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HomeMy WebLinkAboutPacket 09-15-2009 RegularCity of Cape Canaveral AGENDA CALL TO ORDER: PLEDGE OF ALLEGIANCE: ROLL CALL: PRESENTATION: 7:00 P. m. — 7:20 p, m. 2009 Fall Beautification Award (Multi -Family) Cape View Elementary School Appreciation for School Resource Officer Canaveral Precinct Deputy of the Month (August) — Deputy John Jeffreys REPORTS: 7:20 p.m. — 7:40 p.m. City Manager Staff Business & Cultural Development Board Report AUDIENCE TO BE HEARD: 7:40 p.m. — 8:00 p.m. Comments to be heard on items that do not appear on the agenda of this meeting. Citizens will limit their comments to five (5) minutes. The City Council will not take any action under the "Audience To Be Heard" section of the agenda. The Council may schedule such items as regular agenda items and act upon them in the future. 105 Polk Avenue • Post Office Box 326 Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 Fax: (321) 868-1248 www.ciryofcapecanaveral.org • email: ccapecanaveral@cfl.rr.com El of Cape Canaveral, Florida y Council Regular Meeting Agenda September 15, 2009 Page 2 of 2 CONSENT AGENDA: 7:50 p. m. — 8:00 p. m. Motion to Approve: Proclamation in Honor of Constitution Week, September 17 — 24, 2009. 2. Motion to Approve: Proclamation in Honor of Hadassah Goes Green Month — December. 3. Motion to Approve: Alcohol Exemption Permit for The Kiwanis Club of Cape Canaveral/Port Canaveral; Manatee Park Picnic 09-26-09, 5 p.m. — 9 p.m. ORDINANCES: SECOND READING 8:10 P.M. — 9:10 P.M. 4. Motion to Adopt Ordinance No. 10-2009; Amending Chapter 2, Article II, Division 3, related to City Council Meetings. 5. Motion to Adopt Ordinance No. 05-2009; Adopting a New Chapter 94, Signs. DISCUSSION: 9:10 p.m. — 9:30 p.m. 6. Model Water Conservation Ordinance for Landscape Irrigation. 7. 2009 Florida City Government Week; October 18 — 24, 2009, Planning. 8. Parking Meters on Beach Ends. REPORTS: 9:30 p.m. — 10:00 p.m. 9. Council ADJOURNMENT: Pursuant to Section 286.0105, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is tc, be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. WHEREAS, September 17, 2009, marks the two hundred twenty-second anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and WHEREAS, Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week, NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as Mayor of the City Cape Canaveral do hereby proclaim the week of September 17 through 23 as CONSTITUTION WEEK AND ask our citizens to reaffirm the ideals of the Framers of the constitution had in 1.787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. WHEREAS, we are a national organization of nearly 300,000 women, and the organization is almost 100 years old, and WHEREAS, we raise funds for medical, educational, youth and environmental projects in Israel; and WHEREAS, because we are recognizing the importance of the environment our local chapter will be planting native trees throughout Brevard County in December; and WHEREAS, we will offer Jewish National Fund tree certificates for sale during the holiday season, in order to p)ant trees in Israel; and WHEREAS, we will have special programs geared to the local youth to promote environmental awareness; and WHEREAS, the December 16"' meeting will be held at the Eau Gallie Library, and there will be a silent auction of recycled items, a speaker, and a short film keeping with the theme; and NOW, THEREFORE, I, Rocky Randels, by virtue of the authority vested in me as Mayor of the City Cape Canaveral do hereby proclaim the month of December 2009 as: "HADASSAH GOES GREEN MONTH" City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09/15/09 Item No. 3 Sutiject. Alcohol Exaa._.. m�..............�..........................................._..........................W_. m,ption Permit Department: Parks & Recreation Summary: The Kiwanis Club of Port/Cape C anaveral is applying for an alcohol exemption permit for a picnic at Manatee Park on 9126109 from 5:00 pm — 9:00 pm Requested Council Action: Approve Permit Financial Impact: None _...... - Attachments: o Supporting Documents Reviewed Submitting Department Head: Date: q 9 Approved by City Manager: Date; ell City Council Action: [ j Approved—ii Recommended [ ] Disapproved [ J Approved with Modifications [ ] Tabled to Time Certain Adopted: 8/1/08 CITY Or CAPE CANAVERAL, FLORIDA APPLICATION FOR SITCIAL ALCOHOL EXEMPTION PERMIT Date: S The applicant is requesting; a special exemption permit to allow alcohol at the described event, as per Cape Canaveral Code, Article Ill, Alcohol Possession & Consumption, Section 6-52 (b), U 17 0" ? t r5 Ti a' JL, poI 5 Name of Applicant: ...�, G�'+y� llC�� ........ Title; Organization: V1Wr101S rt -w3 0!- Odr1-- (AA),j;ren&It/P4'Ar ,,,gN,9yt�AylL_ Address: E -Mail: l4helt/prCq! I(lLI) AAj 31/ .S'Vy - 365 Telephone: 35`'„�, /L t Y - Cc: FAX: _ �� r �... � � �_...a......................-............_ Local Contact: -/"G n n t (s 11 c Title: rA c_ S Type of Event: __,.6 'a ALS Cuf C Location(s)-. Date(s): Ttme( PERMIT FEES: The applicant agrees to pay the City, in advance, for any permit fees that may be applicable to the particular request as required by the City of Cape Canaveral. C Applicant FOR OFFICE USE ONLY Approved by City of Cape Canaveral: City Representative's Name: Title: Signature: Date O f d 2 16 I Applicants shall keep a copy of this approved permit and attachments on the day of the event within the City of Cape Canaveral. For further information, please contact: City of Cape Canaveral Bennett C. Boucher, City Manager 105 Polk Avenue Cape Canaveral, FL 32920 Phone: (321) 868-1230 Fax: (321)868-1224 Sec. 6-52. Parks and recreation areas. (a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the city, excluding the ocean beach. (b) The city council may waive the prohibitions of this section for any special event, including but not limited to community picnics, charitable ball games and other events, provided that nothing in this section shall be deemed to waive any provisions of state law regulating alcoholic beverages. (Code 1981, § 604.02; Ord. No. 9-94, § 1, 2-1-94) I of 1 8/27/2009 9:34 AP City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09-15-09 Item No. Subject: Ordinance No. 10-2009, amending Chapter 2, Article II, Division 3, related to City Council Meetings Department: Legislative Summary: City Council directed staff to formalize the procedure for City Council meeting times. Requested Council Action: City Council consider approval of Ordinance No. 10-2009. ._............ ......... ......... ... ........... ... . ......... Financial Impact: .. _ NIA Attachments: o Supporting Documents Reviewed Proposed Ordinance Submitting Depart........_. ........ _W ment dead: Date: Approved by City Manager: Date: City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-ntlklmlmydocum enlsladminlcounciKmeeling12009109-15.09110-2009.com View Legal Ad# 150588 Print Window Close Window A D# 150588.09/04/2009 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Public Hearing for the purpose of discussing Ordinance No. 10-2009 in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 7 P.M , on Tuesday, September 15, 2009. The Ordinance may be inspected in its entirety in the City Clerk's office during business hours (8.30 a m to 5.00 p.m , Monday -Friday). ORDINANCE 10-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE II, DIVISION 3 OF THE CITY CODE RELATED TO CITY COUNCIL MEETINGS; PROVIDING THAT REGULAR CITY COUNCIL MEETINGS MAY BEGIN PRIOR TO 7.00 P M ON AN AS -NEEDED BASIS; PROVIDING THAT CITY COUNCIL MEETINGS SHALL ADJOURN NO LATER THAN 10:00 P.M. UNLESS EXTENDED BY SUPER -MAJORITY VOTE OF THE CITY COUNCIL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; SEVERABILITY; AND AN EFFECTIVE DATE Page l of l Pursuant to Section 286,1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Mia Goforth, Acting Deputy City Clerk AD#: 150588 Publication: Florida Today First Published: 09-04-2009 http://Iegals.flatoday.net/db/display.htm?CMD=DISPLAY&Id=47072 9/10/2009 ORDINANCE NO. 10-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CHAPTER 2, ARTICLE II, DI VISION 3 OF THE CITY CODE RELATED TO CITY COUNCIL MEETINGS; PROVIDING THAT REGULAR CITY COUNCIL MEETINGS MAY BEGIN PRIOR TO 7:00 P.M. ON AN AS - NEEDED BASIS: PROVIDING THAT CITY COUNCIL MEETINGS SHALL ADJOURN NO LATER THAN 10:00 P.M. UNLESS EXTENDED BY SUPER -MAJORITY VOTE OF THE CITY COUNCIL; 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 2-56 of the City Code provides that regular City Council meetings shall begin at 7:00 p.m. on the first and third Tuesdays of each month; and WHEREAS, the City Council desires to amend section 2-56 to provide that City Council meetings may begin earlier than 7:00 p.m. on an as -needed basis; and WHEREAS, the City Council has a long-standing unwritten policy to adjourn City Council meetings at 10:00 p.m. unless otherwise extended by vote of the City Council; and WHEREAS, the City Council desires to formalize its 10:00 p.m. adjournment policy by amending section 2-69 of the City Code and to provide that City Council meetings may be extended by a super -majority vote of the City Council present; 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, safely, 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 2, Administration, of the Code of Ordinances. City of Cape Canaveral Ordinance No. 10-2009 Page 1 of 3 City of Cape Canaveral, Florida, is hereby amended as follows Lunderlined type indicates additions and strikeerrt type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): CHAPTER 2. ADMINISTRATION X ]f ]f ARTICLE II. CITY COUNCIL * is * DIVISION 3. MEETINGS Sec. 2-56. Regular meetings. The city council shall hold regular meetings on the first and third Tuesday of each month at 7:00 p.m. Tile city council mav, on an as -needed basis, begin its regular meetings prior to 7:00 p.m. When the day fixed for any regular meeting falls upon a day designated by law as a legal national holiday, such meeting shall be held on the next succeeding day not a holiday. Regular meetings may be otherwise postponed, canceled or rescheduled only by motion adopted at a regular meeting by a majority vote of the city council. All regular meetings shall be held in the city hall annex or such other place as designated by a majority of the council in open session. X X X Sec. 2-69. Adjournment. A motion to adjourn the meeting of the city council shall always be in order and shall be decided without debate. City council meetings shall adjourn no later than 10:00 P.m. The city council mav extend the meeting by super -majority vote of the city council present at the time of adjournment required by this section. 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 City of Cape Canaveral Ordinance No. 10-2009 Page 2 of 3 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. ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of , 2009. ATTEST: SUSAN STILLS, City Clerk First Reading: Legal Ad published: Second Reading: ROCKY RANDELS, Mayor For Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTI�IONY A. GARGANESE, City Attorney Bob Hoog Buzz Petsos Rocky Randels C. Shannon Roberts Betty Walsh City of Cape Canaveral Ordinance No. 10-2009 Page 3 of 3 Against City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09-15-09 Item No. 5 Siubtect: Ordinance �. �....... No. 05-2009, Adopting a New Chapter 94, Signs Department: Community Development Summary. City Council held the first reading of this ordinance on 06-16-09. Requested Council Action: City Council consider final adoption of this ordinance. Financial Impact: NIA Attachments:,KSupporting Documents Reviewed Ordinance No. 05-2009, Back -Up Materials Submitting Department Head: Date: Approved by City Manager:Date: , ......... ......� ....... , m�.....,.__... www...._....w.e.�.ww.......mmw........e .._we, City Council Action: [ J Approved s Recommended [ JI Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape- nt\kimlmydocuments\adminlooundRm eetin9Q00M9-9 5-09\05-2009.doc FINAL 9/10/2009 ORDINANCE NO. 05-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, INSPECTION PROCEDURES, ZONING DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS; PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; 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, through the enactment of this Ordinance, the City Council desires to preserve and improve the quality of urban life and aesthetics within the City of Cape Canaveral. See Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v_ City of San Diego, 453 U.S. 490 (1981); and WHEREAS, the City Council finds that the regulation of signage within the City of Cape Canaveral, as provided herein, are unrelated to viewpoint and the content of any message, and will further the City's legitimate and substantial government interest in minimizing sight pollution and traffic and safety hazards to persons and property; and WHEREAS, the City Council finds that the goals of this Ordinance are content neutral and unrelated to the suppression of free expression; and WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake Wales v, Lamar Advertising Assn of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of Douglosville, Ga., 975 F. 2d 1505 (11 ` Cir. 1992); and Ciry of Cape Canaveral Ordinance 05-2009 Page I of 29 WHEREAS, on April 8, 2009, the City's Local Planning Agency held a duly advertised public hearing on this Ordinance and recommended approval to the City Council; 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, and welfare of the residents and businesses 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. Repeal of Current Chapter 94. The current Chapter 94 of the City of Cape Canaveral Code of Ordinances is hereby repealed in its entirety. Section 3. New Chapter 94. A new Chapter 94 of the City of Cape Canaveral Code of Ordinances is hereby adopted as follows: CHAPTER 94. SIGNS ARTICLE I. IN GENERAL Sec. 94-1. Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Accent lighting means electric discharge tubing attached as an integral decorative or architectural feature of the building and not connected or giving the appearance of any connection to the overall signage of the project. Air inflated devices means attention getting devices that are inflated with lighter than air gas or are supplied inflation from a blower or fan that, when energized, keep the device erect. Animated or flashing sign means any sign which uses lights that flash or alternate or which includes action, motion or illusion of motion, designed electronically, usually to give messages by means of slight progressive changes. This definition shall also include signs with rotating panels, generally referred to as tri -vision signs. Awning means any structure, fixed or capable of being raised or lowered, made of fire resistant cloth, wood, metal or plastic with or without a metal frame, which protrudes from a building facade as a roof -like structure and is supported entirely by the building without the use of ground supports. City of Cape Canaveral Ordinance 05-2009 Page 2 of 29 Bag sign means any temporary sign made of cloth or other materials designed to fit over an existing sign or structure because the copy area is in the process of being changed or repaired due to damage. Balloon display is any balloon anchored on private property for the purpose of advertisement. Banner sign means any sign having the characters, letters, illustrations or ornamentation applied to cloth, paper or fabric including animated, rotating and or fluttering devices, flags and pennants (which do not comply with the definition of flag or pennant under this chapter) but excluding government flags for the purposes of this ordinance, designated to attract attention. Bulletin Board means any permanent sign, not to exceed six (6) feet, attached to a building, and generally located at a store entrance, for purposes such as posting notices, menus, and other information, with removable letters, words, numerals, and copy material in a non -electronic manner. Canopy means any structure other than an awning, made of fire resistant cloth, wood, metal or plastic with or without metal or wood frames, attached or detached and supported, in part, or entirely, by the ground, Code enforcement board means a board established in section 2-256 et seq. to enforce this Code. Community appearance board means a board established in section 22-36 et. seq. of this Code. Const)-irction board of adjustment means a board established in section 82-32 of this Code. Copy area or sign area shall mean the entire area enclosed by one continuous perimeter line, enclosing the extreme limits of the sign, including all ornamental attachments, insignias, symbols, logos, trademarks, interconnecting links and the like, and any stripe, frame or border. Sign area does not include the main support structure of the sign unless used for sign display purposes. The calculation for a double faced sign shall be the area of one face only. The calculation for wall signs, if permitted hereunder, comprises individual letters, numbers, symbols and the like, where the exterior wall of the building upon which it is affixed acts as the background of the sign, shall be calculated within the smallest regular geometric figure needed to encompass the sign display. Dilapidated sign shall mean a sign including its structure that is