Loading...
HomeMy WebLinkAboutCity CodeCITY CODE i 9o/go/ eG . c2 74 7! . zo/ Co< /4 Op "6 F f 769/.po/' %i d7 off' rg ay c/ssd7 ;, P-►' / e',Z db'//, eo/ /0/ L 9 erg", /6- 6 e £E-9' •db't/J a /‘ oo/ ?7 / P , 62 e i? t E& •db'//,7 66. G6 F'? /2 L2 e d , :. , /05 •dFv/,,D 745 26 /5 03 e 2.- ¢7 6 04 •d6///o c5 F6 - El'' /L' /,4„ • de///,2 /‘ 61 _ 6 / L, E /, •0/6' d iJ f 14/ 7/ , t/7 • s6h'v G e ,g• _?/ 0/ F- r- _/ ?5 tr/) E 9F •c/6//7' 0 ei3 14,9 9 711 cif' o / ea / / A x 47.1, 7C, / ,4raige2 S3.,b/' .2 7/'// a . el / 6 G i _07 // 6 / ''' '. a)° ,3 G c2 e74 A/7 9 1 6L 4G Fi4 /h b - 7 /// /_ 74 JEs 924 z ,. , 37LJ/ ' /, 5G s EL , 6 0 Go ' / i /I /('/ , C f vc Z'z, f T / c (moo/ ic7/ / J i ye- E g T'Q'/ fio/ 29 7f O E r0 a 5e/c/''sd7 d---7'0-r--7 / e• Y/4' co/ / 0/ G 9 _s'.y / 6- 6 g-• _c- •d6 /J ,f‘ a / .v7 I- P `% l 6(' e E--¢ •ddh',7 / 6 G 6 E-' / 2 Z c''1 s 6/j •,/6/h'o_f5 E-6 6-j.' .r- C_g. Fd /' G/y, -ot/ 0 O.S r6n 2-9 / of nih, -d6//-/0 // { cS' E 5!6/ L/ C//7 •v6/.7/ .) y. O,(s' r 4 / 7 / d /, /(/7 -// G(Jp _9 p (/., /s- 3/i7 )/ E/ (/ (71 _-.7N 2 / 75/4/) ELF •d 14/;0 rj /7 ? 9747 4/ 07 ///t/Ly/'75(/ 4YC/,,,/S 9Fs'',`7 /_G76Wp of /? G.74 _f/7 7/ 6 171/e" ff 4 O t"f /7 2 ( 6G zG E/' /h G L A (t, / /Y Z ?L ,! 0 034 r ti 2 i_-_-7s-37=n17 /-74/?c1 yL E7 6 e Go r / // 1/ NOTE: For two sided printing of code, follow instructions below: To/" of f' ,SE 1' 3 4 UP OF / i46 C G 7 9 4 4s r ant fivp rnpiec at a time with a sQttinrg of 5-1_/2t' nn paper cutter. Punch holes with Sat a time. (Check printed matter for correct side of sheet for holes). . • 1 i, e- 0 .,, /(2 I / / 71 Z Zs 2 A / / 74, _—' i Z _gs 7 :A it „ t‘ /s, . /1 Z-/.7• /1 / ° 1 / § 201.01 RECORDS CHAPTER 201 RECORDS § 201.02 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 entitled "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 cremated 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 promul- gated by the Florida Board of Archives and History, the City shall obtain consent 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 regarding the keeping and/or destroy- ing of public records. (C) After receiving consent from the Florida § 201.02 RECORDS § 201.03, 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] Sec. 201.03 Schedule of Records Admissible. Any such index or schedule as described shall be admissible in any court of competent jurisdiction or in any proceeding before any administrative board, tribunal, bureau, agency or officer of government or in connection with any transaction, as prima facie evidence of the record or records so cremated or destroyed when the index or schedule, or the appropriate portion thereof, is certified to under the hand and seal of the City Clerk of the City of Cape Canaveral, Florida. [Ord. No. 3-69, § 3, 20 May 1969] § 251.01 BEAUTIFICATION.BOARD CHAPTER 251 BEAUTIFICATION BOARD § 251.02 Sec. 251.01 Establishment, Membership, Terms, Qualifications. A Beautification Board, which shall consist of no less than five (5) members, nor more than fifteen (15) members, as appointed by the City Council, is hereby established. A minimum of fifty per cent (50%) of the Beautification Board shall be registered free- holders within the City. The members of the Beautification Board shall be appointed by the City Council of the City, and the term of office of each member thereof shall be for two (2) years, excepting that in the appointment of the first Board, the minority of the members shall be appointed to serve one (1) year. The terms shall expire at the first regular meeting of the City Council in the month of November of each year. All members shall serve at the pleasure of the City Council. All vacancies . shall be filled for the unexpired term by the City Council. [Ord. No. 11-68, § 1, 5 Nov. 1968] Sec. 251.02 Meetings, By -Laws, Officers. Regular meetings of the Beautification Board shall be held at least once each month, at the City Hall, and special meetings of the Board shall be held at such times and at such places as the Board may direct. All regular meetings of the Beautification Board shall be open to the public. The Board shall adopt its own by-laws and rules of procedure, 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 • § 251.02 BEAUTIFICATION BOARD § 251.05 until their successors have been elected and qualified. [0rd. No. 11-68, § 2, S Nov. 1968] Sec. 251.03 Duties of Board. The Beautification Board shall plan and propose to the City Council such landscaping and beautification programs as shall seem desirable and feasible to the Board, for the benefit of the City. Such programs are to apply to all areas of the City, and to cooperate with and to assist any private landscaping and beautification programs conducted within the City by other organizations or private individuals or groups of individuals. [0rd. No. 11-68, § 3, 5 Nov. 1968] 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 beautifi- cation. [0rd. No. 11-68, § 4, 5 Nov. 1968] 'Seca 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 beautification program to be conducted within the City for the City's ensuing fiscal year. The Beautification Board shall not incur'any debts or enter into any contracts or obligations which would be enforceable against . the City unless prior approval therefor has been obtained from the City Council. [Ord. No. 11-68, § 5, 5 Nov. 1968] § 253.01 LIBRARY BOARD CHAPTER 253 LIBRARY BOARD § 253.02 ' Sec. 253.01 Establishing a Free Public Library. There is hereby established in the City a free public library for the use and enjoyment of the citizens and residents of the City, and the adjoining environs, including Brevard County, which shall be known as the Cape Canaveral Free Public Library. [Ord. No. 11-66, § 1, 10 May 1966j Sec. 253.02 Library Board. (A) When any city or town council shall have decided by ordinance to establish and maintain a public library and reading room, they shall elect a library board to consist of five (5) directors, to be chosen from the citizens'at large, of which board neither the mayor nor any member of the city or town council shall be a member. Such directors first elected shall hold their office, one for the term of one (1) year, one for the term of two (2) years, one for the term of three (3) years, one for the term of four (4) years, and one for the term of five (5) years, from the first day of July following their appointment, and one director shall be chosen annually thereafter for the term of five (5) years; and in 'cases of vacancies by resignation, removal or otherwise, the council shall fill such vacancy for the unexpired term, and no director shall receive any pay or compensation for any service rendered as a member of such board, and such directors shall give such bond as the council may require. Such directors shall, immediately after their appointment, meet and organize by electing one of their number president, and such other officers as may be necessary. § 253.02 LIBRARY BOARD § 253.05 (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 inconsis- tent with law. They shall have exclusive control of expenditures of allmoneys 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 constructed, leased or set apart for the purpose. [0rd. No. 9-73, § 1, 1 May 1973] Sec. 253,03 Frequency of Board Meetings Established. The City Library Board shall meet not less than twice a year, and oftener if necessary to carry into effect and operation its duties and powers hereby granted. [0rd. 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 under- takings begun or duties and liability made, assumed or created by the Board, unless it shall first obtain from the City Council its approval of and an appropriation made by it for the specific contract made or entered into by it on the specific debt made, created, incurred or assumed. [Ord. No, 11-66, § 5, 10 May 1966] Sec. 253.05 Title to Property Vested' in Board. Any person may make any donation or lands for the benefit of the library, and the title of the property so donated shall be made to and vested in the Library Board and their successors in office. Such Board shall thereby become the owners thereof in trust to the uses of the public library of the City, all as § 253.05 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 collected and all funds donated or in any way acquired for the erection, maintenance or support of any public library, shall be kept for the use of such library, separate and apart from all other funds of said city, town or village, and shall be drawn upon and paid out by the treasurer of such city, town, or village, upon vouchers signed by the president of the library board and authenticated by the secretary of such board, and shall not be used or disbursed for any other purpose or in any other manner. [Ord. No. 9-73, § 1, 1 May 1973] LIBRARY BOARD § 253.08 Sec. 253.07 General Powers of Library Board, Appointment of Librarian. The library board may purchase or lease grounds; erect, lease or occupy an appropriate building or buildings for the use of such library; appoint a suitable librarian and assistants; fix their compensation, and remove their appointments at pleasure; establish regula- tions for the government of such library as may be deemed necessary for its preservation and to maintain its usefulness and efficiency; fix and impose by general rules, penalties and forfeitures for trespassers or injury to the library grounds, rooms, books or other property, or failure to return any book, or for violation of any by-laws or regulation; and shall have and exercise such power as may be necessary to carry out the spirit and intent of the law, in establishing and maintaining a public library and reading room. [Ord. No. 9-73, § 1, 1 May 1973] Sec. 253.08 Free Use of Library by Inhabitants of City; Proviso. Every library and reading room :3 § 253.08 LIBRARY BOARD § 253.11 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 reading room of the greatest use to the inhabitants of said city or town, and the librarian may exclude from the use of the library and reading room any person who shall willfully violate or refuse to comply with rules and regulations established for the govern- ment thereof; persons so excluded may appeal to the library board. [0rd. 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 council of the condition of their trust, on the first day of June in such year, showing all moneys received or expended, the number of books and periodicals on hand, newspapers and current literature subscribed for or donated to the reading room department, the number of books and periodicals ordered by purchase, gift or obtained during the year, and the number lost or missing, the number of visitors attending, the number of and character of books loaned or issued, with such statistics, information and suggestions as they may deem of general interest, or as the city or town council may require, which report shall be verified by affidavit of the proper officers of said board. [Ord. No. 9-73, § 1, 1 May 1973] Sec. 253.10 Amendment of By-laws. Any by-law or regulation established by the library board may be amended by the council of. said city or town. [0rd. No. 9-73, § 1, 1 May 1973] Sec. 253.11 Penalty for Violation of Rules Recovered by Civil Action. Penalties imposed or accruing by any by-law or regulation of the library board may be recovered in a civil action before any f § 253.11 LIBRARY BOARD § 253.14 .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. And moneys collected in any such action shall be forthwith placed in the city treasury to .the credit of the library fund. [Ord. No. 9-73, § 1, 1 May 1973] Sec. 253.12 Donation to Library; Title to Vest in Library Board. Any person may make any donation of money or lands for the benefit of such library, and the title of the property so donated may be made to and shall vest in the library board, and their successors in office, and such board shall thereby become the owners thereof in trust to the uses of the public library of such city or town. [Ord. No. 9-73, § 1, 1 May 1973] Sec. 253.13 Property Exempt from Execution and Taxation. The property of such library shall be exempt from execution, and shall also be exempt from taxation as other public property. [Ord. No. 9-73, § 1, 1 May 1973] Sec. 253.14 Circulating Library. The library board may authorize any circulating library, reading matter, or work of art, of any private person, association or corporation, to be deposited in the public library rooms, to be drawn or used outside of the rooms only on payment of such fees or membership as corporation or association owning the same may require. Deposits may be removed by the owner thereof at pleasure, but the books or reading matter so deposited in the rooms of any such public library shall be separately and distinctly marked and kept upon shelves apart from the books of the city or town library, and every such private or associate library or other property so deposited in any public library, while so placed or remaining, shall be subject to use and reading within the § 253.14 LIBRARY BOARD § 253.14 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] § 257.01 PLANNING & ZONING CHAPTER 257 PLANNING F, ZONING BOARD § 257.01 ' Sec. 257.01 Membership of Board. A Board to be known as the "Planning and Zoning Board of the City of Cape Canaveral" is hereby established. The Board shall consist of seven members. Five permanent members shall have full voting rights. Two alternate members shall be restricted from voting except as specified in § 257.08 hereof. (A) The two permanent members whose terms presently expire on the third Tuesday in June 1974 are hereby reappointed to a new term expiring on September 15, 1974; one alternate member shall be appointed to a term expiring on the same date. (B) The three permanent members whose terms presently expire on the third Tuesday in June 1975 are hereby reappointed to a new term expiring on September 15, 1975; one alternate member shall be appointed to a term expiring on the same date. (C) All terms of. office thereafter shall be for two years. (D) The two alternate Board members shall be appointed as soon as practical after January 3, 1974. (E) Appointments to the Board shall be made by majority vote of the City Council. (F) The Board shall hold its organizational meeting at the first regular meeting after September 15th each year, and from its permanent membership elect its chairman who shall hold office as chair- man for a period of one year. [Ord. No. 55-73, § 1, Jan 3, 1974) § 257.02 PLANNING & ZONING : § 257.04 Sec. 257.02 Qualifications. Each person appointed to the Planning and Zoning Board of the City of Cape Canaveral shall meet the follow- ing qualifications: (A) A registered voter of the City of Cape Canaveral. (B) A resident of the City of Cape Canaveral for at least 12 months immediately preceding appointment. The members of the Planning and Zoning Board shall serve without compensation. [Ord. No. 55-73, § 2, Jan 3, 1974] Sec. 257.03 Ex-Officio Members. The Planning and Zoning Board may appoint ex-officio members who shall serve the Board in an advisory capacity. Each ex-officio member shall be appointed by majority vote of the Board and shall serve for a term to be determined by the Board, but not to expire later than the 15th day of September. [Ord. No. 55-73, § 3, Jan 3, 1974] Sec. 257.04 Qualifications of Ex-Officio Members. Ex-officio members of the Planning and Zoning Board of the City of Cape Canaveral shall be bonafide residents of Brevard County, but need not be a.qualified voter of the City of Cape Canaveral. Ex-officio members shall be versed by education or experience in the field of municipal planning, zoning, or other specified areas in which their'advice will be solicited. Ex-officio members shall not vote on matters before the Planning and Zoning Board, but shall serve .the Board in an advisory capacity only. The City Council of the City of Cape Canaveral may provide funds for reasonable compensation for § 257.04 PLANNING & ZONING § 257.08 ex-officio members who do not desire to donate their services. Reimbursement for out-of-pocket expenses for ex-officio members may also be provided. [0rd. No. 55-73, § 4, Jan 3, 1974] Sec. 257.05 Conflict of Interest: No member of the Planning and Zoning Board (permanent member, alternate member or ex-officio member), shall benefit, directly or indirectly in any• matter coming before the Board; nor shall any such member accept personal gifts or gratuity services given with the intention of influencing such member in his consideration, vote, action, favor or recommendation as to an official matter before the Board. Any member of the Board who has an interest, direct or indirect, in any matter before the Board shall • make his interest known to the full Board and forthwith disqualify himself from consideration of the said matter. [0rd. No. 55-73, § 5, Jan 3, 1974] Sec. 257.06 Rules of Procedure. The Planning and Zoning.Board shall adopt its own Rules of Procedure, and rules of order by majority vote of the permanent Board. [Ord. No. 55-73, § 6, Jan 3, 1974] Sec. 257.07 Quorum. Three voting members of the Planning and Zoning Board shall constitute a quorum; however, all official actions of the Board must be by majority vote of. all voting members present, i.e., permanent members and/or voting alternate members. [Ord. No. 55-73, § 7, Jan 3, 1974] Sec. 257.08 Alternate Members, Voting Rights.. • The Alternate Board Member whose term of office expires on September 15, 1975, shall be desig- nated as the First Alternate. At such time as this First Alternate Board Member loses his § 257.08 PLANNING & ZONING. § 257.10 • Alternate Board Member status by leaving the Board or by appointment as a Permanent Board Member, and thereafter, the.First Alternate Board Member shall be that Alternate Board Member with the longer service as an Alternate Member. The remaining Alternate Board Member shall be designated as the Second Alternate Board Member. In the absence of a Permanent Board Member from an official Board Meeting, the First Alternate Board Member shall assume all duties of the absent Permanent Member, including the right to vote on any matter before the Board at that meeting. If two or more Permanent Board Members are absent from an official Board Meeting, the *Second Alter- nate Member shall assume all duties of an absent Permanent Member, including the right to vote on any matter before the Board at that meeting. In the absence of the First Alternate Board Member from an official Board Meeting, the Second Alternate Board Member shall act in the place of the absent First Alternate, including the right to vote on matters before the Board at that meeting if a Permanent Member is also absent at that meeting. [0rd. No. 55-73, § 8, Jan 3, 1974]. Sec. 257.09 Minutes. The Planning and Zoning Board shall designate a Secretary whose duties shall include the keeping of minutes of all the Board's meetings, and recording the Board's. actions and recommendations. The City Clerk of the City of Cape Canaveral shall be custodian of all records of the Board and such records shall be maintained in City Hall, Cape Canaveral, Florida. [0rd. No. 55-73, § 9, Jan 3, 1974] Sec. 257.10 Duties. The Planning and Zoning Board of the City of Cape Canaveral shall operate § 257.10 PLANNING & ZONING § 257.10 exclusivelylin an advisory capacity to the City Council and, no ruling, decision or recommendation of said Board shall be binding on said Council. The Board shall.perform such duties as are conferred on it by the Charter and Code of the City of Cape Canaveral and shall, from time to time, make studies on planning and zoning matters affecting the health, welfare, safety and morals of people of the.City of Cape Canaveral. • No problem or situation relating to zoning shall be submitted to the City Council prior to being submitted to, and acted upon, by the Planning and Zoning Board of the City of Cape Canaveral. Such problems or situations relating to zoning shall include, but not be limited to, the following: (A) Changes in zone classification . (B) Changes in zoning district boundaries and zoning map. (C) Review and revision of zoning sections. (D) Recommendations concerning a master plan and periodic review thereof. The Planning and Zoning Board shall make recommen- dations to the Board of Adjustment concerning Special Exceptions and Variances in accordance with the Zoning Regulations of the City of Cape, Canaveral. The Board Secretary shall, after each meeting of the Planning and Zoning Board, transmit a copy of the Board's minutes to each member of the City Council,•the City Clerk, and the City Attorney. Such minutes shall include the Board's recommenda- tions on any matter coming before it, including a short statement setting forth the facts upon which the Board's recommendations were based as § 257.10 PLANNING & ZONING § 257.12 well as the Board's reasons for the said recommendation. [Ord. No. 55-73, § 10, Jan 3, 1974] Sec. 257.11 Master Plan, Preparation and Scope. The Planning and Zoning Board shall prepare a comprehensive master plan for the welfare, recreational, economic and physical development of the incorporated areas of the City of Cape Canaveral.. The purpose of the master plan shall be to guide and accomplish a coordinated and harmon- ious development of the entire city, which will, in accordance with existing and future needs, best promote the public health, safety, convenience, prosperity and general welfare of the city as well as efficiency and economy in the process of city development.. The master plan shall include a coordinated, uniform plan for: (A) Land use (B) Traffic circulation and roads (C) Public Utilities (D) Transportation (E) Public facilities, including schools., parks, playgrounds and other public areas (F) Long-range program for public improvement [Ord. No, 55-73,§ 11, Jan 3, 1974] Sec. 257.12 Master Plan, Preparation and Recommendation for Adoption. The master plan shall be prepared by the Planning and Zoning Board of the City of Cape Canaveral or under its direction. After review by the Board, its recommended master plan as a whole, or in geographic areas, shall be submitted to City Council for adoption. The recommendation shall refer expressly to the maps, descriptive material and other matters intended to be part of the plan, all of which shall be § 257.12 ! PLANNING & ZONING § 257.14 identified by the signature of the Chairman of the Planning and Zoning Board, together with the date thereof. The master plan recommendation, in whole or in part, shall require majority vote of the Planning and Zoning Board, as specified in § 257.07 hereof. Before adoption of the plan, or any portion thereof, a public hearing shall be held by City Council at which all persons shall have an opportunity to be heard. At least fifteen days notice of the time and place of such public hearing and its purpose shall be published in a daily newspaper of general circulation in the City of Cape Canaveral. [Ord. 53 -7-3,§ 12, Jan 3, 1974] Sec. 257.13 Master Plan, Approval by City Council. The master plan or such portions thereof as may be recommended to the City Council by the Planning and Zoning Board shall be formally acted upon by the City Council within ninety (90) days from the date of such submission. Any master plan, or part thereof, which is disapproved by the City Council shall be referred back to the Planning and Zoning Board for further ,consideration and study, with or without recom- mendations. [Ord. No. 53-73, § 13, Jan 3, 1974] Sec. 257.14 Master Plan, Dissemination of Copies. Upon adoption by the City Council and compliance with §§ 257.11, 12 and 13 hereof, the master plan or part thereof, shall be disseminated. Copies shall be furnished to the City Clerk, City Attorney, Building Official, Department of Public Works, and any other departments concerned. § 311.01 COUNCIL COMP. CHAPTER 311. COUNCIL CGIPENSATION § 311.02 Sec. 311.01 Compensation for Mayor. Commencing with July 1973, and effective for a two-year period thereafter, the compensation for the Mayor of the City of Cape Canaveral shall be $1,600.00 per year. [Ord. No. 14-73, § 1, 3 Apr. 1973] Sec. 311.02 Compensation for Council Members other than Mayor. Commencing with July 1973, and effective for a two-year period thereafter, the compensation for the members of the City Council of the City of Cape Canaveral shall be $1,200.00 per year. [Ord. No. 14-73, § 2, 3 Apr. 19731 § 541.01 UTILITY TAX CHAPTER 541 UTILITY TAX § 541.04 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. [0rd. No. 64-10, § 1, 28 Apr 1964] Sec. 541.02 Utilities Service Tax Established. There is hereby imposed and levied by the City of Cape Canaveral, Florida, on each and every purchase in the City of Cape Canaveral of electricity, metered or bottled gas (Natural, liquified petroleum gas or manufactured, water service, telephone service and telegraph service, herein- after called utilities service), a tax based upon the charge made by the seller to the • purchaser for such utilities service at the rate of 10 per cent of the total charge. [0rd. CNo. 64=10, §2, as amended by Ord. 19-71, 7 Dec 1971] Sec. 541.03 Payment of Tax. The tax imposed in § 541.02 above shall in every case be paid by the purchaser for the use of the City to the seller of such utilities service at the time of paying the charge therefore to the seller thereof, but not less often than monthly. [Ord. No. 64-10, § 3, 28 Apr 1964] Sec. 541.04 Computation of Tax. In all cases where the seller of utilities service shall collect the price thereof at monthly periods, or periods of less than one month, the tax hereby levied may be computed on the aggregate amount of the sales during the said period, provided the said tax to be collected shall be the nearest whole cent to the amount computed for any period of one month', 1 § 541.04 UTILITY TAX § 541.06 or less than one month in which the seller shall collect or receive payment from the purchaser of the charges for such utilities service. [Ord. No. 64-10, § 4, 28 Apr 1964] Sec. 541.05 Purchase of Utilities Service. The purchase of such utilities service for each dwelling, separate apartment in an apartment house, or duplex house, or dwelling house divided into separate living apartments, hotel, rooming house, restaurant, store, office, manufacturing plant, or other place of business, manufacture, service, or residence shall be considered a separate purchase for the purpose of computing the 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 purchases of each such place of dwelling or busi- ness 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 per cent 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, § 541.06 UTILITY TAX § 541.09 either than a calendar month, if such seller shall file with the City Treasurer of the City of Cape Canaveral a written designation 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 compu- tation 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. [0rd. 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 service 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. [0rd. 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 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 selling price § 541.09 UTILITY TAX § 541.12 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. [0rd. 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 service, 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 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 inspection 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. [0rd. 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 without collecting the same from the purchase. Any seller who shall § 541.12 UTILITY TAX § 541.13 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 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 per cent 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 empowered, 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] § 541.14 UTILITY TAX § 541.17 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 dis- continue the further sale or furnishing to any such purchaser of anysuch 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 Collection 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] Sec.'541.16 Payment of Utilities Service without Payment of Tax. It shall.be unlawful for any purchaser to pay to any seller the price charged by such seller for the purchase of such utilities service without, at the same time and in the same transaction, paying to the seller the tax hereby levied on such purchase, unless the seller has elected to assume and pay such tax. [Ord. No. 64-10, § 16, 28 Apr 1964] Sec. 541.17 Failure to Pay Tax Imposed; Penalty. Any purchaser who shall fail to pay the tax hereby imposed, at the same time and in the same trans- action with the payment to the seller of the utilities service purchased, shall be liable to the City for a penalty equal to one per cent of the total charge for the utilities service for § 541.17 UTILITY TAX . § 541.20 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. [0rd. No. 64-10, § 17, 28 Apr 1964] Sec. 541.18 Penalty. Any seller, officer, agent, or employee of any seller, or any purchaser, or any officer, agent or employee of any purchaser, who shall violate any of the provisions- of §§ 541.12, 541.15, 541.16, or 541.17 of this Chapter shall, upon conviction, be punished by being fined an amount not exceeding Two Hundred Fifty Dollars ($250.00) or by being imprisoned for a term not exceeding sixty (60) days, or by both such fine and imprisonment. Each separate violation of any provision of any said Sections shall constitute a separate offense.. [0rd. No. 64-10, § 18, 28 Apr 1964] Sec. 541.19 Application. The provisions of this Chapter shall apply to all persons, corporations,• partnerships, joint adventurers, or other bodies, or firms selling or purchasing within the limits of the City of Cape Canaveral any utilities service regardless of the place of residence or place of business of any such seller or purchaser, and the tax shall apply to each and every purchase of such utilities service in the City of Cape Canaveral except those specifically exempted herein. [0rd. 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 and considered hereby appropriated for all legal 7 § 541.20 UTILITY TAX § 541.21 corporate purposes, including the payment of revenue obligations t.o be hereafter issued for sanitary sewer purposes. [Ord. No. 64-10, § 20, 28 Apr 1964] Sec. 541.21 Tax and Appropriation Continuing. The tax hereby levied shall be a continuing tax, and the appropriation here made of the proceeds of such tax shall be a continuing appropriation so long as all of the aforesaid revenue obligations shall be outstanding or until provision for the full payment thereof shall have been made. [Ord. No. 64-10, § 21, 28 Apr 1964] • § 543.01 COURT ASSESSMENT . CHAPTER 543 COURT ASSESSMENT § 543.01 Sec. 543.01 Court Assessment Established. Pursuant to 23.105, Florida Statutes, the City of Cape Canaveral assesses an additional $1.00 for law enforcement education expenditures for their law enforcement officers. [Ord. Noe 27-73, § 1, 17 July 1973] § 545.01 EXCISE TAX INS. CHAPTER 545 •• EXCISE TAX ON INSURANCE § 545.02 Sec. 545.01 Insurance Tax Imposed. There is hereby assessed, imposed and levied on every insurance company, corporation or other insurer now engaging in or carrying on, or which shall hereafter engage in or carry on the business of isnuring with respect to casualty risks, as shown by the records of the insurance commissioner of the State of Florida, an excise or license tax in addition to any license tax or excise tax now levied by the City of Cape Canaveral, Florida, which said tax shall be in the amount of one per cent of the gross amount of receipts of premiums from policyholders on all premiums collected on casualty insurance policies, covering property. within the corporate limits of the City of Cape Canaveral, Florida. [Ord. 9-72, § 1, June 21, 1972] Sec. 545.02 Tax Due Annually on March 1. The license or excise tax herein levied shall be due and payable annually on the first day of March of each year hereafter. [0rd. No. 9-72, § 2, June 21, 1972] § 549.01 PROPERTY TAX CHAPTER 549 .PROPERTY TAX § 549.04 Sec. 549.01 Ad -Valorem Tax Established. There is hereby established and imposed annually an ad valorem tax not to exceed a rate of three (3) mills on the assessed value of all nonexempt real property located within the City of Cape Canaveral, Florida, as may be determined each year by the City Council. The determination of exempt property shall be made in accordance with Florida.law, and as determined by the Brevard County Tax Assessor. [Ord. No. 25-72, § 1, Jan. 2, 1973] Sec. 549.02 Property Valuation Determined by County Tax Assessor. For the purpose of this Chapter, the valuation of said real property shall be the same as assessed by the Brevard County Tax Assessor. [Ord. No. 25-72, § 2, Jan. 2, 1973] Sec. 549.03 County Collector to Collect Tax. The Brevard County Tax Collector is hereby designated to collect the tax imposed by this Chapter on behalf of the City of Cape Canaveral, Florida. Said tax shall be imposed annually and shall be collected by the Tax Collector simul- taneously with collection of the Brevard County ad valorem tax. [Ord. No. 25-72, § 3, Jan 2, 1973] Sec. 549.04 Tax to Enter General Fund. All taxes collected hereunder shall be appropriated by the City for the general fund. [Ord. No. 25-72, § 4, Jan. 2, 1973] § 551.01 PROPRIETARI SERVICES § 551.04 CHAPTER 551 INTERIM PROPRIETARY SERVICES FEE Sec. 551.01 Fee Established. A fee to be known as the "Interim Proprietary Services Fee" is hereby established. [0rd. No. 19-73, § 1, 5 June 1973] Sec. 551.02 Purposes. It is recognized that the cost to the City of Cape Canaveral of providing trash and garbage collection is paid by the ad valorem tax revenue of the City. During the period between the time a certificate of occupancy is issued and the time the improvements on property are placed on tho tax rolls on the ensuing January 1, the City is obligated to provide •trash and garbage service, as well as providing other direct services to improved property and the occupants thereof for which no part of the cost of such direct services is received .by the City. The purpose of the Interim Proprietary Services Fee, therefore, is to defray the cost to the City of Cape Canaveral of providing direct services to improved property prior to the imposition of ad valorem taxes on such improvements, and is not intended as an ad valorem tax. [0rd. No. 19-73, § 2, 5 June 1973] Sec. 551.03 The Fee Levied on Certain Properties. The Interim Proprietary Services Fee shall apply to those properties issued a certificate of occu- pancy either permanent or temporary for full or partial use of the premises and shall be paid from the first day of the month following the date upon which certificate of occupancy is issued until the ensuing January 1. [Ord. No. 19-73, § 3, 5 June 1973] Sec. 551.04 Fee: When Paid. The entire Interim Proprietary Services Fee in full shall be paid ' § 551.04 PI.OPRIETARY SERVICES § 551.05 upon issuance cf a certificate of occupancy, and the certificate of occupancy shall not be issued until the Interim Proprietary Services Fee has been uaid. Where a certificate of occupancy has been issued prior to the .ollection as herein provided, the City shall for and a bill for the fee required to the owner or user of .:he premises and payment shall be .made within thirty (30) days after such billing. [Ord. No. 19-73, § 4, 5 June 1973] Sec. 551.05 Rate, The Interim Proprietary Services Fee shall be $4.00 per unit per month from the first day of the month plus actual container charges billed to the City by the garbage service operator following the date of the issuance of the certificate of occupancy. For the purposes of this Chapter, a "Unit" shall be defined as a single-family residence; each living unit of a townhouse, duplex, or multiple -family dwelling; ' a warehouse bay; a single -tenant industrial space; a retail store; or a single -tenant space in an office building. For other uses, or when the interior of a nonresidential building is not fully subdivided into individual tenant spaces at the time a certificate of occupancy is first issued, a "unit" for the portion not finally divided shall be calculated by determining the occupant load as shown in the Southern Florida Building Code based on 4.3 persons for each unit, [Ord.. No. 19-73, § 5, 5 June 1973] a CRIM. STA. ADOPTED CHAPTER 601 FLORIDA CRIMINAL STATUTES ADOPTED' Sec. 601.01 Florida Statutory Misdemeanor Acts .1 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 June 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 4 801.01 of this Code. [0rd. No. 1-62, § 2, as amended by .1-62A, 6 Aug. 1963] § 605.01 Sec. 605.01 CIVIL EMERGENCY CHAPTER 605 CIVIL EMERGENCY Definitions. § 605.02 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, earthquake 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 extent 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 designated 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 § 605.02 CIVIL EMERGENCY • § 605.04 councilman, a civil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of same. [Ord. No. 8-69, § 2, 21 Oct. 1969] Sec. 605.03 Powers when a Civil Emergency Exists. After proclamation of civil emergency, as described in §§ 605.01, 605.02, the person • declaring the civil emergency may order a general curfew applicable to such geographical areas of the City or to the City as a whole, as he deems advisable, and applicable during such hours of the day or night as he may deem necessary in the interest of the public safety and welfare. The person proclaiming a civil emergency is also empowered to close the stores or places of busi- ness and make such other temporary orders for the preservation of the peace or protection of life or property as he may deem necessary and such order shall have the force and effect of law. [Ord. No. 8-69, § 3, 21 Oct. 1969] Sec. 605.04 Violations of Orders Punishable. Any person violating the provisions of this Chapter or executive order issued pursuant hereto or any person who wilfully 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 enforcement of such executive order shall be punished as provided in § 801.01. [Ord. No. 8-69, § 4, 21 Oct. 1969] § 607.01 • UNLAWFUL ESCAPE CHAPTER 607 UNLAWFUL ESCAPE 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 provision of this Chapter shall be punished as provided in § 801.01. [Ord. No. 23-71, § 2, 4 Jan. 1972] § 611.01 BUILDING CODE CHAPTER 611. .BUILDING CODE § 611.03 Sec. 611.01 Building Code Adopted. That for the purpose of establishing rules and regulations for the erection, construction, alteration, repair, moving and demolition of buildings and structures in the City of Cape Canaveral, that certain building code known as the Southern Standard Building Code, 1969 Edition with current amend- ments and all future editions and amendments as promulgated by the Southern Building Code Congress of which not less than three copies have been and now are filed in the office of the City Clerk, is hereby adopted as fully as if the same was herein set forth verbatim. From 18 Apr. 1972, the provisions thereof shall be controlling in the erection, construction, alteration, repair, moving and demolition of buildings and structures within the corporate limits of the City except those amendments to sections or parts of sections set forth below. [0rd. No. 3-72, § 2, 18 Apr. 1972] Sec. 611.02 Building Code Section Deleted. Section 102.1(b) Southern Standard Building Code 1969 Edition with current amendments and all future editions and amendments is deleted. [Ord, No. 3-72, § 2(a), 18 Apr. 1972] Sec. 611.03 Penalty. Any and all persons who shall violate any of the provisions of this Chapter or shall fail to comply therewith, or who shall violate or fail to comply with any order 'or regulation made thereunder, or who shall build in violation of any detailed statement or specifi- cations or plans submitted and approved thereunder or any certificate or permit issued thereunder, shall severally for each and every such violation § 611.03 BUILDING CODE § 611.03 • and noncompliance, respectively, be punished as provided in § 801.01. [Ord. No. 3-72, § 3, 18 Apr. 1972] § 615.01 GAS CODE CHAPTER 615 OAS CODE § 615.03 Sec. 615.01 Gas Code Adopted. That for the purpose of establishing rules and regulations for the erection, construction, alteration, repair, moving and demolition of buildings and structures in the City of Cape Canaveral, that certain build- ing code known as the Southern Standard Gas Code, 1969 Edition with current amendments and all future editions and amendments as promulgated by the Southern Building Code Congress of which not less than three copies have been and now are filed in the office of the City Clerk, is hereby adopted as fully as if the same was herein set forth verbatim. From 18 Apr. 1972, the provisions thereof shall be controlling in the erection, construction, alteration, repair, moving and demolition of buildings and structures within the corporate limits of the. City, except those amend- ments to sections or parts of sections set forth below. [Ord. No. 3-72, § 2, 18 Apr. 1972] Sec. 615.02 (Reserved) Sec. 615.03 Penalty. Any and all persons who shall violate any of the provisions of this Chapter or shall fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder or who shall build in violation of any detailed 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 noncompliance, respectively, be punished as provided in § 801.01. [Ord. No. 3-72, § 3, 18 Apr. 1972] § 617.01 ELECTRIC CODE CHAPTER 617 ELECTRIC CODE 617.03 Sec. 617.01 Electric Code Adopted. That for the purpose of establishing rules and regulations for the erection, construction, alteration, repair, moving and demolition of buildings and structures in the City of Cape Canaveral, that certain building code known as the National Electric Code, 1971 Edition with current amend- ments and all future editions and amendments as promulgated by the National Fire Protection Association, of which not less than three copies have been and now are filed in the office of the City Clerk, is hereby adopted as fully as if the same was herein set forth verbatim. From 18 Apr. 1972, the provisions thereof shall be controlling in the erection, construction, alteration, repair, moving and demolition of buildings and structures within the corporate limits of the City, except those amendments to sections or parts of sections set forth below. [0rd. No. 3-72, § 2, 18 Apr. .1972] Sec. 617.02 (Reserved)' Sec. 617.03 Penalty. Any persons who shall violate any of the provisions of this Chapter or shall fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed statement or specifi- cations or plans submitted and approved thereunder or any certificate or permit issued thereunder, shall severally for each and every such violation and. noncompliance, respectively, be punished as provided in § 801.01. [Ord. No. 3-72, § 3, 18 Apr. 1972] § 619.01 HOUSING CODE CHAPTER 619 HOUSING CODE § 619.03 Sec. 619.01 Housing Code Adopted. That certain publication known as the Southern Standard Housing Code, as amended, is hereby adopted as the Standard Housing Code for the City of Cape Canaveral, Florida, except as noted below. A copy of such Southern Standard Housing Code shall be on file in the office of the Building Official of the City during all regular office hours of the Building Official. [Ord. No. 4-67, §§ 1, 2, as amended by 4-67-A, 19 Sept. 1967] Sec. 619.02 Housing Code Amended. Section 106.01 of the Southern Standard Housing Code, as amended, as adopted by the City of Cape Canaveral shall read as follows; The Board of Adjustment for the purpose of the Standard Housing Code of the City of Cape Canaveral, Florida, shall be appointed by a majority vote of the City Council. [Ord. No. 4-67, § 1, as amended by 4-67-A, 19 Sept. 1967] ' Sec. 619.03 Enforcement. The City Building Official is hereby authorized and directed to enforce the provisions of the Southern Standard Housing Code as the Standard Housing Code of the City. [Ord. No. 4-67, § 3, 20 June 1967] § 651.01 BEACH AND DUNES CHAPTER 651 BEACH AND DUNES § 651.04 Sec. 651.01 Short Title. This Chapter shall be known as the "City of Cape Canaveral Beach and Dune Protection Code." [Ord. No. 14-72, § 1, 19 Sept. 1972] Sec. 651.02 Authority. This Chapter is adopted pursuant to Sections 167.005, 167.05, Florida Statutes, and Article I, Section 3; Article II, Section 1, paragraphs 9, 26, 28, 40, 41 and 61, City of Cape Canaveral, Florida Charter. [Ord. No. 14-72, § 2, 19 Sept. 1972] Sec. 651.03 Purpose. The purpose of this Ordinance is to repair and protect the natural barriers which shield inland areas from the ravages of storms. Its purpose is also to . protect the beaches and shores of the City from erosion. The most permanent and effective means of effecting these purposes is to preserve the natural vegetative cover which binds the sand forming the natural barriers or dunes. In that the most critical vegetation, the dune grass, is most vulnerable to trampling, traffic across it must be carefully controlled. [Ord. No. 14-72, § 3, 19 Sept. 1972] Sec. 651.04 Related Regulation and Technical Reference. The following Florida Statutes are. related to, but not controlling on this Chapter: Section 161.052, Coastal Construction and Excava- tion Regulation; Section 370.041, Harvesting of Sea Oats and Sea Grapes Prohibited. Also related is City of Cape Canaveral Resolution 72-29, Building Plans on Lots Fronting the Atlantic Coastline to be Approved by Florida Department of Natural Resources. The following technical § 651.04 BEACH AND DUNES § 651.07 ' publications are appropriate reference: "Dune Formation and Stabilization by Vegetation and Plantings," Army Corps of Engineers, Coastal Engineering Research Center, Technical Memoran- dum No. 101; "Dune Stabilization with Vegetation on the Outer Banks of North Carolina," Army Corps of Engineers, Coastal Engineering Research Center, Technical Memorandum No. 22; "Creation and Stabilization of Coastal Barrier Dunes," Army Corps of Engineers, Coastal Engineering Research Center, Reprint 3-69; "Design with Nature;" Ian L. McHarg, The Natural History Press, Garden City, New York, 1969. [Ord. No. 14-72, § 4, 19 Sept. 1972] Sec. 651.05 Definitions. Dune Area as used in this code is defined to mean "any land within fifty (50) feet of the bluff line at any riparian coastal location fronting the Atlantic Coast shoreline." Bluff Line as used in this code is defined to mean "the line determined by those points located on the easternmost edge of the elevated, vegetated bank which is commonly found adjacent to the Atlantic Coast mean high water line; irrespective of whether said bank may not be elevated and vegetated at some points." [Ord. No. 14-72, § 5, 19 Sept. 1972] Sec. 651.06 Natural Barriers Protected. It is unlawful for any purpose to remove any soil from, or lower the elevation at any point within the dune area. [Ord. No. 14-72, § 6, 15 Sept. 1972] Sec. 651.07 Beach Soil Removal Prohibited. It. shall be unlawful for any person to remove any sand, shell, gravel and other earthen material § 651.07 BEACH AND DUNES § 651.10 in excess of one cubic foot from the ocean beach within the limits of the City of Cape Canaveral between the ocean bluff and the low water mark of the spring tides. [Ord. No. 13-62, § 1, 21 Dec. 1962] Sec. 621.08. Vegetation Protected. It is unlawful for any purpose to cut, remove, or eradicate any of the vegetation Uniola Paniculata, commonly known as sea oats, or Coccolobis Uvifera, commonly known as sea grapes, or Ammophila Breviligulata, commonly known as American beachgrass, or any natural species having an extensive Rhizome system and stiff stems and leaves, from the dune area. [0rd.'No. 14-72, § 7, 19 Sept. 1972] Sec. 651.09 Present Destruction to be Remedied. At any location