HomeMy WebLinkAboutOrdinance No. 13-2003 P —
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ORDINANCE NO 13 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, RELATING TO THE PERMITTING AND
REGULATION OF ALARM SYSTEMS; PROVIDING FOR
FINDINGS OF FACT CONCERNING FALSE ALARMS AND
THEIR DETRIMENTAL EFFECT; PROVIDING FOR
PURPOSE AND INTENT; PROVIDING DEFINITIONS;
{ PROVIDING A SCHEDULE OF FEES; PROVIDING FOR A
PENALTY FOR VIOLATIONS; 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 City Council finds that a high incidence of false alarms and/or malfunctions
causes significant misuses of the manpower and resources of the fire department, law enforcement,
and emergency medical services by causing the dispatch of units to the scene of a false alarm or alarm
malfunction which renders them out of service and unavailable to respond to legitimate emergency
situations; and
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WHEREAS, the City Council finds that the continued high incidence of false alarms and /or
malfunctions are a threat to the health, safety and welfare of the citizens of the City of Cape
Canaveral; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL HEREBY ORDAINS, 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 Repeal. That Article II, Chapter 30 of the Code of Ordinances, for the City
of Cape Canaveral, Florida is hereby repealed simultaneously with the adoption of a new Article II
provided below. A copy of the current Article II, Chapter 30 is attached hereto for reference purposes
only.
City of Cape Canaveral
Ordinance No. 13 -2003
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Section 3. Code Adoption. That a new Article II, Chapter 30 of the Code of Ordinances, City
ti of Cape Canaveral, Florida, is hereby adopted as follows: (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
1 text existing in Chapter 30. It is intended that the text in sections Chapter 30 denoted by the
asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior
to adoption of this Ordinance).
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i Chapter 30. EMERGENCY SERVICES 1
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ARTICLE IL ALARM SYSTEMS
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i Section 30 -26. Definitions.
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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:
Alarm Business shall mean a business for which any individual, partnership, corporation or other
entity engaged in selling, leasing, maintaining, servicing, repairing, altering, replacing, moving or
installing or monitoring any Alarm System or causing to be sold, leased, maintained, serviced,
repaired, altered, replaced, moved, installed or monitored, any alarm system in or on any building,
structure or facility either privately or publicly owned.
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Alarm Malfunction shall mean the activation of Security Alarms, Fire Alarms or Life Alert Alarm
Systems which results in the response by fire rescue, law enforcement or emergency medical
services caused by mechanical failure, malfunction, improper installation, or lack of proper
maintenance, or any other response for which the responding personnel are unable to gain access
to the premises for any reason, or are unable to determine the apparent cause of the alarm
activation.
Alarm Permit shall mean a permit issued by the City allowing the operation of an alarm system
within the city.
Alarm Systems shall mean Fire Alarm, Security Alarm or Life Alert Alarm Systems.
Alarm System Technician shall mean any person who inspects, installs, repairs or performs
maintenance on alarm systems pursuant to the Section 489.501 et seq., Florida Statutes.
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Automatic Telephone Dialing Device or Digital Alarm Communicator System shall mean an alarm
system which automatically sends a prerecorded voice message or coded signal over a regular
telephone line by direct connection or otherwise, indicating the existence ofthe emergency situation
City of Cape Canaveral
Ordinance No. 13 -2003
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Emergency Services s hall mean singularly and collectively Law Enforcement, .£ g Y g y y Fire Rescue, and /or
emergency medical services.
False Alarm shall mean the activation of any security, fire or Life Alert Alarm System which results
in the response of Law Enforcement. Fire Rescue, or emergency medical services, caused by the
negligent or intentional misuse of the Alarm System by the Owner or his or her employees, servants
or agents. An activated alarm is not considered a false alarm if the alarm is activated due to
malicious cause beyond the control of the owner, or to acts of God beyond the control of the
owner such as lightning strikes or severe weather conditions.
Fire Alarm System shall mean any mechanical, electrical or radio - controlled device designed to
emit a sound or transmit a signal or message when activated or any such device that emits a sound
and transmits a signal or message when activated because of smoke, heat or fire. Without limiting
the generality of the foregoing, Alarm Systems shall be deemed to include audible alarms at the
site of the installation of the detection device, proprietor alarms and Automatic Telephone Direct
Dial Devices or Digital Alarm Communicator Systems. A single station smoke - detector shall not
be deemed to be an alarm system under this article.
Fire Rescue shall mean the City of Cape Canaveral Volunteer Fire Department, Inc.
Key Holder /Emergency Contact shall mean the person(s) designated in writing by the Owner of
the Alarm System as a holder of keys to the Alarm System who is thereby authorized to respond
to an activated alarm of the Owner.