damaged, deteriorated, defaced, abandoned, in a state of disrepair, or illegible. Digital Elech•onic Sign. See Electronic messaging sign. Discontinued sign shall mean any sign located on property which has been vacant and unoccupied for a period of ninety (90) days or more; or any sign face which advertises a service no longer conducted or product no longer sold upon the premises where the sign is located. City of Cape Canaveral Ordinance 05-2009 Page 3 of 29 Edge of pavement shall mean the hard surfaced (e.g. asphalt, concrete, macadam, marl, pavers, etc.) edge of an existing street in the right-of-way excluding the curbing. Electric discharge tubing (neon or fluorescent) shall mean an illumination system using an electrified inert gas (such as neon), placed inside clear or colored transparent tubes, which can be bent into various letters, designs and shapes. Elecn,onic messaging signs shall mean a sign on which the copy changes automatically by electronic means. Erect means to build, construct, raise, assemble, create, paint, draw, attach, hang, place, suspend, affix, or in any other way bring into being or establish; but it does not include any of the foregoing activities when performed as an incident to the customary maintenance or repair of a sign. Exempt signs means signs exempted from normal permit requirements. Flag or pennant means the flying of individual national, state, county, city or flags of political national origin attached to a free standing pole, mounted on the ground or to flags attached to the facade of a structure, limited to five (5) in number, provided such flags shall not be used in such a way to attract attention of the public for commercial purposes. Flags larger than three feet by five feet shall be considered signs and shall be calculated as part of the maximum square footage and maximum number of signs. Frontage means that portion of a lot or parcel abutting a street right-of-way. For comer lots or parcels abutting two (2) or more street right-of-way, frontage shall be measured only along the dedicated street right-of-way facing the primary entrance of the principal building located on the lot or parcel. Ground sign means a sign supported by poles, uprights or braces, visible or enclosed that are placed in or upon the ground. Ground signs include pole, pylon, and monument signs. Hanging sign shall mean a sign attached to and extending below a marquee, ceiling, or canopy, Hazardous sign is any sign which constitutes a vehicular and/or pedestrian hazard or a detriment to traffic safety by reason of its size, location, movement, content, coloring, or method of illumination, or which obstructs the visibility of any official traffic -control device or which diverts or tends to divert the attention of drivers of moving vehicles from traffic movement on streets, roads, intersections, or access facilities. No sign shall be erected in such a manner as to obstruct the vision of pedestrians. The use of flas]Zing, running, or revolving lights in any sign is prohibited. Any sign which by glare or method of illumination constitutes a hazard to traffic is prohibited. Marquee sign means a projecting sign attached to or hung from a marquee or such marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, Ciry of Cape Canaveral Ordinance 05-2009 Page 4 of 29 when such canopy or covered structure extends beyond the building, building line or property line. Monument sign shall mean a ground sign which is free standing, supported solely by its own ground -mounted base and which is not attached or fixed in any way to a building, fence or other structure, provided that the ground mounted base is substantially equal to or greater than fifty percent (50%) the horizontal dimension of the sign face including any cabinet or any structure within which the sign face is located and not greater than ten (10) feet in height. Two examples of a monument sign are as follows: JLZ ZCOPYAR:r-A COPY AREA Noncombustible inateriol means a material, which, in the form and thickness in which it is used, meets any of the following: (1) Materials which pass the test procedures for defining noncombustibility of elementary materials set forth in ASTM E136; or (2) Materials having a structural base of non-combustible materials as stated in subsection (1) of this definition, with a surfacing not more than one-eighth inch thick, which has a flame -spread rating not greater than 50 when tested in accordance with the method of test for surface burning characteristics of building materials set forth in ASTM E84. Nonconforming sign means any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable sections and restrictions of this chapter or any other applicable provision of the city code, or a nonconforming sign for which a special permit has been issued. Obscene sign is a sign deemed obscene under the Florida or United States Constitutions. Off-site or off -premises sign means a sign identifying an activity which is not on the premises where the sign is located or products or services which are not available on the premises where the sign is located. Signs commonly referred to as billboards shall be considered off -premises signs. On-site or on -premises sign means a sign (1) identifying an activity conducted or products or services available on the premises where the sign is located, or (2) displaying a noncommercial message or (3) any combination of the first two. For purposes of this definition, common areas City of Cape Canaveral Ordinance 05-2009 Page 5 of 29 within a duly organized homeowner or condominium association shall be considered on - premises for each individual unit or lot within said association in recognition of any right the unit or lot owner has to use said areas under Florida law and the association's covenants and rules. Outdoor advertising display means any letter, figure, character, mark, plane, point, design, poster, pictorial picture, stroke, stripe, line, trademark, reading matter or illuminated service which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that such shall be used for attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, which is displayed in any matter whatsoever outdoors. Owner means the person owning the fee simple title to the property upon which a permit is required. Parapet sign shall mean a wall sign erected flush on a parapet extension of a building. Permittee means the person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. Pole signs are signs that are supported by one or more exposed vertical supports. Two examples of a pole sign are: Portable signs means signs that may be hauled or towed from one location to another, are self supporting, are designed to be temporarily placed without a permanent base or fastening. Projecting sign means a sign which is affixed perpendicular to any building wall and extends beyond the building wall by more than eighteen (18) inches. Pylon Signs are signs that are supported by one or more vertical supports which are encased within a single decorative cover. One (1) example of a pylon sign is: City of Cape Canaveral Ordinance 05-2009 Page 6 of 29 Roof sign means any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Sandwich board shall mean a free standing, one or two sided sign, in the shape of an inverted "W' and set upon the ground. Shopping center or multi -tenant center means a building with two or more businesses. Sign means any surface, fabric, device or display, whether illuminated or non -illuminated, designed to identify, announce, direct or inform, and that is placed out-of-doors in view of the general public. For purposes of this Chapter, the term "sign" includes all structural members. Snipe sign means a small sign of any material, including but not limited to paper, cardboard, wood or metal, attached to any object and having no application to the premises where located. Street right-of-way means property, which is committed for use as a public access route. Temporary signs means a sign displayed before, during or after an event or occurrence scheduled at a specific time and place or which is not designed or intended to be placed permanently inclusive for example, for rent signs, for sale signs, construction signs, real estate signs, management signs, social or special event signs. Tenant space means that portion of a building separated by walls or partitions that extend from the floor to the ceiling or roof deck without interconnecting openings. Vehicular sign means any sign applied to, affixed to, or placed upon a vehicle in such a manner as to be visible to the public. Visibility triangle means a three dimensional triangular space bounded on two sides by intersection streets (measured from intersecting edges of pavement) and on the third side by a straight line drawn between those lines at a point located thirty-five (35) feet from their intersection. aaaa�a_aa ,r -r City of Cape Canaveral Ordinance 05-2009 Page 7 of 29 J54..,TA O VM" U-1, 0 m�ua�f Wye 4 t„asic, fOPJ O Of i O r� 0 aaaa�a_aa ,r -r City of Cape Canaveral Ordinance 05-2009 Page 7 of 29 Wall sign means a sign that is affixed to the wall of any building, when such sign shall project not more than eighteen (18) inches from the building. Wall signs may not extend above the roofline or facade. Wall signs include parapet signs and projecting signs. Wall Mural means a painting or an artistic work composed of an arrangement of color and that displays a commercial or noncommercial message, relies solely on the side of the building for rigid structural support, and is painted on the building. The term excludes a painting or work placed on a structure that is erected solely for the sole or primary purpose of signage. Window sign means illuminated and non -illuminated signs placed in the exterior windows of a structure, and which can be viewed from the outside of the structure. Sec. 94-2. Purpose and scope. (a) The purpose of this chapter is to regulate the number, size, type, use, design, construction and location of signs within the City. These regulations are established in order to promote the overall economic well-being of the City, while at the same time providing for the health, safety and welfare of the public by reducing the adverse effects of signs on safety, property values, traffic, and the enjoyment of the scenic beauty of the City. These regulations are intended to avoid excessive competition and clutter among sign displays in the demand for public attention, eliminate dangerous, dilapidated and unsightly signs and provide for adequate maintenance and inspection of signs within the corporate limits of the City, consistent with constitutional guarantees and while providing for adequate opportunities for effective means of communication. (b) For purposes of this chapter, any lawful sign may display a noncommercial message in addition to, or in lieu of, any other message. All noncommercial speech shall be deemed to be on -premises. Nothing in this chapter shall be construed to regulate the content of the message displayed on any sign. Sec. 94-3. Administrator. The "administrator" shall be the building official unless otherwise directed by the city manager in writing. The administrator shall also include any authorized designee of the administrator who is charged with implementing the provisions of this chapter. 1f the administrator is not the building official, the building official shall be charged with interpreting applicable building codes and advising the administrator relative to building code issues under this chapter. Sec. 94-4. Exemptions. The following signs may be erected without a permit, subject, however, to all remaining requirements of these regulations: City of Cape Canaveral Ordinance 05-2009 Page 8 of 29 (1) Decals affixed to and normally associated with signs painted on equipment, fuel pumps or other types of equipment provided such decals are affixed with the consent of the equipment owner; (2) Signs wholly within a building or enclosed space, excluding window signs which are more specifically regulated under this chapter; (3) One sign or tablet per building, of four square feet or less when cut into any masonry surface or when constructed of bronze or other incombustible materials and attached to the surface of the building; (4) Bulletin boards provided said boards shall not exceed six square feet and shall be limited to one per business entrance; (5) Traffic control devices installed in accordance with applicable provisions of the City Code and the Traffic Control Manual published by the Florida Department of Transportation; (6) Window signs that do not exceed 25 percent of the total window glass area for each side of the building or unit thereof and are placed in the upper or lower half of the window glass area. In addition, the total square footage of the window signs located above ten (10) feet from grade, when added to the total existing signage for the building or unit thereof, does not cause the total signage copy area for the building or unit thereof to exceed the maximum total signage copy area allowed for the particular building or unit thereof. Further, all sales transaction areas, as well as any other areas that may be deemed as necessary for viewing for safety purposes by a law enforcement agency, shall not be obstructed from view from the outside of the building by a window sign; and (7) Temporary signs on residential property that do not exceed six (6) square feet and on non- residential property that do not exceed twelve (12) square feet, provided the signs meet the requirements of this chapter. Temporary signs on non-residential property that exceed twelve (12) feet, but are less than thirty-two (32) square feet, may be authorized by permit under this chapter. (8) For 911 and emergency response purposes, signage identifying the address of the property, which shall be located in a place that is clearly visible from the right-of-way. (9) Signs held by humans. (10) Subject to the criteria established in Section 94-61, temporary, permanent, and portable government monuments, markers, and signs located on public property. (11) Home occupation signs pursuant to section 94-83. See. 94-5. Penalty for violation. City of Cape Canaveral Ordinance 05-2009 Page 9 of 29 (a) Any person who knowingly violates or fails to comply with any of the sections of this chapter or any erector, owner or user of an unlawful sign or any owner of the property on which an unlawful sign is located, shall, upon conviction, be punished as provided in section 1-15. (b) In addition to the criminal penalties provided in this section, any violation of this chapter shall be subject to enforcement by section 2-256 et seq., according to the procedures legally established for such board and subject to the penalties provided by F.S. ch. 162. See. 94-6. Probibited Signs and features. The following signs and features are strictly prohibited: (a) Signs on utility poles and trees. Signs, regardless of whether exempt from permit requirements, are prohibited on public utility poles or trees, except government banner signs may be permitted on brackets installed on utility poles if authorized by the utility company. (b) Obstruction of free ingress or egress; Standpipes/fire escapes. No sign shall be erected, relocated or maintained so as to obstruct free ingress to or egress from any door or fire escape. No sign of any kind shall be attached to a standpipe or fire escape, unless the sign is incidental to the function of the fire escape or standpipe. (c) Signs on right-of-way. Signs on right-of-way that do not constitute a bona fide traffic control device installed for the safety of pedestrians and vehicles, or do not serve a governmental function. (d) Portable signs, Any sign, excluding vehicular signs, which is mobile or is not securely and permanently attached to the ground or a building is prohibited, except a sandwich board is permitted on commercial property provided it is only displayed outside during normal business hours of the business that is displaying the sandwich board. (e) Merchandise displays on rights of way. Permanent, temporary, portable or movable signs or displays of merchandise located on any street, sidewalk, alley, or right-of-way are prohibited (f) Off -premise signs, except temporary off -premise signs that are expressly authorized by this chapter. (g) Wall Mural. A wall mural is strictly prohibited on the exterior of any building within the city unless the wall mural is approved under the community appearance review standards set forth in sections 22-36 et. seq. (h) Window signs. Window signs that do not comply with sec. 94-4. (i) Ground signs. Ground signs with exposed metal poles. 