HomeMy WebLinkAboutOrdinance No. 14-2003 1
ORDINANCE NO 14 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING SECTION 42 -26 OF THE CAPE
CANAVERAL CODE RELATING TO DUTIES OF CHIEF
OF POLICE; 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 § 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 of the City of Cape Canaveral is undertaking a
comprehensive review of the City Code to update the City Code; and
WHEREAS, during the review of Chapter 42 of the City Code, the City Council
determined that a correction to Section 42 -26 is necessary to eliminate duplicate
language; and
WHEREAS, the City Council hereby finds that the correction to Section 42 -26
contained herein is in the best interest 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 Chapter 42 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 Chapter 42. It is intended that the text in
Chapter 42 denoted by the asterisks and set forth in this Ordinance shall remain
unchanged from the language existing prior to adoption of this Ordinance).
C
City of Cape Canaveral
Ordinance 14 -2003
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CHAPTER 42 LAW ENFORCEMENT
Article II. Police Department
Sec. 42 -26. Duties of chief of police and /or precinct supervisor.
(a) It shall be the duty of the chief of police and /or precinct supervisor to:
(1) Attend meetings of the city council as directed by the city council;
(2) Aid in the enforcement of order and aid in the enforcement of laws
and city ordinances;
(3) Execute all papers and processes of the city or its authorities;
4{ } Perform such other duties as may be lawfully required by law
or lawfully assigned by the city council or city manager.
(b) Subject to the authority and instructions of the city council, the chief of
and /or precinct supervisor shall have and exercise control over the police department.
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.
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.
City of Cape Canaveral
Ordinance No. 14 -2003
Page 2 of 3
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 Cit of Cape Canaveral, Florida, this 3rd
day of June, 2003.
( 7-4 , Q9Q(4.
ROCKY RANDE S, Mayor
ATTEST: = For Against
Bob Hoog X
Jim Morgan Second
Buzz Petsos Motion
SUSAN' TJJJ S,-City Clerk Rocky Randels X
Richard Treverton X
First Reading: 5/20/03
Legal Ad published: 5/24/03
Second Reading: 6/3/03
Approved as to legal form and sufficiency for
the C of • ape Canaveral only:
A
ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No. 14 -2003
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