Law Enforcement shall mean the Brevard County Sheriffs Department.
Life Alert Alarm System shall mean any mechanical, electrical or radio - controlled device which is
designed to automatically send a prerecorded voice message of coded signal through an Automatic
Telephone Direct Dialing Device or Digital Alarm Communicator System, indicating the existence
of an emergency medical situation to which public safety is expected to respond.
Owner shall mean any person who owns the premises in which an Alarm System is installed or the
person(s) who leases, operates, occupies or manages the premises.
Premises shall mean any building, structure or combination of buildings and structures, whether
residential or non - residential, wherein an Alarm System is installed.
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City of Cape Canaveral
Ordinance No. 13 -2003
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1 Security Alarm System shall mean any mechanical, electrical or radio - controlled device which is
designed to be used for the detection of any unauthorized entry into a building, structure or facility,
1 or for alerting others of the commission of an unlawful act within a building structure or facility or
both, which emits a sound or transmits a signal or message when activated.
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Sec. 30 - 27. Alarm Permit required; fee; renewal.
al It shall be unlawful for any person to operate an Alarm System without a valid Alarm Permit.
All Alarm Permits issued prior to the effective date of this article shall expire on September
30, 2003, when all permits are subject to renewal and must be renewed in accordance with
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the provisions ofthis article. However, all alarm users must report any changes in emergency
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contact information.
cs,) With the exception of Alarm Permits for systems within single - family residences, Alarm
Permits will expire on the thirtieth (30) day of September of each year and must be
renewed not later than the first (1') day of October of each year Initial and renewal permits
will be issued after completion of J an application form provided by the City and payment is
made in accordance with Appendix B of the City Code. Alarm Permits for single - family
residences shall not expire annually, but Owners are required to keep emergency contact
information current as provided in this article.
cd,) If a business has one (1) or more Alarm Systems protecting two (2) or more separate
structures having different addresses, a separate permit will be required for each structure.
Subsections (c) and (d) of this section shall not apply in those situations where Alarm
Permits have been revoked under the provisions of this article.
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CO All Alarm Businesses installing new alarm equipment or transferring alarm service from one
alarm user to another user within the city limits will notify the city within ten (10) working I
days of the installation.
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Permits cannot be transferred from one assigned user to a new alarm user. The new alarm
c user is required to obtain an alarm permit before the Alarm System is activated.
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Sec. 30 -28. Application for Alarm Permit; emergency notification; and reporting changes in
i notification information.
La,) Applications for Alarm Permits shall be made on forms provided by the City. Each
application shall be accompanied by a fee in accordance with Appendix B of the City Code.
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Ce' Ordinance No 13 -2003
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The application shall be signed by the Owner and shall provide the following information:
a) The name, address, and telephone number of the Owner.
(2) Address and telephone number of the Premises to be served by the Alarm System.
oi The name, address, and telephone number of the person in charge of the Premises
served by the Alarm System.
O The name, address, and telephone number of the person or company installing the
Alarm System.
a) The name, address, and telephone number of the person or company monitoring the
{ Alarm System.
f6,) The name, address, and telephone number of the person or company providing
maintenance and repair service to the Alarm System.
all Each application shall list the name, address and telephone number for at least three (3) Key
Holder/Emergency Contact persons designated by the Owner to permit the prompt
notification of alarm calls and assist the city in the inspection ofthe property. Changes in the
emergency telephone numbers shall be kept current and failure to provide updated
information may constitute grounds for revocation of the permit.
Lc,) Each holder of an Alarm Permit shall notify the city in writing of any and all changes in the
information on file with the City regarding an Alarm Permit within thirty (30) days of such
change. Failure to do so shall constitute grounds for revocation of the permit.
Sec. 30 - 29. Alarm Permit issuance; posting
An Alarm Permit shall be issued to the Owner by the City within ten (10) business days after
receipt of the completed application and permit fee by the City. Such permit shall be prominently
displayed at the usual and customary entrance to the building or structure. An Alarm Permit shall
be denied if
al The application is not complete or the permit fee was not tendered.
(2) The application contains false, misleading, or incorrect information.
a) Any person or company identified on the application, as the system installer, system
monitor, or as the provider of maintenance for the system, that does not possess the
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required occupational or regulatory license to conduct such activities for the Owner.
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Sec. 30 -30. Response to alarm activation: Owner response, False Alarm and corrective
action.
