HomeMy WebLinkAboutcocc_ordinance_no_21-2024_202411191 ORDINANCE NO. 21-2024
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3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA; AMENDING SECTION 54-7 OF THE CITY
5 CODE RELATED TO HOURS OF OPERATION AND GENERAL USE
6 OF CITY PARKS FOR CITY ELECTRIC VEHICLE CHARGING
7 STATIONS; PROVIDING FOR THE REPEAL OF PRIOR
8 INCONSISTENT ORDINANCES AND RESOLUTIONS,
9 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
10 EFFECTIVE DATE.
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12 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
13 Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
14 law; and
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16 WHEREAS, the City, from time to time, may install City owned electric vehicle charging
17 stations for use by the general public on City owned property including City parks; and
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19 WHEREAS, when installed, the use of these electric charging stations will be subject to the
20 terms and conditions established by the City Council and such terms may include allowing the
21 public to utilize these stations during hours outside of general open park hours established by
22 the City; and
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24 WHEREAS, the City Council desires to amend the general open park hours established
25 under Section 54-7 to explicitly recognize that the City Council may provide a specific exception
26 and permit City electric vehicle charging stations installed within Cityparks to be utilized outside
27 of general open park hours if such use is permitted by administrative rule adopted by the City
28 Manager or the City Council by resolution; and
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30 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
31 ordinance to be in the best interests of the public health, safety and welfare of the citizens of Cape
32 Canaveral.
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34 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
35 ORDAINS, AS FOLLOWS:
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37 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
38 reference as legislative findings and the intent and purpose of the City Council of the City of Cape
39 Canaveral.
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41 Section 2. Amending Section 54-7 of the City Code. The City of Cape Canaveral Code
42 of Ordinances, Section 54-7, is hereby amended as set forth below (underlined type indicates
43 additions and st4keeut type indicates deletions, while *** indicate deletions from this Ordinance
44 of said Section 54-7 of the City Code which shall remain unchanged in the City Code):
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46
City of Cape Canaveral
Ordinance No. 21-2024
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1 Sec. 54-7. Hours of operation and general use of city parks.
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3 (a) All city parks shall be closed during the evening time period from dusk (sunset) to dawn
4 (sunrise) unless otherwise provided for herein. Signs stating park hours shall be posted
5 prominently in each city park.
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8 (c) The city council by resolution or the city manager by administrative rule may adopt more
9 restrictive or extended hours for any particular city park on a case -by -case basis if legitimate
10 circumstances warrant hours of operation different than those set forth in subparagraph (a) of this
11 section. Such basis may include, but shall not be limited to, allowing certain limited areas within
12 a city park to be open for extended hours to allow the charging of electric vehicles at city owned
13 or controlled electric vehicle charging stations provided the charging is occurring in a manner that
14 complies with the charging terms and conditions established by the city.
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19 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
20 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
21 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
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23 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
24 Canaveral City Code and any section or paragraph, number or letter and any heading may be
25 changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
26 like errors may be corrected and additions, alterations, and omissions, not affecting the
27 construction or meaning of this Ordinance and the City Code may be freely made.
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29 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
30 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
31 competent jurisdiction, whether for substantive, procedural or any other reason, such portion shall
32 be deemed a separate, distinct and independent provision, and such holding shall not affect the
33 validity of the remaining portions of this Ordinance.
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35 Section 6. Effective Date. This Ordinance shall become effective immediately upon
36 adoption by the City Council of the City of Cape Canaveral, Florida.
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38 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 19th day of November,
39 2024.
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41 ,w
42 APPIO;"
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Wes Morrison, Mayor
City of Cape Canaveral
Ordinance No. 21-2024
Page 2 of 3
1 ATTEST:
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3
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5 Mia Goforth, C
6 City Clerk
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13 First Reading: October 15, 2024
14 Advertisement: November 7, 2024
15 Second Reading: November 19, 2024
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17 Approved as to legal form and sufficiency
18 for the of Cape Canaveral only by:
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21 Anthony A. Garganese, City Attorney
Kim Davis
Mickie Kellum
Kay Jackson
Wes Morrison
Don Willis
For
mat1nn
SP'nnd
Against
City of Cape Canaveral
Ordinance No. 21-2024
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