0) Air inflated devices. City of Cape Canaveral Ordinance 05-2009 Page 10 of 29 (k) Marquee signs. (1) Roof signs. (m) Projecting signs, unless they comply with the provisions of section 94-79. (n) Tempormy signs, unless specifically authorized under this Chapter. (o) Flags and pennants that are not governmental in origin. (p) Signs that emit an audible sound, odor, or visible matter such as smoke or steam. (c) Signs that are made with or printed 017 any vegetation, curbstone, flagstone, pavement, or any portion of the sidewalk or street except house numbers and traffic control signs. (r) Balloon display. (s) Discontinued signs. (t) Animated signs or signs of a flashing, running or revolving nature. (u) Snipe signs. (v) Obscene signs. (w) Hazardous Signs. (x) Signs located or erected on an inoperable or unlicensed mora' vehicle and visible from the right-of-way or adjacent property. (y) Signs located or erected on a parked motor vehicle which are intended primarily for display purposes and not regularly used for transportation purposes and which are visible from the right-of-way or adjacent property. (z) Dilapidated signs. (aa) Pole signs. (bb) Any other sign, feature, or outdoor advertising display that does not comply with the provisions of this chapter. See. 94-7. Conformance. All signs or other outdoor advertising displays erected within the city limits shall conform to this chapter. City of Cape Canaveral Ordinance 05-2009 Page ll of 29 Sec. 94-8. Identification. Every sign or outdoor advertising display erected, constructed or maintained, for which a permit is required, shall be plainly marked with the name of the person erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for the sign by the administrator. See. 94-9. Wind pressure and dead load. All signs and other outdoor advertising displays shall be designed and constructed to withstand a wind velocity as set forth in the building code adopted in section 82-31 and shall be constructed to receive dead loads as required by the building code or other codes of the city, except temporary signs authorized by this chapter. Sec. 94-11. Maintenance, notice to repair. (a) All signs shall be erected, placed and maintained in a state of good and safe repair. Damaged signs shall be removed, repaired, or replaced. If a sign is painted, in whole or in part, the sign shall be kept well -painted. Such sign shall be repainted whenever the paint is peeled, blistered, or faded. (b) All signs shall be constructed and maintained in accordance with the provisions and requirements of the City's Building Codes, Electrical Codes, and other applicable codes. (c) All copy area shall be maintained so as to be legible and complete. (d) All signs shall be maintained in a vertical position unless originally permitted otherwise, and in good and safe condition. (e) Damaged faces or structural members shall be promptly removed, repaired or replaced. (fj Electrical systems, fasteners, and the sign and structure as a whole shall be maintained at all times in a safe condition. ARTICLE It. PERMITS AND INSPECTIONS See. 94-31. Permit required. (a) Except as otherwise provided in this chapter, it shall be unlawful for any person to erect, construct, enlarge, move, or make structural alterations to any sign within the city or cause such to be done without first obtaining a sign permit for each such sign from the administrator. This shall not be construed to require any permit for a change of copy on a sign so long as the sign or City of Cape Canaveral Ordinance 05-2009 Page 12 of 29 sign structure is not modified in any way. Any sign which is not specifically allowed by this chapter is prohibited, (b) An electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source, (c) No new permit is required for a sign which has a permit and which conforms with the provisions set forth in this chapter on the date of its adoption. A new permit shall be required for any sign when the structural configuration or electrical components are altered or when the sign is relocated. Sec. 94-32. Application for permit; review time limits. (a) Application for a permit required under this chapter shall be made upon forms provided by the building department and shall contain or have attached the information required on the form, At a minimum, the application shall contain the following information and documents: (1) The name, address and telephone number of the property owner and applicant if different than owner. (2) The name, address, telephone number and state license number of the sign contractor/manufacturer and if applicable, the same information for the engineer and architect, (3) The street address, legal description and tax identification number of property upon which proposed sign is to be located. (4) The zoning and future land use designation of the property on which the sign is to be located. (5) The type of sign, square footage, height and location of all signs currently located on the premises. (6) The type of sign, square footage, design, sign area, height, location and fully dimensioned elevation drawings of the sign or sign proposed to be erected on the premises. If the sign will be electrically lighted, a copy of the electrical plans and specifications for the sign shall be provided. In addition, the name and address of the electrical contractor shall accompany the appropriate electrical permit application. (7) Written permission of the property owner to erect the proposed sign if the applicant is not the property owner, (S) A fully dimensioned site plan showing the lot frontage, building frontage or business, establishment or occupant frontage, parking areas and location of all existing and proposed signs. For ground signs and temporary signs which are subject to permitting, the site plan shall show the distance from the right-of-way and property lines, and street comer visibility calculations. City of Cape Canaveral Ordinance 05-2009 Page 13 of 29 (9) For temporary signs subject to permitting under this chapter, the applicant shall provide the name, date and time associated with the event or activity and a time frame for the temporary sign to come down. (10) The type of construction, materials, sign supports, electrical details for the proposed sign. (l 1) Wind load calculations and footer details for the proposed sign as required by the City's adopted building code. (b) The administrator shall grant or deny the sign permit application within forty-five (45) calendar days from the date that a completed application and permit fee was filed with the City, unless aesthetic review of the proposed sign is required under sections 22-36 et seq., City Code, then sixty (60) calendar days. For purposes of calculating the time period, the day of receipt shall not be counted. Further, if the last day falls on a Saturday, Sunday, or legal holiday, the decision shall be made on the next regular business day. Notwithstanding any contrary sign application requirements contained in this section, any person may request that a sign or signs be approved as part of an overall proposed development plan for a particular land development project. In such cases, the person will be required to submit the plans and specifications of the sign(s) with the plans and specifications for the proposed land development project. The proposed sign(s) will be reviewed and approved in conjunction with the site plan review, aesthetic review, and building permit review. In addition, in cases in which the applicant has requested a variance, waiver, or other zoning approval in conjunction with the sign application, the decision time period shall be suspended while the applicant seeks such zoning approval. In the event that no decision is made within forty-five days following the filing of a completed application, the application shall be deemed denied and the applicant may then appeal the decision to the construction board of adjustment. See. 94-33. Issuance of permit. (a) Upon the receipt of a completed building permit application and upon payment of the appropriate building permit fee by the applicant, the administrator shall promptly conduct an investigation of the application, the proposed sign and the premises. In addition, if required under sections 22-36 et seq., City Code, the administrator shall forward the application to the community appearance board for review and consideration. (b) If, after review and investigation as required herein, the administrator determines that the application meets the requirements contained in this chapter and determines the proposed sign will not violate any building, electrical, and aesthetic or other adopted codes of the city, the administrator shall issue the permit or issue the permit with conditions (which means legal conditions existing in the city code). If the work authorized by the permit has not been completed within six (6) months after the date of issuance, the permit shall become null and void, unless the administrator grants an extension of time, not to exceed three (3) months, for good cause shown. City of Cape Canaveral Ordinance 05-2009 Page 14 of 29 (c) If, after review and investigation as required herein, the administrator determines that one or more reasons for denial exist, the permit shall be denied and the administrator shall make a written report of the denial and the reasons therefore. A copy of the report shall be sent by certified mail to the designated return address of the applicant on the application. The application for a permit shall be denied if one or more of the following conditions are found to exist: (l) The application does not comply with the requirements of this chapter; or (2) The application would violate any building, electrical, aesthetic or other adopted codes of the city. (d) Any person denied a building permit for signs may file as a matter of right a written notice of appeal to the construction board of adjustment within ten calendar days after rendition of the denial pursuant to the provisions of section 94-33; except, however, issues decided by the community appearance board or the city council pursuant to sections 22-36 et seq, City Code, or in conjunction with a site plan application, shall not be appealed to the construction board of adjustment and shall be appealed under the applicable provisions set forth in sections 22-36 et seq and the site plan review procedures. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the construction board of adjustment. The appellant shall be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross-examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the administrative action. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. See. 94-34. Revocation of permit. The administrator is authorized and empowered to revoke any permit issued under this chapter for failure of the permittee to comply with any of the sections of this chapter. Such revocation shall be in writing and shall show cause for the revocation notice. Within seven days after the mailing of notice, the permit holder may request, in writing to the city manager, a hearing before the construction board of adjustment to show cause why the permit should not be revoked. The construction board of adjustment shall hold a hearing and decide the appeal within 30 calendar days from the date the notice is received by the city manager. The permittee shat[ be afforded minimum due process including, but not limited to, the right to notice of the hearing, a fair opportunity to be heard in person and through counsel, to present evidence, and to cross-examine witnesses. The decision of the construction board of adjustment shall be final. No further exhaustion of administrative remedies shall be necessary for judicial review of the revocation decision. Any person aggrieved by a final decision of the construction board of adjustment may immediately appeal the decision as a matter of right by filing an appropriate pleading with a court of competent jurisdiction. A prompt review and decision shall be rendered by the court. City of Cape Canaveral Ordinance 05-2009 Page 15 of 29 The record of the hearing shall consist of the complete record of the proceedings before the construction board of adjustment. See. 94-35. Fees. Permit and inspection fees for the erection alteration or relocation of a sign, exclusive of any costs for an electrical permit, shall be set forth in appendix B schedule of fees to this Code and shall include fees for the following: (1) In addition, fees for signs are calculated by using contract amount consistent with the city's schedule of fees; (2) Re -inspection; and (3) If any person conunences any work before obtaining the necessary permit, all fees shall be doubled. (4) As an incentive to eliminate nonconforming signs, the City Manager shall be authorized to waive sign permitting fees for any sib application that is filed for purposes of eliminating or modifying a nonconforming sign and making it in full compliance with the provisions of this chapter. Sec. 94-36. Inspection by administrator. The administrator is empowered to enter or inspect any building, structure or premises in the city upon which or in connection with which a sign is located, for the purpose of inspection of the sign, its structural details and electrical connections and to ensure compliance with this chapter, Such inspections shall be carried out during business hours, unless an emergency exists. Sec. 94-37. Notice for inspections. The person constructing, erecting or relocating a sign for which a permit is required shall notify the building department at all stages of construction that requires inspection and approval by the administrator. Authority for and time of such inspections shall be as follows: (1) A footing inspection for all detached signs shall be required; (2) A final structural inspection shall be required at completion of the work on all types of signs; and (3) A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source. (4) Other inspections as required by the adopted building code. Secs. 94-38--94-60. Reserved. City of Cape Canaveral Ordinance 05-2009 Page 16 of 29 ARTICLE 1I1. SIZE, LOCATION AND CONSTRUCTION DIVISION I. GENERALLY Sec. 94-61. Restrictions on placement. (a) No sign or banner shall be suspended across any public street, avenue or alley, unless approved by the city council in situations when the street, avenue, or alley will be closed to vehicular traffic at the location of the sign or banner or the city council has determined that the sign or banner will not constitute a hazardous sign or banner under the definition set forth in section 94-1 and the provisions set forth in section 94-62. (b) No sign shall be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants, benches, bridges or any structures, other than awnings, within the property lines of any street, avenue or alley within the limits of the city. (c) No sign shall be attached to any private wall, window, door, gate, fence or to any other private structure, without the written permission of the owner or lessee and without compliance with the provisions of this chapter. Sec. 94-62. Abandoned and hazardous signs. (a) Abandoned signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten days of the service of notice from the administrator, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six consecutive months prior to the date of the notice from the administrator. If the order to remove is not complied with, the administrator may remove the sign, and an assessment lien, on parity with real estate taxes, may be filed against the property for the expense incurred in removal of the sign. (b) Hazardous signs. The administrator shall refuse to issue a permit for any sign, which will constitute a hazard and a potential menace to the safety of the public, and the administrator may require the removal of any sign which is not properly maintained or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard after 48 hours from the time of notice by the administrator requesting the removal of such sign, unless within that time, the permittee or owner shall have filed with the administrator notice of his or her intention to appeal his decision to the code enforcement board, or the administrator has determined that exigent circumstances exist that require the immediate removal of the sign in order to abate the public hazard. Any such sign displayed more than 48 hours after notice to remove the sign may be removed by the city at the expense of the permittee or owner, unless the matter is pending an appeal to the code enforcement board or unless the decision of the administrator has been reversed by the code enforcement board. City of Cape Canaveral Ordinance 05-2009 Page 17 of 29 (c) Signs constituting traffic hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; at any location where, because of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word commonly used on traffic control signs or signals. Visibility at intersections shall be in accordance with the figure 94-1. See. 94-63. Ligbting. (a) Gooseneck reflectors, spotlights, floodlights and other lights shall be permitted on ground signs, and wall signs. However, the reflectors shall be provided with proper lenses concentrating the illumination upon the area of the sign so as to prevent the glare upon the street or adjacent property. (b) Electrical signs shall comply with applicable Electric Codes. See. 94-64. Criteria and standards for measurement and placement. (a) Area. The permitted area of ground signs in all zoning districts, and unless otherwise specified in this chapter, is dependent on street frontage of the property on the basis of one square foot of sign area for each lineal foot of property frontage up to the maximum specified in each zoning district. Wall signs shall be computed on the basis of one square foot of sign area for each lineal foot of building or tenant space frontage up to the maximum allowed in each zoning section. For the purpose of determining area, the total area of a sign is that within the smallest parallelogram, triangle, circle or semicircle or combinations thereof which will completely enclose the