La,) Owners or lessees of any Alarm System which has activated shall respond to the Premises
upon being requested, in order to reset or disable the Alarm System within thirty (30)
minutes of notification. Failure to provide such response shall result in a charge of $150.00
for each such occurrence.
fi) Whenever an alarm is activated in the city, requiring an emergency response to the Premises
1 by Law Enforcement, Fire Rescue or emergency medical services, and such emergency
response personnel are dispatched to the Premises and it is determined by the responding
agencies that the alarm was a False Alarm, the Owner shall be served an "Alarm Cause and
Corrective Action" form. This form shall indicate that the activation was deemed to be a
False Alarm and shall require the Owner to have the Alarm System examined by an Alarm
System Technician and that a bona fide attempt has been made to identify and correct any
defect of design, installation or operation of the Alarm System which was identifiable as the
cause of the False Alarm. The identity of the Alarm Business engaged to examine the Alarm
System shall be provided on the form and the action taken in response to the False Alarm.
Lc,) Service of the Alarm Cause and Corrective Action form shall be served by hand delivery
where practical and where not practical by certified mail return receipt requested to the
address provided by Owner on the application for Alarm Permit.
a) Failure to return the Alarm Cause and Corrective Action form, to the satisfaction of the city,
within twenty (20) days of receipt of such form will result in an assessment against the
Owner of the Premises of a fine of $500.00.
fie,) The city shall have the right to inspect any Alarm System on the Premises to which a
response has been made and may cause an inspection of such system to be made at any
reasonable time thereafter to determine whether it is being used in conformity with the terms
of this article.
Sec. 30 - 31. Fees charged; Alarm Malfunction and False Alarms.
False Alarm Fee. No fee shall be assessed for the first three (3) False Alarms at the same
premises responded to by Emergency Services during each calendar year Thereafter, the
Owner shall pay a fee, as provided in Appendix B of the City Code, for each False Alarm
responded to at the same Premises during said calendar year
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City of Cape Canaveral
Ordinance No 13 -2003
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(b) Alarm Malfunction Administrative Fee. As to all Alarm Malfunctions responded to by
Emergency Services the Owner shall be assessed a fine of $500.00, unless within twenty (20)
days of receipt the Owner returns to the city the Alarm Cause and Corrective Action form
deemed satisfactory by the city. For those Alarm Malfunctions that the Owner returned a
satisfactory Alarm Cause and Corrective Action form, Alarm Malfunctions during each
calendar year shall be exempt from any fees in excess of the Alarm Malfunction
Administrative Fee set forth in Appendix B of the City Code.
fcl Should any fee assessed pursuant to this article remain unpaid in excess of ninety (90) days
from the date the charge is billed, a collection fee in the amount of thirty -five (35) percent
on the outstanding balance shall be assessed and shall be available by the Owner of the
Premises in addition to the original fee. The Owner shall also be responsible for any legal
fees or costs incurred by the city in enforcement of this article.
Sec. 30 - 32. Disconnection of Alarm Systems.
Except for Premises protected by an Alarm System as required by law, the city is authorized
to order the disconnection or deactivation of any Alarm System by written notice to the
Owner of the premises wherein an Alarm System is installed for any of the following
reasons:
Failure to make all requirements or pay the fees provided for in this article within
fifteen (15) days of the charging of the fees; or
(2) Failure of the Owner to provide a written Alarm Cause and Corrective Action form
as require by this article; or
CD A False Alarm or Alarm Malfunction at a Premises for which a fee is charged
pursuant to this article as a result of the failure of the Owner to take corrective
action to eliminate the cause of the False Alarm; or
O) The failure of a person notified pursuant to this article to appear within one hour
after being noticed to respond, if such failure to timely appear occurs four or more
times within a calendar year.
The written notice to disconnect shall be provided via certified mail, return receipt
requested, to the Owner and shall specify the date on which the Owner shall be required to
disconnect or deactivate the Alarm System, which date shall be at least fifteen (15) days
following the date of the notice. The Owner may appeal the order to disconnect in
accordance with this article.
City of Cape Canaveral
Ordinance No. 13 -2003
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Sec. 30-33. Appeals.
coe Laj The city manager or designee will serve as hearing officer for appeals from Owners that have
been provided notice to disconnect or deactivate an Alarm System or have been assessed
fees for Alarm Malfunctions or False Alarms. If the city manager elects a designee to serve
as hearing officer, that designee shall not be Emergency Services personnel.
An appeal must be in writing, submitted to the city manager's office along with a filing fee
as provided in Appendix B of the City code, stating the reasons why the order to disconnect
or deactivate should be withdrawn, and shall be made within fifteen (15) days of the date of
1 the notice to disconnect or receipt of any "Alarm Cause and Corrective Action" form. The
Owner shall have the burden of proof by the preponderance of the evidence standard.
(c,) The hearing officer shall send notice of hearing to the Owner within fifteen (15) days of
receiving a written request for appeal. Within ten (10) days following the hearing the hearing
officer shall make written findings in support of the officer's decision to overturn and or
uphold the action appealed.
csil Where the hearing officer upholds the decision to disconnect or deactivate an Alarm System
or affirms the assessment of fees, the Owner shall have five (5) days following receipt of the
written decision within which to comply with the order.
