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HomeMy WebLinkAboutOrdinance No. 22-2003 ORDINANCE NO. 22 -2003 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, FLORIDA, AMENDING CODE SECTION 54 -47 RELATING TO THE VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR A REVISED DEFINITION OF VESSEL; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT 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 Section 2(b), Article VIII, of the State Constitution, to exercise any power for municipal Y p p purposes, except when expressly prohibited by law; and WHEREAS, the City Council is engaged in a comprehensive review of the City Code of Ordinances; and WHEREAS, the City Council desires to clarify the definition of vessel under Chapter 54 of the City Code; 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. 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 this reference as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral. Section 2. Code Amendment. Section 54 -47 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 this Ordinance of text existing in Section 54 -47. It is intended that the text in Section 54 -47 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance): Sec. 54-47. Definitions. * * * City of Cape Canaveral Ordinance No. 22 -2003 Page 1 of 2 4 Vessel means a inutt,r- propcllcd watciLA aft, including a personal watcrci aft oi jet skis every description of watercraft and airboat used or capable of being used as a means of transportation or recreation on the water. As used in this article, the terms "boat" and "watercraft" are synonymous with "vessel." 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 maybe 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. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Council of the City of Cape Canaveral, Florida. C ADOPTED by the City Council of the City of Cape Canaveral, F • a, this 2 y of September, 2003. ROCKY RANDLLS, Mayor ATTEST: For Against Bob Hoog X Jim Morgan X Buzz Petsos Second SUSAN STILLS; Cfty glerk Rocky Randels X Q Richard Treverton Motion First Reading: 8/19/03 Legal Ad published: 8/24/03 Second Reading: 9/2/03 Approv- :. " to legal form and sufficiency for the C e Canaveral only: ANTHONY A. GARGANESE, City Attorney F:\Docs \City of Cape Canaveral \Ordinances \Vessel_Def 22-2003 wpd City of Cape Canaveral Ordinance No. 22 -2003 Page 2 of 2