HomeMy WebLinkAboutOrdinance No. 15-2011 ORDINANCE NO. 15 -2011
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING ARTICLE III OF CHAPTER 10 REGULATING
THE PERMITTING OF OUTDOOR ENTERTAINMENT
EVENTS; PROVIDING AN EXEMPTION FOR CITY
ORGANIZED EVENTS; PROVIDING THAT THE CITY
COUNCIL MAY CONTRACT FOR CERTAIN SPECIAL
EVENTS AND VARY OR WAIVE PROVISIONS OF THE
CODE TO PROMOTE ECONOMIC DEVELOPMENT OR
CULTURAL EVENTS; 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 Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council recently adopted a revised and updated comprehensive
application and permitting process for outdoor entertainment events conducted in the City of Cape
Canaveral; and
WHEREAS, the City Council, in furtherance of encouraging the efficient and streamlined
planning and production of City organized outdoor entertainment events, desires to exempt City
organized events from the City's application and permitting requirements; and
tt
WHEREAS, the City Council desires to provide a degree of flexibility in permitting outdoor
entertainment events that promote economic development or provide a cultural attraction or event
in 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 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 10, Amusements and Entertainment, of the Code
of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type
City of Cape Canaveral
Ordinance No. 15 -2011
Page l of 3
9
indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion
from this Ordinance of text existing in Chapter 10. It is intended that the text in Chapter 10 denoted
by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
CHAPTER 10. AMUSEMENTS AND ENTERTAINMENT
ARTICLE III. OUTDOOR ENTERTAINMENT EVENTS
DIVISION 1. GENERALLY
Sec. 10 -46. General Provisions.
* **
'x I
City organized events. City organized events shall not be subject to the permitting
requirements of this article.
t �
Outdoor entertainment event agreements. The city may contract with parties seeking
to conduct outdoor entertainment events that promote economic development within the City
or provide a cultural attraction or event for residents and visitors of the City. Through the
negotiation of any such contract, the City Council may vary or waive certain terms and
conditions of this ordinance in furtherance of promoting economic development and/or the
cultural attraction or event.
S ec. 10 - 47. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
* **
City organized events shall mean any outdoor entertainment event planned and conducted
by the city. City organized events include, but are not limited to, Friday Fest, Movies in the Park,
Fall Festival /Chili Cook Off, Monster Mash Halloween Party, Racquetball Tournaments, Healthy
1 Kids Fair, Reindeer 5K Run/Walk, Spring Festival, Egg Hunt, and Back to School Jamboree.
* **
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. 15 -2011
Page 2 of 3
i
i
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. Grammatical, typographical, and like
errors may be corrected and additions, alterations, and omissions, not affecting the construction or
meaning of this ordinance and the City Code may be freely made.
i
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
1
adoption by the City Council of the City of Cape Canaveral, Florida.
1 ADOPTED by tr & City Council of the City of Cape Canaveral, Florida, this 20th day of
December, 201 1. COCV. Q �((�
Rocky Rand Mayor
_. - �!� 1.
ATTEST: For Against
., John Bond Second
1 Ang a Apperson, t Clerk B Hoog X
Buzz Petsos x
Rocky Randels X
1
Betty Walsh Motion
3
I
First Reading: November 15, 2011
Legal Ad published: November 18, 2011
Second Reading: December 20, 2011
Approved as to legal form and sufficiency
for the ej o ' Cape Canaveral only by
..11t.
I
Anthony A. Garganese, City Attorney
J
3
s City of Cape Canaveral
Ordinance No. 15 -2011
Page 3 of 3