HomeMy WebLinkAboutOrdinance No. 13-2005ORDINANCE NO. 13 -2005
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, REGULATING
SLEEPING AND CAMPING UPON PUBLIC STREETS AND
SIDEWALKS, BEACH END STREETS, BEACH DUNE
CROSSOVERS, BEACHES AND PARKS; PROVIDING FOR
REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND 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 provides that it les the policy of the State to
conserve and protect the natural resources and scenic beauty and that adequate provision shall be
made by law for the abatement of air and water pollution and of excessive and unnecessary noise
and for the conservation and protection of natural resources; and
WHEREAS, the City Council also finds that the public beaches are an invaluable asset
held in trust by the City for recreational use by residents and visitors alike; and
WHEREAS, the City Council further finds that trespass on private beaches and land is
prohibited by law and subject to the police powers of the City; and
WHEREAS, the City Council finds that the City's well -being i*s substantially dependent
upon a high quality of outdoor life for its residents and visitors which is in turn, is dependent
upon maintaining attractive and inviting beaches and parks; and
WHEREAS, the City Council hereby finds that this ordinance is necessary to preserve
and protect the scenic beauty the City's public beaches and the public's quality of life and safety
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on public and private beaches; and
WHEREAS, the City Council of the City of Cape Canaveral finds that this Ordinance is
in the best interests of the public health, safety, aand 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 reference
as legislative findings and the intent and purpose of the City Council of the City of Cape
Canaveral.
Section 2. Code Amendment. That Chapter 50 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and
City of Cape Canaveral
Ordinance 13 -2005
Page 1 of 5
striicco��c type indicates deletions, while asterisks indicate a deletion from this Ordinance
-- of text existing in Chapter 50. It I*s intended that the text in Chapter 50 denoted by the
and set forth i*n this Ordinance shall remain unchanged from the language existing
adoption of this Ordinance).
CHAPTER 50. OFFENSES AND MISCELLANEOUS PROVISIONS
asterisks
prior to
Sec. 50 -4. Sleeping camping invubli'c and areas and beaches.
(a) - Intent and purpose. The public streets and sidewalks, beach end streets beach dune
crossovers, beaches and parks within the corporate limits of the city should be readily
accessible and available to residents and the public at large. The intent and purpose of
this section i*s to maintain public streets, beach end streets, beach dune crossovers,
beaches and varks within the corDorate limits of the city in a clean. safe and accessible
condition and to prohibit the use of these areas in a manner that interferes with the ii is
of others to use the areas for their intended purpose. Further. it is the intent and purpose
of this section to conserve and protect the natural resources andscenic be auty of the cites
particularl the beaches and parks.
Findings. The city council hereby makes the followinR fiiindinjas in support of this
section:
The city's beaches and parks are invaluable natural assets which are held in trust b1v the
citvfor recreational use by residents and visitors alike.
(2) The city's beaches and darks are intended to be used solely for recreational purposes and
are not intended to be used for sleepi*nR cgm�in�_during nighttime hours., In
addition the public streets and sidewalks are intended to be used for unimpeded
vehicular a travel,
(3) The city's economic well-being is substantially dependent on maintaining attractive and
invitina beaches aand parks. Permitting persons to sleep upon cl*tv ' beaches and within
Citv varks during nighttime hours will affect the appearance of the cit}'s
City of Cape Canaveral
Ordinance 13 -2005
Page 2 of 5
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Sec. 50 -4. Sleeping camping invubli'c and areas and beaches.
(a) - Intent and purpose. The public streets and sidewalks, beach end streets beach dune
crossovers, beaches and parks within the corporate limits of the city should be readily
accessible and available to residents and the public at large. The intent and purpose of
this section i*s to maintain public streets, beach end streets, beach dune crossovers,
beaches and varks within the corDorate limits of the city in a clean. safe and accessible
condition and to prohibit the use of these areas in a manner that interferes with the ii is
of others to use the areas for their intended purpose. Further. it is the intent and purpose
of this section to conserve and protect the natural resources andscenic be auty of the cites
particularl the beaches and parks.
Findings. The city council hereby makes the followinR fiiindinjas in support of this
section:
The city's beaches and parks are invaluable natural assets which are held in trust b1v the
citvfor recreational use by residents and visitors alike.
(2) The city's beaches and darks are intended to be used solely for recreational purposes and
are not intended to be used for sleepi*nR cgm�in�_during nighttime hours., In
addition the public streets and sidewalks are intended to be used for unimpeded
vehicular a travel,
(3) The city's economic well-being is substantially dependent on maintaining attractive and
invitina beaches aand parks. Permitting persons to sleep upon cl*tv ' beaches and within
Citv varks during nighttime hours will affect the appearance of the cit}'s
City of Cape Canaveral
Ordinance 13 -2005
Page 2 of 5
beaches and parks., W1.11 have a deleterious effect on the quality of life enjoyed by the
city's residents and v will re quire an unwarranted expenditure of city funds to
provide for a reasonably safe and healthy sleeviong for those who may
choose to sleet) in such a fashion and to protect those persons who maybe using the
City's beaches and narks for their intended purpose. NEW
(4) Persons asleep on city beaches and within city parks during ni6tti me hours are exposed
to the risk of harm from others or from severe weather conditions.
