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Home My WebLink AboutCity Code Book-Updated Due to Publication of Land Dev. Regulations:Adopted 1/90DO NOT DESTROY - KEEP AS A REFERENCE COPY MASTER COPY OF CITY OF CAPE CANAVERAL CODE EI OF ORDINANCES BOOK IN t ECT UNTIL , 4; NEW CITY CODE AS RECODIFIEDMUNICIPALTIVE Y94 ODE CORPORATION BECAME El Faith G. Miller, _CMC%AAE City Clerk May 3, 1994 Lancl Zkvio ,ne,vi 6,90 �at,'ahs a haper CAdnie3 %J16101 �o �fy Code 1866K CC3B CITY CODE BOOK —UPDATED DUE TO PUBLICATION OF LAND DEV. - _ _ _ _ _ —. w .. w . w rail r% r % A !MA 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 41.9 353 608 621 602 601 615 411 231 619 253 626 703 614 677 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 City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 June 28, 1990 MEMORANDUM FROM: Janet S. Leeser, City Clerk RE: UPDATING CITY CODE BOOK BECAUSE OF PUBLICATION OF LAND DEVELOPMENT REGULATIONS The City of Cape Canaveral has recently published their Land Development Regulations (LDR). Several Code Chapters that were formerly in the City Code Book are published in the. new LDR. These Code Chapters (listed below) need to be removed from the Code Book and destroyed: Chapter 257 Planning and Zoning Chapter 261. Local Planning Agency Chapter 265 Code Enforcement Board Chapter 501 Streets Chapter 503 Subdivision of Land Chapter 535 Sewer Impact Assessment Chapter 537 Impact Fees Chapter 547 Building Permit and Development Fees Chapter 611 Building Code Chapter 620 Standard Unsafe Building Abatement Code Chapter 624 Flood Damage Prevention Chapter 625 Standard Excavation and Grading Code Chapter 651 Beach and Dunes Chapter 652 Aesthetic Regulations Chapter 653 Sign Code Chapter 655 Birds Protected Chapter 657 Tree Protection Chapter 673 Garbage & Trash. Removal Chapter 675 Litter and Waste Chapter 683 Off -Roadway Regulations Chapter 685 Parking Regulations Chapter 713 Spill -Over Lighting Control Please do not hesitate to call if you have any questions. . THE CITY OF CAPE CANAVERAL SUPPORTS RECYCLING PRINTED ON RECYCLED PAPER MEMORANDUM FROM: RE: City of Cape Canaveral. 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407/783-1100 FAX 407/799-3170 September 12, 1991 Janet S. Leeser, City Clerk REVISIONS TO CITY CODE Attached please find the revisions to the City of Cape Canaveral Code (Blue Book) which have been adopted by the City Council since January 1990. Listed below are the steps you need to take to update your copy of the Code Book: 1. Remove and destroy Code Outline (5 pages) and replace with Contents (1 page). 2. Remove and destroy entire Chapter 613, Standard Plumbing Code, (one page) and replace with new page. [Ord. No. 8-9.0, 6 Mar 90] 3. Remove and destroy entire Chapter 614, Standard Mechanical Code, (one page) and replace with new page. [Ord. No. 9-90, 6 Mar 90] 4. Remove and destroy entire Chapter 615, Standard Gas Code, (one page) and replace with new page. [Ord. No. 10-90, 6 Mar 90] 5. Remove and destroy Section 617.01-Section 617.17 of the Electrical Code (one page) and replace with new page. [Ord. No. 7-91, 7 May 91] 6. Remove and destroy entire Chapter 619, Standard Housing Code, (one page) and replace with new page. [Ord. No. 11- 90, 6 Mar 90] PRINTED ON RECYCLED PAPER REVISIONS TO CITY COD September 12, 1991 page 2 7. Remove and destroy entire Chapter 621, Fire Prevention Code, (one page) and replace with new page. [Ord. No. 12-90, 6 Mar 90] 8. Remove and destroy entire Chapter 622, Land Clearings and Land Clearings Burnings (one page). [Repealed by Ord. No. 22-90, 15 May 90] 9. Remove and destroy entire Chapter 626, Life (one page) and replace with new page. [Ord. Mar 90; Ord. No. 3-91, 19 Feb 91] 10. Insert new Chapter 659, Sea Turtle Protection, appropriate place. [Ord. No. 24-90, 5 Jan 90] 11. Safety Code, No. 13-90, 6 (4 pages) in Remove and destroy entire Chapter 671, Sewer Service, pages). [This chapter now incorporated in the Development Regulations.] ( four Land 12. Remove and destroy entire Chapter 701, Animals Controlled, (one page) and replace with new page. [Ord. No. 4-91, 19 Feb 91] Upon completion of these steps, your Code Book will be up-to-date. Please do not hesitate to call me at 868-1221 if you have any questions regarding these revisions. net S. Lees r , City Clerk rk Attachments MEMORANDUM FROM:. RE: City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 January 31, 1990 Janet S. Leeser, City Clerk REVISIONS TO CITY CODE Attached please find the revisions to the City of Cape Canaveral Code of Ordinances which were adopted during the past several months. Listed below are the steps you need to take to update your copy of the Code Book: 1. Remove and destroy Article III of the Cape Canaveral Charter (one page) and replace with new page. [Ord. No. 14- 89, 17 Oct 89] 2. Remove and destroy Article XVII, Section 10 of the Cape Canaveral Charter, Competitive Bidding Required (3 pages) and replace with three new pages. [Ord. No. 17-88, 6 Dec 88] 3. Remove and destroy entire Chapter 231, General Organization (three pages) and replace with new Chapter (4 pages). [Ord. No. 11-89, 14 Sep 89] 4. Insert new Section 501.07, Civil Liability for Damage to Municipal Streets (one page) in the appropriate place. [Ord. No. 9-89, 15 Aug 89] 5. Remove and destroy entire Chapter 547, Building Permit and Development Fees (3 pages) and replace with new Chapter (one page). [Resolution No. 87-42, 18 Sep 87] REVISIONS TO CITY CODE January 31, 1990 Page 2 6. Insert new Chapter 602, Fireworks Regulations (2 pages) in the appropriate place. [Ord. No. 1-89, 21 Feb 89] 7. Remove and destroy entire Chapter 637, Alcoholic Beverage Open Container Regulations (2 pages). [Erratta Sheet, 2 Nov 89] 8. Remove and destroy Section 653.20 through Section 653.31 of the Sign Code (6 pages) and replace with new sections (7 pages). [Ord No. 7-89, 1 Aug 89] 9. Insert new Chapter 654, Alarm Systems (3 pages) in the appropriate place. [Ord. No. 18-89, 2 Jan 90] 10. Remove and destroy Section 671.03 Rates (one page) and replace with new page. [Ord. No. 2-89, 7 Feb 89] 11. Remove and destroy Section 673.03(D) through Section 673.13 of Garbage and Trash Removal (2 pages) and replace with two new pages. [Ord. No. 16-89, 17 Oct 89] 12. Remove and destroy entire Chapter 701, Animals Controlled (one page) and replace with new page. [Ord. No. 13-89, 4 Oct 89] 13. Insert new Chapter 737. Alcoholic Beverage Open Container Regulations (2 pages) in the appropriate place. [Errata Sheet, 2 Nov 89] J et S. Leeser C ty Clerk JSL/at Enclosure City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 November 28, 1988 MEMORANDUM FROM: RE: City Clerk REVISIONS TO CITY OF CAPE CANAVERAL CODE OF ORDINANCES Attached please find recent revisions to the City of Cape Canaveral Code of Ordinances. Listed below are the steps you need to take to update your copy of the Code Book: 1. Remove and destroy Article XV, Section 1, of the Cape Canaveral Charter, Creation of Department of Public Works (one page) and replace with new page [Amended by Ord. No. 29-87, 20 Oct 87] 2. Remove and destroy Article XVII, Section 4, of the Cape Canaveral Charter, Public Hearing on Budget Required (one page) and replace with new page. [Amended by Ord. No. 28-87, 20 Oct 87] 3. Remove and destroy §231.51 through §231.121 of Chapter 231, General Organization (one page) and replace with new page [Amended by Ord. No. 30-87, 20 Oct 87] 4. Remove and destroy entire Chapter 265, Code Enforcement Board (3 pages) and replace with new Chapter (4 pages). [Amended by Ord. No. 24-87, 1 Sep 87 and Ord. No. 16-88, 15 Nov 88] 5. Remove and destroy entire Chapter 311, Council Compensation (one page) and replace with new page [Amended by Ord. No. 25-87, 1 Sep 87 and Ord. No. 7-88, 7 Jun 88] 1,2 6. Remove and destroy §617.01 through §617.<0.3 of Chapter 617, Electrical Code (o- page) and replace withnew page [Amended by Ord. No. 32-87, 1 Dec 87] •• REVISIONS TO CITY OF CAPE CANAVERAL CODE OF ORDINANCES November 28, 1988 Page 2 7. Remove and destroy entire Chapter 637, Alcoholic Beverage Open Container Regulations (one page) and replace with new Chapter (two pages. [Amended by Ord. No. 27-87, 8 Oct 87] 8. Insert new Chapter 652, Aesthetic Regulations (5 pages) in appropriate place. [Adopted by Ord. No. 10-88, 6 Sep 88] 9. Remove and destroy §653.20 through §653.21 of Chapter 653, Sign Code (one page) and replace with new page [Amended to correct typo] 10. Remove and destroy entire Chapter 672, Utilities Deposit (one page.) and replace with new Chapter (one page). [Amended by Ord. No. 11-88, 6 Sep 88] 11. Remove and destroy §673.01 through §673.02 of Chapter 673, Garbage and Trash Removal (one page) and replace with new page [Amended by Ord. No. 33-87, 1 Dec 87] jl MEMORANDUM FROM: City Clerk RE: City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 August 17, 1987 REVISIONS TO CITY OF CAPE CANAVERAL CODE OF ORDINANCES Attached please find recent revisions to the City of Cape Canaveral Code of Ordinances. Listed below are the steps you need to take to update your copy of the Code Book: 1. Remove and destroy entire Chapter 205, Purchasing Procedures. [Amended by Ord. No. 18-87, 2 June 87 and kept in manual form in Clerk's office] 2. Remove and destroy §503.03(B) through §503.07(A) (one page) of Chapter 503, Subdivision of Land, and replace with new page. [Amended by Ord. No. 16-87, 19 May 87] 3. Remove and destroy §535.01 (Institutional) through §535.06 (two pages) of Chapter 535, Sewer Connection Assessment, and replace with three new pages. [.Amended by Ord. No. 17-87, 16 Jun 87] 4. Remove and destroy entire Chapter 606, Regulations for City Parks and Beaches (one page) and replace with new Chapter (one page). [Amended by Ord. No. 28-86, 6 Nov 86] 5. Remove and destroy entire Chapter 610, Abandoned Property, Junk, Junk Vehicles; Supplemental Procedures for Removal and Disposal, and replace with new Chapter 610, Abandoned Property (3 pages). [Amended by Ord. No. 32-86, 18 Nov 86 and Ord. No. 22-87, 4 Aug 87] 6. Remove and destroy entire Chapter 611, Building Code, and replace with new Chapter (7 pages). [Amended by Ord. No. 34-86, 16 Dec 86 and Ord. No. 14-87, 5 May 87] REVISION TO CODE OF ORD August 17, 1987 Page 2 INANCES 7. Remove and destroy. entire Chapter 624, Flood Damage Prevention, and replace with new Chapter (11 pages). [Amended by Ord. No. 6-87, 17 Mar 87] 8. Insert new Chapter 637, Alcoholic Beverage Open Container Regulations, in appropriate place. [Adopted by Ord. 21-87, 21 Jul 87] 9. Remove and destroy §673.11 through §673.13 (3 pages) of Chapter 673, Garbage and Trash Removal, and replace with new §673.11through §673.13 (2 pages). [Pages amended to delete fee schedule established by Resolution] 10. Remove and destroy entire Chapter 675, Litter and Waste, and replace with new Chapter (4 pages). [Amended by Ord. No. 33-86, 18 Nov 86] 11. Remove and destroy entire Chapter 721, Occupational Licenses., andreplace with new Chapter (16 pages). [Amended by Ord. No. 19-87, 21 Jul 87] anet S. Leeser City Clerk. City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 October 31, 1986 MEMORANDUM FROM: City Clerk TO: REVISIONS TO CITY CODE Attached please find the revisions to the City of Cape Canaveral Code of Ordinances which were adopted during the past several months.." Listed below are the steps you need to take to update your copy of the Code Book: 1. Remove and destroy §503.07(5) through §503.08 of Chapter 503, Subdivision of Land, (two pages) and replace with two new pages. [Amended by Ord. No. 7-86, §1, 18 Mar 1986] 2. Remove and destroy §503.09(s) through §503.10 of Chapter 503, Subdivision of Land, (one page) and replace with new page. [Amended by Ord. No. 7-86, §1, 18 Mar 19861 3. Remove and destroy entire Chapter 611, Building Code, (one page) and replace with new Chapter 611 (six pages). [Amended by Ord. No. 4-86, §1, 27 Feb 1986; Ord. No. 10-86, §1, 15 Apr 1986; Ord. No. 21-86, §1, 19 Aug 1986] 4. Remove and destroy entire Chapter 613, Plumbing Code, (one page) and replace with new Chapter 613 Standard Plumbing Code (one page). [Amended by Ord. No. 5-86, §1, 4 Mar 1986] 5. Remove and destroy entire Chapter 614, Mechanical Code, (one page) and replace with new Chapter 614 Standard Mechanical Code (one page). [Amended by Ord. No. 5-86, §2, 4 Mar 1986] REVISIONS TO CITY CODE October 31, 1986 Page 2 6. Remove and destroy entire Chapter 615, Gas Code, (one page) and replace with new Chapter 615, Standard Gas Code (one page) [Amended by Ord. No. 5-86, §3, 4 Mar 1986] 7. Remove and destroy entire Chapter 617, Electric Code (one page) and replace with new Chapter 617, Electrical Code (three pages). [Amended by Ord. No. 6-86, §1, 1 Apr 1986] 8. Remove and destroy entire Chapter 619, Housing Code (one page) and replace with new Chapter 619, Standard Housing Code (one page). [Amended by Ord. No. 5-86, §4, 4 Mar 1986] 9. Remove and destroy entire Chapter 620, Standard Code for the Elimination or Repair of Unsafe Buildings (one page) and replace with new Chapter 620, Standard Unsafe Building Abatement Code (one page). [Amended by Ord. No. 5-86, §5, 4 Mar 1986] 10. Remove and destroy entire Chapter 621, Fire Prevention Code (one page) and replace with new Chapter 621 (one page). [Amended by Ord. No. 5-86, §6, 4 Mar 1986] 11. Remove and destroy entire Chapter 625, Standard Excavation and Grading Code (one page) and replace with new Chapter 625 (one page). [Amended by Ord. No. 5-86, §7, 4 Mar 1986] 12. Remove and destroy entire Chapter 627, Standard Swimming Pool Code (one page) and replace with new Chapter 627 (one page). [Amended by Ord. No. 5-86, §8, 4 Mar 1986] 13. Remove and destroy entire Chapter 628, Standard Amusement Device Code (one page) and replace with new Chapter 627 (one page). [Amended by Ord. No. 5-86, §9, 4 Mar 1986] 14. Remove and destroy §653.17 through §653.19 (one page) of Chapter 653, Sign Code, and replace with new page. [Amended by Ord. No. 16-86, §1, 5 Aug 1986] 15. Remove and destroy §671.04 through §671.19 (two pages) of Chapter 671, Sewer Service and replace with §671.04 through §671.20 (three pages). [Amended by Ord. No. 25-86, §2, 16 Sep 1986] REVISIONS TO CITY CODE October 31, 1986 Page 3 16. Remove and destroy entire Chapter 701, Animals Controlled (eight pages) and replace with new Chapter 701 (one page). [Amended by Ord. No. 11-86, §1, 15 Apr 1986] 17. Remove and destroy entire Chapter 713, Spill -over Lighting Control (one page) and replace with new Chapter 713 (one page). [Amended by Ord. No..8-86, §1, 18 Mar 1986] 18. Insert new Chapter 722, Adult Entertainment Code (nineteen pages) in the appropriate place. [Adopted by Ord. No. 18-86, §1, 19 Aug 1986) ,19. Remove and destroy Chapter 725, Taxi Regulations (ten pages). [Repealed by Ord. No. 15-86, §1, 5 Aug 1986] 3.1 J&1et S. Leeser. City Clerk JSL:eag Attachment City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 February 28, 1986.. FROM: City Clerk RE: REVISIONS TO CITY CODE Attached please find the revisions to the City of Cape Canaveral Code of Ordinances which were adopted during the past several months. Listed below are the steps you need to take to update your copy of the Code Book: 1. Remove. and destroy Article XIV of the Cape Canaveral Charter, Fire Department, (one page) and replace with new page. Insert Cape Canaveral Charter, Appendix "A" (one. page) at the end of the Charter (before Chapter 201). [Article XIV amended by referendum vote on 5 Nov 85] 2. Remove and destroy §253.01 through §253.07 of Chapter 253, Library Board, (one page) and replace with new page. [Amended by Ord. No. 2-86, 4 Feb 86] 3. Remove and destroy §535.01 through §535.04 of Chapter 535, Sewer Impact Assessment, (two pages). and replace with new pages. [Amended by Ord. No. 34-85, 2 Jul 85] 4. Insert new Chapter 537, Impact Fees, (one page) in the appropriate place. [Adopted by Ord. No. 19-85, 2 Apr 85; amended by Ord. No. 23-85, 7 May 85 and Ord. No. 28-85, 21 May 85] Revisions to City Code February 28, 1986 Page 2 5. Remove and destroy entire Chapter 622, Land Clearings Burings, (one page) and replace with new Chapter 622, Land Clearings and Land Clearings Burings. (Amended by Ord. No. 26-85, 21 May 85] 6. Remove and destroy §623.01 through §623.05.of Chapter 623, Special Inspector - Threshold Buildings, (one page) and replace with new page. [Amended by Ord. No. 44-85, 15 Oct 85] 7. Remove and destroy the last three pages of Chapter 624, Flood Damage Prevention, and replace with §624.04 through §624.05 (2 pages). [Amended by Ord. No. 20-85, 16 Apr 85] 8. Remove and destroy §671.01 through §671.12 of Chapter 671, Sewer Service, (2 pages) and replace with new pages. [Amended by Ord. No. 32-85, 18 Jun 85] 9. Remove and destroy §673.11 and §673.12 of Chapter 673, Garbage and Trash Removal, (one page) and replace with new page. [Amended by Resolution No. 85-27, 7 May 85] 10. Remove and destroy §703.01 through §703.07 of Chapter 703, Lot Clearing, (one page) and replace with new page. [Amended by Ord. No. 25-85, 21 May 85] 11. Remove and destroy entire Chapter 711, Noise Abatement, (two pages) and replace with new Chapter 711, Noise Regulations. [Amended by Ord. No. 33-85, 16 Jul 85] 12. Remove and destroy §733.01 through §733.05 of Chapter 733, Alcoholic Beverage Sale Regulations, (one page) and replace with new page. [Amended by Ord. No. .45-85, 5 Nov 85] If you have any questions about these revisions, or how they are to be placed in your Code Book, do not hesitate to call. JFnet S. Leeser City Clerk CITY OF CAPE CANAVERAL CODE OF ORDINANCES OCTOBER 26, 1 9 8 1 2 N D PRINTING JANUARY 17, 1984 TITLE I. TITLE II. A. General CITY OF CAPE CANAVERAL CODE OUTLINE CREATION, ALTERATION, EXISTENCE & DISSOLUTION (100 - 199) [City Charter included for reference] GOVERNMENT & ADMINISTRATION (200 - 299) Chapter 201 Records Ord. No. 3-69, 20 May 69 Chapter 203 Uniform Public Records Procedure Ord. No. 30-73, 17 Jul 73 a/a/b* 18-75, 5 Aug 75 a/a/b 7-76, 13 Apr 76 Chapter 205 Chapter 207 B. Elections Chapter 211 C. City Organization Chapter 231 D. Bodies Established Chapter 251 Chapter 253 *as amended by Purchasing Procedure Ord. No. 27-74, 1 Oct 74 opd . no. lg- $g lo Dec - Personal Property Control Ord. No. 28-74, 15 Oct 74 Election Procedure Ord. No. 20-72, 21 Nov 72 a/a/b 11-74, 21 May 74 a/a/b 1-75, 4 Mar 75 a/a/b 5-79, 20 Mar 79 a/a/b 10-82, 18 May 82 l8'-E5, igmar 85 General Organization Ord. No. 33-73, 18 Sep 73 a/a/b 5-77, 19 Apr 77. a- Sys 2, Fe,6 91 Beautification Board Ord. No. 11-68, 5 Nov 68 ad -Pi /,'Join g.5 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 i OL- T INE REVISED 17 JAN 84 CITY OF CAPE CANAVERAL CODE OUTLINE Chapter 255 Chapter 257 Chapter 259 Chapter 261 Chapter 263 Chapter 265 E. Procedures of Bodies Chapter 271 TITLE III. A. General Recreation Board Ord. No. a/a/b a/a/b a/a/b a/a/b Planning & Ord. No. PAGE 2. 64-24, 18 Aug 64 64-24A, 16 Mar 65 64-24B, 21 Sep 65 15-77, 16 Aug 77 15-79, lr Sepp rV Zoning Boardun SS 53-73, 3 Jan 74 Board of Adjustment Ord. No. 7-72, a/a/b 21-73, Repealed 34-74, 5 Jul 72 3 Jul 73 4 Feb 75 Local Planning Agency Ord. No. 14-76, 6 Jul 76 a/a/b 11-78, 9 May 78 1.7-F6 /9 Mat-7s 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 Code Enforcement Board Ord. No. 22-83, 1 Nov 83 / -Bs /' Feb g.5 Council Procedures Ord. No. 5-73, 3 a/a/b 21-73, 3 a/a/b 44-73, 13 a/a/b 35-74, 7 a/a/b 16-75, 10 a/a/b 15-76, 27 a/a/b 3-80, 19 a/a/b 2-82, 2 OFFICERS, AGENTS & EMPLOYEES (300 - 399) Chapter 301 Apr Jul Nov Jan Jun Jul Feb Feb 73 75 73 75 75 76 80 82 Reimbursement 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 OU2LINE PAGE 3. B. Officers C. Chapter 311 Council Compensation Ord. No. 14-73, 3 Apr 74 Chapter 333 Employees Chapter 351 TITLE IV. Chapter 353 Chapter 361 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, a/a/b 24-73, a/a/b 14-75, a/a/b 9-79, /a-sv Employee Insurance Ord. No. 17-63, 3 Nov 70 17 Jul 73 10 Jun 75 19 Jun 79 /9 3un g y 9 Jul 63 Administrative Review Ord. No. 24-73, a/a/b 9-79, a/a/b 4-82, Y epPu /ed PROPERTY & CONTRACTS (400 - 499) A. Franchise Agreements 17 Jul 73 19 Jun 79 16 Mar 82 /tJvn Py 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 a/a/b 16-79, 18 Chapter 417 Water Service Ord. No. 38-64, 21 a/a/b 6-83, 5 Chapter 419 2h wlah tiff i For C ►�y r Y' 3- df6 c-e_ Sep 64 Sep 79 Sep 64 Apr 83 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. A. General PUBLIC IMPROVEMENTS, UTILITIES & SERVICES (500 - 599) 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 3-D5 7=gL1 / IayYy B. Improvement Financing lvu m b e r i ,tf Jell 7 6- akt -J Chapter 533 Storm Drainage Ord. No. 15-66, 7 Jun 66 a/a/b 6-67, 17 Oct 67 Chapter 535 3C. Finance of Services Chapter 541 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] h1. O c 1' t'S (fl r e.) Utility Tax Ord. No. 64-10, 28 Apr 64 a/a/b19-71, 7 Dec 71 a/a/b 18-82, 21 Sep 82 Chapter 543 Court,Assessment Ord. No. 27-73, 17 Jul 73 a/a/b 11-82, 6 Jun 82 Chapter 545 Excise Tax on Insurance Ord. No. 9-72, 5 Jul 72 Repealed 2-79, 16 Jan 79 Chapter 547 Building Petmit& 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 I CITY OF. CAPE CANAVERAL CODE OUTLINE PAGE 5. Chapter 549 Chapter 551 Property Tax Ord. No. 25-72, 2 Jan 73 Repealed 12-81, 18 Aug 81 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 Clio Chapter 613 Chapter 614 Chapter 615 G5I Chapter 617 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 Sod-Fx;5hn5 �c :nS Gc,ae (ord. .gg31 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 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 Gas Code Ord. No. 3-72, 18 Apr 72 a/a/b 13-82, 7 Sep 82 Rsae de Electric Code Ord. No. 3-72, 18 pr 72 Chapter 618 Florida Solar Energy Standards Ord. No. 10-81, 7 Jul 81 Chapter 619 Chapter 620 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 Standard Code for the Elimination or Repair of Unsafe Buildings Ord. No. 13-82, 7 Sep 82 Chapter 621 Fire Prevention Code Ord. No. 1-69, 15 Apr 69 a/a/b 12-73, 1 May 73 a/a/b 20-77, 3 Jan 78 a/a/b 13-82, 7 Sep 82 a/a/b 11-83, 3 May 83 Chapter 622 Chapter 623 Land Clearing Burnings Ord. No. 10-80, 19 Au. 80 Special Inspector hxeshold Buildings Ord. No. 27-83, 17.Jan 84 b --Tzt 3 it r &ot44 ." ' OUTLINE REVISED 17 JAN 84 CITY OF CAPE CANAVER1L 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 6,24 Chapter 627 Chapter 628 �aq 2. Comprehensive Plan Chapter 630* Comprehensive Ord. No. C_Od. No. 3. Zoning Regulations Standard Excavation & Grading Code Ord. No. 3-76, 9 Mar 76 a/a/b 13-82, 7 Sep 82 L/fe .Sa{c/y C'acie (Ora/ No- v-Py, 319,rAD Standard Swimming Pool Code Ord. No. 13-76, 1 Jun 76 a/a/b 13-82, 7 Sep 82 Standard Amusement Device Code Ord. No. 13-82, 7 Sep 82 4/a fi d na / Fr t /erg dt n�i o 7'. C'a de. S--Ty 3h rgy Plan 6-80, 1 Apr 80 9-80, 22 Jul 80 89 —� Chapter 631* Zoning Ordinance Ord. No. 2-83, 15 Feb 83 O }Nu i ks„si b-erS 11elf- C. — Otit 20Ai>1 4. Land Use Regulations Chapter 651 Beach and Dunes Ord. No. 13-62, 4 a/a/b 14-72, 19 Chapter 653. Chapter 655 Chapter 657 Dec Sep Sign Ordinance No Ord. Number 30 Mar a/a/b 18-72, 3 Oct a/a/b 23-73, 3 Jul a/a/b 49-73, 18 Dec a/a/b 21-75, 7 Oct a/a/b 23-77, 3 Jan a/a/b 9-82, 1 Jun a/a/b 21-82, 21 Dec /7-7f G thv Birds Protected Ord. No. 13-71. 3 Aug 71 62 72 65 72 73 73 75 78 82 82 (Ty 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 5. Sanitary Regulations f.e t C S tie, Chapter 671 Sewer Service Chapter 673 Chapter 675 Chapter 677 PAGE 8. Ord. No. 6-66, 15 Feb a/a/b 6-66A, 19 Jul a/a/b 6-66B, 10 Sep a/a/b 6-66C, 20 Sep a/a/b 6-66D, 1 Nov a/a/b 2-67, 21 Feb a/a/b 12-72, 3 Oct a/a/b 31-74, 3 Dec a/a/b 6-75, 22 Apr a/a/b 6-77, 3 May a/a/b 14-79, 4 Sep a/a/b 17-79, 2 Oct a/a/b 22-81, 17 Nov [Also see Chapter 535] J S'-S'L-/ vc/- YY Garbage Ord. No. 9-78, a�- -Y Litter and Waal' Ord. No. 25-73, Mosquito Control Ord. No. 29-64, & Trash Removal 16 May 78 ry mar fS 3 Jul 73 66 66 66 66 66 67 72 74 75 77 79 79 81 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, 7Aug 79 Chapter 683 Off -Roadway Regulations Chapter 685 Ord. No. 64-21, a/a/b 18-73, a/a/b 20-76, a/a/b 6-78, 4 Aug 64 5 Jun 73 5 Oct 76 4 Apr 78 Parking Regulations Ord. No. 22-76, 18 Jan 76 a/a/b 14-82, 17 Aug 82 3-K5 iq /e-b Y$- 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, 20 Oct 70 a/a/b 14-71, 7 Sep 71 a/a/b 16-71, 21 Sep 71 a/a/b 19-74, 18 Jun 74 a/a/b 7-78, 18 Apr 78 a/a/b 12-79, 7 Aug 79 a/a/b 21-81, 17 Nov 81 a/a/b 20-82, 21 Dec 82 a/a/b 20-83, 6 Sep 83 Chapter 703 Lot Clearing Ord. No. 26-83, 3 Jan 84. D. Pollution Control Ch�asp4tesr 711 E. Control and Noise AkatenteR Ord. No. Z-74, 5 Feb 74 7/3 - oi'/J over enl /re i /Ord 2,2-i-V,, Regulation of Business Activities Chapter 721 Occupational Licenses Ord. No. 11-72, 15 Sep 72 a/a/b 23-72, 5 Dec 72 a/a/b 16-81, 15 Sep 81 a/a/b 7-82, 4 May 82 a/a/b 12-83, 3 May 83 7)-d,1-1- L rimer �aih me►,.`� Chapter 723 Special Occupational Permits Ord. No. 21-66, 20 Sep 66 a/a/b 21-74, 16 Jul 74 Chapter 725 Taxi Regulations Ord. No. 9-68, 1 Oct 68 a/a/b 10-76, 11 May 76 a/a/b 18-76, 21 Sep 76 a/a/b 2-77, 1 Mar 77 a/a/b 24-81, 15 Dec 81 a/a/b 3-82, 20 Apr 82 a/a/b 20-82, 4 Jan 83 C ko. fker 7 2(o - um` m. C %5MS. Chapter 727 Public Area Construction Regulations. 'Ord. No. 5-67, 19 Sep 67 a/a/b 8-83, 19 Apr 83 45n0cul (01.6deroki OUTLINE REVISED 17 JAN 84 0 CITY OF CAPE CANAVERAL CODE OUTLINE PAGE 10. Chapter 729 Chapter 733 113q 0) 'tll Prlu'�i^s locoll 0bermsiSF5 (� yn a e ray 6 N' a QY� Chapter 735 F. Enforcement 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, 3 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 of Alcoholic Consumption in a Commercial Establishment Ord. No. 13-83, 7 Jun 83 Repealed 23-83, 1 Nov 83 and Penalties Chapter 801 Penalties Ord. No. 15-75, 27 May 75 OUTLINE REVISED 17 JAN 84 CITY OF CAPE CANAVEPAL CHARTER INDEX CITY OF CAPE CANAVERAL CHARTER ART. I Index § 1 Present Municipal Corporation Abolished § 2 New Municipal Corporation Incorporated; City Boundaries Defined § 3 Sovereignity § 4 Form of Government § 5 Reorganization of Officers ART. II GENERAL POWERS § 1 Extension of General Powers ART. III. ELECTED OFFICERS, QUALIFICATIONS AND TERMS § 1 Qualifications of Mayor and Councilmen § 2 Appointed Officers § 3 Compensation of Officers § 4 Vacancies in Elected Offices ART. IV THE MAYOR, POWERS AND DUTIES § 1 Duties of Mayor § 2 Additional Duties § 3 Election of Mayor ART. V THE CITY COUNCIL, ORGANIZATION AND POWERS § 1 Meetings § 2 Rules of Procedure § • 3 Quorum § 4. Election of Mayor and Mayor Pro Tem ART. VI CITY MANAGER § 1 Appointment ART. VII CITY ATTORNEY § 1 Qualifications § 2 Duties § 3 Compensation ART. VIII CITY CLERK § 1 Appointment and Duties INDEX ART. IX § 1 2 § CITY OF CAPE CANAVERAL CHAREER Index CITY TAX ASSESSOR Appointment and Duties Assessing Property 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 S 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 CITY OF CAPE CANAVERAL CHARTER Index ART. XVI BOARDS AND AGENCIES § 1 Department of Public Health § 2 Zoning and Planning Board § 3 Recreation Board § 4 Recommendations ART. XVII GENERAL FINANCE PROVISIONS, BUDGET AUDIT AND PURCHASING § 1 Fiscal Year § 2 Budget Committee § 3 General Budget Requirements § 4 Public Hearing on Budget Required § 5 Adoption of Budget § 6 Expenditures Limited to Budget § 7 Quarterly Review of Budget Required § 8 Deposit of City Money and Security Required § 9 Annual Audit Required § 10 Purchasing ART. XVIII REVENUE AND TAXATION § 1 Property Subject to Taxation § 2 Tax Year Established - Tax Notices § 3 Taxes are Lien on Real and Personal Property § 4 City Council to Fix and Levy Taxes § 5 City Council to Fix and Establish Licenses and Occupational Taxes § 6 Limitation on Real Property Taxes § 7 Board of Equalization Established § 8 Omitted Property may be Back Taxed § 9 Certification of Assessment Rolls ART. XIX COLLECTION OF DELINQUENT TAXES § 1 Delinquent Tax Notice to be Posted § 2 Delinquent Tax Notice to be Published § 3 Sale of Tax Liens § 4 Tax Collector's Certificate of Sale § 5 Form of Tax Sale Certificate Issued to Purchaser § 6 Recording of Tax Sale Certificates § 7 Issuance of Duplicate Tax Sale Certificates § 8 Transfer of Tax Sale Certificates § 9 Redemption of Tax Sale Certificates § 10 Redemption of Tax Lien Property § 11 Redemption Receipts § 12 Disposal of City -Owned Tax Certificates Index CITY OF CAPE CANAVERAL CHARTER Index § 13 Purchase of City -Owned Tax Certificates at any Time § 14 Tax Deeds of City § 15 Notice of Application for Tax Deed § 16 Filing of Proof of Publication of Notice § 17 Mailing of Notice of Tax Deed Application to Owner § 18 Notice to other Persons on Request § 19 Time of Application for Tax Deed § 20 Deadline of Redemption § 21 Land Sold at Public Auction § 22 Property Purchased by Other than Certificate Holders § 23 Unclaimed Tax Sale Funds § 24 Tax Deed Form § 25 Disposing of City -Owned Tax Deeds Land § 26 Limitation on Suits to Recover Lands Sold for Taxes § 27 Foreclosure of Tax Sale Certificates § 28 Final Decree § 29 Sale of Land to City in City Foreclosures § 30 Master's Deed § 31 Sale of City -Owned Land Obtained by Foreclosure § 32 Tax Sale Certificates Validated § 33 Tax Sale Certificates Evidence § 34 Illegal Tax Sale Certificates § 35 Fees to Tax Collector and Clerk § 36 State Statutes Applicable ART. XX FINANCING PUBLIC IMPROVEMENTS § 1 Bonds Authorized § 2 Taxation for Bond Payment § 3 Revenue Bonds Authorized for Public Improvements § 4' Revenue Bonds Authorized for Public Utilities § 5 Freeholders Election Required for General Obli- gation Bonds § 6 No Election Required for Revenue Bonds § 7 Bond Election for Multiple Improvements § 8 Signing Bonds § 9 Bond Resolution or Ordinance Required § 10 Sale of Bonds § 11 Conflict of Interest § 12 Refunding of Bonds § 13 Temporary Borrowing by City ART. XXI ELECTIONS § 1 Rules Prescribed by Ordinance Index CITY OF CAPE CANAVERAL CHARTER ti 2 Voters Qualifications, Method of Handling Elections § 3 Deleted, § 4 Deleted § 5 Deleted § 6 Deleted § 7 Registration Fee § 8 Arranagements for Elections § 9 Voting Hours and Results § 10 Recall of Elected Officers § 11 Reasons for Recall § 12 Initiative Petition for Ordinance § 13 Filing of Initiative Petition § 14 Procedure on Initiative Petition § 15 Petition Effect on Pending Ordinance § 16 Referendum Ballot Form § 17 Repeal of Ordinances Adopted by Referendum § 18 City Attorney to Draft Ordinances § 19 Filing Fees Index 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 Nepotism § 9 Gender § 10 Continuance of Officers and Ordinances § 11 Freedom from Tort Liabilities § 12 Notice of Damage Claim Required § 13 Benefit from Contracts Prohibited § 14 This Bill to take Effect Immediately Art. I CAPE CANAVERAL CHARTER HOUSE BILL NO. 16-7 AN ACT TO ABOLISH THE PRESENT MUNICIPALITY OF THE CITY OF CAPE CANAVERAL IN BREVARD COUNTY, FLORIDA, AND TO CREATE, ESTABLISH AND ORGANIZE A MUNICIPALITY TO BE KNOWN AND DESIGNATED AS THE CITY OF CAPE CANAVERAL, TO BE LOCATED IN BREVARD COUNTY, FLORIDA; TO DEFINE ITS BOUNDARIES; TO PROVIDE FOR AND PRESCRIBE ITS GOVERNMENT, JURISDICTION, POWERS, DUTIES, FRANCHISES AND PRIVLEDGES; TO AUTHORIZE THE IMPOSI- TION OF PENALTIES FOR THE VIOLATION OF ITS ORDINANCES; TO RATIFY, VALIDATE AND CONFIRM THE LEVIES OF TAXES MADE BY THE CITY OF CAPE CANAVERAL AND TO PROVIDE FOR THE COLLECTION, LIEN AND ENFORCEMENT OF THE SAME; AND TO PROVIDE THAT THE TITLES, RIGHTS AND OWNERSHIPS OF PROPERTY, UNCOLLECTED TAXES, DUES, CLAIMS, JUDGE- MENTS, DECREES, CHOSES IN ACTION, AND OTHER PROPERTIES AND ALL POWERS HELD OR OWNED BY THE CITY OF CAPE CANAVERAL SHALL BE VESTED IN THE CITY OF CAPE CANAVERAL HEREBY CREATED. Art. I BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: ARTICLE I Sec. 1 The present municipal corporation of the City of Cape Canaveral in Brevard County, Florida, is hereby abolished. Sec. 2 Incorporation City of Cape. Canaveral. That a municipal corporation under and by the name of the City of Cape Canaveral is hereby created, organized and estab- lished in the County of Brevard and in the State of Florida, which said City shall embrace, include and have jurisdiction over all that territory in Brevard County, Florida, des- cribed as follows: The tract of land situated in Sections 14, 15, 22, 23, 26 and 27 of Township 24 South, Range 37 East and being all of that land lying south of the South limits of the Cape Canaveral Missile Test Annex extended westerly to the center line of the established ship Art. I CAPE CANAVERAL CHARTER Art. I channel in the Banana River, and extended easterly to a point in the Atlantic Ocean 1,000 feet east of the mean high water line of the Atlantic Ocean, and north of a line described as follows: Beginning at the in- tersection of a westerly extension of the South line of Lot 21 in Banana River Estates, as recorded in Plat Book 10, page 1, of the Public Records of Brevard County* and the center line of the established channel of Banana River; thence along such westerly extension and the South line of Lot 21 in an easterly direction to the westerly right- of-way line of Palm Avenue (SR No. 401); thence continue along the easterly extension of the last described line to the East right- of-way line of Palm Avenue (SR No. 401); thence northerly along the East right-of-way line of said Palm Avenue (SR No. 401) approx- imately 2,440 feet to a point in the middle of Block 73, in the Avon -By -The -Sea sub- division which is the point separating Lot 1 and Lot 9 in said Block 73, thence easterly along the rear line of the lots in Blocks 73, 74, 75 and 76, being the blocks bounded on the North by Johnson Avenue and on the South by Grant Avenue to the intersection of this line with the mean high water line of the Atlantic Ocean, thence East 1,000 feet to the East boundary line hereinafter set forth; and bounded on the West by the center line of the established ship channel in the Banana River, and on the East by a line parallelling the shoreline and 1,000 feet East of the mean high water line of the Atlantic Ocean; ex- cepting the lands owned by the Canaveral Port Authority and/or any additional Government- owned lands as of January 12, 1962, and in- cluding all litteral and riparian rights pertaining thereto. Sec. 3 Sovereignity. That said corporation shall have perpetual succession and by the name of the City may sue, be sued and defend, plead and be impleaded.in all courts and places and in all matters and proceedings; may have and use a. common seal, and alter the same at pleasure; *Additionally lots 13 through 20 inclusive, Banana River Estates as recorded in Plat Book 10, page 1, of Brevard County Public Records. [Resolution No. 73-48] Art. I CAPE CANAVERAL CHARTER Art. I may aquire by gift, grant, devise, bequest, purchase or in any other manner, similar or dissimilar, receive, own, lease, hold, use and enjoy, or sell and dispose of, real property or any interest therein within or without the said municipality; may take by devise, bequest, gift, donation or otherwise any real property, within or with- out the territorial limits of said municipality, in trustfor public, charitable, or other purposes, and do all acts and things necessary or appropriate to effectuate such trust, with power to manage, sell, lease, or other- wise dispose of said property in accordance with the terms of said trust; may use any of said real property, whether within or without the territorial limits of said munici- pality for parks, playgrounds, roads, disposal plants, waterworks, electric light plants, ice plants, gas plants, and the erection, maintenance and operation of municipal buildings, works and constructions of every kind and character, including municipal offices, schools, court- house, fire and police stations, houses of detention and correction, hospitals, infirmaries, asylums, dispensaries, wharves, docks, toll bridges and markets, lighting and power plants and waterworks, to supply light power and water for public purposes, or to be sold for profit, and buildings, bridges, works and construction for all other purposes that said municipality, through its proper authorities, may deem necessary or proper for the welfare of said municipality, of the inhabitants thereof, and may exercise all other powers herein conferred. Sec. 4 Form of Government. The municipal government provided by this act shall be a Mayor -Council Government. Subject to the limitations imposed' by the Constitution and laws of this State and by this act, all powers of the City shall be vested in an elected council, herein- after referred to as the "City Council" or "Council." All powers of the City shall be exercised in the manner provided by this act, or if the manner be not so provided, then in such manner as may be set forth by ordinance or by general laws of the State of Florida. Sec. 5 Reorganization of Officers. The government and corporate authority of the City shall be vested in a City Council and in a mayor who shall be a member of the Council. Such Council shall consist of five members. The term of the councilmen shall be 'two years. The pre- sent councilmen or their successors shall continue in office until the first election of councilmen held under the provisions of this act. The three councilmen receiving the greatest number of votes in the said election shall Art. I CAPE CANAVERAL CHARTER Art. II serve for two years. The remaining two shall serve until the general city election held in 1964. Thereafter each councilman elected shall serve for a term of two years or until their successors shall be elected and qualified. In the even -numbered years, the three candidates, respect- fully, receiving the highest number of votes, shall be deemed elected. Such other offices as may exist at this time shall be abolished unless authorized by the provisions of this act. Commencing with the general city election held in 1971, two councilmen shall be elected for a period of three (3) years; commencing with the general city elec- tion in 1972, two councilmen shall be elected for a period of three (3) years; thereafter each councilman elected shall serve a term of three (3) years, or until his succes- sor shall be elected and qualified. Commencing with the general city election in 1971, the office of Mayor shall be elected with the candidate for Mayor receiving the highest votes, serving for two (2) years. In the general city election in 1973, the office of Mayor shall be elected for a period of three (3) years; thereafter the Mayor elected shall serve for a term of three (3) years or until his successor shall be elected and qualified. [Amended by General Election, June 2, 1970] ARTICLE II GENERAL POWERS Sec. 1 Extension of General Powers. The city shall have the powers, functions and immunities granted to municipal corporations by the Constitution and the general laws of the State of Florida, as now or hereafter existing,. together with the implied powers necessary to carry into execution all the powers. granted. The enumeration of particular powers by this act shall not be deemed to be exclusive, and in addition to the powers enumerated here- in or implied hereby, or appropriate to the excercise of such powers, it is intended that the City shall have and excercise all powers authorized by general laws of Florida which it would be competent for this act to specifically enumerate. The following are among the powers of this .City, subject to the limitations hereinafter expressed: 1. To purchase, lease, receive and hold property, real, personal and mixed, both within and without its corporate limits, and to lease, sell or otherwise dispose of the same for the benefit of the City; Art. II CAPE CANAVERAL CHARTER Art. II 2. To acquire title to submerged lands and riparian rights and easements or rights of way with or without restrictions, within or without the corporate limits of the City; 3. To excercise the right and power of eminent domain for the purpose of condemning any real or personal property, either within or without the corporate limits of the City, or within or without Brevard County, Florida (including properties in other municipalities), required for any law- ful municipal, public, corporate or proprietary purpose, and to pay just compensation for said property; 4. To extend or enlarge the corporate limits of the City and to include therein contiguous areas as herein provided; 5. To consolidate with any contiguous municipality in the manner provided by the general laws of the state and by this act; 6. To declare that any territory embraced within the corporate limits of the City shall be a bird sanctuary; 7. To construct, regulate, improve and maintain canals, rivers and other waterways, and to control the development and use of such natural or artificial streams or bodies of water inside its corporate limits, or outside its corporate limits where necessary for the health, safety and general welfare of the citizens of the City; 8. To establish pier and bulkhead lines for all waters within or bordering the corporate limits of the City; 9. To control and regulate the ocean beach lying within the corporate limits of the City, including the power to restrict, limit, regulate, prohibit and charge for or tax the use of the ocean beach, or any part or parts thereof, by pedestrians, bathers or vehicles of any or all kinds and descriptions, including the power to restrict, limit, regulate, license, franchise., tax or prohibit the use of the ocean beach for businesses, occupations or professions. The use of the ocean beach for public recreational purposes is hereby declared to be paramount to its use for any other purpose; 10. To establish a harbor line in the Atlantic Ocean and to control and prohibit the use of submerged land west thereof except for boating, fishing and bathing; Art. II CAPE CANAVERAL CHARTER Art. II 11. To appropriate money for the payment of the oper- ating expense of the City, and for the payment of the debts existing or hereafter incurred; 12. To borrow money for current operating expenses for a period not longerthan the remainder of the fiscal year in which the loan is made, and this power shall be in addition to the other powers to borrow money set forth in this act, or granted by the general laws of the state; 13. To borrow money for any lawful municipal, public, corporate or proprietary purpose, and to contract debts, and to make and issue bonds, certificates of indebtedness, notes, and other evidences of indebtedness provided, that the procedure therefore shall be in conformity with this act and the Constitution and General Laws of Florida; 14. To appropriate money for the purpose of giving publicity to the advantages, facilities and products of the City; and to expend the money so appropriated, either direct or through boards or other nonprofit corporations or organizations established for such purposes; 15. To invest the surplus funds of the City; 16. To open, extend, close, vacate, abandon, construct, pave, operate, improve, repair and maintain, streets, roads, alleys, sidewalks, promenades, boardwalks, bridges, parking areas and facililites and public thoroughfares of all kinds and descriptions and to regulate and control the use, en- roachments in, upon, over and under, and the obstruction thereof; 17. To regulate, control or prohibit the use of the City streets, or any part of the same, for the location of electric, telephone or telegraph, or other poles or wires; and to require the removal of wires or poles from any street of the City, and the location of such wires underground in conduits or pipes; 18. To regulate, prohibit, or control the erection, construction or maintenance of any obstruction in any street, alley, lane, parks, or other public place, in the City, and to regulate, restrain or control the erection or maintenance of any fence, sign, billboard or post within the City; 19. To own, lease, operate, construct, maintain, regulate and improve, hospitals, libraries, industrial Art. II CAPE CANAVERAL CHARTER Art. II parks, parking lots, parks, playgrounds, airports, golf courses, marinas, piers, wharves, swimming pools, bathing beaches, stadiums, auditoriums, civic centers, aquariums, museums, recreational centers, and any cultural, education- al, recreational and municipal buildings, jails, houses of detention, houses of correction, and any other necessary public and municipal facilities and projects of all kinds and descriptions, and to sell or lease such institutions, buildings, facilities or properties; 20.. To regulate, restrict or prohibit cemeteries and the burial of the dead within the corporate limits of the City; 21. To regulate and restrict the height, number of stories and size of buildings and other structures, the percentage of any lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, and