HomeMy WebLinkAboutMinutes 03-19-2002 Special CITY COUNCIL WORKSHOP MEETING
CITY HALL ANNEX
111 Polk Avenue, Cape Canaveral, Honda
Tuesday
March 19, 2002
5:00 P.M.
MINUTES
Mayor Rocky Randels called the Workshop Meeting of the Cape Canaveral City
Council to order at 5:12 P.M.
Members Present:
{ Mayor Rocky Randels
Mayor Pro Tem Buzz Petsos
Council Member Jim Morgan
Council Member Richard Treverton
Council Member Larry Weber
Others Present:
City Attorney Mark McQuagge
City Manager Bennett Boucher
Administrative Assistant Virginia Haas
Recreation Director Nancy Hanson
City Treasurer Andrea Bowers
Building Official Morris Reid
CHAPTER 10 - AMUSEMENTS AND ENTERTAINMENTS*
Sec. 10-26. Adopted.
(a) The Standard Amusement Device Code, 1985 edition, published by the
Southern Building Code Congress International, Inc., is adopted by reference as
though it were copied fully in this article.
Mayor Pro Tem Petsos questioned if the 1985 edition is the most current? Mr.
Reid related that the State Statute regulates ter 6: 16 -242 ulates amusements and
P 9
entertainments. Council agreed to delete sections 10 -26 and 10 -27 in their
entirety.
Proposed change to Secs.10 -51 —10-60
Mr. Morgan suggested that the reserved section 10 -51 should include exemptions
as needed, such as for single- family residences. Attorney McQuagge submitted
that the city might want to include guidelines and revise the current permitting to
include locations and anticipated attendees as thresholds.
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
March 19, 2002
Page 2
Council suggested reworking sections 10-46 through 10 -50 to define it as
separate Commercial and Residential events. Attorney McQuagge stated he
would review other City's interpretations. Council suggested that city staff, fire,
police and recreation contribute regarding this section to include applications for
beach and park parties as well.
Sec. 10-62. Application.
An application for a special outdoor entertainment permit shall be submitted in writing
to the city council on forms provided for this purpose in advance of the
date of commencement of the outdoor entertainment event for which the permit is
requested, in order to permit the council to evaluate the application in an orderly and
expeditious manner. The application shall contain the plans, documents and
information specified in this section. No permit shall be issued by the council until
receipt and approval of all plans, documents and information and until the following
minimum conditions are met or such higher conditions as required by the council upon
a review of any unique problems contained in the plans, documents and information are
met:
(8) The exact date and time of commencement and the exact date and time of
the conclusion of the outdoor entertainment event. No event shall begin
before „i
{ (9) A written public liability insurance policy insuring the person staging,
promoting or conducting the outdoor entertainment event against any and all
claims and demands made by any person for injuries received in connection
with the staging, promoting, conducting or attendance of or at the outdoor
entertainment event, written within limits of not less than $300,000.00
damage or injury to any one person for bodily injury or otherwise, plus
$25,000.00 damage to property, and for not Tess than $500,000.00 for
damages incurred or claimed by more than one person for bodily injury or
otherwise, plus $50,000.00 for damages to property. The original or duplicate
of such policy shall be attached to the application for a special outdoor
entertainment permit, together with adequate evidence that the premiums are
paid.
Proposed change to Sec.10 -62. Application:
Mr. Morgan responded to Mayor Pro Tem Petsos' question on requiring 45 days
in advance for a permit in that many staff has to review the application. Mr.
Morgan reiterated that the application should question whether it is a residential r`
or commercial entertainment permit.
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
March 19, 2002
Page 3
Council agreed that some events were in conflict with the current code hours.
Mr. Boucher suggested adding that City Council can approve adjusted time
frames for events.
Attorney McQuagge recommended property damage insurance be changed to
50,000 and bodily injury should be no Tess than one million. Attorney McQuagge
continued that 300,000 to 500,000 per person and one million per occurrence,
plus 100,000 property damage per occurrence be amended to this section. Mr.
Boucher responded that the City would not want this to apply to residential and
in addition, state that the City cannot be held liable.
Mayor Pro Tem Petsos requested that staff including fire, and police, review
section 10-62 (9) and return with recommendations.
Chief Sargeant recommended that Section 10 -62 (3) be deleted and a section be
added that requires events have advanced life support under the direction of the
local jurisdictions.
Sec. 10-64. Cash cleanup bond.
