms and calls, and the payment 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
extinguishment 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 tof him, subject to the
authority and instructions of the City Council. The Fire
Chief shall have and exercise control over the Fire Depart-
ment.
Note: See Appendix "A" regarding Fire Protection
Ordinance adopted by referendum on 11-5-85.
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
Manager 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 Manager 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 Manager,
and he shall provide surety bond in such an amount as may
be required by the City Manager for the faithful perform-
ance of his duties, which shall be as follows: [Amended by
General Election 8 Nov 83]
1. To exercise control and direct supervision over
all municipal utilities, utility contracts, repair and
maintenance of streets,•and wastewater collection and
treatment system. [Ord. No. 29-87, 20 Oct 87]
PAGE REVISED
20 OCT 87
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 Manager whose duty it is to see
that such action as might be necessary to'enforcethe same
is taken.
3. To have charge of the removal of garbage and trash,
or franchise thereof, andit shall be his duty to see that
the streets are kept clean.
4. He shall perform such other duties as the City
Manager from time to time, shall 'require df him.
[Amended by General, Election, 8 .Nov 83]
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 shallbe 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 controland 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 Councilwhich
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
Councilshall have the power to..establish -the .-compensation
of any person so appointed.
PAGE REVISED
8 NOV 83
Art. XVI
CAPE CANAVERAL CHARTER
Art. XVI
2. The Departmentshall 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, vegetablecompound, '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.
3
Art. XVII
• CAPE.CANAVERAL.CHARTER
Art. XVII
ARTICLE XVII
GENERAL FINANCE. PROVISIONS,
BUDGET, AUDIT ANDPURCHASING
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 BudgetCommitteeappointed
by the City Council from its.membership and such other
persons as it may decide, shall submit a.recommended budget
for theensuing. 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 otherindebtedness. of
,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;
A. 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
adoption, at such time and place as the Council may
direct, and notice of such public hearing shall be pub-
'lished in a newspaper of general circulation in
conformance with applicable State Statutes. It shall
also be on file and available to the public for in-
spection during office hours in the Office of the Clerk
for a period of not less than one week prior to such
:-`public hearing. [Ord. No..2$-87, 20 Oct 87]
Sec. 5 Adoption of Budget. Not later than the
second 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 ensuing 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 obligation for the expenditure of money be in-
curred, 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 appro-
`priation 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 in-
come 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 :shalldesignate the depository -or depos-
itories for City funds; shall provide for the regular
deposit of all City moneys, and shall provide for the
proper security of all City deposits.
PAGE REVISED
20 OCT. 87
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. Allpurchases and
contracts for publicimprovements 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
hereinwhen the estimated costs thereof shall ex-
ceed $3,000 shall be purchased by formal written
contracts from the lowest responsible bidder after
due noticeinvitingproposals.
(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. Thenewspaper 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 foropening
bids.
(b)'Bidders'List... The City shall also solicit
sealed bids from all responsible prospective
suppliers whohaverequested their names to
be added to a bidders list which the City.
shall maintain by sending them a copy of such
,newsp.aPer 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'.
PAGE REVISED
6 DEC 88
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 shallnot 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;
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 thebidder 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 papersrelating
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 shail-have.the authority
to- require a performance: bond before entering into
a•contract, in.suchamount as .theCity shall find
.reasonably necessary to protect.its best interest,
(11) Prohibition AgainstS.ubdivisiori. No contract
or purchase shall be subdivided -to avoid the
requirements of this section.
(12) Open Market 'Procedure. A11 purchases and public
improvements of less than -the estimated" value of
.$3.,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.
PAGE REVISED
6 DEC 88
lj
-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 eventtheopen 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
suchproc;urement is essential to prevent delays
in the work of the City which may vitally affect
the life, health or convenience of citizens.
Art. XVII
,CAPECANAVERAL,CHARTER Art. XVIII
A full report of the circumstances of an emergency pur-
chase shall be filed by the City Manager with the City
Council.at the next regular City Council meeting follow-
ing 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 Agencies.
Purchases'made from other governmental agencies or other
governmental agency bid lists, shall be exempt from the
provisions of this Section provided, however, that the
City Manager has reasonably determined that such pur-
chases are in' the best interest of the City. [Ord. No.
18-78,,§ 1, 21 Nov 78; Ord. No. 17-88, § 1, 6 Dec 88]
ARTICLE XVIII
REVENUE.AND TAXATION
Sec. 1 Property Subject to Taxation. All real and per-
sonal property in the City of Cape Canaveral not expressly
exempt by the laws of the State of Florida, shall be subject
to taxation for Citypurposes in the manner provided in the
laws of the State, and ordinancesand 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 Nov-
ember 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, de-
scribing the property and setting forth,the amount of the
tax. The City' Council may provide by ordinance for dis-
.counts for early payment of taxes and for penalties for
delinquent payment of taxes.
Sec. 3 Taxes ' are ' Lien on Real and Personal :Property.
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, asi taxes assessed upon real estate, and shall be
collected in the manner hereinafter,prescribed. Personal
PAGE REVISED
6 DEC 88
Art. XVIII
APE 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 bonds as 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
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
principaland interest.
Sec. 7 Board of Equalization Established. The City
Council shall, at its second meeting In August im'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 tohear.such-complaints-and:.,
to equalize and revise such assessments;: provided, that
the said Board shall not be required to remainin 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 be returned 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 containthe names of the owners of the real estate
Art.. XIX
CAPE CANAVERAL CHARTER: Art. XIX
to be sold or state that they are unknown, andshall 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 thetaxing 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 s.ettirg 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
APE CANAVERAL CHARTER
Art. XIX
Sec. 5 Form of Tax Sale Certificate Issued to Purchaser.
At the sale afores+aid, 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.
WITNESS my hand at City of Cape Canaveral, Florida,
this day of A.D., 19
CITY TAX COLLECTOR
City of Cape Canaveral,
Florida
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 inthe ,office
of'the Clerk of the Circuit Court, Brevard County, Florida,
and the record of such certificate kept in, the .office , f
the City Tax Collector shallbe 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 ''lieuof 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 opp.osite the entry of the sale for which, the
lost or destroyed certificate was issued, and shall, keep
and preserve the bond or guarantee executed bythe'appli-
cant in connection with the issuance of such duplicate
certificate.
Sec. 8 Transfer of Tax Sale Certificates. All tax,._.
salecertificates issued, whether to the City of Cape_
Canaveral or individuals, shall be transferable byen-
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 bemadeupon.the records
of the City Tax Collector upon payment of the fee of
twenty-five centsfor each certificate.
Sec. 9 Redemption of Tax Sale Certificate. All tax
sale certificates issued to the City of Cape Canaveral
shallbe 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 certificateior tax liens at any time after such sale
Art. XIX
APE CANAVERAL CHARTER
Art. ' XIX j
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
of any 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. CANAVEWIL 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
"City of Cape Canaveral," the same as
3. Forecloseisuch certificates in
after set out..
be issued
any other
to the
applicant.
the manner herein-
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 taxliens
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 coveringthe 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 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 Taxesagainst 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 propertydescribed therein will be sold to
the highest bidder atthe 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
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 additionto 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 evidenceof
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.
Tile 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 makea 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) normore than: fifty (50) days after the last pub-
lication.of said Notice..
Sec. 20 Deadline of Redemption. At anytime 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 omittedtaxes, and
the amountpaid 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 atone 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 t'ax "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 si.mi 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 hol"der,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
APE CANAVERAL CHARTER
Art. XIX
Sec. 23 Unclaimed"Tax Sale Funds. The City Clerk, if
on thefirst 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
(3.0).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,, makeapplication
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 the City. 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 aria 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 landshallcontinue Sub-
ject and liable for any unpaid taxes or assessment liens
thereon not included herein.
IN TESTIMO.NY WHEREOF, byvirtue 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
1.9 •
CITYOF : 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. X2X
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 eCity
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 FinaliDecree. The final decree in any such
action shall determine the amount due on the sale cer-
tificate and.omitted subsequent taxes" andsubsequent tax
sale certificates. including a reasonable attorney's fee.
and costs:, and 'the,
property described in the certificate
-,1
Art. XIX CAPE CANAVERAL CHARTER Art..XIX
shall be ordered sold,.:and shali.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 .p.arties
defendant.in the action.
Sec. 31... Sale of City -Owned Land'Obtained by'Foreclosure.
After the City has. obtained. a . Special...Mas.ter's Deed,, or. Clerk.'s
Certificate of Title, the City may selland'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
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 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 appearto 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 statedservices per-
formed by them, as set forth in the following schedule of
fees, to -wit:
Redemption of each tax sale certificate
and subsequent taxes
Sale and Assignment of each Tax Sale
Certificate and subsequent taxes
1.00
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
5.00
.25
.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
For Conducting Tax Deed Sale and mailing
notice -
Mailing of notice of sale at request of
owner, for each copy
Payment to owner of proceeds of Tax Deed
Sale (for one hundred dollars or fraction
thereof)
/,
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 andempowered to issue negotiable bonds
of the City for the purpose:of.opening, constructing, ex-
tending, comparing,"reconstruction or improvingstreets,
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 orother-
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 payabl.e.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. ofthe 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-
vsions 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 `.ahy'purpose which shall be approved by the
freeholders.
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 improvement certificates
payable only from assessments from public improvements,
may bear'interest coupons to be signed with 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..f.ixed
by the City Council, not exe.eeding...the.prevail.ing.market,
rate for similarly rated bonds, payable as.may..be determined
by the City Council, and not to exceed fifty (50) years
from the date thereof. Ord. No. 17-81, 51, 8 Oct 81;.
Ord. No. 5-85, 51; 19 Feb 85]
Sec. 9 Bond. Resolution or Ordinances Required.
Prior to the issuance of any such bonds or_certificates
of indebtedness,. 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.letting
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 improvements.
Sec. 11 Conflict of Interest. . No member of. the City
Council or any officer of the City shall be dir.ectly.:or in-
directly interested in the purchase from. .the Ci_t.y .of, any
bonds or other obligations of the City, .nor any such person
be directly or indirectly interested in any contract to
issued by the City in excess of. One Hundred dollars ($100_.00).
PAGE REVISED
19 FEB 85
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 72]
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 fora 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 withrespect to
any proposed ordinance shall set out the proposed or-
dinancein 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
Tiled with the City Clerk as one instrument within thirty
130) days ofthe 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 ordinanceto the majority
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 ofgeneral 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. Referendumelections
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 paperwhich
shall have printed upon it the 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 therightof 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 buildingsor 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 theauthority 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, sawdustor debris of any kind, or
woods or high grass produces and harbors mosquitoes 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
75
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 .(l0) . 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) -daysmnor'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 addressof said property
owner is unknown to such officer or City Clerk, the notice
provided inSection4 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
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 saidnuisance 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 (100) 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 factand 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
79
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
expenseof 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 Tien 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 inequity 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
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 tobetaxed 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 and. other, lien holders. as may be
deemed necessary and advisable by,.the City Attorney, and
may include the foreclosure of such liens 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 effectivelupon its adoption and no land shall be
annexed by this method except lands owned by the person
requesting such annexation; or
Art. XXIII
CAPE CANAVERAL CHARTER Art. XXIV
3. Upon written request of ten percent (100) of the
qualified electors residing, in -any area contiguous tothe
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 residinginthe ..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
Ieast 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 propertysituated
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 structurejin the City, and to provide penalties for
the violation of such codes.
Art. XXIV
CAPE CANAVERAL CARTER Art. XXIV
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
o±:::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. Everyordinanceshall 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 hearing
shall from time to time be adjourned, such ordinance shall
be -read in full or by title and, after such reading, all
persons interested shall be given an opportunity to be
heard. After such hearing, the Council may finally pass
such ordinance with or without amendment. The second pas-
sage of any ordinance pursuant to this act shall be final
and no further passage shall be required. (Ord. No. 20-81,
§ 1, 17 Nov 1981]
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
REVISED PAGE
11-17-81
Art. XXIV 1CAPE CANAVERAL CHARTER Art. XXIV
.c.aused_the amended sections -to. be posted at. :.._least once,
_
together: with aNotice of- the Council meeting' when -such
amended: ,ordinance; :will-• be-: further considered; : which post7.
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 atany 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 i.ts 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
_.:-Hbwever- ; =.=ally ordnanceslevying:= taxes--sr.ail-=--
Art. XXIV CAPE CANAVERAL CHARTER
Art. X}CIV
published:;one--(1) time-_.iri=_;a newspaper-: of general: circulation -in -
the
City and p County. Except as to
ordiri = nceslevyingltaxes it "shallanotbe necessary to' pubi sh
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 requirements 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, privileges 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 ar^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
administered 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, papersor 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
REVISED PAGE
12-1-92
Art. XXIV. CAPE CANAVERAL CHARTER
Art. XXIV
a salaried position with the City of Cape Canaveral. No member
of the immediate" family of the Mayor or a member of. the City
Council- shall: be- eligible to • be a. member of any- board, -
commission, or special district of which the members are
appointed by the City Council. Only one (1) immediate family
member may serve on any such board, commission, or special
district at one time. Each applicant for any such board,
commission or special districtmust declare under oath that no
immediate family_ member is the Mayor, a member of the City
Council, or a member of any such board, commission or special
district in orderto be .eligible for .appointment. . Immediate
family ..shall be deemed to include spouse, parent, .child,
grandparent, grandchild,: and: sibling of the whole or half blood.
[Amended by General Election, November 3, 1992.]
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 Liability. No suit shall be
maintained against the City of Cape Canaveral for damages
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 negligence 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 thirty (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
REVISED PAGE
12-1-92
Art. XXIV
CAPE CANAVERAL CHARTER Art. XXIV
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 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 withthe City
of Cape Canaveral, nor shall such member, officer, agent or
employee accept personal gifts, gratuities 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
of the Secretary of State on May 16, 1963.]
REVISED PAGE
12-1-92
CAPE CANAVERAL CHARTER
APPENDIX A
Article XIV, Fire Department, is hereby amended as
follows:
THAT THE COUNCIL SHALL PASS NO ORDINANCE, resolution,
or motion obligating or authorizing the City to establish
or operate a Fire Department, or to build or acquire a
Fire Station, or to contract for fire protection services
with any person, governmental entity or corporation other
than the Cape Canaveral Volunteer Fire Department, Inc.,
without such plan or proposal having been first approved
by a majority vote of the qualified electors of the City
voting in a general election or one held for this purpose.
Nothing herein shall prevent the City or Cape Canaveral
Volunteer Fire Department, Inc., from entering into a
Mutual Aid Agreement with any municipality, Brevard County
or any private or federal agency for the purpose of supple-
menting the fire protection services provided by the Cape
Canaveral Volunteer Fire Department, Inc.
FURTHER PROVIDING that any action previously taken by
Resolution, motion or otherwise to establish or operate
a Fire Department or to build or acquire a Fire Station
shall be terminated or stayed until brought into compliance
with this Section.
Note: This amendment was placed on the ballot as a
referendum question and adopted by the voters at the
General Election held on November 5, 1985.
§ 201.01 - RECORDS § 201.03
CHAPTER 201
RECORDS
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 bythis reference is made a part
hereof, are notrequired 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 groupingsonly
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,jis 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 PRXEDEXIE
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. A11 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. 203.0.8 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:;
?6
§ 203.08
PUBLIC RECORDS ,P
UE
§ 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 Interdepartment Materials.
All interoffice and interdepartment documents, papers,
letters, or other materials classified as public records
under § 11,9.011, 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]
00
§ 207. 01 PERSONAL PROPERTY CONTROL § 207.01
CHAPTER 207
PERSONAL PROPERTY CONTROL
Sec. 207.01 General.
(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-
ertycontrol 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 asprescribed 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.
§ 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.-2 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. Plectron Receivers
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 1
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 Audio 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
§ 207.02
PERSONAL, PROPERTY CONTROL
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. Postag.e Scale
10. Photocopier
11. Stenomachine
12. Time Clock
13. Timestamp
14. Typerwriter/
Electric
15. Typewriter/
Manual
SHOP EQUIPMENT
1..
2.
3.
4.
5.
6.
7.
8.
9.
10.
11..
12.
13.
14.
15.
16.
17.
18.
19.
20.
21.
Air Compressor
Dial Test Indicator
Drill
Drill Index Set
Driver Set
Grinder
Hoist
Jack
Ladders
Punch & Chisle Set
Saws
Socket Set
Tap & Die Set
Tool Bench
Tool Box
Tool Cart
Turbine Tool Kit
Vise
Welding Equipment
Wheelbarrow
Wrench Set
§ 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
§ 207.02
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.
§ 207.02 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 - 1C
(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 thetotalsin 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 thisledger should equal the
totalsin 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 theclasscontrol 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
§ 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 be.mar.ked 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 o.r 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 tagsor marksshould 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,Hleft corner.
(d) Rugs. Reverse side of a corner.
§ 2 0 7. 0 4 PERSONAL PROPERTY CONTROL
§ 207.06 r'
(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 19741
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) Information 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
§ 207.06
PERSONAL PROPERTY CONTROL
SI 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) Adjusting the 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]
§ 211.01
ELECTION PROCEDURE
CHAPTER 211
ELECTION PROCEDURE
§ 211.05
Sec. 211.01 Election Code Adopted. The Florida
Election 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 re-
sponsibility of state and county officers, board and
bodies set forth in the Florida Election Code shall apply
to the corresponding municipal entities in the conduct -
of municipal elections. [Ord. No. 1-75, §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, §2, 4 Mar 1972]
Sec. 211.03 Polling Place 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, §3, 4 Mar 1975]
Sec. 211.04 Qualifying Period. The Qualifying
Period for candidates for the offices of the Mayor and
City Council of the City of Cape Canaveral, Florida, shall
be at any time after noon of the 63rd day prior to the
General Election, and no later than noon of the 49th day
prior to the date of the General Election. (Ord. No. 10-82,
§1, 18 May 1982]
Sec. 211.05 Qualifying Period for Write-in Candidates.
The qualifying period for write-in candidates for the
Offices of the Mayor and City Council of the City of Cape
Canaveral, Florida, shall be at any time after noon of the
49th day prior to the date of the general election and no
later than noon of the 46th day prior to the date of the
General Election. [Ord. No. 18-85, §1, 19 March 1985]
Page Revised
19 Mar 85
231.01
GENERAL ORGANIZATION
CHAPTER 231
GENERAL ORGANIZATION
§, 231.11
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 (5) members who are elected
at large by the registered electors of the. City. Two
(2) members are elected each year to three (3) year
terms except on every third year only one (1) member,
who is also the mayor, is elected to a three (3) year
term. Further, should any general election include the
election of a council person due to a a vacancy in that
office pursuant to Article 3, Section 4 of the Cape
Canaveral Charter, then in that event the unexpired
term shall be filled by the candidate receiving the
third greatest number of votes (or the second greatest
number of votes in third year elections involving only
the Mayor). Should more than one (1) vacancy be fil-
led at the election, then those receiving the.greatest
number of votes shall be declared elected for the long-
est term. [Ord. No. 33-73, §1, 18 Sep 73; Ord. No. 2-
84, §1, 21 Feb 84; Ord. No. 11-89, §1, 14 Sep 89]
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, §3, 18 Sep 73; Ord. No.
2-84, §1, 21 Feb 84]
Sec. 231.04 Mayor Pro Tem. The Mayor Pro Tem 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 Mayor. [Ord. No. 33-73, §4, 18 Sep 73; Ord. No.
2-84, §1, 21 Feb 84]
Sec. 231.05 Standing Committees of Councilrnembers.
A. Committee on Zoning Regulation. [Ord. No. 33-73,
55, 18 Sep 73; Ord. No. 2-84, 51, 21 Feb 841
Sec. 231.11, City Manager. The City Manager is ap-
pointed by the City Council and shall serve at the
CHAPTER REVISED
14 SEP 89
§ 231.11
GENERAL ORGANIZATION § 231.11 1!'
pleasure of the Council. The City Manager shall be the
Chief Administrative Officer of the City and shall be
responsible to the Council for the departments and divi-
sions of responsibility as shall be necessary and
proper for administration of the affairs of the City
and performance of its municipal functions. The City
Manager shall have the following powers and duties:
A. To provide sustained adminstrative leadership and
coordination of staff and board activities in carrying
out the acts and directives of the Council, through
overall supervision and coordination. In this capac-
ity, 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,
coordinate, and manage the administrative affairs of
the Council.
D. To prepare and submit the annual budget to the
City Council.
E. To appoint and, when deemed necessary for the
good of the service, to suspend or remove all City em-
ployees and appointive administrative officers provided
for, by and under the City Charter, except as otherwise
provided by law, the Charter, or personnel rules. The
Manager may authorize any administrative officer who is
subject to the Manager's direction and supervision to
exercise these powers with respect to. subordinates in
that -officer's department, office or division.
F. To direct and supervise the -administration of all
departments, offices and divisions of the City, except
as provided by the City Charter or by law.
CHAPTER REVISED
14 SEP 89
§ 231.11
GENERAL. ORGANIZATION § 231.31
G. .To perform such other duties as .are specified in
the City Charteror may be required .by the City .Coun-
cil. [Ord. No. 33-73, 18 Sep-73; Ord. No. 2-84, §1, 21
Feb 84]
Sec. 231..13 Deputy City Manager. .The. City.,. Clerk
may 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. .[Ord., No. 33-73, 18 Sep 73; Ord. No. 2-84, §1,
21 Feb 84]
Sec. 231.21 City Clerk. The City Manager, shall
appoint a City Clerk. 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.
D. To issue all licenses and instruments of author-
ity 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. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84,
51, 21 Feb 84]
.Sec. 231.23 .Deputy City Clerk., The City Manager
may appoint one or more Deputy City Clerks who shall
act for the City Clerk and be responsible for the. func-
tions of the office. [Ord. No. 33-73, 18 .Sep 83; Ord.
No. 2-84, §1, 21 Feb 84]
Sec. 231.31 City Attorney. The City Council shall
appoint a City Attorney who shall serve at the pleasure
of. the City Council.. The City Attorney has the.,follow-
ing duties and responsibilities:
A. To advise and represent the Council in matters of
litigation.
CHAPTER REVISED
14 SEP 89
§ 231.31
GENERAL ORGANIZATION 6 231.41
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 interpre-
tations concerning procedural rules, to prepare
ordinances 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 andsuch.. other- internal
legal problems as may arise.
G. To directly administer and supervise the units of
the office. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84,
S1, 21 Feb 84]
Sec. 231.33 Deputy City Attorney. The Council may
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. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84,
§1, 21 Feb 84]
Sec. 231.41 City Treasurer. The City Manager shall
appoint a City Treasurer. The City Treasurer has the
following duties and responsibilities:
A. To receive all monies and funds coming in or be-
longing to the Cityfor taxes, licenses, permits, fines
and from any and all sources whatever, and keep faith-
ful and strict account of all such monies and funds,
and pay same out only upon the order of the City Coun-
cil, made in pursuance of law and ordinance.
B. To keep a strict account of each fund seperate
and as directed by the City Manager and City Council.
C. To prepare all checks and vouchersto be drawn on
the City depositories, and to sign the same and present
lJ,
CHAPTER REVISED
14 SEP 89
\1
§ 231.41
GENERAL ORGANIZATION § 231.61
such checks to the Mayor, or in his absence to the
Mayor Pro Tem, to be countersigned as provided herein.
D. To collect monies pursuant to directive of the
City Manager and City 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. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84,
§1, 21 Feb 84]
Sec. 231.43 Deputy City Treasurer. The City Man-
ager may appoint a Deputy Treasurer who shall act for
the City Treasurer during sickness or absence of the
City Treasurer and shall be responsible for the func-
tions of the office. [Ord. No. 33-73, 18 Sep 73; Ord.
No. 2-84, §1, 21 Feb 84]
Sec. 231.51 City Engineer. The City Engineer is
designated by the City Council and is directly respons-
ible to the Council.- The City. Engineer •has the follow-
ing 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 re-
view, and such internal engineering problems as may be
directed by Council.
C. To directly administer and supervise the units of
the office. [Ord. No. 33-73, 18 Sep 73; Ord. No. 2-84,
§1, 21 Feb 84]
Sec. 231.61 Superintendent of Public Works. The
City Manager may appoint a Superintendent of Public
Works. The Superintendent has the following duties and
responsibilities:
A. To exercise control and direct supervision over
all municipal utilities, utility contracts, repair and
CHAPTER;REVISED
14 SEP 89
231.61
GENERAL ORGANIZATION
§ 231.151
maintenance of streets, and wastewater collection and
treatment systems.
B. 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 Manager whose duty it
is to see that such action as might be necessary to
enforce the same is taken.
C. 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.
D. He shall perform such other duties as the City
Manager, from time to time may require of him. [Ord.
No. 2-84, §1, 21 Feb 84; Ord. No. 30-87, §1,20 Oct 87]
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 66; Ord. No. 9-73, 1 May 73; Ord. No. 2-84, 51,
21 Feb 84]
Sec. 231.111 Zoning. Board of Adjustment General
Authority. The authority and related functions of the
Building Board of Adjustment shall be as set forth in
Chapter 645. [Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231.121 Building Board of Adjustment General
Authority. The authority and related functions of the
Building Board of Adjustment shall he as set forth in
Chapter 611. [Ord. No. 2-84, §1, 21 Feb 84]
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. [Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231.141, Zoning and Planning Board General Func-
tions. The functions of the Zoning and Planning Board
shall be as set forth in Chapter 257. [Ord. No. 53-73,
1 Mar 74; Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231.151; Beautification Board General Functions.
The functions of the Beautification Board shall be as
,CHAPTER REVISED
14 SEP 89
§ 231.151
GENERAL ORGANIZATIONI §,231.171
set forth in Chapter 251. [Ord. No. 11-68, 5 Nov 68;
Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231.161 Recreation Board. General Functions.
The functions of the Recreation Board shall be as set
forth in Chapter 255. [Ord. No. 64-24, 18 Aug 64; Ord.
No. 33-73, 18 Sep 73;.Ord. No. 2-84, §1, 21 Feb 84]
Sec. 231.171 Code -Enforcement Board General .Func-
tions. The functions of the Code Enforcement Board
shall be as set forth in Chapter 265. [Ord. No. 2-84,
§1, 21 Feb 84]
CHAPTER REVISED
14 SEP 89
251.01
BEAUTIFICATION BOARD
CHAPTER 251
BEAUTIFICATION BOARD
§ 251.01
Sec. 251.01 Establishment, Membership, Terms,
Qualifications. A Beautification Board, which shall
consist of seven (7) members and two (2) alternate
members, is hereby established. All Board Members
shall be residents of the City for at least 12 months
immediately preceding appointment. 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 year.
The terms shall expire 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.
(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 first
and second alternate members.
(C) At such time as the first alternate member
loses his alternate status by leaving the Board, or by
appointment as a permanent Board Member and thereafter,
thefirst alternate Board Member shall be that alternate
Board Member with a longer service as an alternate 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 shallact in the place of the absent first
alternate, including the right to vote on all matters before
the Board at that meeting. [Ord. No. 11-68, §1, 5 Nov 68;
Ord. No. 26-84, §I, 15 Jan 85]
CHAPTER REVISED
15 JAN 85
§ 251.02
BEAUTIFICATION BOARD § 251.05
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 68]
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 in-
dividuals. [Ord. No. 11-68, §3, 5 Nov 68]
Sec. 251.04 Coordination with Zoning and Planning
Board. The. Beautification Board shall appoint one (1)
member to serve as a representative to the Zoning and
Planning Board, to act as an advisor to the Zoning Board
on matters of City beautification. [Ord. No: 11-68; §4,
5 Nov 68]
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 beautifi-
cation 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 obli-
gations'which would be enforceable against the City unless
prior approval therefore has been obtained from the City
Council. [Ord. No. 11-68, §5,.5 Nov 68]
CHAPTER REVISED
15 JAN 85
1;1. § 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) There is hereby created a. Library Board to
consist of five (5) members. and two (2)' alternate members.
Such membership shall serve at the pleasure of, the City
Council and shall be appointed for two (2) year termsby
the City Council. The terms shall expire in the month
of October of each year. The Board shall hold,an organiza-
tional meeting at their November meeting each year and
from their permanent membership elect a chairman who shall
hold office for a period of one year. All Board members
shall'be residents of the City for at least twelve (12)
months immediately preceding appointment.
(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 supervision 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;
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; Ord. No. 5-80,.5 1, 4 Mar 1980;
Ord. No. 2-86, § 1, 4 Feb 1986]
PAGE REVISED
4 FEB 86
S 253.03
LIBRARY BOARD
253.07
Sec. 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 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 acquiredfor
the erection, maintenanceor 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
PAGE REVISED
.4 FEB 86
S 253.07
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.;. , fi'x andimpose 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 carryout the spirit and intent of
the law, in establishing.and maintaining'a-public library
and reading room. [Ord. No: 9-73, § 1, l May 19731
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 characterofbooks 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 19731
Sec. 253.11 Penalty for Violation of Rules Recovered
by Civil Action!. Penalties imposed or accruing by any
by-law or reguliation of the library board may be recovered
§ 2 5 3.11 LIBRARY : BOARD § 253.14
1
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
Sec. 255.01 Recreation Board -Established. There
is hereby created a.Recreation Board to consist of
seven (7) members and two (2) 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. The terms shall expire in the
month of October of each year. 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 officers whom
they may designate. Such Chairman shall serve for one.
(1) year terms and the Board shall elect its Chairman
annually at their regularmeeting in November. All
Board members shall be residents_of the City for at
least 12 months immediately preceding appointment.
(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 first,
and second alternate members.
(C) At such time as the first alternate member loses
his alternate status by leaving the. Board, or by appoint-
ment as a permanent Board Member and thereafter,. the
first alternate Board Member shall be that alternate
Board Member with a longer service as an alternate 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 77; Ord. No.
27-84, 51, 15 Jan 85]
PAGE REVISED
lc .TZT'T Q S
§ 255.02
RECREATION BOARD ` § 255.02
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]
PAGE REVISED
§_263.01
COMMERCIAL. DEVELOPMENT BOARD
CHAPTER.263
§ 263.02
COMMERCIAL DEVELOPMENT BOARD
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 follows g 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 usein commercial development.
(Coordinate with Planning and Zoning Board.)
(3) A determination of the commercial needs of the
citizensofCape 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:
§ 263.02
O. I I .11'.
IAL DEVELOPMENT BOARD
§ 263.04
(1) Cocoa Beach Area Chamber of Commerce
(2) Canaveiral 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 supercedathe 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
17 S 263.04
IAL -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, 5-4,
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 Board
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]
S 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
§ !271.02
INITIATION AND NOTICE OF MATTERS BEFORE COUNCIL
§ 271.05 Preparation of Ordinances and Resolutions
§ 271.06 Preparation and Notice of Agenda
OFFICERS AND OFFICIALS AT MEETINGS
§ 271.07 Presiding Officer
§ 271.08 Council Members Areas of Interests
§ 271.09 City Clerk
§ 271.10 City Manager
§ 271.11 City Attorney
§ 271.12 Sergeant -At -Arms
CONDUCT OF MEETINGS
§ 271.13 Call to Order; Quorum; Roll Call
§ 271.14
§ 271.15
§ 271.16
§ 271.17
§ 271.18
Minutes
Consideration of. Matters before Council
Adoption
General Discussion
Adjournment
•
§ 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 lat 7:30 o'clock in the evening, to infor-
mally discuss matters relating to City business. These
meetingsshall normally be held in the City Hall of the
City of Cape Canaveral, 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]
rU
§ 271.05
Sec. 271.05
COUNCIL PROCEDURES , § 271.06
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, §1.05,
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
COUNCILPROCEDURES
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 thenbe 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 Jul1976]
Sec. 271.07 Presiding Officer. The presiding officer
of the Council is the 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 atthe 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 'ands revenue, elections, Chamber 'of Commerce,
City Attorney, City Manager, Library, sewage, drainage,
§ 2 71. 0 8 COUNCIL PROCEDURES 51 271.13
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 pri-
mary 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 1973]'
Sec. 271.10 City Manager. The City Manager shall be
present and prepared to advise the Council on matters
within his responsibility.at all Council meetings, unless
excused by Council. [Ord. No. 5-73, 5 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. 5773, § 1.11, 3 Apr.19731
Sec. 271.12 Sergeant -At -Arms.. The Chief Law Enforce-
ment Officer, or such other City Official or Employee as
the Chief may designate, shall' be the'Sergeant-At-Aims
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. The Sergeant -At -Arms shall be present at
.regular council meetings when so requested by any member
of the.City .Councilor by the City Manager.. [Ord. No.
5-73, § 1.12, 3'Apr 1973; Ord. No. 2-82,-5 1, 2 Feb 1982]
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-
1 bers in alphabetical order,'and the names of those present
shall be entered in the minutes.
PAGE REVISED
4-22-82
271.13
COUNCIL PRCCEDURES
§ 271.15
(C) If a quorum is not present at the roll call, no
further business shall be transacted and a recess shall
be automatic fora 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.