in the dune area where the acts enumerated in Sections 651.06 and 651.08 have occurred, whether by man or by nature, the damage shall be repaired by suitable means. (See Section 4 references.) It shall be unlawful to hinder or interfere with any repair operations or structures. [Ord. No. 14-72,§ 8, 19 Sept. 1972] Sec. 651.10 Penalty. Any person, firm, or corporation violating any of the provisions of this chapter shall be punished as provided in § 801.03. .3 § 655.01 BIRDS PROTECTED CHAPTER 655 BIRDS PROTECTED 4 655:03 Sec. 655.01 Designation of Bird Sanctuary. The entire area embraced within the corporate limits of the City of Cape Canaveral be and the same is hereby designated as a Bird Sanctuary. Sec. 655.02 Unlawful to Molest Birds or Wild Fowl. It shall be unlawful to trap, shoot, hunt or attempt to shoot or molest in any manner any bird or wild fowl, or to rob bird nests or wild fowl nests. Sec. 655.03 Penalty. Anyone violating the provisions of this Chapter shall be punishable by a•fine of not more than One Hundred Dollars ($100.00) or imprisonment for a period not exceed- ing thirty (30) days. [Ord. No. 13-71, 3 Aug 1971] § 657.01 Sec. 657.01 TREE PROTECTION CHAPTER .657 TREE PROTECTION Definitions. § 657.03 Tree is any self-supporting, woody or fibrous plant of a species which normally grows to an overall minimum height of fifteen (15) feet in the Cape Canaveral area. Trunk diameter is the length of a straight line through the center of the trunk of a tree, measured at a height of four and one-half feet above the ground, except for palms, which shall be measured immediately above the root cap. [Ord. No. 26-73, § 1, 17 Jul 1973, as amended by Ord. 51-73, § 1, 18 Dec 1973] Sec. 657.02 Permit Required. (A) No person shall cut down, destroy, remove or move, effectively destroy through damaging, any tree with a trunk diameter of four inches or more without first obtaining a tree removal permit. (B) The terms and provisions of this Chapter shall apply to all real property in the City of Cape Canaveral, including publicly owned lands, rights of ways and easements. [Ord. No. 26-73, § 2, 17 Jul 1973, as amended by Ord 51-73, § 2, 18 Dec 1973] Sec. 657.03 Permit Procedure. (A) Permission for removal of trees shall be obtained by making application for the permit to the Building Official. The application shall specify the location of the property, the expected land use and the location of the trees to be removed, § 657.03 TREE PROTECTION § 657.03 indicating the reasons for removal. A permit fee of $5.00 for each tree to be removed shall be assessed, but in any event, the permit fee shall not exceed $25.00. (B) The Building Official may issue a permit for the removal of trees. In making his deter- mination, the Building Official shall review and consider the following guidelines and criteria: (1) Whether or not the tree is located where structures or improvements may be placed; (2) The tree unreasonably restricts the permitted use of the property; (3) Whether a rearrangement of the structures or improvements thereon will result in the saving of trees, particularly on parcels having minimal tree density; (4) Whether or not rearrangement of the • building structure will significantly add to the overall cost of the'development; (5) Whether or not the tree is located where surveying or soil determination work may take place; (6) Whether or not the tree is diseased, injured or in danger of falling; (7) Whether the tree is too close to existing or proposed structures; (8) Whether the tree unmanageably threatens or causes disruption to public utility service or poses a threat to vehicular or pedestrian safety; § 657.03 i TREE PROTECTION § 657.04 (9) Whether or not the removal of the tree is desirable in order to enhance or be:efit the condition of other remaining trees. (C) In making the determination, the Building Official may inspect the tree and its location and utilize any outside technical assistance that may be necessary, including the advice and assist- ance of the City of Cape Canaveral Beautification Board. (D) A permit for tree removal may include requirements for replacement of trees and may specify size and kind of trees and location of replacement trees. (E) Prior to issuance of tree removal permits on undeveloped land, the Building Official shall consider whether or not the plan for development has been submitted by the applicant and whether or not the tree in question poses a safety hazard to buildings, pedestrian or vehicular traffic or public utility service. • (F) No permit shall be required if the tree is diseased, injured, or in danger of falling.. This is not to exceed two trees on one property. or one parcel. [Ord. No. 26-73, § 3, 17 Jul 1973, as amended by Ord 51-73, § 3, 18 Dec 1973] Sec. 657.04 New Construction Permits. As a condition to issuance of a permit for new construction, the Building Official may require that protection for existing trees be provided during construction, 'as well as the other standards and criteria as set forth herein. [Ord. No. 26-73, § 4, 17 Jul 1973, as amended by Ord. 51-73, § 4, 18 Dec 1973] § 657.05 TREE PROTECTION § 657.07 Sec. 657.05 Appeals from Decisions Provided, Any party may appeal a decision of the Building 0ffic$.al under this Chapter to the Board of Adjustment, under the rules provided in the Zoning Chapter for the appeal of decisions. The Board of Adjustment may use the standards and criteria as set forth in this Chapter in their review. [Ord. No. 26-73, § 5, 17 Jul 1973, as amended by Ord. 51-73, § 5, 18 Dec 1973] Sec. 657.06 Emergencies. In case of emergencies such as hurricane, windstorm, flood, or other disasters, the requirements of these sections may be waived by the City Manager upon recommendation by the building official and a finding that such a waiver is necessary so that public or private work to restore order in the City will not be impeded. [Ord. No. 26-73, § 6, 17 Jul 1973] Sec. 657.07 Penalty. (A) Any person who shall violate the provisions of this Chapter shall be punished by fine not to exceed Five Hundred Dollars ($500) or imprisonment not to exceed ten (10) days or both, (B) Violations of this Chapter shall be grounds for revocation or suspension of any building permits issued. [Ord. No. 26-73, § 7, 17 Jul 1973] § 675.01 LITTER AND WASTE CHAPTER 675 LI IER AND WASTE Sec. 675.01 Definitions. § 675.01 Litter is garbage, rubbish, rubble, handbills and junk as hereinafter defined. Garbage . is putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food. Rubbish is nonputrescible solid wastes consist- ing of both combustible and noncombustible wastes; such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials. Rubble is broken fragments of concrete, brick, stone or asphalt when such fragments are scattered in disarray. Commercial Handbill is any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter or literature: (1) Which advertises for sale any merchandise, produce, commodity or thing; or (2) Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales; or (3) Which directs attention to or advertises any meeting, theatrical performance, § 675.01 LITTER AND WASTE § 675.01 exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; but the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expense incident to such meeting, theatrical performance, exhibi- tion, or event of any kind; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind, without a license, where such license is or may be required by any law of this State, or under any ordinance of this City; or (4) Which, while containing reading matter other than advertising matter, is predomi- nately and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person engaged as an advertiser or distributor. Noncommercial Eandbi n is any printed or written matter, any sample, or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise repro- duced original or copies of any matter of literature not included in the aforesaid defini- tions of a commercial handbill or newspaper. Newspaper is any newspaper of general circulation as defined by general law, any newspaper fully entered with the Post Office Department of the United States, in accordance with Federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general § 675.01 LITTER AND WASTE § 675.01 law; and, in addition thereto, shall mean and include any periodical or current magazine regularly published with not less than four issues per year, and sold to the public. Junk is any scrap metal, scrap lumber, discarded building materials, junk vehicle, abandoned parts, machinery, machinery 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, dismantled, partly• dismantled, inoperative or abandoned condition. Park is a park, reservation, playground, beach, recreation center or any other public area owned or used by the City and devoted to active or passive recreation. Person is any person, firm, partnership, association, corporation, company or organiza- tion of any kind. Private Premises is any dwelling, house, build- ing or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Public Place is any and all streets, sidewalks, boulevards, alleys or other public ways and any § 675.01 LITTER AND WASTE § 675.05 and all public parks, squares, spaces, grounds and buildings. [0rd. No. 25-73, § 1, 3 July 1973] Sec. 675,02 Litter in Public Places. No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the City except in public receptacles or in authorized private receptacles for collection. [Ord. No. 25-73, § 2, 3 July 1963] Sec. 675.03 Placement of Litter in Receptacles so as to Prevent Scattering. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk, or other public place. [0rd. No. 25-73, § 3, 3 July 1973] Sec. 675.04 Sweeping Litter into Gutters Prohibited. No person shall sweep into or deposit in any gutter, street, or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. [Ord. No. 25-73, § 4, 3 July 1973] Sec. 675.05 Merchants' Duty to keep Sidewalks free of Litter. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street, or other public place within the City the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupy- ing places of business within the City shall keep the sidewalk in front of their business premises free of litter. [0rd. No. 25-73, § 5, 3 July 1973] 67I5.06 LITTER AND WASTE §675.11 Se. 675.06 Litter Thrown by Persons in Vehicles. No person, while a driver or passenger in a vehicle, shall]. throw or deposit litter upon any street or other .public place within the City. [Ord. No. 25-73, § 6, 3 July 1973] Sec: 675.07 Truck Loads causing Litter. No person shall drive or move any truck or other vehicle within the City unless such vehicle is so constructed or loaded as to prevent any load or contents of litter from being blown or deposited upon any street, alley or other public place. [Ord. No. 25-73, § 7, 3 July 1973] Sec. 675.08 Dropping Litter from Aircraft. No person in an aircraft shall throw out, drop or deposit within the City any litter, handbill or any other object. [Ord. No. 25-73, § 8, 3 July 1973] Sec. 675.09 Litter in River. No person shall throw or deposit litter in any river or any other body of water in a park or elsewhere within the City. [Ord. No. 25-73, § 9, 3 July 1973] Seca 675.10 Litter on Occupied Private Property. No person shall throw or deposit litter on any occupied private property within the City, whether owned by such person or not, except that the owner or person in control of private property may main- tain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. [Ord. No. 25-73, § 10, 3 July 1973] Sec. 675.11 Owner to Maintain Premises Free of Litter. The owner or person in control of any private property shall at all times maintain the premises free of litter. Provided, however, that § 675.11 LITTER AND WASTE § 675.15 this Section shall not prohibit the storage of . litter in authorized private receptacles for collection. [Ord. No. 25-73, § 11, 3 July 1973] Sec. 675.12 Litter on Vacant Lots. No person shall throw or deposit litter on any open or vacant private property within the City whether owned by such person or not. [Ord. No. 25-73, § 12, 3 July 1973] Sec. 675.13 Throwing or Distributing Commercial Handbills in Public Places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the City. Nor shall any person hand out or distribute or sell any commercial handbill in any public place. Provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the City for any person to hand out or distribute without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it. [Ord. No. 25-73, § 13, 3 July 1973] Sec. 675.14 Placing Commercial and Noncommercial Handbills on Vehicles. No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle; provided, however, that it shall not be unlawful in any public place for a person to hand out or distribute without charge to the receiver thereof, a noncommercial handbill to any occupant of a vehicle who is willing to accept it. [Ord. No. 25-73, § 14, 3 July 1973] Sec. 675.15 Depositing Commercial and Non- commercial Handbills on Uninhabited or Vacant Premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which are temporarily or contin- • § 675.15 LITTER AND WASTE § 675.17 uously uninhabited or vacant. [Ord. No. 25-73, § 15, 3 IJuly 1973] Sec. 675.16 Prohibiting Distribution of Handbills where Properly Posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises, if requested by anyone thereon net to do so, or if there is placed on said premises in a conspicuous position near the entrance thereof, a sign bearing the words: "No Tres- passing," "No Peddlers or Agents," "No Advertisements," or any similar notice, indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed, or to have any such hand- bills left upon such premises. [Ord. No. 25-73, § 16, 3 July 1973] Sec. 675.17 Distributing Commercial and Noncommercial Handbills at Inhabited Private Premises. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant, or other person then present in or upon such private premises. Provided, however, that in case of inhabited private premises which are not posted, as provided in this Chapter, such person, unless requested by anyone upon such premises not to do so, shall have the authority to place or deposit any such handbill in or upon such inhabited private premises, if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when so prohibited by Federal postal law or regulations. The provisions of this section shall not apply to the distribution of 7 § 675.17 LITTER AND WASTE § 675.20 ' mail by the United States, nor to newspapers. [Ord. No. 25-73, § 17, 3 July 1973] Sec. 675.18 Posting Notices Prohibited. No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law. [Ord. No. 25-73, § 18, 03 July 1973] Sec. 675.19 Storage of Junk Vehicles. A junked vehicle may not be parked, stored or left in the open unless it is necessary for the operation of a business enterprise lawfully situated on private property. Any other junked vehicle or vehicles must be relocated to a completely enclosed location or otherwise removed from the property. [Ord. No. 25-73, § 19, 03 July 1973] Sec. 675.20 Complaints; Reports. Any citizen or inhabitant of the City of Cape Canaveral may make complaint to any police officer of the existence of litter on private property. Upon receipt of said complaint, the officer shall inspect the property complained of and file a written report with the City Manager. Said report shall be on a form pro- vided by the City Manager and shall, at a minimum, include the following information: property location, inspector, location and type of litter and if a vehicle, the make, year, type, color, license number plate by number, state and year, motor number, serial number, number of wheels in place, percentage of rust, and any other remarks regarding broken glass, missing fenders, motor, transmission, battery, radiator, headlights or bumpers. Said report shall also include a list of articles of value found within any vehicle. Based upon said report, the City Manager shall make a § 675.20 LITTER AND WASTE § 675.21 determination as to whether or not said vehicle is properly classified as litter and/or a junk Vehicle. [Ord. No. 25-73, § 20, 3 July 1973] Sec. 675.21 Notice and Order for Removal of Litter on Private Property or Junked Vehicle. If the City Manager determines that the vehicle is a junk vehicle, the Police Department shall attempt' to notify the owner of said vehicle and request that he immediately remove the said litter and/or vehicle. In theevent the litter and/or vehicle is not removed, the City Administration shall cause to be served by registered mail addressed to the property owner on which the litter and/or junked vehicle is located as determined from the tax rolls of the City, a notice and order which shall notify by description of litter and if a vehicle, the make, body type, color and license number, the vehicle or vehicles complained of, that the litter and/or vehi- cle or vehicles are in violation of this Chapter and that the property owner is required and ordered to remove said vehicle or vehicles within thirty (30) days after service, and if there be a failure to so remove, that the City may remove or cause the - removal of such litter and/or vehicles from the property and assess the cost to the property owner. Said notice and order shall further notify the property owner that he may, within fifteen (15) days of the service, request a hearing before the City Council of the City of Cape Canaveral to determine whether said notice and order was proper or justified, and that such request must be in writing and addressed to the City Manager. The City Manager shall also post a duplicate of the original of said notice and order in a conspicuous spot on the affected property. The hearing shall be held prior to the expiration of the period for compliance by the owner. [Ord. No. 25-73, § 21, 3 July 1973] § 675.22 LITTER AND WASTE 5 675.22 Sec. 675.22 Failure to Comply with Notice and Order; Removal by City; Assessment and Collection of City's Cost, Unpaid Sums added to Tax Rolls of the Property. If the property ,owner does not comply with the notice and order within the time specified therein, then the City may proceed with the removal of the said litter and/or junked vehicle or vehicles, or may cause the same to be done. If' the City proceeds to execute a notice of order issued by it for the removal of litter and/or junked vehi- cle or vehicles, said City may let contracts therefor. The City may charge or assess the said property and the owner with the actual cost of labor performed and materials furnished in removing the litter and/or • junked vehicle or vehicles, together with ten per cent (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 per cent (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 Cldrk shall constitute a discharge of the lien. [Ord. No. 25-73, § 22, 3 July 1973.] § 675.23 LITTER AND WASTE Sec'. 675.23 Waiver of Rights by Property Owners; Removal at City's Costs. If a property owner has been served a notice and order to relocate or otherwise remove litter and/or junked vehicles, and if the property owner elects to relinquish his rights and interest to the litter and/or vehicle or vehicles and to permit the City to carry out the abatement of the violations as listed in a notice and order without further delay, then, in that event, the City may proceed to remove the violations, providing the owner signs a waiver, in writing, to this effect, holding the City harmless from any damage claims, and submits same to the City Manager. Any expense incurred by the City as a result of removing any litter and/or junked vehicles following the receipt of a waiver by the property owner or his duly authorized representative shall, in the event that the property owner or his duly authorized representative can satisfactorily establish that the property owner is not the owner of said litter and/or junked vehicles, be at the City's expense, other provisions of this Chapter notwithstanding. [0rd. No. 25-73, § 23, 3 July 1973] Sec. 675.24 Penalty. Any person violating any provision of this Chapter shall be punished as provided in § 801.03. [Ord. No. 25-73, § 24, 3 July 1973] § 675.24 § 677.01 . MOSQUITO CONTROL CHAPTER 677 MOSQUITO CONTROL Sec. 677.01 Title. This chapter relating to mosquito control shall be known, and may be cited as "The Mosquito Control Code." [0rd. No. 29-64, § 1, 1 Sept. 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 th•e 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. [0rd. No. 29-64, §§ 2, 3, 1 Sept. 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. [0rd. No. 29-64, § 4, 1 Sept. 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. § 677.04 • (A) Screening with wire netting of at least § 677.04 MOSQUITO CONTROL § 677.05 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. (F) Filling or draining to the satisfaction of the Director of Mosquito Control of the County (G) Proper disposal by removal or destruction, broken or empty containers likely to hold water. [Ord. No. 29-64, § 5, 1 Sept. 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 respon- sible 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 A § 677.05 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 suchfailure or refusal of the person or corpora- tion 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 Sept. 1964] Sec. 677.06 Penalty. Any person who violates any of the provisions of this chapter shall be punished as provided in § 801.02. MOSQUITO CONTROL § 677.06 § 681.01 IMPOUND. OF VEH. CHAPTER 681 IMPOUNDING OF VE-IICLES § 681.01 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 physical 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 ofsuch vehicle is taken into custody by the Police Department and such vehicle would thereby be left unattended upon § 681.01 a street. IMPOUND. OF VEH. § 681.03 • (G) When removal is necessary in the interest of public safety because of fire, flood, storm, or other emergency reason. (H) When the driver agrees in accordance with § 603.01 (E). [Ord. No. 1-72, §2, 1 Feb. 1972] Sec. 681.02 Charges to be Paid. No vehicle impounded in an authorized garage as herein provided shall be released 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 storage charges shall be fixed by the City Judge, such charges to be based upon a compu- tation 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 § 681.03 IMPOUND. OF VEH. § 681.03 from a street under § 681.01, and does not know and isinot able to ascertain the name of the owner, or for any other reason is unable to give the notice to the owner as hereinbefore provided, 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 include 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] § 711.01 NOISE ABATEMENT CHAPTER 711 NOISE ABATEMENT § 711.02 Sec. 711.01 Policy to Prohibit Noise Declared. It is hereby declared to be the policy of the City of Cape Canaveral, Florida, to prohibit unnecessary, excessive and offensive noises from all sources subject to its police powers. The need for noise regulation is a matter of legisla- tive determination and public policy and this Ordinance is adopted in pursuance of and for the purpose of securing and promoting the public health, comfort, convenience, safety, welfare, peace and quiet of the City of Cape Canaveral, Florida, and the people residing therein. [Ord. No. 2-74, § 1, 5 Feb. 1974] Sec. 711.02 Excessive Noise Defined and Prohibited. No person shall, within the limits of the City of Cape Canaveral, create or cause to be created any unreasonably loud, unnecessary or disturbing noise. A noise shall be deemed to be unreasonably loud and a violation of this Chapter under the following circumstances: (A) Any sound radiated for continuous or recurrent periods, from any premises that produces sound pressure levels at any point on the property line of said premises or adjacent dwelling unit, in excess of the following "A" Scale Limits, slow meter response, measured in decibels: DISTRICT "A" SCALE LIMITS DAY NIGHT Residential 65 60 Business 75 70 Industrial 80 75 § 711.02 NOISE ABATEMENT § 711.02 " (B) Any sound emanating from an automobile, truck, motorcycle, motor bus or other vehicle weighing less than 10,000 lbs GVW, in excess of the following "A" Scale Limits, measured with fast meter response from a distance of 50 feet from the centerline of the lane in which the vehicle is traveling. (1) 0n any street where the speed limit is below 40 mph, 72 decibels; (2) 0n any street where the speed limit is 40 mph or above, 82 decibels. (C) Any sound emanating from the construction or demolition of buildings or structures, or from the maintenance or construction of streets or highways, having a sound pressure level higher than 90 decibels measured from a distance of 50 feet from the place of the action, or if the source of the sound is on private property, measured from the nearest property line. (D) Any noise of an impulsive or intermittent character, such as hammering, stamping or forging operations, or gunfire, which produces sound pressure levels in excess of the following "A" Scale Limits, fast meter response, measured in decibels at a distance of 50 feet, or at the nearest property line, whichever is closer: "A" SCALE LIMITS (Fast Meter Response) DISTRICT DAY NIGHT Residential 70 60 Business 80 70 Industrial 85 75 [Ord. No. 2-74, §2, 5 Feb. 1974] § 711.03 NOISE ABATEMENT § 711.04 . Sec. 711.03 Method of Measurement Described. The microphone used to measure the loudness of a noise shall be placed at any point on the property line or a point 50 feet distant from the noise being measured, no closer than 5 feet from any wall not less than 4 feet above the ground and at right angles to the noise source. Sound pressure levels shall be measured with a sound level meter having an "A" weighted measuring scale manufactured according to the American National Standards Institute ANSI Standard S 1.4- • 1971, which has been calibrated in accordance with ANSI standards. [0rd. No. 2-74, § 3, 5 Feb 1974]. Sec. 711.04 Exceptions. (A) Sound created by emergency activities or vehicles, sounds giving warning of emergencies, sounds customarily signalling particular times of day and sounds created by gasoline powered garden equipment shall be exempt from the provisions of this Chapter. (B) If the applicant can show to the City Manager or his designee that a diligent investi- gation of available noise abatement techniques indicates that immediate compliance with the requirements of this Chapter would be impractical or unreasonable, a permit to allow exception from the provisions contained in all or a portion of this Chapter may be issued with appropriate conditions to minimize the public detriment caused by such exception. Such permit must be obtained at least three days in advance from the City Manager or his designee, and must be issued for as short a duration as possible, but not to exceed 90 days. Said permit may be renewable upon a showing of good cause. [0rd. No. 2-74, § 4, 5 Feb. 1974] J § 711.05 NOISE ABATEMENT § 711.05 Sec. 711.05 Penalty Provided. Any person violating any of the provisions of this Chapter— shall be punished as provided in § 801.03. [Ord. No. 2-74, § 5, 5 Feb. 1974] §',727.01' PUBLIC AREA CONSTR. REG. CHAPTER 727. PUBLIC AREA CONSTRUCTION REGULATIONS Sec. 727.01 Permit Required. It shall be unlawful for any person to dig up, break, excavate, tunnel, jet, bore and jack, undermine or in any manner break up any street, highway, sidewalk, or other publicway or public grounds, or to make or cause to be made any excavation in or under the surface of any street for any purpose or to place, deposit or leave upon any street any earth or other excavated material obstructing or tending to interfere with the free use of the street, unless such person shall first have obtained a permit therefor from the City as herein provided. [Ord. No. 5-67, § 1, 19 Sept. 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 exca- vation 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. [0rd. No. 5-67, § 2, 19 Sept. 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 available from the City Manager. [0rd. No. 5-67, § 3, 19 Sept. 1967] § 727.04 PUBLIC AREA CONSTR. REG. § 727.06 Sec. 727.04 Guarantee. It shall be the duty of the permite.e to guarantee and maintain the site of the excavation work free from defects caused by the excavation for one (1) year after restoring it to its original condition. [Ord. No. 5-67, § 4, 19 Sept. 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 Sept. 1967] Sec. 727.06 Cash Deposits. The application for an excavation permit to perform excavation work under this Chapter shall be accompanied with a cash deposit, for deposit with the City as follows: a sum equal to $$2.00 per square foot of surface of each excavation to be made in streets which have been paved; a sum equal to 50¢ for each square foot of surface of each -such excava- tion 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, however, be required to comply with all other applicable provisions of this Chapter. Any special or general deposit made hereunder shall serve as security for the repair and performance of work necessary to put the street in as good a condition as it was prior to the excavation if the permitee fails to make the necessary repairs or to complete the proper refill- ing of the opening and the excavation work under the excavation permit. § 727.06 PUBLIC AREA CONSTR._ REG.;:.n § 727.08 Upon the permitee'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.permitee upon the expiration of such twelve-month period; provided,however, that the City may use any or all of any such • deposit to pay the cost of any work'the City performs to restore or maintain the street as herein pro- vided in the event the permitee fails to perform such work, in which event the amount refunded to .the permitee shall be reduced by the amount thus expended by the City. [0rd. No. 5-67, § 6, 19 Sept. 1967] Sec. 727.07 Clean-up. As the excavation work progresses, 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 permitee 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 Sept. 1967] Sec. 727.08 City's Right to Restore Surface. If the permitee.shall have failed to restore the surface of the street to.its original and proper condition upon the expiration of the time fixed by such permit or shall otherwise have failed to .complete the excavation'work.covered by such permit, •the City, if it deems it advisable, shall have the right to do all work and things necessary to restore the street.and tocomplete the excavation work. The permitee shall be liable for the actual. • cost thereof and twenty-five'per cent (25%) of .such cost in addition for general overhead and • administrative expenses. [0rd. No.'5-67, § 8, 19 Sept. 1967] § 727.09 PUBLIC AREA CONSTR. REG. § 727.12 ' Sec. 727.09 Urgent Work. If unusual traffic conditions, or excavation of a major artery require 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 permitee 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, provided that such permit is secured at the earliest practicable time after commencement of the work. [Ord. No. 5-67, § 9, 19 Sept. 1967] Sec. 727.10 Inspections. The City shall make such inspections as are reasonably necessary in• the enforcement of this Chapter. [Ord. No. 5-67, § 10, 19 Sept. 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 pavement replacement of a typical section of any open cut of a City street is attached hereto and by this reference made a part hereof. [0rd. No. 5-67, § 11, 19 Sept. 1967] Sec. 727.12 Authority of City. The City shall have the authority to require off-street dirt storage, to prohibit 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 Sept. 1967] § 727.13 PUBLIC AREA CONSTR. REG. § 727.14 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 perform- ance of any excavation work for which an excavation permit is issued hereunder; 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 Sept. 1967] Sec. 727.14 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be punished as provided in § 803.02. [Ord. No. 5-67, § 14, 19 Sept. 1967] NOTE:Typed numbers Printd and in File Folders re--e--4-7-e-} 7/ [text saying "To be Revised"] CITY OF CAPE CANAVERAL CODIFIED CODE 12/31/78 CITY OF CAPE CANAVERAL CODE OUTLINE Title I. CREATION, ALTERATION, EXISTENCE AND DISSOLUTION. (100-199) City Charter included for reference. Title II. GOVERNMENT & ADMINISTRATION (200-299) A. Generally Chap. 201 •Records (Ord. No. 3-69, 5/20/69) Chap. 203 Uniform Procedure (Ord. No. 30-73, 7/14/73, a/a/b 18-75, 8/5/75, a/a/b 7-76, 4/3/76) Chap. 205 Purchasing Procedure (Ord. No. 27-74, 10/1/74, ih Manual Form) i Chap. 207 Personal Property Control (Ord. No. 28-74, 10/15/74, in Manual Form) B. Elections Chap. 211 Election Procedure (Ord. No. 20-72, 11/21/72, a/a/b 1-75, 3/4/75, a/a/b 11-74, 5/21/74) City Organization Chap. 231 General Organization (Ord. No. 33-73, 9/18/73, a/a/b 5-77, 4/19/77) D. Bodies Established Chap 251 Beautification Board (Ord. No. 11-68, 11/5/68) • Chap. 253 Library Board (Ord. No. 11-66,.5/10/66, Fla. Stat. 9-73, 5/1/73) .Chap. 255 Recreation Board (Ord. No. 64-24, 8/18/64, a/a/b 64-24A,.3/16/65, a/a/b/ 64-24B, 9/21/65, a/a/b 15-77, 8/16/77) Chap. 257 Planning b Zoning Board (Ord. No. 53-73, 1/3/74) Chap, 259 Board of Adjustment (Ord. No. 7-72, 7/5/72, a/a/b/ 21-73, 7/3/73, Rep. by 34-74, 2/4/75) Chap. 261 Local Planning Agency (Ord. No. 14-4,6, 7/6/76, a/a/b 11-78, 5/9/78) Chap. 263 Commercial Development Bc F 1 • (Ord. No: 17-75, 8/12/75, a/a/b/ 27-75, 11/25/75, a/a/b/ 8-76, 5/4/76, a/a/b/ 19-76, 9/7/76)'. E. Procedures of Bodies Chap. 271 Council Procedures (Ord. No. 5.73, 4/3/73, a/a/b 21-73, 7/3/75, a/a/b,' 44-73, 11/13/75, a/a/b 35-74, 1/7/75, a/a/b 16-75, 6/10/75, a/a/b1 15-76, 7/27/76) Title III. OFFICERS, AGENTS, AND EMPLOYEES (300-399) A. Generally Chap. 301 Reimbursements (Ord. No. 37-64, 9/15/64, a/a/b 25-74, 9/3/74) B. Officers Chap. 311 Council Compensation (Ord. No. 14-73, 4/3/74) Chap. 333 Law Enforcement Plan (Ord. No. 17-72, 10/3/72, a/a/b 33-73, 9/18/73, Rep. by 4-77, 4/19/77) C. Employees Chap. 351 Personnel Policy (Ord. No. 9-70, 11/3/70., a/a/b 24-73, 7/17/73, a/a/b 33-73, 9/18/73, Rep. by 14-75, 6/10/75) C4app 353 Employee Insurance • g4ap, 361 Administrative Review Title IV. PROPERTY AND CONTRACTS (400-499) Franchise Agreements Chap. 411 Gas Service (Ord. No. 5-66, 1/18/66) Chap. 413 Telephone Service (Ord. No. -65, 8/3/65) Chap. 415 Cable TV Service (Ord. No. 36--64, 9/15/64) Chap. 417 Water Service (Ord. No. 38-64, 9/21/64) Chap. 419 Electric Power Service (Ord. No. 5-62, 1/28/62) • (.7 Title V. PUBLIC IMPROVEMENTS, UTILTTIES;. AND SERVICES (500,599)H A. Generally Chap. 501 Establishments of Streets (0rd. No.'23-63, 12/19/63, a/a/b 24-72, 1/2/73) Chap. 503 Subdivision of Land (Ord. No. 12-62, 10/17/62) B. Improvement Financing Chap. 531 Street Improvements (Ord. No. 1-67, 2/21/67, a/a/b 1-67A, 5/16/67) Chap. 533 Storm Drainage (Ord. No. 15-66, 6/7/66, a/a/b 6-67, 10/17/67) Chap. 535 Sewer Connection Assessment (Ord. No. 10-73, 4/3/73, a/a/b 4-75, 3/11/75, a/a/b 16-78, 10/3/78) C. Finance of Services Chap. 541 Utility Tax (Ord. No. 64-10, 4/28/64, a/a/b 19-71, 12/7/71) Chap. 543 Court Assessment (Ord. No. 27-73, 7/17/73) Chap® 545 Excise Tax on Insurance (Ord. No. 9-72, 7/5/72) Chap. 547 Building Permit Fees (Ord. No. 15-73, 4/3/73, a/a/b 10-74, 5/7/74, a/a/b.'1-76, 2/24/76, a/a/b 12-76, 6/8/76) Chap. 549 Property Tax (Ord.No. 25772, 1/2/73) Chap. 551 Interim Proprietory Service Fee (Ord. No. 19-73, 6/5/73) Title VI. POLICE POWERS (600- .A. Generally Chap. 601 Florida Criminal Statutes Adopted (0rd.'No. 1-62, 6/19/62q a/a/b 1-62A, 8/6/63) Chap. 603 Arrest Procedure (Ord. No. 1-72, 2/1/72) Chap. 604 Unlawful Consumption of Alcoholic Beverage (Ord. No. 24-74, 9/13/74, a/a/b 29-74, 10/14/74, a/a/b 36-74, 12/17/74, a/a/b 13-75, 5/13/75, a/a/b 31-75, 12/6/75, a/a/b 23-76, 12/21/76, a/a/b 8-67, 12/5/67, a/a/b 9-75, 5/6/75, a/a/b 9-77, 6/7/77) _ Chap. 605 Civil Emergency_ (Ord. No.8-69, 10/21/69), ,Chap. 607 Unlawful Escape (0rd. No.23-71, 1/4/72) • Chap." 609....Curfew for Minors No. 8-66, 3/15/66, _Rep. by. 30-74, 11/5/74) -' 10Disposition of Abandoned, Found or Validly Seized Property. (Ord. No. 4-76, 5/18/76) B. Perservation & Protection of Public Safety "&" Welfare 1. Building Codes Prescribed. Chap; 611 Building Code (Ord. No. 3-72, 4/18/72, a/a/b 3-74, 2/5/74) Cha 613 Plumbing Code (Ord. No. 3-729 4/18/72) Chap. 615' Gas Code (Ord. No, 3-72, 4/18/72) Chap. 617' Electric Code (Ord, No. 3-72, 4/18/72) Chap. 619 Housing Code (Ord. No. 4-67, 6/20/67) a/a/b 4-67A, 9/19/67) Chap. 621 Fire Prevention Code (Ord. No. 1-69, 4/15/69, a/a/b 12-73, 5/L/73, a/a/b 20-77, 1/3/78) Chap. 624 Floqd Damage Prevention (Ord, No, 5-78, 5/2/78) Chap. 625 Standard Excavation and Grading Code (Ord; No,-3-76, 3/9/76); Chap, 627 Standard Swimming Pool Code (Ord, No,i13-76, 6/1/76) Zoning Regulations (Ord. No..10-75, passed 10/28/75,'• Ord. Nos, 8-75 and 11-75 were incorpora`fed in 10-75 when it was passed) Amended by the following.•0rdinances:• 29-75.i 3/9/76, 17=76, 9/27/7.6 24-76, 1/18/77, 10-77, 6/21/77', 14-77, 10/4/77, 21-77,'2/7/78, 1-78, 2/21/78,. 2-78, 2/21/78, 3-78, 3/4/78, 8-78, 6/6/78,' 10-78, 6/20/78,'19-78, 12/5/78 Chap. 613 Plumbing Code (ord. No. 3-72, 4/18/72) Chap. 615 Gas Code' (Ord. No. 3-72, 4/18/72) Chap. 617 Electric Code (Ord. No. 3-72, 4/18/72) Chap. 619 Housing Code (Ord. No. 4-67, 6/20/67) a/a/b 4-67A, 9/19/67) Chap. 621, Fire Prevention Code (Ord. No. 1-69, 4/15/69, a/a/b 12-73, 5/1/73, a/a/b 20-77, 1/3/78) Chap, 624 Flood Damage Prevention (Ord. No. 5-78, 5/2/78) Chap. 625 Standard ,Excavation and Grading Code (Ord. No. 3-76, 3/9/76) Chap.. 627 Standard Swimming Pool • Code (Ord. No, 13-76, 6/1/76)', 2. Zoning Regulations (Ord. No. 10-75, passed 10/28/75, 0rd, Nos, 8-75 and 11-75 were incorporated in 10-75 when it. was passed) Amendedby the following.Ordinances: 29-75, 3./9/76, 17-76,,9/27/76 24-76, 1/18/77, 10-77, 6/21/77, 14-77, 10/4/77, 21-77, 2/7/78, 1-78, 2/21/78, 2-78, 2/21/78, 3-78, 3/4/78, 8-78, 6/6/78,• 10-78, 6/20/78, Chap. 631 Zoning Definitions Chap, 633 Establishment of Districts Chap. 635 Application of District Regulations Chap. 637 Schedule of District Regulations Chap. 639 Supplementary District Regulations Chap. 641 Special Exceptions for Planned Development Chap. 643 Nonconforming Entitles • Chap. 645 Administration and Enforcement /? 3,Land Use Regulations Chap. 651 Beach and Dunes (Ord. No. 13-62, 12/4/62, a/a/b 14-72, 9/19/72) Chap, 653 Sign Ordinance (Ord. No. -65, 3/30/65, a/a/b 18-72, 10/3/72, a/a/b 22-71, 1/4/72, a/a/b 23-73, 7/3/75, a/a/b 21-75, 10/7/75, a/a/b 23-77, 1/3/78) Chap. 655 Birds Protected' (Ord, No. 13-71, 8/3/71) Chap. 657 Tree Protection (Ord. No. 26-73, 7/17/63, a/a/b 51-73, 12/18/73) • 4. Water Use Regulations 5. Sanitary Regulations Chap. 671 Sewer Service (Ord. No. 6-66, 2/15/66, a/a/b 6-66-B, 9/20/66, a/a/b 12-72, 10/3/72, a/a/b 31-74, 12/3/74, a/a/b 4-75, 3/11/75, a/a/b 6-75, 4/22/75, a/a/b 6-77, 5/3/77)• Chap. 673 Garbage and Trash Removal (Ord. No.9-78, 5/16/78) Chap. 675 Litter and Waste (Ord. No. 25-73, 7/3/73) Chap. 677 Mosquito Control (Ord. No. 29-64, 9/1/64) if 6. Motor Vehicle Regulation Chap, 681 Impounding Vehicle Regulations .(Ord, No. 1-72, 2/1/72). • Chap. 683 Off -Roadway Regulations (Ord. No. 18-73, 6/5/73, a/a/b 64-21, 8/4/64, a/a/b 20-76, 1.0/5/76, a/a/b 6-78, 4/4/78) Chap. 685 Parking Regulations (Ord. No. 22-76, 1/18/76) C. Regulations, Suppression and Preven- tion of Nuisances . Chap. 701 Animals Controlled (Ord. No. 10-70, 10/20/70 a/a/b 14-71, 9/17/71, a/a/b 16-71, 9/21/71, a/a/b 19-74, 6/18/74) .: D. Pollution Control Chap. 711 Noise Abatement (Ord. No. 2-74, 2/5/74) B. Control and Regulation of Business Activities Chap. 721 Occupational Licenses (Ord. No. 11-72, 9/15/72, a/a/b 23-72, 12(5/72) Chap. 723 Special Occupational Permits (Ord. No. 21-66, 9/20/66, a/a/b 21-74, 7/16/74) Chap. 725 Taxi Regulations (Ord. No. 9-68, 10/1/68, a/a/b 10-76, 5/11/76, a/a/b 18-76, 9/21/76, a/a/b 2-77, 3/1/77) Chap. 727 Public Area Construction Regulations (Ord. No. 5-67, 9/19/67) Chap. 733 Alcoholic Beverage Sale Regulations (Ord. No. 23-72, 12/5/72, a/a/b 17-74, 6/4/74, a/a/b 24-74, 9/3/74, a/a/b 29-74, 10/15/74, a/a/b 9-75, 5/6/75, a/a/b 13-75, 5/13/75, a/a/b 23-76, 12/21/76) F. Enforcement and Penalties Chap. 801 Penalties (Ord. No. 15-75, 5/27/75) CHARTER \?, Art II CAPE CANAVE_RAL CHARIER Art. II 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 pro- vided by said ordinance; 61. The City of Cape Canaveral shall have the power to adopt laws, ordinances, rules and regu- lations for the purpose of exercising the fore- going 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 FTFCTED OFFICERS, QUALIFICATIONS AND TERMS Sec. 1 Qualifications of Mayor and Councilmen. The Mayor and members of the City Council shall be residents of the City of Cape Canaveral and shall have hd possess the qualifications of freeholder electors Art. III CAPE CANAVERAL CHARTER Art. III therein. They shall have been residents of the City or an area annexed by the City for a period. of two years immediately preceding their election. Any member of the Council or any Mayor who shall cease to have and possess the qualifications imposed on such office or who shall, while in office, be convicted of a crime involving moral turpitude, shall forfeit his office and his seat shall immediately become vacant. Absence from four consecutive regular meetings of the City Council, or from thirty per cent of the meetings held annually shall operate to vacate the seat of a member of the City Council or the office of Mayor unless such absence shall be excused by a resolution duly adopted by the City Council. Sec. 2 Appointed Officers. The City Council... shall have the power to appoint, employ and remove from office such officers and employees. of the City as the City Council shall deem necessary for the operation of the City. Said appointments and removals shall be subject to the majority vote of the City Councilmen. The City_ Council shall fix the compensation of all appointed officers and employees o2 the City. The offices of City Clerk, Tax Assessor, Tax Collector, and City Treasurer may be held by one and the same person, or may be combined in the office of City_ Clerk, or may be combined in such manner as the City Council may direct. Sec. 3 Compensation of Officers. The City Council may, by ordinance, provide for the compensation of the Mayor, its members and its appointed officers, and the method of payment of the same. The first ordinance to provide for the compensation, if any, of the Mayor or the Council- men shall be passed at least sixty (60) days, but not more than ninety (90) days prior to the General Art. III CAPE CANAVERAL CHARTER Art. III 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 hundred dollars per year during the first four years such compensation shall be paid or sixteen hundred dollars per year thereafter. Sec. 4 Vacancies in Elected Offices. If any vacancy occurs in the City Council, for any reason other than the recall of a Councilman, the City Council shall, within thirty (30) days following the occurrence of the vacancy, elect a successor Councilman who shall serve for the remainder of the term of office of•the Councilman he succeeded. Any Councilman so elected shall take office immediately upon his election and qualification. If three (3) or more seats on the City Council shall be vacant at the same time, the Governor shall appoint successor Councilmen to fill the vacancies on the City Council and any Councilmen so appointed shall serve 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 Art. III CAPE CANAVERAL CHARTER Art. IV vacany 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). ARTICT,F 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 representa- tive of the City at all state functions or other functions requiring an official representative of .the City. The Mayor shall not have the power to veto any ordinance or resolution passed by the City Council. The Mayor shall vote on issues coming before the Council as if he were a council- man. During the absence or disability of the . Mayor his duties shall be performed by the Mayor Pro Tem. (Amended by General Election, June 2, 1970). Sec. 2 Additional Duties. The Mayor shall also recommend and propose such legislation and other matters of a similar nature to the City Council which he deems expedient and proper. The Mayor shall preside at meetings of the City Council. 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; commencing with the general city election in 1973, the Mayor shall be elec- ted for a term of three (3) years and thereafter 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). Art. XVII CAPE CANAVERAL CHARTER :: Art: XVII 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 finallyadopted 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 expendi- ture of money be incurred, except pursuant to the budget appropriation. The Council may trans- fer any unencumbered appropriation balance or any portion thereof, from one department, fund or 'agency to another. The balance in any appropria- tion 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 Re uc ired. At the beginning of each quarterly period during.. the fiscal year, and more often if required by the Council, the City Treasurer shall submit to the Council data showing the relation between the estimated and actual income and expense to date. If it shall appear that the income is less than anticipated, the Council shall reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the income. Sec. 8 Deposit of City Money and Security Required. The Council shall designate the. depository or depositories for City funds; shall provide for the regular deposit of all City moneys,' and shall provide for the proper security of all City deposits. Art. XVII CAPE CANAVERAL CHARTER Art. XVII Sec. 9 Annual Audit Required. An independent audit shall be made of all accounts of the City government at least annually, and more frequently if deemed .necessary by the Council. Such audit shall be made by 'certified public accoun- : tants experienced in municipal accounting, ;'and who shall have.no•oersonal interest, direct or indirectii{ .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.ayailable to the public in such form as will disclose pertinent facts concerning the activi- •ties and finances of the City government. Sec 10 •. . (1) Competitive Bidding Required.' All purchasesand contracts for public imp.rov.ements shall, ex- cept as specifically provided herein, be::;:based wherever possible of ;competitive bids. (2)Formal Contract Procedure. All purchases a'nd:_:public improve- ments, except"as otherwise provided herein when the esti- mated costs thereof shall exceed $2,000.00 shall be purchased by formal writtencontract from the lowest''responsible bidder after due notice inviting proposals.i. (a)- Notice, Inviting Bids. .Notice'inviting bids shall be puh3.ished once in at : least'one,official newspaper with general circulation in Art. XVII CAPE CNANAVERAL CHARTER Art. XVII 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 limi- ted to commodities that are similar in character and ordinarily handled by the group to which the invita- tions are sent. The City shall also adver- tise pending purchases by a notice, posted on the pub- lic bulletin board in the City Hall. Art. XVII CAPE CANAVERAL CHARTER Art, XVII (3) Bid Deposits,'' When deemed nece— ssary by the City, bid deposits shall be prescribed in the public notices inviting bids. Unsuccess— ful 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 failure on his part to enter into a con— tract 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.no— tice. 