HomeMy WebLinkAboutOrdinance No. 03-2007ORDINANCE NO. 03 -2007
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING CHAPTER 102. VEGETATION, OF THE CAPE
CANAVERAL CODE OF ORDINANCES RELATED TO LAND
CLEARING; PROVIDING FOR A DEFINITION OF
"DISEASED TREE "; 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, the Florida Constitution, Article II, Section 7, provides "it shall be the policy
of the State to conserve and protect natural resources and scenic beauty;" and
WHEREAS, the City Council is committed to preserving, enhancing, and creating green area
IL within the City and by assuring the preservation of existing trees on public and private property and
taking steps to require maintenance of existing and installation of new trees within the City; and
WHEREAS, trees aid in energy conservation by cooling the atmosphere, reduce air pollution
by removing particles such as dust and pollen, increase oxygen production, slow surface water run
off, reduce soil erosion, provide food, nesting and protection for wildlife, enhance scenic beauty, and
provide other environmental benefits; and
WHEREAS, the City Council recognizes that trees sometimes become infected with disease
that may substantially decrease the viability of the trees; and
WHEREAS, despite being infected with certain tree disease, some diseased trees may
remain viable for a period of years and in some cases, decades; and
WHEREAS, the City Council desires to provide an express definition for the term "diseased
tree" in its City Code in order to establish clear guidelines to citizens and city staff with regard to
permitting and removal of diseased trees; 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
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Ordinance 03 -2007
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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 102, Vegetation, ofthe Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and
strikeutit type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
text existing in Chapter 102. It is intended that the text in Chapter 102 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 102. VEGETATION
ARTICLE II. TREE PROTECTION
DIVISION 2. LAND CLEARING
Sec. 102 -36. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Diseased tree means a tree with a sustained or progressive impairment caused by tree disease
which seriously compromises the viability of the tree in that it is unlikely the tree will remain living
and viable for a period of more than three (3) years or the tree causes other imminent peril to viable
trees, existiniz structures or persons in the vicinity of the diseased tree Any claim that a tree is
diseased for puraoses of obtaining a land clearing permit pursuant to the requirements of this
division shall be certified in writing by a licensed arborist or other qualified tree expert deemed
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acceotable by the city and shall be considered by the city in issuinganv such Uermit
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts ofprior 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 5. 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 by the City Council of the City of Cape Canaveral, Florida.
(Adoption and Signatures on next page)
City of Cape Canaveral
Ordinance 03 -2007
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ADOPTED by the City Council of the City of Cape Canaveral,Florida,this 6"'day of March,
2007.
C;2tOC.)
ROCKY RANbELS, Mayor
ATTEST: For Against
Bob Hoog X
Leo Nicholas Second
Buzz Petsos X
Rocky Randels X
SUSAN STILLS,City Clerk C. Shannon Roberts Motion
First Reading: February 20,2007
Legal Ad published: February 24,2007
Second Reading: March 6,2007
Approved as to legal form and sufficiency for
the City o C• -- Canaveral only:
A THONY A. ARGANESE, City Attorney
City of Cape Canaveral
Ordinance 03-2007
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