outside perimeter of the overall sign, including the border, if any, but excluding supports. Three dimensional signs shall be measured at the largest vertical cross section. (b) Combinations of signs. Except where specifically permitted, the types and areas of signs may not be combined to allow a larger size than that listed for a single sign. Ground signs may be placed at an angle on a corner at no increase in size over that of a single sign. The sum or the area of the faces visible from any one point shall not exceed that allowed for a single sign. (c) Corner lots. Where two 0 ound signs are used on a corner lot, the area of both signs may not exceed the area allowed for frontage as provided in subsection (a) of this section. (d) Display ofpermit number. The sign permit number for all signs requiring a permit shall be prominently displayed by the owner or user of the sign on the property where the sign is located. (e) Height, setback and location measurements. Measurements for setback and location for all signs in all allowable districts shall be made from that portion of the sign nearest that point of ground reference to which the measurement is to be made, but in no event shall a sign of any kind project over public property or public rights-of-way, whether affixed to a building or otherwise. The height of signs shall be measured from grade level at the closest edge of the street paving and shall include all decorative portions of the sign. All setback measurements shall be Ciry of Cape Canaveral Ordinance 05-2009 Page 18 of 29 made from the property lines as a point of reference to the projecting edge or comer of the sign, unless otherwise specified. (f) Grovnd signs. Ground signs shall be set back a minimum of six feet from the property line. No ground sign shall be placed within the visibility triangle (refer to figure in section 94-1). (g) Size limit. No ground sign shall be supported so that the uppermost edge is more than twenty (20) feet above the grade level from edge of street pavement. This subsection shall not apply to any sign on the face of the building. Any sign that is not attached to a building shall not exceed one hundred fifty (150) square feet on its largest front. Sec. 94-65 Aesthetic Requirements of Signs. The city council may adopt, by resolution or ordinance, general aesthetic requirements which pertain specifically to signs and wail murals permitted by this chapter. Said requirements may include form based regulations (e.g. signage size, materials, illumination, placement, landscaping, scale, etc.) through the use of words, pictures and diagrams that identify acceptable and unacceptable signage consistent with the requirements of this chapter. Upon adoption, said requirements shall be deemed fully incorporated into this chapter and shall have the force of law. Sees. 94-66--94-75. Reserved. DIVISION 2. TYPES OF SIGNS Sec. 94-76. Temporary on -premises signs. (a) Temporary on -premises signs shall be permitted under the following conditions: (1) Provided the temporary sign satisfies all the requirements of this section, no permit shall be required under section 94-31. (2) Temporary signs shall be free standing signs. (3) Temporary signs shall be removed within three (3) days after the date upon which the sign has fulfilled its purpose (e.g., the scheduled event or occurrence has concluded). (4) On residential property, no one temporary sign shall exceed six (6) square feet and the total number of temporary signs installed on any one residential property shall not exceed three (3). However, during gubernatorial, presidential, and City election years, the three (3) sign limitation shall not apply on election day and during the thirty (30) days prior to and five (5) days after the election day. (5) On non-residential property, no one temporary sign shall exceed thirty-two (32) square feet and the total area of temporary signage installed on any non-residential property shall not exceed ninety-six (96) square feet, except more than ninety-six (96) square feet of signage may be installed as provided in this section. However, during City of Cape Canaveral Ordinance 05-2009 Page 19 of 29 gubernatorial, presidential, and City election years, the ninety-six (96) square foot limitation shall not apply on election day and during the thirty (30) days prior to and five (5) days after the election day. (6) Temporary signs may be double faced (back-to-back) and only one side of a double faced sign shall be counted for sign area calculations. (7) The maximum height of any temporary sign shall be four (4) feet on residential property, or eight (8) feet on any non-residential property. (8) Minimum setbacks for any part of the temporary sign structure shall be a minimum of two (2) feet from any right-of-way. (9) No temporary sign shall be placed within the right-of-way. No temporary sign shall be placed within the visibility triangle. (10) The temporary sign shall be constructed of sturdy material such as wood, hard plastic, vinyl, masonite or particle board of sufficient thickness so as to withstand the weather elements commonly experienced within the City. Cardboard and paper faced temporary signs are strictly prohibited unless they are safely fastened, in its entirety, to a backing made of material set forth in this section. (11) If the temporary sign is promoting products or services available on the premises, the sign may only be displayed during the normal business hours of the business located on the premises. (b) In addition to the general requirements in subsection (a), the following requirements shall apply to the specific types of signs listed below: (1) Areas under development, such as shopping centers, apartments, condominiums and subdivisions, shall be permitted one (1) sign not to exceed a sign area of sixteen (16) square feet on residential property and thirty-two (32) square feet on nonresidential property after a building permit is issued or site plan has been approved. In addition, each subcontractor shall be allowed one (l) sign not to exceed a sign area of nine (9) square feet and four (4) feet in height. Signs allowed hereunder shall be permitted for one (1) year or until the building permits for the area under development have expired or been revoked or the applicable site plan approval has expired. If the project is not completed within one (1) year, the city manager may grant an appropriate extension(s) not to exceed the removal date set forth under this subsection (1). All signs must be removed from the property within seven (7) days of the date on which the project is completed, suspended, or abandoned for at Least three months. The primary contractor's licensing information shall be legibly displayed on at least one of the signs located on the area under development. (2) A maximum of one (1) on -premises banner sign may be erected on nonresidential property not to exceed ninety-six (96) square feet, and on residential property not to City of Cape Canaveral Ordinance 05-2009 Page 20 of 29 exceed twelve (12) square feet. A banner sign may be erected for a maximum of thirty (30) days on nonresidential property and a maximum of fourteen (14) days on residential property during any calendar year. A banner sign is exempt from the freestanding requirement set fonh in subsection (a) (2) above and the size restriction set forth in subsection (a) (4) and (5) above, provided it is securely fastened in a manner to withstand weather elements commonly experienced in the City. (c) Bag signs shall be temporarily permitted for one hundred eighty (180) calendar day period of time in cases when the copy area of an existing sign has been damaged and is awaiting repair and when the copy area is being replaced to accommodate a new or renamed business. The administrator may grant an extension of time for good cause shown provided any extension shall not exceed one hundred eighty (180) calendar days. Sec. 94-77. Emergency Response System. For 911 and emergency response purposes, the primary address of the building shall be displayed on the property and shall be visible from the public or private street. For commercial and industrial buildings, the address or range of addresses shall be incorporated into the signage permitted for the property with numerals/letters a minimum of six (6) inches in height in contrasting colors, but the address shall not be counted against allowable copy area. In addition to the address being posted on a single family residential mailbox or single family dwelling, a sign not to exceed three (3) square feet may be posted on the dwelling at the main entrance or in the yard, provided the sign is visible from the public or private street. The address shall not be counted against allowable copy area. The display shall be posted in a manner that is consistent with the fire and life safety industry standards for posting such emergency response displays. Sec. 94-78. Electronic Signs. Electronic signs may be approved under this chapter provided the proposed electronic sign satisfies the following requirements: (a) A maximum of one electronic sign may be incorporated into a monument sign and shall not be part of any other kind of sign including, but not limited to, a pole or pylon sign. The electronic sign must be in compliance with all applicable provisions of this chapter. However, if the property can not accommodate a monument sign due to physical size, building, and set back constraints of the property, an electronic sign may be incorporated into a pylon sign. Further, an electronic sign shall not be a stand alone sign. (b) The electronic sign shalt not be installed higher than ten (10) feet from grade level, unless incorporated in a pylon sign authorized by this chapter. (c) The size of the electronic sign shall be limited to a maximum size equal to thirty-two (32) square feet. The maximum area of the sign shall not exceed one hundred twenty (120) square feet. The electronic sign shall be fully incorporated within the outer perimeter of the sign. City of Cape Canaveral Ordinance 05-2009 Page 21 of29 Further, the size of the electronic sign shall be included in the calculation for the total signage allowed for the property and the overall size limitation for a particular sign. (d) The electronic sign shall be limited to display of static alphanumeric characters only. Non -static graphic displays of non alphanumeric characters (such as simulations of fireworks, bouncing hearts, lighthouses, human bodies, and cartoon characters) shall be prohibited. (e) The display time for each message containing alphanumeric characters shall be a minimum time period of seven (7) consecutive seconds per display. (f) Notwithstanding any contrary provision in this section, an existing pylon or pole sign which exceeds fifteen (15) feet in height may be modified to incorporate an electronic sign under the following conditions: (1) The pole or pylon sign shall be reduced in height to fifteen (15) feet or lower. (2) A pole sign shall be modified to a pylon sign. (3) The maximum area of the sign shall not exceed one hundred twenty (120) square feet, and the size of the electronic sign shall be limited to a maximum size equal to thirty-two (32) square feet. (4) The modified sign must be in compliance with all other applicable provisions of this chapter. Sec. 94-79. Projecting Signs. A projecting sign shall be permitted provided the following minimum standards are satisfied: (a) It shall not be larger than six (6) feet in its greatest dimension. (b) It shall not encroach into a required building setback by more than three (3) feet. (c) The lowest portion of the sign shall be at least seven and one-half (7 1/2) feet above grade. (d) It shall not project into a vehicular pathway, (e) It shall not extend above the eave or parapet line of the building wall on which it is affixed. Sec. 94-80. Off -Premise Signs. No off -premise sign shall be erected in the city, except temporary off -premise signs may be pennitted in accordance with section 94-81. Any off -premise sign erected in violation of this City of Cape Canaveral Ordinance 05-2009 Page 22 of 29 section shall be removed within forty-eight (48) hours of notice to the sign owner and property owner. However, temporary off -premise signs erected in violation of this section shall be removed immediately. If the sign owner or property owner fails to remove the sign, the city shall do so at the sign owner's or property owner's expense. The city shall also have the right to impose an assessment lien, on parity with real estate taxes, on the property for any removal expenses incurred by the city to remove the unlawful off -premise sib . Sec. 94-81. Temporary Off -Premise Signs. (a) Temporary off -premise signs may be erected upon issuance of a permit by the administrator, provided the temporary off -premise sign(s) meets the following conditions: (1) The activity or place so displayed or promoted on the sign will occur or be located within the Jurisdictional boundaries of the City. (2) The property owner on which the sign will be erected has consented to the placement of the sign. (3) The size, height, and placement of the sign shall comply with the requirements set forth in section 94-76 for temporary on -premise signs. (4) No sign shall be erected on or within any right-of-way or within the visibility triangle. (b) Any permit issued under this section shall have a maximum duration of fifteen (15) calendar days. Further, a maximum of one permit shall be issued per activity or event being displayed on the sign. In addition, there shall be a four (4) permit limitation per calendar year for any particular location within the jurisdictional boundaries of the City. Sec. 94-82. Awnings and canopies. (a) Signs on awnings shall be allowed only on that vertical portion commonly referred to as the valance or fringe and shall be calculated as a portion of any allowable wall sign. (b) Signs on canopies shall be allowed only when calculated as a portion of any allowable wall sign. (c) Address numbers on canopies and awnings shall not be considered as a portion of the allowable wall signage area. See. 94-83. Home occupation signs. A home occupation sign that is nonilluminated and does not exceed two square feet in area concerned shall be permitted per district requirements if it is affixed flat against the exterior City of Cape Canaveral Ordinance 05-2009 Page 23 of 29 surface at a position not more than two feet distant from the main entrance of the dwelling unit. There shall be no more than one of these signs per unit. Secs. 94-84 Ground Signs. Ground signs shall be required to meet the criteria and standards set forth in section 94-64 and other applicable provisions of the City Code. Sec. 94-85 Variances. (a) The administrator may grant, upon request by the property owner, a variance to any set back requirements set forth in this chapter, provided the administrative variance does not cause a safety hazard to persons or property, cause a violation of other applicable provisions of the City Code, and exceed ten percent (10%) of the applicable set back. (b) A variance may be granted for any height, location, or size requirement under this chapter pursuant to the variance procedures set forth in chapter 110, article 11, of the City Code. Sec. 94-85 - 94-95. Reserved. DIVISION 3. DISTRICT REGULATIONS Sec. 94-96. R-1 low density residential district. (a) Signs are permitted in the R-1 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-1 district is prohibited. Sec. 94-97. R-2 medium density residential district. (a) Signs are permitted in the R-2 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-2 district is prohibited. Sec. 94-98. R-3 medium density residential district. (a) Signs are permitted in the R-3 low density residential district as listed in table 94-96-1. (b) Any sign not specifically permitted in the R-3 district is prohibited. Sec. 94-99. C-1 low density commercial district, C-2 commercial/manufacturing district and M-1 light industrial and research and development district. City of Cape Canaveral Ordinance 05-2009 Page 24 of 29 (a) Signs are permitted in the C-1 commerciaUmanufacturing district and the M-1 district as listed in table 94-96-1. low density commercial district, C-2 Light industrial and research and development (b) Any sign not specifically permitted in the C-1, C-2 and M-1 districts is prohibited. Sec. 94-100. Shopping center or multi -tenant center in any district. (a) Signs are permitted for shopping centers or multi -tenant centers in any district as listed in table 94-96-1. Table 94-96-1 District Restrictions TABLE INSET: Type of Sign R-1 R-2 R-3 C-1, C-2 & M-1 Temporary Per Section Per Section Per Per Section 94 - on -premises 94.76 94-76 Section 76 Sien 94-76 Temporary Per Per Per Per Off -Premises Section 94- Section 94- Section Section 94-81 Sign 81 V 94-81 Max area 6 s.f. 6 s.f. 6 s.f. 1 32 sI Mar. height 4' 4' 4' a' Areas under development a. General Max no. I I I 1 Max- area 16 s.E 16 s.f. 16 s.f 32 s.E Max heir l 4' 4' 4' 8' b.Per subcontractor Max. area 9 s.f 9 s.E 9 s f. 9 s.f Max. height 4' 4' 1 4' 4' Horne Max. no. I I I I occupation Max area 2 s.f. 2 s.f. 2 s.f. 2 s.f. Ground Max. no. Prohibited I per street I per street I per street rrontage/per frontage/p frontage access et access entrance entrance Max 2 signs Max. 2 signs Max area 325r. 32 s.E One s.f. per lineal A, of property frontage up to a Max. of ISO s.f. Max height 8' S. 20' Max. width 25' 2S' 25' well Max. no. Prohibited S 1 2 per storefront or structure, providcd each structure is a separate City of Cape Canaveral Ordinance 05-2009 Page 25 of 29 Sees. 94-101--94-104. Reserved. See. 94-105. