HomeMy WebLinkAboutOrdinance No. 20-2012 FailedDID NOT PASS ON FIRST READING 11/20/2012
ORDINANCE NO. 20-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
CANAVERAL, BREVARD COUNTY, FLORIDA; ESTABLISHING NO
FISHING ZONES IN THE CAPE CANAVERAL CODE OF ORDINANCES
FOR CHAPTER 54; PARKS AND RECREATION; ARTICLE I; IN
GENERAL; SEC. 54-6; FISHING; AMENDING ARTICLE VI, CHAPTER 2,
OF THE CITY CODE RELATED TO CODE ENFORCEMENT
CITATIONS; AMENDING THE LIST OF CITY CODE PROVISIONS
ENFORCED THROUGH ISSUANCE OF A CIVIL CITATION TO
INCLUDE CHAPTER 54, PARKS AND RECREATION; ARTICLE I;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION INTO THE
CODE; SEVERABILITY; AND AN EFFECTIVE DATE.
WHEREAS, the City of Cape Canaveral 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, Chapter 162, Florida Statutes, provides that municipalities may designate the
enforcement methods and penalties to be imposed for a violation of its codes and ordinances, and
that such enforcement methods may include, but are not limited to, the issuance of a citation, in
addition to hearings before the code enforcement board; and
WHEREAS, it has been determined by the City Council of the City of Cape Canaveral that
a necessity exists to enact an Ordinance protecting the health, safety, and welfare of the public and
citizens and inhabitants of the City of Cape Canaveral from being hooked by casting of a fishing
pole in confined viewing areas and also for known gathering/feeding areas of "wildlife" such as, but
not limited to, manatees, dolphins, turtles, pelicans, ducks, seagulls, etc. from monofilament fishing
line and hooks that are often discarded after becoming snagged in vegetation within sea grass beds,
and feeding "wildlife" may accidentally swallow the line or get it tangled/hooked around a part of
its body; and
WHEREAS, it is now incumbent upon the City Council of the City of Cape Canaveral to
order no fishing of any kind shall be conducted in any area designated and posted as a "No Fishing"
zone by the City. The term "fishing", as used in this section, shall include any attempt to acquire
marine life, or any acquisition thereof, by use of hook and line, seine, net of any kind, spear, gig,
cage, trap or other device of any kind; and
WHEREAS, appropriate signage is to be installed to announce to and advise the general
public of the general locations of the "No Fishing" zones and the City Manager, or designee, shall
take such other appropriate action as deemed appropriate to advise the public of the existence of the
"No Fishing" zones; and
WHEREAS, said Ordinance states it is unlawful for any person fishing or crabbing in a
public area to leave in the area any fish, crabs, bait, or other refuse or trash; and
WHEREAS, said Ordinance sets a penalty of a Class 1 citation violation per Sec.2-283
established by the City Council of the City of Cape Canaveral; and
WHEREAS, the City Council of the City of Cape Canaveral deems that this Ordinance is 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 and are deemed a material part of this Ordinance.
SECTION 2. Code Amendment. Chapter 54, Parks and Recreation, Article I, In General, of the
Code of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined
type indicates additions and it is intended that the text in Chapter 54 denoted by asterisks and
omitted from this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 54
PARKS AND RECREATION
ARTICLE I
IN GENERAL
Sec. 54-6. 54-7 — 54-25. - Reserved.
Sec. 54-6. — Fishing.
(a) No fishing of any kind shall be conducted in any area designated and posted as a "No
Fishing" zone by the City Manager. The term "fishing", as used in this section, shall
include an attempt to acquire marine life, or any acquisition thereof, by use of hook and
line, seine, net of any kind, spear, gig, cage, trap or other device of any kind.
(b) Appropriate signage is to be installed to announce to and advise theeg neral public of the
general locations of the "No Fishing" zones and the City Manager, or designee, shall take
such other appropriate action as deemed appropriate to advise the public of the existence
of the "No Fishing" zones.
(c) The "No Fishing" zones are to protect the health, safety, and welfare of the public and
citizens and inhabitants of the City of Cqpe Canaveral from being hooked by casting of a
fishing pole in confined viewing areas and also for known gatherinwfeeding areas of
"wildlife" such as, but not limited to, manatees, dolphins, turtles, pelicans, ducks,
seagulls etc. from monofilament fishiniz line and hooks that are often discarded after
City of Cape Canaveral
Ordinance No. 20-2012
Page 2 of 4
becoming snagged in vegetation within sea grass beds, and feeding "wildlife" may
accidentally swallow the line oret�it tangled/hooked around a part of its body.
(d) It is unlawful for any person fishing or crabbing in a public area to leave in the area any
fish, crabs, bait, or other refuse or trash.
(e) Penalty. Class 1 citation per Sec. 2-283.
SECTION 3. Code Amendment. Chapter 2, Administration, of the Code of Ordinances,
City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates additions
and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from this Ordinance
of text existing in Chapter 2. It is intended that the text in Chapter 2 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 2. ADMINISTRATION
ARTICLE VI. CODE ENFORCEMENT
DIVISION 3. CODE ENFORCEMENT CITATIONS
***
Sec. 2-283. Applicable codes and ordinances; class violation.
(a) The following city codes and ordinances may be enforced by civil citation to the
Brevard County Court, and are assigned the violation classification enumerated below:
***
(14) Chapter 54. Parks and Recreation, Article I ... Class I.
***
SECTION 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or prior ordinances and resolutions in
conflict herewith, are hereby repealed to the extent of the conflict.
SECTION 5. 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 6. Severability. If any section, subsection, sentence, clause, phrase, word, or portion 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 7. Effective Date. This Ordinance shall become effective immediately upon its
adoption by the City Council of the City of Cape Canaveral, Florida.
City of Cape Canaveral
Ordinance No. 20-2012
Page 3 of 4
ADOPTED by the City Council of the City of Cape Canaveral, Florida this day of
, 2012.
Rocky Randels, Mayor
ATTEST:
Name For Against
Angela M. Apperson, City Clerk John Bond
Robert Hoog
Buzz Petsos
Rocky Randels
Betty Walsh
Approved as to Form:
Anthony A. Garganese, City Attorney
First Reading: November 20, 2012
Legal ad Published:
Second Reading:
City of Cape Canaveral
Ordinance No. 20-2012
Page 4 of 4