Any person holden • a s • ecial outdoor entertainment permit shall deposit with the city
treasurer 1 y' q� The cash bond shall be for the
expense of cleaning up any debris, paper, litter or trash left by the patrons at the
outdoor entertainment event or by the holder of the permit or his agents, employees or
contractors. The cash bond shall be returned to the holder of the permit upon
ti certification by the city manager that all debris, paper, litter or trash has been removed
from the premises on which the outdoor entertainment event was held within 24 hours
from the designated conclusion time of the outdoor entertainment event and that no
damage has been done to the streets, sewers, structures, trees and shrubbery on such
premises or the adjoining property. Upon failure of the holder of the permit to complete
such cleanup or repair such damage within the 24 -hour time period, the city shall have
the right to forthwith take such corrective action as it may deem necessary and to
deduct the cost of cleanup or repair from the amount of the cash cleanup bond.
(Ord. No. 23 -92, § 1(729.06), 12 -1 -92)
Proposed Change to Sec. 10-64. Cash cleanup bond.
Council agreed to raise the commercial cash cleanup bond to $1,000.
ARTICLE IV. ADULT ENTERTAINMENT*
t ie After some discussion council agreed and Attorney McQuagge concurred that the
entire section regarding Adult Entertainment should remain unchanged.
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
March 19, 2002
Page 4
C
ARTICLE II. COUNTY ANIMAL CONTROL ORDINANCE
Sec. 14 -28. Animals prohibited in parks and on beaches.
b) Any animal found in a park or on a beach not designated for such shall be
deemed in violation of this article, and the owner thereof shall be punished
by issuance of a citation by the animal control officer or a law enforcement
officer with jurisdiction in the city. Such citation shall result in
y >' Failure to pay the fine within ten days of issuance of the citation shall
result in the citation being transferred to the state attorney's office and shall
be considered for punishment as provided in section 1 -15.
Mayor Pro Tem Petsos questioned if the animal citation fines were consistent
with Brevard County? Mr. Boucher responded that the City had adopted the
Brevard County Ordinance in Section 4 -26 and that he would review to see if the
fees remain consistent with Brevard County.
{
Sec. 14 -54. Exemptions.
(a) Under this article, bona fide research or patrol vehicles may operate at night
with no more artificial lighting than reasonably necessary for safe operation
on the city beaches; provided, however, the operators of such vehicles are
authorized permittees of the state department of environmental protection or
law enforcement officers or authorized city personnel
Council agreed to add "or authorized city personnel" to Section 14 -52 (a).
Sec. 14 -55. New development.
(a) It is the policy of the city to minimize artificial Tight illuminating within the
jurisdictional boundaries of this article to reduce artificial light on the beaches. To meet
this intent, building and electrical plans associated with parking Tots, dune walkovers or
other outdoor lighting for development of real property within the jurisdictional
boundaries shall be in compliance with the following:
(1) Except as set forth in subsection (a)(2) of this section, no more than 0.5
footcandles of artificial illumination shall be cast upon the beach. Appropriate
techniques for reducing artificial illumination include but are not limited to fitting lights
with hoods or shields, screening artificial light with vegetation or other devices,
directing light away from beach area, utilizing low- profile lighting and lowering the Tight k
intensity of the lamps.
(2) No more than two footcandles of artificial illumination shall be cast upon the
beach when the spectral distribution of the Tight bandwidths is between 560 and 620
C re nanometers. Commercially available lighting that satisfies the spectral criteria include
low- pressure sodium lamps.
rt
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
March 19, 2002
Page 5
tior
3
O No lamp shall be directly visible from the beach. The use of opaque materials for
screening and hooding the lamps are techniques, which may be used to limit visibility
from the beach.
(4) Parking Tots where vehicle headlights may cast Tight onto the beach so as to be
in violation of this article shall be screened to eliminate excess Tight on the beach.
(5) At the time building and electrical plans are submitted for public review,
appropriate photometrics of the artificial lighting used shall be provided by the
applicant. Photometrics shall include horizontal isolux charts and spectral distribution
charts if appropriate.
(b) This article shall not apply to any structure for which a building permit or
development order has been issued prior to the effective date of the ordinance from
which this section is derived.
(Code 1981, § 659.05)
Proposed change to section 14 -55. New Development.
Mr. Treverton questioned where the section 14 -55 derived? Mr. Boucher
responded that he would look to acquire a new standard and wording that is
user- friendlier.
Mr. Boucher stated regarding section 14 -2 (b) the city has nuisance birds that
require trapping and a provision added relating to native or migrant bird species.
Mr. Weber suggested that Mr. Boucher and Attorney McQuagge come up with
verbiage for section 14 -2 (b).
Sec. 14 -58. Beach activities.
a Fires shall be • rohibited within the jurisdictional boundaries of this article
rom 9:00 p.m. until 7:00 a.m. during the period of
May 1 to October 31 of each year.