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-way may be removed by the City or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall, upon- receipt of written notification from the Administrator or code enforcement officer, immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall immediately remove the sign if the Administrator has determined that exigent circumstances exist that require the abatement of a public hazard. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforcement officer or administrator that a sign is illuminated in violation of this chapter or other provisions of the City Code regulating spillover lighting, the owner, owner's agent, or person in control of the premises, shall immediately terminate the prohibited illumination of such sign. Sees. 94-106--94-109 Reserved. See. 94-110. Implied Consent. City of Cape Canaveral Ordinance 05-2009 Page 26 of 29 business. Max. area One s -f per One s.f Parallel to lineal foot of per lineal street 150/4 of building wall fool of wall height (x) that the sign building wall width of is on wall that wall that sign is the sign is located on: on max- 160 s.f. Perpendicular to street, 15% of wall height (x) wall width of wall tial sign is located on. mar. 128 s -.f. Banner Signs Max- no 1 1 I I Max. arca 12 sq, A. 12 sq- fl- l2 sq. ft. 96 sq. ifl. Electronic Max- no n/a rJa n/a per Section 94- sigirts 78 Max- area Wit n/a n/a 24 sq i1. Wall mural Prohibited Prohibited Prohibited Prohibited unless unless unless approved approved per approved per 94-6(g) 94-6(g) per 94- 6(,) Sees. 94-101--94-104. Reserved. See. 94-105. Enforcement. (a) Removal of signs. Private signs on public property or public rights-of-way may be removed by the City or its agents without notice to the sign owner. (b) Should any sign be in danger of falling, or otherwise unsafe in the opinion of the code enforcement officer or the administrator, the owner thereof, or person maintaining the sign, shall, upon- receipt of written notification from the Administrator or code enforcement officer, immediately secure the sign, cause it to be placed in good repair or remove the sign, or shall immediately remove the sign if the Administrator has determined that exigent circumstances exist that require the abatement of a public hazard. (c) Removal of illegally erected signs. The owner, owner's agent, or person in control, of any property where an illegally erected sign is located shall have the sign immediately removed. (d) Termination of unlawful illumination. Upon receipt of written notification by the code enforcement officer or administrator that a sign is illuminated in violation of this chapter or other provisions of the City Code regulating spillover lighting, the owner, owner's agent, or person in control of the premises, shall immediately terminate the prohibited illumination of such sign. Sees. 94-106--94-109 Reserved. See. 94-110. Implied Consent. City of Cape Canaveral Ordinance 05-2009 Page 26 of 29 Any person applying for, and the property owner upon which the sign will be erected, and receiving a permit for any sign hereby consents to the following: (1) consents to complying with all provisions of this code; and (2) consents for City officials to come on private property to inspect all signage and to remove illegally erected signs upon reasonable advanced notice by the city. Sees. 94-111--94-114 Reserved. 94-115. Viewpoint Neutral. Notwithstanding anything "sn this chapter or code to the contrary, no sign or sign structure shall be subject to any limitation based upon the content (viewpoint) of the message contained on such sign or displayed on such sign structure. Secs. 94-116--94-119 Reserved. Sec. 94-120. Severability. (a) General. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter. (b) Severability where less speech results. Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this article, even if such severability would result in a situation where there would be less speech, whether by subjecting previously exempt signs to permitting or otherwise. (c) Severability of provisions pertaining to pr•ohibiled signs Without diminishing or limiting in any way the declaration of severability set forth above in subsection (a), or elsewhere in this chapter, this Code, or any adopting ordinance, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter or any other law is declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter that pertains to prohibited signs, including specifically those signs and sign -types prohibited and not allowed under section 94-6 of this chapter. Furthermore, if any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 94-6 is declared unconstitutional City of Cape Canaveral Ordinance 05-2009 Page 27 of 29 by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of section 94-6. (d) Severability ofprohibition on Off -Premise Signs. If any part, section, subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this chapter and/or any other Code provisions and/or laws are declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, the declaration of such unconstitutionality shall not affect the prohibition on off -premise signs as contained in this chapter and Code. Section 4. Amendment to Appendix B Schedule of Sign Fees, Appendix B of the Code of Ordinances, City of Cape Canaveral, Florida, related to Chapter 94, is hereby amended as follows (underlined type indicates additions and s�Fikeeut type indicates deletions): APPENDIX B SCHEDULE OF FEES Chapter 94. Signs (a) Permh fee shall be calculated on actual 32.00.50,00 conhact cost using subsec40n (a) of Chapter 82 of Append x B M Relaspeclion fee 94.35 (A c) For mmmencirng work Athout a permit all fees shall be double (e) Polikal si s-deposi!{ efundable), -. -., 44.4 844 (J d] Temporary remise s[gns and 25,00-50.00 banners and temporary nonfesidenbal 94-217 and 9-'-4(71 sidns arealer than 12 $at ft.. Section S. 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 6. 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 Cily Code may be freely made. Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this Ordinance is for any reason held invalid or unconstitutionai 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 8. Effective Date. This Ordinance shall become effective on October 1, 2009 upon adoption by the City Council of the City of Cape Canaveral, Florida. City of Cape Canaveral Ordinance 05-2009 Page 28 of 29 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this day of 2009. ATTEST: SUSAN STILLS, City Clerk First Legal Ad Published: First Reading: Second Legal Ad Published: Second Reading: ROCKY RANDELS, Mayor For Against Approved as to legal form and sufficiency for the City of Cape Canaveral only: ANTHONY A. GARGANESE, City Attorney Bob Hoog Rocky Randels C. Shannon Roberts Buzz Petsos Betty Walsh City of Cape Canaveral Ordinance 05-2009 Page 29 of 29 ■ NOTICE OF PUBLIC HEARING A PublicHearing of the City of Cape Canaveral City Council will be held on Tuesday, September 15, 2009 at 7:00 p.m., City Hall Annex at 111 Polk Avenue, Cape Canaveral, Florida. The City Council will take public comment and consider adoption of Ordinance 05-2009 on second and final reading, amending Chapter 94, Signs, of the Cape Canaveral Code of Ordinances. ORDINANCE NO. 05-2009 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, ADOPTING A NEW CHAPTER 94, SIGNS, OF THE CODE OF ORDINANCES; PROVIDING FOR THE PURPOSE AND SCOPE OF THE CHAPTER, DEFINITIONS, THE REGULATION OF TEMPORARY SIGNS, SIGN APPLICATION, PERMIT, INSPECTION PROCEDURES, ZONING DISTRICT RESTRICTIONS, SIZE, TYPE AND PLACEMENT REQUIREMENTS; PROVIDING FOR ENFORCEMENT REGULATIONS; PROVIDING A STATEMENT OF VIEW POINT NEUTRAL INTENT RELATIVE TO MESSAGES ON SIGNS; PROVIDING FOR OTHER MISCELLANEOUS AMENDMENTS; AMENDING APPENDIX B SCHEDULE OF FEES RELATED TO SIGN PERMIT FEES; MAKING CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND EFFECTIVE DATE. Copies of this ordinance are available for public inspection at City Hall. All persons wishing to be heard should appear in person at these hearings or send written comments to the City Clerk. All persons and parties are hereby advised that if they should decide to appeal any decision made by the City with respect to any matter considered at the public meeting or hearing described in this notice, they will need a record of the proceedings, and for such purpose, said person or party may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based (Chapter 286, Florida Statutes). In compliance with the Americans with Disabilities Act (ADA), anyone who needs a special accommodation for this meeting should contact the City Clerk at (321) 868-1221 at least 48 hours in advance of this meeting. Barry Brown City Planner its Customer requests sign permit I NN customer empletes, permit application and submits plans and specifecabons Piens 6aminef oerfofms code r"ow Sign permit flowchart Customer compktes CAB epphcanon Yes Ctrsttarnae oomplefes permit appliratiort and submits plans and apxrficadons Castorner subrnita revisions -*ccd� men, Is the proposed Is the proposed si in or. Y® No permit will be s;4gA an -off- ��� No perms will be premise sign- as Issued_ Process premise sign' as Issued. Process defined In Complete deified in complete ordinance? ordinance? No No %ns eramdner Not took ng at Not locking of forwards wewpoinl or Plans examiner forv+ards Aewpofnt or notice of concern. are Uxe notice of deficieyne es to content, are the defidenclrs technical codes arrrAioam iechn cal coda's to applicant No met? No met? Yat Plans exomfner Plans examiner stamps and prem mew dates approval of permit for CAB documents CAB meeting f�onl counter staff Board secretary notifies plans prepares sign permit examiner of approwl Request Customs; performs work ca16for irispw:tion approved Yrs by CAB" NO Did No inpecdon pass? fdo permd will be issuo-i. Prcu ss compktz YM Process complete City of Cape Canaveral City Council Agenda Form �d City Council Meeting Date: September 15, 2009 V0 DISCUSSION: MODEL WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION Department: PUBLIC/ WATER RECLAMATION Summary The St. Johns Water Management District is requesting that local governments adopt the model ordinance. I am requesting City Council's feedback prior to scheduling this for first reading. Requested Council Action: City Council review and comment on the Model Water Ordinance for Landscape Irrigation. .... Financial Impact: Unknown at this Time Attachments: X Supporting Documents Reviewed SJRWMD memo; Model Ordinance __._....,�...._ _.,. -1111.m--.............� ....... Sub i"Depment He: Date:C r Approved by City Manager: Date: City -.... 11pP ......� .. Ci Council Action. Approved, as Recommended Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 7 ■ Oh -t&-- s ` kive r Water Managemerit District ur s' Kirov B• Grmen %NN, Exec lm:, DIrr:utef - David W. risk, Asslslant Executive Diiector 4049 Reid Streei • P.O. Box 1429 • Palatka, FL 32178-1429 • (386) 329.4500 On the Internet at www.sjrwmd.com. MEMORANDUM DATE: January 21, 2009 TO: Elected officials, city/county managers, public works, water supply utilities FROM: Jeff Cole, Director, Office of Communications and Governmental Affairs 11 �VL SUBJECT: Irrigation ordinances To enhance water conservation, the St. Johns River Vater Management District's Governing Board approved amendments to the District's landscape irrigation rule 40-C-2.042, Florida Administrative Code (F.A.C.). The amended rule limits landscape irrigation to no more than two days a week during Daylight Saving Time and no more than one day a week during Eastern Standard Time. Other key provisions include an irrigation schedule using an odd/even/no address system; no irrigation between 10 a.m, and 4 p.m.; irrigation limits of three-quarters of an inch of water per zone per scheduled irrigation day and no more than one hour per irrigation zone per scheduled irrigation day. Some exceptions are included in the amended rule, such as the use of reclaimed water. The amended rule applies districtwide and will become effective March 8, 2009. A summary of the amended reale is available at wvvrt,.sjrwnul.com/wateringrestrictions. In our work together to increase water conservation, the District needs the assistance of local governments in implementing the provisions of the amended rule through adoption of ordinances that are consistent with the rule. Although the Florida Legislature has provided that water management districts have preemptive and exclusive authority to regulate consumptive uses of water in section 373.217, Florida Statutes (F.S.), the Legislature has also provided the authority in section 373.609, F.S., for local governments, upon request by the District, to assist in the enforcement of District rules. Therefore, in its amended rule, the District has authorized local governments to enforce the District's landscape irrigation rule by the adoption of an ordinance incorporating the provisions of the District's rule. If you currently have a landscape irrigation ordinance in place, please amend the ordinance to incorporate the provisions of the District's amended landscape irrigation rule, 40C -2.042(2)(a), F.A.C. Please note that a landscape irrigation ordinance may not contain provisions that are more lenient than the provisions set forth in the District's landscape irrigation rule. Additionally, provisions that are more restrictive are not authorized in an ordinance regulating the landscape irrigation of the general population within a local government's jurisdiction. To assist you in this effort, the District has developed a model ordinance that incorporates all the necessary provisions. The model ordinance is available at wwn;.sjrwmd.comhvateringrestrictions. If your local government chooses to adopt an ordinance, please submit the proposed ordinance to the District at least 30 days prior to adoption. If you contact us when you begin the ordinance GOVERNING BOARD Susan N. Hugh10s, CKAMMAN W. Leonard Wood, VICE CHAIRMAN Hersey °Herky" Huffman, EEcs-TAHY Hans G. TargJer INN TREA5rft8 POINTE VEDPA. FEANANDINA BEACH ENTERPRISE JACKSONVILLE Douglas G, Dournique Michael Ertel David G. Griahan) Allen N. Jung Ann T. Mou c, VF -,FJ BEACH REDO JACKS•OWII �,E FORTUcC,(YY @UNNILL. development process, our staff is available to work with you to ensure consistency with the District's rule. For assistance with your ordinance or if you have questions, please contact Ann Benedetti, intergovernmental coordinator, at (321) 676-6606 or abenedetfr@sjnvmd.co;n. Please forward draft ordinances to Ann for review either by e-mail or by mail to the St. Johns River Water Management District, 525 Community College Parkway S.E., Palm Bay, FL 32909. We appreciate your cooperation in implementing the landscape irrigation rule amendments. Together, we can ensure water use efficiency and assist in meeting our water supply needs. ORDINANCE NO. 03-2009 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVA -RD COUNTY, FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C- 2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with Sections 3 and 5, subject to the exceptions set forth in Section 4; and WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40C -2.042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C -2,042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C - 2.042(2)(a), F.A.C.; and WHEREAS, it is the desire of the City Council of the City of Cape Canaveral, Brevard County, Florida to adopt such an ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.; and WHEREAS, the City Council of the City of Cape Canaveral, Brevard County, Florida hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA: Section _. Sections — through ___._, Code of Ordinances, are hereby created to read: WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION Section I. INTENT AND PURPOSE It is the intent and purpose of this Ordinance to implement procedures that promote water conservation through more efficient landscape irrigation. Section 2. DEFINITIONS For the purpose of this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein, When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. (a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A -M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N -Z. (b) "District" means the St. Johns River Water Management District (c) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. (d) "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial, and industrial establishments, and public medians and rights-of-way. "Landscape irrigation" does not include agricultural crops, nursery plants, cernetenes, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. (e) "Residential landscape irrigation" means the in-igation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing units and mobile homes. -2- (f] "Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including conunercial or transient housing units, hotel and motel units, and public medians and rights-of-way. Section 3. LANDSCAPE IRRIGATION SCHEDULES 1. When Daylight Savings Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10.00 a.m. and 4:00 p.m.; and d. No more than 3/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10.00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than'/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than I hour per irrigation zone oil each day that irrigation occurs. All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. Section 4. