HomeMy WebLinkAboutOrdinance No. 16-2010ORDINANCE NO. 16 -2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 74, TRAFFIC AND
VEHICLES, OF THE CAPE CANAVERAL CODE OF
ORDINANCES TO EXPRESSLY PROHIBIT THE STOPPING,
STANDING OR PARKING OF VEHICLES ON ANY
PORTION OF A RIGHT -OF -WAY, WHETHER IMPROVED
OR UNIMPROVED; 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 Council believes it is in the best interests of the safety, health, and
welfare of the citizens of the City of Cape Canaveral to maintain its rights -of -way and sidewalks,
whether improved or unimproved, clear of parked or stopped vehicles; and
WHEREAS, prohibiting the stopping or parking of vehicles in the rights -of -way is necessary
for purposes of ensuring adequate vehicular access for police and fire protection, enhancing the
visual appearance of neighborhoods, and reducing traffic congestion and on- street accidents; and
WHEREAS, the City Council believes that keeping its rights -of -way and sidewalks free
from parked or stopped vehicles will facilitate the safe travel of vehicles, pedestrians, bicyclists and
joggers; 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 strikeout 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
City of Cape Canaveral
Ordinance No. 16 -2010
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by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
C CHAPTER 74. TRAFFIC AND VEHICLES
ARTICLE III. STOPPING, STANDING, PARKING
Sec. 74 -56.5. Stopping, standing or parking in right -of -ways prohibited.
(a) In addition to any prohibition imposed by state law, no person shall stop, stand or
park a vehicle on any portion of a right -of -way, improved or unimproved, including on a sidewalk
or on the paved portion and any shoulder or berm, except when necessary to avoid conflict with other
traffic, or to comply with law, the directions of a police officer or official traffic device. The term
"sidewalk" shall be as defined in section 316.003, Florida Statutes, and shall include any portion of
a sidewalk that traverses a driveway.
(b) This section shall not be construed to prohibit the parking of vehicles on beach -end
streets where expressly authorized by the City Code, nor shall it be construed to prohibit parking on
designated parking areas located in rights -of -way which are legally nonconforming as of November
4, 2010. This section shall also not be construed to prohibit the temporary parking of service or
delivery vehicles on a ri6t- of -wav (excludingz sidewalks). provided such vehicles are in actual use
AMOK providing service or delivery and provided such vehicles do not obstruct pedestrian or vehicular
traffic.
(c) The City Council may authorize the temporary parking of vehicles on a right -of -way
(excluding sidewalks) during seasonal holidays and special events.
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 5. Severability. If any section, subsection, sentence, clause, phrase, word or
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Ordinance No. 16 -2010
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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, this 4th day of
November, 2010.
"a ROCKY NDELS, Mayor
ATTEST: _
ANG A APVER " N,City Clerk
�
Bob Hoog
Buzz Petsos
Rocky Randels
C. Shannon Roberts
Betty Walsh
For Against
X
Motion
Second
X
X
First Reading: October 19, 2010
Legal Ad published: October 23, 2010
Second Reading: November 4, 2010
Approved as to legal form and sufficiency for
the n Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral
Ordinance No. 16 -2010
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