the location, relocation, and use of build- ings, structures and land and water, for trade, industry, residence or other purposes, and to divide the city into districts or zones for said purposes; and within such districts to regulate or restrict the erection, construc- tion, reconstruction, alteration, repair or use of buildings, structures or land within such zones or districts, and to provide the manner for making changes and amendments thereto; the said power either to be exercised under the general municipal zoning law of the State of Florida, or under this power without reference to or control by said general law; 22. To regulate, restrain, and prevent the establishment of all manufactories, businesses, occupations, or residences of a nature tending to increase or produce fires, offensive odors, harmful ash, dust or residue, or unnecessary noises, or markedly decrease the value of surrounding property, and to prescribe areas of the City in which any such place shall be established; 23. To prevent pollution, or threatened pollution of its water supply or any water and any bay, stream, canal, river, ocean or underground waters within the corporate limits of the City or outside its corporate limits where necessary for the health, safety and general welfare of the inhabitants of the City; 24. In the interest of the public safety, and to pre- vent fires, to regulate and control the erection, relocation, repair and maintenance of buildings within the City, and Art. II CAPE CANAVERAL CHARTER Art. II character of such building or the materials of which the same are constructed, and to regulate and designate the location of motor vehicle service stations; 25. To condemn and order to be demolished and removed, or to be put in a state of sound repair, any and all dilap- idated, unsanitary and unsafe buildings or structures, and if the owners of such buildings or structures fail to obey such orders, then at the discretion of the City Council, to demolish and remove or put the same in sound state of repair and assess the entire cost thereof against said property, said assessment to be a lien against the property assessed until paid; 26. To define, prevent and abate all nuisances; 27. To require all. lands, lots and other premises within the City to be kept clean, sanitary and free from trash, refuse, weeds, palmetto and other wild growth, or to make them so at the expense of the owner, assessing the cost thereof against said property, the City to have a lien therefor, until discharged by payment, for any and all ex- penses incurred in so cleaning property and lots and making the same sanitary and free from said trash, refuse, weeds, palmetto and other wild growth; 28. To provide for reclaiming lands, by filling in the same, by dredging, ditching, draining and canals, by build- ing sea walls and other walls necessary, and to do and perform all those acts and things necessary to the general welfare and public improvements of the City, including the right and power to construct public wharves, docks, bridges, causeways, piers, and parks, and to charge and collect tolls from the public for the use of same; 29. To drain swamp, marsh, overflow and lowlands within or without the City for the betterment of sanitary conditions within the City; 30. To create a housing authority and to provide the powers and duties thereof by ordinance; 31. To adopt and enforce sanitary regulations and to appoint a City Health Inspector and to provide his duties, powers and responsibilities by ordinance; 32. To acquire, own, operate, lease, construct and maintain incinerators, sanitary land fills or other means of garbage and trash disposal within or without the corporate limits of the City; 5 Art. II (CAPE CANAVERAL CHARTER Art. II 33. To regulate shipping and the use of docks and boat landings within the City; 34. To purchase, hire, construct, own, maintain, operate, regulate or lease public utilities; 35. To furnish any and all local public services; 36. To fix the maximum charges for gas, electric lights, electric power, water, telephones, ice and other commodities or services furnished or performed by public utilities, whether operated by the City or by individuals or corpor- ations; provided, however, that such power shall not be exercised with respect to any utility or service subject to the jurisdiction or regulatory authority of the Florida Railroad and Public Utilities Commission or other agency of the State of Florida; 37. To grant franchises of all kinds and descriptions and to regulate the exercise thereof; 38. To provide police, fire, life guard, building in- spection and similar protection and services, including support and assistance to a volunteer fire department; 39. To pass such ordinances as may be necessary to protect and preserve peace and order upon all property owned, leased, managed or controlled by the City outside its corporate limits; 40. To exercise all police powers granted to munici- palities by the Constitution and laws of the State of Florida, as now or hereafter existing, and to adopt such ordinances, rules and regulations as are necessary to maintain and preserve the public health, peace, safety and welfare, including ordinances regulating the keeping of domestic and other animals within its corporate limits, and to impose penalties and forfeitures to carry the same into effect; 41. To provide for the punishment of persons who may at any time disturb the peace of the City, and to do or regulate any other matter or thing that may tend to pro- mote the health, welfare, prosperity and morals of the City, and to prohibit and suppress all bawdy houses and disorderly houses and any exhibition show, circus, parade or amusement contrary to good morals and to prohibit and suppress the distribution, sale or possession of obscene pictures and literature; Art. II CAPE CANAVERAL CHARTER Art. II 42. To provide for the arrest, imprisionment, and punishment of vagrants, rioters and disorderly persons, breakers of the peace and assemblies of persons on the sidewalks or streets in such manner as to interfere with the free and full use of the same for passage of persons or vehicles; 43. To regulate the speed at which vehicles, boats and other crafts are operated within the corporate limits of the City; 44. To regulate, restrain or prohibit the storage, sale or use of firearms, tar, pitch, resin, gunpowder, petroleum products, fireworks and other combustible, explosive or inflammable material; 45. To regulate where necessary, and subject to the authority of the applicable Federal agency, the operation of air vessels within or over the City, and to license, tax and regulate airports, airfields and other property used for the landing or service of air vessels; 46. To dispose of seized, abandoned or captured property; 47. To fix and enforce standards and knowledge and ability for all persons engaged in the practice of any profession, trade, occupation or business affecting the public interest, including mechanics, plumbers, pipe fitters, electricians, carpenters, masons, painters and other persons engaged in the construction and repair of buildings, equipment or personal property, to license, regulate and control the said persons, and provide for the examination and inspection of their work, to require applications for building permits for all buildings and electrical, gas or plumbing installations, or other in- stallations, to be erected, altered, reconstructed or repaired and for the inspection of the same, and to collect fees to pay the expenses of examination and in- spection of such persons and their work; 48. To provide hospitalization and other insurance for any of its officers and employees, and to pay the whole or any part of the cost and premiums thereof; 49. To raise annually by the assessment, levy and collection of taxes upon all property subject to tax- ation underthe laws of the State of Florida as herein provided, such sums of money as may be required for Art. II CAPE CANAVERAL CHARTER Art. II municipal purposes, including the payment of the principal and interest of any indebtedness of the City now existing or hereafter created; 50. To levy, assess and collect taxes as herein provided; 51. To levy and collect special or local assessments for public improvements in the manner herein prescribed; 52. To make its own valuations of property for the pur- pose of municipal taxation, without regard to the valuation made by the County for taxation; provided, however, that the valuation so made by the City for municipal taxation shall be just and have a fair relation to a uniform and equal rate of taxation; 53. To enforce any of the liens accruing to the City as herein provided, or as provided by the general laws of the state, in any manner authorized by law for the enforcement of liens, including the manner provided elsewhere in this act, and if no interest rate is specified herein the liens shall bear interest at the rate of six (6) percent per year; 54. To impose, levy and collect excise taxes on any admissions to places of amusement or athletic contests, with the power of selection and the amount of such taxes shall not be dependent upon any general state law; 55. To impose, levy and collect license taxes upon privledges, businesses, occupations and professions carried on and engaged in, in whole or in part within the City, except such as may be specifically exempted by law from municipal license taxation; and to classify and define such privileges, businesses, occupations and pro- fessions for the purpose of taxation; and without regard to whether the said privileges, businesses, occupations and professions shall be taxable by the state or not; 56. To license, regulate, limit, restrict, restrain or prevent sales, consumption or service of alcoholic beverages, either for consumption on the premises or in containers for consumption off the premises; or to limit or restrict the areas in said City in which such beverages may be sold, with the power to select and establish zones where such beverages may not be sold; or to limit or re- strict the number of places in said City in which such beverages may be sold or served for the consumption on the premises or sold in containers for consumption off the premises; or to limit or restrict the number of Art. II CAPE CANAVERAL CHARTER Art. III persons who may be issued licenses for such sales; any such power herein granted, not being limited or prohibited, by any general state law except where specifically so provided by law; 57. To license, regulate, limit, franchise, register and control taxis, buses and other means of public transpor- tation operated within the City; to control and register the drivers thereof, to fix the rates to be charged for the carriage of persons or baggage within the City and to require that all vehicles used for the public transportation of persons shall be covered by a bond, as fixed by ordinance for the protection of passengers and the public (and with- out regard to whether the same shall be licensed, taxed, or regulated by the state or not, and without regard to the rate of taxation to be fixed by the general state law, except where specifically so provided); 58. To license, control, tax, regulate and cause to be registered, or to prohibit on any of the City streets, parts of streets or public ways, bicycles, scooters and vehicles and conveyances of any kind whatsoever, and to license, tax, regulate and cause the driver thereof to be registered: 59. To license, control, tax and regulate traffic and sales upon streets, sidewalks, parks and public places within the City and to regulate, suppress and prohibit hawkers, vendors and peddlers upon such streets, sidewalks parks and public places; 60. To fix and provide by ordinance for a tax on dogs kept within the City; and to provide that dogs on which such tax shall not be paid may be disposed of under such conditions as may be provided by said ordinance; 61. The City of Cape Canaveral shall have the power to adopt laws, ordinances, rules and regulations for the purpose of exercising the foregoing powers and to do all other acts and perform all other functions reasonably required for the protection of the public welfare, and the rights and privileges of the inhabitants of said City. ARTICLE III ELECTED OFFICERS, QUALIFICATIONS AND TERMS Sec.1 Qualifications of Mayor and Councilmen. The Mayor and members of the City Council shall be residents ART. III CAPE CANAVERAL CHARTER ART. III of the City of Cape Canaveral and shall have and possess the qualifications of 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, 17 Oct 89] Sec. 2 Appointed Officers. The City Council shall have the power to appoint, employ and remove from office such officers and employees of the City as the City Council shall deem necessary for the operation of the City. Said appoint- ments and removals shall be subject to the majority vote of the City Councilmen. The City Council shall fix the compen- sation 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-year intervals at least sixty (60) days, but not more than ninety (90) days, preceding the General City Election. Compensation for City Councilmen shall not exceed six hundred dollars per year during the first four years in which such compensation shall be paid or twelve hundred dollars thereafter. The compensation paid to the Mayor shall not exceed eight hund- red dollars per year during the first four 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 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 of a 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 city election in 1971, and the candidate receiving the highest number of votes shall serve for a period of two (2) years; com- mencing with the general city election in 1973, the Mayor shall be elected for a term of three (3) years and there- after the Mayor elected shall serve a three (3) year term or until his successor shall be elected and qualified. [Added by General Election, June 2, 1970] ARTICLE V THE CITY COUNCIL, ORGANIZATION AND POWERS Sec. 1 Meetings. The City Council shall meet at such time and place as may be prescribed by ordinance or res- olution. The Council shall hold a minimum of two meetings per month. Special meetings may be held on an affirmative vote of a majority of the City Councilmen. All meetings of the City Council for the transaction of official busi- ness shall be open to the public. Sec. 2 Rules of Procedure. The City Council may enact its own rules of procedure, may prescribe penalties for the nonattendance and misconduct of its members and en- force the same, may compel the attendance of members and, on a four -fifths vote, may expel a member for misconduct in office or neglect of duty. Misconduct shall include the acceptance of gifts, gratuities or service intended to influence a member's consideration, vote or action upon any official business of the City. [Amended by General Election, June 2, 1970] Sec. 3 Quorum. A majority of all members of the City Council shall constitute a quorum to transact business. Sec. 4 Election of Mayor and Mayor Pro Tem. The City Council shall annually elect from its membership a Mayor and a Mayor Pro Tem. Commencing with the general city election in 1971, the City Council shall annually elect from its membership a Mayor Pro Tem, who shall act as the Mayor in the Mayor's absence. [Amended by General Election, June 2, 1970] Art. VI CAPE CANAVERAL CHARTER Art. VII ARTICLE VI CITY MANAGER Sec. 1 Appointment. If the City Council shall, by ordinance, appoint aCity Manager, he shall be the administrative head of the government and shall be responsible for the effective administration of all departments of the City. He shall be chosen on the basis of his executive and administrative qualifications.. He may or may not be a resident of the City or of the State of Florida. He shall hold office at the will of the Council, and shall receive such salary as may be fixed by the Council. The duties of City Manager shall be established by the Council. In the case of sickness or absence of the City Manager, the City Council may appoint another person, not a rmember:, of the —Council; -to act for the City Manager din his sickness- o`t'absence and the person so appointed may, during the sickness or absence of the City Manager, act for him and perform all his duties and all such acts of the person so appointed shall be as valid as those performed by the City Manager. ARTICLE VII CITY ATTORNEY Sec. 1 Qualifications. The City Council shall appoint a City Attorney and such Assistant City Attorneys as may be necessary, who shall serve at the pleasure of the Council and act as the legal advisor for the municipality and of its officers in matters relating to their official duties. He shall be a lawyer of experience and practice in the courts of the State of Florida. Sec. 2 Duties. The City Attorney shall prepare all contracts, bonds and other instruments in writing in which the municipality is concerned, or shall indorse on - each his approval of the form, language and execution thereof; and no contract with the municipality shall be binding upon the municipality until the City Attorney has examined said contract. When required by the Council, he shall be the prosecutor in the Municipal Court, and when required by the Council, he shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. Art. VII CAPE CANAVERAL CHARTER Art. IX He shall furnish the Council, or the City Clerk, his opinion on any question of law relating to their re- spective powers and duties, and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Council or by this act, or such as are prescribed for City Attorneys under the general laws of this state, not inconsistent with this Charter. Sec. 3 Compensation. The City Council may, from time to time, by resolution, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this act and by the Council, provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed in this act, may be specially com- pensated as the Council may see fit to provide. ARTICLE VIII CITY CLERK Sec. 1 Appointment and Duties. The City 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 serve at the pleasure of the Council. He shall prepare tax maps, assess all properties within the corporate limits of the City for taxation, maintain assessment rolls and perform all the usual duties of a tax assessor. 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 the full cash value of all such property which is taxable. The tax assessor shall visit and inspect all of the real estate, unless personally acquainted therewith, and the improvements thereon, and shall fix the valuation of the same, and shall require the owner or owners of personal property to return the same and fix the valuation there- of. In case the owner or owners of any personal property shall neglect or refuse to return the same and fix the valuation thereof, the tax assessor shall place a value thereon to the best of his knowledge, information and belief, and any person or persons failing or refusing to make such returns on or before the first day of April in each year shall not be permitted afterwards to reduce the valuation placed thereon by the City Tax Assessor for the current year. The tax rolls and records of the tax assessor's office shall be open for public inspection at all reasonable times. Sec. 3 Appraisers. The City may employ, by contract or otherwise, an appraiser to appraise any or all property, real and personal, within the corporate limits of the City, or may accept the value placed on such property by the Brevard County Tax Assessor. The office of the City Tax Assessor may be combined with other offices as provided by this act. ARTICLE X CITY TAX COLLECTOR Sec. 1 Appointment and Duties. The City Council shall appoint a City Tax Collector. It shall be the duty of the City Tax Collector to collect all taxes on real and per- sonal property in the City according to the assessment rolls and as shall be required by law and the ordinances of this City; to collect all license taxes on all trades, professions, occupations and businesses as shall be pro- vided by the provisions of this act or by law and or- dinance; to collect all such funds and file his receipt Art. X CAPE CANAVERAL CHARTER Art. XII thereof. All funds collected by him shall be immediately paid over to the City Treasurer, to be deposited by him in the City Depository. As tax collector, he shall make monthly reports to the City Council on all moneys and funds collected by him or coming into his hands, and shall make any additional reports as may be required of him by the City Council, and he shall perform such other duties as are prescribed by this act or required by ordinance or shall be required by the Council from time to time. ARTICLE XI CITY TREASURER Sec. 1 Appointment and Duties. The City 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 sources whatever, and he shall keep a faithful and strict account of all such monies and funds, and shall pay same out only upon the order of the City Council, made in pursuance of law and ordinance. It shall be the duty of said City Treasurer to keep a strict account of each fund separate. All City funds shall be kept and deposited as shall be directed by the City Manager. The City Treasurer shall prepare all checks and vouchers to be drawn on the City depositories, and shall sign the same and present such checks to the Mayor, or in his absence to the Mayor Pro Tem, to be counter- signed as provided herein, or as otherwise provided by ordinance of the City Council. He shall perform such other duties as the City 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 and Powers of the Judge. The Municipal Judge shall have the power by his warrants to have brought before him any person or persons charged with the violation of City ordinances, and shall have exclusive original juris- diction over all proceedings of a criminal nature for the violation of any ordinance of the City. In the proper exercise of the functions of the Municipal Court within its jurisdiction asherein defined, the Municipal Judge shall have the power and is authorized to issue and cause to be served any and all writs and processes such as are issued by Justices of the Peace in the State of Florida, and the Police of the City of Cape Canaveral are authorized and it is made their duty to execute and serve any and all such writs and processes issued out of the said Municipal Court by the Municipal Judge and to make proper return upon the same to such court in the manner as is required of Constables and Sheriffs in the execution of similar papers. The Municipal Judge shall have power and authority to take bail for the appearance of an accused person, to require the attendance of witnesses for the City and for the accused person, to administer oaths, take affidavits and to inquire into the truth or falsity of all charges preferred, to decide on the guilt or innocense of the accused, and to fix and impose such penalties by sentence as are prescribed and provided under the ordinance of the City, and to have all powers incidential and unusual to the due enforcement of such City ordinances. The Municipal Judge is hereby granted the authority and shall have the power to issue search warrants to run throughout the ter- ritory of the City of Cape Canaveral and such search warrants may be served by the Police of the City of Cape Canaveral. The procedure and grounds for the issuance of said search warrant shall be the same as that provided by general law, except that the violation of a municipal ordinance shall be treated as a misdemeanor is treated under the general law in determining probable cause for issuance of said search warrant. Sec. 3 Payment of Fines. All persons convicted in the Municipal Court shall forthwith pay all fines and costs assessed against them, and in default of payment thereof, may be committed to jail at such place as directed by the court. Sec. 4 Clerk of Court. The City Clerk, or his deputy, of the City of Cape Canaveral, shall be the Clerk of the said Municipal Court. 3'?- Art. XII CAPE CANAVERAL CHARTER Art. XII Sec. 5 Dutieslof Clerk. The Clerk of the Court shall keep a docket in which shall be entered the title of all cases tried in such court, the nature of the offense charged, the names of all witnesses sworn, and by whom called, the findings and judgment of the court, and the fine and cost incurred, and by whom, whether the judg- ment is satisfied, and if so, how satisfied, and the date of appeal, if granted. Upon the conviction or acquittal of any defendant, the Clerk shall procure, and file in his office, the complaint, warrant or other processes, and all papers in the case, and a copy thereof, and of entries upon the docket above mentioned, when certified to by him as being a true copy of the original in his keeping, under seal of the City, shall be prima facie evidence thereof and of the facts therein stated, and should have the same force and effect in all courts as would the original if produced and proved as such. When so required, the Clerk may take affidavits of persons charging another with the violation of an ordinance or law of the City, and to issue warrants thereon, re- turnable before the Municipal Court. Such Clerk may issue writs and warrants except search warrants. Sec. 6 Arrest and Confinement. All persons arrested for violation of any ordinance or breach of the peace,. committed within the City limits, or upon the property of the City outside of its limits, and within the juris- diction of the Municipal Court as defined under this act, shall be immediately confined in the City jail or house of detention, or in such other place as may be designated by ordinance, and remain there until a hearing has been had before the Municipal Court, unless such person or persons shall give proper security, in which event they may be released. Sec. 7 Taking of Bond. The Municipal Judge or the Clerk of the Municipal Court or such deputies as des- ignated by the City Council, shall have authority to take from persons so arrested, a bond or other security for appearance before the Municipal Court, but no such bond or security shall be for less than five dollars nor more than five hundred dollars. Sec. 8 Forfeiture of Bond. In all cases where accused persons have been released upon bond or other security, and they fail to appear, the Municipal Court shall de- clare such bond or security estreated, and such action shall be recorded upon the docket, and in such case the Municipal Judge may, at his discretion, issue a capias for the rearrest of the accused person. Art. XII CAPE CANAVERAL CHARTER Art. XIII Sec. 9 Disposition of Fines. The Municipal Court shall have authority to preserve order and decorum, and shall be invested with the same powers to that end, by fine and imprisonment as are possessed and authorized to be exercised by Criminal Courts of Record within the state. All fines, penalties and fees collected by the Municipal Court shall be a part of the revenue of the City, and shall be paid to the City Treasurer on the day on which collected and receipt taken therefor. The moneys so paid into the City Treasury may, by resolution of the City Council, be appropriated to any particular fund, and shall thereafter be used in accordance with such resolution. Sec. 10 Utilization of Prisoners. All persons imprisoned after conviction in the Municipal Court shall be required to work for the City at such labor as their health and strength will permit, within or without the limits of the City, not exceeding eight hours each day and for not ex- ceeding sixty consecutive days for one offense. Sec. 11 Remittance of Fines. No fine or other penalty imposed by the Municipal Court shall be remitted except by action of the City Council upon the recommendation of the Municipal Judge; provided, however, that this shall not be construed as precluding the Municipal Judge from suspending sentences imposed by such court, if such sus- pension is made at the time the sentence is imposed. ARTICLE XIII POLICE DEPARTMENT Sec. 1 Continuance of Present Law Enforcement. The present City Marshall, Roy L. Staton, or his appointed successor in office, shall continue to serve in that office and perform the duties thereof until such time as a plan for law enforcement is adopted by the City Council and placed in operation; and such plan shall be adopted by the City Council within ninety days fol- lowing the effective date of this act. Sec. 2 Clarification of Titles. Such law enforce ment agency as shall be established under the provisions of Article XIII, Section 1, of this act shall fulfill the duties established by this act for the Police Department, and the Chief Law Enforcement Officer of such agency shall perform those duties delegated to the Chief of Police by this act. ;:3 iy Art. XIII CAPE CANAVERAL CHARTER Art. XIV Sec. 3 Duties of Chief of Police. It shall be the duty of the Chief of Police to attend meetings of the City Council as directed by the City Council; to aid in the enforcement of order; to execute all papers and processes of the City or its authorities; to attend Municipal Court during its sittings; to execute its commands and to aid in the enforcement of order therein and to perform such other duties as may be lawfully re- quired of him. Subject to the authority and instructions of the City Council, the Chief of Police shall have and exercise control over the Police Department. Sec. 4 Arrest. The Chief of Police, his deputies, and any designated police officer of the City, shall have the power and authority of arrest upon any warrant issued upon sworn complaint and to immediately arrest, with or without warrant, and take into custody any person who shall commit, threaten or attempt to commit in his presence or within his view, any offense pro- hibited by the ordinances and laws of the City, and shall without unnecessary delay bring the offenders before the Municipal Court to be dealt with according to law. Sec. 5 Extending Police Jurisdiction. The Chief of Police and his deputies shall have the power and authority to make arrest anywhere outside the corporate limits of the City for a violation of any City ordinance or any criminal statute of the State of Florida which occurred within the corporate limits of the City, if the arresting officer is in fresh pursuit of the alleged violator from inside the corporate limits of the City. Sec. 6 Traffic Summons. All police officers shall be empowered to issue summons on traffic offenses against all local residents or nonresidents violating any 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 which shall consist of a Fire Chief and such other number of firemen as the City Council may determine. The Fire Chief shall be the head of the Fire Department and he shall be appointed and re- moved by the City Council. He and the firemen shall receive such compensation as may be determined by the City Council. Art. XIV CAPE CANAVERAL CHARTER Art. XV Sec. 2 Volunteer Fire Department. The City may support and assist a Volunteer Fire Department or Departments. Such support and assistance may include, but shall not be limited to, the furnishing of City fire trucks, fire fight- ing equipment and supplies for any use by the Volunteer Fire Department or Departments, payments to volunteer 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 terns 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. 3. To have charge of the removal of garbage and trash, or franchise thereof, and it shall be his duty to see that the streets are kept clean. 4. He shall perform such other duties as the City Manager from time to time, shall require of 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 shall be designated by the City Council, and he shall provide surety bond in such amount as may be required by the Council for the faithful performance of his duties, which shall be as follows: 1. To exercise control and direct supervision over all of the affairs of the water system of the City of Cape Canaveral, including the expansion, maintenance and operation of the Water Department. 2. He shall perform such other duties as the City Council, from time to time, may require of him. ARTICLE XVI BOARDS AND AGENCIES Sec. 1 Department of Public Health. The City Council shall have the power to create a City Department of Public Health. 1. The qualifications of any person appointed to this Department shall be determined by the City Council which may secure assistance in this matter from any source which they shall deem prudent; and any person so appointed shall hold the position at the will of the Council; and the Council shall have the power to establish the compensation of any person so appointed. PAGE REVISED 8 NOV 83 Art. XVI CAPE CANAVERAL CHARTER Art. XVI 2. The Department shall establish rules and regulations necessary to secure the general health of the inhabitants of the City of Cape Canaveral, to prevent and remove nuisances, to prevent the introduction and spread of in- fectious and contagious diseases into or within the City, and shall establish such quarantine laws as they deem necessary to prevent the spread of such diseases. The quarantine laws adopted under the provisions of this Article shall not be in conflict with similar laws of the United States of America or of the State of Florida. The Department shall enforce the rules andregulations of the State Board of Health. 3. The Department shall be responsible for the inspec- tion, regulation and control of restaurants, lunch rooms, markets, stores or other places where beef, pork, poultry, fish, milk, butter, lard, vegetable compound, fruits, vegetables and other foods or drugs are served or sold within the City, and to prohibit the sale of anysuch 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. Art. XVII CAPE CANAVERAL CHARTER Art. XVII ARTICLE XVII GENERAL FINANCE PROVISIONS, BUDGET, AUDIT AND PURCHASING Sec. 1 Fiscal Year. The fiscal year of the City shall begin on the first day of October and end on the thirtieth day of September of the following year. Such year shall constitute the budget year of the City government, and whenever the word "year" appears in this Article it shall be construed as meaning the fiscal year of the City, unless otherwise indicated. Sec. 2 Budget Committee. A Budget Committee appointed by the City Council from its membership and such other persons as it may decide, shall submit a recommended budget for the ensuing fiscal year to the City Council on or before the first regular meeting in August. Sec. 3 General Budget Requirements. The budget doc- ument shall present a complete financial plan for the en- suing fiscal year. It shall include at least the following information: 1. Detailed estimates of all proposed expenditures for each department and office of the City, showing the expen- ditures for corresponding items for the last preceding and current fiscal years, with reasons for increases and de- creases recommended as compared with appropriations for the current year; 2. Statements of the bonded and other indebtedness 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; 4. A statement of the estimated balance or deficit, as the case may be, for the end of the current fiscal year; 5. An estimate of the amount of money to be raised from current and delinquent taxes, and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet the proposed expenditures; Art. XVII CAPE CANAVERAL CHARTER Art. XVII 6. Such other supporting schedules as the Council may deem necessary. Sec. 4 Public Hearing on Budget Required. A public hearing on the budget shall be held before its final 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. 28-87, 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 shall designate 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. All purchases and contracts for public improvements shall, except as specifically provided herein, be based where - ever possible on competitive bids. (2) Formal Contract Procedure. All purchases and public improvements, except as otherwise provided herein when the estimated costs thereof shall ex- ceed $3,000 shall be purchased by formal written contracts from the lowest responsible bidder after due notice inviting proposals. (a) Notice Inviting Bids. Notice inviting bids shall be published once in at least one of- ficial newspaper with general circulation in. Brevard County, Florida, at least 5 days preceding the last day set for the receipt of proposals. The newspaper notice required shall include a general description of the articles to be purchased and shall state where bid blanks and specifications may be secured and the time and place for opening bids. (b) Bidders' List. The City shall also solicit sealed bids from all responsible prospective suppliers who have requested their names to be added to a bidders list which the City shall maintain by sending them a copy of such newspaper notice or such other notice as will acquaint them with the proposed purchase. In any case, invitations sent to the vendors on the bidders' list shall be limited to commodities that are similar in character and ordinarily handled by the group to which the invitations are sent. 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 shall not accept the bid of a contractor who is in default in the payment of taxes, licenses or other monies due the City. (7) Award of Contracts. Contracts shall be awarded to the lowest responsible bidder. In determining "lowest responsible bidder", in addition to price, the City shall consider: (a) the ability, capacity and skill of the bidder to perform the contract or provide the service promptly or within the time specified without delay or interference; (b) whether the bidder can perform the contract or provide the service promptly or within the time specified without delay or inter- ference; (c) the character, integrity, reputation, judg- ment, experience and efficiency of the bidder; (d) the quality of performance of previous con- tracts or services; Art. XVII CAPE CANAVERAL CHARTER Art. XVII (e) the previous and existing compliance by the bidder with laws and ordinances relating to the contract or services; (f) the sufficiency of the financial resources and ability of the bidder to perform the con- tract or provide the service; (g) the quality, availability and adaptability of the supplies or contractual services to the particular use required; (h) the ability of the bidder to provide future maintenance and service for the use of the subject of the contract; (i) the number and scope of conditions attached to the bid. (8) Award to Other Than Low Bidder. When the award is not given to the lowest bidder, a full and complete statement of the reasons for placing the order elsewhere shall be prepared by the City and filed with the other papers relating to the transaction. (9) Tie Bids. If all bids received for the same total amount or unit price, quality and service being equal, the contract shall be awarded to a local bidder. Where a local bidder is not involved, the City shall award the contract to one of the tie bidders by drawing lots in public. (10) Performance Bond. The City shall have the authority to require a performance bond before entering into a contract, in such amount as the City shall find reasonably necessary to protect its best interest. (11) Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the requirements of this section. (12) Open Market Procedure. All purchases and public improvements of less than the estimated value of $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 Art. XVII CAPE CANAVERAL CHARTER Art. XVII (a) All open market purchases shall, whenever possible, be based on at least three com- petitive bids and shall be awarded to the lowest responsible bidder, in accordance with the standards set forth above. (i) In the event the open market purchase sought is less than $200.00, the above requirement of three competitive bids shall not be necessary. All above des- cribed standards will be considered guidelines and followed as closely as possible. [Ordinance No. 6-81, §1, 5 May 81] (b) Notice Inviting Bids. The City shall solicit bids by (1) direct mail request to prospective bidders; or (2) by telephone, or (3) by public notice posted on the bulletin- board of the City Hall. (c) Recording. The City shall keep a record of all open market orders and the bids submitted in competition thereon and such records shall also be open to public inspection. (13) Sole Source Purchasing. When the City has deter- mined that a purchase is to be made which is _ available from only one source, and no other like supplies or materials are availalbe for purchase by the City, then in that event the City may purchase the items notwithstanding the other provisions of this section. A statement in writing justifying the need for such a sole source purchase shall be placed in the City's file setting forth the nature of the sole source purchase. (14) Emergency Purchase. In case of an apparent emergency which requires immediate purchase or public improvements, the City Manager shall be empowered to secure by open market procedures as herein set forth, at the lowest obtainable price, any supplies or public improvements, re- gardless of the amount of the expenditure, when such procurement is essential to prevent delays in the work of the City which may vitally affect the life, health or convenience of citizens. Art. XVII CAPE CANAVERAL CHARTER ! Art. XVIII A full report of the circumstances of an emergency 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 City purposes in the manner provided in the laws of the State, and ordinances and laws of the City of Cape Canaveral. Sec. 2 Tax Year Established - Tax Notices. The tax year of the City of Cape Canaveral shall be the calendar year, commencing January first and ending December thirty-first. All taxes shall be a lien against the property upon which they are levied orassessed 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, as taxes assessed upon real estate, and shall be collected in the manner hereinafter prescribed. Personal PAGE REVISED 6 DEC 88 Art. XVIII CAPE CANAVERAL CHARTER Art. XVIII property shall be assessed separate from real estate but in a manner similar as near as may be, and by the provisions contained in this act. Taxes assessed upon personal property shall be a lien upon the personal property assessed, and be collected in the manner as provided by the Revised General Statutes of the State of Florida, or it may be enforced by a suit in equity against the property, in which case the personor 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 5 Art. XVIII CAPE CANAVERAL CHARTER Art. XVIII the freeholders voting in the City of Cape Canaveral in a referendum election called by the City Council for that purpose. Such maximum limitation on the annual rate of tax levy shall remain effective unless and until such limitation is changed as hereinafter provided. Such referendum shall be held in compliance with the ordinance providing for special elections. The limitation imposed by such referendum may be changed at any time, but only by referendum held in the same manner as provided herein for establishing the original limitation. The limitation on annual rate provided herein shall in no way limit or prohibit the levy of taxes pledged to the payment of principal and interest. Sec. 7 Board of Equalization Established, The City Council shall, at its second meeting in August in each year, or at a special meeting in August, starting with the year following the approval of such taxes, sit as a Board of Equalization of Taxes; and due notice of said meetings shall be given by publication for not less than two issues seven days apart in a newspaper published within the County. At such meetings, the Council sitting as a Board of Equalization as aforesaid, shall have be- fore it the assessment rolls prepared by the Assessor of Taxes and shall proceed to equalize and revise the said assessment. The Council at that time shall have the right to make all inquiries necessary and, if advisable, to take testimony for the purpose of determining the Valuation of any property so assessed. All persons owning property, real or personal, in the City of Cape Canaveral, shall have the right to appear before such Board of Equalization and to be heard; and the said Board shall remain in session from day to day for as long as may be necessary to hear such complaints and to equalize and revise such assessments; provided, that the said Board shall not be required to remain in session for longer than three (3) successive days. Sec. 8 Omitted Property may be Back Taxed. The