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES Landscape irrigation shall be subject to the following irrigation schedule exceptions: - 3 - Irrigation using a micro -spray, micro -jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60 -day period, provided that the irrigation is limited to the minimum amount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed `/ inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. S. Imgation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water -to -air air-conditioning unit or other water- dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. 8. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. Section 5. ADDITIONAL REOUIREMENT Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred. Section 6. VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS A variance from the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance -4- allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time. Section?. APPLICATION OF ORDINANCE The provisions of this Ordinance shall apply to each person located within the City of Cape Canaveral. For local governments located in more than one water management district, an interagency agreement between the two districts pursuant to §373.0,46(6), will be needed to use this ordinance throughout the local government jUrisdiction. Section 8. ENFORCEMENT OFFICIALS The local government should authorize law enforcement personnel o.ndlor other government staff as the enforcement officials for the area governed by this Ordinance. For example.- Law xample: Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, the [Cottitty/City][Adntinistratot/Manager] may also delegate enforcement responsibility for this ordinance to agencies and department of [County/City) government. Section 9. PENALTIES The local government should include penalties that include the issuance of citations, the freatnient of each day a violation occurs as a separate offense, the imposition of fines that are significant and progressive, and allow other legal action to be taken. For example.- Violation xample: Violation of any provision of this Ordinance shall be subject to the following penalties: First violation Written Warning Second violation $50.00 Subsequent violations Fine not to exceed $500 Each day in violation of this Ordinance shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the [County/City] may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Article. Section 10. CODIFICATION Codification of this Ordinance is hereby directed and authorized. - 5 - Section 11. ORDINANCES REPEALED The local government should list here any previous ordinances pertaining to landscape irrigation, water shortage, or other water use that conflicts with this Ordinance, District rules or Part H,, Chapter 373, Florida Statutes. Sections _ through Code of Ordinances, are hereby repealed. Section 12. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 13. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND DULY ADOPTED by the City Council of City of Cape Canaveral, Brevard County, Florida this day of , 2009. ATTEST: Susan Stills, CITY CLERK Anthony A. Garganese, CITY ATTORNEY First Reading: Legal Ad Published: Second Reading: Rocky Randels, MAYOR Bob Hoog Buzz Petsos Rocky Randels Shannon Roberts Betty Walsh FOR AGAINST Watering Restrictions Restlrictions effective beginning Marsch 8, 2009 The St. (ohns River Water Management District's permanent watering restrictions are designed to ensure the efficient use of water for landscape irrigation. The restrictions allow enough water to maintain healthy landscapes year-round. "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such flora that are situated in such diverse locations as residential areas, public, commercial and industrial establishments, and public medians and right -of way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with intensive recreational areas, such as playgrounds, football, baseball and soccer fields. Summary of the restrictions • Irrigation is prohibited between 10 a.m. and 4 p.m. • During daylight saving time irrigation is limited to no more than two days per week on scheduled days. • Residential irrigation at odd numbered addresses or no addresses is allowed on Wednesday and Saturday. • Residential irrigation at even numbered addresses is allowed on Thursday and Sunday. • Nonresidential irrigation is allowed on Tuesday and ,Friday. • During Eastern Standard Time irrigation is limited to no more than one day per week on scheduled days. • Residential irrigation at odd numbered addresses or no addresses is allowed on Saturday. • Residential irrigation al even numbered addresses is allowed on Sunday. • Nonresidential irrigation is allowed on Tuesday. • Irrigation is limited to no more than % inch of water per zone per irrigation day. • Irrigation is limited to no more than one hour per irrigation zone per irrigation day. • Irrigation is limited to only that amount necessary to meet landscape needs. • When reclaimed water is available for irrigation use, the use of private irrigation wells is not authorized. • Irrigation limitations apply to water withdrawn from ground or surface water, Iron a private well or pump, or from a public or private utility. • Irrigation limitations apply to all landscape irrigation not currently regulated by a consumptive use permit. Typically, this includes residential, commercial and industrial establishments. • persons irrigating with an automatic lawn irrigation system installed after May 1991 shall install, maintain and operate a rain sensor device or switch that overrides the system when adequate rainfall has occurred. Exceptions to the restrictions • Irrigation using a micro -spray, micro -)et, drip or bubbler irrigation system is allowed anytime. • Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60 -day period, provided that the irrigation is limited to the minimum amount necessary for establishment. • Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides when required by law, the manufacturer, or best management practices, is allowed anytime within 24 hours of application. Watering in of chemicals may not exceed '/.t inch of water per application except as otherwise required by law, the manufacturer, or best management practices. • Irrigation systems may be operated anytime for maintenance and repair purposes, not to exceed 20 minutes per hour per zone. • Irrigation using a hand-held hose equipped with a spray nozzle that can be adjusted so water flows only as needed is allowed anytime. • Discharge of water from a water -to -air air-conditioning unit or other water -dependent cooling system is not limited. • The use of water from a reclaimed water system is allowed anytime. A reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods. • The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. St. Johns River Water Management District Jt 4049 Reid Street • Q.O. Box 1429 • P ,! ;Gt a, FL 32178-1429 Phone: (386 3,29-1500 (Pakitka headqu<arter_p • On the Inters,+' 9:: wt✓v,1.sjrwtnd c -+;n 2;1:91: -02-)3 enforc,'� rhe landscape irrigation provisions by adopting landscape irrigation ordinances that incorporate each of the provisions seL forth in District Rule 40C-2.042, Fk.-Jrida Administrative Code (rA_C 1 If the strict of the specified day of week schedule results in widilue hardship, local governments would be able to grant variances. G lowever, no single zone could be 1rngatcd more than two days a week, during the period cf Daylight Savrngs Time and no more than one day a week during the period of Eastern Standard Tim e. Local goverrtinenli , would not be able to grant a variance from any other provision of the rule > Local governments would need to amend existing landscape irrigation ordinances to be consistent with the rule. NOTES, Additional changes are proposed to Lhe rule Please review all proposed changes at u u W �jrwmd corhllrngationrL�fe Due to concerns expressed by water utilities about the reclaimed water components in the proposed rule, the District has amended the proposed language to address re(]aimed water and storm water issues separately, These components are proposed to undergo a separate rulemaking process Agricultural crops, nursery plants, cemeteries, golf courses and recreational areas The current rule for irrigation of agricultural crops, nursery ;.Tants, cemet, rigs, golf (:ourses and recreational areas not regulated by a standard general or individual consumptive use permit &irn>ts irrigation to before 10 a.m. or after 4 p.m„ with a few exceptions. Additional water conservation ))rovisions are proposed to this rule. Listed below are highlights o,f the proposed changes The amount of water used for Irrigation w%'cud be lirnited tc, only that amount necessairy for efficient Utilization The rule would apply to > Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides when required by law, the manufacturer or best management practices) would be aHowed at anytinne of day on any day within 24 )lours of application Watering in of chemicdls rr«uId not exceed 'a inch of water per application except as otherwise required by law, the manufacturer or best management practices. > Operation of irrigation systems for maintenance and repair would be allowed at any time of day not to exceed 20 minutes per hour per irrigation zone. NOTES: Additional changes are proposed to the rule. Please review all proposed changes at www.sjru,md comlirrigaiionrule. Due to concerns expressed by water utilities about the reclaimed water components in the proposed rule, the District has amended the proposed language to address reclar med water and storm water issues separately. These components are proposed to undergo a separate rulemaking process. Public comments Comments regarding the proposed rule amendments should be submitted to Norma Messer, rules coordinator, Office of General Counsel, St. It has River Water Management District, 4049 Reid St., Palatka, FL 32177-2529, 1386) 329-4459, e-mail rrn csscr@sl+wrrrd.com. St. Johns River Water Management District r�..� 4049 Reid Street • PO. Box 9 429 ` Palatka, FL 32178-1429 (800)725-5922 www. sjrwmd.comlirrigationrute sjrwmd.com: Watering Restrictions: Summary Page 1 of I St. Johns River Water Management District Lawn and landscape irrigation rule Summary of rule and exceptions Summary of the rule slrwmd&om BACK TO WATERING RESTRICTIONS INDEX • Irrigation is prohibited between 10 a.m and 4 p m • Irrigation is limited to no more than two days per week, per zone • Irrigation limitations apply to water withdrawn from private wells, surface water and water from public supply utilities. • Water users choose their own irrigation days unless their local government adopts an ordinance and specifies their irrigation days • If a local government adopts an ordinance with specific irrigation days, those irrigation days will be as follows. o Odd numbered addresses — Wednesdays and Saturdays o Even numbered addresses or no address — Thursdays and Sundays • Click HERE for a list of local governments that have adopted ordinances consistent with the District's rule and specify the two days a week irrigation can occur. • irrigation limitations apply to all lawn and landscape irrigation not currently regulated by a consumptive use permit. Typically, this Includes residential, commercial and industrial establishments. • Two -day -a -week Irrigation limitations do not apply to golf course fairways, greens, tees and roughs. agricultural crops, nursery plants, or high -use recreational areas such as ball fields. Consumptive use permits typically regulate these types of irrigation. • Persons Irrigating with an automatic lawn Irrigation system installed after May 1991 shall install. maintain and operate a rain sensor device or switch that overrides the system when adequate rainfall has occurred. Exceptions to the rule • Irrigation using a micro -irrigation (drip) system is allowed anytime. • Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60 -day period, provided that the irrigation is limited to the minimum amount necessary for establishment. • Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides when required by law, the manufacturer, or best management practices, is allowed anytime within 24 hours of application. • Irrigation systems can be operated anytime for maintenance and repair purposes, not to exceed 10 minutes per hour per zone. • Irrigation using a hand-held hose equipped with a spray nozzle that can be adjusted so water flows only as needed is allowed anytime • Discharge of water from a water -to -air air-conditioning unit or other water -dependent Cooling system is not limited. • The use of water from a reclaimed water system is allowed anytime. A reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another source during peak demand periods • The use of recycled water from wet detention treatment ponds for Irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. If additional irrigation is required • A standard general permit is required to irrigate three days a week To obtain a permit, applicants must demonstrate the need to irrigate three days a week, and submit a $50 application fee. © 2007-2009 St. Johns River Water Management District littp://ww�v.S�ii-wind.com/waten'ngrestrictions/sui-nmary.htini 2/17/2009. Proposed rule amendments for irrigation In an effort to increase water conservation, the St- Johns River Water Management District is proposing additional water conservation provisiG: n°7- Listed below are highlights of the proposed changes. Landscape irrigation In 1991, the District adopted a rule limiting landscape irrigation to before 10 a.m or after 4 p m , with a few exceptions. In 2006. the District amended this rule to include limiting land,,cape irrigation to no more than two days a week, with a few exceptions. During Daylight Saving Time > Irrigation would be limited to no more than twc, days a week, and not between 10 a m and 4 p -m [same as current rule) > Irrigation would be limited to no m,,. -,)re than 3i4 inch of water per zone per irrigation day, and irrigation would be limited to no more than one hour per irrigation zone per irrigation day > Irrigation days would be specified as follows - 9 Residential irrigation at odd numbered addresses or no address —Wednesday and Saturday • Residential irrigation at even numbered addresses —Thursday and Sunday Non residentia- irrigation —Tuesday and Friday During Eastern Standard Time > Irrigation would be limited to no more than one day a week, and not between 10 a.m and 4 p.m > IrrigalJon would be limited to no more than 3/ inch of water per zone per irrigation day, and irrigation would be limited to no more than one hour per irrigation zone per irrigation day. • Residential irrigation at odd numbered addresses or no address — Saturday • Residential irrigation at even numbered addresses ---- Sunday • Non-residential irrigation — Tuesday Other changes > The amount of water used for irrigation would be limited to only that amount necessary for efficient utilization. > When reclaimed water is available for irrigation use, the use of private irrig;anon wells would not be authorized > Irrigation using a micro -spray, nitro -jet or drip irrigation system would be allowed at any time of day on any day. > Operation of irrigation systems for maintenance and repair would be allowed at anytime of day on anv day. Operation could not exceed 20 minutes per hour per irrigation zone. > Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides and herbicides (when requ?red by law, the manufacturer or best man, -.gement practices) would be allowed at anytime of day on any day within 24 hours of application- Watering in of che�riicals would no; be allowed to exceed '/ inch of water pe,- -nplication except as otherwise requir::d by law, the manufacturer or best management practices. > A standard general permit would be required to irrigate in a manner different than authorized by the irrigation rule- Model Water Conservation Ordinance ST. JOHNS RIVER WATER MANAGEMENT DISTRICT'S MODEL WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION ORDINANCE NO. AN ORDINANCE OF (COUNTY/CITY,) FLORIDA; PROVIDING FOR LOCAL IMPLEMENTATION OF THE WATER CONSERVATION RULE FOR LANDSCAPE IRRIGATION OF THE ST. JOHNS RIVER WATER MANAGEMENT DISTRICT; PROVIDING DEFINITIONS; PROVIDING LANDSCAPE IRRIGATION SCHEDULES; PROVIDING EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES; PROVIDING FOR VARIANCES FROM THE SPECIFIC DAY OF THE WEEK LIMITATIONS; PROVIDING FOR APPLICABILITY OF THE ORDINANCE; PROVIDING FOR ENFORCEMENT OF THE ORDINANCE; PROVIDING FOR PENALTIES FOR VIOLATION OF THE ORDINANCE; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEAL OF ALL CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the St. Johns River Water Management District has responsibility and exclusive authority under Chapter 373, Florida Statutes, for regulating the consumptive use of water; and WHEREAS, the St. Johns River Water Management District has amended Rule 40C- 2.042, F.A.C., its General Consumptive Use Permit by Rule that regulates small irrigation