HomeMy WebLinkAboutOrdinance No. 13-2012ORDINANCE NO. 13-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, BREVARD COUNTY, FLORIDA,
AMENDING ARTICLE IX OF CHAPTER 110, ZONING, OF
THE CAPE CANAVERAL CODE OF ORDINANCES TO
PROHIBIT DONATION BINS WITHIN THE CITY;
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, large dumpster-like donation bins for clothing and other tangible personal
property are oftentimes located on various properties throughout the City; and
WHEREAS, currently, the City's Code of Ordinances does not regulate said donation bins
as to their location or purpose; and
WHEREAS, the City Council believes that these donation bins create an aesthetic blight on
the community and are inconsistent with the City's long-term vision; and
WHEREAS, given the unsightly appearance of the donation bins and the haphazard locating
of the bins on various commercial and vacant properties, oftentimes in plain view of the City's main
thoroughfares, the City Council desires to prohibit donation bins from locating on any property
within 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 110, Zoning, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions and
Ott type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance of
City of Cape Canaveral
Ordinance No. 13-2012
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text existing in Chapter 110. It is intended that the text in 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
ARTICLE IX. SUPPLEMENTARY DISTRICT REGULATIONS
DIVISION 1. GENERALLY
Sec. 110-490. Reserved. Donation bins prohibited.
It shall be unlawful to deposit, store, keep or maintain or to permit to be deposited, stored,
kept or maintained, a donation bin in or on any lot, parcel or tract of land in any zoning district. As
used in this section, "donation bin" shall mean any unattended container, receptacle or similar device
that is located on any property within the City used for the solicitation, collection and storage of
donations of clothing or other salvageable personal property. This term does not include recycle bins
for the collection of recyclable materials.
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. 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.
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. 13-2012
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ADOPTED by;the City'Council of the City of Cape Canaveral, Florida, this 1 th day of
September-~,.
2012..
"• `•^ Rocky Randels* ayor
ATTEST:
ANG A' PSR ON,.oty Clerk
First Reading: August 21 , 2012
Legal Ad published: p„Q„ st '10, 7012
Second Reading: Se. . 18T 2012
Approved egal form and sufficiency
for the Ci of pe Canaveral only by:
ANTHONY A. GARGANESE, City Attorney
For Against
John Bond Second
Bob Hoog X
Buzz Petsos Motion
Rocky Randels X
Betty Walsh X
City of Cape Canaveral
Ordinance No. 13-2012
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