Assessor, upon discovery that any real or personal property has been omitted from the assessment roll for either or all of the three previous years, or that any real estate was illegally sold for taxes in either of such years, but was then liable for taxation, may in addition to the assessments for the current year, assess the same for the year or years omitted or illegally sold, noting such assessment separately and the same shall be collected with the taxes for the current year. Such assessment shall have full force and effect, and the Art. XVIII CAPE CANAVERAL CHARTER Art. XIX taxes thereon shall be levied and collected with the taxes for the current year, and all such property shall be sub- ject to such taxes in whosoever hands it may have passed. Sec. 9 Certification of Assessment Rolls. After the said assessment rolls shall have been revised and equalized as hereinbefore provided, the same shall 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 contain the names of the owners of the real estate Art. XIX CAPE CANAVERAL CHARTER Art. XIX to be sold or state that they are unknown, and shall describe the parcels to be sold and state the amount of taxes past due and unpaid. Interested persons shall be charged with knowledge as to whether they have paid or failed to pay municipal taxes lawfully assessed against their real estate, and of the fact that the same is subject to sale for the nonpayment of municipal taxes; but such persons shall have the right at all reasonable times to inspect the tax books, lists and records of the said City for the purpose of informing themselves as to whether their real estate is subject to sale for the nonpayment of municipal taxes, and the taxing officers of the City shall render to such an inquiry every reasonable assistance. Sec. 3 Sale of Tax Liens. On the first Tuesday of July of each year, beginning at twelve o'clock noon, the City Tax Collector shall commence the sale of all tax liens on those lands on which taxes have not been paid as afore- said on or before ten o'clock in the forenoon of such day, and shall continue sale from day to day until such tax liens, costs and penalties on each parcel thereof shall be sold. Said tax liens shall be struck off to the person who will pay the amount of taxes, costs and penalties, and in case there are no bidders same shall be bid off by the City Tax Collector for the City of Cape Canaveral. The City Tax Collector shall require immediate payment by any person to whom any taxes or tax liens may be struck off. Such certificates evidencing such taxes and tax liens shall bear interest from date at the rate of twelve per- cent (12%) per annum until April first of the following year, and eight percent (8%) per annum thereafter. ,The City Tax Collector shall have the right to enforce reason- able rules and regulations concerning the manner of bidding and in case of competition on bidding, such bidders shall have the right to bid for a lesser rate of interest. Sec. 4 Tax Collector's Certificate of Sale. Immediately after any tax sale, the City Tax Collector shall make out a list in triplicate of all the lands sold for taxes, showing the date. of sale, the number of each certificate, the name of the owner as returned, a description of the land sold, the amount for which the sale was made, and the name of the purchaser and shall append to each said list a cer- tificate setting forth the fact that each sale was made in accordance with law. One of such lists shall be retained by the City Tax Collector, one shall be filed in the office of the City Clerk, and one shall be filed with the Clerk of the Circuit Court of Brevard County. Art. XIX CAPE CANAVERAL CHARTER Art. XIX - Sec. 5 Form of Tax Sale Certificate Issued to Purchaser. At the sale aforesaid, the City Tax Collector shall give to the purchaser a Tax Sale Certificate describing the tax liens purchased and the amount paid therefor. The Certif- icate shall be substantially in the following form: TAX SALE CERTIFICATE NUMBER OFFICE OF THE CITY TAX COLLECTOR CITY OF CAPE CANAVERAL BREVARD COUNTY, FLORIDA NO. AoD,, 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 55 Art. XIX ,CAPE CANAVERAL CHARTER Art. XIX Sec. 6 Recording of Tax Sale Certificates. It shall not be necessary for any tax sale certificate, issued by the City of Cape Canaveral, to be recorded in the office of the Clerk of the Circuit Court, Brevard County, Florida, and the record of such certificate kept in the office of the City Tax Collector shall be all the notice of record required to be kept to evidence the lien of such tax sale certificates. Sec. 7 Issuance of Dupl•ica•te Tax Sale Certificate. If application be made to the City Council for issuance of a duplicate tax sale certificate in lieu of a certificate alleged by affidavit to be the property of affiant and to have been lost or destroyed, the City Council may, upon such reasonable terms, conditions and assurances as it may require, authorize the City Tax Collector to issue a duplicate certificate, plainly marked or stamped "Duplicate" to the affiant, and the City Tax Collector shall thereupon issue the same upon payment of a fee of One Dollar and shall note the entry of such duplicate issuance on the tax sale list opposite the entry of the sale for which the lost or destroyed certificate was issued, and shall keep and preserve the bond or guarantee executed by the appli- cant in connection with the issuance of such duplicate certificate. Sec. 8 Transfer of Tax Sale Certificates. All tax sale certificates issued, whether to the City of Cape Canaveral or individuals, shall be transferable by en- dorsement thereon, or transfer appended thereto, at any time before they are redeemed, or a tax deed issued there- on. Record of the transfer and assignment of a tax sale certificate by an individual may be made upon the records of the City Tax Collector upon payment of the fee of twenty-five cents for each certificate. Sec. 9 Redemption of Tax Sale Certificate. All tax sale certificates issued to the City of Cape Canaveral shall be held by the City Tax Collector for redemption or sale as hereinafter provided. All redemptions of tax sale certificates or tax liens hereafter certified or sold to the City or to individuals shall be made at the office of the City Tax Collector. Sec. 10 Redemption of Tax Lien Property. Any person, or agent of any person, owning or claiming such lands, or interest therein, upon which taxes or tax liens have been sold, may redeem the same from the lien of such taxes, tax sale certificate or tax liens at any time after such sale Art. XIX CAPE CANAVERAL CHARTER Art. XIX and before a tax deed is applied for or foreclosure pro- ceedings commenced, by paying to the City Tax Collector of the City of Cape Canaveral the face amount of the certificate of sale, and interest thereon, as well as the face amount of the prior and subsequent taxes and interest, together with the fee of One Dollar ($1.00) for each cer- tificate and subsequent taxes so redeemed; provided, how- ever, that no one shall be required to pay in redemption of a tax sale certificate, more than the amount paid the City of Cape Canaveral for such certificate, together with interest, cost and other legal charges. Interest on cer- tificates sold, whether to the City or to an individual, shall be at the rate of twelve percent (12%) per annum for the first year, and eight percent (8%) per annum for the time after the first year after the date of sale, but not less than five percent (5%) of the face of the certificate 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 CANAVERAL CHARTER Art. XIX RECEIPT FOR REDEMPTION OF DELINQUENT TAXES AND CERTIFICATES CERTIFICATE NUMBER MONTH YEAR LOT BLOCK SUBDIVISION PRINCIPAL CREDIT DISCOUNTS INTERESTS Please examine this receipt carefully and report any dis- crepancy to the City Clerk within ten (10) days. CITY OF CAPE CANAVERAL, FLORIDA City Tax Collector Sec. 12 Disposal of City -Owned Tax Certificates. Any and all tax sale certificates which have heretofore or may be hereafter issued by said City for nonpayment of its taxes, and which may be held and owned by said City, and which have been issued for a period of two years or more, may be disposed of by the City in any of the following ways: 1. The City may sell such certificates at public sale to the highest and best bidder, for cash, after notice of such sale has been published once a week for two consec- utive weeks before the date of sale in issues seven (7) days apart in a newspaper published within the County, such advertisement to give the date when the certificates will be offered for sale and name of the subdivision or areas in which the lands lie upon which the tax sale certificates are liens. 2. To apply for city tax deeds to be issued to the "City of Cape Canaveral," the same as any other applicant. 3. Foreclose such certificates in the manner herein- after set out. 4. Sell same upon demand at full cash value. r, Art. XIX CAPE CANAVERAL CHARTER Art. XIX Sec. 13 Purchase of City -Owned Tax Certificates at Any Time. At any time any person may purchase all tax certif- icates and other taxes against any parcel of land, so long as same are held by the City of Cape Canaveral, by paying to the City Tax Collector the amount of such certificates and tax liens for subsequent and omitted years, and interest thereon from the date of certificates at the rate or rates which would be required to be paid for the redemption of the certificates, and the fee of One Dollar ($1.00) for the transfer and assignment of each certificate and tax liens for subsequent or omitted years, and the City Tax Collector shall give proper receipt and assignment for such tax liens for subsequent or omitted years. The purchaser shall not be required to redeem outstanding tax sale certificates held by any person; in every instance endorsement by the City Tax Collector shall be made upon the tax certificates sold, stating the name of the assignee, the date of the transfer and the amount received therefor. Sec. 14 Tax Deeds of City. Tax deeds based upon tax sale certificates and subsequent tax liens of City of Cape Canaveral may be obtained only in the following manner: The holder of any tax certificate at any time after two (2) years have elapsed since the issuance of said tax certificate may make application for a Tax Deed, pay the necessary cost in connection therewith and file such tax certificate with the City Clerk of the City of Cape Canaveral, notifying the City Clerk that he desires the lands described therein for sale. At the same time, he shall surrender any other City tax sale certificates he may own covering the same land and purchase from the City Tax Collector all outstanding tax sale certificates and tax liens for subsequent and omitted years held by City of Cape Canaveral, and redeem all outstanding City tax sale certificates and tax liens held by individuals, and file same together with the purchase of redemption re- ceipts, with the City Clerk. The certificate holder shall pay to the City Clerk a fee of Five Dollars ($5.00) for conducting the sale, making the search and mailing the notice hereinafter provided as to each parcel or tract of land upon which an application for a tax deed is made. The certificate holder shall pay to the City Clerk the estimated cost of publication. A separate application is required as to each parcel of land assessed on the City tax rolls. Sec. 15 Notice of Application for Tax Deed. After the proper fees have been paid, the City Clerk shall cause a notice in substantially the following form to be Art. XIX CAPE CANAVERAL CHARTER Art. XIX published once a week for four (4) successive weeks, four (4) publications, each one (1) week apart, before the date of such sale in some newspaper of general circulation pub- lished in the County of Brevard, Florida. NOTICE OF APPLICATION FOR TAX DEED Notice is hereby given that holder of the Tax Sale Certificate No. issued the day of , A.D.; 19 has filed same in my office and has made application for a Tax Deed to be issued thereon and has paid or redeemed all outstanding City Taxes against the lands hereinafter described. Said tax certificate embraces the following described real estate in the City of Cape Canaveral, Brevard County, Florida, to -wit: Unless the City Clerk is paid a sufficient amount to redeem said certificate and tax liens and all costs accord- ing to law, the property described therein will be sold to the highest bidder at the Office of the City Clerk in the City Hall of Cape Canaveral, Florida, beginning at one o'clock in the afternoon, on the first Monday in the month of , 19 , which is the day of , 19 DATED this day of , 19 ` CITY CLERK, CITY OF CAPE CANAVERAL, FLORIDA Sec. 16 Filing of Proof of Publication of Notice. Proof of publication of the notice provided for in the preceding section shall be filed in the Office of the City Clerk on or before the day fixed for the sale. No sale shall be made and no tax deed shall be issued unless such proof of publication has been so filed. Sec. 17 Mailing of Notice of Tax Deed Application to Owner. In additiontothe 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 /2' holder be known to the City Clerk; and the City Clerk shall make out and file a certificate that he, the City Clerk, did on the day named, mail a copy of the said Notice to certain persons therein named, which certificate shall be signed by the City Clerk and his office seal affixed there- to; and such certificate shall be prima facie evidence of the fact that such Notice was mailed. In the event the owner's address is unknown to the City Clerk, the latter shall certify to the effect that the address of the owner is unknown to him. The failure of the owner to receive the Notice mailed by the City Clerk shall not affect the validity of the tax deed issued pursuant to such Notice. The Notice referred to in this Section may be sent any time not later than the twentieth (20th) day of the month preceding the sale, and a printed copy of the Notice as published in the newspaper shall be sufficient. Sec. 18 Notice to OtherPersons on Request. When the certificate holder shall make written request for him to do so, and shall furnish him with the names and addresses, the City Clerk shall send a copy of the Notice referred to in the preceding section to anyone to whom the certificate holder may request him to send such notice out, and for every notice sent out the City Clerk shall make a certif- icate as to the mailing similar to that mentioned in the preceding section; but the City Clerk may demand from such certificate holder the sum of twenty-five cents (25) ad- ditional costs to reimburse him for the postage and ex- pense incurred for each copy of Notice sent upon request of the certificate holder, and not considered necessary by the Clerk; and where such fees are paid, they will be added by the City Clerk to the amount required to redeem the land from sale. Sec. 19 Time of Application for Tax Deed. It shall not be necessary that application for tax deed be made by a certificate holder at any particular time of the month, or that Notice provided herein be published at any par- ticular time with reference to the day of sale, so long as the day of sale be fixed not less than twenty-eight (28) nor more than fifty (50) days after the last pub- lication of said Notice. Sec. 20 Deadline of Redemption. At any time after an application for a tax deed has been made, and before ten o'clock in the forenoon on the date of the sale, the owner, mortgagee, or other person interested in the lands des- cribed may redeem same in the Office of the City Clerk by paying to the City Clerk the amount required on the tax Art. XIX CAPE CANAVERAL CHARTER Art. XIX sale certificates and subsequent and omitted taxes, and the amount paid by the applicant for the redemption of other tax sale certificates on the same property, plus interest on the total sum at the rate of eight percent (8%) per annum for one (1) month. Sec. 21 Land Sold at Public Auction, All land ad- vertised for sale, unless redeemed as provided in this Charter shall be sold at Public Auction by the City Clerk at the City Hall in the City of Cape Canaveral and such sale shall be held only on the first Monday in each month, beginning at one o'clock p.m. At such time and place the City Clerk shall read the Notice of Sale to the highest bidder for cash, at public outcry. The amounts required to redeem the tax certificate and sub- sequent and omitted taxes and the amount paid by the applicant for redemption of other tax certificates on the same property, plus the amounts paid by the holder thereof to the City Clerk of fees and costs of sale, plus interest on the total sum at the rate of eight percent (8%) per annum for one (1) month, shall be con- sidered the bid of the certificate holder for the property, and if there be no higher bids the property shall be struck off and sold to such certificate holder, whether he be present or not. If there be other bidders, the certificate holder shall have the right to bid as others present may bid, and the property shall be struck off and sold to the highest bidder. Sec. 22 Property Purchased by Other Than Certificate Holders. If the property shall be purchased at said Public Auction by any person other than the certificate holder, the City Clerk shall forthwith pay back to the certificate holder the amounts required to redeem the certificates and subsequent and omitted tax liens, plus the cost and expenses of the application for tax deed, and interest on the total of such sums for one (1) month at the rate of eight percent (8%) per annum. The balance of the purchase price shall be retained by the City Clerk and Notice forthwith mailed to the owner of such lands, if his address be known to the City Clerk, that this sum will be paid to him upon demand, and signing of .proper receipt upon form provided. If the owner be dead, such amount may be paid to the proper representative of the estate. The entire balance shall be paid to the owner, less the sum of twenty-five (25) cents on each hundred dollars or fraction thereof, which the City Clerk may retain to reimburse himself for postage, notices and keeping account of such funds. Art. XIX CAPE CANAVERAL CHARTER Art. XIX Sec. 23 Unclaimed Tax Sale Funds. The City Clerk, if on the first day of January of each year, he shall have on hand any funds belonging to the owners of lands that have been sold for taxes, and which funds have remained unclaimed for longer than three (3) months, shall publish a notice in a newspaper published in the County of Brevard, Florida, to the effect that he has on hand such funds and that un- less the owner shall apply for same on or before thirty (30) days from the date on which the notice is published, such funds will be paid into the general funds of the City of Cape Canaveral. Such notice shall be published in one (1) issue of such newspaper. After the funds have been paid into the general funds of the City, the owner may within one (1) year from the date of sale, make application to the City Council for such funds, and the City Council may, if satisfied that the applicant is entitled to such funds, order a draft to be drawn for the amount due the applicant, less the sum of One Dollar ($1.00) on each hundred dollars or fraction thereof, which shall be re- tained by the City to cover the expenses of the City. If no application for such funds be made within the specified period, all claims to such funds are hereby declared to be forever barred and such funds shall become the property of the City of Cape Canaveral. Sec. 24 Tax Deed Form. All tax deeds shall be issued by the City Clerk of the City of Cape Canaveral, and the City Clerk shall cause such tax deeds to be issued to the highest bidder at the sale, as provided herein, and such tax deeds shall be substantially in the following form: STATE OF FLORIDA COUNTY OF BREVARD CITY OF CAPE CANAVERAL TAX DEED KNOWN ALL MEN BY THESE PRESENTS: That whereas Tax Certificate No. , issued on the day of , 19 , was duly filed in the office of the City Clerk of the City of Cape Canaveral, a municipal corporation in Brevard County, Florida, and application was duly made for the issuance of a tax deed based there- on; and the applicant having paid or redeemed all other taxes, fees, and costs, on the land hereinafter described required to be paid or redeemed, and the applicant having paid the costs and expenses of this sale, and due notice of sale having been published by the law, and no person entitled so to do having prepared to redeem said land, Art. XIX CAPE CANAVERAL CHARTER Art. XIX such land was on the day of , 19 offered for sale at 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 and assigns for- ever, to their own proper use, benefit and behalf, the following land situated in the City, County and State aforesaid, and described as follows: PROVIDED, HOWEVER, that said land shall continue sub- ject and liable for any unpaid taxes or assessment liens thereon not included herein. IN TESTIMONY WHEREOF, by virtue of the authority in me vested by law and for and on behalf of the City of Cape Canaveral, I, the undersigned, as City Clerk of the City of Cape Canaveral, a municipal corporation in Brevard County, Florida, have executed this deed and have there - unto set my official signature, and the Seal of the City of Cape Canaveral, this the day of 19 CITY OF CAPE CANAVERAL Signed, sealed and A MUNICIPAL CORPORATION delivered in the OF BREVARD COUNTY, presence of: FLORIDA By City Clerk All such tax deeds shall be duly acknowledged and shall be prima facie evidence of the regularity of all proceed- ings from the valuation of the land by the Assessor to the issuance of such tax deed, inclusive. Sec. 25 Disposing of City -Owned TaxDeeds; Land. After the City has obtained a tax deed to any lands, the City may sell and dispose of said lands for such amounts as the City Council shall determine, and issue deeds therefor. Art. XIX CAPE CANAVERAL CHARTER Art. XIX Sec. 26 Limitation on Suits to Recover Lands Sold for Taxes. The former owners or others having or claiming by, through or under them any interest in lands upon which a City Tax Deed is issued, shall have a period of one (1) year from the time such Tax Deed is recorded in the Office of the Clerk of the Circuit Court of Brevard County, Florida, to bring suit to recover such land or to set aside such Tax Deed, and on failure to assert such right within such time, shall be forever barred and foreclosed of claims or interest in and to said lands, and no Court of this State, either Federal or State, shall thereafter entertain any suit brought by any owner or anyone claiming by, through, or under him for the purpose of questioning, litigating or contesting the title of the grantee or his assigns to said land. Sec. 27 Foreclosure of Tax Sale Certificates. City of Cape Canaveral, or any holder of a City of Cape Canaveral tax sale certificate, is hereby authorized to file a com- plaint in Chancery to foreclose the lien of such tax sale certificate, pursuant to the practice, pleading and pro- cedure for foreclosure of mortgages on real estate, except that no personal judgment shall be given. No suit shall be brought on any tax sale certificate until after the expira- tion of two (2) years from the date of the certificate. A complaint shall be sworn to, and shall briefly set forth the fact of the issuance of the City tax sale certificate and a statement of searches, and the fact the complainant has paid and redeemed all omitted and subsequent City of Cape Canaveral taxes and tax liens and interest thereon, whether held by the City or an individual. The complaint shall briefly set forth the fact of the issuance of the tax sale certificate and shall allege the amount required to redeem the same, including all omitted subsequent taxes and interest thereon. As many tax sale certificates may be included in one suit as the complainant may desire, and as many parties may be made defendant as may be necessary. The complainant shall be entitled to recover abstract costs, and a reasonable attorney's fee, such fee to be fixed by the Court. Suits on tax sale certificates held by the City for its own use, and the costs of the suits and attorney's fees, if not paid out of the proceeds of the sale, shall be paid by the City. Sec. 28 ' Final Decree. The final decree in any such action shall determine the amount due on the sale cer- tificate and omitted subsequent taxes and subsequent tax sale certificates, including a reasonable attorney's fee and costs, and the property described in the certificate Art. XIX CAPE CANAVERAL CHARTER Art. XIX shall be ordered sold, and shall be sold to satisfy the decree in the same manner as in -the foreclosure of mort- gages on real estate, and such decree shall have the force and effect of a decree foreclosing a mortgage on real es- tate. Any surplus remaining from any such sale shall'be deposited with the Clerk of the Court, and shall be dis- bursed under order of the Court. Sec. 29 Sale of Land to City in City Foreclosures. At any sale under final decree in any such action commenced by the City of Cape Canaveral, if no one bids a sufficient sum to pay the full amount of such decree, interest there- on and subsequent costs, the Special Master, or the Clerk of the Circuit Court conducting the sale shall announce that the land is sold to the City of Cape Canaveral, a municipal corporation in Brevard County, Florida, for the amount of the decree, interest and costs. In such event the costs and expenses of such suit and sale shall be paid by the City from the General Fund. The City shall be entitled to writ of possession as in the case of a sale under decree foreclosing real estate. Sec. 30 Master's Deed. The purchaser at any sale in suits for the foreclosure of tax certificates shall be entitled to a Master's Deed, or Clerk's Certificate of Sale and Clerk's Certificate of Title, and the same pro- cesses and remedies to obtain possession of the premises as in suits for the foreclosure of mortgages. Title to the land conveyed by such .Master's Deed or Clerk's Cer- tificate of Title shall be indefeasible as to all parties defendant in the action. Sec. 31 Sale of City -Owned Land Obtained by Foreclosure. After the City has obtained a Special Master's Deed or Clerk's Certificate of Title, the City may sell and dispose of such lands for such amount as the City Council shall determine, and issue deed therefor. Sec. 32 Tax Sale Certificates Validated. All tax sale certificates now held and owned by the City or by any per- son, firm, or corporation, which are purportedly invalid or voidable on account of any matter or thing not affecting the right and authority of the City to levy and collect the taxes evidenced by such certificates are hereby validated and made legal to the extent of any lien evidenced thereby, insofar as it is competent for the Legislature of the State of Florida to do so. Art. XIX CAPE CANAVERAL CHARTER Art, XIX Sec. 33 Tax Sale Certificate Evidence. Tax sale certificates, signed by the City Tax Collector, shall be admissible in evidence and shall be prima facie valid. Sec. 34 Illegal Tax Sale Certificates. If any Court shall determine that any tax, tax sale certificate, or portion thereof is illegal,. the Court shall enter a decree for such taxes, or portion thereof, as may be due and un- paid, with penalty, interest and costs, and in such cases shall make such orders as to costs and attorney's fees as shall appear to be reasonable and just. Sec. 35 Fees to Tax Collector and Clerk. The City Tax Collector and City Clerk of City of Cape Canaveral shall charge fees for the hereinafter stated services per- formed by them, as set forth in the following schedule of fees, to -wit: Redemption of each tax sale certificate and subsequent taxes $.1.00 Sale and Assignment of each Tax Sale Certificate and subsequent taxes -• -• 1.00 Issuance of Tax Deed (one description) - - - - 1.00 For each additional description 1.00 Issuance of Duplicate Tax Sale Certificate - - 1.00 Registration of Transfer and Assignment of Tax Sale Certificate 1.00 For Conducting Tax Deed Sale and mailing notice - 5.00 Mailing of notice of sale at request of owner, for each copy .25 Payment to owner of proceeds of Tax Deed Sale (for one hundred dollars or fraction thereof) .25 Cancelling tax sale certificates on County record .25 Issuance of warrant to land owner for proceeds of tax deed sale previously deposited in General Fund, after publication of Notice, on each hundred dollars or fraction thereof 1.00 Art. XIX CAPE CANAVERAL CHARTER Art. XX Sec. 36 State!Statutes Applicable. The provisions of General Laws of Florida, relating to assessment and col- lection of taxes by municipalities, where not inconsistent with the provisions of this act, shall be applicable. ARTICLE XX FINANCING PUBLIC IMPROVEMENTS Sec. 1 Bonds Authorized. The City of Cape Canaveral shall be authorized and empowered to issue negotiable bonds of the City for the purpose of opening, constructing, ex- tending, comparing, reconstruction or improving streets, alleys, lanes, roads and sidewalks, curbs, gutters, storm sewers, sanitary sewers; establishing, constructing and improving parks, playgrounds, public buildings, wharves, piers, docks, bridges, causeways, seawalls, breakwaters and harbor improvements, and reclaiming, filling or other- wise improving low, wet or overflowed lands and the water- front within the City limits, for establishing, maintaining, and equipping a fire department, police department, san- itary department, and a system of sewage disposal and sanitation, or for the purpose of purchasing, constructing, extending or improving water works, electric light plants, gas plants, ice plants, cold storage plants, transportation system, airports, or for any other public purpose in which the City of Cape Canaveral is authorized to engage under this act or the laws of the State of Florida. Sec. 2 Taxation for Bond Payment. The City Council is hereby authorized to provide the issuance of negotiable bonds of the City, under the Seal of the City, for any of the purposes aforesaid, which shall be payable from tax- ation and for the payment of which the full faith of the City is pledged, in an amount never to exceed twenty per- cent (200) of the total assessed valuation of all taxable property, both real and personal, within the limits of the said City, (the assessed valuation being the assessment made by the City of Cape Canaveral for the purpose of municipal taxation, and the said limitation of twenty per- cent (20%) to be thus limited regardless of the value which may be placed upon said property for the purpose of County taxation); provided, in computing the said limitation all refunding bonds, revenue bonds and public improvement certificates or other obligations secured by the lien of assessmentsfor public improvements, and all public utility revenue bonds or certificates shall be excluded. Art. XX CAPE CANAVERAL CHARTER Art, XX 6 Sec. 3 Revenue Bonds Authorized for Public Improvements. The City of Cape Canaveral shall be authorized and empowered to issue bonds or public improvement certificates in any manner and for any purpose provided by law, payable solely or in part from special assessment for public improvements, and for which the full faith and credit and the taxing power of the City shall not be pledged. Sec. 4 Revenue Bonds Authorized for Public Utilities. The City Council shall be authorized to issue bonds or revenue certificates for the purpose of constructing, ex- tending, enlarging or improving public utilities or plants, or distribution systems, or for providing public services, which are payable only from the revenues of public utilities owned or operated by the City and not payable from ad valorem taxation. Sec. 5 Freeholders Election Required for General Obli- gation Bonds. No bonds shall be issued for the payment of which the general taxing power or full faith and credit of the City shall be obligated, unless the same shall have been approved by the majority of the freeholders who are qualified electors residing in the said City. An election for this purpose shall be held in the manner provided by law. Sec. 6 No Election Required for Revenue Bonds. Any bonds or public improvement certificates payable from assessments or public utility revenue may be issued in the manner provided by law for said purposes, and no election shall be required for the issuance of any of the same unless an election shall be required under the pro- visions of the Constitution of the State of Florida governing the issuance of bonds by municipal corporation. Sec. 7 Bond Election for Multiple Improvements. If an election is required for the issuance of any bonds or certificates of indebtedness and the City Council shall determine to issue bonds or certificates of indebtedness for more than one different purpose, the approval of the issuance of bonds for each and all such purposes may be submitted to the freeholders on one and the same ballot, and the ballot to be used shall be such as shall give to the said freeholders an opportunity to vote for or against the issuance of bonds or certificates for each of the said purposes; and the failure of the freeholders to approve the issuance of bonds or certificates for any one or more purposes shall not defeat the approval of bonds or cer- tificates for any purpose which shall be approved by the freeholders. 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 fixed by the City Council, not exceeding the prevailing 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, §1, 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 directly or in- directly interested in the purchase from the City of any bonds or other obligations of the City, nor any such person be directly or indirectly interested in any contract to be issued by the City in excess of One Hundred dollars ($100.00) PAGE REVISED 19 FEB 85 Art. XX CAPE CANAVERAL CHARTER Art. XXI 7, 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 for a recall of any officer or officers elected under this act, it shall become the duty of the City Council to call an election within thrity (30) days after the presentation of the petition or petitions to fill the place or places of any officer or officers sopeti- 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 CAPE CANAVERAL CHARTER Art. XXI '7 A. Malfeasance B. Misfeasance C. Nonfeasance Sec. 12 Initiative Petition for Ordinance. Any law- ful ordinance, including ordinances for the repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Council by a petition, signed by at least twenty-five percent (25%) of the total number of registered voters in the City. All petitions circulated with respect to any proposed ordinance shall set out the proposed or- dinance in full and shall have printed or written there- on the name of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purpose hereinafter named; each signer of the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The sig- natures to any petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the pres- ence of the affiant on the date indicated. Sec. 13 Filing of Initiative Petition. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty (30) days of the first signature thereon, and when so filed the City Clerk shall submit the same to the City Council at its next regular meeting and provisions shall be made by the City Clerk for public hearing upon the proposed ordinance. Sec. 14 Procedure on Initiative Petition. The City Council shall at once proceed to consider such petition. and shall take final action thereon within thirty (30) days after the date of submissions .__,If_theR-City._Gouncil x ea. csts=any -of7.201 tMlonsw of t-he= proposed =o A4eT , as set forth in the etition, t?re�i$�-y�xGrh`a1`at oncpi7Fay.se=no=t=—the i li-ng=of:-c_L Ghh_Peti±tIo4nlan 6=1-11:e reas].o=thy Lty=Council toa=s-sarr=ar_d�nanc_a y--t. ep�as�� sd=►_n=a- newspaper `'pii=bl�'dintl�"e'"rant Brevard, Florida, and the City Council shall at once pro- ceed to submit the passage of the ordinance to the majority 7 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:)_da-_y_s-befor_e_s_u_ch el-ect- on=the==C lerk-shall taus:e the7 text o -- the 'ob dinance to be published in a newspaper of general cir- culation published in the County of Brevard, Florida. Sec. 15 Petition Effect on Pending Ordinance. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the initiative referendum has been held and the provisions of the original ordinance upheld. Sec. 16 Referendum Ballot Form. Referendum elections pursuant to the initiative petition shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon itthe title of the ordinance to be referred, below which shall be two lines in the fol- lowing form: FOR THE ORDINANCE AGAINST THE ORDINANCE The voter shall express himself by placing a cross (X) mark to the right of the line indicating his desire in the matter. Sec. 17 Repeal of Ordinances Adopted by Referendum. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the City; provided, that no later than fifteen (15) days before such election the City Council shall cause notice of such reference to be published in a newspaper of general circulation pub- lished in the County of Brevard, Florida, using only the title of such ordinance in the notice if it is to be re pealed, but the amendment in full if it is to be amended. Said notice to be posted in three public places if there be no newspaper published in the city. Art. XXI CAPE.CANAVERAL CHARTER Art. XXII Sec. 18 City Attorney to Draft Ordinances. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five. Sec. 19 Filing Fee. The City Council shall provide by ordinance for a filing fee for all candidates qualify- ing to have their names placed on the election ballot, said fee not to exceed Fifteen Dollars ($15.00) for each candidate. ARTICLE XXII ABATEMENT OF NUISANCES Sec. 1 Structures. The existence of dilapidated, un- sanitary or unsafe buildings or structures constitutes a menance to the public health and safety, and as such they are hereby declared to be a nusiance. The City Council shall have the power and authority to abate such nuisances by condemning and ordering to be demolished or removed, or put in a state of sound repair, any and all dilapidated, unsafe or unsanitary buildings or structures. Sec. 2 Wet Lands. The existence of marsh, swamp, wet or overflowed lands provides breeding places for mosquitoes and dangerous reptiles, produces unpleasant odors, stenches and smells, and is otherwise dangerous to the health, com- fort, convenience and general welfare, and such lands are hereby declared to be nuisances. The City Council shall have the power and the authority to abate such nuisances by requiring the owner of any marsh, swamp, wet or over- flowed land to ditch, drain or fill the same. Sec. 3 Refuse. The presence of garbage, refuse, surface closets, dead animals, trash, waste and unused lumber or other waste material, sawdust or debris of any kind, or woods or high grass produces and harbour 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 15 Art. XXII CAPE CANAVERAL CHARTER Art. XXII kind, and to cut to a height of not more than four (4) inches from the ground all weeds or grass, and to remove the same from said lands. Sec. 4 Procedure to Abate Nuisance. If any officer of the City shall find any nuisance, as set forth in this Article, to exist on any lands within the City, he is hereby authorized and empowered and directed to give the owner of such land notice to abate nuisances or to show cause before the City Council of the City of Cape Canaveral, at a time and place to be designated and specified in said notice, not less than ten (10) days from the date of ser- vice thereof, why the same should not be declared to be a nusiance and abated. Such notice may be served upon said owner by any officer or agent of the City, either personally or by mail. Said hearing may be adjourned by the City Council from time to time. At such hearing the City Council shall give to the said officer and said owner of said property a full opportunity to be heard and to present any evidence relating to the condition of said property, and the conditions causing such nuisance, and may, if deemed advisable, make a personal inspection of the property. If, upon the hearing of such evidence, or upon such personal inspection, the City Council shall de- termine that a nuisance exists, it may enter an order re- quiring the owner to abate said nuisance within a reason- able time, not less than ten (10) days nor more than thirty (30) days from the date of such order. Sec. 5 Procedure as to Unknown Property Owners. If the name of the owner of said property is unknown to the officer of the City who shall find the nuisance to exist on said property, or the home of such owner is unknown to the City Clerk of the City of Cape Canaveral, or the name of the owner is known and the address of said property owner is unknown to such officer or City Clerk, the notice provided in Section 4 may be served upon the owner of said property by posting a copy of the same upon the property not less than ten (10) days before the date of hearing, and such notice by posting shall be sufficient to author- ize the City Council to proceed in the manner provided by Section 4. Sec. 6 Majority of Council may Act. In any proceeding had under this Article a majority of the City Council may act, and the presence of the full Council shall not be required. Sec. 7 One Order Affects Several Parcels. Where notice shall have been given in the manner provided herein to the Art. XXII CAPE CANAVERAL CHARTER Art. XXII 7 owners of more than one parcel of property, the City Council may in one order determine that said nuisance exists as to all of said properties, and may in one order require each owner to abate said nuisance as to his property, and it shall not be necessary to enter separate orders on each parcel of property. Sec. 8 Authority of City Council - Penalties. The City Council shall have the authority and power to provide pen- alties by fines or imprisonment, or by both fine and im- prisonment, for the violation of any order so entered. Sec. 9 Failure to Comply with Order. If any owner of any property shall fail to comply with the order of the City Council within the time specified in said order, the City, acting by and through any officer, agent or employee, may enter upon the property where said nuisance exists, and may do all acts necessary to abate such nuisance, and expend such sum of money in doing such work as may be re- quired to abate such nuisance at the expense of the owner thereof, and may charge or assess the said property and the owner with the actual cost of labor performed and materials furnished in abating said nuisance, together with ten percent (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 fact and date of payment thereof, and such entry of payment by the City Clerk shall constitute a discharge of the lien. Sec. 10 Validity of Liens. Any liens herein provided for shall not be set aside or declared invalid because of any informality or irregularity in the proceedings, pro- vided the notice required by Section 4 and Section 5 of this Article shall have been given. The entry of such Art. XXII CAPE CANAVERAL CHARTER Art. XXII lien shall be competent and sufficient (evidence) and prima facie evidence of the necessity for, and the legality of the work done, and the correctness of the amount claimed by the City for such work and of the lien for the same. In any suit brought to enforce said lien no defense shall be available to the owner or other defendant except the defense that the nuisance found by the City Council to exist did not exist, or that the same had been abated by the owner of the property prior to the abatement of such nuisance by the City, or that the amount claimed by the City to be due for the cost of abating said nuisance was not expended by the City, or that such amount had been paid, and the burden of affirmatively alleging and proving such defense shall be upon the defendant. Sec. 11 Failure to Pay Amount Assessed for Lien. If the owner of any property subject to such a lien for the abatement of a nuisance, as herein provided, shall fail to pay the amount assessed against said property for the expense of abating said nuisance, as herein provided, with- in thirty (30) days after the same shall have been assessed, the City Clerk shall be, and is hereby, authorized and directed to deliver to the City Attorney a certified copy of said entry of lien for collection; which certified copy of said entry shall be prima facie evidence of the contents of said entry of lien and of the effects thereof, as provided in this Article. The City Attorney, upon receiving such certified copy as aforesaid, shall be, and he is hereby authorized and directed to bring in the Circuit Court for Brevard County, Florida, a bill in equity to foreclose the said lien, which bill in equity shall briefly allege the City's claim of lien against the real estate described, shall briefly allege the giving of the notice and the entry of the order for the abatement of said nuisance, the fail- ure of the owner to abate the same, and the abatement of the same by the City, the expense of such abatement, and the entry of the lien therefor, and the failure of the owner to pay the same. The service of the suit, the pro- ceedings therein, and the sale of said property in said foreclosure proceedings shall be the same as is provided by law for the foreclosure of liens for taxes by the City, which are hereby made applicable to suits to foreclose the liens provided by this Article. A sale of said property in said foreclosure proceedings shall divest the title of the owner thereof and the claims of all persons holding liens on said property, and vest the same in the purchaser in the same manner and to the same effect as suits to fore- close liens for taxes. Art. XXII CAPE CANAVERAL CHARTER Art. XXIII Sec. 12 Attorneys Fees. The City Attorney shall be en- titled to a fee of five percent (5%) of all amounts of liens and interest collected by him without suit, which shall be added to the amount of the lien, and in all suits to fore- close said liens wherein the City shall prevail he shall be entitled to a reasonable attorney's fee, to be fixed by the Court and to be taxed as a part of the cost, which allowance to the City Attorney shall be regarded as further penalties for the nonpayment of the said lien within the time prescribed by law. If the City Attorney shall procure information from an abstract company as to record ownership of, or mortgages or liens upon any land, the liens on which have been certified for collection, the amount so paid to such abstract company for such information shall be in- cluded in the cost in the event of foreclosure. Sec. 13 Complaint to Foreclose Lien. The City Attorney, in foreclosing said liens, may include in one bill of com- plaint as many parcels of land and as many and varied de- fendant owners, mortages and other lien holders as may be deemed necessary and advisable by the City Attorney, and may include the foreclosure of such liens in a bill of complaint seeking the foreclosure of taxes. No such bill of complaint shall be deemed multifarious, and it shall be no objection to the same, that liens upon more than one parcel of land, or liens for taxes, or more than one de- fendant, are included in the same bill of complaint. ARTICLE XXIII EXTENSION OF THE CORPORATE LIMITS Sec. 1 Methods of Annexation. The corporate limits of the City of Cape Canaveral may be extended and enlarged as follows:. 