/u
§ 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 axe by these rules imposed upon all members and
shall'notbe deprived of any of the rights and privileges
of a councilman by reason of his being thepresiding,
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 discussior
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 shallrecord 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 declarethe 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]
yL, •§ 3.01.01
REIMBURSEMENTS 5 301.03
CHAPTER 301
REIMBURSEMENTS
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-
questingreimbursement 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 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]
FORM D-101
CITY OF CAPE CANAVERAL
.TRAVEL VOUCHER
ITEMIZED STATEMENT OF TRAVELING EXPENSES.
DATE
DEPARTED FROM
PLACE
ARRIVED. AT
PLACE
. AUTO
MILEAGE
EXPENSES
LODGING . MEALS., MISC. ITEMS • 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:
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 .usLlal_1y, traveLec .
TITLE:
Name:
Signature of Traveler
Type or Yrin.t
§ 311.01 COUNCIL COMPENSATION § 311.02
CHAPTER 311
COUNCIL COMPENSATION
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 73; Ord. No. 25-87, § 1, 1 Sep
87; Ord. No. 7-88, § 1, 7 Jun 88]
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
Canaveral shall be $1,200.00 per year. (Ord. No.
14-73, § 2, 3 Apr 73; Ord. No. 25-87, § 1, 1 Sep 87;
Ord. No. 7-88, § 1, 7 Jun 88]
PAGE REVISED
7 JUN 88
66 S 353.01
EMPLOYEE .INSURANCE
CHAPTER 353•
;EMPLOYEE INSURANCE
§ 353.05
Sec. 353.01 Old Age and Survivors, Insurance Effected.
It is herebydeclared 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 employeesand 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, S.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
353.05
EMPLOYEE ,INSURANCE
§' 3.5'3. 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]
/'
§ 411.01
GAS SERVICE
CHAPTER 411
GAS.. SERVICE
§ 411.03
Sec. 4.11.01 Gas Service Franchise Definitions.' For
thepurposeof this franchise,thefollowing 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 thesingular number include the plural number.
The word "shall" is always mandatory andnotmerely 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 jur d ction 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,
includingconduits, 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 corporationsbeyond the limits thereof. [Ord. No. 5-66,
§ 2, 1.8 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
§ 411.03
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 of $1.50 per meter..
First
Next
Next
Next
Next
All over
3 therms at
7 therms at
20 therms at
30therms at
40.therms at
100 therms at
COMMERCIAL AND INDUSTRIAL FIRM SERVICE
Monthly rate:
First
Next
Next
Next
Next
All over
INTERRUPTIBLE
Minimum monthly bill
5
12
33
50
1000
2000
therms
therms
therms
therms
therms
therms
at
at
at-
at -
at
at
INDUSTRIAL SERVICE
First
Next
Next
Next
All Over
8000 therms
12000 therms
20000 therms
.60000 therms
10 0 00 0 - therms
at
at
at -
at
at
50.00 per
20.00 per
18.00 per
16.00 per
14.00 per
12.00 per
therm
therm
therm
therm
therm
therm
of $3.00 per meter.
40.00
35.00
22.00
14.00
13.00
8.00
8.00
6.00
5.50
5.00
4.00
per
per
per
per
per
per
per
per
per
per
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 5 411.03
INTERRUPTIBLE SURPLUS GAS SERVICE
First 15000 therms at 4.20 per therm
All over 15000 therms at 3.6¢..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.
Minimummonthly 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 effectivedate. 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 sa1e 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.
(II) In the event that at any time during the' period of
this franchise; 'the 'City shall elect to alter or change any
§ . 411.0 5 GAS SERVICE
street, alley, easement of_other.pub.lic way:requiring the
relocation .of the facilities; of the . Company,..then:. in ,such
event,: the Company upon..reas.onable notice-by.the City_;. shall
remove, relay. and relocate its mains. or service pipes, 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 S. 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. extensionsof.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 extensionshall 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. Thatprior 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.
?la § .411.12
GAS . SERVICE
§ 411.13
Eachsuch. insurancepolicyshall 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, andtheCompany
must have a management rating in Bests -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 $1,00.0,000.00 for injury or death to all persons
where there is more than one person involvedin 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 Ci,ty,.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. 411o13;_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 suc,cessors.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 GAS SERVICE § 411.16
at the end of each five (5) yearperiod upon ninety (90)
daysnotice 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; inwhich 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
o•f 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 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 orany ;material portions there-
of, or the failure promptly to perform any of the provisions
thereof, shall be cause for the forfeiture ofthis franchise
and all rights hereunder by the City after written notice
to.the .Company and continuationof such violation, failure
or default, shall cause said franchiseto.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 keepan accurate
map showing the location of all gas -mains and service pipes
laidand 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 ofhe City, -and for the general welfare and
safetv,.,pf r its ..ci ti.zens and the protection ;and .safeguarding
§ 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 suchregulations 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 transmission and 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 -bet 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
toascertainthe 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.
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
underthis 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 customerson
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 maybe 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 td submit other proof of the
quality oflthe gas, in lieu of individual tests
made on the City mains, where such 'proof of quality
S 411.18
GAS .SERVICE
§ 4.11.18
is prepared for and accepted by other cities being
served by the same Company onthe 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 Companyshall maintain
a graphic, recording pressure gauge at a point in
the distribution system to be:designated by the City
as typical ofaverage 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. whereit 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,.upontest, it is
found that such meter overruns to the extent of
more thanitwo 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 § 411.20
of accuracy but for not longerthan 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 (21) 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 her:eund'er '
/ 57
$ 411.20
GAS.. SERVICE
§ 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. authorityto, 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 shallbe closedto 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 thisfranchise, all theright, .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 allsums due the City
by the Company as such sums accrue and become due and
payable. [Ord No. 5-66, § 21, 18 Jan 1966]
§ 411.22
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 toanother 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, 1a Jan 1966]
§ 411.26
MS 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]
c-5 § 413.01
TELEPHONE 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]
§ 415.01
CABLE TV SERVICE
CHAPTER 415
"CABLE TV SERVICE
§., 415.03
Sec. 415:01 Short Title. This franchise shallbe
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 includethe 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 tear on,"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
totheCity 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
CALBE 'IV SERVICE
§ 415.04
City of Cape Canaveral, Florida, a plant or.plants'and/or
system or systems for the distributionand reception of
television signals for all purposes whatsoever,for a
period of timebeginningon 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 inn -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 d.istribution. 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. 0 7 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
$ 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,
by ordinance or otherwise, shall bereasonable, 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 lifeofthis franchise, freeof
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 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 . 0 8 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
§ 415. 0 9 CABLE TV SERVICE
§ 415.10
the Commission in 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 be 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 installationor 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
§ 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 sufficient demand 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
.1
§ 415.17
CABLE TV 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.
/'
§ 415.18
CABLE TV: SERVICE § 415.21
(formerly known as Five Beaches Cable T.V., Inc.) shall
provide these organizationswith 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) Regula.ted 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 anyparticular 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 righttoterminate 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]
§ 417.01
W TER 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. 0 5 WA'1'ER 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
theinhabitants 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. Priorto the construction
Lc°
§ 417. 0 7 .L Rt SERVICE § 417.09
of said system, or any extension or addition, the City of
Cocoa, Florida, shall submit to 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 . 0 9 LATER 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 anygovernment 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. 417.1.0 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, 5 11, 21 Sep 1964]
Sec. 417.12 Exemption from Taxation. The right
privilege, franchise and easement herein granted, and the
§ 417.12
WATER SERVICE
§ 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 thewater
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 any wise incur
or suffer by reason of the execution or performance of
this section. [Ord. No. 38-64, § 14, 21 Sep 1964]
§ 417.15
WIER SERVICE § 417.25
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]
Sec. 417.25 Minimum Water Main Size. The minimum
water main size to be installed within the City Limits
of the City of Cape Canaveral shall be a six inch (6")
water main. Wherever practical, an eight inch (8.")
water main shall be installed to insureadequate future
water supply. All new water mains shall be first
reviewed by the Building Official and Fire Marshal to
insure that an eight inch (8") or larger line is installed
if practical, and if not, the minimum six inch (6") line
is installed. [Ord. No. 6-83, § 1, 5 Apr.83]
PAGE REVISED
5 APR 83
a0 c,
§ 419.01
FTFCTRIC POWER SERVICE
CHAPTER 419
ELECTRIC POWER SERVICE
§ 419.04
Sec. 419.01 ,Electric Light and Power Franchise Granted;
Terms. There is hereby granted to Florida Power and Light
Company (herein called the "Grantee"), itssuccessors and
assigns, the non-exclusive right, privil-ege or franchsie
to construct, maintain and operate in, under, upon, over
and across the present and future streets, alleys, bridges,
easements and other public places in 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 accept-
ance 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 the Grantor and its successors,
and inhabitants thereof, and persons and corporations be-
yond the limits thereof. [Ord. No. 25-81, § 1, 15 Dec 1981]
Sec. 419.02 Acceptance to be Filed. As a condition
precedent to the taking effect of this grant, the Grantee
shall have filed its acceptance hereof with the Grantor's
Clerk within thirty (30) days hereof. [Ord. No. 25-81,
§ 2, 15 Dec 1981]
Sec. 419.03 Regulation of Facilities. The facilities
of the Grantee shall be so located or relocated and so
erected as to interfere as little as possible with traffic
over said streets, alleys, bridges and public places, and
with reasonable egress from and ingress to abutting prop-
erty. The location or relocation of all facilites shall
be made under the supervision and with the approval of
such representatives as the governing body of the Grantor
may designate for the purpose, but not so as to unreason-
ably interfere with the proper operation of the Grantee's
facilities and service. When any portion of a street is
excavated by the Grantee in the location or relocation
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 replaced by the
Grantee at its expense and in a condition as good as it
was at the time of such excavation. [Ord. No. 25-81, § 3,
15 Dec 1981]
Sec. 419.04 Liability Limited. Grantor shall in no
way be liable or; responsible for any accident or damage
PAGE REVISED
12-15-81
§ 419.04 FTFCTRIC POWER SERVICE
§ 419.07
that may occur in the construction, operation or mainte-
nance by the Grantee of its facilities hereunder, and the
acceptance of this ordinance shall be deemed an agreement
on the part of the Grantee to indemnify the Grantor and
hold it harmless against any and all liability,loss, cost,
damage or expense which may accrue to the Grantor by reason
of the negligence, default or misconduct of the Grantee in
the construction, operation or maintenance of its facilities
hereunder. [Ord. No. 25-81, § 4, 15 Dec 1981]
Sec. 419.05 Rates to be Reasonable. All rates and
rules and regulations established by the Grantee from
time to time shall at all times be reasonable and the
Grantee's rates for electricity shall at all times be
subject to such regulation as may be provided by law.
[Ord. No. 25-81, § 5, 15 Dec 1981]
Sec. 419.06 Franchise Fee Assessed. No later than
sixty (60) days after the first anniversary date of this
grant, and no later than sixty (60) days after each suc-
ceeding anniversary date of this grant, the Grantee, its
successors and assigns, shall have paid to the Grantor
and its successors an amount which added to the amount
of all taxes as assessed, levied, or imposed (without
regard to any discount for early payment or any interest
or penalty for late payment), licenses, and other im-
positions levied or imposed by the Grantor upon the
Grantee's electric property, business or operations, and
those of the Grantee's electric subsidiaries for the pre-
ceding tax year, will equal six percent (60) of the Gran-
tees revenues from the sale of electrical energy to res-
idential, commercial and industrial customers within the
corporate limits of the Grantor for the twelve (12) fiscal
months preceding the applicable anniversary date. [Ord.
No. 25-81, § 6, 15 Dec 1981]
Sec. 419.07 Monthly Installments. Payment of the
amount to be paid to the Grantor by the Grantee under
the terms of Sec. 419.06 shall be made in advance by
estimated monthly installments commencing ninety (90)
days after the effective date of this grant. Each
estimated monthly installment shall be calculated on
the basis of ninety percent (90%) of the Grantee's
revenues (as defined in Sec. 419.06) for the monthly
billing period ending sixty (60) days prior to each
scheduled monthly,payment. The final installment for
each fiscal year of this grant shall be adjusted to re-
flect any underpayment or overpayment resulting from
estimated monthly installments made for said fiscal year
[Ord. No. 25-81, § 7, 15 Dec 1981]
PAGE REVISED
12-15-81
ID
§ 419.08
ELECTRIC POWER SERVICE $ 419.09
Sec. 419.08 City Competition Disallowed. As a further
consideration of this franchise, the Grantor agrees not to
engage in the business of distributing and selling elec-
tricity during the life of this franchise or any extension
thereof in competitionwith the Grantee, its successors
and assigns. [Ord. No. 25-81, § 8, 15 Dec 1981]
Sec. 419.09 Default. Failure on the part of the Grantee
to comply in any substantial respect with any of the pro-
visions of this Ordinance shall be grounds for forfeiture
of this grant, but no such forfeiture shall take effect
if the reasonableness or propriety thereof is protested
by the Grantee until a court of competent jurisdiction
(with right of appeal in either party) shall have found
that the Grantee has failed to comply in a substantial
respect with any of the provisions of this franchise, and
the Grantee shall have six (6) months after the final de-
termination of the question to make good the default before
a forfeiture shall result with the right in the Grantor at
its discretion to grant such additional time to the Grantee
for compliance as necessities in the case require. [Ord.
No. 25-81, § 9, 15 Dec 1981]
PAGE REVISED
12-15-81
5 505.01
NUMBERING OF BUILDINGS AND PROPERTY
CHAPTER 505
NUMBERING OF BUILDINGS AND PROPERTY
5 505.09
Sec. 505.01 System Established; Incorporation of Map.
A uniform system of numbering properties and principal
buildings, as shown on the map identified by the title,
"Property Numbering Map," which is filed in the office of
the City Building Official, is hereby adopted for use in
the City. This map and all explanatory matter thereon is
hereby adopted and made a part of this chapter. [Ord No.
24-84, 51, 3 Jan 85]
Sec. 505.03 Administration.
(a) The City Building Official shall be responsible
for maintaining the numbering system adopted by
this chapter.
(b) The City Building Official shall duly record all
numbers assigned under Sec. 505.01.
(c) The City Building Official shall assign to any
property owner in the City upon request and
without charge, a property number for each
principal building or separate front entrance
to such building. However, the City Building
Official may issue additional property numbers
in accord with the official numbering system
whenever a property has been subdivided, a new
front entrance opened, or undue hardship has
been worked on any property owner. [Ord. No.
24-85, 51, 3 Jan 85]
Sec. 505.05 Assignment of Numbers. All properties
or parcels of land within the City shall be identified
by reference to the uniform numbering system adopted in
this chapter, provided that all existing numbers of
property and buildings not in conformity with provisions
of this chapter shall be changed to conform to the system
herein adopted on or before July 1, 1985. [Ord. No. 24-85,
51, 3 Jan 85]
Sec. 505.09 Numbering Multiple -Family Structures.
Each principal building shall bear the number assigned to
the frontage on which the front entrance is located. If
a principal building is a multiple -family structure com-
prised of four (4) or more dwelling units, the principal
building shall bear a separate number and each dwelling
unit therein shall affix a letter suffix or apartment
number suffix to the building number. [Ord. No. 24-85,
51, 3 Jan 85]
§ 509.11
NUMBER OF BUILDINGS AND PROPERTY § 509.13
Sec. 509.11 Numbers to be Posted; Dimensions;
Coloration. Numbers indicating the official numbers for
each principal building or each front entrance to such
building shall be posted in a manner as to be clearly
visible and distinguishable from the street on which the
property is located. Such numbers shall be.a minimum of
three (3) inches in height and one-half inch in width and
of a contrasting color with the building. [Ord. No. 24-84,
§1, 3 Jan 85]
Sec. 509.13 Penalty. Any person, firm or corporation
violating any provisions of the Chapter shall be punished
as provided in §801.03. Every day in violation shall be
considered a separate offense. [Ord. No. 24-84, §1, 3 Jan 85]
5 533.01
SI1ORM 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, 5 2, 1 Aug 1966]
ti
§ 533.03
STORM DRAINAGE § 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 HundredThousand.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
1968
1969
1970
1971
1972
1973
1974
1975
1976
1977
1978
1979
1980
1981
1982
Amount Year Amount
$ 2,000 1983 $45,000
5,000 1984 47,000
8,000 1985 49,000
11,000 1986 51,000
15,000 1987 53,000
19,000 1988 56,000
24,000 1989 58,000
28,000 1990 61,000
33,000 1991 63,000
35,000 1992 66,000
36,000 1993 69,000
38,000 1994 72,000
40,000 1995 75,000
41,000 1996 57,000
43,000
§ 5 3 3. 05 1 SIORM 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 de -livery 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 thequalities 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 maybe 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 shall be 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
cancellationof 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
§ 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 shallconstitute original, additional con=
tractual obligations on the part of the City whether or
not the lost, stolen or destroyed Bonds or coupons beat
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, ashereinafter 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, oron 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 calledforprior 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, § 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
No.
STORM DRAINAGE
§ 5133.11
UNITED STATES OF AMERICA
STATE OF FLORIDA
.CITY OF CAPE CANAVERAL
STORM DRAINAGE GENERAL OBLIGATION BOND..
. SERIES OF.1966
$1,00.0
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
duetime, form and manner as required by the Constitution
and Laws of the State .of Florida applicable thereto; that
the -issue of Bondsof.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 1966; 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, leviedand
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'(3%). 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
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 discharged from registration by being
§ 533.11 r"
r',
§ 5:3 3 .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 withthe 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 , b.e 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
§ 533.13
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
SIMI 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 . DRAIlNGE
§ 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 modifications or 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 publicpolicy,
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
VG
§ 533.18
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]
§ 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 64]
Sec. 541.02 Utilities Service Tax Establishing. 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 8.53 percent of the total charge.
This utility tax shall be applied uniformly to all
utilities upon which a tax is levied by the City of Cape
Canaveral, Florida. [Ord. No. 64-10, § 2, 28 Apr 64; Ord.
No. 19-71, 7 Dec 71; Ord. No. 18-82, § 1, 21 Sep 82]
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 there-
fore to the seller thereof, but not less often than
monthly. [Ord. No. 64-10, § 3, 28 Apr 64]
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 nearest
whole cent to the amount computed for any period of one
month, or less than one 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 64]
Sec. 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
PAGE REVISED
21 SEP 82
§ 5 41. 0 5 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 monthlyperiod 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 fromthe 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 theTreasurerof 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
A
§ 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
Lof 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]
§ 541.16
UTILITY TAX
§ 541.20
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
§ 541.20
UTILITY TAX
§ '541.21
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 shallbe outstanding
or until provision for the full payment thereof shall
have been made. [Ord. No. 64-10, § 21, 28 Apr 1964]
r-
(aI
§ 543.01
COURT ASSESSMENT
CHAPTER 543
COURT ASSESSMENT
§' 543.01
Sec. 543.01 Court Costs for Police Education and
Training. The City hereby assesses the sum of Two
Dollars ($2.00) as a court cost against every person con-
victed for violation of a State, penal or criminal statute
or convicted for violation of a municipal or county ordinance
in all cases in which the said violation occurred within the
City. In addition, the sum of Two Dollars ($2.00) shall be
deducted from every bond estreature or forfeited bail bond
related to such penal statutes or ordinances. In those
cases where such bond estreature or forfeited bail bond
arises from acts committed within the City or arrests made
by the City Police Department. However, no such assessment
shall be made against any person convicted for violation of
any statute or municipal or county ordinance relating to the
parking of vehicles. [Ord. No. 27-73, § 1, 17 Jul 1973; Ord.
No. 11-82, § 1, 6 Jul 1982]
PAGE REVISED
6 JUL 82
§ 601.01
CRIMINAL STATUTES ADOP=
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]
§ 602.01
FIREWORKS REGULATIONS
CHAPTER 602
FIREWORKS REGULATIONS
§ 602.01
Sec. 602.01 Definitions. For the purposes of this
Chapter, the following words and phrases shall have the
following meanings:
Explosive Compounds means any chemical compound,
mixture, or device, the primary or common purpose of
which is to function by the substantially instantaneous
release of gas and heat.
Fireworks means and includes any combustible or
explosive composition or substance or combination of
substances or, except as herein after provided, any
article prepared for the purpose of producing a visible
or audible effect by combustion, explosion, deflag-
ration or detonation. .The term includes blank
cartridges and toy cannons in which explosives are
used, the type of balloons which require fire under-
neath to propel them, firecrackers, torpedoes,
skyrockets, roman candles, dago bombs, and any fire-
works containing any explosives or flammable compound
or any tablets or other device containing any explosive
substance.
A. Fireworks does not include sparklers approved by
the Division of the State Fire Marshal of the Depart-
ment of Insurance pursuant to §791.013; toy pistols,
toy canes, toy guns, or other devices in which paper
caps containing twenty-five hundredths grains or less
of explosive compound are used, providing they are so
constructed that the hand cannot come in contact with
the cap when in place for the explosion; and toy pistol
paper caps which contain less than twenty hundredths
grains of explosive mixture, the sale and use of which
shall be permitted at all times.
B. Fireworks also does not include the following
novelties and trick noisemakers:
1. A snake or glow worm, which is a pres-
sed pellet of not more than 10 grams of pyrotechnic
composition that produces a large, snakelike ash
which expands in length as the pellet burns and that
does not contain mercuric thiocyanate.
§ 602.01
FIREWORKS REGULATIONS §!602.01
2. A smoke device, which is a tube or sphere
containing not more than 10 grams of pyrotechnic
composition that, upon burning, produces white or
colored smoke as the primary effect.
3. A trick noisemaker, which is a device that
produces a small report intended to surprise the
user and which includes:
a. A party popper, which is a small plastic
or paper device containing not more than 16 mil-
ligrams of explosive composition that is
friction sensitive, which is ignited by pulling
a string protruding from the device,•and which
expels a paper streamer and produces a small
report.
b. A booby trap, which is a small tube with
string protruding from both ends containing not
more than 16 milligrams of explosive compound,
which is ignited by pulling the ends of the
string, and which produces a small report.
c. A snapper, which is a small, paper -
wrapped device containing not more than four
milligrams of explosive composition coated on
small bits of sand, and which, when dropped,
explodes, producing a small report. A snapper
may not contain more than 250 milligrams of
total sand and explosive composition.
d. A trick match, which is a kitchen or
book match which is coated with not more than 16
milligrams of explosive or pyrotechnic composi-
tion and which, upon ignition, produces a small
report or shower of sparks.
e. A cigarette load, which is a small
wooden peg that has been coated with not more
than 16 milligrams of explosive composition and
which produces upon ignition of a cigarette con-
taining one of the pegs, a small report.
f. An auto burglar alarm, which is a tube
which contains not more than 10 arams of
pyrotechnic composition that produces a loud
whistle or smoke when ignited and which is
ignited by use of a squib. A small quantity of
explosive, not exceeding 50 milligrams, may also
be used to produce a small report. [Ord. No. 1-
89, § 1, 21 Feb 89]
§ 602.03
FIRWORKS REGULATIONS
§ 602.07
Sec. 602.03 Ignition or Explosion of Fireworks Pro-
hibited. It shall be unlawful to ignite or explode any
fireworks or explosive compound as defined in this
Chapter within the City limits .of the City of Cape
Canaveral. [Ord. No. 1-89, § 1, 21 Feb 89]
Sec. 602.05 Exceptions. The provision of this
Chapter shall not apply to the City of Cape Canaveral,
or its agents, when staging fireworks displays for the
enjoyment of the public. [Ord. No. 1-89, § 1, 21 Feb
89]
Sec. 602.07 Penalty. Any person violating any of
the provisions of this Chapter shall be punished as
provided in Section 801.05. [Ord. No. 1-89, § 1, 21
Feb 89]
§ 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 inwritingon 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, 5 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 5 603.01,
above, the alleged violator shall be detained by the Police
Department, until he is arraig en d 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 1972]
§ 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 recreationfacility 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 EMERGENCY
CHAPTER 605
CIVIL EMERGENCY
§ '605.03
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, § 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
§§ 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]
e-
§606.01
REGULATIONS FOR CITY PARKS
AND OCEAN BEACHES
CHAPTER 606
REGULATIONS FOR CITY PARKS
AND OCEAN BEACHES.•
§606.07
Sec.'606.01. Hours of Operation. All City parks
shall open no earlier than 8:00 A.M. and close no later
than 10:30 P.M., [Ord. No. 14-83, §i, 7 Jun 83; Ord.
No. 28-86, §1, 6'Nov 86]
Sec. 606.03 Designated Areas of Play. All games
involving a bat and ball, such as a baseball and soft-
ball, which are played in a City park, shall be played
on one of the established ball fields. [Ord. No. 14-83,
§1, 7 Jun 83; Ord. No. 28-86, §1, 6 Nov 86]
Sec. 606.05 Glass Containers Prohibited. It shall
be unlawful for any person to take onto a City Park or
Ocean Beach, or to have in his possession on a City
Park, ocean beach or dune crossover, any glass bottle,
drinking glass or other glass container. [Ord. No.
28-86, §1, 6 Nov 86]
Sec. 606.07 Penalties for Violation. Any person
convicted of a violation of this Chapter shall be
punished as provided in Sec. 801.05. [Ord. No. 14-83,
§1, 7 Jun 83; Ord. No. 28-86, §1, 6 Nov 86]
PAGE REVISED
6 NOV 86
'3
§ 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]
608.01
RESTRICTIONS ON FISHING
CHAPTER 608
RESTRICTIONS ON FISHING
§ 608.05
Sec. 608.01 Taking of Fish From Salt -Water Canal,
by Means Other Than Hook and Line or Cast Net Prohibited.
It shall be unlawful for any person to catch or take fish
from the salt -water canal located north of Columbia Drive,
along the section lines of 15 and 22, by means other than
hook or cast net thrown by hand. [Ord. No. 1-83, § 1, 18
Jan 83]
Sec. 608.05 Penalty. Any person convicted of a vio-
lation of this Chapter shall be punished as provided in
Sec. 801.01. [Ord. No. 1-83, § 1, 18 Jan 83]
§ 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
§ 6 0 9. 0 3 CURFEW FOR MINORS
§ 609.05
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 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. § 609.05
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 196-6; 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 ofa 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 its 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.3.0-74, §.8, 5 Nov 1974]
§610.01
ABANDONED PROPERTY
CHAPTER 610
ABANDONED PROPERTY
§610.01
Sec. 610.01 Definitions. As used in this Chapter:
Abandoned Property means wrecked or derelict pro-
perty having no value other than nominal salvage value,
if any,which has been left abandoned and unprotected
from the elements and shall include wrecked, inoper-
ative, or partially dismantled motor vehicles, trail-
ers, boats, machinery, refrigerators, washing machines,
plumbing fixtures, furniture, and any other similar
article which has no value other than nominal salvage
value, if any, and which has been left abandoned and
unprotected from the elements.
Enforcement Officer means sheriff, deputy sheriff,
police chief, building official, code enforcement
officer, city manager, or any other officer designated
by the City of Cape Canaveral to enforce the provisions
of this Chapter.
Junk is any scrap metal, scrap lumber, discarded
building materials, abandoned parts, machinery, machin-
ery parts, household appliances., 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, dis-
mantled, partly dismantled, inoperative or abandoned
condition.
Public Property means lands and improvements owned
by the Federal Government, the State of Florida, the
county, or municipalities lying within the county and
includes buildings, grounds, parks, playgrounds,
streets, sidewalks, parkways, rights -of -way, and other
similar property.
CHAPTER REVISED
18 NOV 86
§610.01 ABANDONED PROPERTY §610.03
Local Government means the City Council of the City
of Cape Canaveral, Florida. [Ord. No. 4-76, §2, 18 Mar
76; Ord. No. 4-83, §1, 15 Mar 83; Ord. No. 32-86, §1,
18 Nov 86]
Sec. 610.03 Abandoned Property, Junk or Junk
Vehicle(s) on Public Property.
A. Whenever the enforcement officer of the City of
Cape Canaveral shall ascertain that an article of aband-
oned property, junk or junk vehicle(s) is present on
public property within the limits of the City of Cape
Canaveral, he shall cause a notice to be .placed upon
such article in substantially the following form:
NOTICE TO THE OWNER AND ALL PERSONS
INTERESTED IN THE ATTACHED PROPERTY.
This property, to wit: (setting forth
brief description) is unlawfully upon
public property known as (setting forth
brief description of location), and must
be removed within ten (10) days from
date of this notice; otherwise it shall
be presumed to be abandoned property,
junk or junk vehicle(•s) and will be
removed and disposed of by order of the
City of Cape Canaveral. Dated this:
(setting forth name, title, address and
telephone number of enforcement
officer).
B. Such notice shall be not less than eight (8)
inches by ten (10) inches and shall be sufficiently
weatherproof to withstand normal exposure to the ele-
ments. In addition to posting, the enforcement officer
shall make reasonable effort to ascertain the name and
address of the owner, and if such is reasonably avail-
able, he shall mail a copy of such notice to the owner
on or before the date of posting.
C. If at the end of ten (10) days after posting such
notice the owner or any person interested in the aban-
doned property, junk or junk vehicle(s) described in
such notice has not removed the abandonedproperty,
junk or junk vehicle(s) from public property or shown
CHAPTER REVISED
18 NOV 86
s.
§610.03
ABANDONED PROPERTY
§610.05
reasonable cause for failure to do so, the enforcement
officer. may cause the abandoned property, junk or junk
vehicle(s) to be removed and disposed of and the sal-
vage value, if any, of such abandoned property, junk .or
junk vehicle(s) shall be retained by the City of. •Cape
Canaveral to be applied against thecost of removal and
destruction thereof. [Ord., No. 4-76, §6, 18 May 76;
Ord. No. 4-83, §1, 15 Mar 83; Ord. No. 32-86, §1, 18
Nov 86]
Sec. 610.05 Abandoned Property, Junk or ,Junk
Vehicle(s) on Private Property.
A. Whenever, the enforcement officer of the City of
Cape Canaveral shall ascertain that an article of aban-
doned property, junk or junk vehicle(s) is present on
private property within the limits of the City of Cape
Canaveral, in violation of any zoning ordinance or regu-
lation, anti -litter ordinance or regulation, or other
similar ordinance or regulation of the City of Cape
Canaveral, .the enforcement officer shall cause. a notice
to be placed upon such article in substantially the
following form:
NOTICE TO THE OWNER AND ALL PERSONS
INTERESTED IN THE ATTACHED PROPERTY.
This property, to wit: .(setting forth
brief description) located at (setting
forth brief description of location) is.
improperly stored andis in violation
of (setting forth ordinance or regu-
lation violated) and must be removed
within ten (10) days from date of this
notice; otherwise it shall be presumed
tobe abandoned property, and will be
removed and disposed of by order of the
City of Cape Canaveral. Dated"this:
(setting, forth, date of posting .of
notice). .Signed: (setting forth name,
title, address and telephone number of
enforcement 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 ele-
ments for a period of ten (10) days. In addition to
CHAPTER REVISED
18 NOV 86
§610.05
ABANDONED PROPERTY
§610..07
posting, the enforcement officer shall mail a copy of
the notice to the owner of the real property upon which
the abandoned property, junk or junk vehicle(s) is lo-
cated as shown by -the tax records used by the City of
Cape Canaveral, on or'before the date of posting of
such notice.
C. If at the end of ten (10) days after posting such
notice, the owner or any person interested in the aban-
doned property, junk or -junk vehicle(s) described in
such notice has not removed the abandoned property,
junk or junk vehicle(s) and complied with the ordinance
or regulation cited in the notice, the enforcement
officer may cause the abandoned property, junk or junk
vehicle(s) to be removed and disposed of and the
salvage value, if any, of such abandoned property, junk
or junk vehicle(.$) shall be retained by the City of
Cape Canaveral to be applied against the cost of re-
moval and destruction thereof. (Ord. No. 4-76, §7, 18
May 76; Ord. No. 4-83, §1, 15 Mar 83; Ord. No. 32-86,
§1, 18 Nov 86]
Sec. 610.07. Failure to Comply with Notice; Removal
by City; Assessment and Collection of City's Cost, Un-
paid 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 proceed with the removal of the abandoned property,
junk or junk vehicle(s) or may cause the same to be
done. If the City removes abandoned property, junk or
junk vehicle(s), said City may let contracts therefor.
The City may charge or assess the said'proper ty and the
owner with the actual cost of labor performed and mater-
ials furnished in removing the abandoned property, junk
or junk vehicle(s), together with ten percent (10%) of
materials furnished in removing the abandoned property,
dunk or junk vehicle(s), 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, real or
personal, 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
CHAPTER REVISED
18 NOV 86
§610.07
ABANDONED PROPERTY
improvements. The City Clerk shall enter in a book
provided 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 tothe Cityfor 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 of the amount due forsaidwork, 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. [Ord.
No. 4-76, §11, 18 May 76; Ord. No. 4-83, §1, 15 Mar 83;
Ord. No. 32-86, §1, 18 Nov. 86]
Sec. 610.08. Reclaiming Property. Unless otherwise
disposed of, property in the possession of the City
pursuant to this Chapter, may be reclaimed by the owner
paying all towing costs and storage fees. Storage fees.
are $10.00 per day. [Ord. No. 22-87, §1, 4 Aug 87]
Sec. 610.09 Entry Upon Private Property While.in
Discharge of Duties Authorized. Any enforcement
officer or any person authorized by the enforcement
officer shall be immune from prosecution, civil `or
criminal, for reasonable, good faith trespass upon real,
property while in the discharge of duties imposed by.
this Chapter. (Ord. No. 4-76, §8, 18 May 76; Ord. No.
