HomeMy WebLinkAboutOrdinance No. 01-2003 i
ORDINANCE NO. 01 -2003
(iire AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING THE CITY CODE THROUGH THE
ADOPTION OF A NEW SECTION 54 -3 ENTITLED FIRES
RESTRICTED; PROVIDING FOR THE RESTRICTION OF
FIRES ON OR OVER THE BEACHES, PUBLIC PARKS AND
PUBLIC RECREATIONAL LANDS IN THE CITY;
PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING
ORDINANCES AND RESOLUTIONS; PROVIDING FOR
INCORPORATION INTO THE CODE; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under § 2(b), Art. VIII of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law;
and
WHEREAS, the tranquility, and orderly and safe use of beaches and public parks, is of a
prime importance to the City, its citizens and visitors; and
WHEREAS, the City Council believes bonfires or other open burning on or over the beaches,
and public parks would create property, public safety and environmental hazards; and
C oe WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as
legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. That section 14 -58 of the Code of Ordinances, City of Cape
Canaveral, Florida, is hereby amended as follows: (underlined type indicates additions and strikeout
type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing
in section 14 -58. It is intended that the text in section 14 -58 denoted by the asterisks and set forth
in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
City of Cape Canaveral
Ordinance No. 01 -2003
(Iry Page 1 of 3
Sec. 14 -58. Beach activities.
(a) Fires, although otherwise restricted on, over, or upon the City's beaches in Chapter 54, shall
be prohibited within the jurisdictional boundaries of this article when such fires are visible
from the beach from 9:00 p.m. until 7:00 a.m. during the period of May 1 to October 31 of
each year.
Section 3. Code Adoption. That section 54 -3, entitled Open Fires Restricted, is hereby adopted
as follows: (underlined type indicates additions to Article I, Chapter 54 of the City Code.)
Sec. 54 - 3. Open fires restricted.
No person shall ignite or participate in igniting an open fire in, on or over the beaches or
public parks within the City of Cape Canaveral including camp fires and bonfires . Notwithstanding
the foregoing, lighting a fire for the purpose of cooking is permitted provided such fire is contained
wholly within a container or device manufactured for cooking purposes and approved by the City's
Fire Chief or his designee.
Sec. 54- 43 -25. Reserved.
Section 4. 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 5. 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.
Section 6. 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
[Space left intentionally blank, adoption on next page.]
City of Cape Canaveral
Ordinance No. 01 -2003
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i lire ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 21st day of
January, 2003.
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ED c_ u.‘ C■02ef
ROCKY RAELS, Mayor
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ATTEST: i P. For Against 1
Bob Hoog X 1
Jim Morgan Motion
Buzz Petsos Second
SUS STILL•S;'City"' rk Rocky Randels X
Richard Treverton Absent
I First Reading " ` 1/7/03
Legal Ad published: 1/11/03
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Second Reading: 1/21/03
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Approved as to legal form and sufficiency for
the Ci ape Canaveral only:
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(re ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No. 01 -2003
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