1. Under the procedure for the annexation of contiguous lands as provided in the general laws of the State of Flor- ida; or 2. The City Council may by resolution, annex lands which are contiguous to the corporate limits of the City upon written request of the owner (or all the owners if there are more than one) of such lands, and such resolution shall become effective upon its adoption and no land shall be annexed by this method except lands owned by the person requesting such annexation; or Art. XXIII CAPE CANAVERAL CHARTER Art. XXIV 3. Upon written request of ten percent (10%) of the qualified electors residing in any area contiguous to the corporate limits of the City, the City Council may call an election, at which election the question of whether or not the said area should be annexed by and brought within the corporate limits of the City of Cape Canaveral shall be voted on by the qualified electors residing in the area. If a majority of the votes cast in the saidelection are in favor of such annexation by the City, the City Council may, by resolution, annex the said area and no publication of said resolution shall be required, and it shall become effective upon its adoption. The election held under this paragraph shall be held and conducted in the same manner as regular municipal elections under this act; and the term "qualified elector" as used in this.. paragraph is hereby defined as: a freeholder registered in Brevard County, Florida, and residing in the said area considered for annexation. 4. Upon the request by written petition subscribed by a majority of the registered resident freeholders residing within an area described in the petition and contiguous to the corporate limits of the City, the City Council may by resolution annex the said area and bring the,lands as des- cribed in the petition within the corporate limits of the City. A copy of the resolution shall be published at least once a week for two (2) consecutive weeks in a news- paper published in Brevard County, Florida, and having a general circulation in the City, and said resolution shall become effective ten (10) days after the last publication thereof. The term "registered resident freeholder" as used herein is hereby defined as a person registered to vote in Brevard County, Florida, residing within the area described in the petition and owning real property situated within the said area described in the petition. ARTICLE XXIV MISCELLANEOUS Sec. 1 Building Codes. The City Council of the City of Cape Canaveral shall have the power to adopt a building code, an electrical code and a plumbing code not inconsis- tent with the laws of the State of Florida, in the premises, regulating the manner of construction of buildings and ma- terials used in the wiring and plumbing of any building or other structure in the City, and to provide penalties for the violation of such codes. Art. XXIV CAPE CANAVERAL CHARTER 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 beheldto affect any other section or provisions of this act contained, but such other sections or provisions shall remain in full force and effect as if the sections or provisions adjudged unconstitutional or inoperative had not been originally incorporated in this act. Sec. 3 Transfer of Records. All records, property and equipment whatsoever of any office, department, board, commission or agency, all the powers and duties of which are assigned to any other office, department, board, com- mission or agency by this act, shall be transferred and delivered to the office, department, board, commission or agency to which such powers and duties of any office, department, board, commission or agency are by this act assigned to another office, department, board, commission or agency, and all records, property and equipment relating exclusively thereto shall be transferred and delivered to the office, department, board, commission or agency to which such powers and .du.ties. are so. assigned. Sec. 4 Procedure for Passage of Ordinances. 1. First Reading. Every ordinance shall be introduced in writing, and after passage on first reading shall be publicly posted at the City Hall, together with a Notir. of the City Council meeting when it will be giver 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 Nov1981] 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, CAPE.:CANAVERAL CHARTER Art. XXIV caused -the= -_ amended ==sections_ to be- posted= at; .least oncer---z=. together with =a Notice -'of the Council-meeting-:whensucr Wended ordinance_ `wil1`be- further considered,==which= post ing-sha31 be -for a"period of at least five-(5) days prior to the time stated. At the Council meeting so posted, or at any Council meeting to which such meeting shall be ad- journed, the amended ordinance shall be read in full, and a public hearing thereon shall be held, after such hearing the City Council may finally pass such amended ordinance, or again amend it subject to the same conditions. The second passage of any ordinance pursuant to this act shall be final and no further passage shall be required. 4. Emergency Ordinance. The City Council may by un- animous vote of the Councilmen present at any meeting of the City Council waive the time and notice requirements herein provided for the passage of ordinances, and may thereupon pass an ordinance following its first and second reading at the same meeting of the City Council at which the ordinance was introduced,` provided, however, that any such ordinance passed at the same meeting at which it was introduced shall be captioned as an Emergency Ordinance and.. it shall be temporarily effectiie for a period of not more than thirty (30) days from the date of its passage. If the emergency ordinance is not thereafter passed in the regular manner, as herein provided, and all time and notice requirements are not complied with within the said thirty (30) day period- following its first passage as an Emergency Ordinance, the said Emergency Ordinance shall expire at the end of the thirty (30) day period. The City Council may pass an Emergency Ordinance whenever, in the opinion of the City Council, the public welfare will be best served by the passage of an Emergency Ordinance. 5. Execution of Ordinances. Each ordinance enacted by the City Council shall be signed by the Mayor, shall be attested by the City Clerk and sealed with the corporate seal of the City, and shall be approved by the City Attorney as to form and legality; however, failure of the City Attorney to so approve an ordinance shall not affect its validity. 6. Publication or Posting of Ordinances after Final Passage. The City Council may designate the method of publication or posting of each ordinance in the ordinance, and in the absence of such designation in the ordinance, the method of publication shall beposting a copy thereof on _the_bulletin-boar d;-at=City--Hall=for:. a period of : ten (10)- days _However,= all ordinances: levying =':taxes shall;:.bE Art. XXIV• - CAPE CANAVERAL CHARTER Art. XXIV ublished";one t tune P_ e amewsPaPer of._ eneral circuiaion _ t�- g. the_ City— and published ,in Brevard ..- County. __Except =as _to_ ordinances levyrng -taxes it :-shall- not be necessary =to 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 are, hereby made a part of the Charter. Sec. 6 Conflicting Laws. That all laws and parts of laws in conflict with the provisions of this act be and the same are hereby repealed. Sec. 7 Investigative Procedures. The City Council, or any committee thereof, or any advisory board appointed by the City Council for such purpose, shall have power at any time to cause the affairs of any department or the conduct of any officer or employee under their jurisdiction to be investigated; and for such purpose shall have power to compel the attendance of witnesses and the production of books, papers and other evidence; and for that purpose may issue subpoenas or attachments which shall be signed by the president or chairman of the body, or by the officer making the investigation, and shall be served by an officer authorized to serve such process. The authority making such investigation shall have power to cause the testimony to be given under oath, such oath to be 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, papers or other evidence as ordered under the provisions of this Section shall constitute a misdemeanor and shall be punishable by a fine not to exceed Five Hundred Dollars ($500.00) or by imprisonment not to exceed sixty (60) days, or both. Sec. 8 Nepotism. No member of the immediate family of the Mayor or a member of the City Council shall be eligible to hold REVISED -PAGE-= 12-1-92 Art. XXIV.. CAPE CANAVERAL CHARTER Art. XXIV a salaried position, with_•the_=City of Cape Canaveral No -member of - thee 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 district must declare under oath that no immediate family member is :the Mayor, a member of the City Council, or a member of anysuch board, commission or special district in order to 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 Governmentbecause 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 invest gat-e,=athe--matter:-k-Upon -nreceivng-such--not ice ; the City, - Council- shall -have the =r ght- to -investigate the matter, and it make_=sucir-=reasonable settIement= of an each: damage _as- ma -- - e-- -- �= Y- - 5 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 with the 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 CHAPTER 201 RECORDS § 201.03 Sec. 201.01 Authorizing Destruction of Certain Records. The City Council of the City of Cape Canaveral, Florida, has found and determined that certain classes or groupings of records of the City, as set forth in the schedule en- titled "Records Which are No Longer Required for Permanent Retention," which schedule by this reference is made a part hereof, are not required for permanent retention by the City after periods of time indicated. [Ord. No. 3-69, § 1, 20 May 1969] Sec. 201.02 Procedure. The procedure to destroy any of the classes or groupings of records listed on the aforesaid attached schedule shall be as follows: (A) The City Clerk shall prepare or cause to be prepared an index or schedule of the records to be destroyed or cre- mated describing generally by classes or groupings only those records to be destroyed and shall submit same in duplicate for the approval of the City Auditor and City Manager. (B) In accordance with Chapters 119 and 267 of the Florida Statutes and any regulations promulgated by the Florida Board of Archives and History, the City shall obtain con- sent of said Board of Archives and History. The City shall comply with any and all requirements, regulations and rules set forth by the Florida Board of Archives and History re- garding the keeping and/or destroying of public records. (C) After receiving consent from the Florida Board of Archives and History, the City Clerk may proceed with the destruction. Upon destruction of any such records, a cremation or destruction certificate shall be executed by the City Clerk and shall be placed on file in the office of the City Clerk and there retained as a permanent record of the City of Cape Canaveral. [Ord. No. 3-69, § 2, 20 May 1969] (D) Sec. 201.03 Schedule of Records Admissible. Any such index or schedule as described shall be admissible in any court of competent jurisdiction or in any proceeding before any administrative board, tribunal, bureau, agency or officer of government or in connection with any transaction, as prima facie evidence of the record or records so cremated or destroyed when the index or schedule, or the appropriate portion thereof, is certified to under the hand and seal of the City Clerk of the City of Cape Canaveral, Florida. [Ord. No. 3-69, § 3, 20 May 19691 § 203.01 PUBLIC RECORDS PROCEDUE CHAPTER 203 UNIFORM PUBLIC RECORDS PROCEDUE § 203.04 Sec. 203.01 Short Title. This Chapter may be refer- red to as "The Uniform Public Records Procedure Code." [Ord. No. 30-73, § 1, 17 July 1973] Sec. 203.02 Uniform Mailing Address Required. All officers and officials in their official capacity of the City of Cape Canaveral shall use the mailing address of "105 Polk Avenue, Cape Canaveral, Florida 32920" for the receipt of all documents, papers, letters, or other ma- terials classified as public records under § 119.011, Florida Statutes, and subject to public disclosure. [Ord. No. 30-73, § 2, 17 July 1973] Sec. 203.03 Cape Canaveral Post Office to be Notified. The Postmaster of the Cape Canaveral Branch of the U. S. Postal Service shall be notified in writing by the City Clerk that all mail directed to officers and officials of the City in their official capacity, except books for the Cape Canaveral Public Library, shall be delivered to the City Clerk at 105 Polk Avenue, Cape Canaveral, Florida 32920. [Ord. No. 30-73, § 3, 17 July 1973] Sec. 203.04 City Clerk to Open and Log Incoming Public Records. All incoming documents, papers, letters or other material classified as public records under § 119.011, Florida Statutes, and subject to public disclosure shall be (A) Opened by the City Clerk, (B) Stamped to note the date and time of receipt. (C) Stamped with a permanent, unique log number, and (D) Entered into a log noting material source and sub- ject, and routing. [Ord. No. 30-73, § 4, 17 July 1973] (E) Notwithstanding the provisions set forth above, all incoming documents, papers, letters and other material addressed to the Police Department of the City of Cape Canaveral shall not be opened and logged by the City Clerk. All such addressed mail shall be delivered directly to the Police Department where same shall be logged pursuant to the provisions of this Ordinance. [Ord. No. 18-75, § 1, 5 August 1975] § 203.04 PUBLIC RECORDS PROCEDURE § 203.08 (F) Notwithstanding the provisions set forth above, all incoming documents, papers, letters and other material ad- dressed to the Cape Canaveral Public Library shall not be opened and logged by the City Clerk. All such addressed mail shall be delivered directly to the Cape Canaveral Public Library where same shall be logged pursuant to the provisions of this chapter. [Ord. No. 30-73, 17 July 1973, amended by Ord. No. 7-76, § 1, 13 April 1976] Sec. 203.05 Retention of Incoming Public Records. The City Clerk shall retain and file as provided in § 203.11 below, the original of all incoming public records and promptly forward a copy to the indicated or appropriate City office or official, except (A) If required by law to do otherwise, the City Clerk shall retain a copy and forward the original. (B) If in the opinion of the City Clerk the public record can be acted upon and returned by the officer or official within twenty-four (24) hours. (C) If in the opinion of the City Clerk the duplication cost would be excessive, only the cover letter shall be retained. (D) If the City Clerk had delegated certain records keeping responsibilities to other officers or officials. [Ord. No. 30-73, § 5, 17 July 1973] Sec. 203.06 Uniform Mailing Required. All officers and officials of the City of Cape Canaveral in their official capacity shall furnish to the City Clerk un- sealed, all documents, papers, letters, or other materials classified as public records under § 119.011, Florida Statutes, and subject to public disclosure which are to be mailed. (Ord. No. 30-73, § 6, 17 July 1973] Sec. 203,07 City Clerk to Log Outgoing Records, All outgoing documents, papers, letters, or other material classified as public records under § 119.011, Florida Statutes, and subject to public disclosure, shall be stamped with a permanent, unique log number and entered into a log noting material destination and subject. [Ord. No. 30-73, § 7, 17 July 1973] Sec. 203.08 Retention of Outgoing Public Records Copies. The City Clerk shall retain and file as provided below, a copy of all outgoing public records and promptly mail the original, except: 18 § 2 0 3 .. 0 8 I PUBLIC RECORDS PROCEDUE § 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 § 119.011, Florida Statutes, and subjectto public disclosure shall be treated in the same fashion as out- going materials in § 203,06 - 203.08 above, with the additional exception of § 203.05 (B) above. (Ord. No. 30-73, § 9, 17 July 1973] Sec. 203.10 Policy Established as to Communications. All communications properly classified as interoffice or interdepartment directives shall be in writing, except that if the immediacy of the action necessary requires a verbal directive, a written equivalent shall be forwarded within twenty-four (24) hours. This section shall not apply to exisitng normal functions, although the keeping of written records is encouraged. The implementation of all new functions, policies, or programs shall, how- ever, be by written directive. [Ord. No. 30-73, § 10, 17 July 1973] Sec. 203.11 Certain Files to be Maintained. (A) A separate file shall be maintained for each federal, state, county or municipal (except the City of Cape Canaveral) agency or office. (B) A separate file shall be maintained for each project in which the City is engaged. Duplicate copies shall be filed as provided in subsection (A) above, except if in the opinion of the City Clerk, the duplication cost is excessive, only the cover letter shall be placed in the subsection (A) files. [Ord. No. 30-73, § 11, 17 July 1973] Sec. 203.12 Penalty. Any officer or official who shall willfully and knowingly violate the provisions of 'this Chapter shall be subject to removal. In addition, said officer or official shall be guilty of an offense punish- able as provided in § 801.03. [Ord. No. 30-73, § 12, 17 July 1973] § 207.01 PERSONAL PROPERTY CONTROL 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. § 207.01 (1) Each year the City spends thousands of dollars acquiring fixed assets. At the same time, hundreds of dollars worth of furniture, equipment and rolling stock are disposed of. Therefore, the function of this prop- erty control system is not limited to preventing theft or misuse of City property. It also provides a detailed record of fixed asset acquisition which can be invaluable for purchasing. In addition, this system includes dis- position procedures which can initiate wise trade-ins and can provide the City with miscellaneous income from the proceeds of surplus property. (2) This procedure is designed to comply with Chapter 723 of the Florida Statutes, which was enacted to regulate the acquisition, supervision, accountability, control, transfer and disposal of all fixtures and tangible personal property of a nonconsumable nature, the value of which is $100 or more and the normal ex- pected life of which is one year or more. But in keeping with City accounting policy, this procedure is designed to regulate the acquisition, supervision, accountability, control, transfer and disposal of all fixtures and tangible personal property of a nonconsumable nature with a normal expected life of one year or more which have a significant value and are convenient to identify and control. (B) Definitions. Custodians - The elected board entitled to lawful custody of City property (City Council). Chief Custodian's Delegate - The City employee delegated with primary responsibility for property control (City Manager). § 2 0 7 . 01 PERSONAL PROPERTY CONTROL § 207.02 /0 T � Custodian's Delegate - The City employees who have custody of and accountability for property assigned to a particular activity (Department Heads). Property Control Officer - The City employee designated to perform the clerical and administrative duties prescribed in this manual. Property - All fixtures and other tangible personal property of a non -consumable nature with a normal expected life of one year or more which have a significant value and are practical to control. Items which form a part of the building services system and which are permanently attached to and become a part of the building are not property. (C) Relation of the Property Control Officer to Other Departments. A property control officer shall be designated by and be under the supervision of the City Clerk. The property control officer may have other clerical or admin- istrative duties but must not be charged with the custody of property. He must work harmoniously with the various custodians, but he exercises independent authority and control. (D)' Initial Installation and Marking of Property. The following steps were taken to install the property system: (1) A physical inventory was taken on July 1, 1974. (2) Based on this inventory, the accounting records were searched and the information for the control records, as prescribed in this manual, was gathered. For those items which invoices could not be found and for those items which were donated, price estimates were made. (3) The property was identified as prescribed in this manual. (4) The property records and control accounts were constructed and reconciled to the records. [Ord. No. 28-74, § 1, 15 Oct 1974] Sec. 207.02 Property Records. In order to comply with Section 273.02 of the Florida Statutes and construct a system which quickly provides all pertinent information, this system consists of these separate property records with detailed cross reference. cz § 207.02 PERSONAL PROPERTY CONTROL § 207.02 (A) The Cards. A property card containing all perti- nent information concerning classification, description, acquisition, physical inventory, and disposal shall exist for all property controlled by the City. These cards shall be filed according to class, then alphabetically by type, and finally numerically within each type. (1) Classification. (a) Identification No. The number assigned to each item by the property control office. (b) Class Broad catagories of classification. The classes which shall be used by the City are listed below in Subsection (d). However, this scheme is flexible and necessary additions should be made by the property control officer. (c) Type. Subcategories of classes. The types which shall be used by the City are listed below the classes in subsection (d). Like classes, types are flexible categories which can be altered by the property control office. (d) Class and Type Categories. COMMUNICATIONS EQUIPMENT 1. Amplifier 2. Base Stations 3. Bull Horn 4. Microphones 5. Mixer 6. P.A. System 7. 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 § 2 0 7. 0 2 PERSONAL PRJPERTY EMERGENCY/SAFETY EQUIP 1. Electric Generator 2. Flashers 3. First Aid Kits 4. Gas Mask 5. Lanterns 6. Lights/Beacon 7. Lights/Support 8. Resuscitators 9. Sirens 10. Siren Speaker 11. Spotlights 12. Stretcher 13. Traffic Kits FIRE EQUIPMENT 1. Applicator 2. Adaptors 3. Ax 4. Couplings 5. Fire Extinguishers 6. Fire Hose 7. Floating Dock Strainer 8. Foam Ejector 9. Hose Clamp 10. Hose Cleaner 11. Hose Elbow 12. Hose Jacket 13. Hose Tester 14. Indian Tanks 15. Rescue Saw & Kit 16. Shutoff 17. Sledge Hammer 18. Smoke Ejectors 19. Smoke Masks with Oxygen Tank 20. Spanner 21. Nozzles 22. Valves RECREATION EQUIPMENT 1. Bleachers 2. Hanging Bar 3. Jungle Jim 4. Merry-go-round 5. Nursery Swing Set 6. Picnic Tables 7. Slide CONTROL § 207.02 MAINTENANCE EQUIPMENT 1. Blade 2. Bush Hog 3. Curb Dresser 4. Edger 5. Floor Maintainer 6. Lawn Mower 7. Pump 8. Trailer Cart 9. Tank/Water 10. Vacuum Cleaner MISCELLANEOUS 1. Air Conditioner 2 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 ID § 207.02 PERSONAL PROPERTY OFFICE EQUIPMENT 1. Addressor Printer 2. Adding Machine 3. Bookkeeping Machine 4. Calculators 5. Cash Registers 6. Mimeograph 7. Numbering Machine 8. Postage Meter 9. Postage Scale 10. Photocopier 11. Stenomachine 12. Time Clock 13. Timestamp 14. Typerwriter/ Electric 15. Typewriter/ Manual SHOP EQUIPMENT 1. Air Compressor 2. Dial Test Indicator 3. Drill 4. Drill Index Set 5. Driver Set 6. Grinder 7. Hoist 8. Jack 9. Ladders 10. Punch & Chisle Set 11. Saws 12. Socket Set 13. Tap & Die Set 14. Tool Bench 15. Tool Box 16. Tool Cart 17. Turbine Tool Kit 18. Vise 19. Welding Equipment 20. Wheelbarrow 21. Wrench Set CONTROL § 207.02 OFFICE FURNISHINGS 1. Bookcase 2. Cabinet/Storage 3. Card Box 4. Card File 5. Cash Box 6. Chair/Executive 7. Chair/Children 8. Chair/Folding 9. Chair/Lounge 10. Chair/Stacking 11. Chair/Straight 12. Chalkboard 13. Clock 14. Combination File 15. Credenza 16. Desk/Executive 17. Desk/Secretarial 18. Drapes 19. Door Mat 20. Lamp 21. Legal File 22. Locker 23. Pictures 24. Plate File 25. Podium 26. Rugs 27. Stand/Typing 28. Stand/Other 29. Stool 30. Table/Conference 31. Table/Folding 32. Table/Other 33. Table/Posting 34. Table/Utility 35. Tape File ROLLING STOCK 1. Car/Sedan 2. Generator/Mobile 3. Truck/Fire 4. Truck/Econoline 5. Truck/Pickup 6. Tractor 7. Van § 2 07.02 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 (A) Custodian -Wide Control Account. The "balance" column of the journal shall provide a running total of all property controlled by the City. This total should equal the totals in Subsections (B) and (C) below. (B) Custodian's Delegates Control Account. The "balance" column of each ledger shall provide a running total of the property controlled by each custodian's delegate. The total of this ledger should equal the 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 the class control cards should equal the totals in Subsections (A) and (B) above. [Ord. No. 28-74, § 1, 15 Oct 1974] Sec. 207.04 Property Control. (A) Initiating Property Control. For the purpose of this procedure, property control begins when the in- voice for an item of property is paid. Therefore, the property control officer shall review all invoices as soon as practical after they are paid. From this review, the property control officer should determine which items are property and should be controlled. Once it has been determined that an item should be controlled, the item should be placed in class and type. This classification should be done by the property control officer. If no appropriate class or type exist, a new one shall be in- vented. (B) Filling Out the Property Control Records. Once property has been classified, a class card shall be filled out as completely as possible. All possible information regarding description and acquisition (see Sec. 207.02(A) shall be obtained from the invoices. The property control officer shall take the card with him when he identifies the property (see Subsection (C) below). From direct observation, more complete information including the identification number shall be recorded on the class card. After this information is obtained and the property is identified by the method advocated in this chapter, the (p 7 § 207.04 PERSONAL PROPERTY CONTROL § 207.04 journal, ledger and class control card shall be completed as described in Sections 207.02 and 207.03. This process will automatically keep the control accounts in balance. (C) Identification of Property. After the class card is partially completed from the information on the paid invoice, the item which has been classified as property by class and type shall be identified. Most property shall be:marked 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 pr 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 deleggte must etch or other- wise identify these items with the department's code (for example CCPD). A list of these miscellaneous items will be retained by the property control officer and inventoried yearly. (3) Identification tags or marks should be uniformly located on similar types of property. The method of uniformly locating the marks on property is prescribed as follows: (a) Desks and Tables. Front of left leg just below the top. (b) Chairs. Back of chair seats. (c) Files, Cabinets, Lockers, Racks, etc. Front top, left corner. (d) Rugs. Reverse side of a corner. § 207.04 PERSONAL PROPERTY CONTROL § 207.06 (e) Office Machines and Accessories;. Upholstered and Decorative Furniture. Where convenient but where it will not mar the appearance of the item. (f) Rolling Stock. Above manufacturer's ident- ification number on the driver's side of the dash- board. [Ord. No. 28-74, § 1, 15 Oct 1974] Sec. 207.05 Physical Inventory. A physical inventory of all City property shall be taken by the property con- trol officer each year or when there is a change of custodian's delegates. The custodian's delegate shall accompany the property control officer during the inven- tory of property under his control. (A) 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 § 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, 5 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. § 2 0 7. 0 7 PERSONAL PROPERTY INVENTORY § 207.07 l i (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 ,'x 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 ElectiaiCode 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] /D 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 ofmunicipal 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 Fe.b 84] Sec. 231.05 Standing Committees of Councilmembers. A. Committee; on Zoning Regulation. [Ord. No. 33-73, §5, 18 Sep 73; Ord. No. 2-84, §1, 21 Feb 84] 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 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 5 § 231.11 GENERAL ORGANIZATION § 231.31 G. To perform such other duties as are specified in the City Charter or 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 i.n 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, §1, 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 § 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 and such 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, §1, 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 City for 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 vouchers to be drawn on the City depositories, and to sign the same and present CHAPTER REVISED 14 SEP 89 11r § 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, §1, 21 Feb 84] Sec. 231.11.1 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 be 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 ORGANIZATION § 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, 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. 11-68, §l, 5 Nov 68; Ord. No. 26-84, §1, 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, 5Nov 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 anydebts 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 LIBRARY BOARD CHAPTER:253 LIBRARY BOARD. 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, andtheadjoining environs, in cluding:Brevard County, which' shall-. be.known-as.the Cape Canaveral Free Public Library. [Ord..No.-11-66, § 10- May 19661 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 terms by 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,.§ 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. 253.03 Frequency of Board Meetings Established. The City Library Boardshall meet not less than twice a year, and oftener if necessary to carry into effect and operation its duties and powers hereby granted. [Ord. No. 11-66, § 3, as amended by 9-73, 1 May 1973] Sec..253.04 Liability of City Limited. The City shall not be liable in any way for any contracts made and entered into, for any acts done or undertakings be- gun or duties and liability made, assumed or created by the Board, unless it shall first obtain from the City Council its approval of and an appropriation made by it for the specific contract made or entered into by it on the specific debt made, created, incurred or assumed. [Ord. No. 11-66, § 5, 10 May 1966] Sec. 253.05 Title to Property Vested in Board. Any person may make any donation or lands for the benefit of the library, and the title of the property so donated shall be made toand vested in the Library Board and their successor in office. Such Board shall thereby become the owners thereof in trust to the uses of the public library of the City, all as provided in § 167.31, Florida Statutes. [Ord. No. 11-66, § 7, as amended by 9-73, 1 May 1973] Sec. 253.06 Funds for the Support and Maintenance; Special Fund; Disbursements. All taxes levied or col- lected and all funds donated or in any way acquired for the erection, maintenance or support of .any public library, shall be kept for the use of such library, separate and apartfrom all other fundsof 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 occupyan 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 § 253.07 LTRRARY BOARD § 253.11 l regulations for the government of such library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency; fix and impose by general rules, penalties and forfeitures for trespassers or injury to the library grounds, rooms, books or other property, or failure to return any book, or for violation of any by- laws or regulation; and shall have and exercise such power as may be necessary to carryout the. spirit and intent of the law, in establishing and maintaining a public library and reading room. [Ord. No. 9-73, § 1, 1 May 1973] Sec. 253.08 Free Use of Library by Inhabitants of City; Proviso. Every library and reading room shall be forever free to the use of the inhabitants of the city or town, subject always to such reasonable regulation as the library board may adopt, to render said library and read- ing room of the greatest use to the inhabitants of said city or town, and the librarianmay 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 receivedor expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department, the number of books and periodicals ordered by purchase, gift or obtained during the year, and the number lost or missing, the number of visitors attend- ing, the number of and character of books loaned or issued, with such statistics, informationand 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, i May 1973] Sec. 253.11 Penalty for Violation of Rules Recovered by Civil Action. Penalties imposed or accruing by any by-law or regulation of the library board may be recovered 1 253.11 LIBRARY BOARD § 253.14 in a civil action before any justice of the peace or other court having jurisdiction; such action to be instituted in the name of the library board of the city or town library. Any moneys collected in any such action shall be forthwith placed in the city treasury to the credit of the library fund. [Ord. No. 9-73, § 1, 1 May 1973] Sec. 253.12 Donation to Library; Title to Vest in Library Board. Any person may make any donation of money or lands forthe 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 distinctlymarked 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] lg § 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 regular meeting 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) hereo (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, §1, 15 Jan 85] pdmi PAGE .REVISED .15 JAN 85 § 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 18 SEP 84 ? . § 263.01 COMMERCIAL DEVELOPMENT BOARD CHAPTER 263 COMMERCIAL DEVELOPMENT BOARD § 263.02 Sec. 263.01 Establishment. The City of Cape Canaveral hereby establishes a Commercial Development Board in and for the City of Cape Canaveral, Florida. For the purpose of this ordinance, the words "commerce" or "commercial" used herein, shall pertain to activities in the areas of industry, commerce, business and tourism. [Ord. No. 17-75, § 1, 12 Aug 1975] Sec. 263.02 Purpose. The Commercial Development Board shall have the following purposes and duties to wit: (a) To prepare a commercial development plan and submit same for approval to the City Council.. This plan shall analyze existing conditions and needs pertaining to the City's commerce and determine optimum methods and means of improving those conditions and satisfying those needs. The plan shall contain as a minimum the following: (1) A survey of existing commercial entities located in the City. (2) An inventory of existing vacant space (building and land) suitable for use in commercial development. (Coordinate with Planning and Zoning Board.) (3) A determination of the commercial needs of the citizens of Cape Canaveral that are presently going un- satisfied, or being met by commercial entities outside of the City. (4) An analysis of these needs and the prepartion of a plan for bringing new and needed commercial enter- prises to the City. This plan should also seek methods of enhancing existing commerce presently located in our City in an effort to satisfy citizen needs. (b) To implement the Council approved commercial develop- ment plan as directed and funded by Council. (c) To confer with and advise the City Council on all matters concerning the development of commerce in the City. (d) To act as liaison for the City in the area of public relations with the following: § 263.02 COMMERCIAL DEVELDPMENT BOARD § 263.04 (1) Cocoa Beach Area Chamber of Commerce (2) Canaveral Port Authority (3) Brevard County Economic Development Council (4) Other similar organizations or agencies which, in the opinion of the Commercial Development Board wou]d 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 asis 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 supercece the powers and duties of other City Boards. [Ord. No. 17-75, § 3, 12 Aug 1975] Sec. 263.04 Composition. The Commercial Development Board shall consist of nine (9) members. Each member shall either be a bona fide resident in the City or /3 r 3 f7 § 2 6 3. 