4-83, §1, 15 Mar 83; Ord. No. 32-86, §1, 18 Nov 86]
Sec. 610.11 Penalty. Whoever opposes, obstructs .or
resists any enforcement officer or any person.author-
ized by the enforcement officer in the discharge of his
duties as provided in this Chapter,- upon conviction
shall be, guilty of a misdemeanor of the second degree,
punishable as provided in Section 801.01. [Ord. No.
4-76, §11, 18 May 76; Ord. No. 4-83, §1, 15 Mar 83;
Ord. No. 32-86, §1, 18 Nov 86]
PAGE REVISED
4 AUG 87
§ 613.01
STANDARD PLUMBING CODE
CHAPTER 613
STANDARD PLUMBING CODE
§ 613.04
Sec. 613.01 Standard Plumbing Code Adopted. The
following Code is hereby adopted by reference as though
it was copied herein fully: Standard Plumbing Code -
1988 Edition, with 1989 Revisions, including Appen-
dixes. [Ord. No. 3-72, § 2, 18 Apr 72; Ord. No. 13-82,
§ 2, 7 Sep 82; Ord. No. 5-86, § 1, 4 Mar 86; Ord. No.
8-90, § 1, 6 Mar 90]
Sec. 613.02 Plumbing Code Sections Deleted.
Sections A 101.4.1, A 101.4.2 and A 105.4.1, of the
Standard Plumbing Code, as adopted, are deleted. [Ord.
No. 3-72, § 2, 18 Apr 72; Ord. No. 13-82, § 2, 7 Sep
82; Ord. No. 5-86, § 1, 4 Mar 86]
Sec. 613.03 Administrative Authority or Official.
Whenever the term Administrative Authority or Official
is usedin the Standard Plumbing Code it shall be
construedto mean the Building Official of the City of
Cape Canaveral, Florida orhis authorized represen-
tative. [Ord. No. 13-82, § 7, 7 Sep 82]
Sec. 613.04 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
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
72; Ord. No. 13-82, § 8, 7 Sep 82]
CHAPTER REVISED
6 MAR 90
§ 614..01
STANDARD MECHANICAL CODE
CHAPTER 614
STANDARD MECHANICAL CODE
§ 614.03
Sec. 614.01 Standard Mechanical Code Adopted. The
following Code is hereby adopted by reference as though
it was .copied herein fully: Standard Mechanical Code -
1988 Edition, with 1989 Revisions, including Appendixes.
[Ord. No. 18-79, § 1, 6 Nov 79; Ord. No. 13-82, § 3, 7
Sep 82; Ord. No. 5-86, § 2, 4 Mar 86; Ord. No. 9-90, §
1, 6 Mar 90]
Sec. 614.02 Mechanical Code Sections Deleted.
Sections A 101.4.1, A 101.4.2 and A 105.4.1, of the
Standard Mechanical Code, as adopted, are deleted.
[Ord. No. 18-79, § 1, 6 Nov 79; Ord. No. 13-82, § 3, 7
Sep 82; Ord. No. 5-86, § 2, 4 Mar 86]
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 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 non-compliance, respectively, be punished
as provided in §801.01. [Ord. No. 13-81, § 1,•18 Aug
81; Ord. No. 13-82, § 8, 7 Sep 82]
CHAPTER REVISED
6 MAR 90
§ 615.01
STANDARD GAS CODE
CHAPTER 615
STANDARD GAS CODE
§ 615.04
Sec. 615.01 Standard Gas Code Adopted. The follow-
ing Code is hereby adopted by reference as though it
was copied herein fully: Standard Gas Code - 1988
Edition, with 1989 Revisions, including Appendixes.
[Ord. No. 3-72, § 2, 18 Apr 72; Ord. No. 13-82, § 4, 7
Sep 82; Ord. No. 5-86, § 3, 4 Mar 86; Ord. No. 10-90, §
1, 6 Mar 90]
Sec. 615.02 Gas Code Sections Deleted. Sections
A 101.4.1, A 101.4.2, A 105.4.1, and C-5 of the
Standard Gas Code, as adopted, are deleted. [Ord. No.
13-82, § 4, 7 Sep 82; Ord. No. 5-86, § 3, 4 Mar 86]
Sec. 615.03 Administrative Authority or Official.
Whenever the term Administrative Authority or Official
is used in the Standard Gas Codeit shall be construed
to mean the Building Official of the City of Cape
Canaveral, Florida or his authorized representative.
[Ord. No. 13-82, § 7, 7 Sep 82]
Sec. 615.04 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
thereunder, 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
72; Ord. No. 13-82, § 8, 7 Sep 82]
CHAPTER REVISED
'6 MAR 90
§ 617.01
ELECTRICAL CODE
CHAPTER 617
ELECTRICAL CODE
§ 617.07
Sec. 617.01 National Electrical Code Adopted. The
1990 Edition of the National Electrical Code is hereby
adopted by reference as though it were copied herein
fully, with the exception that any portion in conflict
with the mandates hereinafter stated are not adopted.
[Ord. No. 3-72, §2, 18 Apr 1972; Ord. No. 6-86, §1, 1
Apr 1986; Ord. No. 32-87, §1, 1 Dec 87; Ord. No. 7-91,
§1, 7 May 91]
Sec. 617.03 Administrative AuthoritX or Official.
Whenever the term Administrative Authority or Official
is used in the National Electrical Code, it shall be
construed to mean the Building Official of the City of
Cape Canaveral, Florida, or his authorized represen-
tative. [Ord. No. 6-86, §1, 1 Apr 1986]
Sec. 617.05 Service Disconnects Required.
A. A single service fused disconnect or circuit
breaker of a minimum of one hundred (100) amp capacity
shall be required in both residential and commercial
buildings and shall be located on the outside of the
building. This includes back to back services.
B. All apartments or condominiums with three (3) or
more stories shall each have overload protection out-
side the building and inside each individual unit.
C. The height of the main switch or breaker shall
not be higher than seven (7) feet or less than four (4)
feet from the ground, measured from the center of the
equipment. [Ord. No. 6-86, §1, 1 Apr 1986]
Sec. 617.07 Service Wires.
A. All service entrance wires supplying current for
light, heat or power to any building, whether for under-
ground or overhead connections, shall be installed in
approved raceways. Neutral conductors shall be the
same size as live conductors for the first two hundred
(200) amps.
B. Service conductors for all commercial buildings
shall not be smaller than one hundred (100) amps, in-
stalled in one and one-half (1-1/2) inch conduit.
C. Size of service wires and conduits for resi-
dences: Minimum service to any residence shall be one
PAGE REVISED
7 MAY 91
§617.07
ELECTRICAL CODE §617.11
hundred (100) amps, installed in one and one half (1i)
inch conduit.
D. Service entrance wires for multi -family dwell-
ings shall not be smaller than one hundred (100) amp
capacity, installed in one and one-half (14) inch
conduit.
E. The service grounding conductor shall be a mini-
mum. of Number Four (4) bare copper.
F.• All service risers, excluding temporary service,
used as a'support for power drop will be a:mi'nimum of two
(2) inch galvanized ridge conduit. Service drops will be
in accord with N.E.C. specifications: [Ord. No. 6-86,
'§1, 1 Apr 1986]
Sec. 617.09 Breaking of Meter Seals. In case of emer-
gency, in order to protect lifeor, property, a master
electrician or a journeyman, authorized by a master elec-
trician for the job, and no other person, may break the
meter seal, but in such case, the power company must be
notified immediately. [Ord. No. 6-86, §1, 1 Apr 1986]
Sec. 617.11 Wiring Methods.
A. Approved rigid conduits, IMC, steel tube EMT,
surface metal raceways, underfloor raceways, cast -in -
place raceways, wireways, and busways shall be required
for all wires used to conduct current for light, heat or
power in the wiring of all churches, schools, commercial
buildings and manufacturing. or business establishments,
except that flexible conduits, only by special permission
of the electrical inspector, may be used in rewiring of
old buildings when it is impracticable to use rigid con-
duits.
B. All electrical wiring within or on buildings.
which are used as a combination of living quarters and
business, commercial and/or industrial establishments and
alterations and additions to such wiring in or on such
existing buildings shall be installed in an approved
metal raceway system using not less than twenty (20) amp
capacity wire.
C. Aluminum conductors, Number Two (2) and larger,
will be approved when proper connectors, terminals and
corrosion inhibitors are used.
D. In -all electrical installations, the conductors
for branch circuits shall be no smaller than twenty (20)
amp capacity. Maximum number of outlets per circuit on
CHAPTER REVISED
1 APR 86
§617.11
ELECTRICAL CODE §617.11
residential buildings, ten (10) light or outlets or six
(6) receptacle outlets or eight (8) combinations with no
more than six (6) receptacles.
E. Steel tube EMT shall not be used in unsuspended
concrete slabs.
F. Dishwashers, refrigerators and all waterpump
systems shall be on separate circuits. Disposers shall
have a switch within sight and reach, not to exceed six
(6) feet.
G. Electric range circuits shall not be less than
two (2) Number Six (6)and one (1), Number Eight (8)
wires. In the case of individual oven and surface units
(built-in ranges), they shall be separately circuited
with proper over -current protection for the size of the
conductors and equipment used.
H. Liquid -tight or rain -tight greenfield with ap-
proved fittings shall be used -in wet locations- and all
outdoor installations, including sign connections.
I. All wiring in conduit shall be open for inspec-
tion before switches, panel fronts, receptacles or covers
are installed. -
J. A separate sign circuit, shall be installed in
all stores or public. buildings (new or remodeled).
K. Every kitchen shall have a minimum of. two (2)
duplex appliance outlets, each on a separate circuit, a
maximum of three (3) per circuit.
L. Split bus panels shall not be installed in any
residential buildings.
M. Light outlets in clothes closets shall be in-
stalled on the ceiling or over the door. Receptacles no
higher than one (1) foot from the floor will be permitted
in clothes closets for the use of approved mildew lights
and heaters.
N. Portable cords attached to music boxes, pinball
machines, soft drink dispensers and other similar equip-
ment shall not:exceed six (6) feet in length when mea-
sured from the equipment to the outlet supplying the cur-
rent. Cords shall not be nailed down, tacked, stapled or
held with strings or other supports but shall be left
free and clear.
CHAPTER REVISED
1 1 APR 86
§617.11
ELECTRICAL CODE j §617.13
0. All recess lighting outlets where slow burning
wire shall be used shall be complete with flexible con-
duit leads installed, wires properly connected and taped
and approved covers placed on the outlet box before rough-
ing -in inspection is made.
P. Panels shall not be located in clothes closets,
bedrooms, bathrooms, kitchens or in any. location in which
maintenance would be performed from a damp_or.wet area.
Panels shall not be located within four (4) feet of any
sink.
Q. All concealed plumbing and other piping or duct
work shall be in place before the wiring inspection is
called for.
R. In the wiring of new buildings, two (2) spare
circuits shall be provided.
S. Circuit identification. The contractor shall
identify all branch circuits at the panel before calling
for final inspection.
T. All electrical water heaters shall have a cir-
cuit of a minimum of Number Ten (10) copper gauge wire.
U. Any fan installed lower than six (6) feet, eight
(8) inches from the floor to .the bottom of the blade,
shall have an approved protective guard enclosing the
blade.
V. All bell ringing transformers must be located at
the .load center or readily accessible places and the _sec-
ondary wiring shall not enter the same box with the pri-
mary wiring. The bell or chime transformer may be placed
in an .approved manner. on_ the ceiling or over the door in
a closet as long as it is readily accessible. (Ord." No.
6-86, §1, 1 Apr 1986]
Sec. 617.13 Additions, Remodeling and Rewiring. In
the wiring of new buildings or th'e installation of new
wiring in old buildings or additions thereto, or in the
remodeling or alteration of old wiring where more than
fifty (50) percent of theexisting wiring installation is
remodeled or chanlged, all wiring shall meet the present
requirements of this Code. All extensions to existing
wiring shall be:in accordance with the standards of this
Code. When wiring for any added load is installed in a
building, the seivice shall also be revised and size in-
creased to carry the new total load. Where existing
,'CHAPTER REVISED
1 APR 86
;t §617.13
ELECTRICAL CODE §617.19
structures are moved to new locations and the existing
wiring is in apparent safe condition and existing wiring
installation is remodeled or changed, a new service of a
minimum of one hundred (100) amp conductors shall be
required.. [Ord. No. 6-86, §1, 1 Apr 1986]
Sec. 617.15 Electric Wiring for Swimming Pools.
There shall be no overhead lines, including power, tele-
phone or TV cable, etc., within ten (10) feet, measured
horizontally, from the water's edge. [Ord. No.`'6-86, §1,
1' Apr 1986 ]'
Sec. 617.17 Submersible Lighting.
A. The use of one hundred twenty (120) volt lamps,
when assembled in submersible lighting units for illumina-
tion of swimming pools, reflector pools or display foun-
tains, whether they are intended for side wall or pedes-
tal mounting, is hereby prohibited.
B. The permissible voltage that may be applied to
lamps used for such applications shall not exceed fifteen
(15) volts.
C. Transformers shall be located remotely from
lighting units which they supply and overcurrent protec-
tion shall be provided in both primary and secondary wir-
ings. [Ord. No. 6-86, §1, 1 Apr1986]
Sec. 617.19 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 regulations 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 noncompli-
ance,, respectively, be punished as provided in §801.01.
[Ord. No. 3-72, §3, 18 Apr 1972; Ord. No. 6-86, §1, '1 Apr
1986]
'CHAPTER REVISED
1 APR 86.
§ 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]
•
aA I
§ 619.01
STANDARD HOUSING CODE
CHAPTER 619
STANDARD HOUSING.CODE
§ 619.04
Sec. 619.01 Standard Housing Code Adopted. The
following Code is hereby adopted by reference as though
it was copied herein fully: Standard Housing Code -
1988 Edition, with 1989 Revisions, excluding Appendixes.
[Ord. No. 4-67, § 1, § 2, 20 Jun 67; Ord. No. 4-67A,
19 Sep 67; Ord. No. 13-82, § 5, 7 Sep 82; Ord. No. 5-
86, § 4, 4 Mar 86; Ord. No. 11-90 § 1, 6 Mar 90]
Sec. 619.02 Housing Code Amended. Sec. 106.1.1 of
the Standard Housing Code, 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 June
Ord. No. 4-67A, 19 Sep 67; Ord. No. 13-
82, § 5, 7 Sep 82; Ord. No. 5-86, § 4,
Mar 86]
Sec. 619.03 Administrative Authority or Official.
Whenever the term Administrative Authority or Official
is used in the Standard Housing Code it shall be
construed to mean the Building Official of the City of
Cape Canaveral, Florida or his authorized represen-
tative. [Ord. No. 13-82, § 7, 7 Sep 82]
Sec. 619.04 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
thereunder, shall severally for each and every such
violation and noncompliance, respectively, be punished
as provided in §801.01. [Ord. No. 13-82, § 8, 7 Sep
82]
CHAPTER REVISED
6 MAR 90
oq§ 621.01
FIRE PREVENTION CODE
CHAPTER 621
FIRE PREVENTION CODE
§ 621.07
Sec. 621.01 Fire Prevention Code Adopted. The
following Code is hereby adopted by reference as though
it was copied herein fully: Standard Fire Prevention
Code - 1988 Edition, with 1989 Revisions excluding
Appendixes. [Ord. No. 20-77, § 1, 3 Jan 78; Ord. No.
13-82, § 6, 7 Sep 82; Ord. No. 5-86, § 6, 4 Mar 86;
Ord. No. 12-90 § 1, 6 Mar 90]
Sec. 621.02 Administrative Authority or Official.
Whenever the term Administrative Authority or Official
is used in the Fire Prevention Code it shall be
construed to mean the Building Official of the City of
Cape Canaveral, Florida or his authorized represen-
tative. [Ord. No. 13-82, § 7, 7 Sep 82]
Sec. 621.03 Lock Boxes Required. Lock Boxes are
required on structures that are required to have Fire
Department alarm systems and on multi -family residences
having enclosed common areas, which the Fire Depart-
ment, in the event of an emergency, may need to gain
access to. The public safety Keybox System shall
contain keys for elevator return and door opening,
elevator rooms, fire alarm box room, electrical rooms
and any other keys necessary for the Fire Department to
gain access to common areas or through common areas to
individual units. The Keybox System shall not require
keys of individual units.
The Keybox System may be surface mounted or flush
mounted in an easily accessible location and the Fire
Department shall maintain possession of the only key.
In the event locks are changed in any of the above
mentioned rooms, the Fire Department shall be notified
immediately. All Keybox Systems must be approved by
the Fire Chief of the Cape Canaveral Volunteer Fire
Department. [Ord. No. 11-83, §1, 3 May 1983]
Sec. 621.07 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
CHAPTER REVISED
6 MAR 90
§ 621.07
FIRE PREVENTION CODE § 621.07
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. 1-69., § 6, 15 Apr
69; Ord. No. 13-82, § 8, 7 Sep 82]
i
CHAPTER REVISED
6 MAR 9 0
§ 623.01 SPECIAL INSPECTOR- THRESHOLD BUILDINGS
CHAPTER 623
SPECIAL INSPECTOR - THRESHOLD BUILDINGS
§ 623.05
Sec. 623.01 Laws of Florida Adopted. Chapter 83-160,
Laws of Florida, Special Threshold BuildingInspector,
as 'amended by Senate Bill-399, is hereby adopted by
reference as though it were copied here in full. [Ord.
No. 27-83, § 1, 17 Jan 1984; Ord. No. 19-84, § 1, 2 Oct 1984]
Sec. 623.03 Definitions. The following definitions
are adopted in addition to the statute:
(A) Special Inspector shall be a person certified,
licensed or registered under Chapter 471, as an engineer
or Chapter 481, as an architect. All such persons must
have demonstrated and proven capability to inspect
structural components of threshold buildings as defined
herein.
(B) Threshold Building means any building which is
greater than three stories or 50 feet in height, or which
has an assembly occupancy classification that exceeds 5,000
square feet in area and an occupant content of greater
than 500 persons.
(C) Structural Components - Structural components are
as follows: Compaction of fill, footings, piling, pile
caps, grade beams, floor slabs, bearing walls, columns,
tie beams, lintels, reinforcing steel, shoring, reshoring,
roof slabs, roof assembly, stair assembly, all structural
elements depending upon one another for continuity or
support, and fire resistive structural components are
included, and any other specific requirements of Chapter
83-160, Laws of Florida. [Ord. No. 27-83, § 1, 17 Jan 1984;
Ord. No. 19-84, § 1, 2 Oct 1984]
Sec. 623.05 General Provisions. The following general
provisions are adopted in addition to the State Statute:
(A) The Special Inspector shall be retained by the
owner of the Threshold Building and shall be approved by
all parties prior to the construction of any structural
components.
CHAPTER REVISED
2 OCT 84
§ 623.05
SPECIAL INSPECTOR- THRESHOLD BUILDINGS § 623.05
(B) Any person, other than the state certified Special
Inspector, who is sent to the jobsite as a duly author-
ized representative of the Special Inspector to perform
inspections, must meet the requirements of the Standard
Building Code, Section 102.2 and be approved by the Build-
ing Official.
(C) The Special Inspector shall be on the job at ALL
times structural components are being constructed or
placed. ALL elements of structural installation must be
observed and approved by the Special Inspector.
(D) The Special Inspector shall maintain a professional
liability insurance policy in the amount of not less than
$500,000 per incident and $1,000,000 aggregate. Special
Inspector shall provide a copy of his certificate of insurance
and specific policies involved to the City Building Official
prior to commencing performance of his duties and respon-
sibilities. Said insurance policies shall provide that the
City shall be entitled to fifteen (15) days prior written
notice of any changes or cancellation of said policies. Said
policies shall remain in effect for three (3) years from
the completion date of the last project on which the Inspector
has performed services. In lieu of said insurance coverage,
a surety bond for one million dollars may be posted by and
for the Special Inspector. [Ord. No. 44-85, §1, 15 Oct 1985]
(E) The structural inspection plan prepared by the
engineer or architect of record must be approved by the Build-
ing Official and must contain at least the following
requirements:
•
(1) Spot checks, at least daily, of all structural
operations and all operations relating to the structural
integrity of the building.
(2) Inspection of all materials and procedures to
be used during any structural operation, done when that
operation is commencing.
(3) Inspection of any and all structural components
before they are "covered up".
(F) The Shoring and reshoring plans must be approved
and sealed by the engineer of record and submitted to
the Building Official prior to the issuance of the build-
ing permit.
PAGE REVISED
15 OCT 85
§ 6 2 3. 0 5• SPECIAL
INSPECTOR - THRESHOLD BUTUDINGS § 623.05
(G) Only those plans and specifications carrying the
Building Department's stamp shall be used for inspections.
No changes or deviations from the permitted plans and
specifications will be permitted until the architect or
engineer of record has cleared same through the Building
Department.
(H) The Special Inspector shall submit daily inspec-
tions/progress reports in writing to the City for all
time on the job site, related to structural inspections.
(I) The City will accept any daily report from the
Special Inspector that provides the following information:
a. Report on company letterhead
b. The date and time of inspection
c. Job name and complete address
d. Detailed report noting any and all changes
and/or corrections
e.- The Inspector's approval
f. The signature of theInspector under his/
her printed name
(J) The City will maintain a copy of the daily reports
as submitted by the Special Inspector. These records will
be sworn evidence of the Inspector's findings during his
review of the project work.
(K) The contractor shall schedule a dual inspection
with both the Special Inspector and the City Building
Inspector, of all structural components prior to "cover
up" or pouring of concrete, etc.
(L) The Special Inspector shall notify the Building
Department immediately when non-compliance is discovered
and noted.
(M) The City hereby agrees to convene a meeting with
all interested parties whenever a Stop Work Order is
issued. Said meeting shall be at a reasonable hour, with-
in 24 hours of the Stop Work Order issuance.
(N) The Special Inspector shall cooperate fully with
the Building Department and its authorized agents in the
execution of its duties and responsibilities. [Ord. No.
27-83, § 1, 17 Jan 1984; Ord. No. 6-84, § 1, 3 Apr 1984;
Ord. No. 19-84, § 1, 2 Oct 1984]
CHAPTER REVISED
2 OCT 84
§ 623.07
SPECIAL
INSPECTOR - THRESHOLD BUILDINGS § 623.07
Sec. 623.07 Penalty. Any person violating any of the
provisions of this Chapter shall be punished as provided in
Sec. 801.01. [Ord. No. 27-83, § 1, 17 Jan 1984; Ord. No.
19-84, § 1, 2 Oct 1984]
CHAPTER REVISED
2 OCT 84
§ 626.01
LIFE SAFETY CODE
CHAPTER 626
LIFE SAFETY CODE
§ 626.05
Sec. 626.01 Life Safety Code Adopted. The
following Code is hereby adopted by reference as though
it was copied herein fully: Life Safety Code - 1985
Edition, (NFPA #101). [Ord. No. 4-84, § 1, 3 Apr 84;
Ord. No. 13-90, § 1, 6 Mar 90; Ord. No. 3-91, § 1, 19
Feb 91]
Sec. 626.03 Municipal Fire Inspector. Whenever the
term authority having jurisdiction, or official, is
used in this Code, it shall be construed to mean the
Municipal Fire Inspector of the City of Cape
Canaveral, Florida, or his authorized representative.
[Ord. No. 4-84, § 1, 3 Apr 84]
Sec. 626.05 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
thereunder; shall severally for each and every such
violation and non-compliance, respectively, be punished
as provided in Sec. 801.01. [Ord. No. 4-84, § 1, 3 Apr
84]
CHAPTER REVISED
19 FEB 91
§627.01
STANDARD SWIMMING POOL CODE
CHAPTER 627
STANDARD SWIMMING POOL CODE
§627.03
Sec. 627.01 Standard Swimming Pool Code Adopted.
The following Code is hereby adopted by reference as
though it was copied herein fully: Standard Swimming
Pool Code - 1985 Edition. [Ord. No. 13-76, Si, 8 Jun
1976; Ord. No. 13-82, §6, 7 Sep 1982; Ord. No. 5-86,
§8, 4 Mar 1986]
Sec. 627.02 Administrative Authority or Official.
Whenever the term Administrative Authority or Official
is used in the Standard Swimming Pool Code it shall be
construed to mean the Building Official of the City of
Cape Canaveral, Florida or his authorized representa-
tive. [Ord. No. 13-82, §7, 7 Sep 1982]
Sec. 627.03 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 viola-
tion and noncompliance, respectively, be punished as
provided in §801.01. [Ord. No. 13-76, §1, 8 Jun 1976;
Ord. No. 13-82, §8, 7 Sep 1982]
CHAPTER REVISED
4 MAR 86
§628.01
STANDARD AMUSEMENT DEVICE CODE
CHAPTER 628
STANDARD AMUSEMENT DEVICE CODE
§628.03
Sec. 628.01 Standard Amusement Device Code Adopted.
The following Code is hereby adopted by reference as
though it was copied herein fully: Standard Amusement
Device Code - 1985 Edition. [Ord. No. 13-82, §6, 7 Sep
1982; Ord. No. 5-86, §9, 4 Mar 1986]
Sec. 628.02 Administrative Authority or Official.
Whenever the term Administrative Authority or Official
is used in the Standard Amusement Device Code, it shall
be construed to mean the Building Official of the City
of Cape Canaveral, Florida or his authorized representa-
tive. [Ord. No. 13-82, §7, 7 Sep 1982]
Sec. 628.03 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 viola-
tion and noncompliance, respectively, be punished as
provided in §801.01. [Ord. No. 13-82, §8, 7 Sep 1982]
CHAPTER REVISED
4 MAR 86
§ 629.01
NATIONAL FIRE PREVENTION CODE
CHAPTER 629
NATIONAL FIRE PREVENTION CODE
§ 629.05
Sec. 629.01 National Fire Prevention Code Adopted.
The following Code is hereby adopted by reference as though
it was copied herein fully: National Fire Prevention Code -
1975 Edition, as amended (NFPA #1) [Ord. No. 5-84, § 1,
3 Apr 1984]
Sec. 629.03 Municipal Fire Inspector. Whenever the
term authority having jurisdiction, or official, is used
in this Code, it shall be construed to mean the Municipal
Fire Inspector of the City of Cape Canaveral, Florida, or
his authorized representative. [Ord. No. 5-84, § 1,
3 Apr 1984]
Sec. 629.05 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 Sec.
801.01. [Ord. No. 5-84, § 1, 3 Apr 1984]
§ 654.01
ALARM SYSTEMS
CHAPTER 654
ALARM SYSTEMS
§ 654.03
Sec. 654.01 Intent. This chapter is intended to
protect the health, safety and welfare of the people of
the City of Cape Canaveral by preventing the misuse of
law enforcement and fire protection resources caused by
false alarms and telephone alarm devices, thereby al-
lowing these resources to be accessible and available
in the event these resources are truly needed by
members of the community [Ord. No. 18-89, § 1, 2 Jan
90]
Sec. 654.03 Definitions as used in this chapter,
the following terms shall have the meanings indicated
in this section:
Alarm means a signal (audio, visual, recorded or
live) transmitted to or heard or observed by law en-
forcement or fire department indicating a predetermined
condition. Such alarm is received either:
a. Via telephone line to•a designated postion on an
alarm panel;
b. Via a private alarm service company related to
the law eneforcement agency or fire department
telephone;
c. Via an automated telephone alarm system, playing
a recorded message when received on the police or
fire department telephone; or
d. Via an audible or visual signal heard or observed
by, or related to, the law enforcement or fire
department.
False Alarm means the activation of an alarm by any
means which does not represent the designated condi-
tion.
Burglary Alarm means an alarm designed to indicate a
condition of any unlawful entry, forced entry, or at-
tempted forced entry.
Robbery Alarm means an alarm designed to indicate a
robbery.
Fire Alarm means an alarm system designed to indi-
cate the presence of fire and/or smoke.
§ 654.03
ALARM SYSTEMS § 654.05
Telephone Alarm System means any alarm system which
automatically transmits by telephone line a recorded
electronic or mechanical signal to a telephone instru-
ment at the law enforcement or fire department. Such
system is totally automated and requires no relaying or
action by a human being.
Law Enforcement includes the Brevard County
Sheriff's Department, its auxiliary members and the
Cape Canaveral Police Department should same be re-
established.
Fire Department means the Cape Canaveral Volunteer
Fire Department or other •firefighting group having
jurisdiction within the City of Cape Canaveral. [Ord.
No. 18-89, § 1, 2 Jan 90]
Sec. 654.05 Duty of Owner or Lessee of Premises.
A. Owners or lessees of any alarm system shall pro-
vide response to the alarm location, when requested, in
order to reset or disable the alarm system within one-
half hour of notification. Failure to provide such
response shall result in a charge of One Hundred Fifty
Dollars (S150.00) for each such occurrence.
B. The operator of every place of business which
utilizes an alarm system, as defined in Sec. 654.03
above, shall provide, visible from the exterior of said
business and adjacent to the main entrance, a minimum
of three (3) current working telephone numbers of per-
sons to be notified in case of emergency or in lieu
thereof have on file with the law enforcementand fire
departments three (3) current working telephone numbers
of persons to be notified in case of emergency.
C. All alarm systems having an audible or visual
signal at the premises shall be so equipped so as to
automatically shut off the audible or visual signal
after fifteen (15) minutes, except those systems re-
quired by law to have a longer operating period, in
which case said system shall be so equipped as to auto-
matically shut off the audible or visual signal at the
conclusion of said longer required operating time.
[Ord. No-. 18-89, § 1, 2 Jan 90]
§ 645.07
Sec. 654.07
ALARM SYSTEMS S 654.09
Equipment Maintenance.
A. Each subscriber, at his expense is required to
maintain all components of his alarm system in good
working order at all times to insure that the sensory
mechanism used in connection with such device is ad-
justed to suppress false indications of holdups or
intrusions or fire or smoke conditions so that the de-
vice will not be activated by impulses due to short
flashes of light, wind, noises, vehicular noise or
other forces unrelated to genuine alarms.
B. No alarm system designed to transmit emergency
messages shall be tested or• demonstrated without first
notifying the law enforcement and fire department.
C. Fire alarm systems shall be required to have a
maintenance contract for testing and inspections in
accordance: with National. Fire Protection Association
(NFPA) standards; for example, smoke and/or heat detec-
tors, manual pull stations and water' flow alarms
(sprinkler systems). Copies of the maintenance' con-
tract and test results of the fire alarm system shall
be forwarded to the Fire Chief within thirty (30)-days
from the date of the test. [Ord. No. 1R-89, § 1, 2 Jan
90]
Sec. 654.09 Alarm Permit Required.
A. No person shall install or operate- an' alarm
system serving a premises or a building, or portion
thereof, 'unless an alarm permit has been issued here-
under, and is in force, authorizing the use of such
alarm. For any alarm system existing prior to the ef-
fective date of this Ordinance, .an alarm permit
application shall be made within sixty (60) days of the
effective date hereof.
B. Any after -the -fact permit issued to persons who
initially failed to obtain a permit shall be issued at
twice the cost of the permit fee. [Ord. No. 18-89, §
1, 2 Jan 90]
Sec. 654.11 Application for Alarm Permit
A. Application for alarm permits shall be made to
the City of Cape Canaveral on forms provided by the
City. The application shall be signed by the alarm 5
654.11
ALARM SYSTEMS 5 654.15
user and shall provide the following information:
1. Name, address, and telephone number of the alarm
user.
2. Address and telephone number of the alarm user's
premises or building to be served by the alarm.
3. The name, address and telephone number of the
person or persons in charge of the premises or
building served by the alarm.
4. The name, address and telephone number of the
person or entity installing said alarm.
5. The name, address and telephone number of the
person or entity monitoring said alarm.
6. The name, address and telephone number of the
person or entity providing maintenance and repair
service to said alarm.
B. An amended application shall be filed within ten
(10) days after any change in the information provided
in said, application: Upon such amendment, a new alarm
permit shall be issued without charge or fee. [Ord.
No. 18-89, § 1, 2 Jan 90]
Sec. 654.13 Term of Permit; Fee; Non -Transfer-
ability.
A. An alarm permit shall have a term of one (1) year
from date of issuance, said term to begin October 1 and
end September 30. Any alarm permit issued after Octo-
ber 1 will be valid through September 30.
B. A fifteen dollar ($15.00) fee shall be charged to
the alarm user by the City for each permit issued, in-
cluding successive renewal permits, to defray the cost
of regulation.'
C. Any alarm permit issued pursuant to this article
shall not be transferable or assignable and shall cover
only one (1) building or premises. [Ord. No. 18-89, §
1, 2 Jan 90]
Sec. 654.15 Issuance of Alarm Permit. An alarm
permit shall be'issued to the alarm user by the City of
Cape Canaveral within ten (10) days after receipt of
said completed ;application by the City. An alarm per-
mit shall be denied, if:
§ 654.15
ALARM SYSTEMS §'654.17
A. The requested information is not supplied on the
application.