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 improvements included in the proposed contract when the public interest will be served thereby. (6) (7) 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. Award of Contracts. Contracts shall be awarded to the lowest Art. • XVII CAPE CANAVERAL CHARTERj Art. XVII responsible bidder. In deter- • mining "1.oweat responsible. bidder", in addition to price,. the'City shall consider: (a) the ability, capacity.and skill of the bidder -to per- forin the contract or provide the service promptly or in the time specified without delay or interference; ' • (b) whether the bidder can per- form the contract or provide the service promptly or within the time specified without delay or interference; (c) the character, integrity, reputation, judgment, exper- ience and efficiency of the bidder; (d) the quality of perform- ance of previous contracts or services; (e) the previous and existing co8pliance by the bidder with laws and ordinance relating to the contractor services; (f) the sufficiency of the financial resources and abili- ty of the bidder to perform the contract or provide the service; • (g) the quality,'availability and adaptability of the Art.- XVII CAPE CANAVERAL CHARTER Art.XVII of the supplies or contrac— tual.services to .the particular use required; (h) the ability of the bidder to provide future maintenance and service for the use of the sub— ject of the contract; (1) 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 rea— sons for placing the order else— where shall be prepared -by the City and filed with the other - papers relating to the trans— action. (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 con— tract, in such amount as the City shall find reasonably necessary to protect its best interest. - Art. XVII CAPE CANAVERAL CHARTER Art. XVII (11) Prohibition Against Subdivision. No contract or purchase shall be subdivided to avoid the require- ments of this section. (12) Open Market Procedure. All pur- chases and public improvements of less than the estimated value. of $2,000.00 shall be made in the open market, without news- paper advertisement and without observing the procedure pres- cribed in this section for the award of formal contracts. (a) All open market purchases shall, whenever possible, be based on at least three competitive bids and shall ' be awarded to the lowest responsible bidder, in accordance with the stand- ards set forth above. (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 pub- lic inspection. 7 Art. XVII CAPE CANAVERAL CHARTER Art, XVII (1.3) Sole Source Purchasing. When the City has determined that a purchase is to be made which is available from only one source, and no other like supplies or materials are available for pur- chase by the City, then in that event the City may purchase the items notwithstanding the other provisions of this section. •A statement in writing justify- ing 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 Purchases. 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 low- est obtainable price, any supplies or public improvements, regard- less of the amount of the expen- diture, when such procurement is essential to prevent delays in the work of the City which may vitally affect the life, health or convenience of citi- zens. A full report of the circumstances of an emergency purchase shall be filed by the City Manager with the City Council at the next regular:,. City Council meeting following said purchase, and shall be entered in the Minutes of the • ArtIXVII CAPS-CANAVERAL CHARTER Art. XVII_. City Council and shall be open 'to public inspection. :(15) Purcheses From Other Governmen- tal Lists.. Purchases made by. the City utilizing bidders lists from other governmental agencies shall beexempt from the provi- sions Hof this ordinance, pro- vided,however, that the City Managed has reasonably determined that purchases from said bidders lists are in the best interests of the.C1ty. (Ord. No. 18-78 § 1, 21 Nov. 1978). r, - 0 § 203.01 PUB. RECORDS PROC. CHAPTER 203 UNIFORM PUBLIC RECORDS PROCEDURE § 203.04 Sec. 203.01 Short Title. This Chapter may be referred 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 materials 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. § 203.04 PUB. RECORDS PROC. § 203.05 (C) Stamped with a permanent, unique log number, and (D) Entered into a log noting material source and subject, and routing. (Ord. No. 30-73, §4, 17 Jul. 1973). (E) Notwithstanding the provisions set forth above, all incoming documents, papers, letters and other material add- ressed 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. (F) Notwithstanding the provisions set forth above, allincoming documents, papers, letters and other material add- ressed 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 Jul. 1973, amended by Ord. No. 18-75, § 1, 5 Aug. 1975. Ord. No. 7-76 § 1, 13 Apr. 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 dffice or official, except .§ 203.05 PUB. RECORDS PROC. § 203.06 (A) If required by law to do otherwise, the City Clerk shall retain a copy and for- ward th'e 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 Jul. 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-','§ 6, 17 Jul, 1973) . ... 73 § 203.07 PUB. RECORDS PROC. § 203.10 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: (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 subject to public disclosure shall be treated in the same fashion as outgoing 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 Communi- cations. All communications properly classified as interoffice or interdepartment directives shall be in writing, except that if the immediacy of the a:tion necessary requires a verbal directive, a written equivalent shall be forwarded within twenty-four (24) hours. This section shall not § 203.10 PUB. RECORDS PROC. § 203.12 i . apply to existing normal functions,'although the keeping of written records is encouraged. The 'implementation of all new functions, policies, or programs shall, however, be by written directive. [0rd. 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. [0rd. 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 punishable as provided in § 801.03. [Ord. No. 30-73, § 12, 17 July 1973] t. 205 ,171,-"Ift- • L. f 0 § 211.01 ELECTION PROCEDURE CHAPTER 211 ELECTION PROCEDURE § 211.01 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 Cana- veral, Florida. The duties, authority and responsibility of state and county officers, boards and bodies set forth in the Florida Election Code shall apply to the corresponding municipal entities in the conduct of municipal elections. (Ord. No. 1-75, § 1, 4 Mar 1975). Sec. 211.02 Penalties for Violat=ons. All penalties for violations as provi- ded 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 1975). 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). § 211.04 ELECTION PROCEDURE § 211. 04 Sec. 211.04 Limitation on Campaign Expenditures. The maximum allowable expenditure of funds by or on behalf of any candidate for office in the City of Cape Canaveral, Florida, shall be Seven hundred fifty dollars ($750. 00) , not- withstanding the requirements of Section 99 .161(b) (5) Florida Statutes . (Ord. No. 11-74, § 1, 21 May 1974) . § 231:.01 GEN. ORGANIZATION CHAPTER 231 GENERAL ORGANIZATION § 231.07 Sec. 231:01 The Council. All powers and duties of the City of Cape Canaveral specified in House Bill No. 167, Laws of Florida, Regular Session 1963, as amended, and of municipal corporations in the General Laws of the State of Florida are vested in the Council. The Council is composed of five members who are elected by the registered electors of the City. Two members are elected each year to three-year terms, except every third year one member who is also the Mayor, is elected to a three-year term. [Ord. No. 33-73, § 0.1, 18 Sept. 1973] Sec. 231.03 The Mayor. The Mayor is the presiding 'officer at meetings of the Council, titular head of city government, official representative of the City, and is responsible for the faithful execution of all ordinances. [Ord. No. 33-73, § 0.3, 18 Sept. 1973] Sec. 231.04 Mayor Protem. The Mayor Protem shall act for the Mayor in the event the Mayor is absent from the City or unable to perform the duties of tho office of the Mayor. [Ord. No. 33-73, § 0.4, 18 Sept. 1973] Sec. 231.05 Standing Committees of Councilmembers. (A) Committee on Zoning Regulation. [Ord. No.. 33-73, § 0.5, 18 Sept. 1973] Sec. 231.07 General Description of City Organization. (A) Principal Staff Units. The Council is assisted in the performance of its responsibilities § 231.07 GEN. ORGANIZATION § 231.07 by its staff, which is divided into the following principal units: (1) Office of City Manager (2) Office of City Clerk. (3) Office of City Attorney._ (4) Office of City Treasurer. (5) Office of City Engineer. (6) Isianicipal Court. (7) Administrative Review Judge. (B) 'Principal Administrative, Review and •Advisory L•oards.The Counpil is assisted in tie performance of its responsibilities by the following Boards: (1) Library Board (Administrative and Advisory). (2) Zoning Board of Adjustment (Review). (3) Building Board of Adjustment (Review). (4) Housing Board of Adjustment (Review). (5) Noise Abatement Board of Adjustment (Review). (6) Zoning and Planning Board (Advisory) (7) Beautification Board (Advisory) (8) Recreation Board (Advisory and Administrative) (9) Commercial Development Board (Advisory) (C) Interrelationship of Functions among Staff § 231.,Q GEN. ORGANIZATION § 231.10 and Boards (Reserved)...(Ord,.No, 5-77 Apr 1977), .[Ord. No, 33-73, I8 Sept. 1973] : Sec. 231.11 Office of City Manager. The City Manager is designated by the Coimcii and is directly responsible to the Council: The City Manager has the following duties and responsibilities. (A) To provide sustained administrative leadership and coordination of staff and board activities in carrying out the acts and directives of the Council, through overall supervision and coordination. In this capacity, he coordinates the activities of staff and boards to assure that adequate information and recommendation in impor- tant 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 recuuv endations thereon as may be necessary to administer the City most effectively in the public interest. (C). To assist the Mayor in carrying out the administrative and executive responsibilities • delegated to the Mayor and,' in connection there- with, to plan, direct, coordinate, and manage the administrative affairs of the Council. (D) To prepare the annual budget in conjunction with the City Treasurer, with the assistance of all offices and boards. (E) To directly administer and supervise the units of the office. [Ord..No. 33-73, 18.Sept. 1973J Sec. 231.13 Units of the Office. (A) .Immediate office of the City Manager. § 231.13 GEN. ORGANIZATION § 231.21 (B) Police Department, (C) Building Department. (D) Waste Water Treatment Department. (E) Maintenance Department. (F)• Road and Highway Department. (G) Recreation Department. Sec..231.14 The City Council shall be responsible for the employment and termi- nation of each of the department heads of the Units of the Office as described in Section 231.13 of this Chapter. (Ord. No. 5-77 § 1 19 Apr 1977). Sec. 231.15 Deputy City Manager. The City Clerk shall be the Deputy City Manager whoshall act for the City Manager during sickness or absence of the City Manager and be responsible for the functions of the Office. Sec. `231.21 Office of City Clerk. The City Clerk is designated by the Council and is directly responsible to the Council. The City Clerk has the following duties and responsibilities:. (A) Pursuant to § 119.021, Florida Statutes, and the City Charter, to be custodian of all public records of the City as defined in § 119.011, Florida Statutes, and the Seal of the City. (B) To be secretary of the Council and perform those duties specified in the • § 231.23GEN. ORGANIZATION Council1Rules of Procedure; (C) To function as Supervisor.of Elec- tions pursuant to the Florida Election Code. § 231.31 (D) To issue all licenses and instru- ments of authority in accordance with the laws and procedures of the City, except for those of court. (E) To directly administer and supervise the units of the office. Sec. 231.23 Units of the Office. (A) Immediate Office of the City Clerk. The Council shall appoint one or more•Deputy 'City Clerks who shall act for the City Clerk during sickness or absence of the City Clerk and be responsible for the functions of the - office. Sec. 231.31 Office of City Attorney. The City Attorney is designated by the Council. and is directly responsible to the Council. The City Attorney has the follow- ing duties and responsibilities: (A) To advise and represent the Council in matters of litigation. (B) To advise and make recommendations to the Council with respect to proposed legislation and to coordinate the prepara- tion of Council views on proposed or. current Florida or Federal law. I (C) To interpret Florida or Federal law. § 231.31 GEN. ORGANIZATION .§ 231.41 (D) To prepare and make recommendations and interpretations concerning procedural rules, to prepare ordinances and resolu— tions on request of council and Boards, and to review all ordinances for consis— tency, uniformity, and legal sufficiency. (E) To conduct research in legal matters as directed by the Council. (F) To perform all legal functions with respect to leases, contracts, tort claims and such other internal legal problems as may arise. (G) To directly administer and supervise the units of the office. Sec. 231.33 Units of the Office. (A) Immediate Office of the City Attorney. [Ord. No. 33-73, 18 Sept. 1973] (B) Office of the City'.P.ros_ecutor._and.., Assistant City Prosecutor.,(Ord. No. 5=77 19 Apr 1977) Sec. 231.35 Deputy City Attorney. The Council shall appoint a Deputy City Attorney who shall act for the City Attorney during sickness or absence of the City Attorney and shall.be responsible for the functions of the office. Sec. 231.41 Office of City Treasurer. The City Treasurer is designated by the Council and is directly responsible to the Council. The City Treasurer has the following duties and responsibilities: (A) To receive all moneys and funds coming in or belonging. to the City for § 231.41 GEN. ORGANIZATION § 231.45 taxes, licenses, permits, fines and from any and all sources whatever, and keep a faithful and strict account of all such moneys and funds, and pay same out only upon the order of the City Council, made in pursuance of law and ordinance. (B) To keep a strict account of each fund separate and as directed by the Council. (C) To prepare all checks and vouchers to be drawn on the City depositories, and to sign the same and.present such checks to the Mayor, or in his absence to the Mayor Protem, to be countersigned as pro- vided herein. (D) To collect moneys pursuant to directive of the Council. (E) To perform in conjunction with the City Manager in preparation of the annual budget with the assistance of all offices and boards, and to make available a monthly report of income and expenditures relative to the current budget. (F) To directly administer and supervie the units of the office. Sec. 231.43 Units of the Office. (A) Immediate office of the City Treasur- er. (B) Collection Division Sec. 231.45 Deputy City Treasurer. The Council. shall appoint a Deputy City § 231.45 GEN. ORGANIZATION § 231.91 Treasurer during sickness or absence of the City Treasurer and shall be respons- ible for the functions of the office. Sec. 231.51 Office of City Engineer. The City Engineer is designated by the Council and is directly responsible to the Council. The City Engineer has the following duties and responsibilities: (A) To conduct research in engin- eering matters as directed by the Council. (B) To perform al'l engineering funct- ions with respect to public works operations, building and planning review, and such internal engineering problems as may be directed by Council. (C) To directly administer and super- vise the units of the office. Sec. 231.53 Units of the Office. (A) Immediate Office of the City Engineer.(Ord. No. 5-77 §1,19 Apr 1977). Sec. 231.81 Municipal Court General Authority. The Municipal Court is a perm- anent body with continuing functions. It has jurisdiction over all offenses which are not felonies committed within the City. The rules of the Court shall be the Rules of Criminal Procedure of the State of Florida. Sec. 231.91 Administrative Review Judge General Authority. The authority and related functions of the Office shall be as set forth in Chapter 361. § 231.101 GEN ORGANIZATION § 231.'171 Sec, 231.101 Library Board General' Authority. The authority and related func- tions o'f the Library Board shall be as set forth in Chapter 253. (Ord. No. 11-66, 10 . May 1966, 9-73, 1 May 1973, &'Current Con- tract with Brevard County) Sec. 231.111 Zoning Board of Adjustment General Authority. The authority and related functions of the Zoning Board of Adjustment shall be as set forth in Chapter 645. (Ord. No. 10-75, 28 Oct, 1975). Sec. 231.121 Building Board of Adjust- ment General Authority. The authority and related functions of the Building Board of Adjustment shall be as set forth in . Chapter 611. Sec. 231.131 Housing Board•of Adjust- ment General Authority. The authority and related functions of the Housing Board of Adjustment shall be as set forth in• Chapter 619. . Sec. 231.151 Zoning and Planning Board General Functions. The functions of the Zoning and Planning Board shall be as set forth in Chapter 257. (Ord. No. 53-73, Mar 1, 1974) Sec. 231.161 Beautification Board General Functions. The functions of the Beautification Board shall be set forth in Chapter 251. (Ord. No. 11-68, 5 Nov.•• 1968) Sec. 231.171 Recreation Board General Functions. The functions of the Recrea- tion Board shall be as set forth in Chap- ter 255. (Ord. No. 64-24, 18 Aug 1964, 33-73 18 Sep 1973) e--‘ L;(. § 255.01 RECREATION BOARD ' CHAPTER 255 RECREATION BOARD § 255.01 255.01 Recreation Board Established. There is hereby created a Recreation Board to consist of seven (7) members, and two alternate members. Such membership shall serve at the pleasure of the City Council and shall be appointed for two (2) year terms by the City Council. Within thirty (30) days after the appointment of said Board, the Board shall have an organi- zation meeting at which time the Board shall elect its Chairman and any other official whom they may designate. Such Chairman shall serve for a one (1) year term, and the Board shall elect its Chairman annually at their regular meet- ing on the second Monday of November. All Board Members shall be residents of the City of Cape Canaveral. (Ord. No. 64-24, § § 1, 6, as amended by 64-24A, 16 Mar. 1965)(15-77 § 1, 16 Aug. 1977). (A) The.two (2) alternates shall be' :restricted from voting except as speci fied in Subsection D hereof. (B) The two (2) alternate members shall, when appointed by the City Council, be designated as alternate number one and alternate number two. The alternate members shall be appointed immediately after September 1, 1977. (C) At such time as the first alternate member loses his'alternate Board Member status by leaving the Board, or by appoint- ment as a permanent Board Member and there- .5 255.01 RECREATION BOARD §.255.03 after, the first alternate Board Mem- ber shall be that alternate Board Mem- ber with a longer service as an alter- nate Board Member. The remaining alter- nate.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 Mem- ber 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 permanentmember, in- cluding the right to vote on any matter before the Board at that meeting. In the ,absence of the first alternate Board Mem- ber from an Official Board Meeting, the second alternate Board Member shall act in the place of the absent first alternate, including the right to vote on all matters before the Board at that meeting. (Ord. No. • 15-77 § 2, 16, Aug, 1977): Sec. 255.02 Board Function Defined. The Board shall advise the Council on matters pertaining to public parks and recreation, and serve in such other similar matters as the Council may direct. (Ord. No. 64-24, § 2, 18 Aug. 1964) Sec. 255.03 Board Notification to Expend Monies Required. No city employee or official shall spend or commit monies allocated or donated to the Recreation Board• without a prior two weeks written notification to the Recreation Board of § 255.03 RECREATION BOARD the proposed expenditure of allocated monies in the Board's budget. (0rd. No._ 64-24, § 4, as amended by 64-24-A, 16 Mar. 1965). § 255.05 Sec. 255.04 Treasurer, Petty Cash Fund Established. The Treasurer of the Recreation Board, whose office is hereby created, shall receive, record and keep all equipment record of the Board. A recreation Board petty cash fund is.hereby created and a deposit of One Hundred Dollars ($100.00) is hereby appropriated. The Recreation Board Treasurer shall disburse such petty cash funds only as authorized and approved by the Board. The Board shall make an accounting of the said petty cash fund to the City Treasurer at the time of the quarterly review of the City's budget. Provided, however, that no more than the original appropriation of One Hundred Dollars ($100.00) need ever be accounted for. (Ord. No. 64-24, § 5, as amended by 64-24-A, 16 Mar. 1965). Sec. 255.05 Private Monies of the Board. The private monies of the _ Recreation Board (not to include appro-__ priation by the City) obtained by dona- tions, .contributions, gifts, bequests and monies raised, obtained or earned by the operation of concession stands on properties under the jurisdiction of the Recreation Board shall be deposited in any licensed banking institution located within the County of Brevard, State of Florida, in the name of the Recreation Board of the City of Cape Canaveral. Disbursements from such § 255.05 RECREATION BOARD § 255.ub depository shall be made only upon the order of two (2) members of the Recrea- tion Board, such signatories to be desig- nated by the Board. (Ord. No. 64-24, § 7, as amended by 64-B-24, 21 July 1965). Sec. 255.06 Employees of Board. All personnel hired or employed by the Recrea- tion Board for the operation or maintenance of concession stands and properties under its jurisdiction shall be responsible to the full Recreation Board and shall make periodic reports to the Board as prescribed by resolution of the Recreation Board. (Ord. No. 64-24, § 8, as amended by 64-B-24, 21 July 1965). 7 4 § 259.01 BOARD OF ADJUSTMENT § 259.01 CHAPTER 259 ZONING BOARD OF ADJUSTMENT Repealed by Ordinance 34-74, 4 February 1975. c I re, 0-- ' § 261.01 LOCAL PLANNING AGENCY § 261.02 CHAPTER 261 LOCAL PLANNING AGENCY Sec. 261.01 Designation and Estab— lishment of Local Planning Agency. Pur— suant to and in accordance with the provisions of Section 163.3174, Florida Statutes, the Local Government Compre— hensive Planning Act of 1975,•the Planning and Zoning Board of the City of Cape Canaveral, Florida is hereby designated and established as the Local Planning Agency for the City of Cape Canaveral, Florida, and in addition, two members at large shall be appointed by the City Council of the City of Cape Canaveral, Florida, to be regular members of the Local Planning Agency for the City of Cape Canaveral, Florida. Hereinafter, the Planning and Zoning Board of the City of Cape Canaveral, Florida, and the two delegates at large shall be referred to as the Local Plann— ing Agency. (Ord. No. 11-78 §1, 5 Sep 1978). Sec. 261.02 Duties and Responsibi— lities of Local Planning Agency. The local planning agency,in accordance with the provisions of Section 163.3161 through 163.3211, Florida Statutes, shall: (a) Assume the general responsibility for the conduct of the compre— hensive planning program and the preparation of the comprehensive plan for Cape Canaveral.; (b) Coordinate the comprehensive plan of Cape Canaveral or elements or portions thereof with the com— prehensive plans of other local governments and the State of Florida. § 261.02 LOCAL PLANNING AGENCY § 261.04 (c) Recommend the comprehensive plan of Cape Canaveral or elements or portions thereof to the City Council of the City of Cape Canaveral, Florida, for adoption, and (d) Monitor and oversee the effectiveness and status of the comprehensive plan of Cape Canaveral and recommend to the City Council of the City of Cape Canaveral, Florida such changes in the comprehensive plan as may from time to time be required. (Ord. No. 14-76 § 2, 6 Jul 1976). Sec. 261.03 Designation of Agency, Depart- ment, Committee or Person to Prepare Com- prehensive Plan. The City Council of the City of Cape Canaveral, Florida in coopera- tion with the local planning agency, may designate any agency, department, committee, or person to prepare the comprehensive plan for the City of Cape Canaveral, Florida, or any element thereof under the supervison and direction of the local planning agency. (Ord. No. 14-76 § 3, 6 Jul 1976). Sec. 261.04 Organization, Rules and Pro- cedures of the Agency. The initial and sub- sequent members of the local planning agency shall be appointed, shall select their officers and shall follow such rules of procedure as established in Ordinance No. 53-73, of the City of Cape Canaveral, Flori- da, and in the Ordinance adopted by the City Council of Cape Canaveral, Florida on Jan- uary 3, 1974 establishing the policies and rules of procedure for the Planning and Zoning Board, or as established in subsequent resolution or ordinance adopted from time to time by the City Council of Cape Canaveral, Florida. (Ord. No. 14-76 § 4 6 Jul 1976). § 261.05 LOCAL PLANNING AGENCY § 261.08 Sec. 261.05 Public Meetings and Records. All meetings of the local planning agency shall be open to the public and all records of such agency shall be public records. (0rd. No. 14-76, § 5 Jul 1976). Sec. 261.06 Funding. The City of Cape Canaveral shall appropriate funds at its discretion for salaries of staff," fees and expenses necessary in the con- duct of the work of the local planning agency and also establish a schedule of fees to be charged by the agency. (0rd. No. 14-76 § 6 Jul 1976). Sec. 261.07 Severability. The provisions of this ordinance shall be. deemed to be separate and independent of all other provisions herein a'nd if any provisions of this ordinance are declared invalid or void for any reason,- the invalidity thereof shall not affect-. the validity of the remaining portion --- hereof. (0rd. No. 14-76 § 7 6 Jul -- 1976). Sec. 261.08 Any ordinance or resolution previously adopted by the ---- City of Cape Canaveral which conflicts" with the provisions hereof shall be deemed repealed to the extent of such -..- conflict. (0rd. No. 14-76 § 8, 6 Jul 1976). § 263.01 COMMERCIAL DEVELOPMENT § 263.02 BOARD CHAPTER 263 Commercial Development Board Sec. 263.01 Establishment. The City of Cape Canaveral hereby establishes a Commercial Development Board in and for the City of Cape Canaveral, Florida. For the purpose of this ordinance, the words "commerce" or "commercial" used herein, shall pertain to activities in the areas of industry, commerce, business and tourism. (Ord. No. 17-75 § 1, 1,2 Aug 1975). Sec. 263.02 Purpose. The Commercial Development Board shall have the follow- ing purpose and duties to wit: (a) To prepare a commercial devel- opment 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 satisfy- ing 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. (Coordi- nate with Planning and Zoning Board). (3) A determination of the commer- cial needs of the citizens of Cape Cana- veral that are presently going unsatisfied, or being met by commercial entities out- side of the City. § 263.02 COMM. DEV. BOARD § 263.02 (4) An analysis of these needs and the preparation of a plan for bringing new and needed commercial enterprises 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 development 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: (1) Cocoa Beach Area Chamber of Commerce (2) Canaveral Port Authority (3) Brevard County Economic Devel- opment Council. (4) Other similar organizations or agencies which, in the opinion of the Commercial Development Board would be appropriate for such liaison. (e) Determine from existing commercial enterprises in the City and interested outside entities contemplating locating in the City, the appropriate 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. § 263.02 COMM. DEV. BOARD § 263.03 (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 recognition by the City can be effected. (g) To cooperate with all community groups which are dedicated to orderly commercial expansion of the City, and to furnish them with aid'and advice as is deemed appropriate. (h) To generally encourage in any manner the development'of business, commerce, industry and tourism in the City. (i) To investigate sources of financial assistance available to the City from the governmental or private sector and to assist the City as directed by Council in properly apply- ing 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 founda- tions. (Ord. No. 19-76 § 1, 7 Sep 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 § 263.03 COMM. DEV. BOARD § 263.06 conflict with or supercede the powers and duties of other City Boards. (Ord. No. 17-75 § 3, 12 Aug 1975). Sec. 263.04 Composition. The Commer- cial Development Board shall consist of nine (9) members. Each member shall either be a bona fide resident in the City or 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 purposes as described in Sec- tion 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 a/a/b Ord. No. 8-76 § 1, 4 May 1976 a/a/b Ord. No. 19-76, § 1, 7 Sep 1976). Sec. 263.05 Term of Office.• The mem- bers of the Board shall be appointed by a majority vote of the City Council for a term of two years. Two (2) members of the first Board shall serve for an initial term of three years with succeeding appointments of two years each. Alternate members shall be appointed for a two year term. (Ord. No. 17-75 § 5, 12 Aug 1975). Sec. 263.06 Vacancies. Vacancies occurring on the Board shall be filled for the unexpired term by the City Council (Ord. No. 17-75 § 6, 12 Aug 1975). 263.07 COMM. DEV. BOARD § 263.08 Sec. 263.07 Removal. The Council, by majority vote, shall have the authori- thy 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 § 271.01 CHAPTER 271 COUNCIL PROCEDURES INDEX TO COUNCIL RULES OF PROCEDURE GENERAL RULES § 271.01 Robert's Rules to Govern INITIATION AND NOTICE OF MEETINGS § 271.02 Regular Meetings § 271.03 Special Meetings § 271.04 Workshop Meetings INITIATION AND NOTICE OF 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 § 271.09 City Clerk § 271.10 City Manager § 271.11 City Attorney § 271.12 Sergeant -at -Arms CONDUCT OF MEETINGS § 271.13 Call to Order; Quorum; Roll Call § 271.14 Minutes § 271.15 Consideration of Matters before Council § 271.16 Adoption § 271.17 General Discussion § 271.18 Adjournment Sec. 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 organi- zation 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 § 271.01 COUNCIL PROCEDURES § 271.03 they are applicable. (Ord. No. 5-73 § 1.01, 3 Apr. 1973). Sec. 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 nation- al holiday, such meeting shall be held on the next succeeding day not a holiday. Regular meetings may be otherwise post- poned, 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 § 271.03 1 COUNCIL PROCEDURES § 271.04 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 member 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 council- man, 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 designa- ted by a majority of the Council in open session, and shall be open to the public and to the press. (Ord. No. 5-73 § 1.0-, 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 a/a/b Ord. No. 15-76 § 1, 27 Jul 1976). § 271.05 COUNCIL PROCEDURES § 271.05 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, whereas an ordinance prescribes a perma- nent 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 a hall be considered. In the event that the aforementioned workshop 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 § 271.05 COUNCIL PROCEDURES § 271.06 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 appro- priate. (Ord. No. 5-73 § 1.05, 3 Apr, 1973, a/a/b 44-73 § 1, 13 Nov 1973, a/a/b 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 Mana- ger. . (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 work- shop is not held, any member of the Council, the City Attorney, City Clerk or City Mana- ger may place an item on the agenda, provided that said item must be filed with the City Clerk prior to 12:00 noon on the Friday preceding the regular meeting.. This agenda will then be sent to the residences of the members of the City Council and to the office of the City Attorney at least forty- eight (48) hours prior to the regular meet- ing. (D) A discussion period limited to one hour shall be included automatically on the agenda. (See Section 271.17 below). § 271.06 COUNCIL PROCEDURES § 271.08 (E) The agenda for all meetings shall enjoy public notice be being posted in a conspicuous place in City Hall prior to 1:00 o'clock on the day preceding the meeting. (Ord. No. 5-73 § 1.o5, 3 Apr 1973 a/a/b 35-74 § 1, 7 Jan 1975, a/a/b Ord. No. 16-75 §1, 10 Jun 1975, a/a/b Ord. No. 15-76 § 1,-27 Jul 1976). Sec. 271.07 Presiding Officer. The presiding office 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 presidingofficer shall preserve strict order and decorum at all meetings of the Council. He shall state every question coming before the Council and announce the decision of the Council on all matters coming before it. A majority vote of the members present shall govern and conclusively determine all questions of order if a parliamentary decision by the presiding office is challenged. (Ord. No. 5-73 § 1.07, 3 Apr 1973). Sec. 271.08 Council Members Areas of Interest. Each council member shall be a source of information to the Council in his areas of primary interest. The intent of this rule is not to prevent any councilman from executing his rights and prerogatives of office, but rather to permit an orderly division of interest among the councilmen. The areas of § 271.08. COUNCIL PROCEDURE § 271.09 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, elec- tions, Chamber of Commerce, City Attorney, City Manager, Library, sewage, drainage, water service, Health and Sanitation In- spector, garbage service, animal control, liquor and• beverages, beautification and erosion control. At the next regular meeting following the day of the general. city election the Council, by majority vote, shall assign the.preceding areas of primary interest to its individual members. (Ord. No. 5-73 § 1.08, 3 Apr 1973 a/a/b/ 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, meet- ings, ordinances and resolutions. (Ord. No. 5-73 § 1.09 3 Apr 1973. §.271.10 COUNCIL PROCEDURES § 271.13 See. 271.10 City Manager. The City Manager shall be present and preparedto advise the Council of matters within his responsibility at all Council meetings, unless excused by Council. (Ord. No. 5-73 § 1.10 3 Apr 1973). Sec. 271.11 City Attorney. The City Attorney or the Assistant City Attorney in his absence, shall be available to the Council at all meetings, unless excused by Council. He shall draw ordinances and resolutions for any member of the Council when and as directed. He shall act as parliamentarian at all meetings and advise and assist the presiding officer in matters of parliamentary law. (Ord. No. 5-73 § 1.10, 3 Apr 1973). .Sec. 271.12 Sergeant -At -Arms. The Chief of Police, or such other city official or employee as the Chief of Police may designate, shall be the Sergeant -at -Arms of the Council Meeting. The Sergeant -at -Arms shall carry out all orders and instructions given by the presiding officer for the purpose of maintaining order and decorum at the meeting. (Ord. No. 5-73 § 1.12 3 Apr 1973). Sec. 271.13 Call to Order; Quorum; Roll Call. (A) The presiding officer shall take the chair at the hour appointed for the meeting and shall immediately call the Council to order. In the absence of the Mayor and the Mayor Pro-tem, any Council member may call § 271.13 COUNCIL PROCEDURES § 271.13 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 members in alphabetical order, And the names of those present shall be entered in the minutes. (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 presiding officer shall relinquish the chair upon the conclusion of the business immediately before the Council. (Ord. No. 5-73 § 1.13, 3 Apr 1973). Sec. 271.14 Minutes. Reading of minutes shall be required prior to adop- tion. The City Clerk shall have available to each member of the Council and to the City Attorney, copies of such minutes at least twenty-four (24) hours preceding the next regular meeting. The minutes of a meeting shall be approved and/or correc- ted by a majority of the members present C.. § 271.13 COUNCIL PROCEDURES §271.15 upon such approval shall become the official minutes. (Ord. No. 35-74 § 1, 7. Jan 1975) . 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 consented 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 thereafter, 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. (D) The presiding officer may move, second and debate from the chair, sub- ject 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, § 271.15• COUNCIL PROCEDURES § 271,15 (E) !Every Council member desiring to speak' for any purpose shall confine himself to the question under debate, avoiding all personalities and indecorous language. A member once recognized shall not be interrupted when speaking unless it be to call him to order br 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 sig- nificantly infomative 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, without 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 remarks or who becomes boister- ous 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. 6 271.15 COUNCIL PROCEDURES § 271.17 (I) The councilman moving the adoption of an ordinance 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 discussion or if called, the motion shall be restated by the presiding officer and each council member in alpha- betical 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 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, a/a/b 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 Sec. 271.15 (G) and (H) shall apply. (Ord. No. 5-73 § 1.17, 3 Apr 1973). § 271.18 COUNCIL PROCEDURES § 271.18 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 June 1975; Ord. No. 15-76 § 3 27 Jul 1976). j /3 301 '11110011* § 301.01 REIMBURSEMENTS § 301.03 CHAPTER 301 REIMBURSEMENTS Sec. 301.01 Travel Expenses. The City will reimburse City Officials and employees for the actual and reasonable expenses incurred at its direction, provided such expenses are appropriate in relation to the purpose of the trip. (Ord. No. 37-64, § 1, 15 Sep. 1964, repealed by Ord. No. 25-74 '§ 1-3, 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. Documentary evi- dence 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 reimbursable. Under certain conditions § 301.03 REIMBURSEMENTS § 301.03 and with the approval of the City Manager, they may be reimbursed. An explanation of the nature of the expense, and the reason for requesting reimbursement should be included on the expense 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. Reimbursement of actual mileage at 14 cents per mile will be made, mileage must be indicated on expense report. (f) Authorization. Authorization for travel on City business must be obtained, in advance, from the department 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 department head, or the City Manager. The advance must be settled within two weeks after the employee returns. § 301.03 REIMBURSEMENT § 301.03 (i) Travel Voucher. (Form D101) is to be used to report all travel ex- penses 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 state- ments. (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 th•e trip made has been submitted to the City Manager. (Ord. No. 25-74;r 3, 3"Sep..1974). § 301.03 REIMBURSEMENT § 301.1 CITY OF CAPE CANAVERAL TRAVEL VOUCHER ITEMIZED STATEMENT OF TRAVELING EXPENSES DEPARTED FROM DATE PLACE ARRIVED AT PLACE AUTO MILEAGE 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 submitted to me. APPROVED: TITLE: ACCOUNT NO. (Form D101) J § 301.03 REIMBURSEMENT § 301.03 CITY OF CAPE CANAVERAL TRAVEL VOUCHER ITEMIZED STATEMENT OF TRAVELING EXPENSES EXPENSES LODGING MEALS MISC. ITEMS. AMOUNT TOTAL AMOUNT, I certify that the above account is just and correct; that the amounts charged for subsistence were actually paid, and the expenses were occasioned by official business, and that I performed the journey with all practicable dispatch, by the shortest route usually traveled. Signature of Traveler Name: Title: Address (Form D101 Type or Print § 301.03 CITY OF CAPE CANAVERAL (FORM D101) § 301.03 TRAVEL VOUCHER ITEMIZED STATEMENT OF TRAVELING EXPENSES pATE DEPARTED FROM PLACE ARRIVED AT PLACE AUTO MILEAGE 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 submitted to me. PPROVED: ITLE: CCOUNT NO I certify that the above account is just and correct; that the amounts charged for subsistence were actually paid, and the expenses were occasioned by official business, and that I performed the journey with all practicable dispatch, by the shortest route usually traveled. Signature -of Traveler Name: Title: Type or Print Address: 1' / § 333.01 LAW ENFORCEMENT PLAN § 333.01 CHAPTER 333 LAW ENFORCEMENT PLAN Repealed by Ordinance No. 4-77, 19 April, 1977. Personell Policy ? Ad Rev [illegible text] § 351.01 PERSONNEL POLICY CHAPTER 351 PERSONNEL POLICY § 351.02 Sec. 351.01 A Personnel Policy is created and adopted as the personnel policy of the City of Cape Canaveral, Florida (Ord. No. 14-75 § 1, 10 Jun 1975). Sec. 351.02 Definitions. Work Day - Hours of work refers to the number of hours an employee is scheduled to work in any twenty-four hour period. Work Week - Work week refers to the number of hours regularly scheduled to be worked during any seven consecutive days, as defined in job description. (Regular work week - 40 hours). Permanent Employee - A permanent employee is one who has satisfactorily completed his period of probation and works full time. Temporary Employee - A temporary employee is one who is employed for an indefinite period of time, but usually not to exceed six months. Part -Time Employee - A part-time employee is an employee who serves in a position requiring no more than 75% nor less than 25% of a normal work week. Overtime Pay - Overtime pay means the compensation made for the work done in excess of the normal work period, § 351.02' PERSONNEL POLICY § 351.03 as established and published by the City Manager. May - The word "may" shall be interpreted as permissive. Shall - The word "shall" shall be interpreted as mandatory. Will - The word "will" shall be inter- preted as mandatory. Nepotism - Nepotism is the employment of relatives. Immediate Family - Immediate family means spouse, children, mother, father, sister, brother, grandmother, grandfather, mother- in-law, father-in-law, and grandchildren. Second Degree of Affinity - Degrees of affinity refer to the relationships exist- ing due to marriage. The secon degree refers to the relationship of a man to his mother-in-law or father-in-law. Third Degree of Consanguinity - Degrees of consanguinity refer to relationships of birth or blood. The third degree of consanguinity refers to a relationship between a person and his nephew, niece, uncle or aunt. (Ord. No. 14-75 § 1, 10 Jun 1975). Sec. 351.03 Authorization. Responsibi- lity and Administration. (A) Authorization - Except for those positions established by the City Charter, Ordinances and/or Resolutions, all § 351.03 PERSONNEL POLICY § 351.03 positions or offices in the City of Cape Canaveral together with rates of pay are created and authorized by the City Manager with approval of the City Council. (B) Res'ponsibility - The City Manager shall be responsible for, but may delegate, the work of administering these policies and procedures including, but not limited, to the precessing of salary adjustments, the determination of proper salary rates within the existing ordinance provisions and the preparation of recommendations and initiation of approved revisions of salary schedules based on changes on cost of living and prevailing rates of pay for comparable positions outside the City service. Any changes in the salary schedule shall be recommended by the City Manager, subject to approval by the City Council. The City Manager, with the assistance of others designated by him, shall develop a program of over- all personnel administration including but not limited to, in-service training, career development and employee and vehicular safety programs. (C) Administration - Department heads will be responsible for effective admin- istration of these policies and procedures within their respective departments. How- ever, routine matters pertaining to enforcement of accomplishment may be delegated. Department heads will also enforce and maintain proper standards of discipline and personal conduct among their employees and are vested with discretionary authority to practice the following suggested forms and sequence § .351.03 ,PERSONNEL POLICY § 351.04 of remedial measures incident to the operat- ing rules of their department. (1) Calling the attention of any employee to any unsatisfactory conduct or performance of duties. (2) Personal reprimand of the employee. (3) Suspension of the employee without pay for an appropriate cause, subject to review and approval by the City Manager. (4) Demotion of employee to a position in a lower classification, subject to review and approval by the City Manager. (5) Dismissal of an employee subject to review and approval by the City Manager. The City Manager shall inform the City Council of the hiring, dismissal or promo- tion of any employee. Department heads shall be directly responsible for furnish- ing activity reports to the City Manager and City Council as directed by the City Council. (Ord. No. 14-75 § 1, 10 Jun 1975). Sec. 351.04 Qualifications. (A) Physical Standards - Except as herein provided, all new employees will be required to satisfactorily undergo a prescribed medical. and physical examination to be made by medical authority designated by the City. The purpose of the examination will be the determination and certification of physical fitness and ability to perform duties of the positions to which appointment is being considered. 3 351.04 PERSONNEL POLICY § 351.05 A physical examination may be required at any time. Physically handicapped persons will be considered for employment in cer- tain positions provided they execute a suitable form acknowledging the pre-exis- tance of their condition and certifying that they have been fully informed re- garding the duties and working conditions of the positions in which they are to be employed. .Medical examinations required by the City will be at the City's expense. (B) Age Requirements - Age limits may be indicated in some job specifications. Where no limits are specified the minimum and maximum ages for initial employment will vary in accordance with the duties and responsibilities of the position, the conditions under which they are to be performed and according to the best judgement of the department head. How- ever, no person under 18 years of age or over 65 years of age will be hired in any full time position. Continued employment after age 65 will be at the discretion of the City Manager and City Council. (Ord. No. 14-75'.5 1, 10 Jun 1975). Sec. 351.05 Restrictions. ti CA) Nepotism - No person related with- in the second degree of affinity or within the third degree by consanguinity to the Mayor, Councilmen, or the City Manager shall be employed in any office position, clerkship or paid service of the City of Cape Canaveral. No person related with- in the second degree of affinity or within• the second degree of affinity or within the third degree by consanguinity to one 5 351.05 PERSONNEL POLICY 5 351.06 another shall be permitted to work in the same department. (Ord. No. 14-75 5 1, 10 Jun 1975). Sec. 351.06 Personnel Policies. (A) Basis of Employment - All employ- ment with the City shall be based on merit, ability and physical and moral fitness as evidenced by: (1) Training and experience as reflected by the application form and other. docu- mentation, certification, registration, etc. as requested. (2) Mental examination or performance test if desired. (3) Pre -employment physical examination. (4) Character and/or credit investiga- tion by the City Manager. .