HomeMy WebLinkAboutOrdinance No. 15-2003 ORDINANCE NO. 15 -2003
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, FLORIDA, AMENDING THE CITY
OF CAPE CANAVERAL CODE OF ORDINANCES,
RELATING TO FIRE PROTECTION SERVICES;
PROVIDING FOR THE REPEAL OF PRIOR
INCONSISTENT ORDINANCES AND RESOLUTION;
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 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 38 of the City Code, the City Council
determined that amendments to Sections 38 -56, 38 -57, and 38 -58 are necessary in light
of Section 4 of the City's Charter, which was amended in 1985, and to clarify the
authority provided to the Fire Chief under the City's Ordinances; and
Cie 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 Sections 38 -56, 38 -57, and 38 -58 of the Code
of Ordinances, City of Cape Canaveral, Florida, are 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 38. It
is intended that the text in Chapter 38 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. 15 -2003
Page 1 of 4
Sec. 38 -56. - _ • _ _ _ -; • - _ - ; _ _ • . • _ • Fire protection services;
emergency medical services.
The city may have a paid fire department which shall consist of a firc chief and such
e - " - - " e - ° • = . - - _ - - • - •• •• e - - - - shall contract with the
Cape Canaveral Volunteer Fire Department, Inc. for the provision of fire protection and
emergency medical services within the city, unless otherwise provided in accordance
with the City The firc chief .hall bc the head of the fire department, and-ho
shall receive such compensation as may bc determined by the city council. The city,
may however, enter into mutual aid agreements with any municipality, Brevard County,
or private or federal agency for the purpose of supplementing the fire protection
services provided by the Cape Canaveral Volunteer Fire Department, Inc.
Sec. 38 -57. Volunteer fire department.
The city may support and assist - : _ - - - • - : - : - - •• - - the Cape Canaveral
Volunteer Fire Department, Inc.. Such support and assistance
the volunteer firefighters shall be defined and provided for within the Contract for
Services, as may be amended, between the city and the Cape Canaveral Volunteer Fire
Department, Inc..
is
Sec. 38 -58. Duties of fire chief.
(a) It shall be the duty of the fire chief to:
(1) Attend such meetings of the city council as required by the city council;
(2) Aid in the enforcement of all applicable laws and city ordinances relating
to the prevention and extinguishment of fires and the protection of life and
property within the limits of the city and execute all papers and processes
of the city or its authorities relating thereto; and
City of Cape Canaveral
Ordinance No. 15 -2003
Page 2 of 4
(he
Coe (3) Perform such other duties as may be lawfully required of him, subject to
by law or lawfully assigned
by the city council or city manager.
(b) The Cape Canaveral Volunteer Fire Department, Inc. shall appoint a lawfully
qualified individual to serve as fire chief who shall have and exercise control over the
fire 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.
C o 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 3rd
day of June, 2003.
■C oc,V-„ (Py
ROCKY RANDECS, Mayor
ATTEST: For Against
Bob Hoog X
Jim Morgan Motion
Fi Buzz Petsos X
SUSAN `TIL ` S,City Clerk Rocky Randels X
Richard Treverton Second
City of Cape Canaveral
Ordinance No. 15 -2003
Page 3 of 4
(000, 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 City of Cape Canaveral only:
ANTHONY A. GARGANESE, City Attorney
aaa
}
F:1Lawyeryeffb\City of Cape Canaveral \ Ordinances\ Fire_Protection_Amend_Sec38.wpd
City of Cape Canaveral
Ordinance No. 15 -2003
Page 4 of 4
Cet