HomeMy WebLinkAboutOrdinance No. 13-2010ORDINANCE NO. 13-2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 10, AMUSEMENTS AND
ENTERTAINMENTS, OF THE CODE OF ORDINANCES;
REGULATING OUTDOOR ENTERTAINMENT EVENTS;
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 City does not desire to exclude communication of a particular content but
instead desires to coordinate multiple uses of property, to assure preservation of property, and to
prevent uses that are dangerous, unlawful, or impermissible under the local, state, and federal
statutes or regulations, and
WHEREAS, regulations of the use of property that ensure the safety and convenience of the
people are not inconsistent with civil liberties but are one of the means of safeguarding the good
order upon which civil liberties ultimately depend. See Cox v. New Hampshire, 312 U.S. 569, 574
(1941); and
WHEREAS, without the necessity of the regulations hereunder, outdoor entertainment
events may create disturbances, become nuisances, menace life, limb, and property, or disrupt
traffic. See Shuttlesworth v. Birmingham, 394 U.S. 147 (1969); and
WHEREAS, the City Council finds that administrative determinations regarding closure or
gating of public property and streets are properly delegated to the city manager; and
WHEREAS, the City Council finds that administrative determinations regarding fee waivers
and deposits imposed for events hosted by the City, the Brevard County Sheriffs Office, the Cape
Canaveral Volunteer Fire Department, city - sponsored events, or nonprofit corporations are properly
delegated to the city manager; 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:
City of Cape Canaveral, Florida
Ordinance No. 13 -2010
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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 10, Amusements and Entertainments, of the Code of
Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows underlined type
indicates additions and s#ikeeut type indicates deletions, while asterisks ( * * *) indicate a deletion
from this Ordinance of text existing in Chapter 10. it is intended that the text in Chapter 10 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 10. AMUSEMENTS AND ENTERTAINMENTS
ARTICLE III. OUTDOOR ENTERTAINMENT EVENTS
DIVISION 1. GENERALLY
Sec. 10-47. Definitions.
Outdoor entertainment event shall mean any public celebration or gathering, conducted in whole or
in part in the open air, such as, but not necessarily limited to, athletic entertainments, carnivals,
dancing, concerts, block parties, dramatic productions, art exhibitions, parades or the sale of
merchandise, food or alcohol, or any combination of the foregoing, which . (1) I involves the use of
or impact to public or private property, or property dedicated exclusively for public use; and (2)W
where the nature of such outdoor entertainment event requires the erection of stages, barricades,
utility poles, booths, tents, or other temporary structures, or the use of parked vehicles or of
permanent structures; and/or_; and (3) which of necessity requires, for the outdoor entertainment
event's successful execution, the provision and coordination of municipal services to a degree
significantly over and above that which the city routinely provides under ordinary everyday
circumstances.
* **
DIVISION 2. PERMIT
Sec. 10-64. Closure or gating of public property and streets.
(a) Streets may be closed, portions of streets and parks may be gated, and an admission fee may be
charged in connection with an outdoor entertainment event at the discretion of the city eounei�l
manager
C W City of Cape Canaveral, Florida
Ordinance No. 13 -2010
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(b) In reviewing a request for closure of a street, gating of a park or the charging of an admission
fee for the outdoor entertainment event, due regard shall be given to public safety and environmental
effects of such closing, to ensure that all reasonable steps are taken to minimize the adverse effect
such closings may have upon the public.
(c) If an event is gated, no person shall be barred from entering the gated area on the grounds of
race, color, religion, gender, age, disability or national or ethnic origin.
(d) The city eeeaeil manager has the full and sole authority to close any city street or roadway
and /or detour traffic due to an outdoor entertainment event.
See. 10-73. Fees and deposits.
Any applicant seeking to make application for and obtain an outdoor entertainment event
permit shall agree to accept conditions in accordance with this article and pay the prescribed fees, as
amended from time to time, and adopted by resolution of the city council.
(1) No later than 14 days prior to the each outdoor entertainment event being held,
applicants shall make full payment to the city for , th
ether all fee and deposits authorized under this article.
(2) Upon request, the city eounsil manager may waive fees and deposits imposed pursuant
to this article for events hosted by the City, the Brevard County Sheriffs Office, or the Cape
Canaveral Volunteer Fire Department, for city- sponsored events, or for nonprofit organizations
based upon the city's experience with previous events, and the size, duration and location of the
proposed outdoor entertainment event if the city eoeneil manager determines that the outdoor
entertainment event serves a municipal purpose, including, but not limited to, economic
development, city - organized events or other local charitable events.
In the event that an outdoor entertainment event is held at a City -owned facility, any
clean up and damage deposit paid for the facility rental shall be credited toward the clean up and
damage deposit paid for the outdoor entertainment event held at such facility. The total amount of
the clean up and damage deposit shall not exceed the amount for such deposits set forth in the
Appendix B. Schedule of Fees applicable to this article.
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
City of Cape Canaveral, Florida
Ordinance No. 13 -2010
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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 by
the City Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, thisA * -day of
2010
C�v
ATTEST: ROCKY RANDELS, Mayor
FOR AGAINST
Bob Hoog mnt3ran —
Buzz Petsos x
ANG LA APPER . ON, City Clerk Rocky Randels x
11 Adw Shannon Roberts X
Betty Walsh second
First Reading: 9/21/2010
Legal Ad Published: 1
Second Reading: 10/19/2010
Approved as to legal form and sufficiency for
the City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral, Florida
Ordinance No. 13 -2010
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