HomeMy WebLinkAboutOrdinance No. 02-2004 1
1
t
t
ORDINANCE NO. 02-2004
Li' AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 110 OF THE CITY
CODE RELATING TO THE SALE OF FIREWORKS;
PROVIDING FOR A DEFINITION OF `FIREWORKS ";
PROVIDING FOR FIREWORKS SALES AS A f
PERMITTED USE WITHIN THE LIGHT INDUSTRIAL {`
(M -1) ZONING DISTRICT; PROVIDING FOR THE
REPEAL OF PRIOR INCONSISTENT ORDINANCES g
AND RESOLUTIONS, INCORPORATION INTO THE
CODE, SEVERABILITY, AND AN EFFECTIVE DATE.
A '
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of
the State Constitution, to exercise any power for municipal purposes, except when
expressly prohibited by law; and
t
WHEREAS, the City Council finds the sale, display, and storage of fireworks is
inherently hazardous, as evidenced by the U.S. Consumer Products Safety Commission
"2002 Fireworks Annual Report" and Chapter 791, Florida Statutes (2003); and
i
WHEREAS, the County Commission is currently considering an ordinance 1
which will limit fireworks sales, within the unincorporated sections of the County, to the
heavy industrial zoning districts; and
(01 f
}
WHEREAS, the City Council believes this Ordinance is necessary as upon
enactment of the County's ordinance businesses engaged or desiring to engage in the sale
of fireworks will look to locate within municipal commercial districts, unless otherwise
prohibited; and
t
WHEREAS, the proliferation of the sale of fireworks in the City's limited
commercial districts would be a danger and detriment to the community; and
i
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 x
the citizens of Cape Canaveral. x
{
BE IT ORDAINED by the City Council of the City of Cape Canaveral,
Brevard County, Florida as follows: h
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.
i
i
t
City of Cape Canaveral t
Ordinance No. 02 -2004
Page 1 of 3 1
Section 2. Code Amendment. That Chapter 110, entitled Zoning, of the Code of
Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined
type indicates additions and strilkeeut type indicates deletions, while asterisks (* * *)
indicate a deletion from the Ordinance of text existing in Chapter 110. It is intended that
the text in sections Chapter 110 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance).
CHAPTER 110 — ZONING
ARITCLE I. IN GENERAL
Sec. 110 -1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning: r'
* * *
Fireworks means any combustible or explosive composition or substance or
combinations of substances or any article prepared for the purpose of producing a visible
or audible effect by combustion, explosion, deflagration or detonation, as defined by
Section 791.01(4)(a), Florida Statutes, as may be amended. "Fireworks" does not mean
sparklers or novelties, trick noisemakers, toy pistols or other devices in which paper caps
Cie containing twenty -five hundredths grains or less of explosive compound or mixture are
used, as defined by Section 791.01(4)(b) and (c), Florida Statutes.
Fireworks sales facilities means any place or premises used for the sale or other
distribution, whether permanent or seasonal, of Fireworks. The sale of Fireworks shall
only be permitted within the light industrial (M -1) zoning district.
* * *
ARTICLE VII. DISTRICTS
* * *
DIVISION 6. M -1 LIGHT INDUSTRIAL AND RESEARCH AND
DEVELOPMENT DISTRICT
* * *
Sec. 110 -352. Principal uses and structures.
In the M -1 light industrial and research and development district, the following
uses and structures are permitted, provided any use or group of uses that are developed,
either separately or, if developed as a unit with certain site improvements, shared in
common, meet requirements of article IX of this chapter:
* * *
(ire
City of Cape Canaveral
Ordinance No. 02 -2004.
Page 2 of 3 1
I
t
1` `
(9.1 Fireworks sales facilities.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
inconsistent ordinances and resolutions adopted by the City Council, or parts of prior t
ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the i s
conflict.
t.
I
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. f
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.
r
Section 6. Effective Date. This Ordinance shall become effective immediately upon
adoption by the City Council of the City of Cape Canaveral, Florida. r;
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 2 °a
day of Marc}���Q04.,
.�1 LM ,
h
1
C C , r OG
.— , ROCKY RANDELS, Mayor
A'TEST: `' ;
For Against a
Bob Hoog Motion
,� � Steve Miller X
+
SU S, y Cl
r Clerk Jim Morgan Second
i ' � ) Rocky Randels X
Richard Treverton X
First Reading: 02/17/2004
Legal Ad published: 02/10/2004; 02/24/2004
Second Reading: 03/02/2004
Approved as to legal form and sufficiency for
the C' o Cape Canaveral only
;
ANTHONY A. GARGANESE, City Attorney
i
i
(se ,
City of Cape Canaveral fi
Ordinance No. 02 -2004 f
Page 3 of 3