HomeMy WebLinkAboutOrdinance No. 26-2003 ORDINANCE NO. 26-2003
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AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 54 OF THE CITY CODE
RELATING TO COMMERCIAL SOLICITATION;
PROVIDING FOR THE REGULATION OF COMMERCIAL
SOLICITATION UPON THE CITY'S BEACHES AND
WITHIN CITY PARKS; 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 Florida
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council finds the City's beaches and parks constitute unique natural
resources, providing for recreational experiences based upon the natural environment for residents
and visitors; and
WHEREAS, the City Council further finds these natural resources provide for a tranquil and
high quality form of life associated with beach -front community living and recreation which serve
to attract visitors to the City of Cape Canaveral, as well as, serving to retain existing residents; and
WHEREAS, the City Council finds that commercial solicitation along the City's beaches
or within City parks constitutes a nuisance, by unreasonably interfering with the use and enjoyment
of those public places by residents and visitors, and directly and adversely affects the major industry
of the City, tourism; and
WHEREAS, the government may restrict expression, even in a public forum like a park or
beach, as long as the restrictions on the time, place, and manner of the protected speech are
reasonable and justified without reference to the content of the regulated speech, narrowly tailored
to serve a significant governmental interest, and leave open ample alternative channels for
communication. Frandsen v. Department of Environmental Protection, 829 So. 2d 267 (Fla. 1st
DCA 2002); See also, Daley v. Sarasota, 752 So. 2d 124, 126 (Fla. 2d DCA 2000) (quoting Ward
v. Rock Against Racism, 491 U.S. 781, 791 (1989)); 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.
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City of Cape Canaveral
Ordinance No. 26 -2003
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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. Chapter 54 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 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this
Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance):
CHAPTER 54. PARKS AND RECREATION
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Article I. In General
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Sec. 54 -4. Commercial Solicitation.
No person shall solicit, canvass or merchandise for the sale or rental of merchandise,
services, goods, promotional schemes, advertising programs or property of any kind or character in
the following locations in the City:
1. All of the sand beach areas between the Atlantic Ocean and the City set back line for
beach front lots.
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2. All public parking lots and facilities for beach or park access, including dune
crossovers.
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3. All publicly owned parks.
The words "Solicit" or "Canvass" as used herein shall include any act, delivery or exchange
not initiated by the prospective customer, which directs attention to any business, mercantile or
commercial establishment or enterprise, or any other commercial activity, for the purpose of directly
or indirectly promoting commercial interests through sales, rentals or any exchange of value.
Sec. 54 -3r5 - 54 -25. Reserved.
City of Cape Canaveral
Ordinance No. 26 -2003
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. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
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ordinances and resolutions adopted by the City Council, or parts of prior ordinances and resolutions
1 in conflict herewith, are hereby repealed to the extent of the conflict.
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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
1 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.
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Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2n day of
September, 2003.
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ROCKY RANDELS, Mayor
ATTEST: For Against
kk Bob Hoog X
D fr L, Jim Morgan Second
— - _ '! / Buzz Petsos Motion
SUSAN TILLS, City Clerk Rocky Randels X
_ Richard Treverton X
First Reading: 8/19/03
Legal Ad published: 8/24/03
Second Reading: 9/2/03
Approv as to legal form and sufficiency for
the C y of ape Canaveral only:
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ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No. 26 -2003
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