uses below consumptive use permit thresholds in Rule 40C-2.041(1), F.A.C.; and WHEREAS, Rule 40C -2.042(2)(a), F.A.C., grants a general permit to each person located within the District to use, withdraw or divert water for small landscape irrigation uses, provided that irrigation occurs in accordance with Sections 3 and 5, subject to the exceptions set forth in Section 4; and WHEREAS, Rule 40C-2.042(2), F.A.C., applies to landscape irrigation regardless of whether the water comes from ground or surface water, from a private well or pump, or from a public or private utility; and WHEREAS, Rule 40C -2,042(2)(b), F.A.C., strongly encourages a local government to adopt an ordinance to enforce Rule 40C -2.042(2)(a), F.A.C., within its jurisdiction by adopting a landscape irrigation ordinance that incorporates each of the provisions set forth in Rule 40C - 2.042(2)(a), F.A.C.; and WHEREAS, it is the desire of the [governing body] of [County/City] to adopt such an ordinance in accordance with 40C -2.042(2)(a) and (b), F.A.C.; and WHEREAS, the [governing body] of the [County/City) hereby finds and declares that the adoption of this ordinance is appropriate, and in the public interest of the citizens of this community. NOW, THEREFORE, BE IT ORDAINED BY THE (GOVERNING BODY) OF [COUNTY/CITY,] FLORIDA: Section —. Sections — through _, Code of Ordinances, are hereby created to read. WATER CONSERVATION ORDINANCE FOR LANDSCAPE IRRIGATION Section 1. INTENT AND PURPOSE It is the intent acid purpose of this Ordinance to implement procedures that promote water conservation through more efficient landscape irrigation., Section 2. DEFINITIONS For the purpose of this Article, the following terms, phrases, words and their derivatives shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular, and words in the singular include the plural. (a) "Address" means the house number of a physical location of a specific property. This includes "rural route" numbers but excludes post office box numbers. If a lot number in a mobile home park or similar community is used by the U.S. Postal Service to determine a delivery location, the lot number shall be the property's address. An "even numbered address" means an address ending in the numbers 0, 2, 4, 6, 8 or the letters A -M. An "odd numbered address" means an address ending in the numbers 1, 3, 5, 7, 9 or the letters N -Z. (b) "District" means the St. Johns River Water Management District. (c) "Person" means any person, firm, partnership, association, corporation, company, or organization of any kind. (d) "Landscape irrigation" means the outside watering of plants in a landscape such as shrubbery, trees, lawns, grass, ground covers, plants, vines, gardens and other such fora that are situated in such diverse locations as residential areas, public, conunercial, and industrial establishments, and public medians and rights-of-way. "Landscape irrigation" does not include agricultural crops, nursery plants, cemeteries, golf course greens, tees, fairways, primary roughs, and vegetation associated with recreational areas such as playgrounds, football, baseball and soccer fields. (e) "Residential landscape irrigation' means the irrigation of landscape associated with any housing unit having sanitary and kitchen facilities designed to accommodate one or more residents, including multiple housing uiuts and mobile homes. (� "Non-residential landscape irrigation" means the irrigation of landscape not included within the definition of "residential landscape irrigation," such as that associated with public, commercial and industrial property, including commercial or transient housing units, hotel and motel units, and public medians and rights-of-way. Section 3. LANDSCAPE IRRIGATION SCHEDULES 1. When Daylight Savings Time is in effect, landscape irrigation shall occux ordy in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Wednesday and Saturday and shall not occur between 10:00 a.m. and 4:00 p.m.; and b. Residential landscape irrigation at even numbered addresses may occur only on Thursday and Sunday and shall not occur between 10:00 a.m, and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and Friday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than 3/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 2. When Eastern Standard Time is in effect, landscape irrigation shall occur only in accordance with the following irrigation schedule: a. Residential landscape irrigation at odd numbered addresses or no address may occur only on Saturday and shall not occur between 10:00 a.m. and 4:00 p.rn.; and b. Residential landscape irrigation at even numbered addresses may occur only on Sunday and shall not occur between 10:00 a.m. and 4:00 p.m.; and C. Non-residential landscape irrigation may occur only on Tuesday and shall not occur between 10:00 a.m. and 4:00 p.m.; and d. No more than'/ inch of water may be applied per irrigation zone on each day that irrigation occurs, and in no event shall irrigation occur for more than 1 hour per irrigation zone on each day that irrigation occurs. 3. All landscape irrigation shall be limited in amount to only that necessary to meet landscape needs. Section 4. EXCEPTIONS TO THE LANDSCAPE IRRIGATION SCHEDULES Landscape irrigation shall be subject to the following irrigation schedule exceptions: Irrigation using a micro -spray, micro -jet, drip or bubbler irrigation system is allowed anytime. 2. Irrigation of new landscape is allowed at any time of day on any day for the initial 30 days and every other day for the next 30 days for a total of one 60 -day period, provided that the irrigation is limited to the minimum arnount necessary for such landscape establishment. 3. Watering in of chemicals, including insecticides, pesticides, fertilizers, fungicides, and herbicides, when required by law, the manufacturer, or best management practices, is allowed at any time of day on any day within 24 hours of application. Watering in of chemicals shall not exceed '/ inch of water per application except as otherwise required by law, the manufacturer, or best management practices. 4. Irrigation systems may be operated at any time of day on any day for maintenance and repair purposes not to exceed 20 minutes per hour per zone. 5. Irrigation using a hand-held hose equipped with an automatic shut-off nozzle is allowed at any time of day on any day. 6. Discharge of water from a water -to -air air-conditioning unit or other water- dependent cooling system is not limited. 7. The use of water from a reclaimed water system is allowed anytime. For the purpose of this paragraph, a reclaimed water system includes systems in which the primary source is reclaimed water, which may or may not be supplemented from another- source during peak demand periods. S. The use of recycled water from wet detention treatment ponds for irrigation is allowed anytime provided the ponds are not augmented from any ground or off-site surface water, or public supply sources. Section 5. ADDITIONAL REQUIREMENT Any person who irrigates landscape with an automatic lawn sprinkler system installed after May 1, 1991, shall install, maintain and operate a rain sensor device or switch that overrides the irrigation system when adequate rainfall has occurred. Section 6. VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS A variance fi-om the specific landscape irrigation days or day set forth in Section 3 may be granted if strict application of the scheduled days or day would lead to unreasonable or unfair results in particular instances, provided that the applicant demonstrates with particularity that compliance with the scheduled days or day will result in a substantial economic, health or other hardship on the applicant requesting the variance or those served by the applicant. Where a contiguous property is divided into different zones, a variance may be granted hereunder so that each zone may be irrigated on different days or day than other zones of the property. However, in no event shall a variance allow a single zone to be irrigated more than two days per week during Daylight Savings Time or more than one day per week during Eastern Standard Time. Section 7. APPLICATION OF ORDINANCE The provisions of this Ordinance shall apply to each person located within the [County/City]. For local governments located in more than one water management district, an interagency agreement between the two districts pursuant to x'373.046(6), will be needed to use this ordinance throughout the local government jurisdiction. Section 8. ENFORCEMENT OFFICIALS The local government should authorize law enforcement personnel and/or other government staff as the enforcement officials for the area governed by this Ordinance. For example: Law enforcement officials having jurisdiction in the area governed by this Ordinance are hereby authorized to enforce the provisions of this Ordinance. In addition, thejCoitnty/CiW[AdnturistratorlMairagerJ may also delegate enforcement responsibility for this ordinance to agencies and department of [County/Cityl government. Section 9. PENALTIES The local government should include penalties that include the issuance of citations, the treatment of each day a violation occurs as a separate offense, the imposition of fines that are significant and progressive, and allow other legal action to be taken. For example: Violation of any provision of this Ordinance shall be subject to the following penalties: First violation Written Warning Second violation $50.00 Subsequent violations Fine not to exceed $500 Each day in violation of this Ordinance shall constitute a separate offense. Enforcement officials shall provide violators with no more than one written warning. In addition to the civil sanctions contained herein, the [County/CiN may take any other appropriate legal action, including, but not limited to, injunctive action to enforce the provisions of this Article. Section 10. CODIFICATION Codification of this Ordinance is hereby directed and authorized. Section 11. ORDINANCES REPEALED The local government should list here any previous ordinances pertaining to landscape irrigation, water shortage, or other ivater use that conflicts with this Ordinance, District rules or Part 11, Chapter 373, Florida Statutes. Sections through , Code of Ordinances, are hereby repealed. Section 12. SEVERABILITY If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any Court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 13. EFFECTIVE DATE This Ordinance shall take effect immediately upon adoption. PASSED AND DULY ADOPTED by the [governing body[ of [Counly/City[, Florida this day of , 200. LOCAL EXECUTION PROVISIONS For infa7n.ation on this model ordinance, please contact: St. Johns River Water Management District Office of Communications and Governmental Affairs 4049 Reid Street P.O. Box 1429 Palatka, FL 32178-1429 (800) 725-5922 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: 09-15-09 Item No. 7 Subject: Discussion: 2009 Florida City Government Week Planning Department: Legislative .......... ...... _...... .._._......._....._ Summary: Florida City Government Week is October 18-24, 2009. Requested Council Action: Continued discussion on City Council's plan for activities. See attached recommendations from the Florida League of Cities. ..... ....P...................... n . ......_..,......... Finacial lm act: To be determined. Attachments: p Supporting Documents Reviewed 10-21-08 City Council Minutes; FLC Information Submitting Department Head: Date: Approved by City Manager: Date: "/ A City Council Action: [ ] Approved as Recommended [ ] Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain cape-nllkimlmydocumentsladmin\counci ftmeelingQO09�09-15.091govlweek.doc City of Cape Canaveral, Florida City Council Requ-155-rvf eting Minutes Page 12 of 12 DISCUSSION: 7. January 2009 "State of the City Report." Ms. Roberts requested a report from either the Mayor or the City Manager related to the CiWs Accomplishments for the previous year of 2008 and the City's planning forward for 2009. a. 2009 Florida City Government Week Planning. Ms. Roberts requested agreement from the Council to plan Forward up to three meetings prior to the Florida City Government Week in order for Council Members to more fully participate. ADJOURNMENT: There being no further business, the Meeting adjourned at 10:10 P. M. Rocky Randels, MAYOR Susan Stills, CMC, CITY CLERK hitp://www.11oridaIeaonicolci I ies.coirdPrin(.aspx'>CNTD---872 Florida City Government Week - Municipal Officials Celebrating Our Cities; October 18 - 24, 2009 City Government Week is part of an ongoing effort sponsored by the Florida League of Cities to raise public awareness about the services that cities perform and to educate the public on how city govemment works. Cities are encouraged to involve their local schools, businesses, chambers of commerce, media and civic clubs in planning City Government Week activities. Cities provide a higher [eve) of service than most governments, are generally of fit, PP� V,e rated higher by the public than any other level of government, and yet, many residents are unaware of how city services impact their lives. Through City Government Week, [lie League hopes to heighten the public's awareness of city government's role in enhancing the quality of life in communities. The 2008 Florida City Government Week packet included numerous ideas for celebrating the special week. It is included below for reference. The 2009 packet will be posted in late summer, A list of suggested activities. media and PR lip, a -,.,I Iilc N,s r�lertse and a &I le resolution were available for use. Additional resources include the My Cir I'm Part of It. I'm Prorld o 'li! lesson booklet and the ABCs of City Government booklet. The My City booklet provides city staff and teachers with one week of lessons and activities about city government. The ABCs booklet is an educational supplement for elementary teachers, grades 2 - 5. Hard copies of both booklets are available by contacting the Public Affairs „mDepartment. While we encourage cities to celebrate this important week (October 18 - 24, 2009), some cities choose to host their event during a different time in conjunction with another planned city holiday, festival or occasion, In planning your city's celebration of Florida City Govemment Week, be sure to keep the League informed. Please send copies of resolutions, photos, public relations materials and inforination on your activities to the Public Relations Division, Florida League of Cities, P.O. Box 1757, Tallahassee, FL 32302-1757, as these ideas may be used in future League publications. A sutntnary and evaluation of activities form may be downloaded to assist you in reporting on your city's activities. I of I 8/26/2009 10:02 AM http://www.11oridateagueofc iIIes_conVPrint.nspx?CN(D-873 Florida City Government - Week Suggested Activities Here's a list of suggested ways to celebrate the week, some of which can be ongoing activities., • Use the League's model booklet containing lessons and activities about city government. Share it with your local schools. • Use the League's ABCs booklet, an educational supplement for elementary teachers, grades 2 - S. Share it with your local schools. • Set up exhibits at local shopping malls with information on your city Y* r of It, PI� V; government and its services. • Sponsor a heritage day focusing on the history of the city and its government. This could be coordinated with a local historic group and include community workshops on selected historical City government events, buildings, parks, facilities and people. • lnvo)ve businesses, sorority and fraternal organizations. Offer to send a speaker to their meetings to discuss current city issues. Enlist their help in celebrating Florida City Govemment Week. • Contact your area Chamber of Commerce, get them involved in the activities. Work on sponsoring a joint effort (i.e., downtown festival or parade celebrating Florida City Government Week). • Contact your local library, advise them of the week's activities. Ask if you can make available at their information desk details on celebrating Florida Ciry Government Week. . Jnitiate a good citizenship "merit badge" program in which younger citizens cam recognition for learning about city government and perfonning related public services. • Work with senior citizens groups to rind innovative ways to involve seniors in city government. • Send speakers to senior citizen -related activities/events to tell them about the special week. • Sponsor an essay contest for city residents_ • Offer tours of city hall and other city facilities. Stagger tours to allow for small group interaction with city staff. For school groups, limit the focus of the tour to one aspect of city govemment, work with teachers to prepare students in advance and plan follow-up activities. • Coordinate ongoing or new partnership programs with schools to stage something special during the week -- student "mock" city council meetings (election of a Junior "student -based" city council) or "mock" code enforcement hearings, shadowing of city officials and staff, guest speakers from city government addressing school groups, city government career day, recognition of students and teachers at a city council meeting, beautification projects at city sites, dedication of (or special events staged at) recreational facilities shared by cities and schools, recycling or environmental -related student activities, etc. • Get acquainted with local school personnel and encourage opportunities for Otegratbig city government into the school curriculurn. For example, key city government terms and definitions could be supplied for use in Eyiglish classes (many can be found in the teacher handbook; math classes could address the city budget or could be exposed to the computer techno)ogy used in all aspects of city government today; and, of course, there could be more integration of the local government curriculum into all the social studies classes (government, civics, history, geography, economics). This could lend itself to in-service training of teachers as to what resources and information on city government are available in their particular county; the development of localized teaching materials; more use of speakers from city government in the classroom; one-on-one mentor opportunities with city personnel; and "hands on" special class projects related to city government. • Plan a local recognition ceremony during Florida City Government Week for teachers using the lesson plans in the classroom. 