HomeMy WebLinkAboutOrdinance No. 29-2003 ORDINANCE NO. 29 -2003
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 74 OF THE CITY CODE
RELATING TO PENALTIES FOR PARKING VIOLATIONS;
PROVIDING FOR THE COORDINATION OF THE CITY'S
PENALTIES FOR PARKING VIOLATION WITH THE
REQUIREMENTS OF THE FLORIDA STATUTES;
PROVIDING FOR THE REPEAL OF PRIOR CONFLICTING
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 § 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 has adopted Sections 316.194 and 316.1945, Florida Statutes, for the
regulation of vehicles which are stopped, standing or parked within the City limits; and
WHEREAS, Sections 316.194 (4) and 316.1945(4), Florida Statutes, provide violations
under such section shall be noncriminal traffic infractions, punishable as provided in Chapter 318,
Florida Statutes; and
WHEREAS, Section 318.18, Florida Statutes provides that the penalty for a nonmoving
violations is to be $30.00; and
WHEREAS, the City Council desires to update its Code of Ordinances to be consistent with
the adopted provisions of the Florida Statutes; 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 reference as
legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
City of Cape Canaveral
C Ordinance No. 29 -2003
Page 1 of 3
3
{
Section 2. Code Amendment. That Section 74 -57, entitled Penalties, of the Code of
Cw' Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows: (underlined type
indicates additions and stiikwut type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Section 74 -57. It is intended that the text in Sections 74 -57
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language
existing prior to adoption of this Ordinance).
Sec. 74 -57. Penalties.
Any person violating this article shall be punished in accordance with the schedule as
follows:
Violation Penalty
(1) Parked in excess of authorized $ 25.00 30.00
time
(2) Parked in no parking zone 25:.00 30.00
(3) Parked in loading zone 25.00 30.00
(4) Parked in reserved zone without 25.00 30.00
permit
(5) Parked irregularly (extending over 25.00 30.00
boundary)
(6) Parked in handicapped space 100.00
(7) Parked double or obstructing 25.00 30.00
traffic
(8) Parked on sidewalk 25.00 30.00
(9) Parked on ocean dunes 100.00
(10) Parked in fire lane 25.00 30.00
(11) Other 25700 30.00
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.
City of Cape Canaveral
Ordinance No. 29 -2003
Page 2 of 3
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
1 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 16th day of
September, 2003.
ROCKY RANDELS, Mayor
ATTEST. For Against
Bob Hoog Second
Jim Morgan Motion
" • Buzz Petsos X
SUS' `' ` I'IL , City Clerk Rocky Randels X
Richard Treverton Absent
First Reading: September 2, 2003
Legal Ad published: September 6, 2003
Second Reading: September 16, 2003
3
Approved as to legal form and sufficiency for
the C v of .pe Canaveral only:
ANTHONY A. GARGANESE, City Attorney
F: \Docs \City of Cape Canaveral\Ordinances\ Parking _Violation_Fine_Update.wpd
City of Cape Canaveral
( Ordinance No. 29 -2003
Page 3 of 3