0 4 COMMERCIAL DEVELOPMENT BOARD § 263.08 employed in a full time capacity in the City at the time of his or her appointment and during incumbency, or any other person whom the City Council deems qualified to promote the purpose as described in Section 2 of this ordinance. At least two (2) members of said Board shall be engaged in an active business enterprise. Membership of the Board shall include a significant representation from the City's commercial activities with credentials of each member containing expertise in public relations and/or business development skills. [Ord No. 17-75, § 4, 12 Aug 1975; Ord No. 8-76, § 1, 4 May 1976; Ord. No. 19-76, § 1, 7 Sep 1976] Sec. 263.05 Term of Office. The members of the Boar.d shall be appointed by a majority vote of the City Council for a term of two years. Two (2) members of the first Board shall serve for an initial term of three years with succeeding appointments of two years each. Alternate members shall be appointed for a two year term. [Ord. No. 17-75, § 5, 12 Aug 1975] Sec. 263.06 Vacancies. Vacancies occuring on the Board shall be filled for the unexpired term by the City Council. [Ord. No. 17-75, § 6, 12 Aug 1975] Sec. 263.07 Removal. The Council, by majority vote, shall have the authority to remove any member of the Board from office whenever, in its discretion, the best interest of the City shall be served thereby. [Ord. No. 17-75, § 7, 12 Aug 1975] Sec. 263.08 Rules and Procedures. The Board shall adopt a set of rules to govern meetings and procedures, which shall be approved by Council. [Ord. No. 17-75, § 8, 12 Aug 1975] § 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 S 271.11 City Attorney § 271.12 Sergeant -At -Arms CONDUCT OF MEETINGS_ S 271.13 Call to Order; Quorum; Roll Call § 271.14 Minutes § 271.15 Consideration of Matters before Council § 271.16 Adoption § 271.17 General Discussion § 271.18 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 beotherwise postponed, cancelled, only by resolution adopted at a regular meeting by a majority vote of the Council. All regular meetings shall be held in the City Hall of the City of Cape Canaveral, Florida, or such other places as designated by a majority of the Council in open session. [Ord. No. 15-76, § 1, 27 Jul 1976] Sec. 271.03 Special Meetings. A special meeting of the City Council may be initiated by any of the following means: A. By an affirmative vote of a majority of the members of the Council present at each regular meeting. B. By serving the City Clerk notice in writing and signed by a majority of the members of the Council. The Clerk shall forthwith give verbal or_ written notice to each member of the Council, stating the date and hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. The Clerk in his notice of a special meeting initiated in this manner shall allow at least twenty-four (24) hours to elapse between the call of the meeting and the date and hour of the meeting. C. By verbal notice to the City Clerk by a majority of the members of the City Council whenever an emergency exists which requires immediate action by Council. The Clerk shall forthwith attempt to give notice to each mem- ber of the Council stating the hour of the meeting and the purpose for which such meeting is called, and no other business shall be enacted at that meeting. If, after reasonable diligence, it was impossible to give notice to each councilman, such failure shall not affect the legality of the meeting. All special meetings shall be held in the City Hall of the City of Cape Canaveral, Florida, or such other places as designated by a majority of the Council in open session, and shall be open to the public'and the press. [Ord. No. 5-73, § 1.03, 3 Apr 1973] Sec. 271.04 Workshop Meetings. Members of the City Council will normally meet on the Thursday prior to each regular meeting at 7:30 o'clock in the evening, to infor- mally discuss matters relating to City business. These meetings shall normally be held in the City Hall of the City of Cape 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] § 271.05 COUNCIL PROCEDURES § 271.06 Sec. 271.05 Preparation of Ordinances and Resolutions. (A) An act that is required to be accomplished by ordinance shall not be accomplished by resolution. A resolution is ordinarily .of a temporary character, where- as an ordinance prescribes a permanent rule of conduct or government. (B) All ordinances and resolutions must be initiated by a member of the Council or the City Attorney. (C) All ordinances and resolutions shall be reduced to writing and shall be approved as to form and legality by the City Attorney prior to consideration by the Council at any regular meeting. (D) All ordinances and resolutions prepared shall be filed with the City Clerk and a permanent reference number assigned prior to consideration by the Council at any regular meeting. A copy shall normally be furnished to each council member at the workshop meeting prior to the regular meeting at which the ordinance or resolution shall be considered. In the event that the aforementioned work- shop meeting is not held, a copy of the proposed ordinance or resolution shall be sent to the residences of all council members and to the office of the City Attorney at least forty-eight (48) hours prior to the regular meeting. (E) All ordinances and resolutions shall enjoy public notice in accordance with Article XXIV, Section 4 of the City of Cape Canaveral Charter, or the Zoning Ordinance, or the Statutes of the State of Florida, particularly Chapter 166, as appropriate. [Ord. No. 5-73, §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 COUNCIL PROCEDURES § 271.08 is not held, any member of the Council, the City Attorney, City Clerk or City Manager may place an item on the agenda, g"rovided--that--said_'item must--be-f-i-l-ed-wi"t"h th.e City Clerk ',prior to 1:00 noon on the Friday preceding the regular ',meeting. This agenda will then be sent to the _residence's ,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 be ng--posted in_a conspicuous place_in_Ci.t-.y Ha .l pr-ado>r- to- 1 00 o'clockin -the day-pr-eceding-the - Eroetirg [Ord. No. 5-73, § 1.05, 3 Apr 1973; Ord. No. 35-74, § 1, 7 Jan 1975; Ord. No. 16-75, § 1, 10 Jun 1975; Ord. No. 15-76, § 1, 27 Jul 1976] Sec. 271.07 Presiding Officer. The presiding officer of the Council 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 at the next meeting after his election. The presiding officer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council and announce the decision_ _of the Council-on.,,a21. matters coming before it. A -_majority ,vote -=of the members-- presentsnall-governand conclusively -determine alI-"qus tons: of order i,f�a parlaainentary decision -by the ,_pres"id=i=ng officer -1-challenged. [Ord. No. 5-73, § 1 07,' 3-Apr 1973] Sec. 271.08 Council Members Areas of Interest. Each council member shall be a source of information to the Council in his areas of primary interest. The intent of this rule is not to prevent any councilman from exe- cuting his rights and prerogatives of office, but rather to permit an orderly division of interest among the councilmen. The areas of interest are: roads, power and light service, telephone service, traffic and parking, recreation, city parks, city beaches, and waterways, Zoning and Planning Board, Board of Adjustment, Building Official, City Planning, Police Department, City Courts and Judges; Fire Department and Fire Inspector, law, communications, City Clerk, City Treasurer, City Hall, bonds,taxes and revenue, elections, Chamber of Commerce, City Attorney, City Manager, Library, sewage, drainage, § 271.08 COUNCIL PROCEDURES § 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, § 1.10, 3 Apr 1973] yi Sec. 271.11 City Attorney. The City Attorney or the Assistant City Attorney in his absence, shall be available to the Council at all meetings, unless excused by Council. He shall draw ordinances and resolutions for any member of the Council when and as directed. He shall act as par- liamentarian at all meetings and advise and assist the presiding officer in matters of parliamentary law. [Ord. No. 5-73, § 1.11, 3 Apr 1973] Sec. 271.12 Sergeant -At -Arms. The Chief Law Enforce- ment Officer, or such other City Official or Employee as the Chief may designate, shall be the Sergeant -At -Arms of the Council meeting. The Sergeant -At -Arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the meeting. The Sergeant -At -Arms shall be present at regular council meetings when so requested by any member of the City Council or by the City Manager.. [Ord. No. 5-73, § 1.12, 3 Apr 1973; Ord. No. 2-82, § 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 immediatelycall the Council to order. In the absence of the Mayor and the Mayor Pro Tem, any Council member may call the meeting to order at the appointed hour. (B) Before proceeding with the business of the Council, the Clerk or his designee shall call the roll of the mem- bers in alphabetical order, and the names of those present shall be entered in the minutes. PAGE REVISED 4-22-82 § 271.13 COUNCIL PROCEDURES § 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 for a period of thirty minutes or until a quorum is in attendance, whichever shall first occur. If a quorum is not in attendance at the end of the thirty - minute recess, the meeting shall be automatically adjourned. (D) In the absence of the Mayor and the Mayor Pro Tem and a quorum is present, the first order of business shall be the election of a temporary presiding officer. Upon arrival of the Mayor or Mayor Pro Tem, the temporary pre- siding officer shall relinquish the chair upon the con- clusion of the business immediately before the Council. [Ord. No. 5-73., § 1.13, 3 Apr 1973] Sec. 271.14 Minutes. The minutes of the previous regular meeting of the City. Council may be read in their entirety unless they are waived. The City Clerk shall have available to each member of the Council and to the City Attorney a copy of such minutes at least twenty-four (24) hours preceding the next regular meeting. There shall be copies of the minutes posted on the bulletin board and copies available for the citizens to examine at the City meeting. The minutes of the meeting shall be approved and/or corrected by a majority of the members present and upon such approval shall become the official minutes. [Ord. No. 35-74, § 1, 7 Jan 1975; Ord No. 3-80, § 1, 19 Feb 1980] Sec. 271.15 Consideration of Matters Before Council. (A) The Council shall not take action upon any matter which is not listed upon the official agenda, unless a majority of the Council members present have first con- sented to the presentation thereof for consideration and action. (B) All items of business shall be considered in accordance with the agenda and announced by the presiding officer. Any motion shall then be appropriate. (C) When a motion is presented and seconded, it is under consideration and no motion shall be received there- after, except to adjourn to recess, to lay on the table, to postpone, or to amend until the question is decided. These motions shall have preference in the order in which they are mentioned and the first two shall be decided without debate. Final action upon a pending motion may be deferred until the next regular meeting by a majority of the members present. § 271.15 COUNCIL PROCEDURES § 271.16 (D) The presiding officer may move, second and de- bate from the chair, subject only to such limitations of debate as are by these rules imposed upon all members and shall not be deprived of any of the rights and privileges of a councilman by reason of his being the presiding officer. (E) Every Council member desiring to speak for any purpose shall confine himself to the question under de- bate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless it be to call him to order or as herein otherwise provided. (F) Any citizen present at the meeting orally may petition the presiding officer to address the Council. Permission shall be granted only after a showing that the subject matter is revelant to the business under consideration and is significantly informative to the Council. (G) Each person addressing the Council shall stand, shall give his name and address in an audible tone for the minutes, and unless further time is granted by the Council, shall limit his address to five minutes. No person other than councilmen and the person having the floor, shall be permitted to enter into any discussion either directly or through a member of the Council, with- out the permission of the presiding officer. No question shall be asked a councilman except through the presiding officer. (H) Any person making impertinent or slanderous re- marks or who becomes boisterous while addressing the Council shall be barred from further audience before the Council by the presiding officer, unless permission to continue or again address the Council be granted by the majority of the Council. (I) The councilman moving the adoption of an or- dinance or resolution shall have the privilege of closing debate. [Ord. No. 5-73, § 1.15, 3 Apr 1973] Sec. 271.16 Adoption. Upon cessation of discuss or if called, the motion shall be restated by the presiding officer and each council member in alphabetical order of last name, shall verbally state "for" or "against" the motion. The Clerk shall record the vote of each council member both in the minutes and upon the resolution or § 271.16 COUNCIL PROCEDURES § 271.18 ordinance. The presiding officer shall declare the status of the motion after a vote has been taken. If a conflict of interest as defined in Sections 112.313, 112.314, Florida Statutes, exists for any board member, that member shall not vote or in any way participate in any action regarding the matter giving rise to the conflict of interest. [Ord. No. 5-73, § 1.16, 3 Apr 1973; Ord. No. 21-73, § 2, 3 Jul 1973] Sec. 271.17 General Discussion. Every regular meeting of the Council shall include a period of a time limited to one (1) hour for the purpose of a question and answer session during which any person from the audience may direct questions concerning city business or affairs to any member of the Council or officer or officials of the City. The limitations set forth in Section 271.15 (G) and (H) shall apply. [Ord. No. 5-73, § 1.17, 3 Apr 1973] Sec. 271.18 Adjournment. A motion to adjourn shall always be in order and decided without debate. [Ord. No. 5-73, § 1.18, 3 Apr 1973; Ord. No. 35-74, § 1, 7 Jan 1974; Ord. No. 16-75, § 2, 10 Jun 1975; Ord No. 15-76, § 3, 27 Jul 1976] § 301. 01 REIMBURSEMENTS CHAPTER 301 REIMBURSEMENTS § 301.03 Sec. 301.01 Travel Expenses. The City will reimburse City Officials and employees for the actual and reasonable expenses incurred at its direction, provided such expenses are appropriate in relation to the purpose of the trip. [Ord. No. 37-64, § 1, 15 Sep 1964; Ord. No. 25-74, § 1, 3 Sep 1974] Sec. 301.02 Reasonable Expenses. Reasonable expenses are defined as those expenditures which are necessary to accomplish the purpose of the travel and consistent with prudent controllable monetary management on the part of the City Official or employee. [Ord. No. 25-74, § 2, 3 Sep 1974] Sec. 301.03 Standard Policies and Procedures. (a) Documentary Evidence. Such as receipts or paid bills, supporting each single expenditure of $25.00 or more, must be filed with the expense report. Documen- tary evidence with respect to room expense and air fare will be required regardless of amount. (b) Tips. Incurred for food service should be included as part of the cost of the meal. (c) Entertainment. Expenses are not reimburseable. Under certain conditions and with the approval of the City Manager, they may be reimbursed. An explanation of the nature of the expense, and the reason for re- questing reimbursement should be included on the ex- pense report. (d) Transportation. A City owned vehicle should be used when practical. Reimbursement is limited to actual costs. Receipts must be submitted with the expense report. (e) Personal automobile is permitted when use of a City vehicle is impossible or not practical. Reimburse- ment of actual mileage at 19 cents per mile will be made. Mileage must be indicated on expense report. [Ord. No. 13-79, § 1, 4 Sep 1979; Ord No. 3-81, § 1, 3 Mar 1981] § 301.03 REIMBURSEMENTS § 301.03 (f) Authorization. Authorization for travel on City business must be obtained, in advance, from the depart- ment head. Travel of department heads must be obtained from the City Manager. City Manager, City Clerk, Council Members and other officials shall obtain approval of , Council. (g) An explanation as to the reason for travel must be indicated on the expense report. (h) Travel Advances. Must be requested at least three days in advance whenever possible. The request for advance must be approved by the appropriate depart- ment head, or the City Manager. The advance must be settled within two weeks after the employee returns. (i) Travel Voucher. (Form D101) is to be used to report all travel expenses incurred, also where a room charge is incurred. No reimbursement shall be paid until travel voucher is submitted and approved by the appropriate authority. (j) Expenditures. All expenditures will be itemized on a daily basis as indicated on the form. "Auto Mileage" need not be indicated if a City vehicle was used. "Other Expenses" should be adequately explained. (k) Local Travel. Travel where room charges are not incurred may be handled through petty cash statements. (1) Reimbursement for local meals must be explained on the request for reimbursement, as to the personnel involved and the reason for the expenditure. (m) No reimbursement shall be made until a report of the activities for which the trip made has been sub- mitted to the City Manager. [Ord. No. 25-74, § 3, 3 Sep 1974] iy . CITY OF CAPE CANAVERAL TRAVEL' VOUCIIER ITEMIZED . STATEMENT OF TRAVELING EXPENSES FORM D-101 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: TITLE: I certify that the above account is just and • correct; that the amounts charged for subsistence were actually paid, and the expenses were occa- ' sioned by official business, and that I performed ' the journey with all practicable dispatch, by the .shortest route ,usually traveled.. Name: lgnature o1' '.l'ravele_ ACCOUNT NO, Title: Type Or Print § 311.01 COUNCIL COMPENSATION CHAPTER 311 COUNCIL COMPENSATION § 311.02 Sec. 311.01 Compensation for Mayor. Commencing with July 1973, and effective for a two-year period thereafter, the compensation for the Mayor of the City of Cape Canaveral shall be $1,600.00 per year. [Ord. No. 14-73, § 1, 3 Apr 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 § 353.01 EMPLOYEE INSURANCE CHAPTER 353 EMPLOYEE INSURANCE § 353.05 Sec. 353.01 Old Age and Survivors Insurance Effected. It is hereby declared to be the policy and purpose of the City of Cape Canaveral, Florida, to extend effective as of July 9, 1963, to the employees and officials thereof, not excluded by law, nor excepted herein, the benefits of the system of Old Age and Survivors Insurance as authorized by the Federal Social Security Act and amendments thereto, and by Chapter 650, Florida Statutes, as amended; and to cover by such plan all services which constitue employment as defined in Section 650.02, Florida Statutes, performed in the employ of said City by employees and officials there- of. [Ord. No. 17-63, § 1, 9 Jul 1963] Sec. 353.02 Certain Exclusions Authorized. There is hereby excluded from this Chapter any authority to include in any agreement entered into under Section 353.03 hereof any service, position, employee, or official now covered by or eligible to be covered by an existing retirement system. [Ord. No. 17-63, § 2, 9 Jul 1963] Sec. 353.03 Mayor Authorized to Execute Agreements. The Mayor is hereby authorized and directed to execute all necessary agreements and amendments thereto with the Florida Industrial Commission, as State Agency, for the purpose of extending the benefits provided by said system of Old Age and Survivors Insurance to the employees and officials of this City as provided in Sections 353.01 and 353.02 here- of, which agreement shall provide for such methods of administration of the plan by said City as are found by the State Agency to be necessary and proper, and shall be effective with respect to services in employment covered by such agreement performed on and after the 9th day of July A. D. 1963. [Ord. No. 17-63, § 3, 9 Jul 1963] Sec. 353.04 Amounts; Time. Withholdings from salaries, wages, or other compensation of employees and officials for the purpose provided in Section 353.01 shall be made in the amounts and at such times as may be required by applicable State or Federal laws or regulations, and shall be paid over to the State Agency designated by said laws or regulations to receive such amounts. [Ord. No. 17-63, § 4, 9 Jul 1963] Sec. 353.05 Source of City Contribution. There shall be appropriated from available funds, derived from the § 353.05 EMPLOYEE INSURANCE § 353.08 General Fund such amounts, at such times as may be required to pay promptly the contributions and assessments required of the City as employer by applicable State or Federal laws or regulations, which shall be paid over to the lawfully designated State Agency at the times and in the manner pro- vided by law and regulation. [Ord. No. 17-63, § 5, 9 Jul 1963] Sec. 353.06 Records; Reports. The City shall keep such records and make such reports as may be required by applicable State or Federal laws or regulations, and shall adhere to the regulations of the State Agency. [Ord No. 17-63, 9 Jul 1963] Sec. 353.07 Social Security Provisions Adopted. The City does hereby adopt the terms, conditions, requirements, reservations, benefits, privileges, and other conditions thereunto appertaining, of Title II of the Social Security Act as amended; for and on behalf of all officers and em- ployees of its departments and agencies to be covered under the agreement. [Ord. No. 17-63, § 7, 9 Jul 1963] Sec. 353.08 City Treasurer Designated Custodian and Agent. The City Treasurer of the City is hereby designated the custodian of all sums withheld from the compensation of officers and employees and of the appropriated funds for the contribution of the City, and the City Treasurer of said City is hereby made the withholding and reporting agent and charged with the duty of maintaining personnel records for the purposes of this Chapter. [Ord. No. 17-63, § 8, 9 Jul 1963] 7^ § 411.01 GAS SERVICE CHAPTER 411 GAS SERVICE § 411.03 Sec. 411.01 Gas Service Franchise Definitions. For the purpose of this franchise, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the con- text, words used in the present tense include the future, words in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely di- rectory. City is the City of Cape Canaveral, Florida. Company is the grantee of rights under this Franchise. Council is the City Council of the City of Cape Canaveral. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Public Utilities Commission shall include any lawful regulatory body having jurisdiction over the subject matter of this Franchise. [Ord. No. 5-66, § 1, 19 Jan 1966] Sec. 411.02 Franchise, Grant of. There is hereby granted to City Gas Company of Florida, a Florida corporation (here- in called "Company"), its successors and assigns, the non- exclusive right, privilege or franchise, to construct, distribute, maintain and operate in, under, upon, over and across the present and future streets, avenues, alleys, bridges, easements, and other public places and ways of or within the present and future corporate limits of the City of Cape Canaveral, Florida, (herein called the "City") and its successors, in accordance with the established practice with respect to such construction and maintenance for a period of thirty (30) years from the date hereof, facilities for the sale and distribution of natural gas, including conduits, mains, pipes, laterals and fixtures for the purpose of supplying natural gas to the City and its successors and the inhabitants thereof and persons and corporations beyond the limits thereof. [Ord. No. 5-66, § 2, 18 Jan 1966] Sec. 411,03 Florida Railroad and Public. Utilities Com- mission,' Authority of, and Rates for First Three Years. All authority and rights of the Company, its successors § 411.03 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 First Next Next Next Next All over 3 therms at 7 therms at 20 therms at 30 therms at 40 therms at 100 therms at of $1.50 per meter. COMMERCIAL AND INDUSTRIAL FIRM SERVICE Monthly rate: First Next Next Next Next All over Minimum monthly bill 5 therms at 12 therms at 33 therms at 50 therms at 1000 therms at 2000 therms at INTERRUPTIBLE INDUSTRIAL SERVICE First Next Next Next All Over 8000 12000 20000 60000 100000 therms therms therms therms therms at at at at at 50.0¢ per 20.00 per 18.00 per 16.0¢ per 14.00 per 12.0¢ per therm therm therm therm therm therm of $3.00 per meter. 40.0¢ per 35.0¢ per 22.00 per 14.0¢ per 13.0¢ per 8.0¢ per 8.0¢ per 6.0¢ per 5.5¢ per 5.0¢ per 4.00 per therm therm therm therm therm therm therm therm therm therm therm Minimum monthly bill: The amount payable in accordance with the rate schedule above for the number of therms equal to the minimum daily contract quantity, multiplied by the number of days in the monthly billing period. /; 7g._ § 411.03 GAS SERVICE § 411.03 INTERRUPTIBLE SURPLUS GAS SERVICE First 15000 therms at 4.20 per therm All over 15000 therms at 3.60 per therm Minimum monthly bill: The amount payable in accordance with the rate schedule above for the number of therms equal to the minimum daily contract quantity multiplied by the number of days in the monthly billing period. The minimum daily contract quantity shall not be less than 150 therms. AIR CONDITIONING SERVICE Minimum monthly bill: $10.00 All therms used at 8.00 per therm WATER HEATING (LARGE) SERVICE Minimum monthly bill: $10.00 First 50 therms at 20.00 per therm Next 50 therms at 15.00 per therm All over 100 therms at 8.00 per therm MUNICIPAL RATES Rates for schools and governmental authority shall be the interruptible industrial service as quoted above. COST OF NATURAL GAS ADJUSTMENT The above rate for natural gas supplied in any billing period shall be increased or decreased, to the nearest 0.010 per therm, by an amount directly proportionate to the average cost of firm gas to the Company, above or below 5.50 per therm, in the calendar month immediately preceding the commencement of such billing period. OTHER ADJUSTMENTS All bills under the above rate for gas supplied in any billing period shall be increased by their proportionate share of additional taxes, fees or assessments, with such adjustment to the rate becoming effective on or after thirty (30) days following the effective date of the aforementioned additional taxes, fees or assessments. [Ord. No. 5-66, § 3, 18 Jan 1966] § 411.04 GAS SERVICE § 411.05 Sec. 411.04 Consideration. The above grant is made in consideration of the Company's constructing, maintain- ing, and continuously operating the above facilities for the distribution and sale of natural gas to residents of Cape Canaveral, Florida, as well as for the benefits and convenience to said inhabitants as a result thereof. [Ord. No. 5-66, § 4, 16 Jan 1966] Sec. 411.05 Plans and Specifications - Filing with City. (A) The Company shall file with the City Manager, for his approval, plans and specifications for the location or relocation of all facilities. The facilities shall be so located or relocated and so erected or installed as not to obstruct or interfere with any water pipes, sewers, storm drains, or other utilities or structures already installed or hereafter to be installed; and interfere as little as possible with traffic over said streets, avenues, alleys, bridges and public places and with reasonable egress from and ingress to abutting property, subject at all times to the lawful police power of the City, and the Company shall not unnecessarily or unreasonably obstruct the use of or damage any sidewalk, driveway, curb, street, alley, avenue, bridge, easement or other public place or way of the City which shall have been opened by the Company for the purpose of laying, placing or repairing its gas mains or service, and shall upon completion of such construction or repair, be restored by the Company in as good condition as they were before the excavation was made as is reasonably possible and maintain the restoration_ in an approved con- dition for a period of one (1) year. Such work shall be approved by the City Engineer. Any unreasonable obstruction of any street, alley, avenue, bridge, easement or other public place or way of the City not removed by the Company after a proper notice of ten (10) days by the City demanding removal thereof, and any such public way or place of the City not repaired by the Company after its excavation there- of, after proper notice of ten (10) days by the City de- manding repair thereof, may be removed or repaired, as the case may be, by the City and the reasonable cost thereof plus ten percent (100) of such cost for administration and engineering expenses, shall be charged against said Company and if so charged, shall be paid by the Company and shall be collectible by the City in any lawful manner, and all costs and reasonable attorney's fees incurred by the City in such enforcement shall be paid by the Company. (B) In the event that at any time during the period of this franchise, the City shall elect to alter or change any 9 y § 411. 0 5 GAS SERVICE § 411.09 street, alley, easement of other public way requiring the relocation of the facilities of the Company, then in such event, the Company upon reasonable notice by the City, shall remove, relay and relocate its mains or 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 thisgrant to purchase the property of the Company used under this grant, as provided by the laws of Florida, in force and effect at the time of the effective date of this franchise, including § 167.22, Florida Statutes, and as a condition precedent to the taking effect of this franchise, the Company does hereby grant and give to the City the right to purchase so reserved herein. The Company shall be deemed to have given and granted such right of purchase by the Company's written acceptance of this franchise which shall be filed in the office of the City Clerk as hereinafter provided. [Ord. No. 5-66, § 8, 18 Jan 1966] Sec. 411.09 Extensions of Mains. The Company shall promptly make such reasonable extensions of mains and service pipes as may be ordered by the City Council. Such extensions shall be made at the cost and expense of the Company provided there is an average of one additional consumer to each 200 feet of mains included in such exten- sion. Where there is less than one consumer to each 200 § 411. 0 9 GAS SERVICE § 411.12 feet of proposed extended mains, the Company will not be required to make such extension until the applicant for service along such extension shall have deposited with the Company a sum of money sufficient to cover the cost of any length of the extension in excess of the length in feet of 200 times the number of additional consumers served thereby the sum to be deposited by the applicant for such extension to be subject to the approval of the City Engineer of the City as to cost. In such cases, the Company shall refund to the applicant the cost of 200 feet of main as each additional consumer is served until the entire amount deposited shall have been refunded. The gas mains and equipment, and all appurtenances included in such extension shall be and remain the property of the Company. [Ord. No. 5-66, § 9, 18 Jan 1966] Sec. 411.10 Commencement of Construction. The Company shall commence construction of its facilities within nine- ty (90) days from January 18, 1966, by laying main trans- mission loop system, as approved by the City Council, and shall be ready to supply natural gas to the inhabitants of the City within a reasonable time after the transmission company has made it available at the City rate. The afore- said transmission company will be one that holds a certif- icate of public convenience and necessity from the Federal Power Commission to transport and sell natural gas in the State of Florida. [Ord. No. 5-66, § 10, 18 Jan 1966] Sec. 411.11 Schedule of Rates - Filing with City. All rates and rules and regulations established by the Company from time to time shall at all times be reasonable and Company's rates for natural gas shall at all times be subject to approval by applicable Utilities Commission and such regulations as may beprovided by law. All rate changes approved by Railroad and Public Utilities Commis- sion shall be promptly filed with the City Clerk of Cape Canaveral. [Ord. No. 5-66, § 11, 18 Jan 1966] Sec. 411.12 Liability Insurance. That prior to the beginning of any work by the Company within the corporate limits of the City, the Company shall file with the City Clerk and shall keep in full force and effect at all times during the effective period hereof, insurance cer- tificates evidencing a liability insurance policy or. policies, the terms and conditions whereof shall be such as to provide for the protection and indemnification of the City with respect to and all legally valid claims of any persons suffering injury, loss or damage to person or property by reason of the construction or operation of a natural gas distribution system within the corporate limits of the City. § 411.12 GAS SERVICE § 411.13 Each such insurance policy shall be subject to the acceptance and approval of the City Attorney for the City. Any primary insurance policy must be issued by a Company having a policy holder's surplus at least five times the amount of coverage of the policy and the Company must have a management rating in Best's Insurance Guide of BB or better. Any excess policy used must be issued by Underwriters acceptable to the City Attorney of the City. Each such policy shall be in the minimum sum of $150,000.00 for injury or death to any one person, and in the minimum sum of $1,000,000.00 for injury or death to all persons where there is more than one person involved in any one accident and in the minimum sum of $500,000.00 for damage to property, resulting from any one accident, and each of the said minimum sums shall remain in full force and shall be undiminished during the effective period of this fran- chise. Every such insurance policy shall contain a provision whereby every company executing the same shall obligate itself to notify the City Clerk of Cape Canaveral, Florida, in writing, at least thirty (30) days before any alteration, modification, or cancellation of such policy is to become effective. In the event that any suit is filed or action brought against the City, either severally or jointly with the Company by any person or corporation seeking to recover damages resulting from or attributable to the operations or the existence of the Company within the City of Cape Canaveral, or arising in any manner whatsoever .out of the operations or existence of the Company within the City, whether due to the Company's negligence or otherwise, the Company shall, upon written notice by the City, defend such suit or action, and, in the event any judgment there- in should be rendered against the City, the Company shall promptly pay the sum together with all costs resulting therefrom. [Ord. No. 5-66, § 12, 18 Jan 1966] Sec. 411.13 Compensation to City. That within thirty (30) days after the first anniversay date of this grant and within thirty (30) days after each succeeding anniversary date, the Company, its successors and assigns, shall pay to the City and its successors an amount which. will equal six percent (6%) of the Company's gross revenue from the sale of natural gas to residential and commercial customers with- in the corporate limits of the City for the twelve (12) fiscal months preceding the applicable anniversary date. Provided, the amount of said payments shall, at the request of the City, be subject to reconsideration and negotiation § 411.13 GAS SERVICE § 411.16 at the end of each five (5) year period upon ninety (90) days notice in writing by the City to the Company. If the City and the Company are unable to amicably agree on the charges desired by the City, the City may request that the matter be settled by arbitration; in which event, the City shall select one such arbitrator, and the Company shall select one such arbitrator, and the two so chosen shall select a third arbitrator, and the decisions of two of these arbitrators shall be binding. The minimum annual amount payable to the City regardless of the amount of gross revenue to the Company shall be as follows: $500.00 the first year, $750.00 the second year, and $1,000.00 the third year. In the event the City re- quests in writing of the Company to collect a Utility Tax in any amount authorized by law the Company shall collect the said Utility Tax and rebate the said moneys to the City without cost to the City. [Ord. No. 5-66, § 13, 18 Jan 1966] Sec. 411.14 Forfeiture, Causes for. Any violation by the Company, its vendee, lessee or successor of the pro- visions of this franchise or any material portions there- of, or the failure promptly to perform any of the provisions thereof, shall be cause for the forfeiture of this franchise and all rights hereunder by the City after written notice to the Company and continuation of such violation, failure or default, shall cause said franchise to become null and void. [Ord. No. 5-66, § 14, 18 Jan 1966] Sec. 411.15 Maps Showing Location of Mains - Filing with City. The Company shall at all times keep an accurate map showing the location of all gas mains and service pipes laid and maintained by the Company under the provisions of this franchise, and the maps shall be accessible for public inspection at all times during reasonable hours. Two copies of an up-to-date map of the natural gas system shall be furnished to the City and will be revised by the Company appropximately every sixty (60) days or when needed as requested by the City Engineer, with the same being done at the expense of the Company. [Ord. No. 5-66, § 15, 18 Jan 1966] Sec. 411.16 Regulations for Work under Franchise. This franchise and all work that may be done hereunder shall be subject to valid, reasonable regulations, rules, laws, and ordinances as may be in force or which may hereafter be en- acted or adopted for the regulation and use of the streets and highways of the City, and for the general welfare and safety of its citizens and the protection and safeguarding /7 7F - § 411.16 GAS SERVICE § 411.18 of their lives and property. The right is hereby reserved to the City to adopt, in addition to the provisions herein contained and existing applicable ordinances, such additional regulations as it shall find necessary in the exercise of the police powers provided that such regulations by or- dinance or otherwise shall be reasonable, and not in con- flict with the rights herein granted, and shall not be in conflict with the laws of the State of Florida. [Ord. No. 5-66. § 16, 18 Jan 1966] Sec. 411.17 Emergency. The Company shall have the right to use propane air through the 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 be defined by franchise, and the inspection by such gas engineer may be made, once a day or more often, as may be necessary or proper to ascertain the accuracy and efficiency of the gas meters and whether the heat unit quality of the gas furnished con- forms,to the standards provided by this franchise, and it shall be and become the duty of the Company to replace any meter in the event of its over registration of two percent (2%) or more. The gas meters shall be and remain the property of the Company, and the Company shall have the right by reasonable rules and regulations to govern the furnishing and maintenance of such gas meters. (B) The Company agrees that during the term of this franchise and any extension thereof it will, subject to approval of the Federal and Florida Public Utilities Com- missions, and where not inconsistent with the rules and regulations of said commissions, furnish to the ultimate residential consumers service lines from mains including the meter without cost to the consumers. In the event the aforesaid commissions require charges for customers service lines, the Company agrees that charges therefor will not exceed the actual cost of installation or the amount required by said commissions, whichever is lower. $ 411.18 GAS SERVICE $ 411.18 (C) Service Standards. The Company shall maintain and operate its plant and system and render efficient service in accordance with the rules and regulations as are, or may be, set forth by the Commission as provided for in § 411.16, or by the Public Utilities Commission of the State of Florida. (1) Odorizing of Gas. Gas furnished to consumers under this franchise shall be of marketable quality and free from impurities except that it shall contain some element or compound with an easily detectible odor in an amount sufficient to be noticeable when the gas is released but not sufficient to be harmful to human and animal life or to interfere with com- bustion. (2) Heating Value. Gas sold, supplied, and delivered under this franchise shall be maintained at a monthly average of not less than 950 British Thermal Units of heat value per cubic feet. (a) Deviation. The heating value of the gas shall be maintained with as little deviation as practicable and such heating value shall never exceed or fall below the standard average heat- ing value established hereunder by more than two percent (2%) of the standard. If the monthly average value falls below the stipulated average quality by more than two percent (2%), the Com- mission shall have the right to penalize the Com- pany by requiring a refund to all customers on their appropriate monthly bills proportionate to the deficiency below the standard. (b) Calorimeter Tests Required. The Company shall equip itself with a complete, standard calorimeter and shall determine the heat value of the gas at least twice a week, not on consecutive days. The tests may be made at any point within the limits of the distribution system. (c) Ascertaining Monthly Average. The monthly average heating value of the gas shall be obtained by averaging the heat value found as a result of all periodic calorimeter tests as provided here- under. The Council shall have the authority to permit the Company to submit other proof of the quality of the gas, in lieu of individual tests made on the City mains, where such proof of quality 5 411.18 GAS SERVICE § 411.18 is prepared for and accepted by other cities being served by the same Company on the same pipeline and from the same source of supply. (d) Change of Average Monthly Value. The Company shall have the right to designate a higher or lower minimum average than specified herein, provided approval of the Council for such change is received at least sixty (60) days before the effective date thereof. Any change, adjustment, or replacement of appliances or parts thereof made necessary by the change in the average value of the gas shall be made by the Company, at its own expense, within a reason- able time after the change becomes effective but no longer than sixty (60) days. (3) Pressure. Gas pressure, except industrial and commercial, as measured at the outlet of the Company's service to any consumer shall never be less than nine (9) inches or more than fourteen. (14) inches of water column, to be determined as herein provided. (a) Stationary Gauge. The Company shall maintain a graphic recording pressure gauge at a point in the distribution system to be designated by the City as typical of average pressure. (b) Portable Gauge. The Company shall also keep and maintain a portable graphic recording gauge which shall be used on the request of the City or of any customer of the Company within the limits of the City, to test the pressure at any point in the distribution system where it connects with the service of a customer. (4) Meter Accuracy. All gas service shall be supplied through meters which shall accurately measure the amount of gas supplied to any consumer. (a) Request for Meter Check. The Company shall at any time when requested by a consumer make a test of the accuracy of any gas service meter. (b) Result of Meter Check. If, upon test, it is found that such meter overruns to the extent of more than two percent (2%), the Company shall pay the cost of such tests and shall make a refund for overcharges collected since the last known date § 411.18 GAS SERVICE § 411.20 !c- of accuracy but for not longer than six months, on the basis of the inaccuracy found to exist at the time of the tests. If the meter is found to be accurate or slow or less than two percent (2%) fast, the customer shall pay the reasonable cost of such testing. (c) Compulsory Check. Every meter, whether com- plained of by a customer or otherwise, shall be removed from service at least once every seven years and thoroughly tested for its accuracy. Any meter found inaccurate upon any test beyond the tolerance of two percent (2%) shall not be returned to service until properly adjusted. (5) Notice of Interruption of Service for Repairs. Whenever it is necessary to shut off or interrupt ser- vice for the purpose of making repairs or installations, the Company shall do so at such time as will cause the least amount of inconvenience to its customers, and un- less such repairs are unforeseen and immediately neces- sary, it shall give reasonable notice thereof to the consumer. [Ord. No. 5-66, § 18, 18 Jan 1966] Sec. 411.19 Rules of Company for Conduct of Business. The Company shall have the authority to promulgate such rules, regulations, terms and conditions governing the conduct of its business as shall be reasonably necessary to enable the Company to exercise its rights and perform its obligations under this franchise and to assure an uninterrupted service to each and all of its customers; provided, however, that such rules, regulations, terms and conditions shall not be in conflict with the pro- visions hereof or with the laws of the State of Florida, and shall be subject to approval by the Public Utilities Commission of the State of Florida. [Ord. No. 5-66, § 19, 18 Jan 1966] Sec. 411.20 Records, Access of City to. The City shall have access to all of the Company's plans, contracts, and engineering, accounting, finance, statistical, customer and service records relating to the property and the operations of the Company at all reasonable hours and to all records required to be kept hereunder. The following records and reports shall be filed with the City Clerk and in the local office of the Company. (A) Calorimeter Tests. Copies of all calorimeter tests required hereunder. $ 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 authority to inspect and audit the current records of gross revenue of the Company for any annual period at any reasonable time within three (3) years after the expiration of such annual anniversary. The gross revenue records of the Company for any annual period shall be closed to the City after three (3) years from the said annual anniversary. [Ord. No. 5-66, § 20, 18 Jan 1966] Sec. 411.21 Deposit of Guarantee with City. As further consideration of the terms of this franchise, the Company agrees to and shall upon the final adoption of this fran- chise place the sum of Five Thousand ($5,000.00) Dollars in Escrow with the City. Said sum of Five Thousand ($5,000.00) Dollars shall be held in a Special Account by the City and in the event of default by the Company in failing to commence the operation of said natural gas system within one (1) year from the dateof the final adoption of this franchise, all the right, title, claim and interest of the Company in and to the said sum of Five Thousand ($5,000.00) Dollars shall terminate and said sum shall be retained by the City as liquidated damages. Upon the Company commencing the installation of said natural gas system, within one (1) year from the date of the final adoption of this franchise, then said sum of Five Thousand ($5,000.00) Dollars shall remain in the custody and control of the City as a deposit for the sums due_the City by the Company from time to time as provided for herein shall be deducted by the City from such deposit until such deposit shall be exhausted, after which time the Company shall pay to the City all sums due the City by the Company as such sums accrue and become due and payable. [Ord No. 5-66, § 21, 18 Jan 1966] § 411.22 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 sale. of .gas by the Company to customers residing outside the corporate limits of the City. However, upon the annexation of any territory to the City which is not now within the corpo- rate limits of the City, the portion of the Company's facilities that may be located within such annexed territory and upon the streets, alleys, and public ways thereof, shall thereafter be subject to all of the terms of this franchise as though it were an extension made thereunder. [Ord. No. 5-66, § 22, 18 Jan 1966] Sec. 411.23 Approval of Transfer. The Company shall not sell or transfer its plant or system to another, nor transfer any rights under this franchise to another with- out Council approval. No sale or transfer shall be ef- fective until the vendee, assignee, or lessee has filed in the office of the City Clerk an instrument, duly ex- ecuted, reciting the fact of such sale, assignment or lease, accepting the terms of the franchise and agreeing to perform all the conditions thereof. [Ord. No. 5-66, § 23, 18 Jan 1966] Sec. 411.24 Rules of Federal Utilities Commission Prevail. In the event of any conflict between the terms of this franchise and rules and regulations of the Federal and Florida Public Utilities Commissions now or hereafter in effect, the rules and regulations of such Commission shall prevail; except that where such rules and regulations provide standards less stringent than provided for herein or hereafter adopted, and said standards shall continue in force and effect where permitted by said Commissions. [Ord. No. 5-66, § 24, 18 Jan 1966] Sec. 411.25 Streets, Regulation of by City. (A) Nothing inthis franchise shall be construed as a surrender by the City of its right or power to pass ordinances regulating the use of its streets and other public ways. (B) Granting of this franchise shall not excuse the Company herein from paying a reasonable annual occupational license .fee to the City. [Ord. No. 5-66, § 25, 18 Jan 1966] § 411.26 i GAS SERVICE § . 