HomeMy WebLinkAboutOrdinance No. 25-2003 ORDINANCE NO. 25 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 34 OF THE CAPE
CANAVERAL CODE RELATING TO INOPERABLE MOTOR
VEHICLES; PROVIDING FORA REFINED DEFINITION OF
INOPERABLE MOTOR VEHICLE; PROVIDING FOR
SCREENING OF INOPERABLE VEHICLES STORED
WITHIN A CARPORT; PROVIDING FOR REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND EFFECTIVE DATE.
WHEREAS, the City Council is granted the authority, under Section 2(b), Article VIII, of
the Florida Constitution, to exercise any power for municipal purposes, except when expressly 1
prohibited by law; and
WHEREAS, the City Council of the City of Cape Canaveral is undertaking a comprehensive
review of the City Code of Ordinances to determine where the City Code is in need of clarification
or updating; and
WHEREAS, during this review it was determined by the City Council that the regulations
c . regarding the storage of inoperable motor vehicles was in need of clarification; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds that this
Ordinance is 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:
rc 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. Chapter 34 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 Chapter 34. It is intended that the text in Chapter 34 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 25 -2003
Page 1 of 4
CHAPTER 34. ENVIRONMENT
* * *
Article IV. Abandoned Property
Sec. 34 -176. Definitions.
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:
Abandoned property means all tangible personal property which does not have an identifiable owner
and which has been disposed of in a wrecked, inoperative or partially dismantled condition or which
has no apparent intrinsic value to the rightful owner. Abandoned property shall include, but not be
limited to, motor vehicles, machinery, refrigerators, washing machines, plumbing fixtures, and
furniture which have been left unprotected from the elements.
Enforcement authority means the person designated by the city manager to enforce this article, and
his or her agents and designees.
Inoperable motor vehicle means a motor vehicle which is unuseable for its intended purpose or
incapable of operating under its own power due to extensive damage, disassembly, deterioration, or
the existence of trash or undergrowth in or around the motor vehicle indicating disuse. The absence
of a license plate for the current year and/or the absence of a current motor vehicle registration shall
be prima facie evidence that such motor vehicle is inoperable. does Hut have affixtd the
t This definition shall not apply to motor
vehicles owned or leased by an automobile dealer, provided that such dealer shall possess a current,
valid occupational license and the vehicles are stored on property which is properly zoned and
{ approved for use as an automobile dealership.
Motor vehicle means a vehicle or conveyance which is self - propelled and designed to travel along
the ground, and includes, but is not limited to, automobiles, buses, mopeds, motorcycles, trucks,
tractors, go- carts, golf carts, campers, motor homes and trailers
Private property means any real property within the city which is privately owned and which is not
defined in this section as public property.
Public property means any property in the city which is owned by a governmental body and
buildings, parking lots, parks, streets, sidewalks, swales, rights -of -way, easements and other similar
property, except paved portions of rights -of -way
* * *
City of Cape Canaveral
Ordinance No. 25 -2003
Page 2 of 4
Sec. 34 -181. Storing, parking or leaving on private property.
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Lb Required screening for inoperable or abandoned motor vehicles.
LU Any inoperable motor vehicle parked or stored within a carport or in a building that
is not fully enclosed and which is visible from the right -of -way or other public or
private proper shall be completely covered with an opaque covering made of either
vinyl, nylon, chamois, or other similar material that is resistant to weather and is
commercially intended to be used as an outdoor protective cover. Each cover shall
display a solid and uniform, neutral or earth tone color and be securely fastened to
the inoperable motor vehicle at all times, except when such vehicle is being actively
repaired. Neutral or earth tone colors include white, brown, grey and black. All
coverings must provide sufficient screening so as to prevent ordinary viewing of any
inoperable motor vehicle from adjacent public and private property,
(2) Any motor vehicle parts that are dismantled or disassembled and waiting to be
attached or assembled to a motor vehicle may be stored temporarily in a carport or
in a building that is not fully enclosed, provided that such motor vehicle parts are
necessary to perform active repairs on an inoperable motor vehicle. Where an
inoperable motor vehicle is not being actively repaired, storage ofmotor vehicle parts
is prohibited within a carport or in a building that is not fully enclosed and which are
visible from the right -of -way or other public or private property.
fal For the purposes of this section, the term "active repairs" or "actively repaired" shall
mean the active and diligent repair of any inoperable motor vehicle by any person or
persons. It shall be presumed that a motor vehicle is not being actively repaired when
no person is observed making any repair or repairs.
* * *
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.
City of Cape Canaveral
Nire Ordinance No. 25 -2003
Page 3 of 4
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Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision
: C 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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2nd day of
September, 2003.
1 CaC) CdYrC:::C*'"4C2Qa
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ROCKY RAND S, Mayor
i ATTEST: For Against
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Bob Hoog Second
1 _L Jim Morgan Motion
_ / Buzz Petsos X
1 SUS • TILLS, Qty Clerk Rocky Randels X
Richard Treverton X
FirstReadhi �~ 8/19/03
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Legal Ad published: 8/24/03
Second Reading: 9/2/03
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Approved as to legal form and sufficiency for
the City o ' ., • e Canaveral only:
4 .1111111111 :
ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
k Ordinance No. 25 -2003
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