(5) A new employee will be on probation for a period of six (6) months, during which time he may be terminated at the discretion of the City Manager and Department Head. (B) Type of Position. (1) Permanent - These are positions with a required work week equaling or exceeding the full time established work week. These are positions which offer career possibilities and the ultimate likelihobd•of retirement. § 351.06 PERSONNEL POLICY § 351.06 (2) Temporary — These are positions (with a part—time, full—time or an hourly basis) anticipated to be of comparatively short time or definitely limited in duration. (C) Residence — All other qualifi— cations being equal, applicants living inside the corporate limits of the City of Cape Aanaveral may be given prefer— • ence when appointments to positions are being. made. (D) Outside Employment — The City discourages permanent employees engag— ing in outside work for pay. Employees shall be required to submit request for permission to hold outside employment to their Department Head and City Manager for approval. Conflict of interest positions will not be permitted. (E) Standards of Conduct. (1) Employees of the City shall be expected to keep in mind that they are public servants and to conduct themselves accordingly. Every employee should have a deep commitment to serve the City and make every effort to be loyal to the City and its programs. (2) Good citizenship is essential for a good public employee. Each employee should make an effort to practice good citizenship, thereby setting an example for the entire community. 1 § 351.06 PERSONNEL POLICY § 351.06 (3) All employees shall render courteous treatment to the public. The attitude and deportment of a City employee should at all times be such as to promote the good will and favorable attitude of the public toward the City Administration and its programs. (F) Promotions - Insofar as may be consistent with the interest of the City, vacancies in job classifications may be filled by promotion of qualified employees in lower classifications. (G) Authority for Absence - No employee shall be absent from his regular scheduled duties except by authority of his Depart- ment Head or responsible supervisor. Employees absent due to reasons beyond their control will be responsible for explaining their absence to the Department Head or other responsible authority as soon as possible after the beginning of their assigned shift or regular schedule of duties. Except in cases of leaves incident to vaca- tion or illness all absences for periods in excess of one week must be approved by the City Manager. (H) Disciplinary Suspensions - Under justifiable circumstances, the City Manager or.a Department Head, subject to review and approval by the City Manager, may sus- pend an employee without pay for a period not in. excess of 60 days. The City of Cape Canaveral has no desire to enforce unreasonable or harsh disciplinary measures, but recognizes the necessity of discipline in any well managed organization. Employees should be made aware of the seriousness of f § 351.06 PERSONNEL POLICY § 351.06 violating regulations, or taking actions that will necessitate disciplinary action which may range from a written reprimand up to 60 days suspension without pay, or even discharge. Employees should under- stnnd that disciplinary actions become a permanent written record in their per- sonnel file, and may be considered during times when an increase in pay or advance- ment is to be determined. In the event disciplinary action is taken against an employee, any offense of a similar nature occurring within 3 years will constitute grounds for dismissal. An employee char- ged with a violation of law may be sus- pended without pay until the charge is dismissed, or until a decision settling the case is rendered. A verdict of not guilty or dismissal of charges will make the suspended employee eligible for reinstatement upon such terms and condi- tions as may be specified and approved by the City Manager. Disciplinary action taken in accordance with this Section shall be final unless an appeal by the employee is taken in'accordance with Chapter 361. (I) Specific Grounds for Dismissal - Any of the following acts of conduct on the part of an employee will constitute grounds for prompt dismissal by the Department Head and City Manager: (1) Conviction of a felony charge. (2) Repeated convictions of misdemeanor charges, City ordinances, or civil infractions. § 351.06 PERSONNEL POLICY § 351.06 (3) Use of intoxicants while on duty, or reporting for scheduled duty under the influence of alcohol. (4) Flagrant or persistent insubordi- nation. (5) The unauthorized use or possession of narcotics* or other dangerous drugs (narcotics* shall be defined as set forth in Chapter 893 of the Florida Statutes, most current edition). (6) Inciting or engaging in strikes or riots. • (7) Misappropriation or unauthorized use of City equipment, tools, machines, funds, etc. (8) Incompetence or repeated neglect of'duty. (9) Repeated failure or neglect to meet credit obligations. (10) Unauthorized absence from duty without satisfactory explanation. (11) Falsifying employment application or any City Records. (12) Repeated violations of standards of employee conduct as described in Section 351.06, § E. (J) Re -Employment of Dismissed Persons Persons who have been dismissed from the municipal service will not be considered for re-employment except under extenuat- ing circumstances. § 351.06 PERSONNEL POLICY § 351.06 (K) Termination of Employment - (1) In order to resign in good standing, employees in permanent positions should give at least two weeks notice of their intentions. In event of failing to observe this requirement, the department head will have the discretionary authority to terminate employment the date the employee's intent to resign is received. All terminated employees will be required to surrender and return to their department or other proper source all records and property' of the City of Cape Canaveral which may be in their possession or custody. (2) Requests for immediate payment of accrued wages and other benefits will be honored in cases where employees are being dismissed on short notice. Otherwise department heads should not submit supplemental payrolls unless approval for doing so has been obtained from the City Manager and City Treasurer. (L) Complaints and Grievances - It shall be the general policy of the City to anticipate and avoid occurences of valid complaints or grievances, and to deal promptly with any which may arise. Except where there is an accep- table reason for not doing so, all matters of this nature will be handled and transmitted through supervisors in the following order: § 351.06 PERSONNEL POLICY § 351,06 (1) Immediate supervisor, (2) Department head. (3) City Manager. Each of the above officers will discuss all relevant circumstances with the person or persons immediately concerned, notify • the City Manager, and endeavor to adjust the matter to the extent of his authority, on a basis satisfactory to all parties concerned, and subject to review and approval by the City Manager. If unable to effect a satisfactory adjustment of a particular problem or question, each of the above officers will in turn submit the problem to the next authority indi- cated, together with a written report setting forth such information and recommendations as he may consider per- tinent. If and when such matters are referred to the City Manager, he will make such further investigation as he may con- sider necessary, following which he may either render a personal decision or review his decision with the City Council, either of which actions should be final and binding upon all parties concerned, unless a further appeal by the employee is taken in accordance with Chapter 361. (M) Impartial Action - No department head or other official or employee whose duties involve the approval or making of recommendations relative to the qualifi- cations of candidates for employment or promotion, or in connection with discipli- nary action against• employees, shall permit their recommendations or decisions § 351.06 PERSONNEL POLICY § 351.07 to be unduly influenced by hearsay information, or by the personal prejudice of either themselves or other persons. • (N) Request for Personnel - When departments submit requests to the City Manager or his authorized representative for persons to fill vacancies such requests shall include the title of the position and appropriate job description. To enable the City Manager to satisfac- torily find the personnel being sought by the department, requests for personnel should be made reasonably far in advance of actual need when circumstances permit. (0) . Employee Evaluations - The department head shall conduct an evaluation of all employees in his depart- ment.' This evaluation shall be conducted twice each year, between June 1 and June 15, and between December 1 and December 15, on the City Evaluation Form. Upon completion, the department head shall furnish a copy of the evaluation report form to the employee and to the City Manager. The original report form shall be forwarded to'the City Clerk for inclusion in the employee's personnel record. (Ord. No. 14-75 § 1, 10 Jun 1975). Sec. 351.07 Compensation. (A Salary and Advancement - (1) Entrance Salary Rates - Upon initial appointment to any position the salary shall be at the entrance § 351.07 PERSONNEL POLICY § 351.07 or first step rate, except as other- wise provided herein, and advancement from the entrance rate to the maximum rate within a salary range shall be by successive steps. The City Manager may. approve in initial compensation at higher steps in the appropriate salary schedule when experience, skill, train- ing, or temporary conditions of the labor market justify the action, (2) Salary Rates After Separation - When an employee returns to duty in the same class or position after separation from service with the City of not more' than ninety (90) days, he may, at the discretion of the department head, receive the rate in the salary schedule corresponding to the step rate received at the time of his separation and may be paid such a rate for at least the length of time normally required for advance- ment to the next higher step. Any employee separated from employment with the City for more than ninety (90) days will be subject to the terms in Section 351.07, § A (1), (3) Rate of Pay on Promotion - In any case where an employee is promoted to a position or a class with a higher salary schedule, the entrance rate shall be at the lowest step in the higher salary schedule that will provide an increase over the salary received immediately prior to such promotion. Subsequent advancement to higher steps. in the new grade shall be on the same basis as described in Section 351.07. § A (4) . /1 § 351.07 PERSONNEL POLICY § 351.07 (4) Merit. Advancement Within a Salary Schedule - Progression from a step within a salary schedule to the next succeeding step shall be based on merit. The determination of merit being ascertained by the department head from periodic evalu- ation of the employee's performance and submitted to the City Manager for approval or disapproval. Only in rare cases shall a merit increase be given prior to the elapsed time as provided by Section 351.07, § A (5). (5) Intervals in Salary Schedule - The minimum periods of service required prior to advancement to the next higher step within salary grades are based on the following: (a) The minimum period of service required for the first salary advancement after appoint- ment' to a position shall be six (6) months. This period of ser- vice shall be known as the pro- bationary term of employment. (b) The minimum period of service required for advancement into the next higher salary step within grade shall be after an employment period of twelve (12) months and annually thereafter until the employee reaches the top of his salary schedule. The City Manager may approve advance- ment into the next higher salary step, prior to completion of the annual period, at the City Manager s discretion. § 351.07 PERSONNEL POLICY § 351.07 (B) Wages, Hours, Etc. (1) Wages, salaries and working schedules•for various positions shall be in accordance with the provisions of the official pay plan, including amendments, and within the limitations of the financial provisions of each department as approved by the City Council for each fiscal year. (2) Overtime work will be performed only on authorization of the department head, with the approval by the City Manager, to the extent necessary to meet essential operating requirements. Compensation for authorized overtime work will be provided in the budget or as otherwise approved by the department head and City Manager. (3) When employees in positions for which extra overtime pay is authorized are required to work in excess of the normal work period as defined in the Fair Labor Standards Act, such overtime work will be indicated on the payrolls under the date on which it was performed and will be compensated as provided in said Act. (4) Department heads and other admin- istrative, supervisory, and professional personnel are expected to work the number of hours necessary to properly perform the duties assigned. The salaries for such groups are determined and established in accordance with this assumption. § 351.07 PERSONNEL POLICY § 351.08 (5) Part-time employees shall be paid on an hourly rate as shown in the salary schedule for the position. (C) Call Back Pay - When the City requires an employee to work for duty not on their regularly assigned shift, the City shall compensate the employee at a rate of time and one-half of the regular pay, but not less than two (2) hours. . (D) Holiday Work Pay - When an employee is scheduled to work on a holiday, the City shall pay the employee straight time in addition to his regular pay. (E) Jury Duty Pay - Employees called for jury duty during their normal work hours shall be paid eight (8) hours pay at regular time, less the sum received as juror's pay. The employee shall fur- nish to the City evidence showing the performance of and compensation for jury duty. The mileage payment shall not be included when calculating jury duty compensation for the purpose of jury duty pay. In the event the employee is excused or otherwise released from jury duty prior to the completion of his normal City work schedule, the employee shall return to his assigned duties. (Ord. No: 14-75 § 1, 10 Jun 1975). Sec. 351.08 Employee Benefits. (A) Group Hospitalization and Life Insurance - Each employee of the City will be provided with group hospital- ization insurance coverage at no cost to the employee, or at such cost to the /7 § 351,08' PERSONNEL POLICY § 351.08 employee as may be determined by City Coun- cil. Life insurance coverage on employees only and group hospitalization insurance on employees' dependents are available at the expense of the employee. (B) Vacations (1) Employees shall accrue paid vaca- tions at the rate of 10 days or more yearly (annual leave) according to the following schedule: Length of Service Less than six months Beginning of 7th month to end of first year Beginning of 2nd year to end of 5th year Beginning of 6th year to end of 14th year Accrual Rate 10/12 day per month 10/12 day per month 10/12 day per month Vacation Eligibility None Amount of accrual in account 10 work days 1 1/4 days 15 work per month days Beginning with 1 2/3 days 20 work 15th year per month days (2) Dates of vacation periods for the required number of vacations will be selected by the department heads and /d 5 351.08 PERSONNEL POLICY $ 351.08 shall consider the man —power needs to achieve its mission. Priority shall be given on the basis of seniority. The department head will make every effort to meet the desires of the employees and will give priority in. scheduling vacation requests based upon date of employment with the City. (3) Upon termination of employment, the employee shall be entitled to compensation for any earned but unused vacation in his vacation account at the time of his termi— nation except voluntary resignation without proper notice. Proper notice shall mean at least two weeks notice in writing of the employee's intent to resign. This Section does not apply to employees having less than six months service. (4) Vacation will not be used by employee in less than eight hour increments. (5) Vacation shall be taken by the employee in each calendar year and shall not be accrued beyond six months of the next calendar year. (C) Holidays. (1) The following shall be recognized City Holidays: New Year's Day Washington's Birthday Memorial Day Independence Day § 351.08 PERSONNEL POLICY § 351.08 Labor Day Thanksgiving Day Friday after Thanksgiving Christmas, Day (2) Any additional day proclaimed as a holiday by the City. (D) Leave - (1) Sick Leave - The City shall grant seven (7) days of sick leave for each year of continuous service. Such leave may be used after a six month period. (2) The unused part of the annual sick leave shall be accumulated up to 400 hours in a Sick Leave Bank to be used after current sick leave is exhausted. Upon termination, except for voluntary resignation without proper notice, employees shall be paid for 50% of unused accumulated sick leave. (3) Bereavement Leave - Bereavement leave shall be granted with •pay for not to exceed three (3) days for attendance at a funeral in the immediate family. The City will require the employee to submit information on a form provided by the City as to the death before reim- .bursement is made. (4) Emergency Leave - 'For critical illnesses in the immediate family, employees will be entitled to three days off per year chargeable as sick leave from the employee's accrued sick leave. Critical illnesses shall be those in which the continuation of life § 351.08 PERSONNEL POLICY § 351.08 of the patient is in question. If sufficient time is not available in the accrued sick leave, the leave may be charged to the current vaca- tion leave, if available. Proof of the nature of the critical illness may be required by the City. (5) When employees are absent from work for three or more consecutive work days, then they shall provide a medical excuse to the City. If an employee is absent due to illness the day preceding or the day after a holiday, then the City may request a medical excuse by a licensed. physician. If medical excuses are not furnished, the City may elect to charge the employee with leave without pay. (6) When an employee is excused from work due to illness by the department head•, then the employee shall be charged for each hour from his accumulated sick leave. (7) An employee who is a member of the National Guard or the Mili- tary Reserve Forces of the United States and who is ordered by the .appropriate authorities in com- pliance with Federal Law to attend the prescribed training program or to perform other duties, shall be granted a leave of absence without pay. (8) The City Manager may grant conference leave with pay, in order § 351.08 PERSONNEL POLICY § 351.09 that employees may attend conferences, schools or similar events designed to improve their knowledge and efficiency, if considered to be in the best interest of the City. The City Manager, City Clerk and City Treasurer and Department Heads may be granted such conference leave with pay, upon approval from the City Council. (9) Special Leave - The City Manager may authorize special leave without pay to any employee. Such leave, if granted, shall not exceed six months. Leaves of absence without pay for any • period of time greater than six months must be approved by the City Council. (Ord. No..14-75 § 1, 10 Jun 1975). Sec. 351.09 Personnel Records. (A) Accounting Responsibilities (1) Each department head will be responsible for maintaining records regarding time worked by their employ- ees and all absences of their employees. Such record shall constitute the basis for preparation of departmental payrolls and shall be forwarded to the City Clerk's office by the end of each pay- roll period. Department heads must necessarily keep a close check on attendance records for payrolls, in order to insure that payroll expendi- tures stay within budgetary limits. (2) The Department Head should require all supervisors to notify all employees of the importance of keeping their § 351.09 PERSONNEL POLICY personnel record current. The depart- ment secretary should send a change of status form to the personnel file listing any change of employee status as follows: • (a) Change of address (even if temporary). (b) Change of telephone number or nearest telephone number. (c) § 351.09 Change of life insurance beneficiary. (d) Number of dependents. (e) Change in marital status. (f) 0r of any change, not pre- viously reported, of status that was originally given at time of employment. Reporting changes of status is a responsibility of the employee, and failure to keep personnel records up to date may result in incorrect federal income tax withheld, in- correct life insurance beneficiary, and loss of other employee benefits. The City requires current telephone numbers and addresses in cases of required work call outs, and national or weather emergency call outs. (3) The City Manager is responsible for compliance by all department heads with the requirements and § 351.09 • PERSONNEL POLICY § 351.10 policies established by the official salary plan and job classification plan, as well as departmental conform- ity with the established policies and rules governing vacation, sick leave, leave of absence, etc. The City Clerk will maintain permanent personnel records for each employee, and notify the City Manager accordingly. (B) Individual Personnel File - An individual personnel file shall be established for each employee of the City upon appointment and shall be maintained throughout the period of employment with the City. Each employee's individual personnel file shall include, but not be limited to, an application for employment, a resume if applicable, periodic evalua- tion reports, a record of disciplinary action, if any, a record of initial salary and subsequent changes and a perpetual record of accrued vacation leave and sick leave. (Ord. No. 14-75 § 1, 10 Jun 1975). Sec. 351.10 Use of City Property. (A) General Policy - The City attempts to provide each employee with adequate tools, equipment, and vehicles for the job being performed, and expects each employee to observe safe.work practices and safe and courteous operation of vehicles and equipment in compliance with all municipal, county and state vehicular regulations. (B) Valid Driver's License - § 351.10 PERSONNEL POLICY § 351.10 All persons operating City vehicles and equipment are required to have a valid State of Florida Operator's or Chauffeur's license and to keep supervisors informed of any change of status in their license. Suspen- sion or revocation of the driver's license of an employee who is assigned as a vehicle or equipment operator, may result in a demotion or discharge. Employees assigned City vehicles may, if liability is established, be responsible for all damages to City vehicles involving $100.00 or less. (C) Use of Tools, Equipment, Property and Vehicles - Employees who are assigned tools or equipment or vehicles by their department are responsible for them and their proper use and maintenance. No personal use nor any unauthorized use of any City property, materials, supplies, tools, equipment of vehicles is permitted. Violations may result in discharge and possible prosecution. (Ord. No. 14-75 § 1, 10 Jun 1975). g 2 1 § 361.01 ADMINISTRATIVE REVIEW § 361.02 CHAPTER 361 ADMINISTRATIVE REVIEW Sec. 361.01 Administrative Review• Judge Established; Jurisdiction; Authority. There is hereby established and Administra— tive Review Judge which upon proper appli— cation shall hear complaints and grievan- ces and review supervisory decisions adverse to any permanent employees of the City of Cape Canaveral. His jurisdiction shall be limited to (a) complaints or grievances concerning a discriminatory action by supervisory personnel, (b) review of disciplinary action by supervisory personnel, (c) review of dismissal action by supervisory personnel or in the case of the City Clerk,City Treasurer or City Manager by the City Council. He shall have the authority to compel attendance of witnesses, to make findings of fact, and to direct appropriate relief. (Ord. No. 24-73 § 1, 17 Jul 1973). Sec. 361.02 Qualifications; Appoint— ment; Compensation. (a) The Administrative Review Judge shall be an attorney and shall not have any direct or indirect association with any official or employee of the City of Cape Canaveral. (b) He shall be chosen by the com— plainant from a selected pool of five chosen by the City Council, each of whom shall meet the qualifications of sub —section (a)•above. § 361.02 ADMINISTRATIVE REVIEW § 361.03 (c) He shall receive hourly compan- sation for his services. (0rd. No. 24-73 § 2, 17 Jul 1973). Sec. 361.03 Procedure; Hearings: Records; 'Supervisory Councel. (a) The Administrative Review Judge shall prepare rules of procedure necessary to the conduct of his business. These rules shall include the following: (1) The right of the complanant to compel in advance of the hearing sufficiently detailed information concerning the reasons for the adverse supervisory action so as to allow the complainant to prepare his case (2) The right of any parties to be represented by counsel. (3) The right of any party to have the judge compel witnesses on either party's behalf. (4) The right to have a speedy hearing, findings, and relief. Said hearing shall be held no later than 15 days after the request for said hearing. (b) The judge shall hold hearings at City Hall upon the filing of proper appli- cation with the City Clerk invoking his jurisdiction. He shall, however, have the power to dismiss without hearing any clearly frivolous and unmeritorious causes. (c) At the discretion of the City Council, counsel will be afforded super- visory personnel who are defendants in such action. (d) There shall be written minutes of all hearings which shall be retained in the custody of the City Clerk. (0rd. No. 24-73 §§ 1, 2, 3, 17 Jul 1973). ' 1•' *.4 •-• . • • \4 • • s.) • Emir § 535.01 SEWER CONNECTION ASSES. § 535.01 CHAPTER 535 ;SEWER CONNECTION ASSESSMENT Sec. 535.01 Sewer Connection Assess- ment Established. There shall be paid an assessment to defray the cost and expense of transmission and treatment of sewage and related systems and for necessary equipment, repairs, replacement and additions and for any new sewer plant expansion for the City of Cape Canaveral, Florida sewer system on all new construc- tion *and all structures initially connecting to the City sewer system in the City, as follows: Each single family dwelling unit $400 Each residential unit of a multiple family unit, duplex, triplex, and/or apartment unit 300 Each condominium unit 300 Each mobile park space 300 Each campground park space 50 Each hotel or motel room 125 Each seat in restaurant without lounge 20 Each seat in lounge and bar 10 Each washing machine located in a laundromat 300 Other commercial units will be based on units of 200 gallons of water per day at $300 per unit, as determined by the Building Official. **It is the intent of this ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built. (Ord. No. 16-78 § 1, 3 Oct. 1978). § 535.02 SEWER CONNECTION ASSESS. § 535.02 Sec. 535.02 Payment of Assessments. The assessments as set forth herein shall be payable prior to issuance of a sewer permit and building permit. In the event the assessment should not be collected prior to connection to the City sewer system and said assessment is not paid in full by the thirtieth day following that for which a billing has been rendered, then an amount equal to 5% of such assessment due shall be added thereto as a late charge. Upon failure of any user to pay for said assessment within sixty days from being billed, the City shall shut off or cause to be shut off the connection of such user and shall not furnish him or permit him to receive from the system further service until all obligations owed by him to the City on account of the services shall have been paid in full. If such sewer service is shut off as aforesaid, then before such service shall be restored the user thereof shall pay a reinstatement fee in the amount of $75.00 in addition to any other assessments and charges due. In addition, and as an alternative means of collecting such assessment, late charges and penalties, the City shall have a lien on such lot or parcel of land for which the sewer connection has been made, for which such lien shall be of equal dignity, with the lien of state and county and municipal taxes. Such lien may be.fore- closed by the City in the same manner provided by the laws of Florida for the foreclosure of mortgages upon real estate. (Ord. No. 4-75 §.2, 11 Mar 1975). § 5351.02 SEWER CONNECTION ASSESS. § 535.03 • Sec. 535.03 Issuance of Certificate of License. No certificate or occupancy or City license shall be issued until the assessment as herein set forth has been paid in full. (Ord. No. 10-73, § 1-3, 3 Apr. 1973). A § 547.01 BLDG. PERMIT FEES § 547.01 CHAPTER 547 BUILDING PERMIT FEES Sec. 547.01 Building Permit Fee Schedule. The City of Cape Canaveral, Florida, does hereby establish as its schedule for building permits on all construction in the City of Cape Canaveral, Florida, the following fee schedule. (A) Building and Miscellaneous: On all buildings, structures or alter— ations requiring a building permit, a fee shall be paid as required at the time of filing application, as follows: (1) Alterations, remodeling, repairs and moving, in pro— portion to area of building and extent of inspection required, provided the fee shall not exceed one—half of the regular fee for new construction of like classification per $1,000.00 valuation $5.00 Minimum Fee 5.00 (2) Moving of Building *50.00 (3) Demolition *25.00 (4) BUILDING PERMIT FEES SCHEDULE Fee Total Valuation $100.00 and less No fee, unless inspec— tion required, in which case a $5.00 fee for each inspec— tion shall be charged. *Fee Change Ord. 1-76, § 1, 24 Feb. 1976. § 547.01 BLDG. PERMIT FEES § 547.01 $101.00 to $2,000.00 $2,001.00 to $15,000.00 $15,001.00 to $50,000.00 $50,001.00 to $100,000.00 $100,001.00 to $500,000.00 $5.00 per thousand or fraction thereof. $10.00 for the first $2,000.00 plus $3.00 for each additional thousand or fraction thereof, to and includ- ing $15,000.00. $49.00 for the first $15,000.00 plus $2.50 for each additional thousand or fraction thereof, to and includ- ing $50,000.00. $136.50 for the first $50,000.00 plus $2.00 for each additional thousand or fraction thereof, to and includ- ing $100,000.00. $236.50 for the first $100,000.00 plus $1.25 for each additional thousand or fraction thereof, to and includ- ing $500,000.00 $500,001.00 and up $736.50 for the first $500,000.00 plus $.75 for each additional thousand or fraction thereof..•(0rd. No. 1-76, §1, 24 Feb 1976). § 547.01 BLDG, PERMIT FEES § 547,01,. 'Total valuation for residential permit fees shall be based on a. value of $20.00 per square foot, for all living areas and $10.00 per square foot for garages, base- ments, carports and enclosed pations or porches. (Ord. No. 12-76 § 1, 8 June 1976). A building permit fee.for commer- cial structures shall be based upon the owner's declared value,. as approved by the Building Official. (Ord. No. 1-76 §1, 24 Feb 1976). (5) Signs, per $1,000 valuation (6) Block Walls and fences, per $1.000.00 valuation (7) Seawall, per $1,000.00 valuation (8) Retaining wall, per $1,000.00 valuation (9) Well (deep or shallow) (10) Certificate of Occu- pancy (replacement or change of use) (11) Portable Signs: 1 -. 3 'days 4 - 7 days 8 - 15 days 16 - 31 days $5.00 5.00 5.00 5.00 5.00 5.00 2.50 5.00 7.50 15.00 All other permits not listed above, per $1,000.00 valuation 5.00 (12) Plan checking fee 25% of the building fee for checking plans of over $5,000.00 valuation. In _ the event said plans are reviewed § 547.01 BLDG. PERMIT FEES § 547.01 by the City Engineer, then the provisions of Chapter 547.01 (D) shall prevail in addition to this plan checking fee. (Ord. No. 1-76 § 1, 24 Feb. 1976, Ord. No. 13-76 § 2, 8 Jun 1976). (B) Plumbing: In addition to any fee or fees charged in subsection (A) above. (1) Minimum permit charge: $5.00 For each plumbing fixture, floor drain or trap (in- cluding water and drainage piping) 1.00 Water closet Lavatory Bathtub Shower Urinal Sink Disposal Unit Dishwasher Washing Machine Laundry Tub Drinking Fountain Sewer Floor Drain Catch basin or sump Grease Trap Service Sink Trailer connec- tion For installation alteration or repair of water piping and/or water treating equipment 3.00 For repair or alteration of drainage or vent piping 3.00 (2) A charge of five dollars shall be made for reinspec- tion of plumbing installa- tion. L• 7 ...! ? 5.00 § 547.01 BLDG. PERMIT FEES § 547.01 (3) Sewer Tap -in Inspection Fee $5.00 (C) Electrical. In addition to any fee, or fees charged in subsection (A) above (1) Minimum electrical permit *5.00 Inspection fee - Residential 3.00 Inspection fee - Com. Bldg. per floor 3.00 Outlets at which current is controlled or consumed for each outlet .10 Each lighting fixture .10 Each outlet controlling window type air condi- tioning .10 Continuous receptacle strip assemblies .10 Each service charge 5.00 Motors or Generators 1 HP thru 10 HP 1.00 Over 3,0 HP 2.00 Sign outlets per cir- cuit .10 Each Heating Appliance Up to 1 kw .50 Over 1 kw but not over 10 kw 1.00 Over 10 kw 2.00 Electrical water heaters .75 Dishwasher, disposal, etc. .75 X-ray 1.00 § 547.01 BLDG. PERMIT FEES Electric ranges, each appliance Dental units Oil burner units or central A/C units Exhaust fans under 1 HP Electric elevators Electric Welders 1 HP thru 10 HP 1.00 Over 10 HP 2.00 Electric signs (incandescent) 2.00 Sign flasher 1.00 Time switch .50 Neon sign each transformer .50 Flood or spotlight, commercial 500 W or more 1.00 § 547.01 .75 2.00 2.00 .25 5.00 Kitchen centers to be computed according to above schedule of fees for outlets and appliances. For the inspection of any elec- trical equipment for which no, fee is set, $5.00 per hour. (2) Reinspection fees. When extra inspection trips are necessary due to wrong address, second call on condemned work, additional work done after inspec tion has been made, or work not ready for inspection when called, a charge of five dollars ($5.00) shall be made for each trip. (Ord. No. 15-73, § 1, 1 May 1973). (D) Where plans and specifications for construction in the City of Cape Canaveral, Florida, are reviewed by the § 547,01 BLDG. PERMIT FEES § 547.02 City Engineer, the actual costs of such review shall be paid by the applicant, whether a building permit is issued or not. The Building Official may require a deposit of estimated cost upon receipt 9f application for building permit. (Ord. No. 10-74, § 1, 7 May 1974), Sec. 547.02 Valuation based on actual construction price. Where construction valuation is required to determine the permit fee, such valuation shall be based upon the actual construction contract price (with satisfactory evidence of same being submitted to the Building Official) or a construction cost estimate made by the . Building Official, Except as otherwise provided in Section 547.01 (A) (4) herein,. (Ord. No, 15-73 § 2, 1 May 1973 a/a/b Ord. No. 1-76, § 1, 24 Feb. 1976), o, § 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 resi- dence, and mailing address of the alleged violator. If the offense involves 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 citation 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 Ea. be detained by the Police Department until he is arraigned before a magis- trate or judge of competent jurisdiction or he is released in accordance with § 603.03, below. (B) In every case where an arrest occurs under § 603.02 ARREST PROCEDURE § 603.04 ' both § 316.028, Fla. Stat. (persons under influence of intoxicating 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 Depart- ment until he is arraigned before a magistrate or judge of competent jurisdiction or he is released in accordance with § 603.03, below. [0rd. No. 1-72, § 1, 1 Feb. 1972] 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 arraignment. (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. [0rd. No. 1-72, § 1, 1 Feb. 1972] [r"• 604 5 60441 UNLAWFUL CONSUMPTION OF ALCOHOLIC BEVERAGE CHAPTER 604 UNLAWFUL CONSUMPTION OF ALCOHOLIC BEVERAGE 4 604.02 Sec. 604.01 Prohibiting Consumption' or Possession of Alcoholic Beverage. It shall be unlawful for any person to drink, consume, or possess an open con- tainer of alcoholic 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, pro- vided, however, 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, con- sume, or possess an open container of alcoholic beverage, is defined in Chap- ter 561, Florida Statutes, within the confines of any public park, public recreational area, public recreational facility, or public ball park within the City of Cape Canaveral, Florida, excluding the ocean beach. (Ord. No. 13-75 §1, 13 May 1975). The City Manager may waive the pro- __ hibitions of this Section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing contained herein shall be deemed to waive § 604.02 UNLAWFULCONSUMPTION § 604.03 OF ALCOHOLIC BEVERAGE any provisions of the Florida law regu- lating alcoholic beverages. (Ord. No. 9-77 § 1, 17 May 1977). Sec. 604.03 Penalty. Any person con- victed of a violation of this Ordinance by a court of competent jurisdiction shall be punished by a fine not to exceed One Hundred dollars ($100.00), or by both such fine and imprisonment. (Ord. No. 13-75 § 2, 13 May 1975). § 605.01 CIVIL EMERGENCY CHAPTER 605 CIVIL EMERGENCY Sec. 605.01 Definitions. Civil Emergency is hereby defined to be: (1) § 605.02 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, earthquake 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 extent 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 designated 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 § 605.02 CIVIL EMERGENCY § 605.04 councilman, alcivil emergency as defined herein is deemed to exist, he shall forthwith proclaim in writing the existence of same. [Ord. No. 8-69, § 2, 21 Oct. 1969] Sec. 605.03 Powers when a Civil Emergency Exists. After proclamation of civil emergency, as described in §§ 605.01, 605,02, the person declaring the civil emergency may order a general curfew applicable to such geographical areas of the City or to the City as a whole, as he deems advisable, and applicable during such hours of the day or night as he may deem necessary in the interest of the public safety and welfare. The person proclaiming a civil emergency is also empowered to close the stores or places of busi- ness and make such other temporary orders for the preservation of the peace or protection of life or property as he may deem necessary and such order shall have the force and effect of law. [Ord. No. 8-69, § 3, 21 Oct. 1969] Sec. 605.04 Violations of Orders Punishable. Any person violating the provisions of this Chapter or executive order issued pursuant hereto or any person who wilfully 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 enforcement of such executive order shall be punished as provided in § 801.01. [Ord. No. 8-69, § 4, 21 Oct. 1969] . 5 607.01 'UNLAWFUL ESCAPE 1 607.02 CHAPTER 607 UNLAWFUL ESCAPE. 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. [0rd. No. 23-71, § 1, 4 Jan. 1972] Sec. 607.02 Penalty. Any person violating any provision of this Chapter shall be punished as provided in § 801.01. [0rd. No. 23-71, § 2, 4 Jan. 1972] • . , • :•.-.C) P.0 -2. f: § 60901 CURFEW FOR MINORS CHAPTER 609 CURFEW FOR MINORS § 609.02 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 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, § 1, 3 Mar. 1966, rep. by 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, § 609.02 CURFEW FOR MINORS § 609.03 public streets, highways, roads, alleys, parks, playgrounds 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 6:00 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 when the minor is accompanied by his or her parent, guar- dian 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 per- son 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, rep. by 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 beaches, public streets, high- ways, roads, alleys, parks, playgrounds or other public grounds, public places and public buildings, places of amuse- ment 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 t9.me, 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 accom- panied by his or her parent, guardian or • } § 609.03 CURFEW FOR MINORS § 609.04 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, § 3, 15 Mar. 1966, rep. by. Ord. No. 30-74, § 3, 5 Nov. 1974). 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, rep. by Ord. No. 30-74, § 4, 5 Novo 1974). § 609.05 CURFEW FOR MINORS § 609.06 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 cus- tody 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 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 rep. by 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 Services 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, rep. by Ord. No. 30-74, § 6, 5 Nov. 1974). § 609.07CURFEW FOR MINORS § 609.07 Sec. 609.07 Invalidity or Unconstitu- tionality 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 unconstitutional by any Court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof. (Ord. No. 30-74, § 8, 5 Nov. 1974). 1 § 610.01 1DISPOSITION OF ABANDONED, § 610.02• FOUND OR VALIDLY SIEZED PROPERTY CHAPTER 610 'DISPOSITION OF ABANDONED, FOUND OR VALIDLY SIEZED PROPERTY Sec. 610.01 Purpose. The purpose of this ordinance provides for the disposal of abandoned, found or validly seized property in the possession of the Cape Canaveral Police Department. (Ord. No. 4-76 § 1, 18 Mar 1976) . Sec. 610.02 Definitions. For the purpose of this Chapter, the following definitions shall apply in the interpre- tation, enforcement and intent of this Chapter. When not inconsistent with the context, words used in the present tense include the future, words in the tense include the future, words in the plural number include the singular and words in the singular number include the plural. The word "shall" is always mandatory and not merely directory: (A) Abandoned Vehicle. Any motor vehicle or bicycle or part thereof to which the last registered owner of record has relinquished all apparent dominion and control, or any motor vehicle or bicycle or part thereof which has been left on public or- pri- vate property for which no arrangement has been made for its removal or storage within an encloded building with the owner or occupant of the pre- mises upon which it is located within a period of thirty (30) days from the § 610.02 DISPOSITION OF ABANDONED, § 610.03 FOUND OR VALIDLY SIEZED PROPERTY date such motor vehicle or bicycle or part thereof wasleft on. said •property. (B) Junked Motor Vehicle. Any motor vehicle or bicycle or part thereof which is in a wreck, partially dismantled, inoperative or worn out condition, which condition is such that the vehicle or part thereof cannot be reasonably repaird. Any motor vehicle no't mobile under its own power and without a currnet Florida License plate or without a current State Highway Patrol Inspection Certificate installed thereon in a proper manner may be classi- fied as a junked motor vehicle. (C) Street or Highway. The entire width between the boundary lines of pub- licly owned or maintained way when any part thereof is open to the use of the public for purposes of vehicular traffic. (Ord. No. 4-76 § 2, 18 Mar 1976). Sec. 610.03 Custodian of Abandoned or Found Property. The Chief of Police of the City of Cape Canaveral Police Depart- ment shall designate the persons in the employ of the Police Department as the enforcement officer or officers in charge of the personal property covered by this ordinance. Said enforcement officer shall have the responsibility for the care, custody and control of all property in a manner approved by the City Treasurer. The Chief of Police shall provide the necessary space for the storage of said property, and shall provide the necessary security for the safekeeping of said property, (Ord. No. 4-76 § 3, 18 Mar. 1976). § 610.04 DISPOSITION OF ABANDONED, § 610.06 .FOUND OR VALIDLY SIEZED PROPERTY Sec. 610.04 Disposition of Abandoned or Found Property. Whenever personal property of any kind, except money, comes into the custody of the Police Department, and the persons entitled to the possession of this property cannot be located and/or fail to claim the property for a period of sixty.