B. Material information on the application is incor-
rect.
C. Any person or entity listed on the application
under Section 654.11 (A) (4), (5) and (6) .(APPLICATIONS
FOR PERMIT) does not possess any required occupational
or regulatory license to conduct the activities re-
quired by said Section 654.11 (A) (4), (5) and (6),
unless the person or entity is the alarm user. [Ord.
No. 18-89, § 1, 2 Jan 90]
Sec. 654.17 Response to Alarms, Corrective Actions,
Reports Required and Fees Charged.
A. For each response by the law enforcement or fire
departments to an alarm, the department will cause a
report to be filed, classifying the alarm as one of the
following:
1. False alarm (for any reason) or system test with
no notification.
2. Valid alarm for cause designated.
B. Upon the receipt of a false alarm, either law
enforcement or fire department shall issue a written
warning notice to the owner or lessee of the premises
involved. The owner or lessee shall file a written
report with the law enforcement/fire department within
five (5) working days indicating any and all measures
taken to reduce false alarms.
C. There shall be a service fee charged for any oc-
currence set forth in Section 654.17 (A) (1) according
to the following schedule:
1. First response (none in last six (6) months):
Written Warning.
2. Second or subsequent response (within a six (6)
month period): One Hundred Fifty Dollar
($150.00) fine.
D. Upon failure of an owner or lessee of a premises
to pay the fee specified within ten (10) days, any law
enforcement officer or fire chief shall notify the City
§ 654.17
ALARM SYSTEMS § 654.21
Manager who shall then notify the owner or lessee.
E. If the owner or lessee of a premises disputes or
disagrees with the determination of the law enforcement
or fire chief, the owner or lessee may appeal said deci-
sion to the City Manager while paying a filing fee of
$10.00. No separate notice of publication of said ap-
peal shall be required. If after the meeting with the
owner or lessee, the City Manager upholds the.determin-
ation of the law enforcement or fire chief, he shall
notify the owner or lessee that the City Attorney shall
file suit for collection of the fee, together with all
costs incurred, including attorney's fees. [Ord. No.
18-89, § 1, 2 Jan 90]
Sec. 654.19 Telephone Alarm Devices. Telephone
alarm devices will be so constructed or installed so as
to not seize or otherwise hold or pre-empt the tele-
phone lines of the police or fire department. [Ord.
No. 18-89, § 1, 2 Jan 90]
Sec. 654.21 Penalties. It shall be unlawful for
any person to violate or fail to comply.with any of the
provisions of this Chapter, and any violator shall be
subject to the penalties provided in this Chapter in-
cluding fees for false alarms, disconnection of alarms
and costs and attorney's fees to enforce this Chapter.
[Ord. no. 18-89, § 1, 2 Jan 90]
§ 659.01 SEA TURTLE PROTECTION § 659.03
CHAPTER 659
SEA TURTLE PROTECTION
Sec. 659.01 Statement of Purpose and Scope.
A. The purpose of this. Chapter is to protect the
endangered and threatened sea turtles which nest along
the Atlantic Ocean beaches in the City of Cape
Canaveral,Florida, by safeguarding the nesting sea
turtles and sea turtle hatchlings from sources of arti-
ficial light on the beaches within .the jurisdictional
boundaries as defined by this Chapter.
B. The scope of this Chapter shall be limited to
that area defined herein as the jurisdictional
boundary. [Ord. No. 24-90, § 1, 5 Jun 90]
Sec. 659.03 Definitions. For the purpose of this
Chapter, the following words and terms shall have the
meanings ascribed to them unless the context clearly
indicates otherwise.
-Administrator: The City Manager', or his designee,
.who is responsible for administering the provisions of
this Chapter.
Artificial Lighting (or Illumination): Light
emanating from a manmade device which includes at least
one lamp.
Beach: That area of unconsolidated material that
extends landward from the mean low water line to the
place where there is marked change in material or phys-
iographic form, or to the line of permanent vegetation
(usually the effective limit of storm waves), as is
defined in Chapter 16B-33, Florida Administrative Code.
Footcandle: A measure of light intensity equal to
one lumen per square foot.
Hatchling: Any species of sea turtle, within or
outside of a nest, which has recently hatched from an
egg.
Jurisdictional Boundary: The area of the beach and
land extending landward from the beach along land
adjacent to the Atlantic Ocean.
§ 659.03
SEA TURTLE PROTECTION § 659.05 -
Lamp: A manmade device emanating light, including
but not limited to incandescent, tungsten -iodine
(quartz), mercury vapor, fluorescent, metal halide,
neon, high pressure sodium, and low pressure sodium.
Low Profile- Lighting: A light fixture which places
the source of light no higher than forty-eight (48)
inches off the ground, and which is designed in such a
way that lightis directed downward from a hooded light
source.
Mechanical Raking: The act of raking the beach with
a motor powered vehicle and a rake with prongs that are
greater than three (3) inches long or what may be
.allowed by the Florida Department of Natural Resources
following a storm.
New Development: New construction and/or remodeling
of existing structures when such remodeling includes
alteration of exterior lighting.
Person: An individual, corporation, partnership,
incorporated. association, governmental body or official
or any other similar entity.
Photometrics: Charts, which are normally provided
with lighting sales literature, that describe the
characteristics of the illumination cast by the lamps
discussed in that literature.
Post -Emergent Hatchling: A hatchling sea turtle
.that has successfully emerged from its incubation site
and must traverse the open beach and surf.
Sea Turtle: Any species of marine turtle including
Caretta Caretta (loggerhead turtle), Chelonia Mydas
(green turtle), and Dermochelys Coriacea (leatherback
turtle) using Brevard County beaches as a nesting
habitat. [Ord. No. 24-90, § 1, 5 Jun 90]
Sec. 659.05 New Development.
A. It is the policy of the City of Cape Canaveral
to minimize artificial light illuminating within the
jurisdictional boundaries of this Chapter so as to
reduce artificial light on,the beaches. To meet this
intent, buildingand electrical plans associated with
parking lots, dune walkovers or other outdoor lighting
%IJ
§ 659.05
SEA TURTLE PROTECTION § 659.07
for real property within the jurisdictional boundaries
shall be in compliance with the following:
1.-.Except. as set forth in Subsection (2),
below, no .more than 0.5 footcandles - of artificial
illumination shall be cast upon the beach as defined
by this Chapter. . Appropriate techniques for
reducing artificial illumination include,, but are
not limited to, fitting lights with hoods or
shields, screening artificial light with vegetation
or other devices, directing light away from beach
area, utilizing low profile lighting, and lowering
the light intensity of the lamps.
2. No more than two (2)--footcandles of artifi-
cial.illumination shall be cast upon the beach when
the spectral distribution of the light bandwidths
are between .560 and 620 nanometers. Commercially
available lighting that satisfies the. spectral
criteria include-low.pressure sodium lamps.
3. No lamp shall be directly visible from the
beach. The' use of opaque materials for screening
and hooding the lamps are -techniques which may be
used to limit visibility from the beach.
4. Parking lots where vehicle headlights: may
cast light onto the beach so as to be in violation
of this Chapter . shall be screened to eliminate
excess light on the beach.-
5. At the time building and electrical plans
are submitted for public. review, appropriate photo -
metrics of the artificial- lighting Used shall be
provided by the applicant. Photometrics shall
include .horizontal isolux charts and spectral'distri-
bution charts if appropriate.
B. The provisions of this Chapter shall not apply
to any structure for which a building permit or develop-
ment order has been issued prior to the effective date
of this Chapter. [Ord. No. 24-90, § 1, 5 Jun 90]
Sec. 659.07 Existing Development.
A. It is the policy of the City of Cape Canaveral
to minimize artificial -light illuminating within their
5 659.07 SEA TURTLE PROTECTION
§ 659.11
jurisdictional boundaries so as to reduce.artificial
light on the beaches. To meet this intent, lighting of
all structures which illuminate the beach shall be in
compliance with the following by July 1, 1990.
1. Artificial lighting shall conform to the
provisions of Section 659.05 (A); or
2. Artificial lighting used to. illuminate
buildings and grounds- which directly or by
refraction or reflection illuminates the beach above
the levels established in Section 659.05 shall be
turned -off from 9:00 p.m. until 7:00 a.m. every .day
during the period of May 1 to October 31 .of each
year. Automatic timers may be used to provide con-
sistent compliance. [Ord. No. 24-90, 5 1, 5 Jun 90]
Sec. 659.09 Publicly Owned Lighting.
A. Street lights and lighting at parks and other
publicly owned beach access areas within the jurisdic-
tional boundaries of the City of Cape Canaveral shall
be subject to the following:
1. All new and replaced lamps shall not be
directly visible from the beach.
2. Artificial lighting at parks or other public
beach access points shall conform to -the provisions
of Section 659.05 (A) of this Chapter.
3. Artificial lighting used to illuminate
buildings and grounds which directly or by
refraction or reflection illuminates the beach above
the levels established in Section 659.05 (A) shall be
turned off from 9:00 p.m. until 7:00 a.m. every day
during the period of May 1 to October 31 of each
year. Automatic .timers may be used- to provide
consistent compliance. [Ord. No. 24-90, 5 1, 5 Jun
90].
Sec. .659.11 Beach Activities.
A. Fires shall be. prohibited within the jurisdic-
tional boundaries of this Chapter when such fires are
visible. .from the beach from 9:00 p.m.. until 7:00 a.m.
during the period of May 1 to October 31 of each year.
§ 659.11
SEA TURTLE PROTECTION § 659.13
B. Mechanical raking of beach within the jurisdic-
tional boundaries of this Chapter shall be prohibited
during the period of May 1 to October 31 of each year,
except as exempted under Section 659.13 (D). [Ord. No.
24-90, § 1, 5 Jun 90]
Sec. 659.13 Exemptions.
A. Bonafide research or patrol vehicles may operate
at night with no more artificial lighting than reason-
ably necessary .for safe operation on the beaches of
Cape Canaveral provided, however, that the operators of
such vehicles are authorized permittees of the Florida
Department of Natural Resources or law enforcement
officers.
B. During the non -nesting season (November 1
through April 30 of each year) temporary lighting may
occur.
C. Temporary lighting utilized by public service
agencies for emergency repairs may occur.
D. In the aftermath of a natural event, such as ''a
major storm or red tide, mechanical raking may occur if
the beach area affected has been a part of a sea turtle
monitoring program and a bonafide research 'agency, with
a Florida Department of Natural Resources turtle
permit, has certified that mechanical raking will not
disturb any identified sea turtle nest and a copy of
the required Florida Department of Natural Resources
field permit, for mechanical raking, has been filed
with and approved by the Brevard County division of
codes and building services or its successor.
E. Administrative Exemptions:
1. Authority. It is the policy of the City of
Cape Canaveral to minimize artificial light
illuminating within the jurisdictional boundaries of
this Chapter so as to reduce artificial light on the
beaches. However, the City of Cape Canaveral
recognizes that the protection of sea turtles must
be balanced with health, safety and welfare
interests of persons which may warrant more light
or additional beach activity along some beaches.
In recognition of the'need to balance the interests
of the sea turtle with interests of public safety,
the administrator shall have the authority to
§ 659.13
SEA TURTLE PROTECTION § 659.13
exempt any lighting or activities affected by this
Chapter from any or all provisions of these
regulations upon written application in accordance
with Section 659.13 (E) (3).
2. Considerations for granting exemptions. In
reaching a decision on a written application for
exemption, the administrator shall consider the
following:
a. It is determined that there will be no
significant adverse effect upon the surrounding
lands and waters.
b. It is determined that there will be no
significant adverse effect upon the environ-
mental quality of the area.
c. It is determined that public safety will
be adversely affected to a significant degree
should the exemption not be granted.
d. The exemption, if granted, is the mini-
mum exemption that will make possible reasonable
protection of both the sea turtles and the
public safety concerns.
3. Application for exemption under this Section
shall be made in writing on a form provided by the
administrator and shall include:
a. A plan which shall depict the site,
location of all buildings or structures on the
site, and location of all lighting on site.
b. Nature of the exemption requested.
c. Written reasons why the exemption should
be approved.
d. Any additional necessary or appropriate
items.which the administrator may require.
4. Denial of exemption. If the administrator
denies the exemption, the applicant may file an
appeal of the administrator's written decision with
the City Council of the City of Cape Canaveral.
[Ord. No. 24-90, § 1, 5 Jun 90]
§ 659.15
SEA TURTLE PROTECTION § 659.15
Sec. 659.15 Enforcement and Penalty.
A. If the administrator shall find that any of the
provisions of this Chapter are being violated, he shall
notify the property owner or occupant of such viola-
tions, in writing, indicating the nature of the
violation and ordering any action necessary to correct
it. Any person found guilty of violating any
provisions of this Chapter after a first written
warning, shall be punished in accordance with Section
801. Each day the violation continues shall be deemed
a separate offense. In addition to any other remedies,
whether civil or criminal, violations of this Chapter
may be enforced by the Code Enforcement Board of the
City of Cape Canaveral and maybe restrained by
injunction, including a mandatory injunction, and other-
wise abated in any manner provided by law. [Ord. No.
24-90, § 1, 5 Jun 90]
§ 672.01
UTILITIES DEPOSIT
CHAPTER 672
UTILITIES DEPOSIT
§ 672.03
Sec. 672.01 Utilities Deposit Required. The City of
Cape Canaveral shall require a deposit for sewer and garbage
and trash collection services for all residential, commercial
and industrial accounts. [Ord. No. 13-84, § 1, 17 July 1984]
Sec. 672.03 Fee Schedule. The deposit shall be based
upon the following schedule:
A. Residential Customers
B. Commercial Customers
C. Industrial Customers:
$ 65.00
$200.00
1. For new industrial customers whose monthly
sewage charges are based upon water consumption
at existing service location:
A deposit fee equivalent to a three months'
service period for sewer and garbage, plus
three months' penalty charges. Monthly
charges are to be computed upon the average
monthly charge for the previous six month
period.
2. For a new industrial customer at new service
locations:
A deposit fee equivalent to the sewage rate
for the estimated water consumption;b,ased upon
the Department of Environmental Regulations
Technical Information Memorandum, Sec. 6.2.1.,
and the estimated garbage service multiplied by
three, plus three months penalty charges.
3. This deposit fee may be recalculated after six
(6) months based upon actual sewage and garbage
service charges.
4. In lieu of the cash deposit required for
industrial customers, the customer may post a
surety bond to the City of Cape Canaveral in an
amount equal to the deposit. [Ord. No. 13-84, § 1,
17 Jul 1984; Ord. No. 11-88, §1, 6 Sep 88]
PAGE REVISED
6 SEP 88
§ 672.05
UTILITIES DEPOSIT § 672.09
Sec. 672.05 Payment of Deposit. The deposit shall be
paid to the City Treasurer by the new customer upon occupancy.
[Ord. No. 13-84, § 1, 17 Jul 1984]
Sec. 672.07 Termination of Services. The deposit shall
be returned to the depositor upon satisfaction of all out-
standing balances, upon termination of the service. [Ord.
No. 13-84, § 1, 17 Jul 1984]
Sec. 672.09 Refund of Deposit. Any deposit pursuant to
this Chapter shall be refunded to the customer upon the
satisfactory completion of twenty-four (24) months service
without a thirty -day delinquency. [Ord. No. 13-84, § 1,
17 Jul 1984]
§ 677.01
MOSQUITO 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 personwho violates any of
the provisions of h 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, ortheperson
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 unattended -upon 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
§, 682.0.2
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'_19791'
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 detourinany 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 A1A 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
§ 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 becharged
with violating the provisions of this ordinance by
reason ofoperating 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]
§ 701.01 ANIMALS CONTROLLED § 701.06
CHAPTER 701
ANIMALS CONTROLLED
Sec. 701.01 Animal Control Ordinance Adopted. The
Brevard County Animal Control Ordinance, as amended, is
hereby adopted by reference as though it was copied
herein fully. [Ord. No. 20-82, § 1, 21 Dec 1982; Ord.
No. 11-86, § 1, 15 Apr 1986]
Sec. 701.03 Animal Control Officer. Wherever the
term "Animal Control Officer" is used in the Brevard
County Ordinance, it shall be construed to mean the
person or persons appointed by, contracted with or
employed by the Brevard County Board of County
Commissioners or by the City of Cape Canaveral,
Florida, to carry out the duties and enforcement of
this Chapter. [Ord. No. 20-82, § 1, 21 Dec 1982; Ord.
No. 11-86, § 1, 15 Apr 1986]
Sec. 701.05 Animals Prohibited in Parks and on
Beaches. No animal shallbe allowed in any public park
or on any beach in the City of Cape Canaveral, unless a
specific park or beach area is designated as an area
where animals shall be permitted. Such designation
shall be by Resolution adopted by the City Council.
Parks and beach areas so designated shall be properly
identified and posted. Any animal found in a park or
on a beach not designated for such shall be deemed a
violation of this Chapter, and the owner thereof shall
be punished by issuance of a citation by the Animal
Control Officer, or a Law Enforcement Officer with
jurisdiction in the City of Cape Canaveral. Such
citation shall result in a fine of thirty-five dollars
($35.00). Failure to pay the fine within ten (10) days
of issuance of the citation shall result in the
citation being transferred to the State Attorney's
Office and shall be considered to be punished as
provided for in Section 801.01. Dogs trained to assist
or aid disabled or handicapped persons, when such dogs
are actually being used to assist or aid such persons,
shall not be prohibited from any park or beach. [Ord.
No. 20-82, § 1, 21 Dec 1982; Ord. No. 20-83, § 1, 6 Sep
1983; Ord. No. 11-86, § 1, 15 Apr 1986; Ord. No. 4-91,
§ 1, 19 Feb 91]
Sec. 701.06 Bees and Beehives Prohibited. The
raising of bees or maintenance of beehives within the
PAGE REVISED
19 FEB 91
701.06
ANIMALS CONTROLLED S 701.09
city limits of Cape Canaveral is hereby prohibited.
[Ord. No. 13-89, § 1, 4 Oct 89]
Sec. 701.07 Penalty. Any person convicted of a
violation of this Chapter shall be punished as provided
in Sec. 801.01., [Ord. No. 20-83, § 1, 6 Sep 1983; Ord.
No. 11-86, § 1, 15 Apr 1986]
Sec. 701.09 Severability. The provisions of this
chapter shall be deemed to be separate and independent
of all other provisions herein and if any provisions of
this chapter are declared invalid or void for any
reason, the invalidity thereof shall not .affect the
remaining provisions of this chapter. [Ord. No. 20-82,
§ 1, 21 Dec 1982; Ord. No. 11-86, § 2, 15 Apr 1986]
CHAPTER REVISED
4 OCT 89
703.01 LOT CLEARING § 703.05
CHAPTER 703
LOT CLEARING
Sec. 703.01 Declaration of Legislative Intent. The
City Council finds and determines that the rapid, continuous
growth and development of the incorporated areas of this City
require the reasonable and effective control and_ regulation
of excessive growth and accumulation of weeds, undergrowth
and other plant life to the- extent and in such manner as to
cause infestation by rodents and other wild animals, the
breeding of mosquitos and vermin, or to threaten or endanger
the public health,or adversely affect and impair the economic
welfare of adjacent property. [Ord. No.,26-83, § 1, 3 Jan 84]
Sec. 703.03 Public Nuisances Prohibited. The existence
of excessive accumulation or untended growth of weeds, under-
growth or other dead or living plant life' over twelve (12)
inches in height, upon any lot, tract or parcel of land,
improved or unimproved, within one hundred (100) feet of the
boundary line of any improved property within the incorporated
areas of this City to the extent and in the manner that such
lot, tract or parcel of land is or may reasonably become
infested or inhabited by rodents, vermin, or wild animals, or
may furnish a breeding place for mosquitos; dead limbs or
portions of trees exceeding two (2) inches in diameter at their
base which because of their location constitutes a hazard to
adjoining property or overhead utilities on adjoining property,
or public thoroughfares, or any such conditions which threatens
or endangers the public health, safety or welfare, or may
reasonably cause disease, or adversely affects and impairs the
economic welfare of adjacent property, is hereby prohibited
and declared to be a public nuisance. [Ord. No. 26-83, § 1,
3 Jan 1984; Ord. No. 25-85, § 1, 21 May 1985]
Sec. 703.05 Notice. If the Building Official finds and
determines that a public nuisance as described and declared in
Sec. 703.03 hereof exists, he shall so notify the owner of record
of the offending property in writing and demand that such owner
cause the condition to be remedied. The notice shall be given
by registered or certified mail, addressed to the owner or
owners of the property described as their names and addresses
are shown upon the record of the county tax assessor, and shall
be deemed complete and sufficient when so addressed and deposited
in the United States mail with proper postage prepaid. In the
event that such notice is returned by postal authorities, the
director shall cause a copy of the notice to be served by a
law enforcement officer upon the occupant of the property or
upon any agent of the owner thereof. In the event that personal
service upon the occupant of the property or upon any agent of
the owner thereof cannot be performed after reasonable search
by a law enforcement officer, the notice shall be accomplished
by physical posting on said property.
PAGE REVISED
21 MAY 85
§ 703.05 LOT CLEARING § 703.07
The notice shall be in substantially the following form:
NOTICE OF PUBLIC NUISANCE
Name of Owner
Address of' Owner
Our records indicate that you are the owner (s) of
the following property in the City of Cape Canaveral,
Florida:
(describe property)
An inspection of this property discloses, and I have
found and determined, that a public nuisance exists
thereon so as to constitute a violation of the City
of Cape Canaveral Lot Clearing Ordinance in that:
(describe here the condition which
places the property in violation)
You are hereby notified that unless the condition
above described is remedied so as to make it non -
violative of the Cape Canaveral Lot Clearing
Ordinance within twenty (20) days from the date
hereof, the City of Cape Canaveral will proceed
to remedy this condition and the cost of the work,
including advertising costs and other expenses,
will be imposed as a lien on the property if not
otherwise paid within thirty (30) days after
receipt of billing.
If you have any objections or would like clarification
of this notice, contact the City of Cape Canaveral,
105 Polk Avenue, Cape Canaveral, Florida 32920,
telephone (305) 783-1100.
City of Cape Canaveral, Florida
By:
Building Official
Sec. 703.07 Hearing. Within twenty (20) days after
the mailing of notice, to him, the owner of the property.
§ 703.07 LOT CLEARING § 703.11
may make written request to the City Manager for a hearing
before him to show that the condition alleged in the notice
does not exist or that such condition does not constitute
a public nuisance. Within ten (10) days from the hearing
date, the City Manager shall give his decision in writing.
At the hearing, the City and the property owner may
introduce evidence as is deemed necessary. The City Manager
shall hold hearings on a regular basis, at such time and
place as he determines, and he shall establish rules and
regulations for the review procedure. [Ord. No. 26-83,
§1, 3 Jan 84]
Sec. 703.09 Appeal. If the property owner does not
concur with the City Manager's decision, he may file a
written notice of appeal with the City of Cape Canaveral
within ten (10) days of his having received the City
Manager's decision. The appeal shall be held by the City
Council and shall be limited to reviewing the .City Manager's
decision. The Council shall issue its decision byeither
affirming or reversing by a majority vote. Following the
review by the City Council, the property owner will have
exhausted his administrative remedies. [Ord. No..26-83,
§1, 3 Jan 84]
Sec. 703.11 Condition May be Remedied By City. If,
within twenty (20) days after mailing of the notice,, no
hearing has been requested and the condition described
in the notice has not beem remedied, the City Manager
shall cause the condition to be remedied by the City at
the expense of the property owner. If a hearing has been
held and has concluded adversely to the property owner,
the City Manager shall cause the condition to be remedied
by the City at the expense of the property owner..
After causing the condition to be remedied, the City
Manager shall certify to the City Treasurer the exPense
incurred in remedying the condition and shall include a
copy of the notice previously described and a copy of the
decision, if any, where upon such expense shall.become
payable within thirty (30) days, after which a special
assessment lien.and charge will be made upon the property,
which shall be payable with interest at the rate of
eight percent (8%) per annum from the date of such
certification until paid.
Such lien shall be enforceable in the same manner as
a tax lien in favor of the City and may be satisfied at
any time by payment thereof including accrued interest.
§ 703.11 LOT CLEARING § 703.13
Upon such payment, the Clerk of the Circuit Court shall
by appropriate means, evidence the satisfaction and
cancellation of such lien upon the record thereof and
notify the tax collector of such satisfaction. Notice
of such lien may be filed in the Office of the Clerk of
the Circuit Court and recorded among the public records
of Brevard County, Florida. [Ord. No. 26-83, § 1, 3 Jan
84]
Sec. 703.13 Records. The City Treasurer shall keep
complete records relating to the amount payable on liens
above described andtheamounts of such liens shall be
included in tax statements for ad valorem taxes there-
after submitted to the owners.of lands subject. to liens.
Any action taken pursuant to this Chapter in regard to
the disposal, abatement or removal of the conditions
herein declared public nuisances shall be considered
cumulative and in addition to penalties and other remedies
provided elsewhere in this Code. [Ord. No. 26-83, §1,
3 Jan 84]
§ 711.01 NOISE REGULATIONS § 711.02
CHAPTER 711
NOISE REGULATIONS
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 regulations is a
matter of legislative determination.and public policy
and this chapter 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
residing therein. [Ord. No. 2-74, §1, 5 Feb .1974 ;
Ord. No. 33-85, § 2, 18 Jun 1985]
Sec. 711.02 Enumeration of .Prohibited Noises. It
is unlawful for any person within the City to make,
continue, or cause to be made or continued any loud,
unnecessary or unusual noise which either annoys, disturbs
or endangers the comfort, repose, health, peace or safety
of others, and the following acts, among others, are to
be declared to be loud, disturbing and unnecessary noises
in violation of this section, but the said enumeration
shall not be deemed to be exclusive, namely:
(A) The sounding of any horn or other signalling
device on any automobile, motorcycle, or other motor
vehicle on any street or in any public place within the
City, except as a danger warning; the creation by means
of such signalling device of any unreasonably loud or
harsh sound, and the sounding of any such device for an
unnecessary and unreasonable period of time; the use of
any horn or other signalling device operated by the
engine exhaust of any motor vehicle, and the use of any
such horn or other signalling device when traffic is
for any reason held up;
(B) The playing, using, operating or permitting to
be played, operated, or used, of any radio receiving set,
musical instrument, television set, phonograph, or other
machine or device for the producing or reproducing of
sound, in such a; manner as to disturb the peace, quiet
CHAPTER REVISED
16 JUL 85
§ 711.02 NOISE REGULATIONS § 711.02
and comfort of the neighboring residents at any time
with louder volume than is necessary for the convenient
hearing of the person or persons who are in the room,'
vehicle, or immediate area in'which such machine or
deviceis being operated and who are voluntary listeners
thereto; the operation of any such radio receiving set,
musical instrument, television set, phonograph or other
machine or device for producing or reproducing sound,
between the hours of 11:00 P.M. and 7:00 A.M. in such
a manner as to be plainly audible at a distance of one
hundred (100) feet from the building, structure or
vehicle' in which it is located, shall be deemed prima
facie evidence of a violation of this section;
(C) The playing, using, operating or permitting to
be played, used or operated any radio receiving set,
musical instrument, phonograph, loudspeaker, sound
amplifier or other machine or device forr the. producing
or reproducing of sound which is cast upon the public
streets for the purpose of commercial advertising or
attracting the attention of the public to any building
or structure; provided, however, that within the
commercial zoned district, the City Manager may issue a
permit to allow certain of the above activities subject
to conditions that would not materially disturb the
tranquility of persons in the vicinity;
(D.) Yelling,, shouting, hooting, whistling or
singing on the public streets between the hours of
11:00 P.M. and 7:00 A.M., or at any time or place so
as to annoy or disturb the quiet, comfort or repose of
persons in any office, store, o•r in any dwelling, hotel
or other type of residence;
(E) The keeping. of any animal or bird which, by
frequent or long -continued noise, shall disturb the
comfort or repose of persons in the vicinity thereof;
(F) The discharge into the open air of the exhaust
of any engine, motor, motorboat, or motor vehicle, except
through a muffler or other device which will effectively
preventloud, explosive, andunnecessary noise therefrom;
(G) The use of any automobile, motorcycle or other
vehicle so out ofirepair, so loaded or in such manner as
to create loud and unnecessary grating, grinding, rattling
or other noise. [Ord. No. 36-85, § 1, 16 Jul 1985]
CHAPTER REVISED
16 JUL 85
§ 711.10 NOISE REGULATIONS § 711.25
Sec. 711.10 Construction Noise.
(A) The construction, erection (including
excavation), demolition, alteration or repair, of
any building shall be permitted only between the hours
of 7:00 A.M. and 7:00 P.M. Monday through Saturday.
These activities shall be prohibited at all other
times and also during all hours on New Year's Day,
4th of'July, Labor Day, Thanksgiving Day and Christmas,
except in case of urgent necessity in the interest of
public health and safety, and then only with a permit
from the Building Official, which permit may be granted
for a period not to exceed three (3) days, or less,
while the emergency continues and which permit may be
renewed for periods of three (3) days, or less, while
the emergency continues. If the Building Official shall
determine that the public health and safety will not be
impaired by the erection, demolition, alteration or
repair of any building or the excavation of streets and
highways between the hours of 7:00 P.M. and 7:00 A.M.,
and during all hours of the holidays listed above, and
if he further determines that loss or inconvenience would
result to any party in interest, he may grant permission
for such work to be done between the hours of 7:00 P.M.
and 7:00 A.M., and during all hours of the holidays
listed above, upon application made at the time the
permit for the work is awarded or during the progress
of the work.
(B) Home repairs by occupants or home additions
by occupants that do not exceed five hundred (500)
square feet shall also be excluded from provisions of
this chapter.
(C) The Building Official is hereby empowered to
issue a stop work order for violation of this chapter
and further, upon repeated occurances, may revoke the
building permit of the violator. [Ord. No. 33-85, § 2,
18 Jun 1985]
Sec. 711.25 Penalties. Any person violating any
of the provisions of this chapter shall be punished as
provided in Section 801.02. [Ord. No. 2-74, § 5, 5 Feb
1974; Ord. No. 33-85, § 2, 18 Jun 1985]
CHAPTER REVISED
16 JUL 85
§721..01 OCCUPATIONAL LICENSES §721.01
CHAPTER 721
OCCUPATIONAL LICENSES
Sec. 721.01 Definitions. As used in this chapter
the terms that follow shall have the following meanings
respectively ascribed to them unless the context re-
quires otherwise:
Business Profession and Occupation do not. include
the customary religious, charitable, or educational
activities of nonprofit religious,nonprofit charit-
able, and nonprofit educational institutions in this
State, which institutions are more particularly defined
and limited as follows:
A. Religious Institutions shall mean churches and
ecclesiastical or denominational organizations or estab-
lished physical places for worship in this. State at
which nonprofit religious services and activities are
regularly conducted and carried on, and shall, also mean
church cemeteries.
B. Educational Institutions shall mean State tax-
supported or parochial, church and non-profit schools,
colleges, or universities conducting regular classes
and courses of study required for accreditation by or
membership in the Southern Association of Colleges and
Secondary Schools, the Department of Education or the
Florida Council of Independent Schools. Nonprofit
libraries, art galleries, and museums open to the
public are defined as educational institutions and
eligible for exemption.
C. Charitable Institutionsshall mean only non-
profit corporations operating physical facilities in
this State at which are provided charitable services, a
reasonable percentage of which shall be without cost to
those unable to pay.
Contractor shall mean any person accepting or offer-
ing to accept orders of contracts for doing any work on
or in any building or structure requiring the use of
building materials or accepting or offering to accept
orders or contracts to do any paving or curbing on
sidewalks or streets, public or private property,
CHAPTER REVISED
21 JUL. 87
§721.01 OCCUPATIONAL 'LICENSES §721.01
requiring the use of appropriate material or any
composition; or accepting or offering to accept orders
orcontracts to excavate earth, rock or material for
foundations or any other purpose; or accepting or
offering to accept orders or contracts to construct any
sewer of appropriate material or other material;. or
accepting or offering to accept orders or 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, air conditioning apparatus or equipment; whether
such work is done or offered to be done by day labor;
general contract or subcontract. Everyperson engaging
in the business of accepting or offering to accept
orders for contracts fordoing any work on or in any
building .or premises involving erecting, installing,
altering, repairing', servicing, or maintaining electric
wiring, devices or appliances permanently connected to
such wiring, or the erecting, repairing, or maintaining
of lines, shall be deemed to be an electrical
contractor. Every person engaged in the business of
plumber or steamfitter shall be deemed to be a
contractor. 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 buildings or building, whether or not such person
contracts with one or more duly licensed contractors
for. one or more portions but does not contract withany
one person for all the work of erecting any one of said
buildings, shall be deemed to be a contractor if he
shall build more than one house in any one year.
Employee shall mean any person who engages in any
business, profession or occupation under any appoint-
ment, agency, contract of hire, or apprenticeship ex-
press or implied, oral or written.
Inventory shall mean and include those chattels
consisting of items commonly referred 'to as goods,
wares and merchandise (as well as inventory) which are
held for sale, rental, or lease to others in the
ordinary course of business.
