Loading...
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