(60) days, the City Clerk shall be so notified and may dispose of the said property in accordance with the provisions of this ordinance. (Ord. No. 4-76 § 4, 18 May 1976). Sec. 610.05 Stored or Parked, Junked or Abandoned Motor Vehicles or Parts thereof on Pu;;lic Property Prohibited. It shall be unlawful for any person to park, store or leave junked or abandoned motor vehicles or parts thereof on any street, road, highway, alley, public way, or on any public property within the City of Cape Canaveral, Florida, in excess of twenty-four (24) hours. (Ord. No. 4-76 § 5, 18 May 1976). Sec. 610.06 Notice to Owner or all' Persons Interested in Attached Property Located on Private or Public Property. (A) Whenever it shall appear that a junked or abandoned motor vehicle or part thereof is parked, stored or left upon any private or public property within the City of Cape Canaveral, Florida, for a period in excess of thirty (30) days, the enforcement officer shall place or cause to be placed a written notice upon such motor vehicle or part thereof, in substantially the following form: _ § 610.06 DISPOSITION OF ABANDONED, § 610.06 FOUND OR VALIDLY SIEZED PROPERTY "NOTICE TO OWNER AND ALL PERSONS INTEREE'- TED 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 Ordinance No. 4-76 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 destroyed or sold by order of the City of Cape Canaveral, Florida. Dated: (setting forth date of posting of notice). Signed: (setting forth name, title, address and telephone number of enforcing officer). (B) Such notice shall not be less than eight (8) inches by ten (10) inches and shall be sufficiently weatherproof to withstand normal exposure to the elements - for a period of ten (10) days. In addition to posting, the enforcement officer shall mail, by regular United States mail, a copy of the notice to the owner of the real property upon which the junked or abandoned motor vehicle or part thereof is located, as shown by the latest County Tax Assessor's roll, and a copy of such notice shall be conspicuously posted upon the premises on or before the date of posting of such notice on the motor vehicle or part thereof. (0) If at the end of ten (10) days after posting such notice the owner or person acting on his behalf does not //c § 610.06 ;DISPOSITION OF ABANDONED, § 610.107 FOUND OR VALIDLY SIEZED PROPERTY remove the junked or abandoned motor vehicle or part thereof, and complies with this article, the enforcement officer may cause the motor vehicle or part thereof to be removed. (D) The act of removal, destruction or removal of the written notice as described in section (A) shall be un- lawful and any person committing such act shall be guilty of a misdemeanor and upon conviction thereof shall be punished in accordance with Section 801.01 of the Code of the City of Cape Canaveral, Florida. Such removal, destruction or obliteration of the notice as provided for herein shall not be a defense to non-compliance with any of the provisions of this section. (Ord. No. 4-76 § 6, 18 May 1976). Sec. 610.07 Notice to Owners of Junked or Abandoned Motor Vehicles or Parts thereof, or any other Personal Property. Whenever the enforcement officer causes any motor vehicle or part thereof or any other personal property which is the subject matter of this Ordinance to be removed from public or private property under the provisions of this Ordinance, whether such motor vehicle or part thereof or other property is determined to be junked or abandoned as defined in this Ordinance, he shall thereupon make reasonable effort to notify the owner of such motor vehicle or other pro- perty by certified. mail, of the location thereof and of the right of § 610.07 DISPOSITION OF ABANDONED, § 610.07 FOUND OR VALIDLY SIEZED PROPERTY said owner to secure return of possession of said property, upon costs of removal being paid, and costs of storage, if any. Inquiry by the enforcement officer to the Department of Highway and Motor Vehicles of the State of Florida, whenever possible, shall constitute a good faith reasonable effort to determine the identity and lo- cation of owner of,a motor vehicle or part thereof. The notice provided for herein shall be mailed to the last known registered owner of the motor vehicle or of any other property. If any abandoned motor vehicle or part thereof, or any other personal property is in the custody of the Cape Canaveral Police Department and remains unclaimed and the cost for removal and storage remains unpaid for sixty (60) days from the date of removal or abandonment, such abandoned property shall be sold by the City Clerk at a public sale or may be released to an independent contractor to cover said contractor's cost for removal and storage of the abandoned property. The City Clerk shall publish notice of the public sale in a newspaper of general circulation within Brevard County. Such notice shall be published one time at least seven (7) days prior to the date of such public sale, and shall contain the location and date of public sale and a general description of the abandoned motor vehicle or other personal property to be sold at that public sale, which description shall reasonably describe the property to be sold. From the funds received from § 610.07 DISPOSITION OF ABANDONED, § "FOUND OR VALIDLY SIEZED PROPERTY 610.09 any such sale, there shall be deposited in the general fund of the City of Cape Canaveral an amount to assist in defray- ing expenses of the enforcement of this ordinance, all necessary expenses incurred in connection with the impounding and sale of such abandoned motor vehicles or other personal property, and the balance thereof may be claimed by the rightful owner within thirty (30) days from the date of such sale. The City Clerk shall have the right to refuse to sell the abandoned motor vehicle or other personal property, if the.highest price bid at the public sale is insufficient to cover the costs incurred by the City for removal, storage and administration of such personal property. (Ord. No. 4-76 § 7 18 May. 1976). Sec. 610.08 Entry upon Private Property for Notice or Removal Authorized. The enforcement officer and his designated representatives shall be immune from presecution, civil or criminal, for rea sonable, good faith tresspass upon real "" property while in the discharge of the -- duties imposed by this ordinance. (Ord. --- No. 4-76 § 8, 18 May 1976). " Sec. 610.09 The City Council to Determine Other Methods of Disposition The City Council shall have the right to determine alternate disposition of personal property covered by this or- dinance, in the -event some charitable or public purpose would be served there by, provided all notices required herein' have been complied with. (Ord. No. 4-76- § 9, 18 May 1976). § 610.10 DISPOSITION OF ABANDONED,§ 610.11 FOUND OR VALIDLY SIEZED PROPERTY Sec. 610.10 Reports of Abandoned Property. It shall be the obligation of the Chief of Police to provide the City Clerk with a report of the disposi- tion of all abandoned, junked or found property covered by this ordinance at least once a year. (Ord. No. 4-76 § 10, 18 May 1976) . Sec. 610.11 Penalties for Violation. Any person violating any of the provi- sitions of this article shall be guilty of a misdemeanor, and upon conviction shall be punished in accordance with Sec. 80.1.01 of the City Code of the City of Cape Canaveral, Florida, (Ord. No. 4-76 § 11, 18 May 1976). C - e 1 § 613j01 PLUMBING CODE CHAPTER 613 PLUMBING CODE § 613.02 Sec. 613.01 Plumbing Code Adopted. That for the purpose of establishing rules and regulations for the erection, construction, alteration, repair, moving and demolition of buildings and structures in the City of Cape Canaveral, that certain code known as the Southern Standard Building Code, Part III, Plumbing 1971 Edition with current amendments and all future editions and amend- ments as promulgated by the Southern Building Code Congress of which not less than three copies have been and now are filed in the office of the City Clerk, is hereby adopted as fully as if the same.was herein set forth verbatim. From 18 Apr. 1972, the provisions thereof shall be controlling in the erection, construction, alteration, repair, moving and demolition of buildings and structures within the corporate limits of the City except those amendments to sections or parts of sections set forth below. [0rd. No. 3-72, § 2, 18 Apr. 1972] Sec. 613.02 Plumbing Code Sections Deleted. That the Southern Standard Plumbing Code, known as Part III of the Southern Standard Building Code 1971 Edition with current amendments and all future editions and amendments is amended as follows: • (A) Section 107.1 is amended by the addition of the following paragraph: "The sewer connection permit and the inspection fee hereunder shall be in the amount of $80." (B) Section 107.2(c) shall read as follows: § 613.02 PLUMBING CODE § 613.02 "Reinspection: If the Plumbing Official finds that the work will not pass inspection, the plumber shall be required to make necessary corrections and the work shall then be resubmitted for inspection. Where additional inspections are necessary, there shall be an additional $5.00 for each such inspection." (C) Section 422.1 shall read as follows: "422.1: When a public sewer is not. available within 150 feet of the property line for use, sewage and drainage piping shall be connected to an individual sewage -disposal system found to be adequate and approved by the State Board of Health." (D) Table 505, entitled "Material for Plumbing Installations" appearing in Chapter 5, page 7, of Part III of the Southern Standard Building Code, 1971 Edition, with current amendments and all future editions and amend • - ments, is hereby amended by the deletion of the following named materials, "Asbestos Cement Sewer Pipe, Bituminized Sewer Pipe and Fittings, Bituminized laminated Fiber Pipe, Concrete Reinforced Sewer Pipe, Concrete Sewer Pipe" appearing on lines 1, 2, 4, 14 and 15 of such table as they related to building sewer pipe installations. (E) Table 505, entitled "Material for Plumbing Installationd'as Amended by the 1971 Edition appearing on pages 5-7 through 5-15 inclusive of the said Edition of the Southern Standard Building Code, Part III, 1971 Edition, is hereby amended by the deletion of the following named plastic materials known as: Acetals, Acrylics, Fluorocarbon and Nylon as they relate to building sewer pipe installations. § 613.02 I PLUMBING CODE § 613.02 (F) Appendix "A" of Part III of the Southern Standard Building Code is amended by the deletion of those paragraphs of such Appendix "A", relating to "Fiber Pipe" and "Cement asbestos pipe" as they relate to building sewer pipe installations. (G) Section 602.4 is hereby amended by the addition of a new sentence to be added Co such Section,_to read as follows: "No soldered or sweat joints shall be used under any slab or enclosed in concrete:" (H) Sections 602.11, 602.12 and 603.2 of Part ITT of the Southern Standard Build- ing Code as amended by the 1971 Edition are hereby repealed and deleted. (I) Cleanouts o Cleanouts shall be_not more than 75 feet apart in horizontal drainage lines of 4-inch nominal diameter or less and not more than 100 feet apart for larger pipes. Line cleanouts which may be rodded both ways shall be used whenever possible. (Ord. No. 3-72 § 2(b), 18 Apr. 1972). (J) No extension of time of a permit shall be granted by the Building Official until: (1)Thirty days prior to expiration of the permit. (2) The applicant for said permit has complied with, all of the applicable zoning regulations, building require- ments and other City, County, State or § 613.02 PLUMBING CODE § 613.02 Federal regulations pertinent to said permit, effective, on the date said extension is requested, have been complied with by the applicant. (3) The applicant has paid or made arrangements to pay all fees and charges then applicable to the per- mit in effect on the date said extension is requested. (Ord. No. 3-74 § 1, 5 Feb. 1974) Sec. 613.03 Penalty. Any and all persons who shall violate any of the provisions of said code or shall fail to comply therewith, or who shall violate or fail to comply with any order or regula- tion 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 noncompliance, respectively upon conviction thereof be punished as provided in § 801.01. (Ord. No. 3072 § 3, 18 Apr 1972), i § 617.01 ELECTRIC CODE CHAPTER 617 ELECTRIC CODE § 617.03 Sec. 617.01 Electric Code Adopted. That for the purpose of establishing rules and regulations for the erection, construction, alteration, repair, moving and demolition of buildings and structures in the City of Cape Canaveral, that certain building code known as the National Electric Code, 1971 Edition with current amend- ments and all future editions and amendments as promulgated by the National Fire Protection Association; of which not less than three copies have been and now are filed in the office of the City Clerk, is hereby adopted as fully as if the same was herein set forth verbatim. From 18 Apr. 1972, the provisions thereof shall be controlling in the erection, construction, alteration, repair, moving and demolition of buildings and structures within the corporate limits of the City, except those amendments to sections or parts of sections set forth below. [Ord. No. 3-72, § 2, 18 Apr. .1972] Sec. 617.02 (Reserved)* Sec. 617.03 Penalty. Any persons who shall violate any of t17 e provisions of this Chapter or shall fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed statement or specifi- cations or plans submitted and approved thereunder or any certificate or permit issued thereunder, shall severally for each and every such violation and noncompliance, respectively, be punished as provided in § 801.01. [Ord. No. 3-72, § 3, 18 Apr. 1972) § 619.01 HOUSING CODE Cfi4PTER 619 HOUSING CODE § 619.03 Sec. 619.01 Housing Code Adopted. That certain publication known as the Southern Standard Housing Code, as amended, is hereby adopted as the Standard Housing Code for the City of Cape Canaveral, Florida, except as noted below. A copy of such Southern Standard Housing Code shall be on file in the office of the Building Official of the City during all regular office hours of the Building Official. [Ord. No. 4-67, §§ 1, 2, as amended by 4-67-A, 19 Sept. 1967] Sec. 619.02 Housing Code Amended. Section 106.01 of the Southern Standard Housing Code, as amended, as adopted by the City of Cape Canaveral shall read as follows: The Board of Adjustment for the purpose of the Standard Housing Code of the City of Cape Canaveral, Florida, shall be appointed by a majority vote of the City Council. [Ord. No. 4-67, § 1, as amended by 4-67-A, 19 Sept. 1967] ' Sec. 619.03 Enforcement. The City Building Official is hereby authorized and directed to enforce the provisions of the Southern Standard Housing Code as the Standard Housing Code of the City. [Ord. No. 4-67, § 3, 20 June 1967] 1 § 621. 01 FIRE PREVENT. CODE CHAPTER 621 FIRE PREVENTION CODE § 621.02 Sec. 621.01 Adoption of Fire Preven— tion Codes. There are hereby adopted by the City of Cape Canaveral, Florida for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, those certain codes known as the Fire Prevention Codes recommended by the American Insurance Association, being particularly the 1976 edition thereof and the whole thereof and the Life Safety Code. National Fire Protection Associa— tion No. 101 as amended in the 1976 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended and to include future revisions or amend— ments by the American Insurance Associa— tion and the National Fire Protection • Association, are hereby adopted and in— corporated as full as if set out at length herein and from the date on which this Ordinance shall take effect the provisions thereof shall be controlling within the limits of the City of Cape Canaveral, Florida (Ord. No. 20-77, § 1, 3 Jan. 1978). Sec. 621.02 Definitions. a. Wherever the word "Municipality" is used in the Codes, it shall be held to mean the City of Cape Canaveral, Florida. b. Wherever the term "Corporate Counsel" is used in the Codes, it shall § 621.02 FIRE PREVENT. CODE § 621.04 be held to mean the attorney for the City of Cape Canaveral, Florida. (Ord. No. 20-77 § 1, 3 Jan. 1978). 621.03 Establishment of Limits of Districts. The limits referred to in these codes regarding permitting, estab- lishing, restricting or storage of explo- seves, blasting agents, flammable liquids, in new bulk plants and liquified petroleum shall be set by the Council, and in the.event no limit has been established it shall be deemed prohibited, (Ord. No. 20-77 § 1, 3 Jan. 1978). 621.04 Sprinkler Systems. Sprinkler systems conforming to requirements of National Fire Code, Volume 13, hereinafter referred to as NFPA 13 or Life Safety Code, shall be provided in the following buildings: (A) Buildings exceeding three stories in height and classified as light hazard • occupancy having enclosed corridors shall have an automatic sprinkler system which shall be continuous in all such corridors and stairwells, commencing at the most remote area of the uppermost level and running to the ground floor exits. One sprinkler head shall be connected from the corridor system to the opposite side of any door opening on the corridor or stairwell. (B) Buildings exceeding three stories in height with occupancies classified as ordinary hazard.shall be fully protected throughout with an automatic sprinkler system. 621.04 FIRE PREVENT. CODE § 621.05 (C) A11 buildings with occupancies classified as extra hazard shall be fully protected with an automatic sprinkler system regardless of height or type of construction of the buidings. (D) Nursing (convalescent) homes shall be equipped with automatic sprink- ler and alarm systems regardless of height or type of construction of the building, (E) In the case of mixed occupancies, the most stringent requirements shall be met throughout the building unless the occupancies shall be separated by a fire- proof wall of a time duration satisfactory• to the Fire Chief, that will prevent the spread of flame or smoke from one occupancy to another. (F) Classifications of occupancy shall be defined as set forth in the Southern Standard Building Code. (Ord. No. 12-73 § 1, 1 May 1973). Sec. 621.05 Fire Alarm Systems. (A) Each multi -family residential building of more than three stories shall be provided with a supervised, open - circuit, noncoded fire alarm system designed to provide a local evacuation alarm signal audible to all occupants and to simultaneously notify the central fire station of a fire condition. Manual stations and alarm devices shall be located as required by the latest edition of NFPA 101 (Life Safety Code) § 621.05 FIRE PREVENT. CODE § 621.06 (B) Where sprinkler systems and/or automatic fire detection devices are provided, these systems and devices shall ; be connected to the fire alarm system so that activation of the sprinkler system or any automatic detection device shall automatically activate the fire alarm system. All such connections shall be electrically supervised. (C) Fire alarm systems shall comply with the latest edition of N'PA 72A, (D) Each building fire alarm system shall be properly connected by telephone pair to the central fire reporting equip- ment in the City's central fire station for annunciation of an alarm condition at the building. The costs of the central fire reporting equipment at the fire station together will all costs for the connecting telephone pairs required for the building shall be borne entirely by the owner of the building. (Ord. No. 12-73, § 2, 1 May 1973). Sec. 621.06 Test and Inspection Requirements. (A) All sprinkler and alarm systems shall be checked and tested every twelve months. The Fire Chief or his designated representative shall be notified in advance and shall be present to observe all tests, (B) Tests may be performed by quali- fied insurance company representatives without Fire Department observers, pro- vided that written reports satisfactory to the Fire Department are submitted after each test. § 621.06 FIRE PREVENT. CODE § 621.07 (C) Written reports of the result of all tests shall be maintained by the Fire Department for a period of five (5) years. (Ord; No. 12-73, § 3, 1 May 1973). Sec. 621.07 Application of Sections 621.04 through 621.06. (A) Existing buildings or occupancies may be given a waiver of any or all provi- sions of §§ 621.04 through 621.06 when, in the opinion of the Fire Chief, the install- ation of sprinkler and/or alarm systems would not provide a safer evacuation of the structure. Such waivers shall be in writing, shall state the specific reasons' justifying the waiver and shall have drawings attached if necessary to illus- trate the reason for the waiver. Waivers shall be retained by the Fire Department. and no change of occupancy hazard level or modification to the structure shall be permitted without review of the waiver. (B) Existing buildings that have not been given a waiver of the requirements of this Section shall be required to con- form within the following period of time: Light Hazard Occupancies: within four (4) years from date of this Ordinance; Ordinary Hazard Occupancies: within three (3) years'from date of this Ordi- nance.; Extra Hazard Occupancies: within two (2) years from date of this Ordinance. § 621.07 FIRE PREVENT. CODE § 621.08 (C) §§ 621.04 through 621.06 shall apply to all buildings covered by the requirements of those sections for which building permits have been issued and for which certificates of occupancy have not been issued. (Ord. No. 12-73, § 4, 1 May 1973). Sec. 621.08 Establishment 'and Duties of Bureau of Fire Prevention. (A) The Fire Prevention Code shall be enforced by the Bureau of Fire Prevention in the Fire Department of the City of Cape Canaveral, Florida, which is hereby established and which shall be operated under the supervision of the Fire Marshall. (B) The Fire Marshall in charge of the Bureau of Fire Prevention shall be appointed by the Council of the City of Cape Canaveral, Florida, who shall serve at the pleasure of the Council. (C) The Fire Marshall may detail such members of the Fire Department as inspec- tors as shall from time to time .be nece- ssary. (D) A report of the Bureau of Fire Prevention shall be made annually and transmitted to the City Manager. It shall' contain all proceedings under this code, with such statistics as the Fire Marshall may wish to include therein. The Fire Marshall shall also recommend any amend- ments to the code which, in his judgment, shall be desirable. § 621.09 FIRE PREVENT. CODE § 621.10 Sec. 621.09 Appeals. Whenever the Fire Marshall shall disapprove an appli- cation or refuse to grant a permit applied for, or when it is claimed that the provisions of the code do not apply or that the true intent and meaning of the code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Fire Marshall to the City Council within 30 days from the date of the decision appealed. (Ord. No. 1-69, § 5, 15 Apr. 1969) . Sec. 621.10 Penalties. (A) Any person who shall violate any of the provisions of the code hereby adopted or fail to comply therewith, or .who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed state- ment of specifications or plans submitted and approved thereunder, or any certifi- cate or permit issued thereunder, shall severally for each and every such viola- tion and noncompliance respectively, be punished as provided in § 801.01. The imposition of one penalty for any viola- tion shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten days that prohibited conditions are maintained shall consti- tute a separate offense. (B) The application of the above penalty shall not be held to prevent §621.10 FIRE PREVENT, CODE § 621.10 the enforced removal of prohibited condi- tions, (Ord. No. 1-69, § 6, 15 Apr. 1969). 3 7 •-• (' • ,,;2 -; LI-L § 62401 FLOOD DAMAGE PREVENTION § 624.01 CHAPTER 624 II FLOOD DAMAGE PREVENTION Sec. 624.01 Article 1, Statutory Authorization, Findings of Fact, Purpose and Objectives. (A) Statutory Authorization. The Legislature of the State of Florida, has in Section 166.021, Florida Statutes, delegated the responsibility to local government units to adopt regulation designed to promote the public health, safety, and general welfare of its citizenry. Therefore, the City Council of Cape Canaveral, Florida, does ordain as follows: (B) Findings of Fact. (1) The flood hazard areas of Corporate Limits, City of Cape Canaveral, are subject to periodic inundation which results in loss of life, property, health and safety hazards, disruption of comm- erce and governmental services., extraordinary public expen- ditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety and general welfare. (2) These flood losses are caused by the cumulative effect of § 624.01 FLOOD DAMAGE PREVENTION § 624.01 obstructions in flood plains causing increases in flood heights and velocities, and by the occupancy in flood hazard areas by uses vulnerable to floods or hazardous to other lands which are inadequately elevated, flood -proofed, or otherwise protected from flood damages. (C) Statement of Purpose. It is the purpose of this ordinance to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to: (1) restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion or in flood heights or velocities; (2) require that uses vulnerable to floods, including facilities which serve such uses, be protec- ted against flood damage at the time of initial construction; (3) Control the alteration of natural flood plains, stream channels, and natural protective barriers which are involved in the accommodation of flood waters; (4) control..filling, grading, dredging and other development which may increase erosion or flood damage; and, (5) prevent or regulate the construc- tion of flood barriers which will unnaturally divert flood waters or which may increase flood hazards to other lands. § 624 .01 FLOOD DAMAGE PREVENTION § 624.02 (D) Objectives. The objectives of this ordinance are: (1) to protect human life and health; (2) to minimize expenditure of public money for costly flood control projects; (3) to minimize the•need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public; (4) to minimize prolonged business interruptions; (5) to minimize damage to public facilities and utilities such as water and gas mains, electric, telephone and sewer lines, streets andbridges located in flood plains; (6) to help maintain a stable tax base by providing for the sound use anddevelopment of flood prone areas in such a manner as to minimize future flood blight areas; and, (7) to insure that potential home buyers are notified that proper- ty is in a flood area. (Ord. No. 5-78 § 1, 2 May 1978). Sec. 624.02 Definitions. Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the mean- ing they havein common usage and to give this ordinance its most reasonable application. (A) "Appeal" means a request for a review of the Building Official's § 624.02 FLOOD DAMAGE PREVENTION § 624.02 interpretation of any provision of this ordinance or a request for a variance. (B) "Area of special flood hazard" is the land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year. (C) "Base flood" means the flood having a one percent chance of being equaled or exceeded in.any given year. (D) 1°Breakaway walls" means any type of walls, whether solid or lattice, and whether constructed of concrete, masonry, wood, metal, plastic, or any other suitable building material, which are not part of the structural support of the building and which are so designed as to breakaway, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. (E) "Coastal High Hazara Area" means the area subject to high velocity waters, including, but not limited to, hurricane wave wash or tsunamis. The area is designed on a FIRM as Zone VI-30, (F) "Development" means any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining. dredging, filling, grading, paving, excavation or drilling operations. (G) "Existing mobile home park or mobile home subdivision" means a parcel § 624.02 FLOOD DAMAGE PREVENTION § 624.02 (or contiguous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installa- tion of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) is com- pleted before the effective date of this ordinance. (H) "Expansion to an existing mobile home park or mobile home subdivision" means the preparation of additional sites by the construction of facilities for ser- vicing the lots on which the mobile homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the construction of streets). (I) "Flood" or "flooding" means a general and temporary condition of partial or complete inundation of normally dry land areas from: (1) the overflow of inland or tidal waves; (2) the unusual and rapid accumulation or runoff of surface water from any surface. (J) "Flood Hazard Boundary Map (FHBM)" means an official map of a community, issued by the Federal Insurance Adminis- tration, where the boundaries of the areas of special flood hazard have been designated as Zone A. (K) "Flood Insurance Rate Map (FIRM)" § 624.02 FLOOD DAMAGE PREVENTION §624.02 means an official map of a community, on which the Federal Insurance Administration has delineated both the areas of special flood hazard and the risk premium zones applicable to the community. (L) "Flood Insurance• Study" is the official report provided by the Federal Insurance Administration. The report contains flood profiles, as well as the Flood Hazard Boundary-Floodway Map and the water surface elevation of the base flood. (M) "Habitable floor" means any floor usable for living purposes, which includes working, sleeping, eating, cooking or recreation, or a combination thereof. A floor used only for storage purposes is not a "habitable floor". (N) "Mangrove stand" means an assem- blage of mangrove trees which is mostly low trees noted for a copious development of interlacing adventitious roots above the ground and which contain one or more of the following species: black mangrove (avicennia Nitida); red mangrove (Rhizo- phora Mangle); white mangrove (Languncularia Racemosa); and buttonwood (Conocarpus Erecta). (0) "Mean Sea Level" means the average height of the sea for all stages of the tide. (P) "Mobile Home" means a structure. transportable in one or more sections, which is built. on a permanent chassis and designed to be used with or without a 1 § 624.02 FLOOD DAMAGE PREVENTION § 624.02 permanent foundation when connected to the required utilities. It does not include recreational vehicle or travel trailers. (Q) "New construction" means struc- tures for which the "start of construc- tion" commenced on or after the effective date of this ordinance. (R) "New mobile home park or mobile subdivision" means a parcel (or conti- guous parcels) of land divided into two or more mobile home lots for rent or sale for which the construction of facilities for servicing the lot on which the mobile home is to be affixed (including, at a minimum, the installa- tion of utilities, either final site - grading or the pouring of concrete pads, and the construction of streets) is completed on or after the effective date of this ordinance. (S) "Sand dunes" means naturally occuring accumulations of sand in ridges or mounds landward of the beach. (T) "Start of construction" means the first placement of permanent construc- tion of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets and/or walk- ways; nor does it include excavation for a basement, footings, piers or foundation or the erection of temporary 7 § 624.02 FLOOD DAMAGE PREVENTION § 624.02 forms; nor does it include the installa- tion on the property of accessory build- ings, such as garages or sheds not occu- pied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first perma- nent framing or assembly of the structure or any part thereof on its piling or foun- dation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile parks or mobile home subdivisions, "start of con- struction" is the date on which the con- struction of facilities for servicing the site on which the mobile home is to be affixed (including, at a minimum, the con- struction of streets, either final site grading or the pouring of concrete pads and installation of utilities) is completed. (U) "Structure" means a walled and roofed building that is principally above ground, as well as a mobile home. (V) "Substantial improvement" means, for a structure built prior to the enact- ment of this ordinance, any repair, re- construction, or improvement of a struc- ture, the cost of which equals or exceeds fifty percent of the market value of the structure either (1) before the improvement of repair is started, or (2) if the struc- ture has been damaged and is being restored, before the damage occured. For the pur- poses of this definition "substantial improvement" is considered to occur when § 624.02 FLOOD DAMAGE PREVENTION § 624.03 the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, how- ever, include either (1) any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, (2) any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. (W) "Variance" is a grant of relief to a person from the requirements of this ordinance which permits construction in a manner otherwise prohibited by this ordinance where specific enforcement would result in unnecessary hardship. (Ord. No. 5-78 § 1, 2 May 1978). Sec. 624.03 General Provisions: Lands to Which This Ordinance Applies. (A) This ordinance shall apply to all areas of special flood hazard within the jurisdiction of City of Cape Cana- veral, Florida. (B) B•asis for Establishing The Area of Special Flood Hazard. Maps numbered 1-01 and 1-02, dated May 20, 1977, and any revisions thereto are adopted by reference and declared to be a part of this ordinance; or the areas of special flood hazard identified by the Federal Insurance Administration through a scientific and engineering report 624.03 FLOOD DAMAGE PREVENTION § 624.03 entitled "The Flood Insurance Study for the City of Cape Canaveral", dated March 24, 1971, with accompanying Flood Insur- ance Rate Maps and any revision thereto are hereby adopted by reference and de- clared to be a part of this ordinance. (C) Establishment of Development Permit. A development Permit shall be required in conformance with the provision of this ordinance. (D) Compliance. No structure or land shall hereafter be located, extended, converted, or structurally altered with- out full compliance with the terms of this ordinance and other application regulations. (E) Abrogation and Greater Restrictions. This ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. (F) Interpretation. In the interpre- tation and application of this ordinance all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing body; and (3) deemed neither to limit nor repeal and -other powers granted under state statutes. (G) Warning and Disclaimer of Liability. The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes and is based on /a § 624.03 FLOOD DAMAGE PREVENTION § 624.04 scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This ordinance does not imply that land out- side the areas of special flood hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance shall not create liability on the part of City of Cape Canaveral or by any officer or employee thereof for and flood damages that result from re- liance_on this ordinance or any adminis- trative decision lawfully made there- under. (H) Penalties for Violation. Vio- lation of the provisions of this ordi- nance or failure to comply with any of its requirements, including violation of conditions and safeguards established in connection with grants of variance or special exceptions, shall constitute a misdemeanor. Any person who violates this ordinance or fails to comply with any of its requirements shall, upon conviction thereof, be fined per city code section 801.01 and in addition shall pay all costs and expenses involved in the case. Each day such violation continutes shall be considered a separate offense. Nothing herein contained. shall prevent the City of Cape Canaveral from taking such other lawful action as is necessary to prevent or remedy any violation. (Ord. No. 5-78 § 3, 2 May, 1978). Sec. 624.04 Administration: § 624.04 FLOOD DAMAGE PREVENTION § 624.04 (A) Designation of Administrator. The Building Official is hereby appointed to administer and implement the provisions of this ordinance. (B) Duties and Responsibilities of the Building Official. Duties shall include, but not be limited to: (1) Review all development permits to• assure that the permit requirements of this ordinance have been satis- fied. (2) Advise permittee that additional federal or state permits may be required, and if specific federal or state permits are known, require that copies of such permits be provided and maintained on file with the development permit. (3) Notify adjacent communities and the Florida Department of Environmental Regulations prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administra- tion. (4) Assure that maintenance is provided withing the altered or relocated portion of said watercourse so that the flood carrying capacity is not diminished. (5) Verify and record the actual ele- vation (in relation to mean sea level) of the lowest floor (includ- ing basement) of all new or sub- stantially improved structures. (6) Verify and record the actual ele- vation (in relation to mean sea level) to which the new or sub- § 624.04 FLOOD DAMAGE PREVENTION § 624.04 (7) (8) (9) (10) stantially improved structures have been flood -proofed. In Coastal High Hazard Areas cer- tification shall be obtained from a registered professional engineer or architect that the structure is securely anchored to adequately anchored pilings or columns in order to withstand velocity waters and hurricane wave wash. In Coastal High Hazard Areas, the Building Official shall review plans for the adequacy of break- away walls in accordance with 624.05 B (5) (h). When flood -proofing is utilized for a particular structure, the Building Official shall obtain certification from a registered professional engineer or archi- tect. Where interpretation is needed as to the exact location of the boundaries of the areas of special flood hazard (for example, where there appears to be conflict between a mapped boundary and actual field conditions) the Build- ing Official shall make the necessary interpretation. The person contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in this article. When base flood elevation data has not been provided in accordance with 624.03 B, then the Building Official shall § 624.04 FLOOD DAMAGE PREVENTION §624.04 obtain, review, and reasonably utilize any base flood elevation data available from a federal, state or other source, in order to administer the provisions of 624.05. (12) All records pertaining to the provisions of this ordinance shall be maintained in the office of the Building Official and shall be open for public inspec- tion. (C) Permit Procedures. Application for a Development Permit shall be made to the Building Official on forms furnished by him and may include, but not be limited to, the following plans in duplicate drawn to scale showing the nature, location, dimensions, and elevations of the area in question: existing or proposed struc- tures, fill storage of materials; drainage facilities, and the location of the foregoing. Specifically, the following information is required: (1) Elevation in relation to mean see level of the lowest floor (in- cluding basement of all structures. (2) Elevation in relation to mean sea level to which any non-residential structure has been flood -proofed. (3) Provide a certificate from a regis- tered professional engineer or architect that the non-residential flood -proofed structure meets the flood -proofing criteria in 624.05 5, B (2) . (4) Description of the extent to which any water -course will be altered or relocated as a result of proposed development. § 624104 FLOOD DAMAGE PREVENTION § 624.04 All of the above may be a part of, or attached to, the site development plan per Zoning Ordinance 10-75. (D) Varia•nce Procedures. (1) The Zoning Board of Adjustments as established by City Council shall hear and decide appeals and requests for variances from the requirements of this ordinance. (2) The Zoning Board of Adjustment shall hear and decide appeals when it is alleged there is an error in any requirement, decision, or determination made by the Building Official in the enforcement or administration of this ordinance. (3) Any person aggrieved by the decision of the Zoning Board of Adjustment, or any taxpayer may appeal such decision to the Circuit Court as provided in Ordinance 10-75. (4) Variances may be issued for the reconstruction, rehabilitation or restoration of structures 'listed on the National Register of Historic Places or the State Inventory of Historic Places without regard to the procedures set forth in the remainder of this section. (5) In passing upon such applica- tions, the Zoning Board of Adjustment shall consider all technical evaluations, all relevant factors, standards § 624.04 iL00D DAMAGE PREVENTION § 624.04 specified in other sections of this ordinance, and: (a) the danger that materials may be swept onto other lands to the injury of others; (b) the danger to life and property due to flooding or erosion damage; (c) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner; (d) the importance of the services provided by the proposed facility to the community; (e) the necessity to the facility of a waterfront location, where applicable, (f) the availability of alterna- tive locations, not subject to flooding or erosion damage. for the proposed use; (g) the compatability of the pro- posed use with existing and anticipated development; (h) the relationship of the pro- posed use to the comprehensive plan and flood plain manage- ment program for that area; (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (j) the expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; and & 624.04 FLOOD DAMAGE PREVENTION § 624.04 (k) the costs of providing governmental services during and after flood con- ditions including mainte- nance and repair of public utilities and facilities such as sewer, gas, elec- trical, and water systems, and streets and bridges. (1) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one-half acre or less in size contiguous to and surrounded by lots with existing struc- tures constructed below the base flood level, providing items (a - k) have been fully considered. As the lot size increases beyond the one- half acre, the technical justification required for issuing the variance in- creases. (6) Upon consideration of the factors listed above and the purposes of this ordinance, the Zoning Board of Adjustment may attach such conditions to the granting of variances as it deems necessary to further the purposes of this ordinance. (7) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (8) Conditions for Variances (a) Variances shall only be § 624.04 FLOOD DAMAGE PREVENTION § 624.04 issued upon a determination that the variance is the mini- mum necessary, considering the flood hazard, to afford relief. (b) Variances shall only be issued upon (i) a showing of good and sufficient cause; (ii) a determination that failure to grant the variance would result in exceptional hardship to the applicant; and, (iii) a determination that the granting of a vari- ance will not result in in- creased flood heights, addi- tional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimi- zation of the public, or conflict with existing local laws or ordinances. (c) Any applicant to whom a vari- ance is granted shall be given written notice specifying the difference between the base flood elevation and the ele- vation to which the structure is to be built and stating that the cost of flood insur- ance will be commensurate with the increased risk resulting from the reduced lowest floor elevation. (d) The City Clerk shall maintain the records of all appeal actions and report any vari- ances to the Federal Insurance Administration upon request. (Ord.No. 5-78 § 4, 2 May 1978). § 624.05 FLOOD DAMAGE PREVENTION § 624.05 Sec'. 624.05 Provisions for Flood Hazard Reduction.: (A)J General Standards. In all areas of special flood hazard the following provislions are required: (1) All new construction and substan- tial improvements shall be anchored to prevent flotation, collapse or lateral movement of the structure. (2) All new construction and sub- stantial improvements shall be constructed with materials and utility equipment resistant to flood damage. (3) All new construction or sub- stantial improvements shall be constructed by methods and practices that minimize flood damage. C4) All new and replacement water supply systems shall be designed to minimize or eliminate infil- tration of flood waters into the system. (5) New and replacement sanitary sewage systems shall be de- signed to minimize or eliminate infiltration of flood waters into the system and discharges from the systems into flood waters. (6) On -site waste disposal systems shall be located to avoid im- pairment to them or contamina- tion from them during flooding. § 624.05 FLOOD DAMAGE PREVENTION § 624.05 (7) Any alteration, repair, recon- struction, or improvements to a structure on which the start of construction was begun after the effective date of this ordinance, shall meet the requirements of "new construction" as contained in this ordinance. (B) Specific Standards. In all areas of special flood hazard where base flood elevation data has been provided as set forth in 624.03 B, or 624.04 B (11), the.. following provisions are required: (1) Residential Construction - New construction or substantial im- provement of any residential structure shall have the lowest floor, including basement, elevated to or above base flood elevation. (2) Non-residential Construction - New construction or substantial improve- ment of any commercial, industrial or other non-residential structure shall either have the lowest floor, including basement, elevated to the level of the base flood ele- vation or, together with attendant utility and sanitary facilities, be flood -proofed so that below the base flood level the structure is water tight with walls substantially impermeable to the passage of water and with structural compo- nents having the capability of resisting hydrostatic and hydro- dynamic loads and effects of bouy- ancy. A registered professional § 6241. 05 FLOOD DAMAGE PREVENTION § 624. 05 engineer or architect shall certify that the standards of this subsection are satisfied. Such certification shall be provided to the official as set forth in 624.04 C (3). (3) Mobile Homes. (a) No mobile home shall be placed in a Coastal High Hazard Area, except in an existing mobile home park or existing mobile home subdivision. (b) All mobile homes shall be anchored to resist flota- tion, collapse, or lateral movement by providing over - the -top and frame ties to ground anchors. Specific requirements shall be that: (i) over -the -top ties be provided at each end of the mobile home, with one additional tie per side at an inter- mediate location on mobile homes of less than fifty feet and one additional tie per side for mobile homes of fifty feet or more. (.i) frame -ties be provided at each corner of the home with four addi- tional ties per side at intermediate points for mobile homes less than fifty feet long and one additional tie for mobile homes of fifty feet or longer; § 624.05 FLOOD DAMAGE PREVENTION § 624.05 (iii) all components of the anchoring system be capable of carrying a force of 4,8000 pounds; and, (iv) any additions to the mobile home be similarly anchored. (c) For new mobile home parks and sub- divisions; for expansions to exist- ing mobile home parks and subdivi- sions where the repair, reconstruc- tion or improvement of the streets, utilities and pads equals or exceeds fifty percent of value of the streets, utilities and pads before the repair, reconstruction or im- provement has commenced; and, for mobile homes not placed in a mobile home park or subdivision require: (i) stands or lots are elevated on compacted fill or on pilings so that the lowest floor of the mobile home will be at or above the base flood level; (ii) adequate surface drainage and access for a hauler are pro- vided; and, (iii) in the instance of elevation on pilings; (1) lots are large enough to permit steps; (2) piling foundations are placed in stable soil no more than ten feet apart; and (3) reinforcement is provided for pilings more than six feet above the ground level, § 624:05 FLOOD DAMAGE PREVENTION § 624.05 (4) Coastal High Hazard Areas (V Zones) - Located within the areas of special flood hazard established in 624.03 B, are areas designated as Coastal High Hazard Areas. These areas have special flood hazards associated with high velocity waters from tidal surge and hurricane wave wash, therefore, the following provisions shall apply: (a) All buildings or structures shall be located landward of the reach of the mean high tide dunes line and coastal construction set back line. (b) All buildings or structures shall be elevated so that the lowest supporting mem- ber is located no lower than the base flood eleva- tion level, with all space below the lowest supporting member open so as not to impede the flow of water, except for breakaway walls as provided for in 624.05 B (5) (h). (c) All buildings or structures shall be securely anchored on pilings or columns. (d) Pilings or columns used as structural support shall be designed and anchored so as to withstand all applied loads of the base flood flow, ry 7 § 624.05 FICOD DAMAGE PREVENTION § 624.05 (e) Compliance with provisions contained in 624.05 B (5) (b), (c) and (d) shall be certified to by a registered professional engineer or architect. (f) There shall be no fill used as structural support, (g) There shall be no alteration of sand dunes or mangrove stands which would increase potential flood damage. (h) Breakaway walls shall be allowed below the base flood elevation provided they are not part of the structural support. of the building and are designed so as to break- away, under abnormally high tides or wave action, without damage to the structural integrity of the building on which they are to be used and provided the following design specifications are met: (1) Per certified engineering design. NOTE: Specifications for breakaway walls should be determined in con- sultation with local engineers and architects based on local condi- tions. Standard practice is to use a loading of twenty to thirty pounds per square foot (P.S.F.) as wind load on a vertical panel fac- ing directly into the wind. This load would correspond to a wind speed of about 100 miles per hour and should be the minimum load § 624.05 FLOOD DAMAGE PREVENTION § 624.05 which would cause the panels to break away. The maximum loading which would not cause failure to the superstructure is more diffi— cult to determine but is probab— ly about 50 to 75 pounds p.s.f. Designation of this limit should be based on such factors as material, cross—section, and spacing of pilings or columns upon which the structure sits, the elevation above the ground, and other assumed loadings on the structure. (i) If breakaway walls are utilized, such enclosed space shall not be used for human habitation. (j) Prior to construction, plans for any structure that will have breakaway walls must be submitted to the Build— ing Official for approval. (k) Prohibit the placement of mobile homes, except in an existing mobile home park or existing mobile home sub— division. (1) Any alteration, repair, re— construction or improvement to a structure started after the enactment of this ordinance shall not enclose the space below the lowest floor unless breakaway walls are used as provided for in 624.05 B (5), (h) and (i). (Ord. No. 5-78 § 5, 2 May 1978). § 624.05 FLOOD DAMAGE PREVENTION § 624.05 (D) .Standards For Subdivision Propo— sals. (1) All subdivision• proposals shall be consistent with the need to minimize flood damage. . (2) All sibdivision proposals shall - have public utilities and facili— ties such as sewer, gas, electri- cal and water systems located and constructed to minimize flood damage. (3) All subdivision proposals shall have adequate drainage provided to reduce exposure to flood hazards. (4) Base flood elevation data shall be provided for subdivision proposals and other proposed development which is greater than the lesser of fifty lots or five acres. (Ord. No. 5-78 § 5 , 2 May , 1978) . 