CHAPTER REVISED
21 JUL 87
§721.01 OCCUPATIONAL LICENSES. §7:21..01.
Merchandise shall mean any goods, wares or
commodities bought or,sold-in the usual course of
trade, wholesale or retail., including necessities,
provisions; and articles for immediate consumption..
Merchant shall mean. any person. engaged. in: the
business of selling merchandise.at retail or wholesale,
including. merchandise agencies, merchandise brokers,
dealers, distributors, jobbers, buying clubs, and all
others whose business includes, the sale of merchandise
except. a manufacturer or processor who creates or fabri-
cates an entirely new or .different product'or articles
of: in.ventory,.. and those .businesses which pay an -ad-
occupational license. tax based'upon the number
of employees or floor space. in a particular`:'classifi-
cation. Vendors of _food or. flour, bottling Works, _Prot
cessors of .bakery and dairy products,. stone -'works,
planers -or. o.f lumber and other persons who do
not, create a new or entirely ,new or different 'article
shall be _deemed merchants. for ,:the purpos.e 'of this
chapter.
Merchant .Retail. shall mean any merchant who sells to
the ,consumer for. anyi purpose other than resale.
Merchant. Wholesale shall.mean_.any,merchant who. sells
to another for the purpose of resale. Sales to govern-
mental. entities. shall b.e considered wholesale sales.
.Number of Employees shall mean in those instances in
this chapter wherein. the .license .,tax .is based upon
",number '.of employees" it shall mean the. average ,daily
number of employees during the ,past year. -A)'new
business shall be b.ased on number of employee's -on
opening day...All principals, in .the. business shall be
deemed .as employeesand be included .in -the calculation.
Person shall mean any individual, . firm,' partnership,
joint adventure_, syndicate or other 'group, or
combination." acting. as .a unit, association, .corporation,
estate, trust, business.,tr.u.st, tr.ust.ee, executor,
administrator, receiver or. other fiduciary and shall
include the:plural as well as the singular.
CHAPTER REVISED
21 JUL 87
S721.01 OCCUPATIONAL LICENSES'
§721.05
Sale shall mean the transfer of ownership or title,
or possession, transfer, exchange or barter, whether
conditional or otherwise, for a consideration.• (Ord.
No. 16-81, §1, 15 Sep 81; Ord. No. 19-87, §1, 21 Jul
87]
Sec. 721.03 Occupational License Tax Levy. An occu-
pational license tax is hereby levied for the privilege
of engaging in or managing any business, profession, or
occupation within the City. Such occupational license
tax is levied on:
A. Any person who maintains a permanent business
location or branch office within the City for th.e
privilege of engaging in or managing any business in
the City.
B. Any person who maintains a permanent- business
location or branch office within the City for the
privilege of engaging in or managing any profession or
occupationwithin the City.
C. Any person who does not qualify under the pro-
visions of subsection. (A) or subsection (B) and who
transacts any business or engages in any occupation or
profession in interstate commerce, if such ..license 'tax
is not prohibited by Section 8•of Article I of the
United States Constitution. (Ord. No. 16-81, Si, 15
Sep 81; Ord. No. 19-87, §1, 21 Jul 87]
Sec. 721.05 License Required; Payment of Tax
Prerequisite to Issuance. Each person who shall engage
in, transact or manage, or be the agent for, any
business, or who shall performor offer to perform
services or sell goods, advertise goods for sale,'or
perform services or solicit or advertise the perfor-
mance of services for any of the businesses, pro-
fessions or occupations mentioned in this chapter,
shall shall first procure a license from the City, and shall
upon procuring the license, and before the issuance of
the same', pay the amount of license tax required there-
for as hereinafter provided. [Ord No. 19-87, §1, 21
Jul 87]
CHAPTER REVISED
21 JUL 87
§721.07
OCCUPATIONAL LICENSES
§721.13
Sec. 72.1.07. Construction of. Chapter.Provisions.
Each provision in this. chapter contained and each
license tax by this chapter imposed is intended to be
separate and independent. and, is intended., to be con-
strued distributively. [Ord. No. 19-87, §1, 21 Jul'87]
Sec. 721.09 Employment of Personnel to Enforce
Chapter Provisions. The City Manager shall be and is
hereby empowered to employ such clerical'and other help
as,.shall 'be necessary. to fully enforce the provisions
of this chapter. [Ord. No. 19-87, §1, 21 Jul 87]
-Sec. 721.11 Unlawful to engage in business, etc.
without license or make false statements in license
application. It shall be unlawful for any"person'to
exercise'any of the privileges or to carry on or engage
in or conduct any of the businesses, occupations or
professions. herein specifically enumerated without
paying the occupational license tax.or taxes required
by this chapter in the manner herein.provided or to
fail to make any reports to the City Finance Director
as required, or to violate any other provision of this
chapter. [Ord.. No. 19-87, §1, 21 Jul 87]
Sec. 721.13 Penalty for making.false statement in
License .Application. Any person found making a state-
ment showing value ,of inventory in an amount less than.
the true amount. thereof in. his application, for a
license, or knowingly.making a false statement as to
any other condition or factor upon which the license
fee is or shall be based,. the effect of which would be
to reduce the. amount of such fee, shall. in- addition to
all other penalties now.provided by law, pay to the
,Director of. Finance, upon demand .theref or , the ad-
ditional .amount ,.of. license, ,fee found to be due, plus a
penalty..of .twenty-five (25) percent of -such additional
amount with interest on the additional fee of one per--
cent per .month or.major fraction thereof after the date
when the original license fee was due and payable to
the Director of Finance, and -any, license theretofore
issued to any such person shall.be subject to revo-
cation, if so determined by the council.: [Ord
19-87, S1, 21 Jul 87]
CHAPTER REVISED
21 JUL 87
S721.15 OCCUPATIONAL LICENSES §721.17 383
Sec. 721.15 Form, signing of licenses; report of
information to City Finance Director.
A. The Director of Finance shall prescribe the form
of all licenses and applications therefor, and, except
as otherwise provided by ordinance, all licenses shall
be signed by the Director of Finance and shall be in-
valid for all `'purposes unless so signed. Each person
required to pay an occupational license tax shall
report under oath to the City Finance Director all in-
formation necessary for a proper determination of the
occupational license tax due for each classification to
which he is subject, including the number of employees,
size or average inventory of stock on hand. The City
Finance Director is authorized to prepare interrogator-
ies to furnish forms for filing of the reports to
obtain the information necessary to determine, the
proper occupational license tax due. The City Finance
Director is further authorized to make such invest-
igation and inspection of each place of business and
the records pertaining thereto as is necessary to
verify any reports or to determine the proper occu-
pational license tax or taxes due under this chapter.
B. Any person who is both a wholesale and retail
merchant as defined in this chapter is hereby required
to'make separate reports for the wholesale business and
for the retail business and to obtain licenses
accordingly; however., any retail merchant who desires
to do a wholesale business also may elect,to do such
wholesale business under his retail license, by paying
a -license tax based on both the retail and wholesale
business at the retail rate.
Sec. 721.17 License Year; when license tax due and
payable; term of license; proration of fees. The
license year for all occupational, business or other
licenses shall begin October 1 of each year and shall
expire on September 30 of the succeeding year. All
such licenses shall be sold by the Finance. Director
beginning September 1 of each year and shall be due and
payable on October 1 of each year. No license shall be
issued for more than one year. For each license ob-
tained by any new business, occupation or agent after
April 1 of the following year, one-half of the license
for one year shall be paid, unless otherwise herein-
after provided. ['Ord. No. 19-87, §1, 21 Jul 87]
CHAPTER REVISED
21 JUL 8 7
§721.19
OCCUPATIONAL LICENSES
§721. 27
Sec. 721-.19 When license taxes deemed delinquent;
penalty for delinquency. Each license not renewed by
October 1 shall be considered delinquent and subject to
a delinquency penalty of ten (10) percentof the total
tax due for the month of October, plus an additional
delinquency penalty of five (5) percent of the tax due
for ,each month of delinquency thereafter until paid;
however,the total penalty shall not exceed twenty five.
(25.) percent of the total .tax .due. Nothing in this
section,however, shall be construed to prevent the
imposition of:a fine, or imprisonment, or both, upon
conviction for violation of any provision -of this
chapter. [Ord.., No. 16-81, -§1, . 15Sep 81; . Ord. No.
19-87, §1, 21 Jul 87]
Sec. 721.21 Licenses requiring council approval;
submission of application. All applicants for licenses
requiring approval of the council . shall submit appli-
cations not less than two (2)-weeks prior to regular
meeting of the council to allow sufficient time :for
investigation, etc., of the applicant. [Ord. No.
19-87, §1,.21 Jul 87] .
Sec. 721.23 Issuance of license to corporations,
partnerships, etc. Any license may be issued to any
corporation, association, or partnership,or.to..two ,(2)
or more persons ,engaged in any .joint enterprise, the.
same as to a single person andfor the same fee, except
whereotherwisespecially provided. [Ord. No. 19-87,
§1, 21 Jul 87]
Sec. 721.25 Duty ofcorporations tocomplywith
chapter provisions. It shall be the duty of all
officers and agents of any corporation to see that such
corporation complies, withthe provisions of the
chapter, and all officers or agents of any corporation
required by this chapter to be licensed who shall do
business without without..having paid the. license' tax imposed
and procured such License _ shall be subject to the
penalties imposed by this chapter. [Ord. No. 19-87,
§1, 21 Jul 87],
Sec. 721.27 Separate.license_require,d for each
place of business. A separate license shall be
obtained for each placeof business conducted,
operated, maintained, or carried on by every person
CHAPTER REVISED
21 JUL 87
§721.27 OCCUPATIONAL LICENSES
S721.33
engagedinany occupation,.. trade or enterprise, for
which a license is required by the ordinances of the
City. [Ord. No. 16-81, Si, 15 Sep 81; Ord. No. 19-87,
§1, 21 Jul 87]
Sec. 721.29 Multiple Licenses. Except as otherwise
stated herein, in the event any person engaged in a
business, occupation, or profession at one location or
place of business is required in the operation of said
business, etc., under the terms of this chapter to have
more than one license, and to pay more than one license
tax; the licensee shall pay in full all license fees so
required. [Ord. No. 19-87, §1, 21 Jul 87]
Sec. 721.31 Preservation, display of license. All
1: "'icenses granted by the City shall be carefully pre-
served and shall be displayed in a conspicious place in
the place of business authorized to be conducted by'the
license. [Ord. No. 16-81, Si, 15 Sep 81; Ord. No.
19-87, §1, 21 Jul 87]
Sec. 721.33 Transfer of license; fees; refunds.
A. All licenses issued by the City shall be trans-
ferred with the approval of the Director of Finance
with the businesses for which they were taken out,
except as otherwise provided for by law, when there is
a bona fide sale and transfer of the property used and
employed in the business as stock in trade, and not
otherwise; provided, that the seller of the business
shall present the license to the Department of Finance
with the endorsement on the reverse side of the license
issued, assigning all right, title and interest to the
purchaser, and the purchaser shall produce a properly
executed bill of sale showing the transfer of stock
from the person licensed to the purchaser., Licenses
may be transferred from one location to another;
provided, that the license is presented to the
Department of Finance for approval -of such transfer.
B. Upon the'. transfer of ownership of any such
licenses, there shall be a.fee .of three dollars ($3.00).
Fora transfer of location by the same ownership, there
shall be a fee of three dollars ($3.00). Fees pre-
scribed by this chapter shall in no case be refunded.
CHAPTER REVISED
21 JUL 87
§721.33-
OCCUPATIONAL LICENSES
§721.39
C. No occupation license to general or subcontractor
may be assigned, or .transferred from one person, to
another. [Ord. No. 16-81, §1, 15 Sep 81; Ord. No.
19-87, §1, 21 Jul 87]
Sec. 721.35 Advertisement deemed conclusive
evidence of engaging in business, etc.. The advertise-
ment of any business, profession or occupation, by
sign, newspaper, magazine or otherwise, shall ,be con-
clusive evidence of the engaging .in, and carrying on in
the City of the business, profession or occupation so
advertised. [Ord. No. 16-81, §1, 15 Sep 81; Ord. No.
19-87, §1, 21 Jul 87]
Sec. 7.21.37 Established place of business required.
No license shall be issued for any business where the
business. .is conducted from vehicle or temporary
structure. [Ord. No...19-8.7, §1, 21 Jul 87]
Sec. 721.38 Exemption from payment of license tax;
state law to govern. Any person entitled to exemption
under the laws of the State shall .be exempt from .the
payment of a license tax to the City; however, in no
case shall a person be exempt from a payment of the
occupational license tax in excess of- fifty- dollars
($50.00). The laws of the State shall govern such ex-
emptions. Applicants for .exemption shall make affi-
davit that.total exemption, for all municipal licenses,
does not exceed fifty dollars ($.50.00) . veterans must
be at least ten (10) percent.disabled to qualify. for
exemption.: Nothing in this chapter shall be construed
as. interfering..w.ith regulating or:taxing.any person'in
business against whom the right of. taxation has already
been. preempted by the. State, nor as giving to -.any
person the right to: obstruct,the streets,' sidewalk. or,
other public places in the City. [Ord. No. 16-81, . §1,
15 Sep 81; Ord. No. 19-87, §1, 21 Jul 87]:
Sec..721.39 Insurance Requirements. Whenever
indicated elsewhere in this Chapter, applicants may be
required to present the City with :a certificate showing
insurance coverage for general .tort liability in an
amount of not less than $10(1,000.00 to any one person,
$300,000.00 for any one accident and $25,000.00
property damage, prior to the issuance of a license.
[Ord. No. 19-87, §1, 21 Jul 87]
CHAPTER REVISED
21 JUL 87
§721.40 OCCUPATIONAL LICENSES
§721.47
Sec. 721.40 Special Provisions for Contractors and
Subcontractors.
A. All contractors and subcontractors shall be
required to 'furnish .a surety bond in the amount of
$1,000 payable to the City of Cape Canaveral prior to
the issuance of an occupational license.
B. No license shall be issued to any contractor,
general or otherwise, unless the applicant therefor
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 $100,000.00 to any one
person, $300,000.00 for any one accident and $25,000.00
property damage. [Ord. No. 19-87, §1, 21 Jul 87]
Sec. 721.41 Application of chapter provisions 'to
farmers. Nothing in this chapter shall be construed to
require any farmer to procure a license to sell vege-
tables or fruits within the City, if such vegetables or
fruits 'are 'the produce of his own farm, located within
the State. (Ord. No. 19-87, §1, 21 Jul 87]
Sec. 721.43 License fee for businesses, etc., not
otherwise designated. Every business, occupation,
profession or exhibition, engaged in by any person, not
herein specifically designated, shall pay a license . fee
of thirty-one dollars and twenty-five cents ($31.25).
[Ord. No. 16-81, §1, 15. Sep 81; Ord. No. 19-87,.§1, 21
Jul 87]
Sec. 721.45 Records of issued licenses; contents.
The Director of Finance shall keep an accurate and
thorough record of all licenses issued, showing the
nature of the license, its date, expiration and to whom
issued. [Ord. No. 16-81, §1, 15 Sep 81; Ord. No.
19-87, §1, 21 Jul 87]
Sec. 721.47 Records to be kept by all persons
engaging in business for which license is required. It
shall be the duty of every person engaging or con-
tinuing in the City any business or exercising any
CHAPTER REVISED
21 JUL 87
§721.47 OCCUPATIONAL LICENSES §721.53
privilege subject to a license tax to keep and preserve
suitable recordsof the average annual inventory of
stock on hand, records sufficient to show, the number of
employees, and a record of all goods and merchandise
purchased or received for resale. It shall be the duty
of every person to keep and preserve, for a period of.
two (2) years, all invoices of goods and merchandise
purchased or received for resale and the employment
records of all employees and to furnish such records to
the City Finance Director for inspection upon request.
[Ord. No. 19-87, S1, 21 Jul 87]
Sec. 721.49 Each day of failure to comply with,
chapterprovisions deemed separate violation. Each day
of selling or disposal ofmerchandise or engaging in
business or occupation without complying with this
chapter shall constitute a separate and distinct
violation: of such chapter.
Sec. 721.51 Authority of .council to change, revoke,
etc. chapter provisions and enact other ordinances.
The adoption of this chapter and schedule of licenses
shall not abridge the right of the council to change,
alter, increase, decrease or revoke any of the licenses
provided for herein at any time; or to pass other
ordinances providing for excise or license taxes or
other license assessments whether pertaining to any of
the subject contained or provided for in this chapter
or not, and the same shall not affect any of the
matters or provisions of this chapter, unless
specifically so stated. [Ord. No. 19-87, §1, 21 Jul
87]
Sec. 721.53 Schedule of Rates.
ABSTRACT/TITLE COMPANIES/AGENCIES .
More than three (3) employees . .
ACCOUNTANT/AUDITOR
Accounting or Bookeeping
Service . .
$ 62.50
$ 93.75
$ 62.50
$ 62.50
CHAPTER REVISED
21 JUL 87
§7-21.53 OCCUPATIONAL LICENSES §721.53
ADVERTISING
Agents or agencies writing adver-
tisements for profit $ 125.00
Maintaining billboards signboards
upon which advertising is dis-
played either by permanent sign
painted thereon or paper posted
or attached thereto $ 125.00
Outdoor Advertising such as paint-
ed.walls, bulletins, billposting
electrical displays, etc. for
hire perspace, per year $ 43.75
Contracting for Advertising in or
on buses or other public carriers . $ 18.75
Sound Trucks,
By Police Permit only
AIRCRAFT AGENCY, including sales
service and for hire, new and used
$ 93.75
AIRCRAFT FLYING SCHOOLS or Flight
Lessons $ 62.50
AMBULANCE SERVICE, each vehicle • . $ 62.50
AMUSEMENTS
Arcade Operators, each $ 100.00
Billiards, Pool:
First Table $ 15.00
Each Additional Table $ 5.00
Bowling Alley, each alley $ 18.75
Carnival, each, per week, or
fraction thereof $ 1,250.00
(Requires Council Approval)
(Insurances required per Sec.
721.39)
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES $721.53
Circus, each, per day . . . . . . . . $ 312.50
(Requires Council Approval)
(Insurance required per Sec.
721.39)
Golf Course, 18 Holes . . $ 62.50
Golf Driving Range. . $ 62.50
Miniature and Tom Thumb Golf $31.25
Machines, coin -operated devices
firm $ 187.50
Machines, coin -operated game,
devices,. each. Any person who
leases or rents or places under.
any kind of arrangement, any coin-
operated machine except cigar-
ette, penny parcel, checking
lockers, toilet locks and U.S.
stamp machines, shall pay a fe.e
for each machine of . . . .
Machines, coin -operated, other
than above, each
$ 12.50
$ 6.25
Motion Picture Theatre $ 125.00
Indoor or Outdoor
Outdoor. concerts, music fests,
etc., per day . . . . . . .. . . $. 5.00
(Requires Council Approval)
Park Operator, Amusement, each $ 150.00
Riding devices (other than coin -
operated) each per day $ 10.00
(Insurance required per Sec.
721.39)
Rinks, skating, each per year..
Shooting, gallery, each per year . .
$ 62.50
$ 125.00
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES §721.53
Wrestling or Boxing
Per Match $ 31.25
ANIMAL CARE AND GROOMING $ 62.50
ASTRONOMERS $ 12.50
AUCTION HOUSE OR SHOP $ 125.00
AUCTIONEERS
Per Year $ 65.00
Per Day $ 25.00
AUTOMOBILES
New Vehicles, Agency/Dealer, each
location $ 125.00
Used Vehicles, Agency/Dealer,.
each location .$ 125.00
Each additional location for new
or used, to include single ve-
hicles displayed at service sta-
tions, etc .
$ 62.50
Service Station, per station $ 62.50
Automobile Storage:
Per 1,000 square feet up
to 2,000 $ 25.00
Each additional 1,000 feet
or fraction thereof $ 6.25
Automobile Parking Lot:
2,000 square feet or less $ 12.50
Each additional 1,000 feet
or fraction thereof $ 6.25
Vehicles for Hire (Rent-A-Car,
etc.) $ 93.75
(Insurance Required per Sec.
721.39)
CHAPTER REVISED
21 JUL 87
§721.53. OCCUPATIONAL LICENSES $721.53
Auto Parts, used
Auto Accessories
Auto/Vehicle Wrecker Service
Automotive Repair: (See Garage)
BAIT, Live
BAKERIES, Retail
$ 31.25
$ 31.25
$ 31.25
$ 18.75
$ 31.25
BAKERIES, Wholesale
(See Merchant)
Plus for each delivery vehicle. . . . $ 12.50
BANKS AND OTHER FINANCIAL INSTITUT-
IONS, includes Banks, Small Loan
and Finance, Savings and Loan . . . . $ 375.00
BARBERSHOPS:
First. Chair . . . . . .. . . . . . . $ 31.25
Each Additional Chair . . . . . . . . $ 6.25
BATH, Public (Turkish, Swedish, or
Mineral) or Health Center $ 62.50
BEAUTY PARLOR OR SALON:
First Operator . $ 31.25
Each Additional Operator $ 6.25
BICYCLE AND MOWER, Dealer, Rent,
Repair or Sales $ 31.25
BLUEPRINTING, PHOTOCOPYING SERVICE. . $ 62.50
BOATS FOR HIRE $ 12.50
BOATS,, SALES, SERVICE/MARINAS $ 125.00
BONDSMEN. . . $ 62.50
CHAPTER REVISED
21 JUL 87
§721.53
OCCUPATIONAL LICENSES §721.53'
BOOK AGENTS OR CANVASSERS, taking
orders or selling books or maga-
zines, resident $ 18.75
BOOKKEEPER $ 62.50
BOOT, SHOE REPAIR AND SHINE SHOP. . $ 18.75
BOTTLE WORKS $ 62.50
Each Truck $ 12.50
BOTTLED WATER, SALES, DISTRIBUTOR . . $ 25.00
BROKER:
Mercantile broker/agent $ 62.50
Stocks and bonds, broker/
firm or office $ 62.50
Stocks and bonds agent or
salesman $ 25.00
BUILDING MATERIALS OR SUPPLY DEALER
(See Merchant)
BUS COMPANY, Local $ 25.00
BUS TERMINAL $ 125.00
BUSINESS OFFICE, persons utilizing
or renting office or desk space for
a business not otherwise licensed.
When solely operated by Owner . . . . $ 31.25
Not more than 3 employees $ 37.50
4 and not over 5 employees $ 43.75
6 and not over 15 employees $ 50.00
16 and not over 25 employees $ 56.25
26 and not over 50 employees $ 62.50
51 and not over 100 employees . . . $ 125.00
101 and not over 150 employees. . $ 187.50
For each 50 or part thereof, over 150 $ 62.50
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES $721.53
CABINET OR CARPENTER SHOP $ 31.25
CAR WASH $ 31.25
CASH REGISTER, BUSINESS MACHINE,
TYPEWRITER, ETC. , sales, rentals
and service only;. not to include
office supplies
CATERING SERVICES
(Does not include Mobile Food
Vendors)
CHILD CARE CENTERS, DAY NURSERY,
KINDERGARTEN
$ 31.25
$ 31.25
6-25 Children - $ 31.25
26-50 Children $ 62.50
51-75 Children $ 93.75
76 and over $ 125.00
CLAIM AND COLLECTION AGENCIES; must
file a $1,000.00 Surety Bond with
the City Clerk $ 62.50
CLAIRVOYANT, FORTUNE TELLER, MIND
READER, PALMIST $ 250.00
COLD STORAGE, BULK STORAGE. . . -. $ 62.50
CONCRETE PLANT. OR BLOCK.PLANT
$ ....187. 50
Plus, for each truck $ 15.00
CONTRACTOR:
Includes General Building
Contractors:
Class I . . .. .. . ... $ 125.00
Class II. . . ...... .. $ 125.00
Class III . . . .... . . .$ 62.50
Class III restricted. $ 62.50
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES $721.53
Subcontractors and contractors
other than general includes but
is not limited to the follow-
ing:
Carpenter
Construction
Electrical
Electrical Sign
Elevator
Engineering
Flooring
Glazing
Landscaping
Lathing
Masonry
Moving and
Wrecking
Ornamental
Repairs
Paving
Painting
Plastering
Plumbing
Roofing and
Sheet Metal
Septic Tanks
Sign Painting
Solar Heating
Structural Steel
Sprinkler
Tile and Terrazzo
Tile
Well drilling
Swimming Pool
Small Repair
CONVENIENCE STORES, (See Merchant)
When petroleum products are dis-
pensed from pumps a seperate
license is required (see Gaso-
line).
CREDIT CORPORATION
CREDIT COLLECTION AGENCY
DANCE HALL OR BALLROOM
DATA PROCESSING
DECORATOR, INTERIOR
Each applicant shall file with
the License Division a Surety
Bond of not less than $1,000.00.
DELIVERY SERVICE
$ 62.50
$ 62.50
$ 200.00
$ 62.50
$ 31.25
DELICATESSEN
DETECTIVE AGENCY:
Fee for Agency
In Addition, Each Investigator
$ 31.25
$ 31.25
$ 62.50
$ 31.25
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES §721.53
DIRECTORY, CITY, to engage in com-
piling City Directory. Required to
furnish all copies required by the
City. Each applicant must file a
Performance Bond of not less than
$1,000.00 with each license di-
vision . . . . . . . . . . . . $ 125.00
DOG, PONY OR OTHER ANIMAL SHOW:
First Day .. . ... . . . . . $ 31.25
Each Additional Day . $ 6.25
DRESSMAKING SHOP . . . ... . . . . . $ 18.75
DRY CLEANER:
Plant in City $ 31.25
Pickup station $ 12.50
ELECTRONIC DATA PROCESSING AND
SERVICE COMPANY (.Computer Program-
ming - Software)
Including all types of account-
ing, printing,.computing and
other servicesdone, byelectronic
equipment. Each location . . .
ELECTRIC LIGHT AND POWER COMPANIES
(See Utilities)
$ 125.00
EMPLOYMENT AGENCY .. . . . . $ 62.50
EXPRESS COMPANIES, each, F.S. .167 ... $ 31.25
Plus for each delivery vehicle. . . . $ 12.50
EXTERMINATOR, TERMITE AND PESTS
In addition, each truck
$ 31.25
$ 12.50
FACTORIES:
Production or assembly of apparel
and accessories, chemical and al-
lied products, metals, nonferrous
metals, glass, plastics, elec-
tronics and other manufacturing,
including Research & Development. . . $ 125.00
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES §721.53
FERTILIZER, Agent or Dealership
(See Merchant)
FIRE AND WRECK SALES, each, weekly. . . $ 62.50
FIREWORKS, Wholesale and Retail
(Prohibited)
FISH MARKET, (See Merchant)
FLORIST, (See Merchant)
When operated with other business
for which annual license tax has
been paid $ 20.00
FRUIT:AND VEGETABLE STORE
(See Merchant)
FUNERAL HOMES, includes undertaking
and embalming $ 93.75
FURNITURE DEALER, (See Merchant)
GARAGE; AUTOMOTIVE REPAIR:
Operating separately $ 62.50
In connection with other business
for which annual license tax has
been paid $ 25.00
GAS DISTRIBUTORS, Bottled . $ 31.25
GASOLINE, KEROSENE AND OIL:
Delivered in containers or by
tank truck $ 125.00
Wholesale with storage facilities
in the City $ 125.00
Distributors retailing from tank..
wagon (Prohibited)
CHAPTER REVISED
21 JUL 87
§721.53. OCCUPATIONAL LICENSES §721.53:
Retail pump sales, per pump . . .....$ 31.25
GLASS, PLATE, Installation $ 62.50
GUNS, DEALERS IN ARMS, FIREARMS
(See Merchant)
GUNSMITH, independent business $ 31.25
When in connection with other
business $ 20.00
HAULING CONTRACTOR:
Per Vehicle $ 18.75
Per Vehicle with tandem -type
axles . . . . . . . . . . . .. $31.25
HEALTH SPAS.
Includes. gymnasiums, physical
culture and slenderizing salons . . $250.00
(Masseur/masseuse requires sepe-
rate license unless salaried (See
Masseur)
HOSPITAL, SANITARIUM OR NURSING
HOME,operated for profit:
10 rooms .or less........... $ 62.50
Each additional room $6.25
Must possess approval by State
Board of Health and License from
State
HOTELS, MOTELS,:APARTMENTS, BOARDING
HOUSES AND LODGING HOMES
(See Lodging)
HYPNOTIST:
Therapeutic (F.S. 456) $25.00
Other than Therapeutic. . . . $125.00
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES $721.53
ICE CREAM MANUFACTURERS
ICE MANUFACTURER, without cold
storage
INSURANCE OR BONDING COMPANY
INSURANCE OR BONDING AGENCY:
Insurance Adjuster, each
Insurance Salesman, each
INTRODUCTORY SERVICE
Unmarried opposite sex only, not
to include escort service, lonely
hearts club or marriage bureau or
other business of a like nature.
For a six month periods, renewal
contingent upon the lack of sub-
stantial complaints. Licensee
and all personnel shall be sub-
ject to a satisfactory police
investigation to include finger-
prints, photograph, and FBI check.
Prior conviction of a crime in-
volving moral turpitude shall be
grounds for the refusal of a
license. Applicants or licensees
shall have the right of appeal to
the city council in the event of
a refusal to issue or in the
event of revocation of a license.
For the initial 6 month period or
fraction thereof
For each additional 6 months
period or fraction thereof
$ 62.50
$ 125.00
$ 31.25
$ 31.25
$ 31.25
$ 250.00
$ 125.00
JANITOR AND COMMERICAL CLEANING
SERVICE $ 31.25
Each applicant shall file with
the License Division a Surety
Bond of not less than $1,000.00
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES §721.53
JEWELRY, (See Merchant)... .
KENNELS, ANIMAL . ... . . . . . $ 62.50
KNIFE AND SCISSORS SHARPENER $ 12.50
LABORATORIES, Dental, Chemical, Re-
search & Development, etc., each. . . . $ 125.00
LANDSCAPING, except Contractors,
Architects, Engineers, or Florists
paying a City license tax as such . . . $ 31.25
LAUNDRIES:
Plant $ 31.25
Pickup Station. . . $ 12.50
LAUNDROMAT $ 31.25
In addition, each, coin -operated
machine $ 6.25
LOAN COMPANY, BROKER, FIRM, PERSON,
CORPORATION $ 250.00
LOCKSMITH AND KEYSMITH,..each $- 31.25
LODGING, includes Apartments, Room-
ing Houses, Motels and Hotel, and
Trailer Parks
Each of the above categories
shall pay an annual license' fee
according to the following
schedule:
Apartment houses, per,rental unit . . $ 2.00
Motels and hotels, per rental unit. . $ 2.00
Rooming houses, per room. . . . . . . $ 2.00
Mobile home trailer parks, per
trailer . . . . .
2.00
Travel trailer parks, per space . . . $ 2.00
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL. LICENSES §721.53
MACHINE SHOP ........... $62.50
MAIL ORDER BUSINESS, each person,
company or firm, etc..... $31.25
MANICURIST, each $ 12.50
MASSEUR, MASSEUSE $ 31.25
MERCHANTS WHOLESALE AND RETAIL:
Every merchant, dealer, agent, bro-
ker, manufacturer, or distributor
shall pay a license tax based on the
gross sales for the 12 months ending
with the last month of the previous
calendar or fiscal business year
prior to August 1.
Wholesale and Retail Schedule:
0 to 25,000.00 minimum . $31.25
25,001.00 to
37,501.00 to
50,001.00 to
75,001.00 to
100,000.00 to
125,001.00 to
150,001.00 to
175,001.00 to
200,001.00.to
250,001.00 to
300,001.00 to
350,001.00 to
400,001.00 to
475,001.00 to
550,001.00 to
625,001.00 to
700,001.00 to
775,001.00 to
850,001.00 to
925,001.00 to
1,000,000.00 to
1,250,001.001to
1,500,001.00 to
1,750,001.00 to
37,500.00 $ 37.50
50,000.00 $ 43.75
75,000.00 $ 53.25
100,000.00 $ 62.50
125,000.00 $ 68.05
150,000.00 $ 75.00
175,000.00 $ 84.38
200,000.00 $ 93.75
250,000.00 $ 100.00
300,000.00 $ 106.25
350,000.00 $ 115.62
400,000.00 $ 125.00
475,000.00 $ 140.63
550,000.00 $ 156.25
625,000.00 $ 171.90
700,000.00 $ 187.50
775,000.00 $ 203.15
850,000.00 $ 218.75
925,000.00 $ 234.40
1,000.000 00 $ 250.00
1,250,000.00 $ 281.25
1,500,000.00 $ 312.50
1,750,000.00 $ 343.75
2,000,000.00 $ 375.00
CHAPTER .REVISED
21 JUL 87
§721.53 OCCUPATIONAL .LICENSES $721.53
2,000,001..00 to
2,250,001.00 to
2,500,001.00-to
2,750,001.00 to
3,000,001.00 to
3,250,001.00 to
3,500,000.00 to
3,750,001.00 to.
