HomeMy WebLinkAboutOrdinance No. 21-2004 ORDINANCE NO. 21 -2004
(I; AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CODE CHAPTER 54 ENTITLED
PARKS AND RECREATION; PROVIDING FOR REVISED
PARK OPERATING HOURS RELATING TO MANATEE
SANCTUARY PARK; PROVIDING FOR THE REPEAL OF
PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS, INCORPORATION INTO THE CODE,
SEVERABILITY, AND 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 Council in recognition of seasonal changes desires to amend the times
in which Manatee Sanctuary Park may be used by the public to more accurately reflect the intentions
of the City; 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.
Section 2. Code Amendment. That Chapter 54 entitled Parks and Recreation of the Code of
Ordinances, City of Cape Canaveral, Florida, are hereby amended as follows: (underlined type
indicates additions and stnkeout type indicates deletions, while asterisks (* * *) indicate a deletion
from the 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
ARTICLE I. IN GENERAL
* * *
City of Cape Canaveral
Ordinance No. 21 -2004
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Sec. 54 -2. Park hours.
Except for city approved scheduled park activities, all city parks, tY PP p ty p ks, except for Manatee
Sanctuary Park shall be closed during the hours of 9:00 p.m. to 7:00 a.m. Manatee Sanctuary Park
shall be closed from forty -five minutes after sunset until 7:00 a.m. the following morning, unless the
City authorizes different park hours. The use of any parks during closed hours by an individual or
organization shall be expressly prohibited. Any person who knowingly violates any provision of this
section shall, upon conviction, be punished according to law and shall be subject to a fine not
exceeding the sum of $500.00 or imprisonment in the county jail for a period not exceeding 60 days,
or both such fine and imprisonment.
* * *
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.
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.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption
by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No 21 -2004
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ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 16 day of
November, 2004.
CP,-..,0 C 1
ROCKY RANDELS, Mayor
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ATTEST:
For Against
Bob Hoog Second
t ° Steve Miller Absent
` Jim Morgan
Absent
Rocky Randels X
SUSAN TILLS, City C erk Richard Treverton Motion
First Reading: October 19, 2004
Legal Ad published: November 6, 2004
Second Reading: November 16, 2004
Approve. s to legal form and sufficiency for
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the C/ of ■ ape Canaveral only:
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THONY A. GARGANESE, City Attorney
C: City Manager
Recreation Dept.
Finance Dept.
Sheriff
i Code Enforcement
City Attorney
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City of Cape Canaveral
ri:.,- Ordinance No. f
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