1 of 2 8/26/2009 10:02 AM hnp:/hvww.f TidaIeagueofciIies.con/Print,aspx?CN1D-8)3 • Develop a teachers' packet from your city. Include such items as: a letter from the mayor or key official offering assistance in helping students learn about city government; a list of available speakers from city government; a list of resource materials available on city government; information on any special educational programs or services provided by your city (such as internships, mentor programs, etc.); and a "fact sheet" on the city government. • Add schools to city mailing lists and provide materials that give background information to teachers or would serve as a resource for students. This could include the city budget, organizational chart, copies of council meeting agendas, etc. • Provide teachers with a resource list of materials available from city govemment, including audio/visuals and publications. • Create a city government shadowing program for teachers and students. • Start a city newsletter for area schools to keep teachers and students up-to-date on city government activities and issues. • Develop a Speakers' Bureau of city officials and staff for area schools and civic groups. • Produce a slide show or videotape highlighting your city government and its services. • Fly your city government's flag at school sites and distribute copies of your city's logo. Encourage schools to study the significance of the flag and/or logo design, • Host a city "showcase or expo" with city departments staging special exhibits and demonstrations of lheir activities and equipment. • Create an "adopt -a -school" program. Various departments of city government could "adopt" a school, or department within the school, to share information and plan activities for students that would enhance learning about a particular aspect of city government_ • Sponsor a school City Government Club to study community issues that involve municipal services and citizen participation in decision-making. • provide students with information from your planning department on anticipated changes in your community and encourage them to create future scenarios for your city. These scenarios could be shared in class discussion with a representative from the city who can raise the various issues that would have to be considered (for example, having the available infrastructure, available revenues, environmental impacts and various interest groups), and how students and their parents might participate in shaping the future direction of the city. • Develop a workbook or coloring book for elementary school children covering city government issues. • Working in coordination with a middle or high school, create an advisory committee of students to study a particular city government issue of importance to teenagers (for example, recreation) and prepare a formal report with recommendations to council. Or, include student representation on an existing citizen committee, commission or board studying an issue of consequence to teens, Make a formal announcement of these appointments during Florida City Government Week. • Coordinate with different city departments to interact with or expand programs for school -aged youth, For example, after-school Recreation Department programs could be enhanced by informational programs on drug prevention, latch -key, bike safety, fire safety and related issues available through Police and Fire departments. • Sponsor a "creative" contest in conjunction with art, music and/or English teachers where students create an original piece of art (including photography), music, poetry, etc., focusing on some particular aspect of city government and its role as the "government closest to the people." • Sponsor a poster contest for area children related to a particular city government issue, e.g., recycling, water conservation, fire or police services, recreation and parks, transportation, planning, etc. This idea could also focus on careers in city government. • Host a competition to seek the best solution to a city government problem. Recognize students and teachers at city council meetings. 2 of 2 8/26/2009 10:02 AM Bennett Boucher From: C. Shannon Roberts (csroberts@cfl.rr.coml Sent: Thursday, September 10, 2009 11:08 PM To: dufresne.kelli@brevardschools.org; Robert Lefever Cc: Bennett Boucher Subject: Potential Cape Canaveral Government Week Activities - October 18 - 24, 2009 Kelli and Robert, Good morning! As a matter of background, in 2008, the City Council decided to plan further ahead for Florida Government Week Activities which could be sponsored in the City of Cape Canaveral in 2009. Our experience was that the Week was usually upon us before Council had taken the time to plan any meaningful activities for the Week in the City. We look at Government Week as a wonderful opportunity to inform our residents .. adults and youth .. about government and opportunities to get involved, so we wanted to plan more effectively for the Week in 2009. At the September 1, 2009, City Council meeting, the Council asked for a list to be developed of potential activities for the City to undertake during Government Week (October 18 - 24, 2009) and report this back at the next Council meeting, Tuesday, September 15, 2009. I took the lead for Council on this, and Robert took the staff lead ... both of us planning to consult with Kell)' about what she believes would be appropriate for Cape View Elementary this year. I understand Robert has provided Kelli with the Florida League of Cities list of candidate activities for her to consider, and that Robert is consulting with the Youth Center and PAL about activities which might be possible as part of those programs. Based on a review of the Florida League of Cities list, notes taken at the September l st Council meeting, and other thoughts, my input is provided below for your consideration as we decide what to present to Council on the evening of September 15th. I understand you both are meeting on Friday to discuss potential activities for the School, Youth Center, and PAL that you believe are appropriate and realistic to accomplish this year. Based on your input tomorrow or Monday, I am hopeful we will have a combined list of proposed initiatives to present to Council on Tuesday. I look forward to hearing the results of your meeting and consideration of the thoughts below. Thank you for your leadership and attention to this important opportunity to serve our community. All the best, Shannon 321-615-1855 (Cell) c s ro b ert s (w c fl . rr. co m Potential City of Cape Canaveral Government Week Activities (October 18 - 24, 2009), Future Activities, and Sustained Initiatives (e.g., City Newsletter, City Flag, City Speakers Bureau) Creation of a City Flag with a City Seal which could be flown at City Hall, other City Buildings, and at the City Entrances; Tours of City Facilities (City Hall, Sheriffs Precinct, Fire Department, Public Works, Library, Parks and Recreation, Community Planning and Development) during the Week; Student Visioning of the City of Cape Canaveral (would complement the City's Visioning Project which is ongoing right now); Fact Sheet/Questions and Answers about the City of Cape Canaveral (could also include State of Florida and U.S. Government); --,---Mock "Who Wants to be a Millionaire" Event with questions and answers about Federal, State and local government; Distribution of small U.S. Flags to each Cape View Student, Youth Center, and Pal participant; Cape Canaveral Heritage Day ... held in Library Community Room ... features oral history project results, speakers, exhibits; Invitation to parents, students, and teachers to attend City Council meeting October 20, 2009 (which is during Government Week); Form City of Cape Canaveral Speakers Bureau (Council, City Manager, Department Heads, expert employees) to speak on topics (to be developed) upon request by the school, community -at -large, groups, etc.; Cape Canaveral Library feature books on government and special speakers about government during the Week; _. Sponsor an essay contest for Cape View Elementary School students and Youth Center/PAL participants about the value of government to them and what needs to be improved; Sponsor a "Mock City Council Meeting" for Cape View Elementary students and Youth Center/PAL participants; Sponsor a joint meeting of City Council and the Cape View Elementary School Student Council to discuss the value of government and what improvements are needed in the City of Cape Canaveral; Invite Chuck Nelson or Steve Crisafulli to hold a community meeting at the Cape Canaveral Library; Hold a City of Cape Canaveral Town Hall Meeting in the Library Community Room, inviting residents to come and ask questions of the Council and City Manager and Staff about the City and provide their input for improvement; Invite a representative from the Brevard County Supervisor of Elections to present an overview to (1) Cape View Elementary School parents and students, and (2) the corrununity in the Library Community Room about the upcoming 2009 and 2010 elections and the process involved for registering to vote and voting; Create a City packet to show teachers, students, interested members of the community a sample City budget, organizational chart, copies of Council meeting agendas, etc.; 1-1111-1-111 Start a City newsletter to better inform the community about City and community events; .............. Host a City "showcase" or "expo" with City departments staging special exhibits and demonstrations of their activities and equipment; Sponsor a City Government Club at Cape View Elementary to study community issues that involve municipal services and citizen participation in decision-making; Provide students with information from the Community Planning and Development Department on anticipated changes in the City and encourage them to create future scenarios for the City; Sponsor an art contest which would result in a workbook or coloring book for Cape View Elementary School children covering City Government issues, services, and careers; Expand City Advisory Board memberships to include youth representative; Create a City Youth Advisory Board to advise Council on issues and opportunities impacting the City's youth and City, in general; Provide for paid and unpaid youth internships in City of Cape Canaveral Government; 2 Create an advisory committee of students to study a particular City of Cape Canaveral government issue of importance to them (e.g., recreation, the environment, public safety) and prepare a formal report with recommendations to the City Council; Sponsor a "creative" contest in conjunction with art, music, or English teachers where students create an original piece of art, photography, music, poetry, essay, focusing on some aspect of City Govemment and its role as "the government closest to the people"; Sponsor a poster contest for area children related to a particular City Govemment issue, e.g., recycling, water conservation, clean beaches, turtle nesting, fire or police services, recreation and parks, transportation, planning, etc.; 3 City of Cape Canaveral City Council Agenda Form City Council Meeting Date: September 15, 2009 -2171e,-2-? Ale. 8 Subject: Discussion Parking Meters on the Beach Ends Department: Public Works Summary: The Installation of (218) Parking Meters on the Beach Ends that would give added Revenues to the City for other Improvements like the repairs to the Beach Crossovers. Requested Council Action: City Council to review and comment on what direction that they want the City to go. Financial Impact: About $ 94,000 for the Installation of 218 meters Attachments: x Supporting Documents Reviewed Submitting Department Head: /���'� Date:_/-.. d Approved by City Manager: Date: qrAo'/Of City Council Action: [ ]m..Aq ..... - _- pproved as Recommended Disapproved [ ] Approved with Modifications [ ] Tabled to Time Certain 4600 North hiatus Road Sunrise FL 33351 Phone (954) 5 72- 72 73 Fox (954) S72-0287 Requested By: Alin: Phone: Far: COST DATA Coy ofcaye Canaveral 601 Thurm Blvd Cape Canaveral. Florida 32920.0326 I valley Bandrsh 1-321-868-1240 I-311-868-1133 PRICING QUOTATION 81912009 CC170901 IT M 9 Q'TY P14RT dl 218 Gwodian,Y'L£ DESCRIPTION GuearibanXLG parking -"D "Cell Bain,riov VNIT PRICE S 20393 TO TAI . $ 44,718.34 1 8 Guanhan XL£ Guardian Y1 E pa ai tte rn"rrel^ 1lcrlrrrrrr;w ra. • "D"Cell Batteries ($ are Unp(s) $ 205.13 S 1,64).04 3 218 62HS0O24ono XfKH 4000 Com lege ossem6li c "d rain can S )W0 $ 32„3'73 019 4 1 .)art CE ;(,'am ,)lege a'"L" rfbly O/J41 (J iorcl Looder chargers. cohles and.Yaltwore S 800.l)6 S 5,80a00 5 109 6WIS1 "1 0526 Twin Xh)awin Y,)dc ei W,,erehlw v” >t k owunlin g hardware S 28.80 S 3.139.20 61 1 7K'C05200W) Colloeflon Carl Assembiv S 1125.00 S 815,00' 7 1 991rainin On site training S 1, 5()0 00 S ).50000 8 1 sh=j"Ig Shipping to site S 1,15665 S I,436.6S S S $ $ a S $ S S 5 S - Total S 91. J53.13 THANK YOU FOR YOUR REQUEST FOR QUOTE_ /EST/,1 /ATE WEA RE PLEASED TO SUBMIT THE AB01'E FOR YOUR CONSIDERATION Valid through: 9,'812009 Tltcreafer suhjeci to change Mdthoalnolice. Teves: Ternes: Net 30 days jam dale ofcf,^lire-r , 0verdue acconnls iv)ll be chorged interest o1 1.5% averpnme. Dellcery FOB- CingfC-tpeC'anoveral Womanly: 1 yr. Manufacturer a1`0rronly B5 Tule Sala:.1 and Morketvng Manager FROM : CUSTOM FENCE FAX NO, : 3217992007 Sap. 08 2009 04:49PM P1 �LCSt0�2G ��l�I.G�, ly1.G. "The Difference is Detail?" Proposal No: 286-09 date: 9/8/09 397 tmDerial Blvd., Unit E6 Cape Canaveral, FI, 32920 Phone: 321 799-2087 -- Fax: SAME ProDosal Submifte To: Wor To Be Performed At: Name: City of cape Canaveral Public Works Street: Street: 601 Thurm Blvd. State: CaDe Canaveral COMMENTS: ALL POSTS ARE PRICED AT CORE DRILL INSTAUS State: Fl ZIP: 32920 Phone: 86$-1244 AM: Waiter Bandish Fax. W&-1233 We hereby propose to furnish the materials and perform the labor necessary for the completion of: Insall Parking Meter Posts 33 inches above Grade with 2 Moles drilled in each for drainage Posts: 2 inch Schedule 40 Galvanized Core Drilled and set with Hydraulic Cement All material is guaranteed to be as specified, and the above work to be performed in accordance with me drawings and spit fi_ dons submitted for above work, and completed Ina substantial workmanlike manner for the sure of Dollars M 28-50 ea. with payments to be made as follows TWFMv QGH'I DOLLARS F7FfY Cy3JT5 EACH Any alteration or devlatlon from above spedfrcadons VWMng eidia cost wiu be exearoed only upon vn'k" orders, and velli become an &*z charge over end above the es*mte. au agreemerus are contingent vW strlk s, acelderds or delays bond our control- Inoerea at the rare of 16% annum will be adde0 to The o-uman bg balance over 30 days aid_ Cumuner agrees to pay all toss of Respectfully submitted: George I Smith mileedon, IndudbcQ attorney's fees If MIS account shall be retemed to ah Per: Owner atLomey; or M court action is necezai/ for owecion, Cksorner is responsible for ani underground utna;es, sprinluer system and property Iles p,I@w_hV&: This proposal may be withdrawn by us if not accepted within 30 days. ACCEPTANCE OF PROPOSAL The above prices, specifications, and conditions are satisfactory and are hereby accepted. You are authorized to do the work as spedfied. pnnwt wlfl me mad as outlined above. r Signature:_ Date: Si nature: City of Cape Canaveral - Projected Parking Meter System Revenh # of Spaces Ratelffour Wks/Yr. Hours/Day Days Enforced 218 $ 1.00 8 S 218 218 $ S 1,00 1.00 8 5 . 218 S 1.00 8 S Tickets Issued Per Year # of Spaces Tickets/SpacelWk. Wks/Yr. 218 0.5 50 218 1 s 218 1.5 50 Ticket Late Payment Revenue Per Year (1 S days late or more) adt Total Tickets Issued 30% Late Payment Rate per late ticket 5950 1635 25.00 10900 3,270 $ 25. 00 16350 4905 1 S 25.00 Potential Yearly Parking Meter Revenue ties Per Year Weeks/Year % Occupancy Total Revenue 50 40% $ 174,400-00 so 50 - 50% 60% 218,010:0 $ 261, 600.00 50 70% $ 305, 200.00 Total Tickets Issued $ Value per Ticket On Time Ticket Revenue 5450 $ 15.00 $ 81,750-00 1091111 15.00 163,5'00:00 ........... 16350 $ 15.00 1 $ 245, 250.00 ditional cost to issued ticket Total late payment ticket revenue $ 40, 875.00 _ 81, 750 00 $ 122, 62,x. 00 Potential Revenue Generatedl yr. $ 463,250.00