26 i § 625.I1 STANDARD EXCAVATION § 625.01 AND GRADING CODE CHAPTER 625 STANDARD EXCAVATION AND GRADING CODE Sec. 625.01 Excavation and Grading Code Adopted. For the purpose of establishing rules and regulations to control excavation, grading and earth- work construction including fills and embankments and establishing the admin- istrative procedure for issuance of permits and providing for approval of plans and inspection of grading con- struction in the City of Cape Cana- veral, Florida, that certain standard excavation and grading code known as the Southern Standard Excavation and Grading Code, 1975 Edition, and all future editions and amendments as promulgated by the Southern Building Code Congress of which not less than three copies have been or are now filed in the office of the City Clerk and hereby adopted as fully as if the same was herein set forth verbatim, except as follows: (A) Section 102 Permits Required. No person shall do any grading without first having .obtained a grading permit from the Building Official except for the following: (1) An excavation below finished grade for basements and footings of a building, retaining wall § 625.01 STANDARD EXCAVATION AND GRADING CODE § 625.02 or other structure authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excava- tion having an unsupported height greater than 5 feet after the completion of such structure. (2) An excavation which (a) is less than 2 feet in depth, or (b) which does not create a cut slope greater than 5 feet in height and steeper than one and one-half horizontal to one vertical. (3) Filling of grassed areas for enhance- ment of lawn growth. From the effective date of this ordinance, the provisions thereof shall be controlling in the excavation, grading and earthwork construction, including fills and embank- ments within the corporate limits of the City of Cape Canaveral, Florida. (Ord. No. 3-76 § 1, 9 Mar 1976). Sec. 625.02 Penalties. Any and all persons who shall violate any provisions of this chapter or shall fail to comply with any order or regulation made there- under or who shall excavate or grade in violation of any detailed statement or specifications or plans submitted and approved thereunder, or any certificate or permit issued shall severally for each and every such violation and non compliance respectively, be punished as provided in Section 801.(Ord. No, 3-76 § 1, 9 Mar 1976). 6- 0-- /-0-, r_.• 1 § 627.01 STANDARD SWIMMING POOL § 627.02 CODE CHAPTER 627 STANDARD SWIMMING POOL CODE • Sec. 627.01 Standard Swimming Pool Code Adopted. For the purpose,of establishing rules and regulations to control the construction of swimming pools in the City of Cape Canaveral, Florida, that certain standard. code known as the Southern Standard Swimming Pool Code, 1974 Edition, and all future edi- tions and amendments as promulgated by the Southern Building Code Congress, of which not less than three copies have been or are now on file in the office of the City Clerk, are hereby adopted 'as fully as if the same was herein set forth verbatim. From the effective date of this ordinance, the provisions thereof shall be controlling in the construction of all swimming pools within the cor- porate limits of the City of Cape Cana- veral, Florida. (ord. No. 13-76 § 1, 8 June 1976). Sec. 627.02 Penalties. Any and all persons who shall violate any provisions of this chapter, or shall fail to comply therewith, or who shall violate or fail to comply with any order or regulation made thereunder, or who shall construct a swimming pool in violation of any detailed statement or specification or plan submitted and approved thereunder, or any certificate or permit issued, shall severally for each and every such violation and non-compliance respectively, § 627.02 STANDARD SWIMMING POOL § 627.03 CODE be punished as provided in Section 801.01 (Ord. No. 13-76 § 1, 8 Jun 1976). Sec. 627.03 Permit Fees. Permit fees' for swimming pool construction shall be as set forth in the Swimming Pool Code as herein adopted. (Ord. No. 13-76 § 2, 8 Jun 1976). 1- • 1 § 653.01 SIGN CODE CHAPTER 653 SIGN CODE Sec. 653.01 Establishment of Sign Code. This Chapter shall hereafter be known and cited as the "Sign Code." (Sign Ord., § 1, 30 Mar 1965). Sec. 653.02 Application. The follow— ing signs are excluded from the operation of this Chapter unless hereinafter noted. (Ord. No. 18-72, § 1, 3 Oct 1972). (A) Signs painted on the exterior surface of buildings. (B) Decals affixed to or signs painted on store fronts, store equipment, cano— pies, fuel pumps, or other type of vend- ing equipment used for dispensing retail products. (C) Signs wholly within a building. (D) Memorial signs, tablets, or placques, or names of buildings and date of erection when the same are cut into any masonry surface or when constructed of bronze or other incombustible material. (E) Professional name plates not exceeding three (3) square feet in area. (F) Bulletin boards not over eight (8) square feet in area for public, charitable or religious institutions when the same are located on the premises of such institution, and one § 653.02 SIGN CODE § 653.02 (1) identification sign not exceeding ten (10 Square feet. (G) Signs noting the architect, engineer or contractors when placed upon work under construction, provided such signs shall be removed within thirty (30) days of Certificate of Occupancy. (H) Occupational signs denoting only the name and profession of an occupant in a .commercial building, public institutional building or dwelling house, placed flat against the exterior surface of the build- ing andnot exceeding three (3) square feet in area, except in Residential Single Family and Duplex where the size shall be one (1) square foot. (I) Directional signs to historical or geographical points of interest which are maintained or operated as commercial attractions or enterprises. (J) Traffic or other municipal signs, legal notices, danger signs, and temp- orary emergency or nonadvertising signs. (K) Signs securely affixed to and, parallel with exterior surface of a building which do not extend more than eight (8) inches from the building. (L) Signs consisting of an arrangement of a group of single cut-out letters when securely fastened to. a building or struc- tural part of building. (Sign Ord.., § 2, 30 Mar, 1965, as amended by Ord. No. 18-72, § 1, 3 Oct 1972). 0 § 653.03 Sec. 653.03 All Use Zones. SIGN CODE § 653.03 Restrictions on Signs in (A) Single Family District Regulations. No sign of any type shall be allowed in any.R-1A Single Family Dwelling District or R-1,0ne Single Family District of the City of Cape Canaveral except the follow- ings (1) Signs of the types set forth in 653.02 subparagraphs 3 through 10 inclusive, and one (1) sign limited in size to five (5) square feet adver- tising property for sale or rent. Said sign shall not be nearer than twenty (20) feet from the curb or paved street' line on both improved and unimproved lots.. (B) Signs on Right -of -Way Prohibited. Except for signs which are the property of the State of Florida or of the City 'of Cape Canaveral or which warn of a temporary physicaldanger in the vicin- ity, no sign shall be erected, posted, painted, tacked, nailed, or otherwise placed or located on or above any road right-of-way or property of the City of Cape Canaveral, § 653.02 notwithstanding. All signs in violation of this subsection 'will be immediately removed by the City at the owner's expense.(Ord. No. 18-72 . § 2, 3 Oct 1972). § 653.03 SIGN CODE § 653.03 (C) Off Premises Signs and Signs on Vacant Land Generally Prohibited. (1) No off-premises'signs•or 'signs on vacant land shall be ereceted, posted, painted, tacked, nailed or otherwise placed or located anywhere in. the City of Cape Canaveral. An off -premises sign •is defined as a sign not related to. the subject matter of the use of the premises on which the sign is located. This prohi- bition shall not apply to real estate or political signs. A real estate sign shall be any sign used solely for the sale or lease of property on which th'e sign is located. A political sign shall be any sign used solely to present infdrmation suggesting a candidate's suitability for elected public office. (Ord. No. 21-75. § 1, 7 Oct 1975). (2) Political signs shall not be erected prior to the candidate qualifying for office and shall be removed within five (5) days following the election in' 'which his name appears. (Ord. No. 18-72, § 3, 3 Oct 1972). (3) A real estate sign shall not exceed six (6) square feet in size. A political sign shall not exceed thirty- two'(32) or be less than five (5) square feet in size. No cardboard or paper shall be used in the construction of any sign except as a paper face if it rests entirely on a one-half inch or thicker wood backing,: and is securely attached to the backing by an adhesive over the entire surface. (Ord. No, 21-75 § 1, 7 Oct. 1.975,.Crd. No. 18-72 § 3, 3 Oct 1972)... • § 653L 03 SIGN CODE § 653.03, (4) All signs in violation of para- graph (1), (2) & (3) above that are erected after the effective date of this ordinance shall be removed imme- diately at the owner's expense. (Ord. No. 21-75, § 1, 7 Oct. 1975). (5) Off -premises signs and signs on vacant property which exist .on the effective date, of this ordinance shall. remain until they are removed or fall into disrepair. A sign is in disrepair when so determined by the City Building Inspector at his discretion. When a sign is so determined to be in a state of disrepair, the City shall so notify the sign owner and property owner of . the existing condition; and if the sign owner or property owner fails or refuses.. to comply, the City may remove said sign with all costs to be borne by the sign owner or property owner. The procedure to be followed by the City upon determination that a sign is in a state of disrepair shall be the same as the procedure established in Chap- ter XXII of the City Charter relating to "Abatement of Nuisances",(Ord. No. 21-75, § 1, 7 Oco 1975). (6) No new billboards shall be erected in the City of Cape Canaveral, Florida. Any new bill board erected in violation of this paragraph shall be removed within 48 hours of notice to the sign owner and property owner. If the sign owner or property owner fails to remove said sign, the City shall do so at the sign owner's or the property owner's expense. (Ord. 18-72, §3, 3 'Oct. 1972) . § 653.03 SIGN CODE § 653.03 (7) Temporary off premise signs are those signs on property other than where the business or activity is located; There shall be a limit of one sign per business or activity erecting a temporary off premise sign. (1) Signs may be•erected only by the following: (a) A housing project or subdi— visidn within the City of Cape Canaveral consisting of ten or more residential units. (b) .Any new business opening within the City of Cape Canaveral. (2) Any such sign is limited in size to 50 square feet per face and may be double faced. It shall be constructed of sturdy materials as approved by the Building Official. There shall be no illumination of any sort provided specifically for the sign. (3) The signs may be erected 30 days prior to opening a new business and shall be removed no later than 60 days after opening, or housing construc- tion has stopped. § 653.03 SIGN CODE § 653.03• (4) Signs may be placed in the following zones with limits as indicated. T-1 Zone on Astronaut Boulevard, 75 feet from the right of way, maximum height, 15 feet. C-1 Zone on Astronaut Boulevard, 75 feet from the right of way,: maximum height,. 15 feet. C-1 Zone on Old State Road 401, 10 feet from the right of way, maximum height 8 feet. C-2 Zone on Astronaut Boulevard, no signs of this type permitted. C-2 Zone on Old State Road 401, 10 feet from the rightof way, maximum height 8 feet. M-3 Zone on Old State Road 401, 10 feet from the right of way, maximum height, 8 feet. (5) The written consent of the property owner must accompany each application for sign permit. The agent for an owner will verify in writing the authority to execute a consent form. (Ord. 23-77, §2, 3 Jan 1978). 653.03 SIGN CODE § 653.03 (D) Flashing Signs Prohibited. Any. sign which contains or uses lights or lighting device or devices which flash or alternate, is prohibited. (E) Portable Signs Prohibited. Any sign which is mobile and not securely and permanently attached to the ground or a building is prohibited. (F) Sign Height Limited. No sign shall be supported so that the uppermost edge is more than thirty (30) feet above the ground. This limitation shall not 'apply to any sign on the face of any,. building. Existing signs are excluded from the operation of this provision until they fall intoa state of disrepair or are moved or altered, (Ord. No. 49-73, § 1, 18 Dec 1973). (G) It is the expressed legislative intent of the City Council that there shall be a prohibition, without any ex- ceptions, against the use of any portion of a street, sidewalk, alley, right-of-way, or public thoroughfare for the display of merchandise for sale, or the location of portable or movable signs or stands to advertise or draw attention to the business of any person, or the parking of vehicles ' or other type of contrivance which are in and of themselves unique and unusual and are parked for the purpose of attract- ing attention to a person's place of business, or the parking of vehicles or other types of contrivances to which there is attached a sign advertising the business of or product. sold by the business of any• person, firm or corporation or•designed attract attention thereto, provided, however § 653.03 SIGN. CODE § 653.04 that the foregoing prohibition against the use of the streets for the parking ofvehicles is. not intended to prohibit the bonafide parking of any vehicle 'used primarily by the owner thereof for the purpose of transportation, notwith- standing that such vehicle may have painted upon the exterior surface the owner's name or address or business slogan or trademark or other emblem • which identifies the vehicles' owner or business in a manner consistent with that customarily found on commercial vehicles or vehicles used for commer- cial purposes. (Sign Ord., § 3, 30 Mar 1965, as amended by Ord. No. 18-72, § 1, 3 Oct. 1972). Sec. 653.04 Permits Required. It shall be•unlawful for any person to install, alter, or relocate any sign, marquee, canopy, awning or other advertising structure except those described in §§653.02 and 653.03 herein without first obtaining a permit from the City Building Inspector and making payment to the City Clerk the fee as required by the schedule offees established for construction of miscellaneous structures. All illumi- nated signs shall in addition, be subject to the provisions of any construction .Codes of the City and the permit fees required thereunder. (Sign Ord., § 4, 30 Mar 1965). § 653.04 SIGN CODE § 653.04 Sec. 653.05 Application for Erection Permit. Application for erection permits shall be made upon blanks provided by the Building Inspector, and shall contain or have attached thereto the following infor- mation: (A). Name, address of the applicant. and telephone number (B) Whether applicant is "owner" or "lessee", and if .latter, show authority of owner. (C) Location of building, structure, or lot to which or upon which the sign or. other advertising structure is to be attached or erected. (D) Plot plan showing position of the sign or other advertising structure in relation to nearby buildings or structures. (E) Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground. • (F) Name of person, firm, corporation or'association erecting structure. • (G) Any electrical permit required and issued for said sign. (H) Such other information as the Building Inspector shall require to show full compliance with this and all other laws and regulations of the City. (Sign Ord., § 5,•30 Mar 1965). SIGN CODE § 653.08 Sec. 653.06 Wind Pressure and Dead Load Requirements. All signs and •other advertising structures shall be designed and constructed to withstand a wind velocity as set forth •in the Southern Standard Building Code, as amended, and shall be constructed to receive dead loads as required. by the said Southern Standard Building'Code, as amended, or other Codes of the City of Cape Canaveral, Florida. (Sign Ord., § 6, 30 Mar 1965). Sec. 653.07 Obstruction to Doors, Windows or Fire Escapes. No sign shall' .be erected, relocated or maintained so as to prevent free ingress to or egress from any door or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape. (Sign Ord.,. § 7, 30 Mar 1965). Sec. 653.08 Signs Not to Constitute Traffic Hazard. No sign or other adver— tising structure as regulated by this Chapter shall be erected at the inter— section of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word or words commonly used on traffic control signs or signals. (Sign Ord., § 8, 30 Mar 1965). § 653.09 SIGN CODE Sec. 653,09 .Sign Lighting. Gooseneck,. reflectors, spotlights, floodlights,. and other lights.sh"all be permitted on ground" s.igns", roof signs, and wall signs, pro- •vided, however, the reflectors shall be . provided with proper glass lenses con centrating the illumination upon the area": of the sign so as to prevent glare upon. the street or.adjacent property..:(S.ign Ord,, §.9, 30 Mar 1965);. Sec. 653.10 Obscene Matter Prohibited "(Deleted by Florida Law 73-120, effective .1 July 1973), :•Sec." 653.11"Temporary on Premise Signs. •Temporary.signs as used in.,this Chapter.. are defined as signs constructed "of.cloth, .canvas, light fabric, cardboard, wallboard,, plywood or•other.light materials; with or. without frames, intended to be.displayed a short period of time only, (A) General Regulations.'"No sign of any character shall be suspended across':` any public street, avenue or alley; no"r shall any sign of any description be painted, .pasted•, printed or nailed on any curb or sidewalk or upon any trees, light,', standards, utility poles, hydrants, bridges, or any structures, bther than.awnings, with- in the property lines of any street, avenue or alley within the limits of the City of" Cape Canaveral, except with the permission... of the City Council; nor shall any sign of.:` any kind be attached to any private wall, Window, door, gate, fence or to any other. private structure except with the written § 653.11 SIGN CODE § 653.12 permission of the owner or.leasee and as restricted otherwise in this Chap— ter. (B) These signs may be erected 30 days prior to opening a new business and shall be removed no later than 60 days after opening, or housing constru e tion has stopped. Signs for other specific events shall be removed within seven days after the conclusion of same. (Ord. No. 23-77 § 5, 3 Jan 1978). Sec. 653.12 Marquees. (A) Marquee as'regulated by this Chapter shall include any hood or awning of permanent construction projected from the wall of a building above the entrance and extending over a thoroughfare. (B) In addition to the General Regulations, the following shall apply to marquees. (1) All marquees including the anchors, bolts, support rods, and braces thereof, shall be designed by a registered engineer and shall be properly guttered and connected by down spout to.a sewer so that the water therefrom will not drip or flow on the public property, and the roof thereof shall be used for no•other purposes than to form.and constitute a roof. § 653.12 SIGN CODE § 653.13 (2) No marquees shall be permitted to extend beyond the point two (2) feet inside.tbe curb line, (3) Marquees shall be supported solely to the building to which they are attached, and no columns or posts shall be permitted as support thereof. The roof of any marquee shall be designed and constructed to support a live load of not less than one hundred pounds (100) per square foot, except that this provision shall not apply to awnings. No marquee shall be erected on any building of wooden frame construction unless attached to the 'masonry, concrete or steel supports of the building, (4) Signs attached to or hung from a marquee shall be completely within the border line of the marquee outer edge. (Sign 0rd,, § 12, 30 Mar 1965). Sec. 653.13 Awnings and Canopies. (A) Awning shall include any structure made of fire resistant cloth, metal or plastic with a metal frame attached to a building and projecting over a sidewalk or thoroughfare when the same is so erected as to permit its being raised or lowered to a position flat against the building when not in use. A canopy shall include any structure, other than an awning, made of fire resistant cloth, plastic, or metal with metal frames attached to a building, projecting over a thoroughfare or sidewalk, and carried by a frame suppor- ted by the ground or sidewalk, /v §. 653:13 SIGN CODE § 653.14, (B) The General Regulations shall be modified for awnings and canopies as follows:' (1) Canopies and awnings may be constructed of fire resistant cloth, metal, or plastic, but all frames and supports shall be of metal. • (2) No canopy shall exceed ten (10) feet in width, but there is no limitation on the width of awning. All such awning or portions of such awnings and canopies shall be not less than seyen (7) feet above the level of the sidewalk, and shall not extend beyond a point two (2) feet inside the curb line. (3) Every awning shall be securely attached to and supported by the build- ing, and posts or columns beyond the building line shall not be permitted. When such building is less than ten (10) feet from public property, no awning shall be attached to the wood jams, frames, or other wood members of the building. (Sign Ord., § 13,30 Mar 1965), Sec. 653.14 Penalty. Any person violating any provision of this Chap- ter shall be deemed guilty of a viola- tion of this Chapter and upon convic- tion thereof shall be fined not more than fifty dollars ($50.00), or subject to imprisonment. not exceeding ten (10) days, or by both such fine and imprison ment at the discretion of the court. § 653.14 SIGN CODE § 653.16 Each day a violation is committed shall constitute a separate offense and shall be. punishable as such. Nothing in this section shall be construed to prohibit the removal or alteration of any sign or other advertising structure after notice given as herein provided, notwith- standing that the person owning or. maintaining the same shall, have been convicted for a violation of this Code. (Sign Ord., § 14, 30 Mar 1965 amend. 23-73 § 5, 3 Jul 1973, amend. 49-73 § 5, 18 Dec 1973). Sec, 653.15 Separability. If any section, subsection, sentence, clause, phrase, or portion of this Chapter is' for any reason held invalid or unconsti- tutional by any court of competent juris- diction, such portion shall be deemed a separate,, distinct and independent pro- vision and such holding shall not affect' the validity of the remaining portions thereof, (Sign Ord., § 15, 30 May 1965). Sec, 653,16 Securities, Bond or Insurance. (A) Bond, The owner or person in con- trol of a sign, awning, marqueee, or banner of any kind whatsoever, suspended over or extending into any public right-of-way more than one,(1) foot beyond the property line, shall execute a bond in the sum of Five Thousand Dollars ($5,000.00) with sureties approved by the City Attorney, indemnifying the City against all loss, cost, damage, or expenses inourred or sustained by, or judgments recovered again: the City, or by any of its officers, emplo:,__ ees, appointees, or servants, by reason of the construction or maintenance. § 65i3.16 SIGN CODE (B) Insurance. In lieu of the bond required in subsection (A) above, the owner or person in control of a sign, awning, marquee or banner of any kind suspended or extending into the public right-of-way beyond one (1) foot of the property line, may substitute therefor a Public Liability and Property Damage Insurance Policy by any'insurance company authorized to do business in the State of Florida, in the same amount and with the same conditions as required by subsection (A) above. (Sign Ord., § 16, 30 Mar 1965).' § 653.16 1 „:••• -7k) 671.01 SEWER SERVICE CHAP7ER 671 SBWBR SERVICE Sec. 671.01 Connections with Sewer Required. The owner of each lot or parcel of land within the City of Cape Canaveral upon which lot or parcel of land any building, or trailer used as.'a dwelling, is now situated or shall hereafter be situated, for either residential, commercial or industrial use, shall connect or cause such building or trailer to be connected with the public sewer • facilities of the municipal sewer system of the City of Cape Canaveral and use such facilities, within sixty (60) days following notification so to do by the City. All such connections shall be made in accordance with rules and regulations which shall be adopted from time to time by. the City Council of said City, which rules and regula- tions shall provide for an inspection fee for inspecting such connections in such reasonable amount as the Council may fix and determine. No connection or connections shall bo required where said sewer system or line is more than one hundred fifty (150) feet from such lot or parcel of land. [Ord. No. 6-66, § 1,.15 Feb. 1966] Sec. 671.02 Late Connection Penalty. In the event the owner of a lot or parcel of land does connect such building now situated or hereafter to be situated, used for either residential, commercial or industrial purpose, or trailer used as a dwelling, to and with the municipal sewer system within the said sixty (60) day period of time, the City shall make no hook-up or connection•'. charge; provided, however, if such connection is not made within the said sixty (60) day period,•a charge in the amount of seventy-five ($75.00) dollars shall be assessed against such owner by the City as a penalty for failure to comply with • • § 671.02. , ._ .SEWER SERVICE § 671.`.... ' the provisions of this Chapter within the said sixty (60) day period of time; . provided further that where sewer lines are installed by subdivision such • hook—up penalty shall not apply. In addition and as an alternative means of collecting such late connection penalty, • ' the City shall have a lien on such lot or • . parcel of land for which such lien shall 'be equal dignity with the lien of state and county and municipal taxes. Such . lien may be foreclosed by the City in • . the same manner provided by the laws of Florida for the foreclosure of mortgages • . . ' - upon real estate. _ (Ord. No. 6-66, § 2, 15 • ' Feb. 1966) . Seca 671.03 Rates. Any user of the • services of the sewer system shall pay therefor a monthly charge or rate as •follows: Customer Classification Monthly Charge • Residential '. - Single' Family and all similar single family uses: Single bath $5.06- . Additional baths . .68 . • S Multiple Family,.Condoi. , Apartments and all S similar multiple family . • uses: . Class. I (having more ' . . - . ' than 1 bedroom per . . ..... unit) . . • _ - First Unite • 5.06 .. - Additional Units • 3.71 Class II (having 1 ' . § 671.03 SEWER SERVICE § 671.03 bedroom or less per unit) First Unit 5.06 Additional Units 3.04 Motels & Trailer Parks and all similar uses: First Unit or Space 5.06 Additional Units or Spaces 2.36 Dormitories. 100% of Water Bill w/minimum of $5.06 Public Buildings $8.44 Churches 5.06 Commercial & Industrial & Schools 100% of Water Bill w/minimum of $5.06 Port Authority 125% of Water • Bill w/minimum of $5.06 (Ord. *No. 6-66, § 3, as amended by 12-72, 3 Oct. 1972 as amended by 6-77 § 3, 3 May, 1977) . It is the intent of this ordinance that all condominiums or other developments, particularly developments with a mixture of housing types, be charged a sewer rate in accordance with the type of structure actually built,(0rd. No. 6-66, § 3, as amendedby 12-72, as amended by 6-77, § 3 , ,3 May 1977). § 671.04 SEWER SERVICE § 671.0 Sec. 671.04 Unlawful Connection. No person shall be allowed to connect into any sewer line owned by the City without a permit issued by the City and then the connection with such line shall be made only under the direction and supervision of the City. (Ord. No, 6-66, § 4, 15 Feb. 1966). Sec. 671.05 Unlawful Construc'ti6n. No person, group of persons, firm or corporation shall build or remodel or cause to be built or remodeled any• structure used for human habitation or occupancy within the- City which is within one hundred fifty (150) feet of a public sanitary sewer line, unless it is provided with water -carried sewage facilities. (Ord. No. 6-66, § 5, 15 Feb. 1966). Sec. 671.06 Connecting Old Plunibitig. Whenever it is desirable to connect old exterior plumbing with the City sewer main, the owner or plumber contemplating doing such work shall notify the City Building Official who will inspect said old exterior plumbing and notify the owner or plumber what alterations will be necessary to place said old exterior plumbing in an acceptable condition for such connection. (Ord. No. 6-66, § 6, 15 Feb. 1966). Sec. 671.07 Sanitary Requirements. Every residence and building in which human beings reside, are employed, or congregated, shall be required to have a sanitary method of disposing of human excrement, namely, either a sanitary water closet that is connected with the City sewer, or an approved type of septic tank. (Ord. No. 6-66, § 7,.15 Feb, 1966). § 671.08 SEWER SERVICE § 671.11 Sec. 671.08 Disposal Requirements. It shall be unlawful for any person, persons, firm or corpora- tion owning or leasing any premises in the City to permit the disposal of any human excrement on any property, leased or rented by any such person, firm or corporation or the agent of any such person, firm or corporation, except in a sanitary water closet where sewage lines are available as defined above. [0rd. No. 6-66, § 8, 15 Feb. 1966] Sec. 671.09 Septic Tank. No septic tank other than those approved by the State Board of Health shall be constructed within the corporate limits of the City. [Ord. No. 6-66, § 9, 15 Feb. 1966] Sec. 671.10 Maintenance of Plumbing System. The owner of the property shall be responsible for maintaining and keeping clean the sewer pipes leading and connecting from the plumbing system to the City main. [Ord. No. 6-66, § 10, 15 Feb. 1966] Sec. 671.11 Payment of Fees and Bills Required. Bills for the monthly charges and fees herein- after mentioned shall be submitted and shall be payable within ten (10) days from the postmark of such bill. If such monthly bill shall be and remain unpaid on and after the ten (10) day grace period, water and sewer service shall be subject to cut-off. In the event that either water or sewer service is discontinued because of delinquency, a fee in the amount of $1.50 shall be charged to restore the said service. Water service and/or sewer service shall not be recon- nected after discontinuance until all past due water bills and sewage disposal fees are paid in full together with said delinquency charge. [0rd. No. 6-66, § 11, 15 Feb. 1966] § 671.12 SEWER SERVICE § 671.13 Sec. 671.12 Collection of Sewer Fees Where Owner has Private Water Supply; Deposit Required; Plugging of Line by City; Charge for Plugging. In those instances where the owner has his own private water supply, and such owner becomes more than ten (10) days delinquent in the payment of his monthly sewage disposal fee after billing, the Cityshall have the right to plug the sewer line leading to the owner's plumbing system, and the owner shall have no right to reconnect this line or remove the plug until sewage disposal fees shall have been paid in full, together with a charge of $25.00 as hereinafter mentioned. Such penalty of $25.00 shall be imposed and be added to any delinquent bill where the sewer line has been plugged for nonpayment. In those instances where the owner has his own private water supply the City shall require a deposit in the amount of $11.25 for residential sewage dispo al service and in a sufficient amount as prescribed by the City from Commercial and Industrial accounts to cover a three (3) month service period providing, however, that no such deposit shall exceed One Hundred Dollars ($100). Reconnecting the sewer service or removing the plug in the sewer line until such sewage disposal fees are paid in full, together with said charge of $25, shall be considered a violation of this section. [Ord. No. 6-66, § 12, as amended by 6-66-B, 20 Sept. 1966] Sec. 671.13 Failure to Maintain Plumbing System. Failure to keep the sewer pipe, i.e., the pipe leading from the plumbing system to the City main, clean and maintained in a proper manner will give the City the right to cut off or cause to be cut off the water connection, which shall not be reconnected until the sewer pipe is cleaned and maintained properly. In those instances where the owner has his own private water supply, 6 § 671.13` SEWER SERVICE § 671.16 the City shall have the right to plug the sewer line leading to and connecting with the plumbing system, and the owner shall have no right to unplug the sewer line until the sewer pipe leading from the plumbing system to the City main has been maintained and cleaned and in proper condi- tion. Unplugging the sewer line or reconnecting .the water supply from the Cocoa water main, until such sewer pipes are cleaned and maintained Properly, shall be considered a violation of this section. [Ord. No. 6-66, § 13, 15 Feb. 1966] Sec. 671.14 No Free Service. No sewage disposal service shall be furnished or rendered free of charge to any person, firm or corporation whatsoever, and the City and each and every agency, department or instrumentality which uses such service shall pay therefor at the rates fixed by this Chapter. [Ord. No. 6-66, § 14, 15 Feb. 1966] Sec. 671.15 Separate Connections for Each Separate Building. Each residential building whether occupying one or more lots and whether it shall occupy any lot or parcel jointly with any other residential building shall be considered a separate unit for the payment of the sewage disposal fees and separate connections will be required for each such building. [Ord. No. 6-66, § 15, 15 Feb. 1966] Sec. 671.16 Exceptions to Connections. This Chapter shall not be construed to require or entitle any person to cross the private property of another to make any sewer connection. How- ever, if any inability to cross the private pro- perty of another is a subterfuge or connivance caused by conveyance subsequent to this Chapter, such grantor shall not be exempt from the provisions of the Chapter. [Ord. No. 6-66, 7 § 671.17 SEWER SERVICE § 671.18 Sec. 671.17 Time Extension. Those owners of each lot or parcel of land located within the confines of Systems 1, 2, 3 and 4 of the City Sanitary Sewer System within the City of Cape Canaveral, upon which lot or parcel of land any building, or trailer used as a dwelling, is now situated or shall hereafter be situated, for either residential, commer- cial or industrial use, that have pre- viously been notified by the City to connect to the City's Sanitary Sewer System by a certain date are hereby granted to and including the day of March 31, 1967, within which to connect to the City Sanitary Sewer System the provisions of Section 1 or Ordinance No. 6-66 to the contrary notwithstanding; providing, however, nothing contained herein shall relieve said owners from their obligation to use the sanitary sewer system facilities and shall not affect the City's right to begin billing and charges of the said.owners previously notified for the use of the said system as required by the City's sanitary revenue certificates. (Ord. No. 2-67 or (6-66-E) •§ 1, 21 Feb 1967). Sec. 671.18 Time Extension. Those owners of each lot or parcel of land within the City of Cape Canaveral, upon which lot or parcel of land any build- ing, or trailer used as a dwelling, as now situated or shall hereafter be situated, for either residential, commercial or industrial use, that have previously been notified by letter dated September 2, 1966, by the City to connect to the City's sanitary sewer S671.18 SEWER SERVICE § 671.19' system by a certain date are hereby granted an additional ninety (90) days • within which to connect to the City sanitary sewer system, the provisions of Section 1 of Ordinance No. 6-66 to the contrary notwithstanding, providing, however, nothing contained herein' shall relieve said owners from their. obligation to use the sanitary sewer system facilities and shall not affect the City's right to begin billing and charges of the said.owners previously notified on September 2, 1966, for the use of the said system as required by the City's sanitary revenue certificates.. (Ord. No. 6-66-C § 2, 10 Sep 1966). Sec. 671.19 Penalty. Any person, firm or corporation violating any of the provisions of this Chapter shall be punish- ed as provided in § 801.02. Any failure or refusal by an owner to connect to the City sewer system after notification to do so, as hereinabove provided, or any failure or refusal to pay the charges or rates hereinabove provided, shall be construed to be a violation of this Chapter. Each day such violation con- tinues shall be considered a separate offense and subject to the penalties prescribed herein. (Ord. No. 6-66, § 17, 15 Feb. 1966). § 6 3.01 GARBAGE & TRASH CHAPTER 673 GARBAGE AND TRASH REMOVAL Sec. 673.01 Definitions: For the purpose of this Chapter, the following words and terms shall have the follow— ing meanings: (A) Approved Container shall mean industrial containers as defined herein, and trash cans provided by customer and acceptable to the City. (B) Bulk Container shall mean a fifty—five (55) gallon drum supplied by the City for temporary storage of __.. refuse or trash at street and beach locations and other City recreational_. facilities. (C) Business shall mean and include all retail, professional, wholesale and industrial facilities and any other commercial enterprises. offering goods or services to the public. (D) Commercial shall mean and include all dwellings and businesses serviced by an industrial container of two (2) cubic yards capacity or greater. (E) Containerized business shall mean and include any business, multi— family dwelling or other structure whose garbage and/or trash is deposited in an approved container for removal by the Collector. § 673.01 GARBAGE & TRASH § 673.01 (F) Duplex shall mean and include a detached two-family dwelling designed or intended for occupancy by two (2) families. (G) Garbage shall mean and include all waste and accumulation of animal, fruit or vegetable matter that attends, or results from the preparation, use, handling, cooking, serving or storage of meats, fish, fowl, fruit, vegetable matter, of any nature whatsoever, which is subject to decay, putrification, and the generation of noxious and offensive •gases •or odors, or which may serve as breeding or feeding materials for flies and/or other germ carrying insects. (H) 'Hazardous materials shall mean wastes that are hazardous by reason of their pathological, explosive, radio- logical or toxic characteristics. (I) Horticultural trash shall mean accumulation of lawn, grass or shrubbery cuttings, or clippings and dry leaf rakings, palm fronds, small tree branches (shall not exceed four (4) feet in length and thirty'(30) inches in diameter), bushes or shrubs, green leaf cuttings, coconuts, fruits• or other matter usually created as refuse in the care of lawns and yards, except large branches, trees or bulky or non-combustible materials not susceptible to normal loading, (J)' Individual containers shall mean an individual twenty .(20) or thirty (30) gallon container provided by the resident • for temporary storage of refuse, § 673.01I GARBAGE & TRASH § 673.01 • (K) Industrial shall mean establish-__ meats generating waste accumulation of metal, metal products, minerals, chemi- cals, rock, cement, asphalt, tar, oil, grease, glass, crockery, rubber, tires, bottles, cans, lumber, sawdust, wastes from animal packing or slaughterhouses or materials ususally created by indus- trial enterprises. (L) Industrial container shall mean a two (2) cubic yard or larger container which can be emptied by mechanical means. (M) Multi -family dwelling shall mean and include any building or struc- ture containing four (4) or more con- tiguous living units and intended exclusively for residential use by single persons or families. (N) Non-containerize3 business shall mean and include any dwelling, business, apartment or other structure whose trash is deposited and collected by means other than a container. •(0) Refuse shall mean a combination of 'garbage, horticultural trash and small pieces of materials which__are . Containerized'for routine pickup. (P) Single-family residence shall mean and include a detached single- family dwelling designed or intended .for occupancy by one (1) person or by .one (1) family. § 673.01 GARBAGE & TRASH § 673.02 (Q) Special material shall mean those bulky materials or other special wastes that are not stored in approved containers and are not routinely gener- ated in residential areas. (R) Trailer parks shall mean• and include any group of two (2) or more trailer lots operated as a commercial business to provide parking for mobile homes as living units. (S) Trash shall mean a combination ' of• large horticultural trash and material which by the nature of its size cannot be containerized, (T) Triplex shall mean and include a detached three (3) family dwelling designed or intended for occupancy by three (3) families. (Ord. No. 9-78 § 1, 16 May 1978). Sec. 673.02 Garbage receptacles to be provided: (A) All owners, residents and all occupants of any residential unit and the owner, us.er, manager or occupants of any multiple dwelling unit, or of any place or business or commercial establishment with the City are hereby required to provide a garbage receptacle to hold four (4) days accumulation of garbage. (B) In lieu of individual garbage receptacles, an industrial container or containers may be used. Said con- tainer shall be provided by the collector and the City Manager shall first determine § 673.0112 GARBAGE & TRASH whether') or not an industrial container shall lie provided to any owner, user, manager or occupant so requesting an industrial container. Multiple dwelling units containing less than ten (10) units may be provided an industrial garbage container at the discretion of the City Manager. All commercial establishments, establishments other than professional offices or other offices shall be required to have mechanical containers at the discretion of the City Manager. Single family residences, duplexes and triplexes shall not be permitted to use industrial containers. § 673.02 (C) It shall be the duty of the owner, manager, tenant or occupant of any multiple dwelling unit to furnish or see that each unit with cooking facilities of said multiple dwelling is furnished or supplied with a garbage receptacle or receptacles or industrial container or containers adequate and sufficient in size to comply with the terms of this prdinance. All such receptacles or containers shall be kept tightly covered at all times except when it is necessary to lift the cover for disposal or removal of refuse or to deposit refuse therein. It shall be unlawful for any person to.deposit refuse in such amount in the receptacle or receptacles or industrial containers that will not permit the cover thereof to be kept tightly in place..(0rd. No. 9-78 § 2 16 May 1978). § 673.03 GARBAGE & TRASH § 673.03 Sec, 673.03 Residential garbage, refuse and trash pickup conditions: (A) Residential garbage. All garbage receptacles shall be located so that they are easily accessible by the Collector and shall not weigh more than forty (40) lbs. No collection of gar- bage will be made by the Collector within any fenced -in yard, closed enclosure, or where the collector would be exposed to a potentially vicious animal. It shall be the responsibility of all owners and residents and all occupants of single or multiple family dwelling units with such fenced -in yards or enclosed ' areas to place the garbage receptacles in an area which is easily accessible to the collector on collection days. (B) Residential trash or rubbish collections. Horticultural trash, house- hold trash and rubbish collections will be made at the front property line adjacent to the street. Accumulations of grass, leaves, greenleaf cuttings, fruits and similar loose materials shall be placed in bags, boxes or otherwise containerized for ease in handling. Collector shall'be required to pick up no more than one large piece of furni- ture or appliance per -residential dwell- ing unit at any regular pickup. Accumu- lations in excess of this requirement shall be collected as otherwise provided in this Chapter. § 673.03 1 GARBAGE & TRASH § 673.03 (C) Location of garbage receptacles. Garbage receptacles shall not be located in such places or under such conditions as to cause unnecessary or unreasonable offense to sightliness, cleanliness, safety or other sanitary conditions. They shall not be kept upon neighboring property, not in the ownership or tenancy of the person by whom the garbage was accumulated, whether such neighboring property be vacant or improved, with- out the written consent of the person having the right to possession and use of the property. No garbage receptacle or industrial container shall be placed on any City right-of-way, except for immediate pickup. The City Manager may make an exception to location of an industrial container or garbage receptacle on any City right-of-way, in writing. Industrial containers shall not be placed in such manner as to hinder the closing of container lids. (D) Obstruction. It shall be un-' lawful for any person to park a motor .vehicle in such a way that the collector cannot service industrial containers or otherwise block access to such con- tainers. (E) It shall be unlawful for a person to place refuse in a container assigned to another address, without written permission of the owner. (Ord. No. 9-78 § 3, 16 May 1978) . § 673.04 GARBAGE & TRASH § 673,06 Sec. 673.04 Burning or burying of garbage and horticultural trash, house- hold trash and rubbish: It shall be unlawful for any person to bury garbage, horticultural trash, household trash or rubbish which is or is reasonably likely to become a nuisance or menace or threat to the health of residents within the City. No such garbage, horticultural trash, household trash or rubbish shall be burned within the corporate limits of the City of Cape Canaveral, unless approv- al has first been obtained from the City Manager,(Ord, No. 9-78 § 4, 16 May 1978). Sec. 673.05 Proper disposal of gar- bage and refuse as a prerequisite to collection: No removal or collection of garbage and refuse shall be required by the Collector from any premises within the City, unless the garbage and refuse is deposited in a proper receptacle as herein defined, and the owner or occupant or person responsible for using said pre- mises shall be prosecuted for non-compli ance.