HomeMy WebLinkAboutOrdinance No. 17-2004 1
ORDINANCE NO. 17 -2004
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING THE CITY OF CAPE CANAVERAL
CODE OF ORDINANCES, CHAPTER 26, ELECTIONS;
EXEMPTING THE CITY FROM THE PROVISIONS OF
SECTION 101.657, FLORIDA STATUTES, REGARDING
EARLY VOTING BY CREATING A NEW SECTION 26 -4
ENTITLED "EARLY VOTING EXEMPTION;" 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 Florida Legislature has adopted revisions to section 101.657, Florida
Statutes, requiring supervisors of elections to provide early voting to its electors; and
WHEREAS, the Florida Division of Elections, in an informal opinion to the City Attorney
dated July 23, 2004, authorized that the City may opt out of the provisions of the Florida Election
Code not expressly applicable to municipalities, and specifically, the early voting requirements;
WHEREAS, the City Council finds early voting would impose a financial burden on the City
and that it is in the best interests of the City to opt out of the early voting requirements; and
WHEREAS, the City Council desires to create a new section 26 -4, of the City Code, entitled
"Early Voting Exemption;" 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
Ordinance No 17 -2004
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Section 2. Code Amendment. That Chapter 26, Elections, of the Code of Ordinances, City of
C Cape Canaveral, Florida, are hereby amended as follows: (underlined type indicates additions and
strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of
text existing in Chapter 26. It is intended that the text in Chapter 26 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance).
CHAPTER 26. ELECTIONS
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Sec. 26 -4. Early Voting Exemption.
The City of Cape Canaveral is hereby exempt from the early voting provisions of section
101.657, Florida Statutes. From time to time, the City may contract with the Brevard County
Supervisor of Elections to conduct early voting for the City of Cape Canaveral at the office of the
Supervisor of Elections and any other early voting sites the Supervisor may establish in public
libraries, city halls, or any other facilities approved by the Supervisor. ,
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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
in conflict herewith, are hereby repealed to the extent of the conflict.
C ie 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.
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Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision 4"
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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 5th day of
October, 2004.
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City of Cape Canaveral
Ordinance No. 17 -2004 {
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= . ROCKY RANDELS, Mayor
ATTEST: For Against
Bob Hoog X
Jim Morgan MOTION
' �. - .11102., �, Rocky Randels ABSENT
SUS ' STILLS, City Clerk Richard Treverton X
- V Steve Miller SECOND
First Reading: August 17, 2004
Legal Ad published: September 25, 2004
Second Reading: October 5, 2004
Approv-, . t, legal form and sufficiency for
the C • . , e Canaveral only:
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ANTHONY A. GARGANESE, City Attorney
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City of Cape Canaveral
Ordinance No. 17 -2004
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