411.26 Sec. 411.26 'Taxes, Right of City to Levy and Collect. Nothing herein shall be construed as affecting in any manner the right of the City to levy or collect taxes pay- able by the consumer for services provided by the Gas Company as now authorized or which may hereafter be authorized under the Laws of the State of Florida or the Charter of the City. [Ord. No. 5-66, § 26, 18 Jan 1966] § 413.01 TFT FPHONE 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 (196) 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 SEM= § 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 shall be known and may be cited as the Southland Communications, Inc., formerly known as Five Beaches Cable T.V., Inc., Television Company Franchise Code. [Ord. No. 36-64, § 1, 15 Sept 1964; Ord.No.16-79, § 1, 18 Sep 1979] Sec. 415.02 Definitions. For the purposes of this franchise, the following terms, phrases, words, and their derivations shall have the meaning given here. When not inconsistent with the context, words used in the present tense include the future, words in the plural number in- clude the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. City is the City of Cape Canaveral, Florida. Company is the grantee of rights under this franchise. Council is the Council of the City of Cape Canaveral, Florida. Person is any person, firm, partnership, association, corporation, company or organization of any kind. [Ord. No. 36-64, § 2, 15 Sep 1964] Sec. 415.03 Grant and Terms. (A) In consideration of the benefits that will accrue to the City of Cape Canaveral, Florida, and the inhabitants thereof, and of the payment by the grantee, Southland Com- munications, Inc., formerly known as Five Beaches Cable T.V., Inc., a Florida Corporation, to said City of Cape Canaveral, Florida, the total sum collected of the amounts designated as "franchise fee" on the Schedule of Charges of the grantee as approved by the Commission for each year of the franchise hereinafter granted, Southland Communications, Inc., formerly known as Five Beaches Cable T.V., Inc., a Florida Corporation, its successors and assigns, herein re- ferred to as the grantee, is hereby given and vested with the nonexclusive right, authority, easement, priviledge and franchise to construct, erect, suspend, install, lay down, repair, renew, maintain, operate and conduct in the § 415.03 CALBE TV SERVICE § 415.04 City of Cape Canaveral, Florida, a plant or plants and/or system or systems for the distribution and reception of television signals for all purposes whatsoever, for a period of time beginning on September 15, 1979 and ending at midnight fifteen (15) years from 15 September 1979. Southland Communications, Inc., formerly known as Five Beaches Cable T.V., Inc., a Florida Corporation, is given the option of renewal on the terms and conditions of the franchise herein granted. [Ord. No. 16-79, § 1, 18 Sep 1979] (B) The grantee is hereby given, granted and vested with the nonexclusive right, authority, easement, privilege and franchise to construct, erect, suspend, install, renew maintain, operate and conduct throughout the City of Cape Canaveral, Florida, a system of poles, towers, conduits, cables, underground cables, and conduits, conductors, amplifying equipment on poles, fittings and all appliances or appurtenances as necessary or desirable to the furnish- ing, distribution or sale of the television reception ser- vice for all purposes whatsoever or to the operation of the community antenna system, over, under, along and across all streets, avenues, alleys, ways, bridges, rivers and waterways, and public places in the City of Cape Canaveral, Florida, as they now exist or may hereafter exist or be laid out or extended, together with the further right, privledge, and franchise to construct, erect, sus- pend, install, lay, renew, repair, maintain, and operate such poles, towers, conduits, cables, underground cables and appliances and appurtenances necessary or desirable to the distribution within, into, through, over and above and beyond the City of Cape Canaveral, Florida, and fur- nishing, supplying and distributing to the City of Cape Canaveral, Florida, and to the inhabitants both within and beyond the limits thereof, television reception ser- vice and for the purpose of extending its lines beyond the limits of the City of Cape Canaveral, Florida, together with the further right to contract with power company and/or telephone company for the use of its poles and equipment and appliances for use in carrying to the inhabitants and corporations of the City of Cape Canaveral, Florida, and beyond said television reception service. [Ord. No. 36- 64, § 3, 15 Sept 1964] Sec. 415.04 Compliance with Applicable Laws and Or- dinances. The Company shall at all times during the life of this franchise, be subject to all lawful exercise of the police power by the City, and to such reasonable reg- ulation as the Council shall hereafter by resolution or ordinance provide. [Ord. No. 36-64, § 4, 15 Sep 1964] § 415.05 CABLE TV SERVICE § 415.07 Sec. 415.05 Service Standards. The Company shall maintain and operate its system and render efficient service in accordance with the rules and regulations as are set forth by the Council as provided for in § 415.08, or by the Public Utilities Commission of the State of Florida. [Ord. No. 36-64, § 5, 15 Sep 1964] Sec. 415.06 Notice of Interruption for Repairs. Whenever it is necessary to shut off or interrupt service for the purpose of making repairs, adjustments or instal- lations, the Company shall do so at such time as will cause the least amount of inconvenience to its customers, and unless such interruption is unforeseen and immediate- ly necessary, it shall give reasonable notice thereof to its customers. [Ord. No. 36-64, § 6, 15 Sep 1964] Sec. 415.07 Conditions on Street Occupance. (A) Approval Procedure. All installations shall be done only in accordance with plans first submitted to and approved by the City Engineer or officer, employee, persons, or firms designated by the Council. The City Engineer is herein for convenience called "engineer." Any repair work which requires the disturbance of the sur- face of any street or which will interfere with traffic, shall not be undertaken without prior permission and approval of the manner of doing the work by engineer. (B) Requirements. All installations shall be done in a neat and workmanlike manner, all construction shall conform to the requirements of the National Electric Safety Code and any statutes, regulations and ordinances governing the same or similar installations. (C) Use. All transmission and distribution structures, lines and equipment erected by the Company within the City shall be so located as to cause minimum interference with the proper use of streets, alleys and public ways, and places, and to cause minimum interference with the rights of reasonable convenience of property owners who adjoin any of the said streets, alleys or other public ways and places. (D) Restoration. In case of any disturbance of pave- ment, sidewalk, driveway or other surfacing, the Company shall, at its own cost and expense and in a manner approved by the City Building Inspector, replace and restore all paving, sidewalk, driveway or surface of any street or alley disturbed, in as good condition as before said work was commenced. $ 415.07 CABLE TV SERVICE § 415.07 (E) Relocation. In event that at any time during the period of this franchise the Council shall lawfully elect to alter, or change the grade of any street, alley, or other public way, the Company upon reasonable notice by the Council, shall remove, relay and relocate its poles, wires, cable, underground conduits, manholes and other telephone fixtures at its own expense. (F) placement of Fixtures. The Company shall not place poles or other fixtures where the same will inter- fere with any gas, electric or telephone fixture, water hydrant or main, and all such poles or other fixtures placed in any street, shall be placed at the outer edge of the sidewalk and inside the curb line, and those placed in alleys shall be placed close to the line of the lot abutting on said alley, and then in such a manner as not to interfere with the usual travel on said streets, alleys and public ways. (G) Temporary Removal of Wire for Building Moving. The Company shall, on the request of any person holding a building moving permit issued by the Council, tempo- rarily raise or lower its wires to permit the moving of buildings. The expense of such temporary removal, raising or lowering of wires shall be paid by the person requesting the same, and the Company shall have the authority to re- quire such payment in advance. The Company shall be given not less than one week advance notice to arrange for such temporary wire changes. (H) Tree Trimming. The Company shall have the. authority to trim trees upon and overhanging streets, alleys, sidewalks, and public places of the City so as to prevent. the branches of such trees from coming in con= tact with the wires and cables of the Company, all.trim- ming to be done under the supervision and direction of the Council and at the expense of the Company. (I) Safety Precautions. The Company's work while in progress shall be properly protected at all times with suitable barricades, flags, lights, flares, or other devices to protect all members of the publichaving 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 rightis 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 be reasonable, and not in conflict with the rights herein granted, and shall not be in conflict with the laws of the State of Florida. (B) Use of System by Council. The Council shall have the right, during the life of this franchise, free of charge, where aerial construction exists, of maintaining upon the poles of the Company within the City limits, wire andpole fixtures necessary for a police and fire alarm system, such wires and fixtures to be constructed and maintained to the satisfaction of the Company and in accordance with its specifications. (1) Compliance with Company Rules. The Council, in its use and maintenance of such wires and fixtures, shall at all times comply with the rules and regulations of, the Company so that there may be a minimum danger of contactor 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 thissection and shall save the Company harmless from all claims, and demands whatsoever arising out of the attachment, maintenance, change or removal of said wires and fix- tures to the poles of the Company. In case of re-• arrangement of the Company plant or removal of poles or fixtures the Council shall save the Company harm- less from any damage to persons or property arising § 415.08 CABLE TV SERVICE § 415.09 out of the removal or construction of its wires or other fixtures. (C), Supervision and Inspection. The Council shall have the right to supervise all construction or instal- lation workperformed subject to the provisions of this franchise and to make such inspections as it shall find necessaryy 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 granteescontemplated by the grant, or related work upon grantee'ssystem, whether directly authorized by this grant or not. (B) Permanent Payment and Performance Guarantee. The Company .will furnish bond, or its equivalent, to q3 § 415.09 CABLE TV SERVICE § 415.10 the Commission iri the sum of Five Thousand Dollars ($5,000.00) which shall be renewed each year and remain in full force and effect throughout the terms of this franchise to guarantee the payment of all sums which may become due to the Council for rentals, inspections, or work performed for the benefit of the Company under this franchise, including the removal of attachments upon termination of this franchise, by and of its provisions, and such bond or its equivalent, shall guarantee to the Council the performance by the Company of all the pro- visions of this franchise and all laws, rules and reg- ulations herein permitted to be adopted and enforced. (C) Prior to commencing construction of any kind, grantee shall have in full force and effect and there- after constantly maintain and file evidence thereof with the City Auditor and/or Clerk, a good and sufficient policy or policies of insurance covering One Hundred Thousand Dollars ($100,000.00) personal injury, each person; Three Hundred Thousand Dollars ($300,000.00) personal injury each accident; and Fifty Thousand Dollars ($50,000.00) property damage to be executed by an insurance company or companies authorized and qual- ified to do business in Florida and conditioned to indemnify and save harmless the Council from and against any and all claims, actions, suits, liabilities, loss, costs, expenses, interest, attorneys fees or damage of any kind or description which may accrue to or be suffered by the Council or by anyone by reason of any construction, extension, repair, maintenance, operation or other work or by reason of anything that has been done;by the grantee hereunder which may in any way cause liability by reason thereof; provided, however, that whenever in the judg- ment of the Council, said insurance shall be deemed insufficient or inadequate, then grantee upon demand by said Council shall furnish new or additional insurance in such reasonable amount or amounts as may specified by it. [Ord. No. 36-64, & 9, 15 Sep 1964] Sec. 415.10 Charges and Services. The grantee shall have the right to charge and collect reasonable compen- sation from all subscribers to whom it shall furnish service under this grant and franchise. It is agreed that until otherwise provided by State law, the legis- lative authority of the Council shall have jurisdiction and control over the services authorized by this grant and franchise and over all rates and charges made there- fore,provided that the legislative authority of the Council shall never prescribe rates other than such as § 415.10 CABLE TV SERVICE § 415.13 shall be just, reasonable, adequate, and sufficient; and that its jurisdiction and control shall at all times be subject to review by the courts. The grantee shall sub- mit a proposed "Schedule of Charges" on every second anniversary of the effective date of this franchise, which then will be approved or modified by the Commis- sion. In the event the Commission fails to act as provided in the foregoing sentence, the schedule of charges then in force shall continue in effect. Grantee may petition the Council for a reconsideration of the "Schedule of Charges" at any time. [Ord. No. 36-64, § 10, 15 Sep 1964] Sec. 415.11 Compensation to the City. In consider- ation for the franchise granted herein, Southland Communications, Inc., formerly known as Five Beaches Cable T.V., Inc., will pay to the City a franchise fee in the amount of all sums collected as such as designated on the "Schedule of Charges" which is attached hereto as Sechedle "A" or incorporated herein. So much of the books of the Corporation as is necessary for independent ascertainment of the amounts collected as franchise fee will be open for inspection of the Council and/or their designated accountant. The said franchise fee shall be specifically three per- cent (3%) of the gross on service charges excluding all fees collected for installation or connection charges, and said franchise fee shall be paid to the City quarterly. [Ord. No. 36-64, § 11, 15 Sep 1964] Sec. 415.12 Interruptions. In the event the television signal service and/or the community antenna system should be interrupted or fail by reason of accident or otherwise beyond the control of the grantee, the grantee shall re- store the service within a reasonable time and such interruption shall not constitute a breach of this fran- chise, nor shall the grantee be liable for damage by reason of such interruption of failure. [Ord. No. 36-64, § 12, 15 Sep 1964] Sec. 415.13 Service Availability. A sample copy of all types of contracts to be entered into between grantee and its subscribers shall be filed with the Council. In the event that any subscriber shall breach said contract, the grantee reserves to itself the right to withhold and/or deny service to such subscriber. Service will be made available within a twelve (12) month period to all in- habitants of the City within the designated area on the § 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, shallthereafter 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 itssuccessor and/or assigns, shall within one hundred and twenty (120) days from the effective date. of grant of this franchise com- mence construction and laying cable for use within the City of Cape Canaveral, provided, however, that Southland Communications, Inc., formerly known as Five Beaches Cable T.V., Inc., is not barred or prevented from com- mencement of construction during this designated period § 415.17 CABLE 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. 7? § 415.18 CABLE TV SERVICE § 415.21 (formerly known as Five Beaches Cable T..V., Inc.) shall provide these organizations with time and the normal use of its facilities over this channel at no charge, provided the Council or the organization using this facility shall pay the Company for any out-of-pocket costs, fees, or extraordinary expense incurred by it in providing this service. [Ord. No. 36-64, § 18, 15 Sep 1964] Sec. 415.19 Assignment of Franchise. The grantee herein may assign its rights under this franchise with the consent of the Council, provided, however, this fran- chise shall not be assigned prior to the completion of the system or systems for the distribution and reception of television signals as set out in § 415.18. [Ord. No. 36-64, § 19, 15 Sep 1964] Sec. 415.20 Prohibitions. (A) Advertising. The Company shall not use the system for advertising purposes for itself or others without consent of the Council except that which is received from regular broadcasting stations merely relayed to the sub- scribers in the same manner as is received from such broadcasting stations with its normal program. (B) Regulated Public Utilities. The Company shall not use the system to interfere or conflict with services offered by public utilities regulated by the Florida Rail- road and. Public Utilities Commission. [Ord. No. 36-64`, § 20, 15 Sep 1964] Sec. 415.21 Breach Clause. In the event that the Company (Grantee) breaches in any particular its duties, responsibilities or obligations under this franchise, including but not limited to its before mentioned con- struction schedule and service availability schedule, then and in that event the City (Grantor) shall have the right to declare the franchise granted hereunder null and void and shall have the right to terminate the said franchise upon three (3) days notice to the Company (Grantee); and it is further provided that in such event the Company shall forfeit to the City the sum of One Thousand Dollars ($1,000.00) which has been heretofore:. deposited with the City as prepayment of the said fran- chise fees under this franchise. [Ord. No. 36-64, § 21, 15 Sept 1964] § 417.01 WA ER 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 pipesnow 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. 33-64, 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 expresslysubjectto the provisions of Section 167.22 of the Florida Statutes, including the right to purchase the system in Cape Canaveral, Florida, as provided in said section; however, the City of Cape § 417.05 WA'I R SERVICE § 417.07 Canaveral, Florida, shall not have the right to purchase the main transmission line by which water is conveyed by the City of Cocoa, Florida, to Cape Kennedy and intervening and surrounding territory. If the City of Cape Canaveral, Florida, shall purchase the said distribution system, then the rates for such future water sales shall be negotiated. [Ord. No. 38-64, § 5, 21 Sep 1964] Sec. 417.06 Exclusive Franchise. The City of Cocoa shall have the exclusive franchise to furnish water to the inhabitants of the City of Cape Canaveral, within the geographical territory of said City as now existing or as hereafter enlarged by legislative act or otherwise. [Ord. No. 38-64, § 6, 21 Sep 1964] Sec. 417.07 Regulations Regarding City Streets. The City of Cape Canaveral, Florida, does grant to the City of Cocoa, Florida, full right to install, maintain, repair, replace, enlarge, and extend a water distribution system, and for said purpose to enter upon any of the streets, avenues, alleys, -lanes and other public places in the City of Cape Canaveral, Florida, for the said purpose, subject to the conditions herein imposed. The City of Cocoa, Florida, in exercising the privileges herein granted, shall lay the said pipes under the said streets, avenues, alleys, lanes and other public places in the City of Cape Canaveral, Florida, in such manner as may not unreasonably interfere with the use of said streets for the purpose of travel by pedestrians and vehicles, and in such manner as may not, unreasonably interfere with the establishment of any storm sewers or drainage systems or any sanitary sewer system then in existence. The City of Cocoa, Florida, shall relocate, change or reconstruct such water distribution system facilities and the cost of such re- location, change or reconstruction or any other alteration to be borne by the City of Cape Canaveral, Florida, when necessary to permit proper drainage, sanitary facilities or to permit the widening, repaving, relocating, or re- construction of the streets, avenues, alleys, lanes and other public places due to the demands of public or private transportation to provide for the safety, speed and con- venience of the inhabitants of the said City of Cape Canaveral, Florida. The City of Cocoa, Florida, shall promptly restore the surfaces of all streets, avenues, alleys, lanes or other public places in which said water distribution system shall be laid after the construction of said system or the entry upon such places for the re- pair and maintenance thereof. Prior to the construction 00 § 417.07 Willa 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. § 417.09 WATER SERVICE § 417.12 The City of Cocoa shall be authorized to charge to the consumers of water in the City of Cape Canaveral a rate equal to that rate as now charged or as hereafter from time to time will be charged to consumers located outside the corporate limits of the City of Cocoa, Rockledge, Cocoa Beach, Florida, and any government installation. During the life of this franchise if increase in demand makes it desirable or necessary to add additional water facilities for the benefit of the City of Cape Canaveral, Florida, which by their expense to the City of Cocoa would create a decrease in anticipated net surplus; then a new rate schedule to be charged the consumer in the City of Cape Canaveral shall be negotiated before such facility is constructed and to be effective after the facility is installed and in operation. The charge for connection shall be that as made by the City of Cocoa Water Department which rate shall be uni- formly applied to all water consumers in the same zone being served by the City of Cocoa Water Department. [Ord. No. 38-64, § 9, 21 Sep 1964] Sec. 417.10 System Limitations. The City of Cocoa shall not assume the duty of supplying any portion or any inhabitants of the City of Cape Canaveral with water be- yond the reasonable capacity of the water system operated by it and the pipes laid by it in the City of Cape Canaveral, or unless the returns shall be commensurate with the invest- ment, and it shall not be required to extend the said water pipes to any territory or to any consumer that cannot be supplied with the system constructed by the City of Cocoa for the purpose of conveying water into the City of Cape Canaveral. [Ord. No. 38-64, § 10, 21 Sep 1964] Sec. 417.11 Franchise Authorized to Promulgate Regulations. The City of Cocoa shall be authorized and empowered to make reasonable rules and regulations governing the use.of the said water, time of and manner of payment for water furnished, including connection and cut-off charges, and cash deposits insuring payment of charges; provided the said regulations shall be uniform with reg- ulations applying to consumers within the City of Cocoa; and the City shall have the right to discontinue furnishing water to any consumer who shall not comply with such rules and regulations. [Ord. No. 38-64, § 11, 21 Sep-1964] Sec, 417.12 Exemption' from Taxation. The right privilege, franchise and easement herein granted, and the § 417.12 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,Hare and shall be public property of the City of Cocoa,. used for public.purposes, And -shall -be :exempt from all taxation, either ad valorem, excise, license, specific.or.otherwise, by`the City of Cape - Canaveral.. During the term of this franchise and agree- ment it.is understood and agreed that if the City of Cape Canaveral.shall levy any utility tax upon the water service.or sales to.the consumer, whereby it requires the City of Cocoa to incur.additional administrative expenses, then, any specific statute or.statutes not- withstanding, the City of Cocoa may charge such amount of additional administrative expenses as in the opinion of the City of Cocoa is just and proper against the individual consumer and said consumer's water charges will_be increased to reflect this. utility tax and, ad -ministrative expense for collection. [Ord. No. 38-64, § 12, 21 Sep 1964] Sec. 417.13 Fire Hydrants. The City of Cape Canaveral shall designate the location of fire hydrants on the existing mains, or those hereafter laid, and the City .of.Cocoa shall install the same, and the City of Cape Canaveral shall pay the same rental as paid by the City of. Cocoa for rental of hydrants. [Ord. No. 38-64, § 13, 21 Sep 1964] Sec.-417.14 Liability -.Bursting of Lines. In case of -the bursting of any of .the water mains or pipes in • the waterworks system, or incase itmay 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 noway 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 TnAltuL SERVICE 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 duediligence 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 insure adequate 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 ifnot, the minimum six inch (6")line is .installed. [Ord. No. 6-83, .S 1, 5 Apr- 83] § 419.01 FTFCTRIC .POWhit SERVICE § 419.04 CHAPTER 419 ELECTRIC POWER SERVICE Sec. 419.01 Electric Light and Power Franchise Granted;' Terms. There is hereby granted to Florida Power and Light Company (herein called the "Grantee"), its successors and assigns, the non-exclusive right, privilege 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 precedentto 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- e:cty. 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 vr,F,CTRIC 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 (6%) 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. fOrd. No. 25-81, § 7, 15 Dec 1981] PAGE REVISED 12-15-81 v. § 419.08 E FCTRIC 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 competition with 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) shallhave 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 § 505.01 NUMBERING OF BUILDINGS' AND PROPERTY CHAPTER 505 NUMBERING OF BUILDINGS AND PROPERTY § 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, §l, 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, §1, 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, §1, 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, §1, 3 Jan 85] § NUMBER OF BUILDINGS AND PROPERTY § 500.13 Sec. 50/.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, §l, 3 Jan 85] Sec. 504.13 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] § 533.01 STORM DRAINAGE § 533.02 CHAPTER 533 STORM DRAINAGE 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 Match 29, 1966, by the qualified freeholder electors of the City, in which such bond election a majority of the qualified freeholder electors entitled to participate therein did participate and vote on such issue at such bond election. (C) The cost of the project to be financed from the proceeds of the Bonds, in addition to the specific items contained in the plans and specifications, may include the acquisition of land or interest therein or of any fixtures, equipment or properties necessary or convenient therefor, engineering and legal expenses, fiscal expenses, expenses for the estimated costs, expenses for plans, specifications and surveys, interest during construction, administrative expenses, and such other expenses as may be necessary or incidental for the financing authorized by this Chapter. (D) The Bonds herein authorized, which when issued will constitute the only general indebtedness of the City, will not exceed twenty percent (20%) of the total assessed valuation as assessed by the City, of all taxable property, both real and personal, within the limits of said City. [Ord. No. 15-66, § 2, 1 Aug 1966] § 533.03 STORM 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 andsecurity of the legal holders of any and all of such bonds and the coupons attached thereto, all of which shall be of equal rank and without preference, priority or distinction of any of the Bonds or coupons over and other thereof, except as expressly provided there- in and herein. [Ord. No. 15-66, § 3, 1 Aug 1966] Sec. 533.04 Authorization of Bonds. Subject and pursuant to the provisions of this Resolution, Bonds of the City to be known as "Storm Drainage General Obligation Bonds, Series of 1966," herein sometimes referred to as "Bonds," are hereby authorized to be issued in the aggregate principal amount of One Million Two Hundred Thousand Dollars ($1,200,000). [Ord. No. 15-66, § 4, 1 Aug 1966] Sec. 533.05 Description of Bonds. The Bonds shall be dated August 1, 1966; shall be numbered consecutively from one upward in the order of their maturities; shall be in the denomination of $1,000 each; shall bear interest at not exceeding the legal rate; such interest to be payable semi-annually on August 1 and February 1 of each year, and shall mature serially in numberical order, lowest numbers first, on August 1 in the years and amounts as follows: Year Amount Year Amount 1968 $ 2,000 1983 $45,000 1969 5,000 1984 47,000 1970 8,000 1985 49,000 1971 11,000 1986 51,000 1972 15,000 1987 53,000 1973 19,000 1988 56,000 1974 24,000 1989 58,000 1975 28,000 1990 61,000 1976 33,000 1991 63,000 1977 35,000 1992 66,000 1978 36,000 1993 69,000 1979 38,000 1994 72,000 1980 40,000 1995 75,000, 1981 41,000 1996 57,000 1982 43,000 § 533.05 STORM DRAINAGE § 533.07 Such bonds shall be issued in coupon form; shall be pay- able with respect to both principal and interest in law- ful money of the United States of America, at such bank or banks to be subsequently determined by the City Council prior to delivery of the Bonds; and shall bear interest from their date, payable in accordance with and upon surrender of the appurtenant interest coupons as they severally mature. [Ord. No. 15-66, § 5, 1 Aug 1966] Sec. 533.06 Execution of Bonds and Coupons. The Bonds shall be executed in the name of the City by the Mayor and countersigned and attested by the City Clerk, and its corporate seal or a facsimile thereof shall be affixed thereto or reproduced thereon. The facsimile signatures of the Mayor or the City Clerk may be imprinted or reproduced on the Bonds, provided that at least one signature required to be placed thereon shall be manually subscribed. In case any one or more of the officers who shall have signed or sealed any of the Bonds shall cease to be such officer of the City before the Bonds so signed and sealed shall have been actually sold and delivered, such Bonds may nevertheless be sold and delivered as here- in provided and may be issued as if the person who signed or sealed such Bonds had not ceased to hold such office. Any Bond may be signed and sealed on behalf of the City by such person who at the actual time of the execution of such Bond shall hold the proper office in the City, although at the date of such Bonds such person may not have held such office or may not have been so authorized. The coupons attached to the Bonds shall be authenticated with the facsimile signature of any present or future Mayor of said City, and the validation certificate on said Bonds shall be executed with the facsimile signature of the Mayor. The City may adopt and use for such purposes the facsimile signature of any person who shall have been such Mayor at any time on or after the date of the Bonds, not- withstanding that he may have ceased to be such officer at the time such Bonds shall be actually sold and delivered. [Ord. No. 15-66, § 6, 1 Aug 1966] Sec. 533.07 Negotiability and Registration. The Bonds issued hereunder shall be and shall have all of the qualities and incidents of negotiable instruments under the law merchant and the Negotiable Instruments Law of the State of Florida, and each successive holder, in accepting any of said Bonds or the coupons appertaining thereto, shall be conclusively deemed to have agreed that § 533.07 STORM DRAINAGE § 533.08 such Bonds shall be and have all of the qualities and in- cidents of negotiable instruments under the law merchant and the Negotiable Instruments Law of the State of Florida, and each successive holder shall further be conclusively deemed to have agreed that said Bonds shall be incontest- able in the hands of a bonafide holder for value. The. Bonds may be registered, at the option of the holder, as to principal only or as to both principal and interest, on the books of the City at the office of the City Clerk, as registrar, such registration to be noted on the back of such Bonds in the space provided therefor. After such registration as to principal only or both principal and interest, no transfer of the Bonds shallbe valid unless made at said office by the registered owner or by his duly authorized agent or representative and similarly noted on the Bonds, but the Bonds may be discharged from registration by being in like manner transferred to bearer, and thereupon transferability by delivery shall be restored. At the option of the holder, the Bonds may thereafter again from time to time be registered or transferred to bearer as before. Such registration as to principal only shall not affect the negotiability of the coupons, which shall continue to pass by delivery. The City may make a reasonable charge for every such transfer sufficient to reimburse it for any expensesincurred by it; provided, however, that no charge shall be made by the City for the first transfer of any Bond from bearer to the registered owner and for the first reconversion from the registered owner to bearer. [Ord. No. 15-66, § 7, 1 Aug 1966] Sec. 533.08 Bonds Mutilated, Destroyed, Stolen or Lost. In case any Bond shall become mutilated, or be destroyed, stolen or lost, the City may in its discretion issue and deliver a new Bond with all unmatured coupons attached of like tenor as the Bond and attached coupons, if any, so mutilated, destroyed, stolen or lost, in exchange and substitution for such mutilated Bonds, upon surrender and cancellation of such mutilated Bond and attached coupons, if any, or in lieu of and substitution for the Bond and attached coupons, if any, destroyed, stolen or lost, and upon the holder furnishing the City proof of his ownership thereof and satisfactory indemnity and complying with such other reasonable regulations and conditions as the City may prescribe and paying such expenses as the City may incur. All Bonds and coupons so surrendered shall be cancelled by the Clerk of the City. If any such Bonds or coupons shall have matured or be about to mature, in- stead of using a substitute Bond or coupon, the City may § 533.08 STORM DRAINAGE § 533.11 pay the same, upon being indemnified as aforesaid, and if such Bond or coupon be lost, stolen or destroyed with- out surrender thereof. Any such duplicate Bonds and coupons issued pursuant to this section shall constitute original, additional con- tractual obligations on the part of the City whether or not the lost, stolen or destroyed Bonds or coupons be at any time found by anyone, and such duplicate Bonds and coupons shall be entitled to equal and proportionate benefits and rights as to lien on and source and security for payment from the funds, as hereinafter pledged, to the same extent as all other obligations and coupons issued hereunder. [Ord. No. 15-66, § 8, 1 Aug 1966] Sec. 533.09 Redemption Provisions. The Bonds of this issue maturing in the years 1968 to 1976, both in- clusive, are not redeemable prior to their respective stated dates of maturity. The Bonds maturing in 1977 and thereafter are redeemable prior to their respective stated dates of maturity, at the option of the City, in whole or in part, in inverse numerical order if less than all, on August 1, 1976, or on any interest payment date thereafter at par and accrued interest to date of re- demption, plus a premium of one-fourth of one per centum (1/4 of 1%) of principal for each year or fraction there- of from the date of redemption to the maturity of each Bond so called for prior redemption; provided that such premium shall never exceed three per centum (3%). 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: av § 533.11 STORM DRAINAGE § 533.11 No. $1,000 UNITED STATES OF AMERICA STATE OF FLORIDA CITY OF CAPE CANAVERAL STORM DRAINAGE GENERAL OBLIGATION BOND SERIES OF 1966 KNOW ALL MEN BY THESE PRESENTS, that the City of Cape Canaveral in Brevard County, Florida, (hereinafter re- ferred to as "City"), for value received, hereby promises to pay to the bearer hereof, or, if this Bond be registered, to the registered holder, as herein provided, on the first day of August 19 , the principal sum of ONE THOUSAND DOLLARS with interest thereon at the rate of per centum ( %) per annum, payable semiannually on February 1 and August 1 of each year, upon presentation and surrender of the annexed interest coupons as they severally become due. Both principal of and interest on this Bond are payable in lawful money of the United States of America at the or, at the option of the holder, at the . For the prompt payment of the principal of and interest on this Bond as the same shall become due, the full faith and credit of said City are hereby irrevocably pledged. This Bond is one of an authorized issue of Bonds in the aggregate principal amount of $1,200,000 of like date, tenor and effect, except as to number, interest rate (if all bonds do not bear the same rate), and date of maturity issued to finance the cost of acquiring and constructing a storm drainage system in such City under the authority of and in full compliance with the Charter of the City and pursuant to a Resolution and/or Ordinance of the City adopted on the 7th day of June 1966, (hereinafter called "Resolution"). This Bond is subject to all the terms and conditions of said Resolution. It is hereby certified and recited that all acts, conditions and things required to happen, to exist, and to be performed, precedent to and in the issuance of this Bond, have happened, exist, and have been performed in due time, form and manner as required by the Constitution and Laws of the State of Florida applicable thereto; that the issue of Bonds of which this Bond is a part has been approved at an election of freeholders held in accordance with the Constitution and Charter of the City on the 29th § 533.11 STORM DRAINAGE § 533.11 day of March 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, levied and collected. The Bonds maturing in the years 1968 to 1976, both inclusive, are not redeemable prior to their respective stated dates of maturity. The Bonds maturing in 1977 and thereafter are redeemable prior to their respective stated dates of maturity, at the option of the City, in whole or in part, in inverse numerical order if less than all, on August 1, 1976, or on any interest payment date thereafter at par and accrued interest to date of redemption, plus a premium of one-fourth of one per centum (1/4 of 1%) of principal for each year or fraction thereof from the date of redemption; provided that such premium shall never exceed three per centum (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 § 5 3 3.11 STOPM DRAINAGE § 533.11 FORM OF COUPON No. $ On the day of , 19 , the City of Cape Canaveral, Brevard County, Florida, will pay to the bearer at the or, at the option of the holder, at the , as described in the Bond to which this coupon is attached, the amount shown hereon in lawful money of the United States of America, upon presentation and surrender of this coupon, being six months' interest then due on its Storm Drainage General Obligation Bond, Series of 1966, dated August 1, 1966, No. (SEAL) CITY OF CAPE CANAVERAL, FLORIDA BY Richard R. Thurm Mayor (Insert in coupons maturing after first callable date the following: "unless the Bond to which this coupon is attached has been duly called for prior redemption and provision duly made for the payment thereof.") FORM OF VALIDATION CERTIFICATE This Bond is one of a series of Bonds which were validated and confirmed by decree of the Circuit Court of the Ninth Judicial Circuit of the State of Florida, in and for Brevard County, rendered on 1966. Richard R. Thurm Mayor PROVISION FOR REGISTRATION This Bond may be registered in the name of the holder on the books to be kept by the City Clerk of the City of Cape Canaveral, as Registrar, or such other registrar as may hereafter be duly appoined, as to principal only or both principal and interest, such registration being noted hereon by, such Registrar in the Registration blank below, after which no transfer shall be valid unless made on said books by the registered holder or attorney duly authorized and similarly noted in the registration blank below, but it may be discharged from registration by being § 533.11 STORM DRAINAGE § 533.13 transferred to bearer, after which it shall be transferable by delivery, but it may be again registered as before. The registration of this Bond as to principal shall not restrain the negotiability of the coupons by delivery merely, but. the coupons may be surrendered with the interest made pay- able only to the registered holder, in which event the Registrar shall note in the registration blank below that this Bond is registered as to interest as well as principal; and thereafter the interest will be remitted by mail to the registered holder. This Bond, when converted into a Bond registered as to both principal and interest, may be re- converted into a coupon Bond and again converted into a Bond registered as to both principal and interest as here- inbefore provided. Upon reconversion of this Bond, when registered as to principal and interest, into a coupon Bond, coupons representing the interest to accrue upon the Bond to date of maturity shall be attached hereto by the Registrar, and the Registrar shall note in the registration blank below whether the Bond is registered as to principal only or payable to bearer. The City may make a reasonable charge for every such transfer sufficient to reimburse it for any expenses incurred by it; provided, however, that no charge shall be made by the City for the first transfer of any Bond from Bearer to the registered owner and for the first reconversion from the registered owner to bearer. IN SIGNATURE DATE OF WHOSE NAME MANNER OF OF REGISTRATION REGISTERED REGISTRATION REGISTRAR [Ord. No. 15-66, § 11, 1 Aug 1966] Sec. 533.12 Pledge of Full Faith, Credit and Taxing Power. For the prompt payment of the principal of and interest on the Bonds, the full faith, credit and taxing power of the City are irrevocably pledged. [Ord. No. 15-66, § 12, 1 Aug 1966] Sec. 533.13 Covenants of the City. So long as any of the principal of or interest on any of the Bonds shall be § 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 STORM DRAINAGE § 533.14 in the Sinking Fund shall be retained in the Sinking Fund and applied as provided in subsection (A) above. All in- come on such investments in the Construction Fund may, at the option of the City, be deposited in the Sinking Fund or retained in the Construction Fund. (C) Books and Records. The City will keep books and records of the levy and collection of the taxes levied pursuant to these sections, which such records and accounts shall be separate and apart from all other books, records and accounts of the City. Any holder of a Bond or Bonds shall have the right at all reasonable times to inspect such books and records. (D) Assessed Valuation. In each year the City shall cause to be made, pursuant to such Chapter 63-1197 and other applicable provisions of law, an assessment of the full cash value of all taxable property within the City. Such annual assessment rolls shall be maintained in the office of the tax assessor and shall be open for public inspection at all reasonable times. (E) Delinquent Taxes. To the full extent provided by such Chapter 63-1197 and other applicable provisions of the law, the City shall forthwith and diligently en- force the collection of all taxes levied pursuant to these sections and which have become delinquent. (F) Annual Audit. The City shall also, at least once a year, within 60 days after the close of the fiscal year, cause the books, records and accounts relating to the City and to the taxes herein provided for to be prop- erly audited by a recognized firm of accountants and shall mail, upon request, and make generally available, the re- port of such audits to any holder or holders of Bonds. [Ord. No. 15-66, § 13, 1 Aug 1966] Sec 533.14 Construction Trust Fund. All of the pro- ceeds derived from the sale of the Bonds (exceptinterest accrued and interest for one year which shall be deposited in the Sinking Fund, and the costs and expenses incurred in connection with the preparation, issuance and sale of the Bonds) shall be deposited in a trust fund which is hereby created, established and designated as the "Con- struction Trust Fund." Such Construction Trust Fund shall be deposited and maintained with any banking in- stitution to be designated by the City Council prior to delivery of the Bonds. The moneys therein shall be used only for the payment of the cost of the project as § 533.14 STORM DRAINAGE § 533.18 hereinabove defined, and shall be withdrawn only when authorized in writing by the consulting engineers and by the City. Any balance of unexpended moneys in the.. Construction Trust. Fund after completion of such project shall be deposited in the Sinking Fund herein established. [Ord. No. 15-66, § 14, 1 Aug 1966] Sec. 533.15- Responsibility of the Bondholders. The holders of the Bonds shall have no responsibility for the application and use of the proceeds received from the sale thereof and the application and use of such proceeds by the City shall in no way affect the rights of the Bond- holders. [Ord. No. 15-66, § 15, 1 Aug 1966] Sec. 533.16 .Issuance and Sale of. Bonds. The Bonds of this -issue may.be issued and sold in one lot or in several lots in such manner and at such price.or prices, consistent with the provisions of these sections as the City Council shall hereafter determine. All of such Bonds, when issued will rank equally as to source and security for payment and in all other respects. [Ord. No. 15-66,, § 16, 1 Aug 1966] Sec. 533.17 Modification or Amendment. No material modification or amendment to this Chapter may be made without the consent in writing of the holders of sixty- seven per centum (67%) or more in principal amount of the Bonds then or more in principal amount of the Bonds then outstanding, provided, however, that no modification or amendment shall permit a change in the maturity of. such Bonds or a reduction in the rate of interest thereon, or in the amount of the principal obligation or affecting the unconditional promise of the City to pay the principal of and interest on the Bonds as the same shall become due, or reduce such percentage of holders of such Bonds, re- quired above, for such 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 public policy, or shall for any reason whatsoever be held invalid, then such covenants, agreements or provisions shall be null and void and shall be deemed separate from the remaining covenants, agreements or provisions, and in no way affect § 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, pn 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 821 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 collector 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, off:ice., manufacturing plant, or other place of business manufacture, service, or residence shall be considered a separate purchase for the purposeof computing the PAGE REVISED '21 SEP. 82 S 541.0.5 UTILITY TAX •S 5 41.' 