(5) S legpi P, uvon public streets and sidewalks will interfere with and impede the public's
ri ght to travel upon the city's transportation system and will expose persons to the risk of
harm from vehicular and pedestrian traffic.
(6) PProhibiting persons from public streets and sidewalks, beach end streets,
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and beach dune crossovers and orohibift slepSinR uDon public beaches and within
parks... during nighttime hours will promote the public health, safety and welfare.
(7) Prohibiting trespass on private beaches and property serves a legitimate government
interest.
(,c) Definitions. The following words used in this section shall having the meaning defined ,
herein:
(I Beach end streets shall mean a street within the ciiy that has as its east terminus the
Atlantic Ocean or the dune line which runs north and south 12 arallel to the Atlantic Ocean.
( 2 ) , Camping shall mean sleeping or otherwise being in a tMporary shelter located outdoors
and/or using an outdoor place for living accommodation pu rposes, as evidenced bathe
use of tents sleeping bags. bedrolls. blankets. I guajze backpacks storing personal
belongings, cookware, and other camping like paraphernalia.
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(d) Prohibitions The following prohibitions shall 9V ply within the corporate limits of the city:
It shall be unlawful for any ii)eirson to sleep or camp upon p ublic streets and sidewalks
beach end streets. and beach dune crossovers.
L2Q It shall be unlawful for any Derson to sleev - on M public beach and within amypark
between the hours of 9:00 12.M. and 7:00 a.m. of the following dam MEPEEMEROM
(3,) It shall be unlawful for any verson to camp within M Dark or u pon any public b
( 4 41
It shall be unlawful for anv verson to sleet) or camp on any 12n.vate beach or
undeveloped lot without the permission of the owner or person entitled to possession of
such private beach or lot. Notwithstanding, no undeveloped parcel of land shall be
inhabited or occupied for purposes of SleeDioniz, eatinR and habitation during the hours of
City of Cape Canaveral
Ordinance 13 -2005
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9:00 p.m. to 7:00 a.m. of the following d unless such grope is legally improved
-- with a safe, structure meeting all minimum ordinance requirements. Further,
this ssubsecti*on shall not be construed as authorizinp, open fires which are expressly
prohibited biv section 54 -3 of the CitV Code.
(5),. It shall be unlawful for person to misrepresent to an official or law enforcement
officer that he or she has no home or permanent shelter in order to evade enforcement and
penalties provided bv this section.
(e) Signs. The cl"tymana ear may order the erection of signs in and upon public beaches and
parks noticing the prohibitions and Ities pena set forth in this section .
Enforcement and penalties. Any P. erson who is observed enizaginR in any activity
prohibited by this section shall vacate the particular place at issue upon the request of an
authorized official or law enforcement officer. The willful refusal to vacate the area shall
be subi ect to a penalty as provided in secti*on - 15 of the C Excluding situations
when a person is tTe assinja gpoil vrtVate DrODertv, if a law enforcement officer or other
official encounters a person engaged in an activitlY rohibi'ted bV this section and that
person volunteers that he or she has no home or shelter. that person must be
given an opportunity to enter a homeless shelter or similar facility, if available, !2r be
placed on Dublic prop erty where the city or Brevard County has authorized camping or
overnight sluing. If no such facility or public property is available. an arrest may not be
made. Situations involving trespass upon private property shall be handle bV law
enforcement i accordance with trespass laws.
tg Exclusions. The prohibitions in this section shall not apply to public shelters, public
buildings Qublic parks or beaches, or oublic property where the city or Brevard County has
campi or ng overni authorized Slegp _V nR.
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 maybe freely made.
Section 5. Severabl*11*ty- 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.
City of Cape Canaveral
Ordinance 13d-2005
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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, this 2nd day of
August , 2005.
C.?----419 CY lAC::: 4;;A_0.s■c;141,..(24._
ROCKY RANDELS, Mayor
ATTEST: For Against
Burt Bruns X
Bob Hoog X
Jim Morgan Second
,.,�! Buzz Petsos Motion
SUS• '4 STI L,S,.Olt Clerk Rocky Randels X
First Reading: 117/19/05
Legal Ad published: 07/23/05
Second Reading: 08/02/05
Approved as to legal form and sufficiency for
the Citt7 Cape Canaveral only:
f.-4/
• NTHO 'Y A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance 13-2005
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