( The appeal of an order to disconnect or deactivate an Alarm System or for the assessment
of a fee shall suspend the effective date of the order until the city manager has acted upon
the appeal.
Sec. 30 - 34. Failure to disconnect or unauthorized re connection of the Alarm System.
It shall be a violation of this article for any person to fail to disconnect or deactivate an
Alarm System which has been ordered disconnected or deactivated, including those situations in
which the hearing officer has affirmed the order to disconnect or deactivate. It shall be a violation
of this article for any person to reconnect an alarm system which has been disconnected or
deactivated pursuant to the order of the city, unless the re- connection of the Alarm System is
authorized pursuant to the city code.
Sec. 30 - 35. Penalty and enforcement.
Any person who violates any provision of this article shall be guilty of an offense against the
city and shall be punished as provided in Section 1 -15 ofthe City Code. The provisions of this article
may be enforced either by prosecution as a misdemeanor through the state attorney's office for
Brevard County, Florida or through the powers and jurisdiction of the city code enforcement board,
City of Cape Canaveral
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Ordinance No 13 -2003
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or by any other legal or equitable form of action.
Sec. 30 - 36. Re connection of Alarm Systems.
The Fire Department and the Law Enforcement services shall have the right to inspect the
Alarm System and test same prior to rescinding the order to disconnect or deactivate. Before any
re- connection of an Alarm System and after the order to disconnect such system, a re- connection
fee of $25.00 shall be assessed.
Sec.30 -37. Automatic Telephone Direct Dialing Device or Digital Alarm Communicator
System.
cAl It shall be unlawful for any person to install, maintain, operate or use any Automatic
Telephone Direct Dialing Device or Digital Alarm Communicator System within the city
unless the system is currently approved by the Federal Communications Commission
(FCC), and has been approved by Emergency Services, unless otherwise required by law.
Any person who violates the provisions ofthis section shall be penalized as the provided for
in Section 1 -15 of the City Code.
Sec. 30 - 38. Audible sound systems.
All new or existing audible sound systems shall sound no longer than five (5) minutes for
residential and ten (10) minutes for businesses, unless otherwise required by the Underwriter's
Laboratories or law.
a Sec. 30 - 39. Alarm Systems operations.
The city, its officers, employees and agents, shall not assume any duty or responsibility for
the installation, maintenance, operation, repair or effectiveness of any privately owned Alarm
System, those duties or responsibilities being solely those of the Owner of the Premises. No person
shall reset or render an activated Fire Alarm System inoperative unless by direction of the Fire
Department.
Section 4. Code Amendment. That Appendix B 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 Appendix B. It is intended that the text in sections Appendix B 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. 13 -2003
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Appendix B - Schedule of Fees
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Chapter 30. Emergency
Services Article II. Alarm
Systems
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I (a) Failure to provide response to alarm location, $150.00 20- 2930(a)
1 each occurrence.
(b) False alarm, second or subsequent response within a 30 -31(c) 30(b)
a six -month one year period.
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(1) Fire response $150.00
1 (2) Police response $ 25.00
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(c) Appeal . . . . . . .. , filing fee $ 10.00 30 -31(c) 33(b)
(d) Permit fee $ 15.00 30 -48-(b)28
f) Renewal fee $ 15.00 30 -27(c)
(f False alarm Fee 3 0 -31 (a)
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Number of false alarms Fee per false alarm
One through three $0.00
Fourth $50.00
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Fifth $75.00
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Sixth $100.00
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Seventh and above $200.00 each
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(0 Alarm malfunction administrative fee 30 -31(b)
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Number of alarm malfunctions Fee
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One through three $0.00
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Fourth $25.00
Fifth $25.00
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Sixth $25.00
Seventh $50.00 each
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I Section 5. 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.
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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
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or modified as necessary to effectuate the foregoing.
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Section 7. Severability. If any section, subsection, sentence, clause, phrase, word or provision
1 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.
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Section S. Effective Date. This Ordinance shall become effective immediately upon adoption
i C by the City Council of the City of Cape Canaveral, Florida.
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[Adoption Next Page]
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City of Cape Canaveral
Ordinance No 13 -2003
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20 day of €
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May, 2003.
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ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog x
i i, J. r Jim Morgan Motion
i / ; Buzz Petsos Second
SUSAN 1 , City-t*rlf Rocky Randels x
Richard Treverton x
First Reading: 5/6/03
Legal Ad published: 5/10/03
Second Reading: 5/20/03
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Approved as to legal form and sufficiency for
the City of C..e Canaveral only:
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Al di I I
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A ' ONY A. GARGANESE, City Attorney
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City of Cape Canaveral
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