4,000,001.00 to
4,250,001.00 •to
4,500,001.00 to
4,750,001.00 to
Each additional
2,250,000.00 .:. .: . $ 406.25
2,500,000.00 . . .. . $ 437.50
2,750,000.00 . .. .:..$ 468.75
3,000,000.00 . . . . $ 500.00
3,250,000.00 . . . . $ 531.25
3,500,000.00 . . . . $ 562.50
3,750,000.00 . . . . $ 593.75
4,000,000.00... .. ..$ 625.00
4,250,000.00 . . . . $ 656.00
4,500,000.00 .:.. . .$ 687.50
4,750,000.00 . . .. $ 718.75
5,000,000.00 . . . . $ 750.00
500,000.00 . . . . . $ 52.50
New merchants opening business
shall pay a license. tax based on
the following inventory schedule
for the first year only:
0 to 10,000.00
10,000.00 to 30,000.00
30,000.00 to 60,000.00
60,000.00,up. . . ... .
$ 35.00
$ 50.00
$ 75.00
$ 100.00
MIDWIVES, no license' .issued until
certificate issued within ,the past
year from the State Board of Health
is submitted. .. . . . .
MONUMENT AND TOMBST.ONES, dealer in
and/or agent for, each
MUFFLER..SHOP, sale and.installation
of mufflers only:
NEWS .BUREAU, representing
papers published outside City
NEWSPAPER, daily, 4 or more pub-
lished per week . .
NEWSTAND. . .
NURSERY, trees, plants, etc. (See
Merchant)
$ (Exempt)
$ 31.25
$ 31.25
$ 100.00
$ 100.00
$ 18.75.
CHAPTER REVISED
21 JUL 87
§721..53 OCCUPATIONAL LICENSES $721.53
OFFICE SUPPLIES AND/OR OFFICE
FURNITURE (See Merchant)
PACKING HOUSE:
Private Order Business
General Business
$ 18.75
$ 62.50
PAINT AND BODY SHOP only $ 93.75
PARADES, must be approved by the
Council and requires Police Permit.
PAWNBROKERS
PHOTOGRAPHER
$ 250.00
$ 31.25
PHOTOFINISHING, pickup station,
when operated not in connection
with another business, each $ 25.00
PIANO TUNER $ 12.50
PRINTING, JOB PRINTING $ 31.25
PRINTING, JOB PRINTING AGENT, not
otherwise licensed $ 62.50
PROFESSIONALS $ 62.50
Includes, but is not limited to
the following:
Attorney
Architect
Civil Engineer
Chiropodist
Chiropractor
Dentist
Dental Hygenist
Electrologist
Electrotherapist
Electrical Engineer
Homeopathic Phys.
Mechanical Engineer
Musician
Naturopath
Ocultist
Optician
Optometrist
Osteopath
Psychiatrist
Photographer
Physician
Stockbroker
Surgeon
Veterinarian
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES §721..53
PUBLIC RELATIONS
$ 62.50
PUBLIC SCALES, Truck Weighing $ 12.50
PUBLIC SCALES, Coin -Operated
(See Amusement)
RADIO AND TV
Repair $ 31.25
Sales (See Merchant)
RADIO STATIONS .... . . . . .. . $ 100.00
RAILROAD COMPANIES, Maximum allowed
by State $ 250.00
REAL ESTATE
Includes the
Agent
Appraiser
Broker
REDUCING SALON, (See Health Spa)
RENTAL AGENCY
Includes the following:
Automobiles
Equipment
Furniture
Recreational
Equipment
Real Estate
Tool
Trucks
Trailers
Supplies
Etc.
RESTAURANTS:
First 10 chairs
Each additional chair
space .. . .. . .
or seating
Private Boarding House, 5 chairs
or less $ (Exempt)
$ 62.50
$ 62.50
$ 12.50
$ .65
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES $721.53
Snack Bar, Fast Food Service
Drive -In added to regular rest-
aurant license if combined
Approval by State Hotel Com-
mission required for hotel dining
rooms, eating houses, stands,
boarding houses, lunch counter,
etc.
$ 62.50
$ 31.25
RUG AND CARPET CLEANERS $ 31.25
SAFES, for sale or exchange, each
agent $ 31.25
SANDING OR FINISHING OF FLOORS $ 31.25
SAVINGS AND LOAN ASSOCIATIONS
(See Banks)
SCHOOLS, such as dancing, business,
or commercial, beauty or barber,
music, physical education, riding,
driving, telegraph, etc., when oper-
ated for profit.
1 - 25 Students $ 31.25
26 - 50 Students $ 62.50
51 - 75 Students $ 93.75
76 and over $ 125.00
SECONDHAND DEALER, to buy or sell
secondhand merchandise, clothing,
furniture, guns, etc $ 125.00
SECURITY AGENCY, including Armored
Car $ 62.50
SELLING, not specifically covered . . . $ 62.50
Except that those representing
charitable organizations which
are recognized as such by the
Internal Revenue Service, and
donations to which are considered
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES §721..53
deductible under the rules and.
regulations of the Internal
Revenue Service shall not pay a
license tax, but shall make
application for a permit.
SEPTIC TANK CLEANERS, .$ 62.50
SERVICE STATION
(See Merchants)
SEWER CLEANING SERVICE.. . . . $ 62.50
SEWING MACHINE
Dealers and/or Agents . . . $ .31.25
SHOESHINE PARLOR. . ....$ 12.50
SHOOTING GALLERIES, location must
be approved by the Council $ 125.00
SIGN PAINTERS . . . .. . . . . . . $ 31.25
SOLICITORS AND. CANVASSERS:
(Require Council Approval)
Per Day $ 6.25
Per Year $ 31.25
Except that those representing.
charitable organizations which
are recognized as such by the
Internal .Revenue .Service, ;and
donations to which are considered
deductible under th.e rules and'
regulations of the Internal
Revenue Service shall not pay a
license. tax, but shall make
application for a permit.
SPORTS PLACES AND ARENAS
STENOGRAPHER, PUBLIC AND COURT RE-
PORTER, per individual. .. . .
STORAGE AND
WAREHOUSE, Public, each
building
$ 250.00
$ 12.50
$ 62.50
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES §721.53
TAILORS $--31.25
TAXI COMPANY $ 100.00
Plus, each car $ 25.00
Insurance required per Sec. 721.39
TAXIDERMISTS $ 31.25
TELEGRAPH AND TELEPHONE SYSTEMS
AND COMPANIES (See Utilities)
TELEVISION CABLE SYSTEMS AND COMP-
ANIES (See Utilities)
TIRE AND RECAPPING SERVICE $ 31.25
TOURIST CAMPS OR COURTS
(See Lodging)
TOWEL AND LINEN SUPPLY $ 62.50
TRADING STAMPS, per year $ 125.00
To engage in the business of sell-
ing or furnishing to merchants or
others, checks, tickets, or
stamps, commonly known as trading
stamps, on the terms of agreement
to redeem them by exchange of
goods, wares or merchandise for
them or otherwise.
TRAILER, RENTAL, (See Rental Agency)
When operated in conjunction
with other business
$ 31.25
TRAILER, CAMPS, (See Lodging)
TREE SURGEON $ 31.25
Each applicant shall file with
the License Division a Surety
Bond of not less than $1,000.00.
CHAPTER REVISED
21 JUL 87
§721.53 OCCUPATIONAL LICENSES $721.53
TRUCK. LINES, receiving and/or
delivering, freight or express. .
UPHOLSTERERS OR FURNITURE MENDERS
UTILITIES
Includes the following:
Cable TV
Electric
Natural Gas
Telephone
Each company in this class shall
pay the annual license fee in
addition to any Franchise Fee or
Property Tax Payments.
$ 62.50
$ 31.25
$ 312.50
VACUUM CLEANERS
Dealers or. Agents $ 31.25
WATCH & CLOCK REPAIRING $ 31.25
In addition to other license $ 31.25
WATER, BOTTLED. $ 31.25
Each Truck $ 12.50
WELDING SHOP. $ 62.50
WELL DRILLERS... . . .. $ 43.75
Sec. 721.53 Penalty.
A. Each day of sale or .disposal of merchandise or
engaging in business or occ.upati.on 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 81; Ord. No. 19-87, §1, 21
Jul 87]
CHAPTER REVISED
21 JUL 87
S722.01 ADULT ENTERTAINMENT CODE §722.07
CHAPTER 722
ADULT ENTERTAINMENT CODE
Part 1. General Provisions
Section 722.01 Authority. This ordinance is enacted
under the Home Rule Power and the police power of the
City of Cape Canaveral, Florida in the interest of the
public health,peace, safety, morals and general welfare
of the citizens and inhabitants of Cape Canaveral,
Florida. [Ord. No. 18-86, §l, 19 Aug 86].
Section 722.03 Scope. This ordinance shall be
effective throughout the City of Cape Canaveral, Florida.
[Ord. No. 18-86, Sl, 19 Aug 86]
Section 722.05 Purpose. The intent of the City
Council in adopting this ordinance is to establish
reasonable and uniform regulations that will reduce the
adverse effects adult entertainment businesses may have
upon Cape Canaveral, Florida, and to protect the health,
safety, morals and welfare of the citizens and
inhabitants of Cape Canaveral, Florida. [Ord. No. 18-86,
§1, 19 Aug 86]
Section 722.07 Findings of Facts. Based on the
findings incorporated in the Jacksonville Municipal Code,
Chapter 410, Ord. 77-257-256 §1, the Los Angeles
Municipal Code, Section 12.70, Ord. 156509 (19.82); the
Detroit Zoning Ordinance, 66,0000, Ord. 742-G §1,
10-24-72, the Adult Entertainment Code of Orange County,
Florida, Chapter 1A, Ordinance 85-16, and "A Summary of a
National Survey of Real Estate Appraisers Regarding the
Effect of Adult Bookstores on Property Values," conducted
by the Division of Planning, Department of Metropolitan
Development, Indianapolis, January, 1984, the City
Council hereby finds:
(a) The possession, display, exhibition, distribu-
tion and sale of books, magazines, motion pictures,
prints, photographs, periodicals, records, novelties and
devices which depict, illustrate, describe or relate to
specified sexual activities are businesses that exist or
may exist within the City.
(b) The operating and maintaining of places:
(1) where the superficial tissues of one person
are manipulated, rubbed, stroked, kneaded or tapped by a
second person, accompanied by the display or exposure of
specified anatomical areas; or
§722.07 ADULT ENTERTAINMENT CODE §722.07
(2) where dancers, entertainers, performers, or
other individuals who perform or are presented while dis-
playing or exposing specified anatomical areas; or
(3) where straddle dancing occurs;
are businesses that exist or may exist within the City.
(c) When the activities described in subsections
(a) and (b) are present in an area of the City, other
activities which are illegal, immoral or unhealthful tend
to accompany them. Such activities include, but are not
limited to, prostitution, pandering, solicitation for.
prostitution, lewd and lascivious behavior,. exposing
minors to harmful materials, possession, distribution and
transportation of obscene materials, sale or possession
of controlled substances and violent crimes against per-
sons and property. These illegal, immoral or unhealthful
activities tend to concentrate around and be aggravated
by the presence of the activities detailed in subsections
(a) and (b).
(d) There is a higher incidence of certain types of
criminal behavior among employees and patrons at estab-
lishments engaged in adult entertainment than among
employeesat other commercial establishments.
(e) The concentration within limited areas of the
City of business operations and activities described in
subsections (a):.and (b) tends to attract -an undesirable
number of transients, blight neighborhoods, adversely
affect neighboring business, lower property -values, pro-
mote an increase in crime, particularly. of the kinds
detailed in subsection (c), and ultimately results in
residents and businesses moving to other locations.
(f) The buildings and establishments in which the.
activities and business operations described in subsec-
tions (a) and (b) take place are conducive to and are
often used for the commission of immoral, lewd, indecent
or illegal acts;, or
(g) The business operations and activities: detailed
in subsections (a) and (b) frequently occur in commercial
establishments'either selling or allowing consumption of
alcoholic beverages onthe premises concurrent with the
display of specified anatomical areas or straddle
dancing:
§722.07 ADULT ENTERTAINMENT. CODE §722.11
acts, .which are, harmful to the health and safety of
patrons and the general community... [Ord. No. 18-86,, §1,
19 Aug 86]
Section 722.09 .Title. This chapter may be known and
cited as the Cape Canaveral Adult Entertainment Code."
[Ord. No. 18-86,, §1, 19 Aug 86]
Section 722.11 Definitions. In this Code, unless the
context.. otherwise requires:
(a) Adult Arcade means an establishment where for
any form of consideration, one .o.r. more motion picture
projectors, slide projectors or similar machines, for
viewing by five. or fewer persons each, are used to show
films, motion pictures, video cassettes, slides, or; other
photographic reproductions which are characterized by
emphasis upon.. the depiction or description of specified
sexual activities or specified anatomical areas. For the
purposes of this Code, adult arcade is included within
the definition of adult motion picture theater.
(b) Adult Bookstore means a place that sells or
offers for sale, for any form of consideration, adult
materials the gross sale of which represents more than
ten percent (10%) of the gross sales of the place or that
comprises more than ten percent (10%) of the individual
items it displays on the premises as. its stock in trade
in any one or more of the following. categories: (1). New
Publications, (2) Used Publications, (3).New Merchandise,
(4) Used Merchandise. Adult. Materials, means .any.pne or
more of the following: ,
(1) Books, magazines, periodicals or other
printed matter, or photographs, films, motion pictures,
video cassettes, slides or other visual representations
or recordings., novelties and devices, which haveas their
primary or dominant theme matter depicting, illustrating,
describing or relating to specified sexual activities or
specified anatomical areas; or
(2) Instruments, devices or paraphernalia which
are designed for use in connection with specified sexual
activities.
(c) Adultdancing establishment means a commercial
establishment that permits,. suffers or allows employees
to display or expose specified anatomical areas.
§722.11 ADULT ENTERTAINMENT CODE S722.11
Any establishment on whose premises an employee, who
need not be the same employee, displays or exposes speci-
fied anatomical areas on more than one day in a thirty
day period shall be deemed an adult dancing establishment
and shall be required to obtain a license under this
Code.
(d) Adult entertainment establishment means an
adult motion picture theater, a massage establishment, an
adult bookstore, an adult motel or an adult dancing estab-
lishment. Any commercial establishment that displays
within one hundred (100) feet of its premises a sign or
other form of advertisement capable of leading a reason-
able person to believe that said establishment offers
adult entertainment shall be deemed an adult entertain-
ment establishment under the appropriate category.
(e) Adult motel means any hotel or .motel, boarding-
house, rooming house or other lodging used predominantly
for transient customers which includes the word "adult"
in any name it uses or otherwise advertises, and actually
permits, the presentation of film material which has as
its primary or dominant theme matters depicting, illus-
trating or relating to specified sexual activities for
observation by patrons thereof. For the purposesof this
Code, an adult motel is included within the definition of
an adult motion picture theater.
(f) Adult motion picture booth means'an enclosed
area designed or used for the viewing by one or two
persons of motion pictures, films, video cassettes,
slides or other photographic reproductions which have as
their primary or dominant theme matters depicting, illus-
trating or relating to specified sexual activities or
specified anatomical areas. For the purposes of this
Code, an adult motion picture booth is included within
the definition of an adult motion picture theater.
(g) Adult motion picture theater means an enclosed
building, or a portion or part of an enclosed building,
or an open-air theater designed to permit viewing by
patrons seated in automobiles, used to present on a reg-
ular basis, for any form of consideration, film material
which has as its primary or dominant theme matters depict-
ing, illustrating or relating to specified sexual activi-
ties for observation by adult patrons thereof, and in-
cludes any hotel or motel, boardinghouse, rooming house
or other lodging for transient customers which adver-
tises, and actually permits, the presentation of such
II J §722.07 •ADULT ENTERTAINMENT <'CODE §722.07
(h ). There i.s a direct .relationship between the
concurrent ,• consumption of alcoholic. beverages . and: the
activities described- in subsections (a) and (b), and an
increase in criminal activities, moral degradation: and
disturbances of the peace andgood order of the
community.
(i) The concurrence of the sale or consumption of
alcoholicbeverages with, the activities described in.sub-
sections (a) and (b) ishazardous to:the health and
safety of those persons in attendance, and tends to.depre-
ciate the value Of adjoining property, harm the economic
welfare of the community as a whole and adversely affect
the public's interest in the quality of life, tone of
commerce, and totalcommunityenvironment in. Cape Canav-
eral,.Florida.
(j) In order, to preserve the public peaceand good
order, and to safeguard the health, safetyand welfare of
the community and the citizens thereof, it is necessary
and' advisable to regulate, and restrict the sale .and con-
sumption of alcoholic beverages in commercial establish-
ments,where the business operations and ac.tivi.ties
described in subsections (a.) and (b) occur..
(k) Physical contact within commercial establish-
ments between persons exhibiting specified anatomical
areas 'and patrons or spectators poses a threat to the
individual health of both and. -promotes the spread of com-
municable and -social. diseases.
(1) . Personal advertising, within close proximity to
public thoroughfares. disrupts traffic and poses. a traffic
hazard and a threat to the safety of citizens using .those
thoroughfares.
(m) There is a higher incidence of criminal activ-
ity among.the employees of commercial establishments that
permit the.Lconcurrence of the consumption of alcoholic
beverages and straddle dancing, than among the employees
of other commercialestablishments.
(n) In order to preserve the public peace and. good
order, and to safeguard the health, safety and welfare of
the community and. the citizens thereof, it is necessary
and advisable to regulate and restrict the conduct of
owners; operators; agents, employees, entertainers, per-
formers, patrons, and persons on -the premises of commer-
cial establishments where the activities described in
subsections (a) and (.b) take place.
§722.07 ADULT ENTERTAINMENT CODE §722.07
(o) The business operations and activities,
described in subsections (a) and (b) are commercial ven-
tures, operated for the purpose of making a profit, and
as such are proper subjects for regulation by the City in
the interest of the health, safety, and welfare of the
public.
(p) "Straddle dancing", as regulated under this
Code, does not contain any element of communication and
is expressly found by the City Council to be conduct
rather than expression.
(q) The potential dangers to the health, safety and
welfare of Cape Canaveral citizens posed by permitting an
adult dancing establishment or a massage establishment to
operate without first meeting the requirements of this
Code are so great as to require the inspection of said
establishments prior to permitting them to initiate opera-
tions and thereafter.
(r) Straddle dancing in commercial establishments
poses a threat to the individual health of participants
and promotes the spread of communicable and social
diseases.
(s) Requiring employees of adult. entertainment
establishments to obtain an adult entertainment permit
will help reduce incidents of criminal activities by
facilitating the identification of potential witnesses or
suspects, will provide a means of preventing minors from
working in adult entertainment establishments, and will
make it easier for health officials to control the spread
of contagious diseases in such establishments.
(t) Minors are customarily -found in schools,
churches, parks and residential areas. Colleges and
Junior Colleges in Brevard County offer a variety of pro-
grams that are designed for and are attended by minors.
Prohibiting adultentertainment establishments from oper-
ating within close proximity of such sites will serve to
protect minors from the adverse effects of the activities
that tend to accompany adult entertainment, as more fully
described in subsection (c) above'
(u) The combination of two or more classifications
of adult entertainment, as defined in Section 722.27
below, within the same building, premises or other struc-
ture tends to enbourage such illicit, immoral or, undesir-
able activities' as prostitution, solicitation for prosti-
tution, public masturbation, sodomy and unnatural sex
§ 722.11 ADULT ENTERTAINMENT CODE §722.11
film material. For the purposes of this. Code, an adult
motion picturetheater includes both an adult arcade,an
adult motel and an adult motion picture .booth.
(h) Alcoholic beverage means all beverages .contain-
ing more than one percent (1%) of alcohol by weight.
(i) City means the City of Cape Canaveral, Florida.
(j) City Council means the City Council of .Cape
Canaveral, Florida.
(k) City Manager means the City Manager. of the City
of Cape.Canaveral, Florida.
(1) Commercial means .operated .for pecuniary gain,
which shall be presumed for any establishment . which has
receivedan occupational license. For purposes of this
Code, operation for pecuniary gain shall not depend on
actual profit or loss.
(m) Commercial. establishment,means any.business
location, place or business conducting or allowing to be
conducted on its premises any commercial. activity.
(n) Employee means a person who works or performs
in a commercial, establishment, irrespective of whether
said person is paid a salary or wage by the owner or man-
ager of the premises, and. shall specifically include but
not be limited.to independent contractors or:.concession-
aires.
(o) .Establishment means -a physical,plant or loca-
tion or the commercial activities or operations being
conducted, or both together, as the context of this Code
may require.
(p) Licensed premises means not, only .buildings,
rooms and areas where adult materials regulated under
this Code, or adult activities.regulated by'this Code,
are sold, offered, presented or stored or .where any.form
of adult entertainment. is presented,.but.also all. other
areas within 500;. feet of the building; room or area where
adult materials or adult activities are regulated and
over which the licensee.has some dominion and control and
to which customers -or patrons may pass,:and shall include
all of the floor or land areas embraced. within the plan
appearing on or attached. to. the application for the
license involved and designated as.such on said plan.
§722.11 ADULT ENTERTAINMENT CODE §722.11
(q) Massage Establishment means a site or premises,
or portion thereof, upon which any person, who is an
employee, manipulates the superficial tissues of the body
of another person, with any portion of the hand, foot,
leg, arm, or elbow, but not including the following:
licensed health care facilities; licensed physicians or
nurses engaged in the practice of their professions; edu-
cational athletic facilities, if the massage is a normal
and usual practice in such facilities; establishments
licensed under Chapter 480, Florida Statutes, provided
that all employees of saidestablishments who manipulate
the superficial tissues of the body of another person are
licensed under Chapter 480, Florida Statutes; or estab-
lishments exempted under Chapter 480.034, Florida
Statutes (1981).
(r) Person means individuals, firms, associations,
joint ventures, partnerships, estates, trusts, business
trusts, syndicates, fiduciaries, corporations, and all
other groups or combinations.
(s) Personal advertising means any communication on
the part of an employee of an adult entertainment estab-
lishment that is designed to encourage a prospective
patron to enter said establishment and is performed by
repeatedly speaking in a raised tone of voice, by making
prominent physical gestures, such as waving or repeatedly
pointing, or by holding signs or other written statements.
Personal advertising shall not include oral or physical
references to an adult entertainment establishment by
patrons or spectators.
(t) Premises means not only the rooms and areas
physically occupied by a commercial establishment or
where alcoholic beverages are sold, dispensed, offered,
presented or consumed, but also all areas within 500 feet
of the rooms and areas physically occupied by a commer-
cial establishment or where alcoholic beverages are sold,
dispensed, offered, presented or consumed over which the
owner or management of the premises has some dominion and
control and to which customers or patrons may pass.
(u) Principal stockholder means any individual,
partnership or corporation that owns or controls, legally
or beneficially; ten percent or more of a corporation's
capital stock, and includes the officers, directors and
principal stockholders of a corporation that is a princi-
pal stockholder` under this Code; provided, that if no
stockholder of a corporation owns or controls, legally or
beneficially, at least ten percent of the capital stock,
§ 722.11 ADULT ENTERTAINMENT CODE §722.11
all stockholders shall -be considered principal stock-
holders, and, further provided, that if a corporation is
registered with the Securities and Exchange Commission or
pursdant to, Chapter .517,.Florida Statutes (1981) and its
stock is for sale'to the general public, it shall not be
considered to have any principal stockholders.
(v-) Religious institution means a building which is
used, primarily for religious worship and related . reli-
gious activities.
(w) ...School means .an :.instituti.on:of ..learning .for
minors, whether public or private, ..which offers instruc-
tion in those courses of study required. by: Chapter 233,
Florida Statutes (1981), orwhich is maintained pursuant
to standards set by the State Board of;Education. This
definition includes day care facilities, nursery schools,
kindergartens, elementary schools, juniorhigh schools,
senior high schools, colleges, universities, junior
colleges, and any special institutions of learning under
the jurisdiction of the State Department of Education,
but itdoes not include :vocational or professional insti-
tutions.
(x) Specified.. anatomical areas means:
(1) less than completely and opaquely covered:
(aa) human genitals or pubic region;
(bb) the cleavage of the human buttocks;
(cc) any portion of thehuman female., brea;s.t Jbelow
the top ofthe areola (the colored ring ,around the ;nip-
ple). This :definition .shall includethe entire lower
portionof the breast, but shall not be interpreted to
include any portion of the cleavage of .the breast exhi-
bited by a dress, blouse, shirt, leotard,bathing suit,
or: other wearing apparel, provided the:areola is not so
exposed.
(2) human male genitals in a discernibly turgid
state, even if completely and opaquely covered.
(y) Specified criminal: act means a violation of
this Code; an.off ense under Chapter 800, Florida Statutes
(1983) (Lewdness, Indecent Exposure); an offense under
Section.806:01, 806.10,:,806.111 or.80:6.13 (2) (c), Florida
Statutes (1983) (Arson-and.Criminal Mischief) ; an offense
§722.11 ADULT ENTERTAINMENT CODE S722.13
under Chapter 796, Florida Statutes (1983).(Prostitu-
tion); an offense under Section 847.013 or 847.014, Flo-
rida Statutes (1983) (Obscenity); an offense under Sec-
tion 877.03, Florida Statutes (1983) (Breach of the
Peace); an offense under Section 893.13, Florida Statutes
(1983) (Possession or Sale of Controlled Substances) or
an offense. under Section 849.09(2), 849.10 or 849.25(3),
Florida Statutes (1983) (Gambling).
(z) Specified sexual activities means:
(1) human genitals in a state of sexual -stimula-
tion, arousal or tumescence;
(2) acts of human analingus, bestiality, bug-
gery, cunnilingus, coprophagy, coprophilia, fellation,
flagellation, masochism, masturbation, necrophilia, peder-
asty, pedophilia, sadism, sadomasochism, sapphism, sexual
intercourse, sodomy, urolagnia or zooerasty;
(3) fondling or other erotic touching of human
genitals, pubic region, buttock, anus or female breast;
and
(4) excretory functions as part of or in connec-
tion with any of the activities set forth in (1) through
(3) above.
(aa) Straddle dance, also knownas a lap dance, or
face dance means the use by an employee, whether clothed
or not, of any part of his body to massage, rub, stroke,
knead, caress or fondle the genital or pubic area of a
patron, while on the premises, or the placing of the geni-
tal or pubic- area of an employee in -contact withthe face
of a patron-, while on the premises.
(bb). Violation of this Code means a violation of any
provision of this Code as found by a jury or any other
trier of fact. All. violations occurring on the same day
prior to an arrest or the issuance of a notice to appear
shall .be considered as a single violation. [Ord. No.
18-86, §l, 19 Aug 86] .
Section 722.13 Obscenity Not Permitted. Nothing in
this Code shall be construed to allow or permit the pos-
session, distribution and transportation 'of obscene mate-
rials or to authorize the exposing of persons under seven-
teen years of age to motion pictures, exhibitions, shows,
representations and presentations of specified sexual
activities or persons displaying or exhibiting specified
§722.13 ADULT ENTERTAINMENT CODE §722.25
anatomical areas. These matters are preempted to the
State and are subject to State regulation, and it is not
the intent of the City Council to legislate with'respect
to preempted matters. [Ord. No. 18-86, §1, 19 Aug 86]
Section 722.15. Construction. This Code shall be
liberally construed to accomplish its purpose of licens-
ing, regulating and dispersing adult entertainment and
related activities. Unless otherwise indicated, all pro-
visions of this Code shall apply equally to all persons
regardless of sex. The words "he", "his" and "him" as
employed in this Code shall be construed to apply to
females as well as to males. [Ord. No. 18-86, §1, 19 Aug
86]
Section 722.17 Severability. If any part, section,
subsection or other portion of this Code or any applica-
tion'thereof to any person or circumstances is declared
to be void, unconstitutional or invalid for any reason,
such part, section, subsection or other portion, or the
proscribed application thereof, shall be severable and
the remaining provisions of this Code and all applica-
tions thereof not having been declared void, unconstitu-
tional or invalid shall remain in full force and effect.
The City Council declares that no invalid or proscribed
provision or application was an inducement to the.enact-
ment of this Code and that it would have enacted -this
Code regardless of the invalid or proscribed provision or
application. [Ord. No. 18-86, §1, 19 Aug 86]
Part 2. Licensing Provisions
Section 722.25. Responsibility.' Ultimate.responsibil-
ity for the administration of this Code is -vested in the
City Manager. The City Manager is responsible for verify-
ing information contained in applications for adult enter-
tainment licenses and for issuing all licenses. The City
Manager is responsible for the inspection of licensed
premises and premises applying for a license in order to
pass upon the construction and physical configuration of
the premises involved. The City Manager is responsible
for the inspection of licensed premises and premises
applying for a license to ascertain compliance with: (1)
all fire prevention codes, statutes or ordinances in
effect in Cape Canaveral, Florida, (2) City and Brevard
County 'Health codes and applicable State laws and regula-
tions; and (3) all zoning regulations and all other appli-
cable land use laws [Ord. No. 18-86 §1, 19 Aug 86 ]
§722.26 ADULT 'ENTERTAINMENT CODE §722.27
Section 722.26. Power of. Administrative Agencies.
When a provision of this Code gives the City Manager the
authority or duty to act, the authority or duty vests in
the City Manager who is empowered to delegate said author-
ity or duty to any public officer, inspector or employee,
provided only that said officer, inspector or employee
shall act in accordance with theadministrative proce-
dures of the agency or office concerned. [Ord. No. 18-86,
§1, 19 Aug 86]
Section 722.27. License Required.
(a) Requirement. No adult bookstore, massage estab-
lishment, adult motion picture theater or adult dancing
establishment shall be permitted to do business without
having first obtained a license under this Code. For
adult bookstores, massage establishments, adult motion
picture theaters or adult dancing establishments in
legally existence and operation on the effective date of
this Code, permission to operate is hereby granted until
an application for a license under this Code is filed
with the City Manager, not later than forty-five (45)
days, and thereafter for so long a time as is necessary
for the City. Manager to issue or to deny issuance of a
license under the Code.
Provided it is not in violation of the Zoning Code
of the City of Cape Canaveral, an adult bookstore or
adult motion picture theater will be granted a condi-
tional right to operate within two (2) days of filing an
application, for an Adult Entertainment License for so
long a time as is necessary for the City Manager to issue
or to deny issuance of the license. The applicant's con-
ditional right to operate shall terminate five (5) days
after the mailing of a notice of denial or preliminary
denial by the City Manager as provided in Section
722.31(b) of this Code.
(b) Classification. Licenses referred to in this
Code shall ,be classified as follows:
(1) adult bookstore;
(2) adult motion picture theater, which shall
include adult arcades, places or buildings having adult
motion picture 'booths, places or buildings having a hall
or auditorium for the presentation of film material,
places designed! to permit viewing by patrons seated in
automobiles, adult motels and places or buildings having
a combination of any or all of the foregoing:
§722. 27 ADULT :ENTERTAINMENT CODE §722.28
(3,) massage establishments; and
(4). adult dancing establishment.
Each application. for alicense shall state the
classification and location for which .it is to be issued.
A license may be issued for only one location, and for
only one.classification of adult entertainment, as
defined in Section,722.27(b) above, at a singlelocation.
[Ord. No. 18-,86, §1, 19 Aug 86]
Section 722.28. Disqualification.
(a) Noncompliance of premises. . No license. shall be
issued if. the City Manager, as a result .of investiga-
tions,.determines that the., proposed licensed premises
does not meet each and every one .of the :general and spe-
cial requirements for the type of .license applied for as
established in..Part 3 of this Code., or, if the proposed
licensed premises fails to satisfy all applicable. build-
ing, zoning, health and fire codes, ordinances, statutes
and regulations, whether ,federal, state, or local, nor
shall.any license be issued on false information given in
the application for license.
(b) Issuance of license where prior license has been
suspended. No license shall be issued to:
(1.) any individual, partnership .or corporation
whose license under this Code is suspended;
(2) any partnership, :a partner . of which has a
license presently suspended under this Code;
(3) any corporation, an offices, director or
principal stockholder of which presently has its license
under this Code suspended; or
(4) any individual who is or was at the time of
suspension a partner in a partnership or an officer ,
director or principal stockholder of a corporation,whose
license under this Code is presently suspended.
(c) Prohibited by law or court order. No license
shall be issued: when its issuance .would violate a
statute, ordinance, law or when an order from a court of
law prohibits the applicant from. obtaining an.adult enter-
tainment or occupational license in Cape Canaveral, Flo-
rida. [Ord. No. 18-86, §1, 19 Aug 86 ]
§722.29 ADULT ENTERTAINMENT CODE §722.29
Section 722.29. License Application; Application Fee.
