HomeMy WebLinkAboutOrdinance No. 14-2009ORDINANCE NO. 14 -2009
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY FLORIDA,
AMENDING SECTION 74 -57 OF THE CODE OF
ORDINANCES TO IMPOSE A SURCHARGE ON ALL
PARKING FINES INCURRED IN THE CITY FOR THE SOLE
PURPOSE OF FUNDING SCHOOL CROSSING GUARD
PROGRAMS; ESTABLISHING THE "CAPE CANAVERAL
SCHOOL CROSSING GUARD FUND;" PROVIDING FOR
QUARTERLY DISTRIBUTIONS; PROVIDING THAT
PROCEEDS MAY BE RESERVED FOR START -UP AND
ONGOING ADMINISTRATIVE COSTS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES
AND RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, section 318.21 (11), Florida Statutes, authorizes the City to impose a surcharge
on parking fines for the sole purpose of funding school crossing guard programs by majority vote
of the City Council; and
WHEREAS, the City Council desires to impose a parking fine surcharge on parking fines
imposed in the City pursuant to section 74 -57 of the City Code; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this
reference as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. Chapter 74, Traffic and Vehicles, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
indicates additions and type indicates deletions, while asterisks (* * *)'indicate a deletion
from this Ordinance of text existing in Chapter 74. It is intended that the text in Chapter 74 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
City of Cape Canaveral
Ordinance No. 14 -2009
Page 1 of 3
CHAPTER 74, TRAFFIC AND VEHICLES
ARTICLE III. STOPPING, STANDING, PARKING
Sec. 74-57. Penalties.
Surcharge on parking fines.
A surcharge in the amount of $10.00 is hereby imposed on all parking fines
imposed under this article for parking violations occurring within the cit�for the
sole purpose of funding school crossing guard program
The proceeds collected from this surcharge shall be ,placed in the "Cape
Canaveral School Crossing Guard Trust Fund," which is hereby established and
funds collected from this surcharge shall be distributed quarterly - to -- fund school
d
City of Cape Canaveral
Ordinance No. 14 -2009
Page 2 of 3
La) Any person violating this article shall be punished in accordance with the schedule
as follows:
TABLE INSET:
Violation
Penalty
(1)
Parked in excess of authorized time..........
$30-00
(2)
Parked in no parking zone..........
30.00
(3)
Parked in loading zone..........
30.00
(4)
Parked in reserved zone without permit..........
30.00
30.00
s (5)
Parked irregularly (extending over boundary) ..........
� (6)
Parked in handicapped space..........
100.00
(7)
Parked double or obstructing traffic..........
30.00
(8)
Parked on sidewalk..........
30.00
(9)
Parked on ocean dunes..........
100.00
(10)
Parked in fire lane..........
30.00
(11)
Other..........
30.00
Surcharge on parking fines.
A surcharge in the amount of $10.00 is hereby imposed on all parking fines
imposed under this article for parking violations occurring within the cit�for the
sole purpose of funding school crossing guard program
The proceeds collected from this surcharge shall be ,placed in the "Cape
Canaveral School Crossing Guard Trust Fund," which is hereby established and
funds collected from this surcharge shall be distributed quarterly - to -- fund school
d
City of Cape Canaveral
Ordinance No. 14 -2009
Page 2 of 3
crossinia ivard programs. The city may set aside funds derived from this surcharge
y to pgy for start - up ,costs and recurring administrative costs related to printing new
tickets or other means of implementing the school crossingyuard program.
Section 3. Repeal of Prior Inconsistent ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
Section S. Severability. If any section, subsection, sentence, clause, phrase, word or
provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall
be deemed a separate, distinct and independent provision, and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption.byAe City of the City of Cape Canaveral, Florida.
w k � F' �f w ►
"
]OPTED 'by wthe 0ity Council of the City of Cape Canaveral, Florida, this 5th a of
. y
Ja, �uT
,.2010.
� - •-� -� - ROCKY RAN LS, Mayor
ATTEST: - - �L
- For Against
Bob Hoog X
-- Buzz Petsos Motion
AN ELA APB SON, City Clerk Rocky Randels �X,
C. Shannon Roberts X
Betty Walsh Second_
First Reading: December 15, 2009
Legal Ad published: December 21, 2009
Second Reading: January 5, 2010
Approved legal form and sufficiency for
the City C pe Canaveral only:
ANTHON . GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 14 -2049
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