(Ord, No. 9-78 § 5, 16 May 1978), Sec. 673.06 Unlawful accumulation: It shall further be unlawful and a violation of this Chapter for the owner. and/or occupant or manager or person responsible for any land or premises to permit, suffer, allow, either by commi- ssion or omission" any accumulation of garbage, horticultural trash, household trash and rubbish, or industrial waste, upon premises or property within the City of Cape Canaveral for a period longer than four (4) days without having arrange for disposal of said accumulation by the i' § 673.06 GARBAGE & TRASH § 673.07 Collector to perform such services and it shall be unlawful and a violation of this Chapter for any person, whether owner, manager or occupant of any pre- mises, to fail to provide a sufficient number of containers or receptacles per unit as provided herein, to amply provide for any four (4) day period of garbage, horticultural trash, house- hold trash or rubbish. Nothing herein contained shall prevent the owner or occupant, manager or person responsible for said premises to remove accumula— tions of horticultural trash., house- hold trash or rubbish or industrial waste, himself, to a proper place of disposal. In the event that removal of excess accumulations are arranged with the Collector, the rate charged by, the Collector shall be negotiated and shall be paid in advance as may be required by the Collector.(Ord. No. 9-78 § 6, 16 May 1978). Sec. 673.07 Unlawful disposal: It. shall be unlawful to deposit or dispose of garbage, horticultural trash, house- hold trash, rubbish or industrial waste upon the premises of another., or upon any street, alley, parkway or other public property, or any canal, ditch, water, waterway, river, ocean, sandbed, pool, pond or the like, within the City, .or in the receptacle of another, except that tenants of multiple dwellings or businesses, where authorized, may deposit such accumulations is recep- tacles upon which the owner or manager of said multiple dwelling, apartment, or business building has authorized for 7 § 673.07 GARBAGE & TRASH § 673.10 the use of the tenants by the owner or manager thereof. (0rd. No. 9-78 § 7, 16 May 1978). Sec. 673.08 Transfer of garbage or trash over public streets: Unless a person shall have been specifically authorized and licensed by resolution of the governing body to do so, it shall, be unlawful for any person to 'transport garbage, horticultural trash, household trash, rubbish or industrial waste through or over the public streets or alleys of the City, except as other= wise provided in Section 673.06 hereof. This provision shall be literally con- strued to protect the public health, safety and general welfare. (0rd. No. 9-78 § 8, 16 May 1978). Sec. 673.09 Complaint procedure: The Collector is obligated to promptly respond to all complaints concerning the quality or absence of collection ser- vice. All complaints with regard to refuse and trash collection service direc- ted by this Chapter shall be made to the City, and subsequently directed to the Collector by the City Manager. (0rd. No. 9-78 § 9, 16.May 1978). Sec. 673.10 Penalties: Any person who fails to comply with this ordinance, or who violates the same, or who creates or maintains garbage, horticultural• trash, household trash or rubbish, shall be considered as having violated this Chapter, and upon conviction in a court of competent jurisdiction, shall be pun- ished by a fine not to exceed $250.00 in § 673.10 IGARBAGE & TRASH § 673.11 or imprisonment not to exceed ten (10) days, or by both such fine and impris- onment. (Ord. No. 9-78 § 10, 16 May 1978). Sec. 673.11 (A) Schedule of Fees:, owner of any residence or commercial. building within the City of Cape Canaveral, Florida, shall pay the follow- ing fee as provided for in Section 673.02 hereof: 1. Single Family Residences and Duplex living units at $3.85 per living unit per month. 2. Mobile Home Units at $2.60 per living unit per month. . Individual Apartments or Condominium Units at $2.60 per living unit per month. . Individual commercial business accounts with individual con- tainers at $4.70 per month not to exceed 3 industrial containers per pick up. Commercial businesses, Apart- ment Complexes and Condominiums using industrial containers at. $11.65 per container yard per month. 6. .Special Collection Services at $1.65 per container yard per pickup. fi § 673.11 GARBAGE & TRASH § 673.11 7. Items requiring special hand- ling due to size, weight, type of material or 'method of place- ment at a price to be negotiated between the collector and cus- tomer,prior to collection, 8. Rates for services not provided for in this Chapter shall be determined by the City Manager, based on rates 'provided herein for similar types of services. • 9. A 25t billing charge shall be added to each bill sent by the City. The above initial schedule of fees is subject to revision from time to time as may be necessary, and all subsequent revisions shall be by resolution of the City Council of the City of Cape Canaveral, (B) Failure of users to pay for fees in the preceding subsection within thirty (30) days of the billing date shall be a violation of this Chapter. In addition, the City shall have the right to seek enforcement and collection of the overdue fee through civil proceedings in a court of competent jurisdiction, including a reasonable attorney'sfee and costs, if such civil action is necessary.' (C) A11 fees becoming due and payable on or after the effective date of this .chapter shall constitute and are hereby imposed as a special assessment lien against the real property and personal property aforesaid, and until fully paid § 673:11 GARBAGE & TRASH § 673.11 and 'discharged, shall remain liens equal in dignity with the City's ad valorem taxes, and superior in rank and dignity to all liens, encumbrances, titles and claims in, to or against the real property involved. Such fees shall become delinquent if not fully paid within thirty (30) days after the due date. All delinquent service charges shall bear a penalty as follows: Single family, duplex and triplex $100 per month from due date; All other residential - $1.00 per month from due date; Commercial - $5.00 per month from due date. Unpaid delinquent service charges, together with all penalties imposed thereon shall remain and constitute special assessment.liens against the real and personal properties involved. Such special assessment liens for garbage fees and penalties shall be enforced by any of the methods provided in Chapter 86, Florida Statutes, or in the alternative, foreclosure pro- ceedings may be instituted and prose- cuted under.the provisions of Chapter 173 Florida Statutes, or the collection • and enforcement of payment thereof may be accomplished by any other method authorized by law (.D) In addition to the collection procedure and foreclosure procedure. established in the preceding subsections, the City Manager is hereby empowered to discontinue water and/or sewer service.. § 673.11 GARBAGE & TRASH § 673.13 to the owner of any residence, commercial building or establishment who fails to •pay the monthly garbage charge as provi- ded for in this subsection. (E) Each condominium association within the City of•Cape Canaveral will be responsible for the monthly condo- minium garbage fee provided herein. (Ord. No. 9-78 § 11, 16 May 1978). Sec, 673.12Authority of City to collect: Nothing contained in this Chapter shall be construed to prevent the City from creating or acting'as its own garbage and/or trash collection or • disposal service or facility, either independently, exclusively or in conjunc- tion with others. (Ord. No. 9-78 § 12, 16 May 1978). Sec. 673.13 Legislative intent: If this Chapter or any section hereof, or any sentence, phrase or word be declared illegal or unlawful by a court of compe- tent jurisdiction, it is the intent that such illegal word, phrase, sentence or section shall not affect the legality of the remainder of this. Chapter, (Ord. No, 9-78 § 13; 16 May 1978). I c' ;-) ''.;,?•,'; ' ,F § 583. 01 OFF -ROAD. REG. § 683.02 CHAPTER 683 OFF -ROADWAY REGULATIONS Sec. 683.01 Travel Without Landowrier's Consent. No person shall use a motor vehicle for travel on land other than streets or highways. "Motor vehicles" and "streets or highways" shall be as defined in Chapter 316, Florida Sta- tutes. Consent of the landowner, his agent or tenant, may be used as a defense by any person charged under this section, but the burden of proof in such defense by competent evidence shall be upon the person so charged. (Ord. No. 18-73, § 1, 5 June 1973). Sec. 683.02 Travel Upon Beach Or Dune Area Prohibited. Except as pro- vided in sub -section 683.03 below, no person shall use any vehicle for travel upon the ocean beach or the dune area as defined in sub -section 651.05, unless such vehicle is propelled by non -motor- ized power. This section is also intended to exclude the use of motor powered bicycles generically known as "mopeds" from use for travel upon the ocean beach or the dune.(0rd. No. 64-21 §§ 1, 2, 4 Aug. 1964 amended by Ord. No. 6-78, § 1, 4 Apr. 1978). § 683.03 OFF -ROAD. REG. § 683.04 Sec. 683.03 Exceptions Provided. (A) The prohibition contained in Section 683.02 above shall not apply to emergency vehicles of the police or fire departments, or to ambulance orto private towing vehicles, provided the,police department is notified prior to the travel and the name of the person requesting towing assis- tance and the location of the vehicle to be towed is furnished. (B) Persons who are physically disabled or handicapped to such an extent that they are unable to walk to the beach shall be permitted to park a motor vehicle upon the ocean beach at the Washington Avenue beach approach, provided said vehicles do not park beyond the boundaries of said Washing- ton Avenue on the beach. The police depart- ment shall have the right to request that those handicapped or disabled persons park - on the beach pursuant to this section, show proof of their disability by competent and appropriate evidence. (0rd. No. 64-21 §§ 3, 4, 4 Aug. 1964, amended by 0rd. No. 20-76 § 1, 5 Oct. 1976). Sec. 683.04. Penalty. A violation of any provision of this chapter shall' be punished. as provided in § 801.03. ' /. / i ! -el c~ '_-v_ § 685 01 PARKING REGULATIONS § 685.04 CHAPTER 685 PARKING REGULATIONS 685.01 Parking Regulations. Section 316.160 Florida Statutes is hereby adopted as the Parking Regulation for the City of Cape Canaveral, Florida. (Ord. No. 22-76, § 1, 18 Jan. 1977). Sec. 685.02 Placing of No Parking Signs. The Chief of Police is hereby authorized to designate those places where motor vehicles are prohibited from parking and to place official • signs accordingly. (Ord. No. 22-76, §1, 18 Jan. 1977). Sec. 685.03 Truck Parking. It shall be unlawful for any truck weighing 5000 pounds or more to park anywhere within the City of Cape Canaveral, Florida, for more than 4 consecutive hours, where so posted. (Ord. No. 22-76, § 1, 18, Jan. 1977). Sec. 685.04 Penalty. Anyone vio- lating this Chapter shall be punished by a fine of $5.00. (Ord. No. 22-76, § 1, 18, Jan. 1977). 1 § 701.01 ANIMALS CONTROLLED § 701.02 CHAPTER 701 ANIMALS CONTROLLED Sec. 701.01 County Animal Control Ordinance Adopted. Brevard County Ordinance No. 70-15, adopted by the Board of County Commissioners on September•17, 1970 relating to animal control in Bre- vard County, a copy of which is filed with the City Clerk and made a part hereof, is •hereby adopted as the rules and regula- tions governing animal control within the City of Cape Canaveral, Florida. (Ord. No. 10-70, § 1, 20 Oct. 1970). A. Exceptions Provided. Pursuant to Section 4-14"of Brevard County Ordinance No. 70-15, the City Council of the City of Cape Canaveral, Florida, does hereby designate all Public Parks and Public Beaches as an area in which such animals are prohibited. (Ord. No. 10-70, § 1, 20 Oct. 1970). Sec. 701.02 Definitions. As used in this Ordinance: (a) PERSON shall mean natural person or persons, firm, association or corporation. (b) OWNER shall mean any person, as herein defined, who owns, keeps, harbors or controls an animal. (c) ANIMAL shall mean any living dumb creature capable of self locomotion. § 701.'02 ANIMALS CONTROLLED § 701.02 (d) VICIOUS ANIMAL shall mean any animal of fierce or dangerous propensities which is likely to cause injury to person or per- sons'or damage to property or any animal which exhibits traits which are ungovernable or any animal which displays a habit of unprompted biting or has a history of biting persons three (3) times within a period of eighteen (18) months. (e) AT LARGE shall mean when an animal is off of the premises of the owner and not under the actual control, custody, charge or possession of the owner or other responsible person either by leash, cord or chain. (Ord. No. 10-70 § 1, Oct. 20, 10970 a/a/b Ord. No. 16-71 § 1, 21 Sep 1971). (f) IMPOUNDING OFFICER shall mean the. person or persons appointed by, contracted with, or employed by the Board of County Commissioners' pursuant to Sec. 701.04 as Animal Control Officer and such agents or employees designated by such Officer to carry out the duties of such Officer under this Ordinance.. § 701.02 ANIMALS CONTROLLED § 701.03 (g) (h) (i) COUNTY HEALTH OFFICER shall mean the person appointed, pursuant to Chap. 154 Florida Statutes, as director of the Brevard County Health Department and his designated agents. KENNEL shall mean any place of business where dogs or cats, regardless of number, are kept for sale, breeding, boarding or treatment purposes, except a dog hospital, dog beauty parlor, or pet shop, all as • allowed by the zoning regulations of Brevard County, or any premises used for residential purposes where five (5) or more dogs or cats six (6) months or older, are kept, harbored or maintained. BOARD shall mean the Board of County Commissioners of Brevard County, Florida and City Council of the City of Cape Canaveral, Florida where applicable. (Ord. No. 10-70, § 4, 20 Oct. 1970). Sec. 701.03 Establishment of County Pound. The Board is empowered and authorized to create, institute, construct, operate and maintain a County Pound or Pounds at locations selected by the Board in order to provide adequate animal control fapilities for the entire county. (Ord. No. 10-70 § 4.2, 20 Oct. 1970). § 701.04 ANIMALS CONTROLLED § 701.12 Sec. 701.04 Animal Control Officer. (a) The Board is empowered and authorized to appoint, contract with or employ a person or per- sons to have full and complete authority to discharge the duties of this office and enforce the regulations herein. Such officer shall be known as the Animal Control Officer of Brevard County. The Board shall have supervision and control of the performance of duties of the Animal Control Officer. (b) The Animal Control Officer shall give bond in the sum of One Thousand Dollars ($1,000.00) to faithfully discharge the duties of this office. (Ord. No. 10-70, § 4.3, 20 Oct 1970). Sec. 701.05 through 701.11. Reserved for future expansion. Sec. 701.12 Running at Large Prohibi- ted. No animal, whether licensed or unlicensed, shall be at large. Any ani- mal found at large shall be deemed to be committing an act in violation of this Ordinance. Any person who owns, keeps or harbors any animal found at large shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 § 1, 20 Oct 1970). § 701.13 ANIMALS CONTROLLED § 701.14 Sec. 701.13 Animals Creating Nuis- ance Prohibited. Any animal which habitually barks, whines, howls, or causes other objectionable noise, which is at large, chases or runs after persons or vehicles, which destroyes or damages any property of another person, which causes serious annoyance to a neighboring resident and interferes with the reason- able use and enjoyment of his property, or which is otherwise offensive so as to create a nuisance shall be deemed to be committing an act in violation of this Ordinance. Any person who owns, keeps or harbors any animal which is deemed in violation of this section shall be guilty of a misdemeanor and punished as pro- vided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 § 1, 20 Oct. 1970). Sec. 701.14 Animals Creating Nuis- ance Prohibited. Any animal which defe- c•ates or urinates upon a public beach, the sidewalk of any public street, or upon the floor of any common hall in any apartment house, tenement house, hotel or other multiple dwelling, or upon entranceway, stairway or wall immediately abutting on a public sidewalk, or upon the floor of any theatre, shop, store,office building, or other building used in common by the public, or upon any property or premises owned by any person except the property or premises of owner of such animal shall be deemed to be committing an act which... constitutes a violation of this Ordi- nance. Any person who owns, keeps, or harbors or has charge, care custody or control of any animal which is deemed in § 701.14 ANIMALS CONTROLLED § 701.16 violation of this section shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 § 3, 20 Oct. 1970 a/a/b Ord. No. 16-71 § 1, 21 Sep 1971). Sec. 701.15 Animals Prohibited in Parks and on Beaches. No animal shall enter into or on any public park or beach in the County where such animals are specifically prohibited; provided, however, this provision shall not apply unless the prohibition is posted at the' public park or beach so restricted. The Board shall be authorized to designate, by resolution, any public park or beach where such animals shall be prohibited. No provision shall be made prohibiting dogs trained to assist or aid disabled or handicapped persons, when such dogs are actually being used to assist or aid such persons, from any public park or beach. Any animal found in an area restricted for such animal shall be deemed to be committing an act in violation of this Ordinance. Any person owning or having charge, care, custody, or control of any animal deemed in violation of this Ordinance shall be guilty of a mis- demeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 § 4, 20 Oct. 1070). Sec. 701.16 Unlicensed Dogs and Cats Prohibited. Any person who shall own, keep or harbor any dog or cat within Brevard County that is not licensed as provided in this Ordinance shall be guilty § 701.16 ANIMALS CONTROLLED § 701.18 of a misdemeanor and punished as pro- vided for in Sec. 701.87 of this Ordinance. The lack of a license tag on the collar or harness of a dog or cat or the lack of approved license marking shall be deemed prima facie evidence that the animal has not been licensed or vaccinated and of evi- dence of the violation of this Ordi-• nance. (Ord. No. 10-70 § 4, 20 Oct 1970) . Sec. 701.17 Poisoning Dogs or Cats Prohibited. Any person who shall poison, or aid, abet or assist in the poisoning, or putting out or placing of poison at any point or place outside of build- ings where dogs or cats may secure the same shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.18 Cruelty to Animals Prohibited. Any person who shall deprive of food or water, cruelly beat or whip, torture, torment, mutilate, kill, or otherwise cruelly ill use any animal or cause or procure the same to be done by others, or any person who has charge or custody of any animal, whether as owner or otherwise, who shall overdrive, overload, overwork, or insufficiently feed such animal, or cause or procure the same to be done by others, shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 § 4, 20 Oct. 1970). § 701.19 ANIMALS CONTROLLED § 701.21 Sec. 701.19 Interfereing With Im- pounding Officer: Damaging County Pound; Releasing Animals Prohibited. Any person who shall in any manner inter- fere with, hinder, resist, obstruct, or molest the Impounding Officer in the performance of his duty, or without authority of a Court having jurisdiction to try violations of this Ordinance or without authority under this Ordinance seek to release or remove any animal from .the custody of the Impounding Officer, or tear down, burn, deface, destroy, or otherwise injure any County Pound or enclosure thereof shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord.. No. 10-70 § 4, 20 Oct. 1970). • Sec. 701.20 Concealment of Animals Prohibited. Any person who shall hold, hide, or conceal any animal to which he does not have legal title shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance,•provided, however, that no person shall be in violation of this section if he shall have reported his possession of such animal to the County. Impounding Officer within forty-eight . (48) hours after acquiring possession of such animal. (Ord. 10-70.§ 4, 20 Oct 1970) . Sec. 701.21 Through 701.31. Reserved for future expansion. § 701.32 ANIMALS CONTROLLED § 701.33 § 701.32 Complaints for Violation. Upon receipt of an "Affidavit of Com- plaint," signed by one or more persons, made under oath by an individual author- ized by law to take acknowledgments, setting forth the nature of and 'the date of the act, the owner of the animal, the address of the owner, and a descrip-. tion of the animal doing such act, the impounding officer or any law enforce- ment officer of the City of Cape Cana- veral, Florida shall investigate the complaint to determine whether the act complained of violates this Ordinance. In the event the act complained of constitutes a violation of this Ordinance, the impounding officer or the law enforce- ment officer shall enforce this Ordinance pursuant to the provisions of Section 701.33. In the event sufficient facts are not available to enable a complainant to prepare an affidavit of complaint, then such affidavit of complaint shall be executed after an investigation by law enforcement officer, if warranted. (Ord. No. 10-70 § 4, 20 Oct. 1970 a/a/b Ord. No. 19-74 § 1, 18 Jun 1974). Sec. 701.33 Enforcement for Violation. (a) The Impounding Officer shall impounds (1) Any animal found to be cruelly treated as defined in Sec. 701.18, or any animal suspected or be- lieved to be infected with rabies or any infectious disease. Each animal so apprehended which is sus- pected to have or exhibits § 701.33 ANIMALS CONTROLLED § 701.33 symptoms. of having rabies or any infectious or contagious disease shall be segregated from other animals so as to prevent said animal from coming inn contact with any animal. (2) Any dog or cat not li- censed as provided' for in• this Ordinance. (b) The Impounding Officer shall, in the event an animal is deemed in violation of this Ordinance, or is owned, kept,harbored or maintained in violation of this Ordinance: (1) Advise the Cape Police Departme name and addres person or perso lation of the 0 the date or dat offense, the of offenses commit cription of the animals involve Canaveral nt of the s of the ns in vio- rdinance, es of the fense or ted, a des - animal or d, where- upon a proper warrant shall be issued by said Police Department. (2) Impound such animal, if in the opinion of the Impound- ing Officer or any law enforcement official of the City of Cape Canaveral, Florida, it is in the best interest of the public wel- fare that said animal be impounded. i0 § 701.33 ANIMALS CONTROLLED g 20.1.34 (c) Upon investigation of a complaint for violation provided for in Section 701.32 of this Act by a law enforcement officer of the City of Cape Canaveral, if there appears to be a violation of this Ordi- nance, then a proper warrant shall be issued by the Police Department based on the affidavit of complaint provided for in Sec. 701.32. Nothing herein contained shall pre- vent a law enforcement officer, of the City of Cape Canaveral from arresting any person or persons who violate this Act in his presence, whether or not a complaint for violation has been filed in accord- ance with Sec. 701.32 (Ord. No. 10-70 § 4, 20 Oct, 1970 a/a/b/ Ord. No. 19-74 § 1, 18 Jun 1974). Sec. 701.34 Right to Enter Upon Private Property. For purposes of discharging the duties imposed by this Ordinance, including investigation of possible vio- lations and for enforcing its provisions, the Impounding Officer or the County Health Officer, is empowered to enter without authority of any court of compe- tent jurisdiction upon any. private property, not including any dwelling house or struc- ture or fenced enclosure, and, but not by way of limitation, to demand that the animal or, if applicable, the license tag of such animal be exhibited to said Officer, provided the Impounding Officer shall be empowered to enter into any such fenced enclosure to impound any animal known or S 701.34 ANIMALS CONTROLLED .§ 701.37 suspected of biting or scratching any person or any animal infected with or showing suspicious symptoms of rabies. (Ord. No. 10-70 § 4, 20 Oct. 1970) Sec. 701.35 and 701.36, Reserved for future expansion. Sec. 701.37 Redemption of Impounded Animals. (a) If any animal is impounded and such animal is not redeemed with- in seven (7) consecutive days after impoundment of such animal, including the day of impoundment, the Impounding Officer, without notice to the owner of such animal, if any, may dispose of such animal as provided for in section 701.38; provided, however, if the owner of the animal is known to the Impounding Officer or can be identified by the Im- pounding Officer by reason of some marking or collar attachment on the animal, the Impounding Officer shall notify the owner of the fact that his animal has been impounded and that he may redeem his animal within seven (7) days of notifica- tion. The final day of the seven (7) day period shall only occur on a day in which the County Pound in which the animal is impounded is open for normal operating activities. The Impounding Officer shall give notification by first class United States mail within § 701.39 ANIMALS CONTROLLED § 701.41 Sec. 701.39 Impounding Fees. Any person seeking to redeem or reclaim any animal or ownership of any animal shall pay the impoundment fees herein provided. The Impounding Officer shall charge and collect an arrest, apprehension or de- tention fee of ten dollars ($10.00) and a care, feeding and maintenance fee of two dollars ($2.00) for each day or fraction thereof for any dog or cat apprehended or impounded. The Impounding Officer shall charge and collect an arrest, apprehension or detention fee of twenty- five ($25.00) and a care, feeding and maintenance fee of two dollars ($2.00) for each day or fraction thereof for all other animals apprehended or impounded. (Ord. No. 7-78 § 1, 18 Apr 1978). ' Sec. 701.40 Reserved for future expansion. Sec. 701.41 Vicious Animals. The owner of any vicious animal which is not confined in a building or secure enclo- sure or any person who shall release, either wilfully or through a failure to excecise due care or control, or take such animal out of such building or secure enclosure in such manner which is likely to cause injury to another person or damage to the property of another person shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. Any vicious animal not confined as herein provided shall be impounded and shall be redeemed as provided for in Sec. 701.39 of this Ordinance. If such vicious animal is not redeemed within seven (7) consecutive 4 701.37 ANIMALS CONTROLLED 4 701.38 tweny-four (24 hours after impoundment. The depositing of a letter of notification in the United States mail shall con- stitute notification. This sec- tion shall not apply to animals impounded pursua,t to Section 701.41 and Section 701.48 of this Ordinance. (b) The Owner or owner's agent shall be entitled to resume possession of any impounded animal upon compliance, if applicable, of the licensing provisions in this Ordinance and the payment of impoundment fees set forth herein. Proof of ownership must be given prior to being entitled to resume possession. Proof of ownership may include a license receipt, affidavits of neighbors, photographs, or other reliable documentary evidence. Sec. 701.38 Disposition of Impounded Animals. Any animal impounded under the provisions of the Ordinance and not redeemed as provided for in Sec. 701.37 shall become the property of Brevard County, Florida. The Impounding Officer shall humanely destroy such animal, trans- fer its title to the Humane Society, or place it in the custody of some person, by gift or sale, deemed to be a responsible and suitable owner, who will agree to comply with all the provisions of this Ordinance. (Ord. No. 10-70 4 4, 20 Oct 1970). § 701.41 ANIMALS CONTROLLED § 701.46 days or if such vicious animal is im- pounded a second time for not being confined as herein provided, Brevard County shall be deemed to be the owner of and have legal title to such animal and the Impounding Officer shall have title to such animal transferred to any public or private zoo or to any public law enforcement agency within the State of Florida, or shall destroy such animal. (Ord. No. 10-70 § 4, 20 Oct 1970). Sec. 701.42 Female Dogs and Cats In Season. The owner of any female dog or cat in heat which is not kept confined ina building or secure enclosure, veterinary hospital, or boarding kennel in such a manner that such female dog or cat cannot come in contact with another dog or cat, except for intentional breeding purposes, shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. Any female dog or cat not confined as herein provided shall be impounded and shall not be redeemed during said period of heat. Such female dog or cat shall be redeemed in accordance with the provi- sions of•701.37 (b). (Ord. No. 10-70 § 4, 20 Oct 1970). Sec. 701.43 through 701.45. Reserved for future expansion. Sec. 701.46 Ahimals Infected With Rabies. It shall be the duty of the owner of and any person knowing of any animal infected with or showing sus- pisious symptoms of rabies. or any unusual behavior to report the same within twelve (12) hours to the County § 701.46 ANIMALS CONTROLLED §.701.48. Health Officer. (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.47 Report of Person 0r Animal Bitten or Scratched by Suspected Infected Animal. It shall be the duty of any person bitten or scratched or having knowledge of or treating any person bitten or scratched by any animal to report .the fact of such bite or scratch within, twelve (12) hours to the County Health Officer. It shall be the duty of any person knowing of or treat- ing any animal bitten by another animal having or suspected of having rabies to report the facts thereof within twelve (12) hours to the County Health Officer. (Ord. No. 10-70 § 4, 20 Oct 1970). Sec. 701.48 Duties of County Health Officer in Suspected Rabies Cases. When- ever the County Health Officer shall be ..informed that any animal has bitten or scratched any person or is suspected of having or showing suspicious symptoms of rabies or any other infectious or con- tagious disease or any unusual behavior, it shall be the. duty of said County Health Officer to require that: (a) The Impounding Officer shall cap- ture such animal. In the capture. of such animal, the Impounding Officer shall not kill such ani- mal unless in its capture a clear and present danger of harm or injury to the Impounding Offi- cer or other person exists. Such animal shall be placed in quaran- tine for observation f.or a period of at least ten (10) days from § 701.48 ANIMALS CONTROLLED § 701.48 the date of bite or scratch. The County Health Officer shall cause the detachment without mutilation and send to the State Board of Health Labora- tories for pathological examina- tion the head of any wild animal or any animal tamed from a wild environment which has bitten or scratched any person, if in the opinion of the County Health Officer, such injury was the re- sult of an aggressive and overt act, if, in the opinion of the County Health Officer, such ani- mal is suspected to have or exhibits symptoms of having rabies, or if such is the re- quest of the person bitten or scratched, his parent or legal guardian, or his physician and the County Health Officer. All other wild animals or animals tamed from wild environments which shall bite or scratch any person shall be quarantined for observation for a period of twenty-one (21) days from the• date of such bite or scratch. At the end of this period, unless herein provided to the contrary, the wild animal shall be re- leased to its owner or returned to its wild habitat, whichever is applicable. § 701.48 ANIMALS CONTROLLED § 701.48 (b) The quarantine shall be main- tained in the•County Pound or, at the owner's request, in a veterinary hospital of his choice. Any animal under quar- antine shall not be released or moved from the place of the initial quarantine confinement unless permission is obtained from the County Health Officer. The owner, if any, shall bear the cost of the care, feeding and maintenance cost of a quar- antined animal. If quarantine is maintained at the County Pound, the care, feeding and maintenance fee shall be two dollars ($2.00) for each day or fraction thereof. (c) If rabies is diagnosed or sus- . pected or if the animal in quar- antine dies within the quarantine period, it shall be the duty of the County Health Officer to cause the detachment without .mutilation, the head of the ani- mal and forward it to one of the State Board of Health Laboratories for pathological examination. (d) If the report of the pathological examination indicates a positive diagnosis of rabies, the County Health Officer shall invoke an area -wide quarantine for a mini- mum period of sixty (60) days. § 701.48 ANIMALS CONTROLLED § 701.49 During such quarantine the owner of an animal shall confine his animal to his property and shall not permit the animal, under any circumstances, off his pro- perty or premises. (e) The owner of any dog or cat vacci- nated with an approved anti -rabies vaccine within the past twelve (12) months, except such dog or cat exempted from the vaccination in Sec. 701.66, after receiving approval of the County Health Officer, may have such dog or cat quarantined and confined in a place other than that specified in Sec. 701.48 (b). If the ani- mal is quarantined at a place other than the places specified in Sec. 701.48 (b), and at any time during the quarantine it is determined by the County Health Officer that the quarantine is not properly maintained in order to insure isolation of the animal, the privilege of this exemption shall become inappli- cable. In the event this exemp- tion shall become inapplicable, the Impounding Officer, at the owner's expense, shall impound the animal in the County Pound, (Ord. No. 10-70 §• 4, 20 Oct. 1970). Sec. 701.49 Surrender of Animal For Quarantine or Destruction. Any person who shall fail to surrender any animal for quarantine or destruction as re- quired herein, when demand .is made therefor by the County Health Officer or the Impounding Dfficer at the direc- of. the County Health Officer•, §.701.49 ANIMALS CONTROLLED § 701.53 shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.50 Killing or Removal From Brevard County of Rabid Animal. Any person, except as provided in Sec. • 701.48 (a) who shall kill, or cause to be killed, or remove from Brevard County, Florida any rabid animal, any animal suspected of having or showing suspicious symptoms of rabies or any other infectious or contagious disease or unusual behavior, or any animal biting a human, without consent of •the County Health Officer, shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. N.o. 10-70 § 4, 20 Oct. 1970),. Sec. 701.51 Surrender of: Carcass Of Rabid Animal. Any person who., upon demand, shall not surrender to the County Health Officer the carcass of any dead animal exposed to or suspected of having been exposed to rabies shall be guilty of a misdemeanor and punished as provided for in Sec. 701.87 of this Ordinance. (Ord. No. 10-70 •§ 4, 20 Oct. 1970). Sec. 701.52 and. 701.53 Reserved for future expansion. §.701.54 ANIMALS CONTROLLED § 701.55 Sec. 701.54 License Certificate Required. Every person who owns, keeps, or harbors within Brevard County any dog or cat over the age of four (4) months shall obtain a Brevard County Animal License for such dog or cat, ex- cept that no License shall be issued unless such dog or cat shall have been innoculated against rabies as herein provided. Such License shall be valid for one (1) year after the date of vaccination. The License Certificates shall have printed thereon a number which corresponds to a license indenti- fication number as_required in Sec. 701.55 and the date of vaccination and type of vaccine administered, the person who administered the vaccine, the name, address and telephone number of the owner, the breed, age, sex, color, and markings of the animal and other per- tinent facts for proper identification of the animal. (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.55 License Tag. Each dog or cat licensed as provided for in Sec. 701.54 shall be issued a metallic license tag or shall be marked or tagged by a method approved by the Animal Con- trol Officer, Such tag or mark shall have a license indentification number which corresponds to the number on the License Certificate. The color of the metallic license tag shall be changed each calendar year. No other license § 701.55 ANIMALS CONTROLLED § 701.57 identification tags or marks shall be valid under the provisions of this Ordinance. No license identification tags or marks issued for one animal shall be valid for. another animal. (Ord. No. 10-70 § 4, 20 Oct 1970). Sec. 701.56 Issuance of License Cer- tificate and Tag. The Brevard County License Certificate and license tag or mark shall be issued by: (a) The Impounding Officer, or (b) Any veterinarian who is herein authorized to administer anti- rabies innoculations and who agrees to collect the fee for the License Certificates and license tag. Such Certificates shall be executed in triplicate. A copy of the License Certifi- cate shall be given to the owner of the animal, to the Impounding Officer and to the person admin- istering the innoculation. The copy retained by the veterinarian shall be deemed to be the Certi- ficate of Vaccination required in Sec. 701.65 (b). (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.57 License Tag to be Atta- ched to Collar or Harness of Animal. The metallic license tag shall be attached to the collar or harness of the dog or'cat and shall be worn at all times. (Ord. No. 10-70 § 4, 20 Oct. 1970). § 701.58 ANIMALS CONTROLLED § 701.61 Sec. 701.58 Cost of License. Th.e cost of each Brevard County Animal License shall be Two Dollars '($2.00): (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.59 Issuance of Duplicate Tag. In the event of loss or destruction of the metallic license tag issued pursuant to Sec. 701.55, the owner shall obtain a duplicate tag.. The duplicate tag shall be issued at a cost of One Half Dollar ($.50). (Ord. No. 10-70. § 4, 20 Oct 1970). Sec. 701.61 Requirements. (a) Exceptions to Licensing The licensing requirements of. this section shall not apply to dogs trained to assist or aid disabled or handicapped persons; provided, however, such dogs are actually being used for the purpose of assisting or aiding such persons. .(b) The licensing requirements of this section shall not apply to animals whose owners are not residents of Brevard County. For purposes of this Ordinance, any person who shall live in Brevard County for more than twenty. —eight (28) consecutive days shall be deemed to be a resident of Brevard County. (c) The licensing requirements of this section shall not apply to the owners and operators of a kennel which is licensed as provided for in this Ordinance. (Ord. No. 10-70 § 4, 20 Oct. 1970). ti § 701.62 ANIMALS CONTROLLED § 701.65 Sec. 701.62 and 701.63 reserved for future expansion. Sec. 701.64 Vaccination of Dogs and Cats. Each year every person who shall own, keep or harbor any dog or cat over the age of four (4) months within Bre- vard County shall have such dog or cat vaccinated against rabies with a vaccine approved of by the County Health Officer. The County Health Officer shall only designate anit-rabies vaccines produced or manufactured by authorities licensed by the United States Department of Agri- culture. (Ord. No. 10-70 § 4, 20 Oct. 1970) . Sec. 701.65 Administration of Rabies Vaccination. (a) All veterinarians actively en- gaged in the practice of veter- inary medicine in Brevard County, who are duly registered and li- censed as such by the State of Florida, are hereby authorized to vaccinate dogs and cats against rabies. (b) Any authorized veterinarian who shall administer any anti -rabies innoculation shall execute, in duplicate, a Certificate of Vac- cination; provided, however, that any veterinarian who issues the Brevard County Animal License and license tag shall not be required to execute and issue a Certificate of Vaccination. The § 701.65 ANIMALS CONTROLLED § 701.67 Certificate of Vaccination shall state the date of vaccination and type of vaccine administered, the person who administered the vaccine, the name, address and telephone num- ber of the owner, the breed, age, sex, color and markings of the ani- mal and other pertinbnt facts for proper identification of the animal. One copy of the Certificate shall be given to the owner and one retained by the person administering the innoculation. (Ord. No. 10-70, § 4 20 Oct 1970). Sec. 701.66 Exceptions to Vaccination Requirements. Nodog or cat shall require vaccination if: (a) A licensed veterinarian has ex- amined the animal and certified that at such time vaccination would endanger its health because of its age, infirmity, debility, illness or medical consideration; and (b) A certificate evidencing such exception be presented to the Impounding Officer within five (5) days of such examination. Such exempt animal shall be vaccinated against rabies as soon as its health permits, and then shall be licensed as required in Sec. 701.54. (Ord. No. 10-70 § 4,.20 Oct. 1970). Sec. 701.67 Cost of Vaccination. The cost of the rabies vaccination shall be borne by the owner of the animal. (Ord. No. 10-70 § 4, 20 Oct. 1970). § 701.68 ANIMALS CONTROLLED § 701.71 Sec. 701.68 through 701.70 Reserved for future expansion. Sec. 701.71 Annual Kennel License Required. (a) Every person who owns or operates a kennel shall pay an annual license fee of Fifteen Dollars ($15.00); provided, however, that any person owning or operating such kennel may elect to license individual dogs or cats as pro- vided in Sec. 701.54. Violation of this section shall be a mis- demeanor and punishable as pro- vided for in Sec. 701.87 of this Ordinance. (b) All kennel licenses shall be issued for one (1) year beginn- ing with the 1st day of April. Applications for licenses shall be made to the Animal Control Officer and may be made prior to and for thirty (30) days after the start of the licensing year without penalty, but when appli- cation is made after thirty (30) days of the licensing year have elapsed, the applicant shall be assessed a penalty of fifty per cent (50%) of the license fee which amount shall be added to and collected with the regular license fee; provided, however, no penalty shall be assessed against the owners and operators of kennels which were not sub- ject to licensing until after the start of the licensing year, if the license is secured within thirty (30) days after beginning any operations as a kennel. § 701.71 ANIMALS CONTROLLED § 701.75 (c) The owners and operators of any kennel shall properly feed and care for all animals in their care. The premises of said kennels shall be periodically inspected during reasonable business hours of said estab- lishment by the County Health Officer. The County Health Officer shall issue a Notice of Violation if any kennel is not kept in a clean 'and sani- tary condition. Said premises shall be re -inspected within three (3) days after the issuance of said Notice of Violation. Failure to correct the unclean and unsanitary con- dition shall be deemed a vio- lation and punishable as pro- vided for in Sec. 701.87 of .this Ordinance. The County Health Officer shall close the kennel and revoke its license or file .a complaint with the County Solicitor of Brevard, County, Florida. (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.7.2'through.701.74 Reserved for future expansion. Sec. 701.75 Disposition of Dead Animals. (a) Any dead animal weighing more than one hundred (100) pounds, or any animal killed or found dead on public property, or any other dead animal, upon request of the owner, shall be 5 701.75 ANIMALS CONTROLLED 5 701.85 disposed of by the Impounding Officer. (b) Any person may, on his own real property, bury or dispose of any dead animal weighing one hundred (100) pounds or less; provided such person complies with the rules and regulations for the disposition.of dead animals es- tablished by the Brevard County Health Department. (c) The Impounding Officer shall charge and collect from the owner, if any, for the disposi- tion of dead animals,. a fee of Twenty -Five Dollars ($25.00); provided, however, that the fee shall be Fifty Dollars ($50.00) if said Officer is not notified of the death of an animal within forty-eight (48) hours of its death. (Ord, No. 10-70 5 4, 20 Oct. 1970). Sec. 701.76 through 701.84 Reserved for future expansion. Sec. 701.85 Animal Control Records Required'. (a) It shall be the duty of the Impounding Officer to keep, or cause to be kept, accurate and detailed records of the licensing, impoundment, and disposition of all animals coming into his custody. § 701.85 ANIMALS CONTROLLED § 701.86 (b) It shall be the duty of the Impounding Officer to keep, or cause to be kept, accurate and detailed records of all monies belonging to Brevard County. Such records shall be open to inspection at reasonable times by such peFsons responsible for similar records of Brevard County, and shall be audited by Brevard County annually in the same manner as other County records are audited. (c) It shall be the duty of the County Health Officer to keep, or cause to be kept, accurate and detailed records of all bite cases reported to him, and his investigation of same. (Ord. No. 10-70 § 4, 20 Oct. 1970). Sec. 701.86 Exemptions from Ordinance. Hospitals, clinics and other premises, exempt kennels, operated by licensed veterinarians for the care and treatment of animals are exempt from the provisions of this Ordinance, except where expressly stated; provided, however, that this sec- tion shall not be deemed to preclude a kennel, as herein defined, from existing at the location of exempt facilities. (Ord. No. 10-70 § 4, 20 Oct. 1970). § 701.87. ANIMALS CONTROLLED § 701.90 Sec. 701.87 Penalties for Violation 'of Ordinance. Any person violating or deemed in violation of any of the provi- sions of this Ordinance, shall be guilty of a misdemeanor and punished by a fine of not more than $100.00, or by imprison- ment for not more than 30 days, or by both fine and imprisonment. Each day or fraction thereof the violation continues shall be considered as a separate offense. (Ord. 10-70 § 4, 20 Oct. 1970 as amended by Ord. No. 19-74 § 1, 18 June 1974). Sec. 701.88 (Ord. No. 10-70, § 4.8T, 20 Oct 1970, repealed by Ord. No. 19-74, § 2, 18 Jun 1974). Sec. 701.89 Copy of Regulations to All Owners. Upon receipt of a Brevard County Animal License and metallic tag, the owner shall be given without charge a summarized codification of the rules and regulations set forth herein. (Ord. No. 10-70 § 4, 20 Oct 1970). Sec. 701.90 Operative in Unincorporated Areas; Agreements with Municipalities. This Ordinance shall apply to and be en- forced.in all areas of Brevard County, Florida, not within the boundaries of any municipality in the County; provided, however, that the Board may enter into an agreement with any or all of the several municipalities in the County to provide for the employment of any personnel and for the use of any facilities provided for in § 701.90 ANIMALS CONTROLLED ' § 701.91 this Ordinance; provided that no.agree- ment made by the Board shall be opera- tive and effective unless the municipali- ty which is or is to be a party to the agreement has duly adopted and enacted the provisions of this Ordinance. Any municipality may adopt and enforce additional regulations governing animal control within the boundaries of such municipality; provided, that any such municipal regulations shall not conflict with the provisions of this Ordinance, and that the personnel necessary for and costs of enforcement of such addi- tional municipal regulations shall be borne by the municipality. (Ord. No. 10-70 § 4, 20 Oct 1970). Sec. 701.91 Severability. The pro- visions of this Ordinance shall be deemed to be separate and independent of all other provisions herein and if any provisions of this Ordinance are declared invalid or void for any reason, the invalidity thereof shall not affect the remaining provisions of this Ordi- nance. ..