(a) Required information and documents. Any individ-
ual, partnership or corporation desiring to engage in the
business of operating an adult bookstore, massage;estab-
lishment, adult motion picture theater or adult dancing
establishment shall file with the City Manager a sworn
application on forms supplied by the City Manager. The
applicationshall contain the following information and
shall be accompanied by the following documents:
(1) if the applicant is:
(aa) an individual, his legal name and all aliases
used by him; or
(bb) a. partnership, the full name of the partnership
and the names of all the partners, whether general or
limited, accompanied by, if in existence, a copy of the
written partnership agreement; or
(cc) a, corporation, .the exact corporate name, the
date of incorporation, evidence that the corporation is
in good standing, and the names and capacity of all the
officers, directors and principal stockholders;
(2) if the business is to be conducted under a
name otherthan that of the applicant,the business name
and the county of registration under Section 865.09,
Florida Statutes (1981);
(3) whether the, applicant or, any of the other
individuals listed pursuant to. paragraph (1.) have, within
the five year period immediately preceding the date of
the application, been convicted of a specified criminal
act, and, if so, the particular criminal act involved and
the place of conviction;.
(4) whether the applicant or any of the .other
individuals listed pursuant to paragraphs (1) or (2)
above have had their license under this Code,previously
suspended or revoked or by any federal or state court
order had been prohibited from operating an adult enter-
tainment establishment, or have been a partner in a part-
nership or an officer, director or : principal -stockholder
of a corporation whose license under this Code has pre-
viously been suspended,or revoked, including the date of
the suspension or revocation;
(5) the classification of the .license for which
the application is being filed;
§722.29 ADULT ENTERTAINMENT CODE §722.31
(6) whether the applicant holds any other
licenses in the. classification for which the application
is being filed and, if so, :the number..and locations of
such licensed premises;
(7) the proposed location of:the business;
(8) the names of the employees, if known, or, if
presently unknown or there will be no employees, a state-
ment to that effect; and
(9) a plan drawn to appropriate .scale of the
proposed licensed premises indicating the. areas to be
covered by the license, all windows, doors, entrances and
exits and the fixed structural. features of the proposed
licensed premises. The term "fixed structural features"
shall include walls, stages, immovable partitions, projec-
tion booths, admission, booths, concession booths or
stands, immovable counters and similar; structures;that
are intended to be permanent.
(b) Application fee. Each application. shall be
accompanied by a nonrefundable fee of two hundred dollars
payable to the City of Cape Canaveral at the time the
application is filed. In the event a license is
approved, said fee shall be applied to the license fee
required for the first year pursuant to.Section 722.39
of this Code..[Ord. No. 18-86, §1, 19 Aug 86]
Section 722.30. Investigation.
Upon receipt of an application properly filed with the
City Manager and upon payment of the application fee, the
City Manager shall verify.the information required by
Section 722.29 (1) through (4).of.this Code. The City
Manager shall investigate the proposed licensed .premises
for compliance with this Code and other applicable laws
and regulations relating to construction,. safety, fire
protection, zoning and public health. At the conclusion
of its investigation, each administrative agency shall
endorse on the application the results and findings there-
of, recommending either approval or disapproval.of the
application. [Ord. No. 18-86, §1, 19 Aug 86].
Section 722.31. Issuance; Denial; Revocation.
(a) Approval and issuance. Upon the completion of
the investigation of an application, the City Manager
shall approve or disapprove the application. If
approved, the City Manager shall issue the license upon
the payment of the appropriate license fee provided in
Sections 722.34 and 722.39.
§722.31 ADULT ENTERTAINMENT CODE §722.31
(b) Disapproval and denial. If the City Manager
recommends disapproval,heshall indicate the reason
therefor upon the application, or in a separate writing,
and shall deny the application. If the application is
disapproved, the City Manager shall notify the applicant
of the disapproval and the reasons therefor. Notifica-
tion shall be by certified mail and shall be sent to the
address on the license application, which shall be considered
the correct address.
Notwithstandingany other provision in this Code,
the City Manager shall deny any application for a license
in which the applicant has supplied false or untrue infor-
rmation.
The City Manager shall approve or disapprove all
applications within forty-five (45) days from the . date a
completed application has been submitted. Upon the expi-
ration of forty-five (45) days, the applicant shall be
permitted to initiate operating the Adult Entertainment
Establishment for which a license was sought, unless the
City Manager notifies the applicant of a preliminary
denial of the application. A preliminary denial shall
specify the reasons for denial and shall be sent to the
address on the license application, which shall be.con-
sidered the correct address.
(c) Revocation. Should a license be issued as a
result of false information, misrepresentation of fact,
or mistake of fact, it shall be revoked. If the applica-
tion is revoked, the City Manager shall notify the
licensee of the revocation and the .reasons therefor. Noti-
fication shall be by certified mail and shall be sent to
the address on the license application, which shall be
considered the correct address.
(d) Appeal. Within fifteen (15) days after the mail-
ing of either a notice of denial or preliminary denial of
an application for a license or a notification of the
revocation of a license, the applicant or licensee may
take an appeal to the City Council as provided in Section
722.38. If the City Council finds that the application
should be approved, it shall so order and, upon payment
of the appropriate license fee provided in Sections
722.34 and 722.39, the City Manager shall issue the
license. If th'le City. Council finds the license should
not have been revoked, it shall notify the City Manager
who shall 'reissue the license. [Ord. No., 18-86, §1, 19
Aug 86 ]
§722.32 ADULT ENTERTAINMENT'CODE §722.34
Section 722.32. Limitation on Licenses and Licensed
Premises. No more than one license shall be issued and
in effect forany single location within the City of Cape
Canaveral. A licensed premises may be owned by the
licensee or may be leased by the licensee from a person
not a licensee under this Code; provided that a licensee
who is a.tenant or lessee may not surrender his tenancy
or lease to the owner or lessor, if by so doing, the said
owner or lessor will take possession, control and.opera-
tion, of the licensed. premises and the business licensed
under this Code, unless ,the license is transferred as
provided in Section 722.35, .and .further provided, that a
licensee who is the .owner of the licensed premises may
not lease or otherwise give up possession, control and
operation of the licensed premises and the business
licensed under this Code to,any other individual, partner-
ship or corporation, unless the license is transferred as
provided: in Section 722.35. [Ord. No.. .18-86,, §1, 19 Aug
86]
Section 722.33. Display of License; Mutilation
Prohibited. . Alllicensees licensed: under this Code shall
display their licenses in conspicuous, places on their
licensed premises, in a clear, transparent cover/or frame.
The license shall be available for inspection at all
times by the public. No person shall. mutilate, cover,
obstruct or remove a license so displayed. [Ord. No.
18-86, §1, 19 Aug 86]
Section..722.34. Term of License; Renewals.
(a) Term. All.. licenses.. issued under,: this Code,
except new, licenses, shall be annual. ,licenses which shall
be paid for on or before October first and: shall expire
on September thirtieth of the following year-. A licensee
beginning business after October ,first and before April
first may obtain a. new license upon :application therefor
and the payment of the appropriate license fee and such
license shall expire on the following September thirtieth.
A licensee beginning business after March thirty-first
and before October first may obtain a new license upon
application therefor and thepayment- of one-half of the
appropriate license fee herein required for the annual
license and such license shall expire on September thir-
tieth of the same year.. Th.e provisions of this subsec-
tion shall not affect the provisions of Section 722.35.
(b) Renewals. A licensee under this Code shall be
entitled to a renewal of his annual license from year to
year, as a matter of course, on or before October first
§722.34 ADULT ENTERTAINMENT CODE §722.36
by presenting the license for the previous year or satis-
factory evidence of its loss or destruction to the City
Manager and by paying the appropriate license fee to the
Revenue Department of the City of Cape Canaveral. A li-
cense that is not renewed by October first of each year
shall be considered delinquent and, in addition to the
regular license fee, subject to a delinquency penalty of
ten percent of the license fee for the month of October
and an additional penalty of five percent of the license
fee for each additional month, or fraction thereof, of
delinquency until paid; provided that the total delin-
cquency penalty shall not exceed twenty-five percent of
the license fee. All licenses not renewed within one
hundred twenty days of September thirtieth will be
frevoked by the City Manager, unless such license is
involved in litigation. [Ord. No. 18-86, §1, 19 Aug 86]
Section 722.35. Transfer of License. When a licensee
shall have made a bona fide sale of the business which he
is licensed under this Code to conduct, he may obtain a
transfer of the license issued under this Code to the
purchaser of said business, but only if, before the trans-
fer, the application of the purchaser shall be approved
by the City Manager in accordance with the same procedure
provided in Sections 722.29,.722.30 and 722.31 in the
case of issuance of new licenses. Before the issuance of
any transfer of license, the transferee shall pay a trans-
fer fee of ten percent of the appropriate annual license
fee. Licenses issued under this Code shall not be trans-
ferable in any other way than provided in this section.
[Ord. No. 18-86, §1, 19 Aug 86]
Section 722.'36. Licensee Moving to New Location;
Changing Name of Business.
(a) New location. A licensee may move his licensed
premises to a new location and operate at the new loca-
tion upon approval by the City Manager of the licensee's
application for change of location. The licensee shall
submit to, the City Manager an application for a change of
location, accompanied by an application fee of two hun-
dred dollars at the time the application is filed. 'The
application will contain, or have attached to it, a plan
drawn to appropriate scale of the licensed premises at
the new locationl indicating the area to, be,included in
the new licensed premises, all windows, doors, entrances
and exits and the "fixed structural features of the new
licensed premises. The term "fixed structural features"
shall have the same meaning as in Section 722.29 (a) (9).
If more than one license has been issued to the licensed
§722.36 ADULT ENTERTAINMENT CODE §722.37
premises at the old location, the licensee shall state in
hisapplicationfor a change of location which of said
licenses are being moved to the proposed new location.
Upon approval of the application, there shall be issued
to the licensee a license for the new location without
the paymentof any further fee.
(b), Change of name. No licensee may change the
name of the business located at his licensed premises
without first giving the City Manager thirty days notice
in writing of such change and without first making pay-
ment to the City Finance Department of a $3 00 change-of-
name fee. [Ord. No. 18-86, S1, 19 Aug 86] .
Section 722.37. Suspension of License.
(a) Violations of health, building, zoning or fire
provisions. In the event a licensed premises is found in
violation, of a health, building, zoning or. fire provision
of this Code, the appropriate agency shall notify the
licensee of said violation (s) according to the standard
procedures. of the agency and shall follow its normal
agency procedures for correcting said violation (s) and
shall grant the licensee the right to exhaust applicable
administrative remedies. Should the licensee fail either
to correct the violation or to obtain an.administrative
reversal of the agency finding the appropriate agency
shall notify the City Manager, who shall forthwith ini-
tiate procedures for suspension of license.
(b) Other violations. In the event a jury or other
trier of fact in a court of law finds that a licensee has
violated Section 722.60 of this Code, whether or not an
adjudication of guilt has been entered, the City Manager
shall forthwith initiate procedures for suspension of
license.
(c) Fine or Suspension of license.
(1) Procedure. Upon receiving notice that a
licensee has violated a provision of this Code, as pro-
vided in subsections (a) and (b) above, the City Manager
shall suspend the license issued -for the premises where
said violation occurred, unless otherwise provided below,
and shall notify the licensee (s) of his action. Notifica-
tion shall be by certified mail and shall be sent to the
address on the license application, which shall be con-
sidered the correct address.
§722.37 ADULT ENTERTAINMENT CODE S722.37
(2) Periods of suspension. A single violation
by a licensee of this Code shall result in suspension of
the Adult Entertainment License for thirty (30) days.
Upon a second violation of this Code within a period of
two years from the date of a prior violation of this
Code, but not including any time during which the license
was suspended, the license shall be suspended for ninety
(90) days. Upon a third violation of this Code within a
period of two years from the first of three violations,
but not including any time during which the license was
suspended, the license shall be suspended for one hundred
and eighty (180) days. All periods of suspension shall
begin on the fifteenth day from the date the City Manager
mails a notice of suspension to the licensee or on the
date the licensee delivers his license to the City
Manager, whichever comes first.
Employers of adult entertainment.establishments
are responsible for the acts of their employees.. Two
violations of this Code within a thirty (30) day period
by the same employee, as determined by a jury or other
trier of fact, shall result in the suspension for seven
(7) days of the Adult Entertainment License of the estab-
lishment where said employee(s)-works or performs. Upon
a third violation of this Code by the same employee with-
in a period of ninety (90) days from the date of a prior
violation of this Code, but not including any time during
which the license was suspended, the license shall be
suspended for four (4) weeks. Upon a fourth violation of
this Code by the same employee within a period of one.
hundred eighty (180) days from the first of three viola-
tions, but not including any time during which the
license was suspended, the license shall be suspended for
one hundred eighty (180) days. Upon a fifth violation of
this Code by the same employee within a period of one (1)
year from the first of five violations, but not including
any time during which the license was suspended, the
license shall be suspended for one (1) year.
All periods of suspension shall begin on the
fifteenth day from the date the City Manager mails a
notice of suspension to the licensee or on the date the
licensee delivers his license to the City Manager, which-
ever comes first.
(3) Surrender of license required.) If a
licensee, after having been mailed notice of the suspen-
sion of his license in the manner herein provided, fails
to surrender his license to the City Manager within fif-
teen (15) days or fails otherwise to account for the
§722.37 ADULT ENTERTAINMENT CODE §722.39
license to the satisfaction of the City Manager, the
period of suspension of the license shall. be extended
until and shall not expire until a period has elapsed
after the date of surrender of the license, or after the
date of expiration of the license, whichever comes first,
which is identical in length with the original period of
suspension.
(4) When.a license is suspended for a violation
of a health, building, .zoning or fire provision of this
Code, as described in subsection (a) above the license
shall not be reissued until said violation is corrected.
(Ord. No. 18-86, §1, 19 Aug 86]
Section 722.38. Appeals. Appeals alleging error in.
the denial, suspension or revocation of a license or per-
mit under this code shall be by petition for a formal
hearing before the City Council.
A notice of intent to appeal shall be filed with the
City Clerk within fifteen (15) days of: the mailing. of a
notice of denial, suspension or revocation of a license
or permit. Thereafter, and upon payment of a fee of $50
to cover administrative costs, a hearing will be:sched-
uled within thirty (30) days. The City Clerk shall give
the petitioning party at least ten (10 days written
notice of the time and place for the hearing. {Ord., No.
18-86, §1, 19 Aug 86]
Section 722.39. License Fee.
(a) Levy of fees. There are hereby levied th fol-
lowing annual license fees under this Code, which fees
shall be paid to the City of Cape Canaveral:
(1) adult bookstore - four hundred dollars;
(2) massage establishment.- two hundred
dollars;
(3) adult motion picture theaters, as follows:
(aa) having only adult motion picture booths -
thirty-five dollars for each booth; or
(bb) having only a hall or auditorium - three
dollars and fifty cents for each seat or place;, or,
(cc) designed to permit viewing by patrons seated in
automobiles - three dollars and fifty cents for each
speaker or parking space; or
§722.39 ADULT ENTERTAINMENT CODE §722.42
(dd) having a combination of any of the foregoing -
the license fee applicable to.each under sub -paragraphs
(i), (ii), and (iii);
(ee) adult,motel - four hundred dollars.
(4) adult dancing establishment - four hundred
dollars.
(b) License fees as regulatory fees. The license
fees collected under this Code are fees paid for the pur-
pose of examination and inspection of licensed premises
under this Code and the administration thereof and are
declared to be regulatory fees in addition to and not in
lieu of the occupational license taxes imposed by other
sections of the Cape Canaveral City Code. The payment of
a license fee under this Code shall not relieve any
licensee or other person of :liability for and the respon-
sibility of paying an occupational license tax where the
same is required by other sections of the Cape Canaveral
City Code, and for doing such acts and providing such
information as may be required by said sections. [Ord.
No. 18-86, §1, 19 Aug 86]
Section 722.40. Records and Reports; Consent by
Licensee. Each licensee shall keep such records and make
such reports as may be required by the City Manager to
implement this Code and carry out its purpose. By apply-
ing for a license under this Code, an individual, partner-
ship or corporation shallbe deemed to have consented to
the provisions of this Code and to the exercise by the
City Manager and other interested. agencies. of the powers
given by Section 722.26 in the manner therein specified..
[Ord. No. 18-86,.§1, 19 Aug 86]
Section 722.41. More Than One Classification of Adult
Entertainment at Single Location Prohibited. No build-
ing, premises, structure, or other facility that contains
any classification of adult entertainment as defined in
722.27(b) above, shall permit orcontainany other classi-
fication of adult entertainment. [Ord. No. 18-86, §1, 19
Aug 86]
Part 3.1 Requirements for Licensed Premises
Section.722.42.. General Requirements. In addition to
the special requirements contained in Sections 722.45,
722.46, 722.47.and 722.48, each licensed :premises shall:
§722.42 ADULT ENTERTAINMENT CODE 722.42
(a) conform to all applicable building statutes,
codes or ordinances, whether federal, state or local,
specifically including the Zoning Ordinance of the City
of Cape Canaveral, Florida.
(b) conform to all applicable fire statutes, codes
or ordinances, whether federal, state or local.
(c) conform to all applicable health statutes,
codes or ordinances, whether federal,, state or local.
(d) have each and every glass area that faces a
public thoroughfare or through which casual passersby can
see the materials or activity inside the licensed .prem-
ises covered over by black, paint or other opaque cover-
ing; provided, that. this requirement shall not apply if
the uncovered glass area exposes to public view only a
lobby or anteroom containing no material or activity
other than a reception counter or desk and chairs or
couches for customers to use while waiting;
(e) conform to the requirements of Chapter 381,
Florida Statutes (1981), and the rules and regulations of
the Florida Department of Health and Rehabilitative Serv-
ices made pursuant thereto. Each licensed premises shall
be deemed to be a "place serving the public" for the pur-
pose of sanitary facilities; provided, that when more
than one license is issued for a single location, they
shall collectively be considered, as one licensed premises
if customers may circulate freely throughout the entire
area of the licensed premises;
(f) Sanitary facilities requirements.
(1) Water supply - the water supply must be
adequate, of safe, sanitaryquality and from an approved
source in accordance with provisions of Chapter 17-22 of
the Florida Administrative Code.
(2) Plumbing - plumbing shall be sized,
installed and maintained in accordance with provisions, of
Chapter 10D-9 of the Florida Administrative Code and the
Brevard County Plumbing Code.
(3) Restrooms - all toilet facilities must be
of readily cleanable design and be kept clean, in good
repair, and free from objectionable odors. Restrooms
must be vented to the outside of any building, be
equipped with mechanical exhaust systems and be well
lighted. Floors shall be of impervious easily cleanable
§722.42 ADULT ENTERTAINMENT CODE §722.42
materials. Walls shallbe smooth, non -absorbent and
easily cleanable.
(g) Distance and Dispersal Requirements. Adult
entertainment establishments are prohibited within the
area circumscribed by a circle which has a radius consist-
ing of the following distances from the specified uses or
zones:
(a) within one thousand (1000') feet of any residen-
tial zone (R-1, R-2, R2);
(b) one thousand (1000.') feet of any public or pri-
school;
(c) one thousand (1000') feet of any church or
other religious facility or institution;
(d) one thousand (1000') feet of any, public park;
(e) one thousand (1000') feet of any other adult
entertainment establishment.
(1) The distances provided for herein shall be
measured by following a straight line, without regard to
intervening buildings from the nearest point of the prop-
erty parcel upon which the proposed use is to be located,
tothe nearest point of the parcel of property or the
land use district boundary line from which the proposed
land use is to be separated.
(2) The distance and dispersal requirements of
this subsection shall not apply to adult entertainment
establishments existing and operating on the date of this
ordinance but said establishments shall be deemed non -con-
forming. If any such non -conforming adult entertainment
establishment voluntarily ceases to do business' for a
period of 15 consecutive days then it shall be deemed
abandoned and thereafter shall not reopen except in con-
formance with these distance. and dispersal standards.
[Ord. No. 18-86, §1, 19 Aug 86]
Section 722.43. Advertising. No adult bookstore,
massage establishment, adult motion picture theater, or
adult dancing establishment shall:
(a) display a sign advertising the presentation of
any activity:prohibited by a Florida Statute, an ordi-
nance of Brevard County, Florida, or any applicable-muni-
cipal ordinance;
§722.42 ADULT ENTERTAINMENT CODE §722.44
(b) display a sign capable of. leading :a reasonable
person to believe that the establishment engages in an
activity prohibited by a Florida Statute, an ordinance of
Brevard.County, Florida, or any applicable City ordi-
nance;
(c). erect, install, maintain, alter or operate any
sign in violation ofany applicable State, County or City
law;
(d) engage in, encourage, or permit, any form of
personal advertising for the commercial benefit of the
establishment. or for the commercial benefit of any indi-
vidual who displays or exhibits specified anatomical
areas within the establishment. [Ord. No. 18-86, §1, 19
Aug 86]
Section 722.44. Prohibited Activities.
(a) No employee as defined in this Code shall
engage in specified sexual activities on the licensed
premises in the presence of patrons or spectators or for
any form of consideration. Notwithstanding any provi-
sions of this Code to the contrary, it. shall not be unlaw-
ful for any person or employee of a commercial establish-
ment, or adult entertainment establishment to expose
specified anatomical areas in connection with the use of
approved sanitary facilities commonly known as restrooms.
However, specified anatomical. areas shall be exposed or
displayed only in connection wi.th.,excretory functions.:
(b) It shall. be unlawful for any employee, customer
or patron of a licensed premises to participate in a
straddle dance, as defined in Section 721.11 (aa) above,
on the.licensed premises..
(c) No employee, while .on the licensed premises or
within the scope of his employment, shall contract or
agree to perform, for any form of consideration, a strad-
dle dance and actually perform said straddle dance,
regardless of where such performance, takes place.
(d) It shall be unlawful for a customer or patron
of a licensed premises to touch with the hands, an
employee's breast, pubic area.or genitals,. whether said
employee is clothed or not.
(e) It shall be unlawful ,for an employee of a
licensed premises to touch with the hands, a customer or
patron's breast; pubic area or genitals. [Ord. No.,18-86,
§1, 19 Aug 86]
§722.45 ADULT ENTERTAINMENT CODE §722.46
Section 722.45. Adult. Bookstore. In addition to the
general requirements contained in Sections 722.42, 722.43
and 722.44, an adult bookstore shall observe the follow-
ing special requirements:
(a) All materials, devices and novelties shall be
so displayed that they cannot be seen by anyone other
than customers who have entered the licensed premises.
(b) If recordings are offered for sale and custo-
mers may listen to them while on the licensed premises,
soundproof booths or rooms shall be available for use by
customers who desire to listen, and each booth or room
shall have:
(1) one clear window, facing the major portion
of the licensed premise's, covering not less than one--
fourth of the wall area into which the window is set,
which window shall not be covered or obscured in any man-
ner while the booth or room is in use;
(2) sufficient chairs or couches to accommodate
the expected number of persons who will occupy the booth
or room at one time;
(3) the number of persons who may occupy the
booth or room at one time clearly 'stated on or near the
door to the booth or room, and only that number of per-
sons shall be permitted inside the booth or room at one
time; and .
(4) the door or doors opening into the booth or
room incapable of being locked or otherwise fastened so
that it or they will freely open from either side;
(5) all areas where a patron or customer is to
be positioned visible from a continuous main aisle and
not obscured by any curtain, door, wall or other enclo-
sure.
(6) all booths shall be illuminated by at least
one 25 watt light bulb and there shall be no openings
between the walls separating the booths.
Section 722.46. Massage Establishments. In addition
to the general requirements contained -in Sections 722.42,
722.43 and`722.44, a.massage establishment shall observe
the following special requirements:
§.722.46 ADULT ENTERTAINMENT CODE §722.47
(a) Any. massage establishment seeking a license
under this Code. shall present to the City Manager. a state
license issued pursuant to Chapter 4.80, Florida Statutes
(1981), at the time a license under this Code is to be
isssued. No license under this Code shall be issued in
the event the applicant fails to present said state
license.
(b) Dressing rooms shall be proportioned to the
maximum number of persons who are expected to be in them
at one time, excluding attendants and assistants, and
separate dressing rooms shall be provided for men and
women . Floors shall be of a smooth, impervious material
with a nonslip surface and shall be covered at the wall
junction for thorough cleaning. Partition walls shall
terminate at least six inches above the floor or be
placed on continuous raised masonry or concrete bases at
least four inches high.
(c) One shower shall be provided for each forty men
or women, or fraction thereof, based upon the maximum
number of persons who are expected to be using shower
facilities at one time, and separate shower facilities
shall be provided for men and women. Floors and parti-
tion walls shall be constructed as required in subsection
(b) for dressing rooms, and duckboards or wooden gratings
may be used on shower floor, if duplicate sets are pro-
vided and rotated in use.
(d) One locker shall be provided for each patron
who is expected to be on the licensed premises at one
time, which shall be of sufficient size to hold clothing
and other articles of wearing apparel. Each locker shall
be capable of being locked by the patron, with no one
else having the key so long as the patron is using the
locker, or the locker shall be under the constant atten-
tion and supervision of an attendant.
(e) Massages of a person by another person who
displays or exhibits specified anatomical areas are pro-
hibited;
(f) No person shall massage the genitals or pubic
area of another person. [Ord. No. 18-8.6, §1, 19 Aug 86]
Section 722.47. Adult Motion Picture Theaters. In
addition to the general requirements contained in Sec-
tions 722.42, 722.43 and 722.44., an adult motion picture
theater shall observe the following special requirements:
$722.47 ADULT .ENTERTAINMENT CODE $722.48
(a) Each adult motion picture booth shall be open
or have a rectangular shaped entranceway not less than
two feet wide nor less than six feet high.
(b) Each adult motion picture booth shall have suf-
ficient seats or couches to accommodate the maximum num-
ber of persons expected to use the booth. The maximum
number of persons who may occupy a booth shall be stated
on or near the entranceway, and only that number shall be
permitted to be in a booth at one time.
(c) All areas where a patron or customer is to be
positioned must be visible from a continuous main aisle
end must not be obscured by any curtain, door, wall or
other enclosure.
(d) In addition to the sanitary facilities required
by Section 722.42, there shall be provided within or
adjacent to the common corridor, passageway or area in
adult motion picture theaters having adult motion picture
booths, adequate lavatories equipped with running water,
hand -cleansing soap or detergent and sanitary towels or
hand -drying devices; common towels are prohibited.
(e) An adult motion picture theater designed to
permit viewing by patrons seated in automobiles shall
have the motion picture screen so situated, or the peri-
meter of the licensed premises so screened, that the pro-
jected film material may not be seen from any public
right-of-way or residential property. [Ord. No. 18-86,
$1, 19 Aug 86]
Section 722.48. Adult Dancing Establishment. In addi-
tion to the general requirements contained in Sections
722.42, 722.43 and 722.44, an adult dancing establishment
shall observe the following requirements:
(a) Employees are prohibited from simulating sexual
activity with any patron, spectator, employee, or other
person on the premises of an adult dancing establishment.
(b) No employee in an adult dancing establishment
shall engage in the display or exhibition of specified
anatomical areas, except while the person is positioned
in an entertainment area consisting of a platform or
other structure raised eighteen inches above the imme-
diately surrounding area and encompassing an area of at
least one hundred square feet; and while the person is
positioned at least' three feet from a patron or specta-
tor, except tha any establishment regulated by Section
722.62 herein shall require said person to be positioned
§722.48 ADULT ENTERTAINMENT CODE §722.56
in an entertainment area consisting of a platform or
other structure raised eighteen inches above the imme-
diately surrounding area and encompassing an area of at
least one hundred square feet, or while the person is
positioned .at least three feetfrom the patron or
spectator.
(c) No spectator or patron shall: be present in the
entertainment area, defined in subsection (b) , during the
course of any performance involving the display or exhibi-
tion of specified anatomical areas.
(d) No person maintaining, owning, or operating an
adult dancing establishment shall suffer or permit the
construction, maintenance,or use of areas partitioned or
screened from public view that are designed to be occu-
pied or are commonly occupied alone or together by any
person or persons on the premises of such establishment
for private performances involving the display or exhibi-
tion of specified anatomical areas.
(e) No person on the premises of an adult dancing
establishment shall be permitted to use or to be present
in areas partitioned or screened from public view that
are designed to be occupied together or alone by any per-
son or persons on the premises of such establishment for
the display or exhibition of specified anatomical areas.
(f) Nothing in this Code pertaining to adult danc-
ing establishments shall be construed to permit or author-
ize any acts or activities therein that are prohibited by
State law. (Ord. No. 18-86, $1, 19 Aug 86]
Part.4. Special Provisions
Section 722.55. Operation, of Unlicensed Premises
Unlawful. It, shall be unlawful for any person to operate
an adult bookstore, adult motion picture , theater, massage
establishment or adult dancing establishment unless such
business shall have a currently valid license therefor
under this Code, which license shall not be under suspen-
sion or permanently or conditionally revoked. [Ord. No.
18-86, §1, 19 Aug 86]
Section 722.56. License Required of Commercial .Estab-
lishments Advertising Adult Entertainment. Any commer-
cial establishment that displays within one hundred.(100)
feet of its premises a sign or other form of advertise-
ment capable of leading a reasonable person to believe
that said establishment engages in an activity required
§722.56 ADULT ENTERTAINMENT CODE §722.61
by this Code to be licensed shall obtain an adult enter-
tainment license for said activity. [Ord. No. 18-86, §1,
19 Aug 86]
Section 722.57. Proscriptions Where Alcoholic
Beverages Are Sold, Dispensed or Permitted and Where Food
or Beverages are Sold or Dispensed. The human genitals
or pubic region, the areola of the female breast, and the
cleavage of the human buttocks shall not be displayed or
exposed on a licensed premises where alcoholic beverages
are sold, dispensed or permitted. It shall be unlawful
for any employee to exhibit specified anatomical areas
while selling or dispensing any form of food or beverage.
[Ord. No. 18-86, Si, 19 Aug 86]
Section 722.58. Admission of Minors Unlawful. It
shall be unlawful for a licensee to admit or to permit
'the admission of minors within a licensed premises. This
Adult Entertainment Code shall not apply to conduct the
regulation of which has been preempted to the State under
Chapter 847, Florida Statutes (1981). [Ord. No. 18-86,
§1, §1, 19 Aug 86]
Section 722.59. Sale to Minors Unlawful. It shall be
unlawful for any person to sell, barter, or give, or to
offer to sell, barter or give, to any minor any service,
material, device or thing sold or offered for sale by an
adult bookstore,adult motion picture theater, massage
establishment or adult dancing establishment. [Ord. No.
18-86, §1, 19 Aug 86]
Section 722.60. Permitting Violations of Code or
Illegal Acts Prohibited. No licensee, owner or employee
shall permit, suffer or allow violations of this Code or
illegal acts to take place on the licensed premises, if
the licensee or employee knows or has reason to know that
such violations or illegal acts are taking place. [Ord.
No. 18-86, §1, 19 Aug.86]
Section 722.61.. Permits for Employees in Licensed
Premises.
(a) Adult entertainment permit required. Unless
specifically excluded below, it shall be unlawful for any
person to obtain employment in an establishment licensed
or permitted toloperate under the Adult Entertainment
Code, for any form of consideration, or to exhibit or
display specified anatomical areas in an establishment
licensed or permitted to operate under the Adult Enter-
tainment Code unless and untilsuch person shall have
§722.61 ADULT ENTERTAINMENT CODE §722.61
first obtained an Adult Entertainment Permit or temporary
permit from the City Manager. This Section shall not
apply to employees engaged exclusively in performing jani-
torial or maintenance services.
of age.
(c) . Application for and issuance of adult entertain-
ment permit.
(b) Qualifications. Employees of a licensee on a
licensed premises shall not be lessthan eighteen years
(1) Permission is hereby granted for an employ-
ee working at an adult entertainment establishment on the
effective date of this Code to continue working until an
application for a permit under this Code is filed with
the City Manager, not later than forty-five (45) days for
adult bookstores, massage: establishments, adult motion
picture theaters, and seventy-five (75).days after said
date for adult dancing establishments, and for a period
thereafter not to exceed one (1) week.
(2) All present and. prospective employees of an
adult entertainment establishment shall file an applica-
tion for an Adult Entertainment Permit with the City
Manager.
(3) All applications shall be accompanied by a
non-refundable payment of a $16.00 fee.
(4) The City Manager shall submit .the.:names of
all applicants for an Adult Entertainment. Permit who
intend to work in an adult dancing establishment or a
massage establishment to the Brevard County Health Depart-
ment. If in the thirty (30) days immediately preceding
submission of anapplication, such applicant was a known
carrier of any notifiable communicable disease, as
defined in Chapter 10D-3, Florida Administrative Code,
the Brevard County Health Department shall notify the
City Manager and no permit shall be issued unless and
until the applicant presents a statement from a licensed
physician certifying that the applicant is free of all
notifiable communicable diseases.
(5) At! the time an applicant applies for a per-
mit and completes all requirements for the, issuance of a
permit, he shall be issued a temporary permit valid for
seven (7) days. No later than seven (7) days from the
§722.61 ADULT ENTERTAINMENT CODE §722.61
filing of an application and, if applicable, upon pre-
sentation of the statement of .a licensed physician as
required in subsection (4) above, the City Manager shall
issue a permit.