0 8 maximum tax to be paid for the purchases during each month, regardless of the ownership, management, control, or,occupancy of such dwellings, apartment, stores, offices, or other places of business, service, manufacture, or residence hereinabove enumerated, and the monthly pur- chases of each such place of dwelling or business shall be computed separately, even though more than one of the same may be owned, occupied, managed, or controlled by the same person, or even though two or more of the same shall be serviced by a master meter. The .tax to be paid on -master meters shall be at a rate of ten percent of the said charge for the utilities service. [Ord. No. 64-10, 5,.28 Apr 1964] Sec. 541.06 Effective Date of Tax. The tax herein levied shall be effective upon each and every purchase in the City of Cape Canaveral of such utilities service from and after the.first day of February 1963 and, in all cases, where the seller shall collect the price thereof for monthly periods, the said monthly periods shall be computed on the basis of the calendar month; provided, however, that any seller may elect to compute the tax on the basis of a monthly period, other than a calendar month, if such seller shall file with the City Treasurer of the City of Cape Canaveral a written des- ignation of the monthly period to be used by the seller, and upon such designation the seller may use the' monthly period so designated as the basis for the computation of monthly charges. The said period may be changed by such seller from time to time by fixing a different monthly period and if by such change the period shall be lengthened or extended the maximum tax for any period of less than or more than one month resulting from the change of period shall be computed by increasing or reducing the said maximum proportionately to the excess or fraction of a month resulting from such change. [Ord. No. 64-10, § 6, 28 Apr '1964] Sec. 541.07 Computing Tax on Coinbox Telephones. For the purpose of computing the tax on coinbox telephones, the charge made by the seller to the purchasers for ser- vice through said telephones shall be deemed to be not more than the same charge for a private or individual business telephone in the same locality. [Ord. No. 64-10, § 7, 28 Apr 1964] Sec. 541.08 Tax:Exemptions. The. purchase of utilities service by the United States, the State of Florida, the County of Brevard, the City of Cape Canaveral, the Board § 541.08 UTILITY TAX § 541.12 of Public Instruction of Brevard County, and any other governmental subdivisions of any of said governing bodies shall be exempted from the taxes levied under this Chapter. [Ord. No. 64-10, § 8, 28 Apr 1964] Sec. 541.09 Collection of Tax. It shall be the duty of every seller of such utilities service to collect from the purchaser, for the use of the City of Cape Canaveral, the tax hereby levied, at the time of collecting the sel- ling price charged for each transaction, and to report and pay over, on or before the 15th day following the end of the month, either calendar or elective of the seller, to the treasurer of the City of Cape Canaveral all such taxes levied and collected during the preceding month. [Ord. No. 64-10, § 9, 28 Apr 1964] Sec. 541.10 Records. It shall be the duty of every seller of such utilities service to keep complete records showing all purchases in said City of such utilities ser- vice, which records shall show the price charged upon each purchase, the date thereof, and the date of payment there- fore, and the said records shall be kept open for inspection by the Treasurer of the City of Cape Canaveral, or any other duly authorized agent of the City of Cape Canaveral during all business hours on all business days; and the said Treasurer, or any duly authorized agent of the City, shall have the right, power, and authority to inspect the said records and make transcripts thereof during such times as he may desire; provided that the right of inspec- tion shall be exercised, as far as possible, so as to not interfere with the orderly arrangement and conduct of the books and records of the seller. [Ord. No. 64-10, § 10, 28 Apr 1964] Sec. 541.11 Bottled Water Exempt. The tax hereby levied shall not apply to purchases of bottled water. [Ord. No. 64-10, § 11, 28 Apr 1964] Sec. 541.12 Purchase of Utilities Service without Collecting Tax. It shall be unlawful for any purchase of utilities service without, at the same time, collecting the tax hereby levied in respect to such purchase, unless such seller shall elect to assume and pay such tax with- out collecting the same from the purchase. Any seller who shall fail to collect such tax at the time of collect- ing the price of any such purchase, where the seller has not elected to assume and pay such tax, shall be liable to the City for the amount of such tax in like manner as if the same had been actually paid to the seller. If the § 541.12 UTILITY TAX § 541.15 seller shall elect to assume and pay such tax, he shall pay the same each month to the City in the same manner as if such seller had actually collected said tax from the purchaser. [Ord. No. 64-10, § 12, 28 Apr 1964] Sec. 541.13 Failure to Pay Taxes Collected; Penalty. If any seller shall fail to pay any taxes collected or assumed by him within ten days after he shall be required to pay the same to the City, he shall be liable to and shall pay in addition to the said tax a penalty equal to one percent per day for each day the said payment shall be in default after the first ten days. If any seller shall be in default for more than ten days, the Treasurer of the City of Cape Canaveral shall be authorized and em- powered, and he is hereby directed to certify the fact of such default to the City Attorney, and thereupon the City Attorney shall be, and he is hereby, directed to enforce payment from such seller of the amount of such tax due to the City by action at law or suit in equity, and if the same shall be collected by action or suit the seller shall pay, as an additional penalty such reasonable attorney's fees as may be fixed by the court in which such action or suit is brought to reimburse the City for the expenses incurred for the services of the City Attorney in enforcing collection; provided, however, that in no event shall any seller be liable to the City for payment of any tax upon any uncollected bills. [Ord. No. 64-10, § 13, 28 Apr 1964] Sec. 541.14 Discontinuance of Utilities Service. If any purchaser shall fail, neglect, or refuse to pay to the seller the seller's charge for the sale to the purchaser of such utilities service and in addition thereto the tax hereby imposed on account of the purchase for which such charge is made, or either, the seller shall be authorized to and is hereby required to immediately discontinue the further sale or furnishing to any such purchaser of any such utilities service until the tax and the seller's charge shall have been paid in full. [Ord. No. 64-10, § 14, 28 Apr 1964] Sec. 541.15 Sale of Utilities Service without Collec- tion of Tax. It shall be unlawful for any seller, or any officer, agent, or employee of any seller, to collect the price to be received by the seller for the sale of any utilities service as herein described, without, at the same time, collecting the tax hereby levied in respect to the purchase of such utilities service. [Ord. No. 64-10, § 15, 28 Apr 1964] C § 541.16 UTILITY TAX § 5 41.20 Sec. 541.16 ,Payment of Utilities Service Without Payment of Tax. It shall be unlawful forany 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-. merit 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, bp'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 thosespecifically 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 o.f the aforesaid revenue obligations shall be outstanding or until provision for the full payment thereof shall have been made. [Ord. No. 64-10, § 21, 28 Apr 1964] COURT ASSESSMENT CHAPTER 543._. COURT ASSESSMENT 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 penalstatutesor ordinances. In those caseswhere such bond estreature or forfeited bail bond arises from .acts committed within the Cityor 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] 91 § 601.01 CR DE NAL STATUTES ADOPTED CHAPTER 601 FLORIDA CRIMINAL STATUTES ADOPTED 601.02 Sec. 601.01 Florida Statutory Misdemeanor Acts Prohibited. It shall be unlawful to commit, within the limits of the City of Cape Canaveral, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor; and the commission of such acts are hereby forbidden. [Ord. No. 1-62, § 1, 19 Jun 1962] Sec. 601.02 Penalty. Any person found guilty of violating any section of this Chapter shall be punished by the same penalty as provided by the laws of the State of Florida, but in no case shall such penalty exceed that provided in § 801.01 of this Code. [Ord. No. 1-62, § 2, 19 Jun 1962; Ord. No. 1-62A, 6 Aug 1963] § 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, theprimary 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 REGULATIONS5 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 15 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 grams 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 in writing on a form provided by the City Clerk to answer to the charge stated therein at the next regular session of a court of competent jurisdiction. (C) He shall obtain a written promise by the alleged violator that said violator will answer as specified in the citation or notice on the required date. [Ord. No. 1-72, § 1, 1 Feb 1972] Sec. 603.02 Police Authorized to Detain following Arrest. (A) In every case where a willful, wanton, and deliberate violation of law has occurred, the alleged violator may be detained by the Police Department until he is arrainged before a magistrate or judge of competent jurisdiction or he is released in accordance with § 603.03, below. (B) In every case where an arrest occurs under both § 316.028, Fla. Stat. (persons under influence of in- toxicating liquor or drugs) and § 316.029, Fla. Stat., (reckless driving), or it appears doubtful that the violator will appear pursuant to the process of § 603.01, above, the alleged violator shall be detained by the Police Department, until he is arraigned before a magistrate or judge of competent jurisdiction or he is released in accordance with § 603.03, below. [Ord. No. 1-72, § 1, 1 Feb 1972] § 603.03 ARREST PROCEDURE § 603.04 Sec. 603.03 Release from Detention. (A) Any person detained pursuant to § 603.02, above, may obtain his release by posting such bond as to insure his appearance for arraingment. (B) Any person detained pursuant to §603.02 (B), above, may, at the discretion of the arresting officer, obtain his release without posting bond if said person agrees to the impounding of the vehicle operated by the violator in accordance with §§ 681.01, 681.02. (C) Any person detained pursuant to § 603.02 (B), above, may, at the discretion of the arresting officer, obtain his release without posting bond if said person agrees to surrender his state operator's license until his appearance for trial and the payment of such fine as may be assessed against him. [Ord. No. 1-72, §§ 1, 2, 1 Feb 1972] Sec. 603.04 Violations of Procedure. Any police officer violating any of the provisions of this Chapter shall be guilty of misconduct in office and subject to disciplinary action. [Ord. No. 1-72, § 1, 1 Feb 1972] 10 § 604.01 UNLAWFUL CONSUMPTION § 604.03 OF ALCOHOLIC BEVERAGE CHAPTER 604 UNLAWFUL CONSUMPTION OF ALCOHOLIC BEVERAGE Sec. 604.01 Prohibiting Consumption or Possession of Alcoholic Beverage. It shall be unlawful for any person to drink, consume or possess an open container of alco- holic beverage, including but not limited to, beer and wine, on or upon any street, alley, sidewalk or parking area open to the public in the ordinary course of business within the City of Cape Canaveral, Florida, provided, how- ever, that this prohibition shall not apply to the ocean beach. [Ord. No. 9-75, § 1, 6 May 1975] Sec. 604.02 Prohibiting Consumption or Possession of Alcoholic Beverage. It shall be unlawful for any person to drink, consume or possess an open container of alco- holic beverage, as defined in Chapter 561, Florida Statutes, within the confines of any public park, public recreational area, public recreation facility or public ball park with- in the City of Cape Canaveral, Florida, excluding the ocean beach. The City Manager may waive the prohibitions of this Section for any special event, including but not limited to com- munity picnics, charitable ball games and other events, provided that nothing contained herein shall be deemed to waive any provisions of the Florida law regulating alcoholic beverages. [Ord. No. 13-75, § 1,. 13 May 1975; Ord. No. 9-77, § 1, 17 May 1977] Sec. 604.03 Penalty. Any person convicted of a vio- lation of this Ordinance by a court of competent juris- diction shall be punished by a fine not to exceed One Hundred Dollars ($100.00), or by both such fine and imprisonment. [Ord. No. 13-75, § 2, 13 May 1975] 1\ § 605.01 CIVIL EMERC NCY § 605.03 CHAPTER 605 CIVIL EMERGENCY Sec. 605.01 Definitions. Civil Emergency is hereby defined to be: (1) A riot or unlawful assembly characterized by the use of actual force or violence or any threat to use force if accompanied by immediate power to execute by three or more persons acting together without authority of law. (2) Any natural disaster or manmade calamity including flood, conflagration, cyclone, tornado, hurricane, earth- quake or explosion within the corporate limits of the City of Cape Canaveral resulting in the death or injury of persons or the destruction of property to such an ex- tent that extraordinary measures must be taken to protect the public health, safety and welfare. Curfew is hereby defined as a prohibition against any person or persons walking, running, loitering, standing or motoring upon any alley, street, highway, public property or vacant premises within the corporate limits of the City of Cape Canaveral, excepting the persons officially desig- nated to duty with reference to said civil emergency. [Ord. No. 8-69, § 1, 21 Oct 1969] Sec. 605.02 Persons Authorized to Declare Civil Emergency. When in the judgment of the Mayor, or in the absence of the Mayor, the City Manager, or in the absence of the City Manager, any available councilman, a civil emergency as defined herein is deemed to exist, he shall forthwith pro- claim in writing the existence of same. [Ord. No. 8-69, § 2, 21 Oct 1969] Sec. 605.03 Powers when a Civil Emergency Exists. After proclamation of civil emergency, as described in §5 605.01, 605.02, the person declaring the civil emergency may order a general curfew applicable to such geographical areas of the City or to the City as a whole, as he deems advisable, and applicable during such hours of the day or night as he may deem necessary in the interest of the public safety and welfare. The person proclaiming a civil emer- gency is also empowered to close the stores or places of business and make such other temporary orders for the preservation of the peace or protection of life or prop- erty as he may deem necessary and such order shall have the force and effect of law. [Ord. No. 8-69, § 3, 21 Oct 1969] § 605.04 CIVIL EMERGENCY § 605.04 Sec. 605.0.4 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] §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, §1, 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 § 607.01 UNIAWFUL 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 5 608.05 CHAPTER 608 RESTRICTIONS ON FISHING 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, alongthe 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] 5 609.01 CURFEW FOR MINORS CHAPTER 609 CURFEW FOR MINORS § 609.03 Sec. 609.01 Loitering of Minor Prohibited: It shall be unlawful for any minor under the age of 18 years to loiter, idle, wander, stroll or play in or upon the public beaches, public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places between the hours of 10:00 p.m. and 6:00 a.m. of the following day official City time, except on Fridays and Saturdays, when the hours shall be 12:00 midnight to 6:00 a.m., provided, however, that the provisions of this Section do not apply to a minor accompanied by his or her parent, guardian or other adult person having the care and custody of the minor, or where the minor is upon an emergency errand or legitimate busi- ness, directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of this Section shall constitute a separate offense. [Ord. No. 8-66, 5 1, 3 Mar 1966; Ord. No. 30-74, § 1, 5 Nov 1974] Sec. 609.02 Responsibility of Parents: It shall be unlawful for the parent, guardian or other adult person having the care and custody of a minor under the age of 18 years to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public beaches, public streets, highways, roads, alleys, parks, play- grounds or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lot or other unsupervised places, between the hours of 10:00 p.m. and 6 a.m. of the following day official City time, except on Fridays and Saturdays when the hours shall be 12:00 midnight to 6:00 a.m; provided, however, that the provisions of this Section do not apply when the minor is accompanied by his or her parent, guardian or other adult person having the care and custody of the minor or where the minor is upon an emergency errand or legitimate business directed by his or her parent, guardian or other adult person having the care and custody of the minor. Each violation of this Section shall constitute a separate offense. [Ord. No. 8-66, § 2, 15 Mar 1966; Ord. No. 30-74, § 2, 5 Nov 1974] Sec. 609.03 Loitering of Minor Prohibited: It shall be unlawful for any minor under the age of 14 years to loiter, idle, wander, stroll or play in or upon the public § 609.03 CURFEW FOR MINORS § 609.05 beaches, public 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 1U § 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 1966; Ord. No. 30-74, § 5, 5 Nov 1974] Sec. 609.06 Penalty: Any minor under the age of 18 years violating the provisions of Section 1 or 3 of this Ordinance shall be referred to the Division of Youth Ser- vices for the State of Florida. Any parent, guardian or other adult person having the care and custody of a minor violating Section 2 or 4 of this Ordinance shall be fined not more than $100.00 for each offense. [Ord. No. 8-66, § 6, 15 Mar 1966; Ord. No 30-74, § 6, 5 Nov 1974] Sec. 609.07 Invalidity or Unconstitutionality by any Court of Competent Jurisdiction: If any section, sub- section, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitu- tional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and in- dependent provision and such holding shall not affect the validity of the remaining portions hereof. [Ord. No.30-74, § 8, 5 Nov 1974] §610.01 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- elementsand 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, buildingofficial, 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. Wheneverthe. 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 abandoned property, junk or junk vehicle(s) from public property or shown CHAPTER REVISED 18 NOV 86 §610.03 ABANDONED PROPERTY §610".05 reasonable cause for failure to do so, the enforcement officer may cause the abandoned proper.ty, 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 the cost 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 and is 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 to be 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 ABANDONEDPROPERTY§610.07 posting, the enforcement officer shall mail a copy of. thenoticeto 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 .often (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(s) 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, §i, 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 property and the owner with the actual cost of labor performed and mater- ials furnished in removing the abandoned property, junk orjunk 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 toolsand 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, an.d the liens for special assessments for public CHAPTER REVISED 18 NOV'86 §610.07 ABANDONED PROPERTY §61`0.11 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 to the City for which said lien is claimed. The amounts so expended by the City shall become due within one (1) month after the expenditure of the same, and if not paid within said time, shall bear interest after one (1) month from the date thereof at the rate of one percent (1%) per month until paid. Upon payment of the amount due for said work, the City Clerk shall enter on said record the fact and date of payment thereof, and such entry of payment by the City Clerk shall constitute a discharge of the lien. [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 bereclaimed 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 ofduties 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 §'613.04 CHAPTER 613 . STANDARD PLUMBING CODE Sec. .613.01 Standard Plumbing Code Adopted. The following. Code is .hereby adopted by' reference. as though was as copied herein fully:' Standard Plumbing' Code - 1988 :Edition, with 1989 Revisions,. including. Appen- dixes..[Ord. No. 3-72, § 2, 18 Apr 72; Ord._No. § 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 g. Standard Plumbin'Code, as adopted, are deleted. [Ord. § 2; 18 Apr 72; Ord. No. 13.-82,'1 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 used .in the Standard Plumbing Code. it —shall be .construed: -to mealy -the -.Building Official, of the_City -of Cape Canaveral, Florida or his 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 noncompliance,_ respectively, be punished as provided. in §80.1...01..[Ord. No. 3-72, §, 3,'18 Apr 72;..O.rd.' No. 13-82, .§ 8, 7 Sep 82] CHAPTER.REVISED 6 MAR 90 614.01 STANDARD MECHANICAL CODE §614.03 CHAPTER 614. STANDARD MECHANICAL CODE Sec. 614.01 Standard Mechanical Code Adopted. The foliowing 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, orwho shall build '.in` violation of f 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 $2] CHAPTER REVISED )..6.MAR 9'0 § 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 Code it 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 orfail to .comply with any orderor 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 severallyfor eachand 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 Authority or Official. Whenever, the term Administrative. Authority -or Official is- used in the NationalElectrical 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 sha1.1 .be -required in both residential.and commercial ..b.u.ildings 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 fo.r 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 minimum 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 life or property, a master electrician ora 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 oroutlets or six (6) receptacle outlets or eight (8) combinations with no more than six (6) receptacles. E. Steel tube EMT shall not be used dn'unsuspended concrete slabs. •F.'> 'Dishwashers, refrigerators and ' a],1, water- pump systems`,shall be on separate circuits. Disposers'shall have a switch within sight and reach, not'to exceed six (6) feet. G.i jElectric 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 APR 86 §617.11 ELECTRICAL :CODE 4 §61:7; 13 0.All recessjighting 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.'"A11 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 shallbe provided. S. Circuit identification. The contractor shall identify all branch circuits at the panel before calling for final inspection. t 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 ofthe blade, shall have an approved protective guard enclosing the blade. V. A11 bell ringing transformers mustEbe.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 maybe 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 A'ddit'ions, Remodeling and Rewiring." In the wiring of new buildings or the 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 the existing wiring installation is remodeled or changed, 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 service shall also be revised and size in- creased to carry the new total load. Where existing CHAPTER REVISED 1 APR 86 §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 Apr 1986] 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 asprovided in §801.01. [Ord. No. 3-72, §3, 18 Apr1972; Ord. No. 6-86, §1, 1 Apr 1986] CHAPTER REVISED 1 APR 86 6 r , T9 § 618.01 SOLAR ENERGY STANDARDS § 618.04 CHAPTER 618 SOLAR ENERGY STANDARDS 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] § 619.01 STANDARD HOUSING. CODE § 619.04 CHAPTER 619 STANDARD HOUSING. CODE Sec.. 619.01 Standard Housing Code Adopted The followingCode is herebyadopted 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, 1.9 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. 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. ,.4-6.7, § 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 .. 106. 1.' 1 of Sec. 619.03::. Administrative Authority or Official Wheneverthe term Administrative Authority or Official is used in the Standard Housing Code itshall be construed to mean theBuildingOfficial 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 failto 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 certificateor 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 § 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 .Adm-inistrative_ 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-. merit,, in'. the'.event; of aril 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 t'o 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] CHAPTER REVISED 6 MAR 90 § 623.01 SPECIAL INSPECTOR - THRESHOLD BUILDINGS § 623.05 CHAPTER 623 SPECIAL INSPECTOR - THRESHOLD BUILDINGS Sec. 623.01 Laws of Florida Adopted. Chapter 83-160, Laws of Florida, Special Threshold Building Inspector, 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°acapability 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 24 § 623.05 SPECIAL INSPECTOR - THRESHOLD BUILDINGS § 623.05 (B) Any person, other than the state certified Special Inspector, who is sent to the job site 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 anyand all structural components before they are "covered.up". (F) The Shoring and reshoring plansmust 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 BUILDINGS § 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. b. c. d. e. f. Report on company letterhead The date and time of inspection Job name and complete address Detailed report noting any and and/or corrections The Inspector's approval The signature of the Inspector her printed name all changes under his/ (J) The City will maintain a copy of the as submitted by the Special Inspector. These be sworn evidence of the Inspector's findings review of the project work. daily reports records will during his (K) The contractor shall schedule a dual inspection with both the Special Inspector and the City Building Inspector, of all structuralcomponents 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 5 626.05 CHAPTER 626 LIFE SAFETY CODE 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).: fOrd. No. 4-84, § 1,3 Apr 84; Ord. No. 13-90,-S 1, 6 Mar 90; Ord. -No. 3-91, § 1, .19 Feb 91] 'Sec. 626.03 Municipal. Fite Inspector. - Whenever the term authorityhaving 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, 'S 1, 3 Apr 84] • • Sec. 626.05 Penalty. Any and all persons who shall violate any of the provisions of thischapter or shall fail:to:=cOmply:therewithv or:who shall violate. or fail to,domplT:with any orderor regulation made thereunder; orwhoshall 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, §627.03- CHAPTER 627 STANDARD SWIMMING POOL CODE 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, §1, 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 § 629.05 CHAPTER 629 NATIONAL FIRE PREVENTION CODE 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. L § 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 ($150.00) 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 emergencyor in lieu thereof have on file with the law enforcement and 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 ALARM SYSTEMS 6 654.09 Sec. 654.07 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. 18-89, § 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 § 654.11 ALARM SYSTEMS § 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. . Footcaindle: 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. •Jurisdict.ional 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 light is 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 soas to reduce artificial light on the beaches.. To meet this intent, building and electrical plans associated with parking lots, dune walkovers or other outdoor lighting S 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 620nanometers. . Commercially available: lighting that. satisfies the spectral criteria include.low-pressure sodium lamps. 3'.: Nolamp shall be directly visible from the beach. The useof opaquematerials 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.l_ight 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 901 . Sec. 659.07 Existing Development. A. It is the, policy of the City of Cape Canaveral to minimize artificial light illuminating within their- § 659.07 SEA TURTLE PROTECTION 5 659.11 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, § 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, § 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 May1 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. 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 ' recognitio'n 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 theexemptionnot 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]. 5 659.15. iSEA 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 'warping, 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 may,. be 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 $ 65.00 B. Commercial Customers $200.00 C. Industrial Customers: 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 based 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 5, 1 Sep 1964] Sec. 677.05 Enforcement. In case the person, persons or corporation responsible for the condition of premises on which mosquitoes breed or are likely to breed, fails or refuses to take necessary measures to prevent their breeding within three days after notice in writing has been given him by the agent of either this City or Brevard County, or within such longer time specified in the notice, the said person responsible shall be deemed guilty of a violation of this ordinance; and, for each day after the expiration of three days from the day on which such notice is given him, or for each day after the expiration of the time specified in the notice, as the case may be, that the person responsible fails or refuses to take such measures, the said person or corporation responsible shall be deemed guilty of a separate violation of this ordinance. In such case of such failure or refusal of the person or corporation responsible, the City Manager, or the City Police Department are authorized to take necessary measures to abate the conditions of which cause mosquitoes, and all necessary costs incurred shall be charged against the person or corporation responsible. [Ord. No. 29-64, § 6, 1 Sep 1964] Sec. 677.06 Penalty. Any person who violates any of the provisions of this chapter shall be punished by a fine not to exceed two -hundred -Fifty Dollars ($250.00) or imprisonment for not more than sixty (60) days, or both such fine and imprisonment. [Ord. No. 29-64, 5 7, 1 Sep 1964] 5 681.01 IMPOUNDING OF VEHICLES CHAPTER 681 IMPOUNDING OF VEHICLES 5 681.02 Sec. 681.01 Authority to Impound Vehicles. Members of the Police Department are hereby authorized to remove a vehicle from a street to the nearest garage or other place of safety, or to a garage designated or maintained by the Police Department, or by this municipality, under the circumstances hereinafter enumerated. (A) When any vehicle is left unattended upon any bridge, causeway or viaduct, or in any subway, where such vehicle constitutes an obstruction to traffic. (B) When a vehicle upon a street is so disabled as to constitute an obstruction to traffic, or the person or persons in charge of the vehicle are by reason of phys- ical injury incapacitated to such an extent as to be unable to provide for its custody and removal. (C) When a vehicle is found being operated upon the streets and does not meet the requirements of The Florida Uniform Traffic Code. (D) When any vehicle is left 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, stbrm or other emergency reason. (H) When the driver agrees in accordance with § 603.01 (E). [Ord. No. 1-72, 5 2, 1 Feb 1972] Sec. 681.02 Charges to be Paid. No vehicle impounded in an authorized garage as herein provided shall be re- leased therefrom until the charges for towing such vehicle into the garage, and storage charges have been paid. The charge for towing or removal of any such vehicle and stor- age charges shall be fixed by the City Judge, such charges § 681.02 IMPOUNDING OF VEHICLES § 681.03 to be based upon a computation of all actual expenses entering into the current cost of such services. Such charge or charges shall be posted for public inspection in the office of the City Clerk and in any authorized garage. [Ord. No. 1-72, § 2, 1 Feb 1972] Sec. 681.03 Notice of Impounding. (A) Whenever an officer removes a vehicle from a street as authorized in § 681.01, and the officer knows or is able to ascertain the name and address of the owner thereof, such officer shall immediately give or cause to be given notice in writing to such owner of the fact of such removal, and the reasons therefor, and of the place to which such vehicle has been removed. In the event any such vehicle is stored in an authorized garage, a copy of such notice shall be given to the proprietor of such garage. (B) Whenever an officer removes a vehicle from a street under § 681.01, and does not know and is not able to ascertain the name of the owner, or for any other reason is unable to give notice to the owner as hereinbefore pro- vided, and in the event the vehicle is not returned to the owner within a period of 3 days, then and in that event, the officer shall immediately send, or cause to be sent, written report of such removal by mail to the Department of Highway Safety and Motor Vehicles, and shall file copy of such notice with the proprietor of any authorized garage in which the vehicle may be stored. Such notice shall in- clude a complete description of the vehicle, the date, time and place from which removed, the reasons for such removal and the name of the garage or place where the vehicle is stored. [Ord. No. 1-72, § 3, 1 Feb 1972] § 682.01 TRUCK TRAFFIC CHAPTER 682 TRUCK TRAFFIC 682.02 Sec. 682.01 Definitions. For the purposes of this ordinance, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number and words in the sin- gular number include the plural number. The word "shall" is always mandatory and not merely directory. (A) City is the City of Cape Canaveral, Florida. (B) Deviating Truck is a truck which leaves and de- parts from a truck route while traveling inside the City. (C) Person is any person, firm, partnership, associ- ation, corporation, company or organization of any kind. (D) Truck is any vehicle designed or operated for the transportation of property, whose combined load and body weight exceed five (5) tons. (E) Truck Route is a way over certain streets, as designated herein over and along which trucks coming into and going out of the City must operate. [Ord. No. 11-79, § 1, 7 Aug 1979] Sec. 682.02 Application of Regulation. All trucks within the City shall be operated only over and along the truck routes herein established and on the other designated streets over which truck travel is permitted. (A) Exceptions. This ordinance shall not prohibit: (1) Operation on street of destination. The operation of trucks upon any street where necessary to the conduct of business at a destination point, provided streets upon which such traffic is permitted are used until reaching the intersection nearest the destination point. (2) Emergency Vehicles. The operation of emergency .vehicles upon any street in the City. (3) Public Utilities. The operation of trucks owned or operated by the City, public utilities, any contractor § 682.02 TRUCK TRAFFIC § 682.03 or material man, while engaged in the repair, maintenance or construction of streets, street improvements or street utilities within the City. (4) Detoured Trucks. The operation of trucks upon any officially established detour in any case where such truck could lawfully be operated upon the street for which such detour is established. [Ord. No. 11-79, § 1, 7 Aug 1979] Sec. 682.03 Truck Routes Established. There is hereby established within the City the following "Truck Routes:" (A) Outside Origin. (1) Outside destination point. All trucks entering the City for destination points outside the City shall operate only over State Highways AlA and 401. (2) Inside destination point. (a) One inside destination point. All trucks entering the City for a destination point in the City shall proceed only over an established truck route and shall deviate only at the intersection with the street, upon which such traffic is permitted, nearest to the destination point. Upon leaving the destination point, a deviating truck shall return to the truck route by the shortest permissible route. (b) Multiple inside destination points. All trucks entering the City for multiple destination points shall proceed only over established truck routes and shall deviate only at the intersection with the street, upon which such traffic is permitted, nearest to the first destination point. Upon leaving the first destination point a deviating truck shall proceed to other destination points by the shortest direction and only over streets upon which such traf- fic is permitted. Upon leaving the last destination point, a deviating truck shall return to the truck route by the shortest permissible route. (B) Inside Origin. (1) Outside destination point. All trucks, on a trip originating in the City, and traveling in the City for a destination point outside the City shall proceed § 682.03 TRUCK TRAFFIC § 682.05 by the shortest direction over streets on which such traffic is permitted to a truck route as herein es- tablished. (2) Inside destination points. All trucks, on a trip originating in the City, and traveling in the City for a destination point in the City shall proceed only over streets upon which such traffic is permitted. [Ord. No. 11-79, § 1, 7 Aug 1979] Sec. 682.04 Enforcement. (A) Clerk Maintains Maps. The City Clerk shall keep and maintain accurate maps setting out truck routes and streets upon which truck traffic is permitted; the maps shall be kept on file in the office of the City Clerk and shall be available to the public. (B) City to Maintain Signs. The City shall cause all truck routes and those streets upon which truck traffic is prohibited to be clearly sign -posted to give notice that this ordinance is in effect. (1) Failure to Post. No person shall be charged with violating the provisions of this ordinance by reason of operating a truck upon a street wherein truck travel is prohibited unless appropriate signs are posted on such street. (C) Weigh -In. The City Police agency shall have the authority to require any person driving or in control of any commercial vehicle not proceeding over a truck route or street over which truck traffic is permitted to pro- ceed to any public or private scale available for the purpose of weighing and determining whether this ordinance has been complied with. [Ord. No. 11-79, § 1, 7 Aug 1979] Sec. 682.05 Penalties. Any person violating any pro- visions of this Chapter shall be punished in accordance with the provisions of Section 801.01 of the Code of the City of Cape Canaveral, Florida. [Ord. No. 11-79, § 1, 7 Aug 1979] § 701.01 ANIMALS CONTROLLED CHAPTER 701 ANIMALS CONTROLLED § 701.06 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, 5 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 shall be 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 ina 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 § 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 § 7 0 3.01 LOT CLEARING § . 