(Ord. No. 10-70 § 4, 20 Oct 1970). § 721.19 OCC. LICENSES § 721.19 (B) Any person violating any of the provisions of this chapter shall be punished as provided in § [Ord. No. 11-72, § 20, 5 Sept. 1972] 4' r' r, § 723.01 OCCUPATIONAL PERMITS. § 723.01 CHAPTER 723 SPECIAL OCCUPATIONAL PERMITS Sec. 723.01 Registration of Persons Engaged in Certain Occupations A. Any person who is now engaged in or may hereafter 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 . department, and be fingerprinted and photographed 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 re— pair 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 § 723.01 OCCUPATIONAL PERMITS § 723.02 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 businnes). (4) Each astrologer, fortune- teller, palmist, hypnotist, mind- reader, medium, character reader, clairvoyant. (0rd. No. 21-66 §1, 20 Sep 1966, a/a/b 0rd. No. 21-74 § 1, 16 Jul 1974). Sec. 723.02 Procedure for Registration, Fingerprinting and Photographing. (A) Every person required to register under the provisions 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 pro-. vided by the Police Department, which form shall contain spaces in which the following information concerning the registrant shall be written. (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, r.' § 723.02 OCCUPATIONAL PERMITS § 723.02 (4) ;If applicable, the place where such c1rime 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 residence, 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, apartment 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. § 723.02 OCCUPATIONAL PERMITS. § 723.03 (10) Last place of employment, and a list of all places where such per- son has lived or worked or resided within the past five years. B. At the time of such registration, each registrant shall permit the Police Department to fingerprint and photograph the registrant. 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 consti- tute a violation of this Ordinance, (Ord. No. 21-66, § 2, 20 Sep 1966, as amended by Ord. No. 21-74 § 1, 16 Jul 1974). (1) When to Register. All persons described in § 723.01, who may desire to become employed in such an occupa- tion, shall register before accept- ing or beginning such employment. (Ord. No, 21-66 § 2, 20 Sep 1966, 21-74 § 1, 6 Jul 1974). Sec. 723.03 Identification Cards, Every person required to register under the provisions of § 723.01 shall be issued an identification card by the Police Depart- ment after such person has duly registered. The identification card shall be stamped with "TEMPORARY" and such temporary regis- tration card shall entitle the registrant to continue or to accept employment for a § 723.03, 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 work "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 employment 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 con— tinue to engage in any kind of employment 'requireing an identification card under the provisions of § 723.01 shall apply for a new card as provided herein. In the event that any registrant, while holding a valid identification card under the provisisons of this Chapter OCCUPATIONAL PERMITS 5723.03 § 723.03 OCCUPATIONAL PERMITS § 723,05 shall be convicted of a crime constituting a felony, or a crime involving moral turpitude, lewd acts, sexual perversion or deviation, such registrant's identification card may be revoked by the Chief of Police. [Ord. No. 21-66, §3, 20 Sept. 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 occupation 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 identification card, it shall be unlawful for such person, firm or company to con- tinue 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 Sept. 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 iuisleading information or.'statement in Connection with such registration. [Ord. No. 21-66, §5, 20 Sept. 1966]. § 723.06 ! OCCUPATIONAL PERMITS § 723.07 Sec. 723.06 Notification of Change of Address - Any person who is required to register under the terms of this Chapter shall inform the Police Department in writing of any change in the registrant's residence or business address, or occupation, within seventy-two (72) hours after such change is made. [Ord. No. 21-66,. §6, 20 Sept. 1966]. 723.07 Records to be Kept Confidential - All statements furnished in connection with the registration of any person under the provisions of this Chapter shall be kept at all times in a confidential file by the Police Department, separate and apart from other files and records kept and maintained by the Police Department, and the said file shall not be open to inspaceiton by the public, but shall be inspected only by the Municipal Judge, City Attorney, City Prosecutor, City Manager and members of the Police Department, or other law enforcement • officers. It shall be unlawful for any person having access to such confidential file to discolse information contained therein to any person not entitled to have such information. The Chief of . Police is hereby given the authority to transmit copies ofsuch 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 engaged 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 ,_ % § 723.07 OCCUPATIONAL PERMITS § 723.08 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 investigation of any crime or of any person who is accused of committing a crime, and further stating that the record will be used only for such purpose. [Ord. No. 21-66, §7, 20 Sept. 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 imprisonment. [Ord. No. 21-66, §8, 20 Sept. 1966 as amended by Ord. No. 21-74, §1, 16 July 1974]. • • • I :7-1 al e 7 • 7,i, '.) 1:•=-4•""r/9 • • § 725.01 TAXI REG. CHAPTER 725 TAXI REGULATION § 725.01 Sec. 725.01 Definitions. The following words and phrases when used in this Chapter have the meanings as set out herein: CaZZ box stand means a place alongside a street or elsewhere, where the City Chief of Police has authorized a holder of a certificate of public convenience and necessity to install a telephone or call box for the taking of calls and the dispatching of taxicabs. Certificate means a certificate of public convenience and necessity issued by the City Council of the City of Cape Canaveral, Florida, authorizing the holder thereof to conduct a taxicab business in the City. City means the City of Cape Canaveral, Florida. Cruising means the driving of a taxicab on the streets, alleys, or public places of the City in search of or soliciting prospective passengers for hire. Council means the City Council of the City of Cape Canaveral, Florida. Driver's permit means the permission granted by the Chief of Police to a person to drive a taxicab upon the streets of the City. Holder means a person to whom a certificate of public convenience and necessity has been issued. Manifest means a daily record prepared by a taxicab driver of all trips made by such driver § 725.01 TAXI REG. § 725.02 showing time and place of origin, destination, number of passengers, and the amount of fare of each trip. Open stand means a public place alongside the curb of a street or elsewhere, in the City, which has been designated by the Chief of Police as reserved exclusively for the use of taxicabs. Person includes an individual, a corporation or other legal entity, a partnership, and any unincorporated association. Rate card means a card issued by the owner for display in each taxicab which contains the rates of fare then in force. Taxicab means a motor vehicle regularly engaged in the business of carrying passengers for hire, having a seating capacity of less than seven (7) persons and operated wholly or princi- pally within the corporate limits of the City. Taximeter means a meter instrument or device attached to a taxicab which measures mechanically the distance driven and the waiting time upon which the fare is based. Waiting time means the time when a taxicab is not in motion from the time of acceptance of a passenger or passengers to the time of discharge, but does not include any time that the taxicab is not in motion if due to any cause other than the request, act or fault of a passenger or passengers. [Ord. No. 9-68, § 1, 1 Oct. 1968] Seca 725.02 In General. (A) Application of article. All persons operating buses, taxicabs or other motor vehicles § 725.02 TAXI REG. § 725.03 for the transportation of persons for hire upon the streets, avenues and roadways of the City under authority of franchise, license or other permit granted or issued by the City shall, in addition to all other lawful regulations, be bound by the provisions of this article insofar as such provisions shall be applicable to each and every such person. (8) Enforcement by Police Department. The Police Department is hereby given the authority and is instructed to watch and observe the conduct of holders and drivers and to enforce this Section according to law and report any violation of rules and regulations to the legislative body that would revoke the certificate of public convenience of the holder. (C) Exemption. Taxicabs operating wholly or principally without the City shall not be subject to this Chapter and shall be permitted to deliver or discharge passengers within the City. Exempt taxicabs, as set forth herein, shall not be authorized the use of taxicab or bus stands within the City or the obtaining of passengers within the City without being subject to the provisions of this Chapter. [Ord. No. 9-68, § 2, 1 Oct. 1968] Sec. 725.03 Certificate of Public Convenience and Necessity Required. No person shall operate or permit a taxicab, motor vehicle for hire, or bus owned or controlled by him to be operated as a vehicle for hire upon the streets of the City without having first obtained a certificate of public convenience and necessity from the Council. (A) Application for Certificate. An applica- tion for a certificate shall be filed with the • Clerk of the City upon forms provided by the City. 3 § 725.03 TAXI REG. § 725.03 Such applications shall be verified under oath and shall furnish the following information: (1) The name, residence address, and proposed place of business of the applicant; if the applicant be a copartnership, the application shall give the names and residence addresses of the copartners; if the applicant be a corporation, the application shall set forth the name of the corporation and the residence addresses of its officers and board of directors. (2) The financial status of the applicant, including the amounts of all unpaid judgments against the applicant and the nature of the transaction or acts giving rise to such judgments. The experience of the applicant in the transportation of passengers. Any facts which the applicant believes tend to prove that public convenience and necessity require the granting of a certificate. The number of vehicles to be operated or controlled by the applicant and.the loca- tion of proposed depots and terminals. The color scheme or insignia to be used to designate the vehicles of the applicant. The proposed time schedule of operation and the rates of fare to be charged, which rates, when approved, shall not thereafter be increased or decreased without the prior approval of the City Council. § 725.03 (8) (9) (8) Effect TAXI REG. § 725.03 Such further information as the Council may require. Such application shall be accompanied by a tender of the license fee as provided by this Chapter. Hearing on Application for Certificate, of Denial, and Matters Considered. (1) Upon filing application and payment of fees, the Council shall fix a time for hearing and acting upon such application. Notice of such hearing shall be given to the applicant and all other operators of any hack, taxicab, motor bus or other public vehicle for the carriage of passen- gers for hire within the City. Such notice shall contain a brief summary of the subject matter of the application, the type of service proposed, the territory to be served and any other pertinent facts in connection therewith, and shall be mailed at least ten (10) days prior to the date assigned for hearing of such application. At the time specified in such notice or at such subsequent time as may be fixed by the Council, a public hearing upon such application shall be held by the legislative body. At or after such hearing, the Council may issue a certificate of public convenience and necessity,.or may issue the same with modifications or upon such terms and conditions as in its judgment the public convenience and necessity may require, taking into consideration the effect that the granting of such certificate may have upon transportation facilities within the territory sought to be served by the § 725.03 TAXI REG. § 725.03 applicant and also the effect upon transportation as. a whole within the City. (2) When any such application is heard and denied, the legislative body shall not thereafter entertain any further application covering the identical or similar routes, schedules or services until the expiration of at least three (3) months from the date of such denial. (3) In making the above findings, the City shall take into consideration the number of similar vehicles already in operation, whether existing transportation is adequate to meet the public need, the probable effect of increased service on local traffic conditions, and the character, experience and responsibility of the applicant. (C) Issuance of Certificate; Contents (1) If the City finds that further transportation service in the City is required by the public convenience and necessity and that the applicant is fit, willing, and able to perform such public transportation and to conform to the provisions of this article and the rules promulgated by the City, then the City body shall issue a certificate stating the name and address of the appli- cant, the number of vehicles authorized under such certificate and the date of issuance; otherwise, the application shall be denied. (2) Every certificate of convenience and necessity issued under the provisions of this article shall contain among other 6 § 725.03 (3) TAXI REG. § 725.03 things, the following: the rates of fare to be charged, the color scheme or insignia to be used, and such additional terms, conditions, provisions, and limitations as the legislative body shall deem proper or necessary in the public interest. Each automobile for hire subject to the provisions of this article shall display in a conspicuous place the certificate of public convenience and necessity. (D) Insurance Required (1) No certificate of public convenience and necessity shall be issued or continued in operation unless there is a full force and effect, public liability insurance and property damage insurance for each taxicab to be so operated under such certificate as follows: public liability for not less than Twenty-five Thousand Dollars ($25,000.00) for each person who may be injured and a coverage of Fifty Thousand Dollars ($50,000.00) for each accident, and property damage insurance .._ for not less than Ten Thousand Dollars ($10,000.00) for any one accident. (2) Such policies of insurance shall be delivered to the City Clerk simultaneously with the receipt of such certificate from said Clerk, and such applicant shall pay the premiums on each policy. Such poli- cies shall remain on file with the said Clerk of the City as long as said certi- ficate is in force and not revoked. Such policies of insurance shall have a provision incorporated therein to the effect that the insurance company or companies writing the § 725.03 TAXI REG. § 725.05 same shall have no right to cancel such policies without giving the City not less than ten (10) days written notice of such cancellation. (E) Transfer of Certificates. No certificate of public convenience and necessity may be sold, assigned, mortgaged or otherwise transferred without the consent of the legislative body. (Ord. No. 9-68, § 3, 1 Oct. 1968] Sec. 725.04 Occupational License. The license tax for the occupation of operating a taxicab company shall be computed and calculated on the basis of the number of vehicles used by each taxicab company and shall be chargeable at the rate of Twenty-five Dollars ($25.00) per year per cab, beginning with the license year, and in addition thereto, each company shall pay a license fee of Seventy-five Dollars ($75.00). [0rd. No. 9-68, § 4, 1 Oct. 1968] Sec. 725.05 Cancellation, Revocation, Suspension of Certificates, Licenses. (A) The City, by and through its Council, shall have the right to cancel and revoke any such certificate and license for good cause shown. Such cause authorizing such revocation and cancellation of said certificate or license shall be any violation of the provisions of this chapter with respect to charges made by taxicabs in hauling passeners, disregard of traffic rules and regulations, failure to carry such insurance, failure to pay the premiums on said insurance, failure to keep said taxicabs at all times in good repair and running order, as may be determined by the Chief of Police, violation of any of the ordinances of the City, and any other reasonable regulation which may hereafter be promulgated by § 725.05. the Council. (B) A certificate issued under the provisions of this Chapter may be revoked or suspended by the legislative body if the holder has: (1) Violated any of the provisions of this Chapter. (2) Discontinued operations for more than ten (10) consecutive days in any one period. TAXI REG. § 725.06 (3) Has violated any provision of this Code or the laws of the United States or the State of Florida, the violations of which reflect unfavorably on the fitness of the holder to offer public transportation. [Ord. No. 9-68, § 4, 1 Oct. 1968] Sec. 725.06 Drivers' Permits Required; Display. (A) No person shall drive any hack, taxicab, motor bus, or other vehicle for the transporting of passengers for hire upon the streets of the City without having first obtained a permit therefor. The permit, when issued, shall be displayed in a conspicuous place in the vehicle so operated by the holder of this permit so as to be easily seen by any person occupying said taxicab. This shall apply while the driver is in possession or operating the vehicle for hire. (B) Application for Driver's Permit. An application for a driver's permit shall be made in writing to the Chief of Police upon a form provided by him, and shall furnish the following information: (1) Name and address of the applicant. § 725.06 TAXI REG. § 725.06 (2) Place or places of residence for the past five (5) years. (3) Age, height, color of eyes and hair and date of birth. (4) Place of birth. (5) Places of previous employment, for the last two (2) years. (6) Marital status. (7) Whether the applicant has ever been convicted of a felony or a misdemeanor, where and when. (8) Whether he or she has ever held a taxicab driver's or chauffeur's license, and if so, when and where. (9) Whether such license has ever been revoked, and if so, for what cause. (10) Whether his or her state operator's license has ever been revoked, suspended, or has any restrictions. (11) The names of three (3) reputable persons who have been personally acquainted with the applicant for a period of at least one (1) year. (12) Any other facts or information as the Chief of Police may require. (13) Any other facts deemed important by the applicant that he or she may wish to submit. Each application shall be accompanied with a health /C1 § 725.06 TAXI REG. § 725.06 certificate! from a physician acceptable to the City certifying that the applicant is of sound physical health, sound physique, is not addicted to the use of drugs and intoxicants, has good eyesight and hearing, is not subject to heart disease, vertigo, epilepsy, or any disease which might affect the operation of motor vehicle, and is not affected with any infectious or• venereal disease. Each application shall also be accompanied by three (3) prints of a recent photograph of the applicant of a size to be designated by the Chief of Police. (C) Qualifications for Taxicab Drivers: Investigation Authorized; Issuance of Permits: Fee. To be issued a taxicab driver's permit, an applicant must meet the following requirements: (1) Must be at least twenty-one (21) years of age. (2) Must have a chauffeur's license issued by the State of Florida. (3) Must be able to read and write the English language. (4) Must be of good moral character. (5) Must not have been convicted of a felony within the preceding five (5) years. (6) Must not have been convicted of three (3) or more misdemeanors within the prec&ding year. § 725.06 TAXI REG. § 725.06 The Chief of Police shall investigate all applicants for taxicab permits. Once the Chief of Police has determined that the applicant has provided all of the information required on the application for driver's permit, as required by the previous sub -section, in that he has met all the qualifications listed above, he shall then grant said applicant a taxicab drivers' permit, after payment of the permit fee of $10.00. (Ord. No. 18-76, § 1, 7 Sep. 1976). The Chief of Police shall have the authori- ty to waive the requirements of this para- graph in his discretion and upon good cause being shown. (Ord. No. 2-77, § 1, 1, Mar. 1977). (D) Term, Renewal of Drivers' Permits. All taxicab drivers' permits shall expire on the first business day of January of each year, unless previously revoked by . the Chief of Police or legislative, body. Permits shall be renewed by filing renewal applications and paying the permit fee of Three Dollars ($3.00),_ However, no inves- tigation need be made by the Chief of Police and no new fingerprints need to, be taken. Every permitted ,driver shall submit to the Police Department with his or her permit renewal application every year, three (3) prints of a recent photo- graph of himself or herself of a size to be designated by the Chief of Police. Each application for a reteWal shall be accompanied by a health certificate from a physician acceptable to the City. The Chief may refuse to renew a taxi- cab driver's permit for any of the reasons listed for permit revocation, subject to the right of the appli- is § 725.06 TAXI REG. §. 725.06 cant to'demand a public hearing before the legislative body. (E) Revocation, Suspension of Driver's Permits. A taxicab driver's permit may be suspended by the Chief bf Police for a period of not more than ten (10) days, or revoked by the Chief of Police for any of the following reasons and for other proper reasons: Cl) Proof that the permittee is not of good moral character, has been convicted of a felony, or is addicted to the use of narcotics or intoxicants. (2) Suspension or revocation of his or her State operator's or chauffeur's license. (3) Proof that the permittee has been convicted of three (3) or more misdemeanors within the preceding year. (4) Proof that the permittee is a poor or reckless driver. (5) Evidence of had health or physical disability. (6) Proof that the information on the taxicab driver's application is false. (7) (8) Violation of any of the provisions of this Chapter. Failure to conspicuously display the taxi- cab driver's permit in the taxicab while the taxicab is in operation. Notice of such suspension or revocation shall be sent to the permittee and to his employer, together with the reason for such action, and suspension § 725.06 TAXI REG. § 725.06 or revocation shall become effective immediately upon the delivery of said notice. The permittee shall have the right to demand a public hearing before the legislative body on such suspension or revocation. Henceforth, the person whose permit was revoked shall not operate a taxicab within the City unless the City Council shall vote at a public hearing to rescind said revocation or unless a new permit shall subsequently be issued to him or• her. No refund of permit shall be given to a person whose taxicab driver's permit has been suspended or revoked. (F) Driver's Permits for Portion of Year to Pay Full Fee; Refunds Prohibited. An applicant for a taxicab driver's permit shall pay the entire amount of the annual fee regardless of when the permit is issued. No refunds shall be made for permits. (G) Operating Taxicabs Without Permit Prohibited. Only drivers holding a valid permit issued by the City may operate taxicabs in the City. Any owner desiring to operate his or her taxicab must obtain a taxicab driver's permit and he or she shall be governed by all provisions in the same manner as any permitted driver. (H) Destroying, Defacing, Altering Driver's Permits. It shall be unlawful for any person holding a taxicab driver's permit to willfully alter, deface, obliterate or destroy the same or to.cause or permit it to be altered, defaced, obliterated or destroyed. (I) Duties of Owners of Vehicles. The owner shall notify the Police Department of the names and addresses of all taxicab drivers in its employ. It shall be the owner's responsibility to inform prospective drivers that they must obtain a /5/ § 725.06 j TAXI REG. § 725,07 taxicab driver's permit from the City. The owner must not permit drivers without a taxicab driver's permit to operate taxicabs or other vehicles for hire in the City. Violation of this provision shall cause automatic revocation of the owner's permit. All changes of residence of the owner or any driver shall be reported to the Police Department within three (3) days. Changes of location of the business shall be reported to the City Manager immediately. The owner shall notify the Police Department of any taxicab or other vehicle for hire which is being permanently taken out of service. [Ord. No. 9-68, § 6, 1 Oct. 1968] Sec. 725.07 Regulations - Drivers, Owners, Taxicabs. (A) Conduct of Drivers. No taxicab driver shall use indecent or profane language, be guilty of boisterous talking, shouting or disorderly conduct in the presence of any passenger, or vex or annoy any passenger. No driver shall use intoxicants either immediately before or while on duty. No driver shall use narcotics at any time. (B) Property Left in Taxicabs. All drivers of taxicabs shall promptly deliver to the Police Department all property left in such vehicles by passengers and all drivers failing to do so shall be deemed guilty of violating this Chapter. When articles left in such vehicles are delivered to the Police Department, the police officer on duty shall make an entry of the fact in a book provided for that purpose and shall keep all such articles until claimed by the owner, or disposed of pursuant to resolution of the legislative body. (C) Solicitation of Passengers by Driver. No driver shall solicit passengers for a taxicab /$. § 725.07 TAXI REG. § 725.07 except when sitting in the driver's compartment of such taxicab or while standing immediately adjacent to his vehicle at all times when such vehicle is upon 'the public street, except that, when necessary, a driver may be absent from his taxicab for not more than thirty (30) minutes, consecutively, and provided further that nothing herein contained shall be held to prohibit any driver from alighting to the street or sidewalk for the purpose of assisting passengers into or out of such vehicle. (D) Annoying Solicitations Prohibited. No driver shall solicit patronage in a loud or annoy-. ing tone of voice or by sign or in any manner. annoy any person or obstruct the movement of any persons, or follow any person for the purpose of soliciting patronage. (E) Passengers to be Received,.Discharged on Sidewalk or at Curb. Drivers of taxicabs shall not receive or discharge passengers in the road- way, but shall pull up to the right-hand sidewalk as nearly as possible or in the absence of a sidewalk, to the extreme right-hand side of the road and there receive or discharge passengers, except upon one-way streets, where passengers may be discharged at either the right or left- hand sidewalk or side of the roadway in the absence of a sidewalk. (F) Cruising not Permitted. No driver shall ,cruise in search of passengers. (G) Consent Required to take Additional Passengers; Fares for Additional Passengers. No driver shall permit any other person to occupy • or ride in such taxicab, unless the person or persons first employing the taxicab shall consent to the acceptance of additional passengers. No § 725.07 TAXI REG. § 725.07 charge will be made for additional passengers except in accordance with the schedule of the rates and fares as posted. (H) Number of Doors Permitted on Cabs and Number of Passengers Restricted. No driver shall permit more persons to be carried in a taxicab as passengers than the rated seating capacity of his taxicab as stated in the permit for such vehicle issued by the Police Department. A child in arms shall not be counted as a passen- ger. No taxicab shall operate under the provision of this ordinance unless it has four (4) doors. (I) Soliciting for Hotels or Houses of I11 Repute; Sealing Intoxicants; Vehicles Restricted. to Passenger Transportation. It shall be a violation of,this article for any driver of a taxicab to solicit business for any hotel, or attempt to divert patronage from one hotel to another. Neither shall such driver engage in selling intoxicating liquors or solicit business for any house of ill repute or use his vehicle .for any purpose other than the transporting of passengers. (J) Vehicles to be Marked. Every hack, taxicab, motor bus or other motor vehicle operated under the provisions of this Chapter shall have a sign attached to or printed on said vehicle, with either the words "public" or "taxicab," "Motor bus," or "for hire" thereon. (K) Vehicles to be Marked. Every bus, taxicab or other motor vehicle operated upon the streets, avenues, and roadways of the City under any franchise, license or other permit issued by the City and for the transportation of persons for hire shall be plainly and distinctly marked with the name of the person, firm, corporation or § 725.07 TAXI REG. § 725.07 other entity operating the.same, and such marking shall be upon each side of every such motor vehicle and marked in letters distinctly legible not less than four (4) inches in height. Where any person, firm, corporation or other entity shall have more than one bus, taxicab or other motor vehicle so operated upon the streets, avenues and roadways of the City, each and every bus, taxicab or other motor vehicle belonging to the same owner shall be numbered and so marked on each side and front and rear in letters and figures four (4) inches in height so as to classify and distinguish each such vehicle from all the other vehicles owned by the same owner. Each and every bus, taxicab and other motor vehicle with the capacity of more than five (5) passengers shall have the number of such bus, taxicab or other motor vehicle plainly marked in the upper right-hand corner of the interior if the owner thereof owns more than one of such buses, taxicabs or other motor vehicles, or with the name of such owner where the owner has only one. (L) Records Required. Every operator of buses, taxicabs or other motor vehicles, as defined in this ordinance, and employing drivers or chauffeurs to drive and operate the buses, taxicabs or other motor vehicles, and every such operator leasing or letting their buses, taxi- cabs or other motor vehicles to others to be operated by them and under their franchise, license or permit, shall keep and maintain records showing the name of the driver or chauffeur and the number of the bus, taxicab or other motor vehicle driven and operated by him on each and every mission, trip or period of time covered by the operation of such bus,. taxicab or other motor vehicle over and upon the streets of the City, and such records shall /d' § 725.07 TAXI REG. § 725.07 be open to inspection at all times during reason- able hours by any authorized representative of the City; and any such driver, chauffeur or lessee when driving or operating buses, taxi- cabs or other motor vehicles for the owner, shall be subject to the same penalties as the owner for the violation of any of its provisions in the operation of the bus, taxicab or other motor vehicle so driven or operated by them. (M) Taxi Stands. The.Chief of Police is hereby authorized and required to establish bus stops and taxicab stands and stands for other passenger common carrier motor vehicles on such public streets in such places and in such number as he shall determine to be of the greatest benefit and convenience to the public, and every such bus stop, taxicab stand or other stand shall be designated by appropriate signs. (N) Where Parking by Taxicabs, Buses Prohibited. The driver of a bus or taxicab shall not park upon any street in any business district at any place other than at a bus stop or taxicab stand, respectively, except that this provision shall not prevent the driver of any such vehicle from temporarily stopping in accordance with other stopping or parking regulations.- (0) Other Vehicles Prohibited in Bus, Taxicab Stands. No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when any such stop or stand has been officially designated and appropriately signed, except that the driver of a passenger vehicle may temporarily stop therein for the purpose of and while actually engaged in loading or unloading passengers when such stopping does not interfere. ! § 725.07 TAXI REG. § 725.07 with any bus or taxicab waiting to enter, about to enter such zone, or leaving such zone. (P) Color Scheme for Taxicabs. Every certifi- cate holder authorized to cperate one (1) or more taxicabs shall adopt and use, after the approval of the Chief of Police and City Manager has been secured, a distinctive, uniform and decorative color scheme for all taxicabs operated under the same certificate. (Q) Minimum Service Required. All persons engaged in the taxicab business in the City operating under the provisions of this article shall render an overall service to the public desiring_to use taxicabs. Holders of certificates of public convenience and necessity shall maintain a central place of business and keep the same open twenty-four (24) hours a day for the purpose of receiving calls and dispatching cabs. They shall answer all calls received by them for services! inside the corporate limits of the City as soon as they can do so, and if such services cannot be rendered within a reasonable time, they shall then notify the prospective passengers how long it will be before such call can be answered and give the reason therefor. Any holder who shall_ refuse to accept a call anywhere in the corporate limits of the City at any time when such holder has available cabs, or who shall fail or refuse to give overall service, shall be deemed a violator of this section and the certificate granted to such holder shall be revoked at the discretion of the Council. (R) Daily Manifests Required; Preservation. (1) Every owner shall maintain a daily manifest upon which are recorded all trips made each day, showing time and place of origin and • -7 0 § 725.07 TAXI REG. § 725.07 i' destination of each trip, number of passengers and amount of fare. The forms for each manifest kept by the owner shall be of a character approved by the City Manager. (2) Every holder of a certificate of public convenience and necessity shall retain and preserve all drivers' manifests in a safe place for at least the calendar year next preceding the current calendar year, and such manifests shall be available to the City Manager and the Chief of Police. (S) Special Contracts to be Filed. It shall be mandatory for all holders to file with the City Manager copies of all contracts, agree- ments, arrangements, memoranda, or other writings relating to the furnishing of taxicab service to any hotel, theater, hall, public resort, railway station or other place of public gather- ing, whether such arrangement is made with the holder of any corporation, firm or association with which the holder may be interested or connected. Failure to file such copies within seven (7) days shall be sufficient cause for the revocation of a certificate of any offending holder or the cancellation of any cab stand privileges. (T) Advertising on Cabs Permitted. Subject to the rules and regulations of the Council, it shall be lawful for any person owning or operating a taxicab or motor vehicle for hire to permit advertising matter to be affixed to or installed in or on such taxicabs or motor vehicles for hire. (U) Working Hours for Drivers; Log Required. It shall be unlawful for any driver or operator of a taxicab to drive or operate a taxicab for § 725.07 TAXI REG. § 725.07 more than twelve (12) hours within any twenty- four (24) hour period. A taxicab driver's log shall be kept in the taxicab at all times during its operation. (V) Permiting Use of Cabs for Prostitution Prohibited. It shall be unlawful for the driver of a taxicab operated in the City limits to permit any person to accompany or use such taxi- cab for the purpose of prostitution, lewdness, or assignation, or to direct, take or transport, or to offer or agree to direct, take or transport any other person with the knowledge or reasonable cause to believe that the purpose of such directing, taking, or transporting is for the purpose of prostitution, lewdness, or assignation. (W) Drivers to Comply with City, State, Federal Laws. Every taxicab driver licensed under this article shall comply with all City, State, and Federal laws. Failure to do so will justify the suspending or revoking of a driver's permit. (X) Taximeter. All taxicabs operated under the authority of this Chapter shall be equipped with taximeters fastened in front of the passengers, visible to the passengers or inspection officer at all times, day and night; and, after sundown, the face of the taximeter shall be illuminated. Said taximeter shall be operated mechanically by a mechanism of standard design and construction, dxiven either from the transmission or from one of the front wheels by a flexible and permanently attached driving mechanism. They shall be sealed at all points and connections which, if manipulated, would affect their correct reading and recording. Each taximeter shall have thereon a flag to denote when the vehicle is employed and when it is not employed; and it shall be the duty of the § 725.07 TAXI REG. § 725.08 driver to throw the flag of such taximeter into a nonrecording position at the termination of each trip. The said taximeters shall be subject to inspection from time to time by the Police Department. Any inspector or other officer of said Department is hereby authorized either on complaint of any person or without such complaint to inspect any meter and, upon discovery of any inaccuracy therein, to notify the person operating said taxicab to cease operation. Thereupon said taxicab shall be kept off the highways until the '• taximeter is repaired and in the required working condition. [Ord. No. 9-68, §7, 1 Oct. 1968]. • Sec. 725.08 Fares (A) Approval Every person owning, operating or controlling any motor vehicle operated as a taxicab within the limits of the City shall file with the City Clerk a schedule of the rates Or fares to be charged for transportation of passengers in such taxicabs, which rates or fares shall be approved by the Council, and all charges shall be strictly in accordance with such schedule. Such person may file an amended schedule of fares at any time, and such amended schedule shall show the date on which it is to become • effective and shall be approved by the legislative body. (B) Posting Each taxicab shall have posted in a conspicuous place therein a schedule • of rates for the transportation of persons within the corporate limits of the City, and no charges shall be made except as provided by the rates as posted. (C) Maximum* Fares Established The City Council shall, by resolution, adopt a schedule of rates for all taxi service within the City -- of Cape Canaveral, Florida. It shall be unlawful for the operator of any taxicab as a3 § 725.08 TAXI REG. § 725.09 herein defined to charge or collect or attempt to charge or collect any rate of fare in excess of the schedule of rates so adopted by the City Council of the City of Cape Canaveral, Florida. (Ord. No. 18-76 §1, 1 Sep 1976). (D) Refusing to Pay Fare Prohitibed; Right to Require Advance Payments. (1) It shall be unlawful for any person to refuse to pay.the legal fare of any of the vehicles mentioned in this article after having hired the same, and it shall be unlawful for any person to hire any vehicle herein defined with intent to defraud the person from whom it is ' hired of the value of such services. (2) Every driver of any public automobile, taxicab, or :rotor vehicle shall have the right to demand payment of the legal fare in advance and may refuse employment unless so prepaid. (Ord. No. 18-76 § 1, 7 Sep 1976). Sec. 725.09 Vehicle Inspection, License Required; Safety Regulations. (A) Vehicle Inspection Certificate Required. Prior to the use and operation of any vehicle under the provisions of this Chapter, the Police Department shall ascertain that said vehicle has affixed to its windshield a current State of Florida Inspection Certificate, as required by Florida law. The Police Department shall also determine that said vehicle is in lawful mechanical operating condition as re- quired by the Florida Statutes, and said vehicle shall contain and be equipped with all safety and regulatory devices as required by Florida Statutes. If the Police Department finds that the vehicle has met these standards, the § 725.09 TAXI REG. § 725.09 Department shall issue a permit to that effect which shall also state the authorized seating capacity of said vehicle. (B) When the Police Department finds that a vehicle has met the standards established by the Chief of Police, the Department shall issue a permit to that effect, which shall also state the authorized seating capacity of said vehicle. (C) Police Department Permit Required It shall be unlawful for any vehicle required to be inspected under this Chapter to be operated upon the streets of the City without first securing the permit described in the preceding paragraph from the Police Department, which permit shall be displayed at all times in said vehicle. (D) Vehicle Cleanliness Each taxicab licensed under this Chapter shall be clean and sanitary throughout and the owner shall be responsible for providing that the interior of said taxi is thoroughly cleaned at the end of each day of operation. (E) Frequency, Location of Regular Inspections; Reports; Special Inspections Every taxicab shall be inspected to determine that it has a current State of Florida vehicle inspection certificate and said vehicle's general overall appearance, at least two times a year, during the periods between April first and June first, and between October first and December first. This inspection shall take place at the Police Department of the City of Cape Canaveral, Florida, or at any other place designated by the Chief of Police. § 725.09 TAXI REG. § 725.11 A report of such inspection shall be submitted to the City Clerk within ten (10) days after the inspection has been made. The Police Department may make or cause to be made, special inspections of any licensed taxi whenever it feels the p',iblic safety would be served thereby. The Police Department shall have the right to inspect or check taxis at any tine in enforcing the provisions of this article. Whenever the Chief of Police or his duly designated officer determines that a licensed taxi is unsafe or unclean or in any manner is in violation of this Chapter, or any of the other provisions of the Florida law, he shall stop its operation in the City until the condition has been corrected. [Ord. No. 10-76, §1, 11 May 1976; Ord. No. 18-76, §1, 7 Sep. 1976]. Sec. 725.10 Appeal Procedure. Deci- sions rendered by the Chief of Police re- garding interpretation of §§ 725.06, 725.09 may be appealed by the person, Corporation or partnership so affected, to a three-man Board of Appeal, to be appointed by Council. Sec. 725.11 Penalty. Any person viola- ting any of the provisions of this Chapter shall be punished as provided in § 803.02. (Ord. No..9-68, .§ 11, 1 Oct. 1968). 1 § 733.01. ALCOHOL. BEV . SALE REG. § - 733 e:04 CHAPTER 733 ALCOHOLIC BEVERAGE SALE REGULATIONS Sec. 733.01 Time of Operation of Establishments Holding State Beverage License Regulated. Alcoholic beverages. may be sold, consumed or served in any place holding a license under the division of beverages between the following hours: Monday through Saturday 7:00 A.M. to 4:00 A,M,'the following morning, Sunday, 1:00 P.M. to 4:00 A.M. the following morning. This restriction does apply., to sale of off -premises consumption of, beer and wine. (Ord. No. 24-74, § 1,, 3, Sep. 197'4) . Sec. 733,02 Sunday Regulations. However, it shall be lawful -to sell, consume or serve beer and wine in any place holding a license under the Division of Beverages, between the hours of 7:00 A.M. and 1:00 P.M., on Sundays. (Ord. Nos. 24-74 & 23-72 amended by Ord. No. 2.9-74, § 1, 15 Oct. 1974) Sec. 733.03 Exception for New Year's Eve. Establishments within the City 'of Cape Canaveral, Florida, licensed by the Division of Beverage, may remain open all night on New Year's Eve, December 31st; and shall not be required to close at 4:00 A.M., January 1st, as provided in Section`733.`01. (Ord. No. 23-76, § 1, 21, Dec. 1976). Sec. 733.04 Penalty. Any person violating any of the provisions of this Chapter shall be punished as provided in § 801.02. (Ord. No, 23-72 § 4, 5, Dec. 1972). WM" § 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 con— victed in a court of competent jurisdiction of an offense punishable by this section shall be punished by a fine not to exceed three hundred dollars ($300.00) or by imprisonment not to exceed thirty (30) days or by both such fine and imprisonment. Sec. 801.03 Penalty — Anyone convicted in a court of competent juris— diction 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 con— victed 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 juris— diction 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 ($500.00), or by imprisonment not to exceed sixty (60) days, or by both § 801.05 PENALTIES § 801.05 such fine and imprisonment. (Ord. No.15-75 § 1,27 May 1975)