(b) Mechanical raking of the beach within the jurisdictional boundaries of this article
shall be prohibited during the period of May 1 to October 31 of each year, except as
exempted under section 14- 54(d).
(Code 1981, § 659.11)
Proposed change to Section 14 -58. Beach activities.
Chief Sargeant requested a consensus and a regulation from Council whether
bonfires are allowed on the beach. Chief Sargeant explained that there are
provisions for cooking fires in approved containers but no ordinance banning
C o. bonfires. Council agreed they would like to ban bonfires, but allow approved
cooking containers as regulated in Florida State Statute 633.
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
March 19, 2002
Page 6
Chapter 16 BUSINESSES*
ARTICLE II. SOLICITORS, PEDDLERS AND ITINERANT MERCHANTS
DIVISION 1. GENERALLY
Sec. 16 -26. Definitions.
The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Solicitor, peddler, itinerant merchant, canvasser or hawker mean any person who goes
from house to house or apartments in the residential districts, or upon the streets in any
residential area of the city for the purpose of soliciting the sale, barter, exchange or
orders for the sale of goods, wares, merchandise or services, whether or not such
persons carries goods, wares or merchandise for such sale, barter, exchange or order
or whether or not such person is capable of rendering the service offered. A solicitor,
peddler, hawker or itinerant merchant shall be referred to as a solicitor throughout this
article.
(Ord. No. 4 -93, § 1(723.01), 5- 18 -93)
Cross reference(s)— Definitions and rules of construction generally, § 1 -2.
Sec. 16 -27. Permission to enter premises required.
It shall be unlawful for any solicitor to enter upon any private premises without
permission or invitation from the occupant or homeowner. The absence of permission
or invitation must be manifested by the occupant or homeowner by the posting of a sign
on the premises visible from a distance of ten feet from the front entrance of the
premises.
(Ord. No. 4 -93, § 1(723.03), 5- 18 -93)
Sec. 16 -28. Harassment prohibited.
No solicitor shall vex, annoy or harass any person by importuning such person to
purchase or look at his goods or wares or to witness a demonstration of the solicitor's
services.
(Ord. No. 4 -93, § 1(723.05), 5- 18 -93)
Sec. 16 -29. Solicitor to leave when requested.
It shall be unlawful for any solicitor to refuse or fail to leave any private premises in the
city upon being so requested by the owner, occupant or person in charge thereof.
(Ord. No. 4 -93, § 1(723.07), 5- 18-93)
Sec. 16 -30. Fraud.
Any solicitor who commits any fraud, cheating or misrepresentation whether through
himself or any employee while acting as a solicitor in the city or who shall sell, barter,
exchange or take orders for any goods, wares, merchandise or service other than those
City of Cape Canaveral, Florida
City Council Code Review Workshop Meeting
March 19, 2002
Page 7
specified in the application for a permit, shall, upon conviction, be guilty of a violation of
this article.
(Ord. No. 4 -93, § 1(723.09), 5- 18 -93)
Proposed change to Chapter 16, Art. II — Solicitors, Peddlers and Itinerant Merchants
Mayor Pro Tem Petsos questioned whether the City enforces Chapter 16, Article
II, how many permits are on file, and if there are any exemptions? Ms. Bowers
responded that each applicant must go through a rigorous application process.
If the business proves legitimate they will receive the license and are required to
wear tags. Ms. Bowers asked Attorney McQuagge y gge to review Interstate Commerce
Rules to verify if the requirement of wearing tags is in violation. Ms. Bowers
added that the City might want to include beach solicitors. Attomey McQuagge
interjected disagreement with the section of the code regarding homeowners
having to place a sign on their property to prohibit solicitors.
Council agreed there should be exemptions to allow for youth organizations and
requested that Mr. Boucher and Attorney McQuagge supply verbiage.
DIVISION 2. PERMIT
Cie Sec. 16 -51. Required.
It shall be unlawful for any solicitor to engage in business within the city without first
obtaining a permit therefore in dominance with the • rovisions of this article and
: i fs ... - ! to/ 2 , rs'd3' � ct N . t # " r a r ;, s f _. d a sx, Y 7 x n
pa ment a fee of x.4 < „
(Ord. No. 4 -93, § 1(723.13), 5-18 -93)
Mr. Weber stated that the current P ermit fee was insufficient to conduct a
background check. Ms. Bowers responded that this fee was only an
occupational tax fee. Mr. Treverton suggested that the applicant pay the
background check fee.
Council requested that staff review the remaining sections of Chapter 16 and
return with ideas for the next Code Review Meeting.
The bpr business, the meeting adjourned at 6:45 p.m.
,. « ire
�
//ir• is Haas, Adrr�fii$tive Assistant
f i b , `
Cor � 041 .R��