703.05 CHAPTER703 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 infestationby rodents and other wild animals, the. breeding of mosquitos and vermin, orto 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 excessiveaccumulation or untended growth of weeds, under- growth or other dead or living ,plant life over twelve (12) inchesin 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. 703.0.5 Notice. If the Building Official findsand 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 propertydescribed 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 DaCCLEARING 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 lienfron 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 (26) 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, th.e 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 by either 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 certificationuntil 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 LO 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 and the amounts 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 CHAPTER 711 NOISE REGULATIONS §.711.02 Sec. 711.01 .Policy -to Prohibit Noise Declared. It is,hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise 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, 51, 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 device is 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 for 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 tranquilityof 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 orplace so. as to annoy or disturb the quiet, comfort or repose of persons in any office, store, or 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 prevent loud, explosive, and unnecessary noise therefrom; (G) The use of any automobile, motorcycle or other vehicle so out of repair, 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 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: §721.01 A. Religious Institutions shall mean churches and ecclesiastical or denominational organizations or estab- lished physical places for worship in this State at which nonprofit religiousservices 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 Institutions shall 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 or contracts to excavate earth, rock or materialfor 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. Every person engaging in the business of accepting or offering to accept orders f.or contracts for doing any work on or in any buildingor 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 with any 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 §721.01 Merchandiseshall 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 inventory, and thosebusinesses which pay an ad- ditional occupational license tax based upon the number of employees or floor space in a particular classifi- cation. Vendors of food or flour, bottling works, pro- cessors of bakery and dairy products, stone works, planers or shapers of lumber and other persons who do not create a new or entirely new or different article shall be deemed merchants for the purpose of this chapter. Merchant Retail shall mean any merchant who sells to the consumer for any 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 be 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 averagedaily number of employees during the past year. A new business shall be based on number of employees on opening day. All principals in the business shall be deemed as employees and 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 trust,trustee, executor, administrator, receiver or other fiduciary and shall include the plural as well as the singular. CHAPTER REVISED 21 JUL 87 §721.01 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 the 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 occupation within 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, §1, 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 t'he agent for, any business, or who shall perform or 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 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. 721.07 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 therefor, the,ad- ditional amount of license fee found tobe 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 personshall be subject to revo- cation, if so determined by the council. [Ord. No. 19-87, §1, 21 Jul 87] CHAPTER REVISED 21 JUL 87 §721.15 OCCUPATIONAL LICENSES §721.17 �L- 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.ofeach 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 eachlicense 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 87 §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) percent of 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, 15 Sep 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 and for the same fee, except where otherwise specially provided. (Ord.No. 19-87, §1, 21 Jul 87] Sec. 721.25 Duty of corporations to comply with chapter provisions. It shall be the duty of all officers and agents of any corporation to see that such corporation complies with the provisions of the chapter, and all officers or agents of any corporation required by this chapter to be licensed who shall do business 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 required for each place of business. A separate license shall be obtained for each place of business conducted, operated, maintained, or carried on by every person CHAPTER REVISED 21 JUL 87 §721.27 2 ?, OCCUPATIONAL LICENSES §721.33 engaged i.n any occupation, trade or enterprise, for which a license is required by the ordinances of the City. [Ord. No. 16-81, §1, 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 licenses 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, §1, 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). For a transfer of location by the same ownership, there shall be a fee of three dollars ($3.00). Fees pre- scribed bythis 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 Ju187] 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. 721.37 Established place of business required. No license shall be issued for any business where the businessisconducted from vehicle or temporary structure. [Ord. No. 19-87, §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 asinterferingwith 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 $100,000.00 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. A11 contractors and subcontractors shall be required to furnish a source a and in the amount of the City of Cape Canaveral prior to I- ssance 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 ,32 §721.47 OCCUPATIONAL LICENSES §721.53 privilege subject to a license tax to keep and preserve suitable records of 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, forea periodof 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, §1, 21 Jul 87] Sec. 721.49 Each day of failure to comply with chapter provisions deemed separate violation. Each day of selling or disposal of merchandise 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 . . . $ 62.50 More than three (3) employees . . . . $ 93.75 ACCOUNTANT/AUDITOR $ 62.50 Accounting or Bookeeping Service $ 62.50 CHAPTER REVISED 21 JUL 87 §721.53 OCCUPATIONAL LICENSES §721..53 ADVERTISING Agents or agencies writing adver- tisements for profit. .. . . . . Maintaining billboards signboards upon which advertising is dis- played either by permanent sign painted thereon or paper posted or attached thereto Outdoor Advertising such as paint- ed walls, bulletins, biliposting electrical displays, etc. for hire per space, per year 125.00 125.00 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 Each Additional Table 15.00 5.00 Bowling Alley, each alley $ 18.75 Carnival, each, per week, or fraction thereof $ 1,2.50.00 (Requires Council Approval) (Insurance 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 fee for each machine of $ 12.50 Machines, coin -operated, other than above, each $ 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 . . . . $ 62.50 Shooting gallery, each per year . . . $ 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.) (Insurance Required per Sec. 721.39) 93.75 CHAPTER REVISED 21 JUL 87 §721.53 OCCUPATIONAL LICENSES §721.53 Auto Parts; used $ 31.25 Auto Accessories $ 31.25 Auto/Vehicle Wrecker Service $ 31.25 Automotive Repair: (See Garage) BAIT, Live $ 18.75 BAKERIES, Retail $ 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 3'> §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 $ 31.25 CATERING SERVICES $ 31.25 (Does not include Mobile Food Vendors) CHILD CARE CENTERS, DAY NURSERY, KINDERGARTEN 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 $ 62.5.0 CHAPTER REVISED 21 JUL 87 §721.53 -3y 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 $ 62.50 $ 62.50 $ 200.00 62.50 31.25 $ DECORATOR, INTERIOR $ Each applicant shall filewith the License Division a Surety Bond of not less than $1,000.00. DELIVERY SERVICE. . . ▪ . . _ DELICATESSEN ▪ . $ 31.25 $ 31.25 DETECTIVE AGENCY: Fee for Agency $ 62.50 In Addition, Each Investigator . . • $ 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 services done by electronic equipment. Each location $ 125.00 ELECTRIC LIGHT AND POWER COMPANIES (See Utilities) EMPLOYMENT AGENCY $ 62.50 EXPRESS COMPANIES, each, F.S. 167 . . . $ 31.25 Plus for each delivery vehicle. . . . $ 12.50 EXTERMINATOR, TERMITE AND PESTS . . . . $ 31.25 In addition, each truck $ 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 3 §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 •. $ 62..5Q ICE MANUFACTURER, without cold storage $ 125.00 INSURANCE OR BONDING COMPANY $ 31.25 INSURANCE OR BONDING AGENCY: Insurance Adjuster, each. . Insurance Salesman, each. . . $ . $ 31.25 31.25 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 $ 250.00 125.00 31.25 For each additional 6 months, period or fraction thereof JANITOR AND COMMERICAL CLEANING SERVICE Each applicant shall file with the License Division a Surety .gmBelL o o-t ,`le sjs 1144$,1 OA0 W \ 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 $ 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 31.25 LAUNDRIES: Plant LOCKSMITH AND KEYSMITH, each 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. . MASSEUR, MASSEUSE 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 25,001.00 37,501.00 50,001.00 75,001.00 100,000.00 125,001.00 150,001.00 175,001.00 200,001.00 250,001.00 300,001.00 350,001.00 400,001.00 475,001.00 550,001.00 625,001.00 700,001.00 775,001.00 850,001.00 925,001.00 1,000,000.00 1,250,001.00 1,500,001.00 1,750,001.00 12.50 31.25 to 25,000.00 minimum . $ 3.1.25 to 37,500.00 $ 37.50 to 50,000.00 $ 43.75 to 75,-000.00 $ .53.25 to 100,000.00 $ 62.50 to 125,000.00 .. •$ 68.05 to 150,000.00.. . . . $ 75.00 to 175,000.00 $ 84.38 to 200,000.00 .$. 93.75 to 250,000.00 $ 100.00 to 300,000.00 $ 106.25 to 350,000.00 $ . 115.62 to 400,000.00 $. 125.00 to 475,000.00 $ 140.63 to 550,000.00 . $ 156.25 to 625,000.00 $ 171.90 to 700,000.00 $ 187.50 to 775,000.00 $ 203.15 to 850,000.00 $ 218.75 to 925,000.00 $ 234.40 to 1,000.000 00 $ .250.00 to 1,250,000.00 $ 281.25 to 1,500,000.00 . . $ 312.50 to 1,750,000.00 $ 343.75 to 2,000,000.00 $ .375.00 CHAPTER REVISED 21 JUL 87 §721.53 2,000,001.00 2,250,001.00 2,500,001.00 2,750,001.00 3,000,001.00 3,250,001.00 3,500,000.00 3,750,001.00 4,000,001.00 4,250,001.00 4,500,001.00 4,750,001.00 Each additional 500,000.00 OCCUPATIONAL LICENSES §721.53 . . . .• . to 2,250,000.00 to 2,500,000.00 to 2,750,000.00 to 3,000,000.00 to 3,250,000.00 to 3,500,000.00 to 3,750,000.00 to 4,000,000.00 to 4,250,000.00 to 4,500,000.00 to 4,750,000.00 to 5,000,000.00 New merchants opening business shall pay a .license tax based on the following inventory schedule for the first year only: $ 406.25 $ 437.50 $ 468..75 $ 500.00 $ 531.25 $ 562.50 $ 593.75 $ 625.00 $ 656.00 $. 687.50 •$ 718.75 $ 750.00 $ 52.50 0 to 10,000.00 $ 3.5.00 10,000.00 to 30,000.00 $ 50.00 30,000.00 to 60,000.00 $ 75.00 60,000.00 up $ 100.00 MIDWIVES, no license issued until certificate issued within the past year from the State Board of Health is submitted $ (Exempt) MONUMENT AND TOMBSTONES, dealer in and/or agent for, each $ 31.25 MUFFLER SHOP, sale and installation of mufflers only $ 31.25 NEWS BUREAU, representing news- papers published outside City . . . . $ 100.00 NEWSPAPER, daily, 4 or more pub- lished per week . . . . . .. . . . . $ 100.00 NEWSTAND $ 18.75 NURSERY, trees, plants, etc. (See Merchant) CHAPTER REVISED 21 JUL 87 §721.53 OCCUPATIONAL LICENSES §721.53 OFFICE SUPPLIES AND/OR OFFICE FURNITURE (See Merchant) PACKING HOUSE: Private Order Business $ 18.75 General Business $ 62.50 PAINT AND BODY SHOP only $ 93.75 PARADES, must be approved by the Council and requires Police Permit. PAWNBROKERS $ 250.00 PHOTOGRAPHER $ 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 PUBLIC RELATIONS PUBLIC SCALES, Truck Weighing PUBLIC SCALES, Coin -Operated (See Amusement) RADIO AND TV Repair $ 31.25 Sales (See Merchant) RADIO STATIONS $ 100.00 §721.53 62.50 12.50 RAILROAD COMPANIES, Maximum allowed by State $ 250.00 REAL ESTATE $ 62.50 Includes the following: Agent Salesmen Appraiser Rentals. Broker REDUCING SALON, (See Health Spa) RENTAL AGENCY $ 62.50 Includes the following: Automobiles Tool Equipment Trucks Furniture Trailers Recreational Supplies Equipment Etc. Real Estate RESTAURANTS: First 10 chairs $ 12.50 Each additional chair or seating. space .. . $ .65 Private Boarding House, 5 chairs or less $ (Exempt) CHAPTER REVISED 21 JUL 87 §721.53 OCCUPATIONAL LICENSES 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. §721.53 $ 62.50 $ 31.25 RUG, AND CARPET CLEANERS $. 31.25 SAFES, for sale or exchange, each agent SANDING OR FINISHING OF FLOORS. •. . . . 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. 31.25 31.25 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 0 §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 31.25 SIGN PAINTERS 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 the 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 $ 250.00 STENOGRAPHER, PUBLIC AND COURT RE- PORTER, per individual • $ 12.50 STORAGE AND WAREHOUSE, Public, each building . $ 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 ANDRECAPPINGSERVICE $ 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'. TRUCK LINES, receiving and/or delivering, freight or express. UPHOLSTERERS OR FURNITURE MENDERS UTILITIES Includes the following: Cable TV Electric Natural Gas Telephone . §721.53 ... $ 62.50 $ 31.25 $ 312.50 Each company in this class shall pay the -annual license fee in addition to any Franchise Fee or Property Tax Payments. 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 occupation without complying with this chapter shall constitute a separate and distinct violation of such ordinance. B. Any person violating any of the provisions of this chapter shall be punished as provided in §801.02. [Ord. No. 16-81, Si, 15 Sep 81; Ord. No. 19-87, §1, 21 Jul 87] CHAPTER REVISED 21 JUL 87 §722.01 ADULT ADULT ENTERTAINMENT CODE CHAPTER 722 ENTERTAINMENT CODE §722.07 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, §1, 19 Aug 86] Section 722.03 Scope. This ordinance shall be effective throughout the City of Cape Canaveral, Florida. [Ord. No. 18-86, Si, 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 protectthe 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 (1982); 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 '•S722.07 (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 employees at 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 toand are often used for the commission of immoral, lewd, indecent orillegal 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 on the premises concurrent with the display of specified anatomical areas or straddle dancing. §722.07 ADULT ENTERTAINMENT CODE §722.07 (h) There is 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 and goodorder of the community. (i) The concurrence of the sale or consumption of alcoholic beverages with the activities described in sub- sections (a) and (b) is hazardous 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 total community environment in Cape Canav- eral, Florida. (j) 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 sale and con- sumption of alcoholic beverages in commercial. establish- ments where the business operations and activities 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 concurrence of the consumption of alcoholic beverages and straddle dancing than among the employees of other commercial establishments. (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).' Th.e 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 permittingthem 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 adult entertainment 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 encourage such illicit, immoral or undesir- able activities as prostitution, solicitation for prosti- tution, public masturbation, sodomy and unnatural sex §722.07 ADULT ENTERTAINMENT CODE §722.11 acts, which are harmful to the health and safety of patrons and'the general, community. lOrd.. No. 18-86, §I, 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 or 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 orthat comprises more than ten percent (10%) of the individual items it displays on the premises as itsstockin 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 one 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 have as 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) Adult dancing establishment means a commercial establishment that permits, suffers or allows employees to display or, expose specified anatomical areas. §722.11 'ADULT ENTERTAINMENT CODE §.722.11 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 purposes of 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 §722.11 ADULT ENTERTAINMENT CODE. §722.11 film material. For the purposes of this Code,, an adult motion picture theater 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 received an occupational license. For purposes of this Code, operation for pecuniarygainshall 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 stor.ed 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 superficialtissues 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 said establishments 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 orcontrols, 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 aprinci- 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 pursuant 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 institution of learning for minors, whether public or private, twhich offers instruc- tion in those courses of study required by Chapter 233, Florida Statutes (1981), or which is maintained pursuant to standards set by the State Board of Education. This definition includes day care facilities, nursery schools, '-kindergartens, elementary schools, junior high. schools, -senior high schools, colleges,, universities, junior ,colleges, and any special institutions of learning under the jurisdiction of the State Department of Education, but it does 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 the human female breast below the top of theareola(the colored ring around the nip- ple). This definition, shall include the entire lower portion of 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 offense under Chapter.800, Florida Statutes (1983) (Lewdness, Indecent Exposure); an offense under Section 806.01, 806.10, 806.111 or .8,06 .13(2);(c) , Florida Statutes (1983).(Arson and Criminal Mischief);' an offense §722.11 ADULT ENTERTAINMENT CODE §722.13 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, coprolphilia, fellation, flagellation, masochism, masturbation, necrophilia, peder- asty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy., urolagnia.o:r zooerasty;. (3) fondl.ing 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 known as 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 with the 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, §1, 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- rialsor to authorize the exposing of persons under seven- teen years of age to motion pictures, exhibitions, shows, representations and presentationsof specified sexual activities or persons displaying or exhibiting specified r §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 o.r 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 whois 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 the administrative proce- dures of the. agency or office concerned. [Ord. No. 18-.8 6 ; §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 placesor 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 a license 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 single location. [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 whose license under this Code is suspended; corporation. (2) any partnership, a partner of which has a license presently suspended under this. Code; (3) any corporation, an officer, 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 oroccupational license -in Cape Canaveral, 'Flo- rida. -[Ord. No. 18-86,'§1, 19 Aug 86] §722.29 ADULT ENTERTAINMENT CODE §7-22.29 (-h 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 application shall 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 other than 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 orrevoked 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 suspensionorrevocation; (5) the classification of the license for which the application is being filed; §722.29 :ADULT ENTERTAINMENT CODE §722.31 (6) wh-ether 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, concessionbooths 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 atthe 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, he shall 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. Notwithstanding any 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- mation. 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 the City Councilfinds the license should not have been revoked, it shall notify the City Manager who shall reissue the license. [Ord. No. 18-86, §i, 19 Aug 86] §722.32 ADULT ENTERTAINMENT CODE §722..34 Section 722.32.''Limitation on Licenses and Licensed Premises. No more than one license shallbe issued and in effect for any 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 andthe 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. All licensees licensed under this Code shall display their licenses in conspicuous places on their licensed premises, in a clear, transparent coveror 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 foron 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 the payment of one-half of the appropriate license fee herein.; required for the: annual license and such license shall expire onSeptember thir- tieth of the same year. The provisions of this subsec- tion shall notaffect 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 , Eby paying the appropriate license fee to the Revenue.Departmentof 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- quency 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 revoked by the. City Manager, unless such license is involved in litigation. [Ord. No. 18-86, §1, 19 Aug 86] Section 72.2.35.. 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- f er 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] Sect:ion.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. tame 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 location 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 '-` ''ADIULT ENTERTAINMENT CODE §722.37 premises at the old location, the licensee shall state in his application for a change oflocation 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 n,ew location without the payment of 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, §1, 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 obtainan 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 .findsthat 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. §7.22.37 ADULT ENTERTAINMENT CODE §722.37 (2) , Periods of " suspens'ion 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 aprior 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 ofsurrender 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 untilsaid 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 Counci,1. 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 timeandplace for the hearing. (Ord. No. 18-86, §1, 19 Aug 86] Section 722.39. License Fee. (a) Levy of fees. There are hereby levied the 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 1722.42 (dd) . having a combination of anyof 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 shall be 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 or contain any other classi- fication of adult entertainment. [Ord. No. 18-86, §1, 19 Aug 86] Part 3. 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, sanitary quality 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: shall besmooth, 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- vate 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- ertyparcel upon which the proposed use is to be located, to the 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 shallbe 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.proh'ibited: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 of any 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 with 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- :iners may listen to them while on the licensed premises, :',soundproof booths or rooms, shall be available for use by zcustomers who desire to listen,. and each booth-or•room shall have: (1) one clear window, facing the major portion of the licensed premises, 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 boothorroom 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 boothor 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.massa=ge establishments.seeking.a:license under this Code shall present to the City Manager astate license issued pursuant •to Chapter•480, 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.i-nches 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 facili:ties 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. 18-86, Si, 19 Aug 86]. Section 722.47.- Adult Motion Picture Theaters In addition" tothe general requirements contained in Sec- tions 722.42, 722.43 and 72-2.,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 lessthan'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 -and 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., 51, 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 . patr.on" or specta- tor, except that any:establishment regulated by Section 722.62 herein shall require said person to be'positioned §722.48 jADULT-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 feet from 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 shallobtain 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, §1, 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, 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 oremployee 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 personto obtain employment in an establishment licensed or permitted to operate under the Adult Entertainment Code, for anyform 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 until such person shall have §722.61 ADULT ENTERTAINMENTCODE §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. (b) Qualifications. Employees of a licensee on a licensed premises shall not be less than eighteen years of age. (c) Application for andissuance of adult entertain- ment permit. (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 filean applica- tion for an Adult Entertainment Permit with the City Manager. (3) All applications shall be accompanied by a non-refundablepayment of a $16.00 f.ee. (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 an application, 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) Atthe time an applicantapplies for a per- mit and completes all requirements for the issuance of a permit, heshall 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 an applicant to provide such additional information as is necessary to effect the purposes of this Code. Upon delivery of the permit to 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 shallbe 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 ;DULT ,ENTER.TAINMENT .,CODE §7.22..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 permitapplicationforms 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 f 4st 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, misrepresentationsof 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'or destruction to 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 foran 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 ithe 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 the first 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- derhis 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 untila 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 entertainment establishment not indicated in his 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,'f or 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 orshould 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 scopeof 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 forany person maintaining or operating any commercial establishment, regardless of whether it is .licensed under this Code, to knowingly, or with reason to know, permit, sufferor allow any employee on the premises to perform or participate in a straddle 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 .§722.84 ment to the general public that said establishment pro- vides, allows or permits the exhibition ordisplay 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 astraddle dance, as defined by Section 722.11(aa) of this Code maybe 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 alcoholiccontent 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 public place 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 provided or 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 -CHAPTER 723 SPECIAL OCCUPATIONAL PERMITS § 723.02 Sec. 723.01 Registration of Persons Engaged in Cer- tain Occupations. (A) Any person who is now engaged in or may here- after desire to engage in the following occupations shall register with the Police Department, pay a registration fee in the amount of Two Dollars ($2.00) to such depart- ment, and be fingerprinted and photgraphed by the Police Department under the procedure hereafter set forth. (1) Any and every person engaged as a driver of a taxicab or for -hire car in the City. (2) Each person employed in any filling station or automotive repair shops, bar, saloon, nightclub, motel, hotel, restaurant, pool and billiard parlor or bowling alley, barbecue stand, soda fountain or eating place where food is served, or employed as a janitor. (3) Every solicitor, peddler, hawker, itinerant merchant or vendor of merchandise who goes from house to house or apartments in the residential districts, or upon the street in the residential area of the City for the purpose of soliciting orders for the sale of goods, wares and merchandise; (No registration is required of persons making bonafide deliveries of goods ordered by customers from established places of business paying an occupational license in connection with such business.) (4) Each astrologer, fortune-teller, palmist, hypnotist, mindreader, medium, character reader, clairvoyant. [Ord. No. 21-66, § 1, 20 Sep 1966; Ord. No. 21-74, § 1, 16 Jul 1974] Sec. 723.02 Procedure for Registration, Fingerprinting and Photgraphing. (A) Every person required to register under the pro- visions of Section 1 shall report to the Police Department and after payment of a registration fee in the amount of Two Dollars ($2.00) shall complete, verify and sign under oath a form provided by the Police Department, which form shall contain spaces in which the following information concerning the registrant shall be written. § 723.02 SPECIAL OCCUPATIONAL PERMITS § 723.02 (1) His or her true name and all aliases which he or she has used or under which he or she may have been known. (2) A full and complete description of his or her person. (3) The kind, character and nature of every felony or crime involving sex deviation of which he or she has been convicted. (4) If applicable, the place where such crime was or crimes were committed and the place of conviction of the same. (5) If applicable, the name under which he or she was convicted in each instance and the date thereof. (6) If applicable, the name, if any, and the location of each prison, reformatory, jail or other penal institution in which he or she was confined or to which he or she was sentenced. (7) The location and address of his or her resi- dence, stopping place, living quarters or place of abode in the City; if he or she has more than one residence, stopping place or places of abode, that fact must be stated and the location and address of each given. (8) A statement of the kind of residence, stopping place or place of abode in which he or she resides, whether the same is temporary or permanent, i.e., whether the same is a private residence, hotel, apart- ment house or other building or structure. (9) The length of time he or she has occupied each such place or residence, stopping place or place of abode, and the length of time he or she expects or intends to remain in the City. (10) Last place of employment, and a list of all places where such person has lived or worked or resided within the past five years. (B) At the time of such registration, each registrant shall permit the Police Deoartment to fingerprint and photograph the registrant. 7 2 3. 0 2 SPECIAL OCCUPATIONAL PERMITS 5 723.03 (C) It shall be the responsibility of the. owner or manager or employer of any business in which registration of employees is required under the Ordinance to make certain that such employee registration as herein provided is no later than five (5) days of commencement of such employment. Failure of such owner, manager or employer to have an employee register shall constitute a violation of this Ordinance. (1) When to Register. All persons described in 723.01, who may desire to become employed in such an occupation, shall register before accepting or be- ginning such employment. [Ord. No. 21-66, § 2, 20 Sep 1966; Ord. No. 21-74, § 1, 16 Jul 1974] Sec. 723.03 Identification Cards. Every person re- quired to register under the 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 writi.na 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 he 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 ofcommitting 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 imprisonment not to exceed sixty (60) days or by such fine and imprisonment. [Ord. No. 21-66, § 8, 20 Sep 1966; Ord. No. 21-74, § 1, 16 Jul 1974] § 727.01 PUBLIC AREA CONSTRUCTION REGULATIONS CHAPTER 727 PUBLIC AREA CONSTRUCTION REGULATIONS § 727.05 Sec. 727.01 Permit Required. It shall be unlawful for any person to dig up, break, excavate, tunnel, jet, bore and jack, undermine or in any manner break up any street, highway, sidewalk or other publicway or public grounds, or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained a permit therefor from the City as herein provided. [Ord. No. 5-67, § 1, 19 Sep 1967] Sec. 727.02 Application. The City may require plans and drawings to accompany the application. No excavation permit shall be issued unless a written application for the issuance of an excavation permit is submitted to the City. The written application shall state the name and address of the applicant, the nature, location and purpose of the excavation, the proposed date of commencement and date of completion of the excavation, and other data as may reasonably be required by the City. [Ord. No. 5-67, § 2, 19 Sep 1967] Sec. 727.03 Method of Installation. All installations under or across paved streets or roads shall be made by boring and jacking if possible. Installation by open cut will be allowed only by special permission of the City Council. All materials and workmanship shall conform to requirements established by the City which will be avail- able from the City Manager. [Ord. No. 5-67, § 3, 19 Sep 1967] Sec. 727.04 Guarantee. It shall be the duty of the permittee to guarantee and maintain the site of the ex- cavation work free from defects caused by the excavation for one (1) year after restoring it to its original con- dition. [Ord. No. 5-67, § 4, 19 Sep 1967] Sec. 727.05 Permit Fees. A permit fee in the amount of Ten Dollars ($10.00) shall be charged for the issuance of an excavation permit which shall be in addition to all other fees for permits or charges relative to any proposed construction work. [Ord. No. 5-67, § 5, 19 Sep 1967] § 72 7.06 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 500 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 REGULATION § 727.13 by such permit, the City, if it deems it advisable, shall have the right to do all work and things necessary to re- store the street and to complete the excavation work. The permittee shall be liable for the actual cost thereof and twenty-five percent (25%) of such cost in addition for general overhead and administrative expenses. [Ord. No. 5-67, § 8, 19 Sep 1967] Sec. 727.09 Urgent Work. If unusual traffic conditions, or excavation of a major artery requires that the excavation work be performed as emergency work, the City shall have full power to order, at the time the permit is granted, that a crew of men and adequate facilities be employed by the permittee 24 hours a day to the end that such excavation work may be completed as soon as possible. In the event emergency conditions create an immediate hazard to life or property, corrective procedures may be commenced without the securing of a permit as required by this Chapter, pro- vided that such permit is secured at the earliest practicable time after commencement of the work. [Ord. No. 5-67, § 9, 19 Sep 1967] Sec. 727.10 Inspections. The City shall make such in- spections as are reasonably necessary in the enforcement of this Chapter. [Ord. No. 5-67, § 10, 19 Sep 1967] Sec. 727.11 Engineering Details. (A) An engineering detail for boring and jacking under a typical section of pavement of any street within the City is hereto attached and by this reference made a part hereof. (B) An engineering detail for the payment replacement of a typical section of any open cut of a City street is attached hereto and by this reference made a part hereof. [Ord. No. 5-67, § 11, 19 Sep 1967] Sec. 727.12 Authority of City. The City shall have the authority to require off-street dirt storage, to pro- hibit street cuts during busy seasons, to determine the size and length of the cut and to prohibit cuts on new pavement. [Ord. No. 5-67, § 12, 19 Sep 1967] Sec. 727.13 Liability of City. This Chapter shall not be construed as imposing upon the City or any official or employee any liability or responsibility for damages to any person injured by the performance of any excavation work for which an excavation permit is issued hereunder; § 727.13 PUBLIC AREA CONSTRUCTION REGUL.ATION § 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 listeningto 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 anyperson, 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 orentertainment 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 andinformation specified hereafter in this Section. No permit shall be issued by the Council §. 7 2 9.0 3 OUTSIDE CONCERTS, FESTIVALS § 7 2 9.0 3 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 uniqueproblems 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; Chapter10D-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 atall 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, infections and other injuries commonly connected with such outdoor activities. 5 729.03 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 persons, 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 may 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 ENTERTATATMENT (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 trashhas 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 invalid 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 ,REGULATION , § 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.198.5] 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 beveragesare offered for sale for consumption on the premises, to expose to public view that area of - the human female breast at or below the ar.eola 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 whichalcoholicbev- erages are offered for sale for consumption on the premises, to exposeto 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 beguilty 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' otherpersons -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.BEVEREAGES 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 unlawfulfor 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 WHERE ALCOHOLIC BEVERAGES ARE SERVED § 734.03 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 ox 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 asprovided in Section 801.02. [Ord. No. 14-84, § 1, 12 Jul 1984]. § 737.01 ALCOHOLIC BEVERAGE 5 737.03 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 of 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 S. 737.03 ALCOHOLIC BEVERAGE § 737.07 OPEN CONTAINER REGULATIONS which has been opened or a seal broken, or the 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 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. 737.091 Penalty. Any person violating any of the provisions of this chapter shall be punished as provided in Sec. 801.03. [Ord. No. 21-87, § 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 CHAPTER 801 PENALTIES § 801.05 Sec. 801.01 Penalty. Anyone convicted in a court of competent jurisdiction of an offense punishable by this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days or by both such fine and imprisonment. Sec. 801.02 Penalty. Anyone convicted in a court of competent jurisdiction of an offense punishable by this section shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment not to exceed thirty (30). days or -by both such fine and impria.onment. Sec. 801.03 Penalty. Anyone convicted in a court of --- ---~ competent. jurisdiction of an offense punishable by this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed ten (10) days or by both such fine and imprisonment. Sec. 801.04 Penalty. Anyone convicted in a court of competent jurisdiction of an offense punishable by this section shall be punished by a fine not to exceed one hundred dollars ($100.00). Sec. 801.05 Penalty. Anyone convicted in a court of competent jurisdiction of any offense for violation of ordinance or law for which said ordinance or law provides no specific penalty, shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment. [Ord. No. 15-75, § 1, 27 May 1975] 1