(6) It shall be the duty of the City Manager to
issue the applicant a written permit which shall be
signed by the City Manager, and shall bear the name, all
aliases, address, sex, age, signature, and photograph of
the applicant. The City Manager shall procure the finger-
prints and a photograph of the applicant and the name (s)
of all entertainment establishments where the applicant
is to work or perform and shall keep the same on perma-
nent file in its office. The fingerprints, names of
establishment (s) and photograph of the applicant shall be
furnished by the applicant at the time of filing his
application. The City Manager may request anapplicant
to provide such additional information as is necessary to
effect the purposes of this Code. Upon delivery of the
permitto the applicant, the applicant may begin working
on the licensed premises as a permanent employee.
There shall be submitted with each application
for a permit proof of the applicant's age. Such proof
may be provided by production of the applicant's driver's
license, passport, or a certified copy of his birth certi-
ficate. If the applicant is unable to furnish any of
such documents, a certificate from the public school
authorities as to the age of the applicant upon entering
school as required by Section 232.03, Florida Statutes
(1983), or the school authorities of the state where
applicant enrolled in school, shall be submitted. Upon
inability of applicant to establish a birth date as above
provided, then the same may, be established in the order
of preference as provided by s. 232.03, Florida Statutes
(1983). However, uncertified copies of such documents
shall not be accepted.
Any applicant who does not possess a driver's
license, passport, or certified copy of his birth certifi-
cate may obtain a temporary permit upon completion of all
other requirements for an application and submission of a
written request to the appropriate authority in his state
of birth that certified evidence of his date of birth be
provided to the City Manager.
(7) No permit shall be issued when its issu-
ance would violate a statute, ordinance, law or when an
order from a court of law prohibits the applicant from
obtaining an adult entertainment permit in Cape Canav-
eral, Florida.
>,
$722.61 ADULT ENTERTAI.NMENT CODE §722.61
(8) Any adult entertainment establishment hold-
ing a valid adult entertainment license issued pursuant
to this Code, shall be permitted to provide its employees
with current permit application forms approved by the
City Manager and to take the photograph of the applicant
in a manner and with equipment approved by the City Man-
ager on the express condition that the establishment (1)
require the employee to complete the application form and
be photographed within one working day of the. time said
employee begins to work or perform in said establishment;
(2 ) mail a notice in writing to the City Manager within
one working day that said employee has begun to work or
perform at said establishment, (3) make the employee
available for fingerprinting at a time and location to be
determined by an agent appointed by the City Manager, at
which time and place said employee shall present to the
agent the employee's completed application form and photo-
graph; (4) on the first Monday of every month provide the
City Manager with a current listing of all employees and
their positions; (5) in exchange for acceptance of the
benefits provided by this sub-section, waive any and all
rights to challenge the permit requirements of this
Code; (6) reimburse the City for reasonable additional
expenses incurred pursuant to this subsection; and (7) be
liable for damages to the City of $250.00 per day per
violation if any employee who performs in said establish-
ment is not entitled to a permit.
(d ) Revocation. Should a permit be issued as a
result of false information, misrepresentations of fact
or mistake of fact, it shall be revoked.
(e); Expiration and Renewal. A permit under this
Code shall expire two (2) years from the date of issuance.
A permittee under this Code shall be entitled to a renew-
al of his permit as a matter of course, except when said
permit has been suspended or revoked, upon presentation
of his previous permit or presentation of an affidavit as
to its loss ordestructionto the City Manager and pay-
ment of a $16. 00 fee made payable to the City of Cape
Canaveral.
(f) Possession of Permit required.
(1) It shall be unlawful for an employee, as
defined in this Code, to work, perform or to exhibit or
display specified anatomical areas in an adult entertain-
ment establishment without an Adult Entertainment Permit
in his immediate possession at all times.
§722.61 ADULT ENTERTAINMENT CODE §722.61
(2) No person charged with violating this sec-
tion shall be convicted if he produces to the City Man-
ager within seventy-two (72) hours of detention or in
court a permit theretofore issued.
(3) Upon receipt of a properly authenticated
notification from the City Manager verifying issuance of
a valid permit, the Clerk of the Court is authorized to
dismiss such cases at any time prior to the defendant's
appearance in court.
(g) Violations. Any person who violates the provi-
sions of this section, or otherwise fails, to secure a
permit as required by this section, shall be prosecuted
and punished in accordance with general law.
(h) Suspension of Permit.
(1) Procedure. Upon receiving notice that a
jury or other trier of fact in a court of law has found
that a permittee violated any provision of this Code,
whether or not an adjudication of guilt has been entered,
the City Manager shall suspend the permit and shall
notify the permittee of his action. Notification. shall
be by certified mail and shall be sent to the address on
the.permit application, which shall be considered the
correct address.
(2) Periods of Suspension. A single violation
of this Code shall result in the suspension of the Adult
Entertainment Permit for thirty (30) days. Upon a second
violation of this Code within a period of two years from
the date of a prior violation of this Code, but not
including any time during which the permit was suspended,
the permit shall be suspended for ninety (90) days. Upon
a third violation of this Code within a period of two
years from thefirst of three violations, but not
including any time during which the permit was suspended,
the permit shall be suspended for one hundred eighty
(180) days. All periods of suspension shall begin on the
fifteenth day from the date the City Manager mails a
notice of suspension to the permittee or on .the date the
permittee delivers his permit to the City Manager, which-
ever comes first
(3) Surrender of Permit required. If a permit -
tee, after having been mailed notice of the suspension of
his permit; in the manner herein provided, fails to surren-
der his permit 'to the City Manager within fifteen (15)
days, the period of suspension of the permit shall be
§722.61 ADULT ENTERTAINMENT CODE §722.65
extended until and shall not expire until a period has
elapsed after the date of surrender of the permit, or
after the date of expiration of the permit, whichever
comes first, which is identical in length with the origi-
nal period of .suspension.
(i) Appeal. If an application for a permit is
denied or if a permit is suspended or revoked, the :proce-
dures specified in Section 722.38 shall be available to
the applicant or permittee, in the manner therein speci-
fied. If the applicant or permittee does not appeal the
denial, suspension or revocation of a permit, the appli-
cant or permittee shall be deemed to have failed to have
exhausted his administrative remedies.
(j) Replacement of Lost Permits. Replacements for
lost permits shall be obtained by completing an applica-
tion as required in Section 722.61 (c) above. All applica-
tions for replacement permits shall be accompanied by a
ten dollar ($10.00) fee.
(k) Change of Address, Name or Place of Employment.
Whenever any person, after applying for or receiving an
adult entertainment permit, shall move from the residen-
tial address named in such application, or in the permit
issued to him, or when the name of the permittee is
changed by marriage or otherwise, or when the permittee
takes on employment or .begins to perform at an adult
enter-tainment establishment not, indicated inhis applica-
tion, such person shall within ten (10) days thereafter
notify the City Manager in writing of his old and new
address, or of such former and new names. [Ord. No.
18-86, §1, 19, Aug 86 ]
Section 722. 62. Immunity from Prosecution. All offi-
cers and. ,employees of the City who are acting within the
scope of their authority and duties under this Code,
shall be immune from prosecution, civil and criminal, for
trespass upon real property. [Ord. No. 18-86, §1, 19 Aug
86]
Part 5. Alcoholic Beverages
Section 722.65. Exhibit or Display of Certain Anatomi-
cal Areas by Employees or Patrons Prohibited. It shall
be unlawful for any employee of a commercial establish-
ment, regardless of whether it is licensed under this
Code, where said employee knows or should have known that
alcoholic beverages are on the premises, to exhibit or
$722.65 ADULT ENTERTAINMENT CODE §722.82
display the human genital or pubic region, the cleavage
of the human buttocks or the areola of the human female
breast. [Ord. No. 18-86, §1, 19 Aug 86]
Part 6. Commercial Establishments
Section 722.71. Straddle Dancing Unlawful in Any
Commercial Establishment. It. shall be unlawful for any
employee, or customer or patron of any commercial estab-
lishment in the City. of Cape Canaveral, Florida, whether
or not the establishment is licensed under this Code, 'to
perform or participate in a "straddle dance", as defined
by Section 722.11 (aa) of this Code, while on the premises
of the commercial establishment. It shall also be unlaw-
ful for any employee, while on the premises or within the
scope of his employment, to contract or agree to perform,
for any consideration, a straddle dance and to actually
perform said straddle dance, regardless of where such
performance takes place. [Ord. No. 18-86, §1, 19 Aug 86]
Section 722.72. Sufferance of Straddle Dancing in Any
Commercial Establishment Prohibited. Employers of commer-
cial establishments within the City of Cape Canaveral are
responsible for the acts of their employees.
It shall be unlawful for any, person maintaining or
operating any commercial establishment, regardless of
whether it is licensed under this Code, to knowingly, or
with reason to know, permit, suffer or allow any employee
on the premises to perform or participate in astraddle
dance, as defined by Section 722.11 (aa) of this Code.
[Ord. No. 18-86, §1, 19 Aug 86]
Section 722.73. Commercial Establishment - Prohibi-
tion Against. Certain Activities. It shall be unlawful
for any employee or customer or patron of any commercial
establishment in the City of Cape Canaveral, whether or
not the establishment is licensed under this code, and
while on the premises, to exhibit or display specified
anatomical areas. [Ord. No. 18-86, §1, 19 Aug 86]
.Part 7. Violations
Section 722.82. Presumptions. The following presump-
tions shall apply in actions brought for violations of
this ordinance:
(a) Any person who owns, operates, maintains or
enters a commercial establishment, which advertises with-
in 100 feet of the premises of the commercial establish-
§722.82 ADULT ENTERTAINMENT CODE S722.84
ment to the general public that said establishment. pro-
vides, allows or permits the exhibition or display of
specified anatomical areas, is presumed to be aware that
the exhibition or display of specified anatomical areas
is taking place in the establishment.
(b) Any establishment which has received an occupa-
tional -license to operate commercially is presumed to be
a commercial establishment.
(c) An employee, customer or patron of a commercial
establishment who engages in straddle dancing, as defined
by Section 722.11(aa) of this Code may be prosecuted
under Sections 722.44 (b) or 722.85 of this Code, which-
ever is more appropriate, but shall be prosecuted under
only one of those provisions for each offense.
(d) An employee, customer or patron of a commercial
establishment who contracts to perform a straddle dance
and actually performs said straddle dance may be prose-
cuted under Section 722.44 (c) or 722.85 of this Code,
whichever is more appropriate, but shall be prosecuted
under only one of those provisions for each offense.
(e) An employer of a commercial establishment who
permits, suffers or allows any employee on the premises
to perform or participate in a straddle dance, as defined
by, Section 722.11(aa) of this Code may be prosecuted
under Sections 722.60 or 722.85, whichever is (are) more
appropriate, but shall be prosecuted under only one of
those provisions for each offense.
Section 722.83. Exception Restroom Use. Notwith-
standing any provisions of this Code to the contrary, it
shall not be unlawful for any person or employee of a
commercial establishment, or adult entertainment estab-
lishment, to expose specified anatomical areas in connec-
tion with the use of approved sanitary facilities com-
monly known as restrooms. However; specified anatomical
areas shall be exposed or displayed only in connection
with excretory functions. [Ord. No..18-.86, §1,-19`Aug 86]
Section 722.84. Proof.
(a) In all actions,civil or criminal, for viola-
tion of this ordinance, testimonial evidence that a bev-
erage was an alcoholic beverage, beer or wine may be
offered by any person who, by experience in the past in
handling or using alcoholic beverages, beer or wine, or
§722.84 ADULT ENTERTAINMENT CODE §722.90
who by taste, smell. or drinking of such liquids has know-
ledge of the presence of the alcoholic content thereof or
the intoxicating effect thereof.
(b) The presence of alcoholic content of any bever-
age, beer or wine may be shown by hydrometer or gravity
test made in or away from the presence of the fact finder
by any person who has knowledge of the use of said instru-
ment, but the production of such evidence is optional.
[Ord. No. 18-86, §1, 19 Aug 86]
Section 722.85. Penalties. Any person who violates
any section of this Code shall be prosecuted and punished
in accordance with general law and additionally shall be
subject to suspension of his license or permit as pro-
vided in this Code. [Ord.. No. 18-86, §1, 19 Aug 86]
Section 722.86. Powers of City Council. The City
Council may bring suit to restrain, enjoin or otherwise
prevent the violation of this Code in the Circuit Court
of Brevard County, Florida. [Ord. No. 18-86, §1, 19 Aug
86]
Part 8. Miscellaneous Provisions
Section 722.89. Public Nudity. It shall be unlawful
for any person in any publicplace or in any commercial
establishment, unless expressly permitted within the cor-
porate limits of the City to be found in a state of
nudity or to expose or exhibit his sexual organs. This
section, however, shall not be construed to prohibit the
exposure of sexual organs in any place providedor. set
aside for that purpose. (Ord. No. 18-86, §1, 19 Aug 86]
Section 722.90. Invalidity. If any provision of this
chapter or the application thereof to any person or cir-
cumstance is held invalid, the invalidity shall not
affect other provisions or applications of the chapter
which can be given effect without the invalid provision
or application and to this end the provisions of this
chapter are declared severable. [Ord. No. 18-86, §1, 19
Aug 86]
§ 723.01 SPECIAL OCCUPATIONAL PERMITS § 723.02
CHAPTER 723
SPECIAL OCCUPATIONAL PERMITS
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. 2.1-66, § 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.
§ 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 institutionin 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 lengthoftime 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 pas 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 pe 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 provisions 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. [Ord. 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 in 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 in 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
§ 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 of committing a
crime, and further stating that the record will be used
only for such purpose. [Ord.. No. 21-66, § 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 imprisonmentnot. to
exceed sixty (60) days or by such fine and imprisonment.
[Ord. No. 21-66, § 8, 20 Sep 1966; Ord. No. 21-74, § 1,
16 Jul 1974]
§ 727.01 PUBLIC AREA CONSTRUCTION REGULATIONS § 727.05
CHAPTER 727
PUBLIC AREA CONTSTRUCTION REGULATIONS
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 excavationpermit 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, § 4, 19 Sep 1967]
Sec. 727.05 Permit Fees. ($25.00) (22-92) -(Handwrtten) 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, 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,
§ 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, § 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
§ 727.08 PUBLIC AREA CONSTRUCTION REGUTATION. § 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 andto 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 isissued 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]
§ 729.01 OUTSIDE CONCERTS , FESTIVALS § 729.03
OR ENTERTAINMENT
CHAPTER 729
OUTSIDE CONCERTS, FESTIVALS
OR ENTERTAINMENT
Sec. 729.01 Definitions. When used in this Chapter,
the following words shall mean:
Council - The City Council of the City of Cape Canaveral,
Florida.
Outside Concerts, Festivals or Entertainment - Any
gathering of groups or individuals for the purpose of
listening to or participation in entertainment which
consists primarily of musical renditions conducted in
open spaces, not within a completely enclosed structure.
Sec. 729.02 Mandatory Permit Required. It shall be
unlawful for any person, firm, corporation or partnership
to stage, promote, or conduct any outside concerts, fes-
tivals or entertainment in the City of Cape Canaveral,
Florida unless he, she or it shall first secure from the
City Treasurer of the City of Cape Canaveral, Florida an
occupational license as provided for in Code Chapter 721
of the City of Cape Canaveral, which occupational license
shall be issued by the said City Treasurer as provided in
this Ordinance only after issuance of a special entertain-
ment permit by the City Council.
Sec. 729.03 Issuance of Permit.
(A) Any person, firm, corporation or partnership de-
siring to stage, promote or conduct any outside concert,.
festival or entertainment within the corporate limits of
the City of Cape Canaveral, Florida shall first secure a
special entertainment permit from the Council.
(B) An application for a special entertainment permit
shall be submitted in writing to the Council on forms
provided for this purpose at least forty-five (45) days
in advance of the date of commencement of the festival for
which the permit is requested, in order to permit the
Council to evaluate the application in an orderly and
expeditious manner. Said application shall contain the
plans, documents and information specified hereafter in
this Section. No ,permit shall be issued by the Council
§ 729.03 OUTSIDE CONCERTS,FESTIVAL § 729.03
OR ENTERTAINMENT
until receipt and approval of all of said plans, documents
and information and until the following minimum conditions
are met or such higher conditions as required by the Council
upon a review of any unique problems contained in said plans,
documents and information:
(1) Adequate plans for camp construction, sanitation
facilities, sewage disposal, garbage and refuse disposal,
drainage, floodlighting during darkness, insect and rodent
control, water supply and food service. For the purposes
of evaluating such plans, the standards established by
the rules of the Division of Health in the Sanitary Code
of Florida shall be considered as minimum requirements.
For the purposes of this ordinance, the following sections
of the Sanitary Code of the Florida Administrative Code
shall be considered specifically applicable to the oper-
ation of a musical or entertainment festival: Chapter
10D-25.03; 25.07; 25.09, 25.10, 25.11, 25.13, 25.14, 25.15,
25.16, 25.17, 25.18, 25.21, 25.22; Chapter 10D-8; Chapter
10D-13. In evaluating the plans, the Council shall also
consider the applicability of provisions of Chapter 386,
Florida Statues, and such other provisions of law, the
Sanitary Code or local ordinances, as it may deem nec-
essary in the interests of the public health and welfare.
(2) An adequate geographic description and scale map
or plan of the festival site showing the location of all
required facilities, including adequate traffic control
and parking facilities outside the performance area.
Such plans shall provide for at least one (1) parking
space for every five (5) patrons, and for safe trans-
portation of the patrons from the parking area to the
performance area. No motor vehicle shall be permitted
outside the designated parking area except when necessary
to insure compliance with any provision of this ordinance.
(3) An adequate plan for medical facilities. There.
shall be provided one (1) physician licensed in this
State on duty at all times for every two thousand (2,000)
patrons, one (1) nurse licensed in this State on duty at
all times for every one thousand (1,000) patrons, one
(1) bed or cot for every two hundred ('200) patrons, com-
plete and sterile supply of medicines, bandages, medical
compounds, medical instruments, serums, tape and such
other supplies' as are necessary to treat adverse drug
reactions, cuts, bruises, abrasions, bites, fractures,
infectionsand other injuries commonly connected with
such outdoor activities.
§729.03 OUTSIDE CONCERTS, FESTIVALS §729 .03
OR ENTERTAINMENT
(4) An adequate plan for internal security, traffic
control, communications, fire. protection, and emergency
services, including ambulance service, in and around
the festival area. Such plan shall provide for at
least one (1) person professionally trained in security
and traffic control on duty at all times for every five
hundred (500) patrons, with no security personnel work-
ing more than one eight (8) hour shift in any twenty-
four (24) hour period. The plan shall include a
detailed description of the plan of security, traffic
control,communications, fire protection, and emergency
services, including ambulance service, to be used and
how it is to be implemented, and a detailed background
on the training and ability of the personnel to be used
in implementing said plan.
(5) A full and complete disclosure of the financial
backing of the festival, including the names of all
persons with a direct or indirect financial interest in
the staging, promoting or conducting of said festival,
whether such interest be by virtue of ownership in any
corporation staging, promoting or conducting said festival,
status as an employee of any person, persons or entities
staging, promoting or conducting such festival, or ,any
involvement by which such person, firm, partnership or
corporation stands to gain or lose financially from such
festival.
(6) The names of all persons or groups who will perform
at said festival and executed copies of all contracts or
agreements with such persons or groups.
(7) The names of all persons, firms and corporations
who will provide products, materials or services, other
than entertainment, to or at said festival, and executed
copies of all contracts or agreements with such pers.ons,
firms or corporations.
(8). The exact date and time of commencement and the
exact date and time of the conclusion of the festival.
No event shall begin before 10:00 A.M. nor end after 9:00
P.M.
(9) The Council may .establish by resolution such
additional conditions, criteria or detailed specification
for the special entertainment permit as they :rnay deem
necessary to carry out the intent of this law, for the
protection of the public health, morals, safety and
general welfare.
§ 729.03 OUTSIDE CONCERTS , FESTIVALS § 729.06
OR ENTERTAINMENT
(10) A written public liability insurance policy
insuring the person, firm, corporation or partnership,
staging, promoting or conducting the musical or en-
tertainment festival against any and all claims and
demands made by any person or persons for injuries
received in connection with the staging, promoting,
conducting or attendance of or at said musical or
entertainment festival, written within limits of not
less than three hundred thousand dollars ($300,000)
damage or injury to any one person for bodily injury
or otherwise, plus twenty-five thousand dollars ($25,000)
damages to property, and for not less than five hundred
thousand dollars ($500,000) for damages incurred or
claimed by more than one (1) person for bodily injury
or otherwise, plus fifty thousand dollars ($50,000)
for damages to property. The original or duplicate of
said policy shall be attached to the application for a
special entertainment permit, together with adequate
evidence that the premiums are paid.
Sec. 729.04 Compliance With Other Laws and Regulations.
The staging, promoting or conducting of such outside con-
certs, festivals or entertainment shall be in full and
complete compliance with all zoning and land use laws;
beverage license laws and other laws, ordinances and reg-
ulations applicable to the City of Cape Canaveral, Florida.
Sec. 729.05 Permit Fee. The Council shall assess
upon the filing of the application,a minimum non-refundable
fee of five hundred dollars ($500.00) per day.
Sec. 729.06 Cash Clean-up Bond. Any person, firm,
partnership or corporation holding a special entertainment
permit shall deposit with the City Treasurer of the City
of Cape Canaveral, a cash bond in the amount of five hundred
dollars ($500.00). Said cash bond shall be for the expense
of cleaning up any debris, paper, litter or trash left by
the patrons at such festival' or by the holder of the permit
or its agents, employees or contractors. Said cash bond shall
be returned to the holder of the permit upon certification
by City Administration of the City of Cape Canaveral that
all debris, paper, litter or trash has been removed from
the premises on -which the festival was held within twenty-
four (24) hours from the designated conclusion time of the
festival and that no damage has been done to the streets,
sewers, structures, trees and shrubbery on such -premises or
§ 729.06 OUTSIDE CONCERTS, FESTIVALS $729.10
OR ENTERTAINMENT
the adjoining property. Upon failure of the holder of
the. permit to complete such cleanup or repair such damage
within said twenty-four (24) hour time period, the City
shall have the right to forthwith take such corrective
action as it may deem necessary and to deduct the cost
of same from the amount of said cash clean-up bond.
Sec. 729.07 Penalties for Violations.
(A) Any person, firm or corporation who violates, dis-
obeys, omits, neglects or refuses to comply with, or who
resists the enforcement of any of the provisions.of this
ordinance, shall be punished as provided by Section 801.03
of the City Code of the City of Cape Canaveral, Florida.
(B) The Council may revoke the special entertainment
permit granted and shall immediately notify the City
Treasurer to revoke any occupational license upon the
occurance of any violation of this ordinance.
Sec. 729.08 Exceptions. The Council shall have the
right to waive the applicability and necessity. of any of
the provisions of this ordinance to any outside concerts,
festivals or entertainment sponsored. by the recreational
boards established by the City or any outside concerts,
festivals or entertainment promoted by a non-profit or-
ganization, association or group if such outside.concerts,
festivals or entertainment of said organization, assocation
or group has been sanctioned or approved by the Council.
Such sanction and approval of an outside concert,. festival
or entertainment promoted by such organization, association
or group shall be based upon a sufficient showing that the
provisions waived dealing with the health, safety .and
welfare of those in attendance as well as the general public
have been otherwise provided for as required by the applic-
able standards set forth in this ordinance. .
Sec. 729.09 Liberal Construction. The provisions of
this ordinance shall be -liberally construed in order to -
effectively carry out the. purposes of this ordinance in
the interest.of the.public health, morals, welfare and
safety of the citizens and residents of this City.
Sec. 729.10 Severability. It is declared to be the
intent of the City Council. of the City of Cape Canaveral
Florida, that if any section, subsection,, sentence, clause,
phrase, or portion of this ordinance is for any reason
held inval'id'or'unconstitutional by any court of competent
§ 729.10 OUTSIDE CONCERTS, FESTIVALS § 729.10
OR ENTERTAINMENT
jurisdiction, such portion shall be deemed a separate,
distinct and independent provision, and such holding
shall not affect the validity of the remaining portions
hereof. [Ord. No. 8-83, § 1, 19 Apr 83]
§ 733.01 ALCOHOLIC BEVERAGE SALE REGULATIONS § 733.05
CHAPTER 733
ALCOHOLIC BEVERAGE SALE REGULATIONS
Sec. 733.01 Time of Operation Regulated for Establish-
ments Holding State Beverage Licenses and Any Other
Commercial Establishment where Alcoholic Beverages are
Served. Any commercial establishment which serves, dispenses,
stores or sells alcoholic beverages, or where alcoholic
beverages are consumed, or which holds a license under the
Division of Beverages for either on or off -premise consumption,
shall have their hours of operation for the purposes of
dispensing, selling, consuming or serving alcoholic beverages
from 7:00 A.M. to 2:00 A.M. the following morning Monday
through. Saturday and on Sundays from 1:00 P.M. to 2:00 A.M.
the following morning. Additionally, on Sundays, beer and
wine may be served or sold from 7:00 A.M. to 1:00 P.M. [Ord.
No. 7-83, §2, 19 Apr 1983; Ord. No. 23-83, §2, 1 Nov 1983;
Ord. No. 45-85, §1, 5 Nov 1985]
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 until 4:00 A.M.
on January 1st and shall not be required to close at 2:00 A.M.
as provided in Section 733.01. [Ord. No. 23-76, §1, 21 Dec
1976; Ord. No. 45-85, §2, 5 Nov 1985]
Sec. 733.04 Penalty. Any person violating any of the
provisions of this Chapter shall be punished as provided
in Section 801.02. [Ord. No. 23-76, §1, 21 Dec 1976]
Sec. 733.05 Nudity. on Premises where Alcoholic Beverages
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
PAGE REVISED
5 NOV 85
§ 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 an offense 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
§ 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]
§ 734.01 REGULATIONS OF NUDITY ON PREMISES § 734.01
WHERE ALCOHOLIC BEVERAGES ARE SERVED
CHAPTER 734
REGULATIONS OF NUDITY ON PREMISES
WHERE ALCOHOLIC BEVERAGES ARE SERVED
Sec. 734.01 Nudity on Premises where Alcoholic Beverages
are served, consumed or stored.
(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 served, consumed or stored:
(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 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,
buttocks, 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 with-
in the City of Cape Canaveral, Florida, at which alcoholic
beverages are served, consumed or stored, 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 beverages
$734.01 REGULATIONS OF NUDITY ON PREMISES § 734.03
WHERE ALCOHOLIC BEVERAGES ARE SERVED
are served, consumed or stored, to expose to public view
his or her genitals, pubic area, buttocks, anus, 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, buttocks, anus, or anal cleft or cleavage.
(D) 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.
(E) If the owner, operator, lessor, lessee, manager,
employee, or any other person participating in the operation
of a commercial establishment located within the City of
Cape Canaveral at which alcoholic beverages are served,
consumed or stored shall be convicted of any of the offenses
designated in Section 734.01 (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 revocation should not be issued. [Ord.
No. 14-84, § 1, 12 Jul 1984]
Sec. 734.03 Penalty Any person violating any of the
provisions of this Chapter shall be punished as provided
in Section 801.02. [Ord. No. 14-84, § 1, 12 Jul 1984]
§ 737.01 ALCOHOLIC BEVERAGE S 737.03
OPEN CONTAINER REGULATIONS
CHAPTER 737
ALCOHOLIC BEVERAGE
OPEN CONTAINER REGULATIONS
Sec. 737.01 Policy and Intent. The City Council of
the City of Cape Canaveral finds that the consumption
of alcoholic. beverages while driving or riding in or on
a motor vehicle poses a grave and imminent hazard to
the health, safety and welfare of the residents of the
City of Cape Canaveral, Florida, and is in conflict
with and of the spirit of the .beverage laws o.f the
State of Florida. It therefore is declared to be the
policy of the City of Cape Canaveral that the consump-
tion of alcoholic beverages and/or the possession of
any open container containing alcoholic beverages while
driving or riding in or on a motor vehicle is prohib-
ited. [Ord. No. 21-87, § 1, 21 Jul 87]
Sec. 737.03 Definitions. For the purposes of this
Chapter, the following words and phrases shall have the
following meanings:
Alcoholic Beverage.
A. Any beverage containing more than 1% of alcohol
by weight.
B. Proof that a beverage in question was contained
in an opened bottle or can, labeled as beer, ale, malt
liquor, malt beverage, wine, wine cooler or other simi-
lar name or names and which bears the manufacturer's
insignia, name or trademark shall be prima facie evi-
dence that such beverage is an alcoholic beverage.
Highway shall mean any public street, avenue, boule-
vard, roadway, alley, sidewalk, parking lot or other
right-of-way or any area upon which the public has a
right to travel, whether public or private, located
within the incorporated .area of the City of Cape
Canaveral, Florida.
Open Container shall mean any bottle, can or other
receptacle or container containing any alcoholic bever-
age or any mixture containing an alcoholic beverage,
CHAPTER REVISED
2 NOV 89
§ 737.03 ALCOHOLIC BEVERAGE $737.07
OPEN CONTAINER REGULATIONS
which has,been opened or a seal broken, orthe contents
of which have been partially removed.
Possession. An open container shall be considered
to be in the possession of a person if such a container
is physically held by or readily accessible to the per-
son by being within such person's grasp or if such
person is observed drinking from such open container.
An open container shall not be considered to be in the
possession of a person if the open container is located
in a locked glove compartment, or other locked compart-
ment, trunk, or other non -passenger area of the vehicle
as intended by the manufacturer. An open container
shall not be considered in the possession of a person
if the open container is located in the refrigerator or
other cabinet of a motor home or recreational vehi-
cle/type unit as defined in Section 320.01, Florida
Statutes.
Readily Accessible shall mean the open container
that contains any alcoholic beverage is in the vehicle
and although not in the actual, physical manual posses-
sion of the driver or passenger, is located in a place
and manner that it can be easily reached.
Vehicle shall mean every device, in, upon, or by
which any person or property is or may be transported
or drawn upon a highway, excepting devices used exclus-
ively upon stationary rails or tracks. [Ord. No. 21-87,
1, 21 Jul 87; Ord. No. 27-87, § 1, 8 Oct 87]
Sec. 737.05 Prohibition. It shall be unlawful for
any person or persons in any motor vehicle to possess,
to have readily accessible or to transport, or to allow
others to possess, to have readily accessible or to
transport any open container containing any alcoholic
beverage, or any mixture containing an alcoholic bever-
age, while the motor vehicle is upon a street or
highway within the City of Cape Canaveral. [Ord. No.
21-87, § 1, 21 Jul 87; Ord. No. 27-87, § 2, 8 Oct 87]
Sec. 737.07 Exceptions. The provisions of this.
Chapter shall not apply to:
A. To any open container in a refrigerator in the
living area of house trailers, travel, trailers, camping
CHAPTER'REVISED
2-NOV 89
$737.07 ALCOHOLIC BEVERAGE $737.09
OPEN CONTAINER REGULATIONS
trailers, motor homes, campers and other similar types
of facilities that are primarily designed and con-
structed to provide temporary living quarters and
utilized for traveling and recreational purposes and
that are equipped with refrigeration facilities.
B. The possession of any open container containing
any alcoholic beverage by any Florida -licensed beverage
sales person, vendor or agent, but only for purposes
specifically related to their employment as sales per-
sons, vendors or agents and only during normal working
hours for such business.
C. The possession of any open container containing
any alcoholic beverage by any duly ordained or autho-
rized minister, pastor, priest, rabbi, or any other
similarly-designated person, of any religious order,
monastery, church or religious body, but only for pur-
poses specifically related to their fulfillment of
their religious duties.
D. The possession of any open container containing
any alcoholic beverage by any law enforcement officers
and employees of law enforcement agencies, but only
while in the performance of their lawful duties.
E. The possession of any open container containing
any alcoholic beverage by any person or persons engaged
in picking up empty beverage 'containers . solely. for the
purpose of collecting the deposit or value of such con-
tainers.
F. The possession of any open containers containing
any alcoholic beverage by any person or persons partici-
pating in a litter control or pick up program.
G. The exceptions stated herein shall apply to only
possession and transportation of alcoholic beverages
and open containers, and not to drinking or consuming
alcoholic beverages. [Ord. No. 21-87, § 1, 21 Jul 87;
Ord. No. 27-87, § 3, 8 Oct 87]
Sec. 737.09 Penalty. Any person violating any of
the provisions of this chapter shall be punished as
provided in Sec. 801.03. [Ord. No. 21-87, 9 1, 21 Jul
87]
CHAPTER REVISED
2 NOV 89
§ 737.11 ALCOHOLIC BEVERAGE § 737.11
OPEN CONTAINER REGULATIONS
Sec. 737.11 Signage. The City of Cape Canaveral
shall post and maintain appropriate signage at all en-
trances to the City of Cape Canaveral warning of the
enforcement of this Chapter. Failure of a person ac-
cused of violating this Chapter to observe such
warning, or failure of the City of Cape Canaveral to
have such signage properly posted at the time of the
alleged offense, shall not constitute a defense of the
enforcement of this Chapter. [Ord. No. 27-87, § 4, 8
Oct 87]
CHAPTER REVISED
2 NOV 89
§ 801.01 PENALTIES § 801.05
CHAPTER 801
PENALTIES
Sec. 801.01 Penalty. Anyone convicted in a court of
competent jurisdicti 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 jurisdict not 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 jurisdict on 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]