HomeMy WebLinkAboutOrdinance No. 21-2012ORDINANCE NO. 21-2012
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA;
AMENDING ARTICLE VI, DIVISION 3, 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 94, ARTICLE I,
SECTION 94-6 - PROHIBITED SIGNS AND FEATURES;
MAKING CONFORMING AMENDMENTS TO CHAPTER
94, SIGNS; 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, through the enactment of this Ordinance, the City Council desires to preserve
and improve the quality of urban life and aesthetics within the City of Cape Canaveral. See
Members of the City Council v. Taxpayers for Vincent, 466 U.S. 789 (1984); Metromedia, Inc. v.
City of San Diego, 453 U.S. 490 (1981); and
WHEREAS, the City Council fmds that the regulation of signage within the City of Cape
Canaveral, as provided herein, is unrelated to viewpoint and the content of any message, and will
further the City's legitimate and substantial government interest in minimizing sight pollution and
traffic and safety hazards to persons and property; and
WHEREAS, aesthetic interests are a legitimate basis for regulating signs. See, e.g., Lake
Wales v. Lamar Advertising Ass'n of Lakeland, 414 So. 2d 1030 (Fla.); Messer v. City of
Douglasville, Ga., 975 F. 2d 1505 (11' Cir. 1992); and
WHEREAS, this 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.
City of Cape Canaveral
Ordinance No. 21-2012
Page 1 of 4
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. Chapter 2 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) Section 94-6. Prohibited Signs and Features ... Class I.
SECTION 3. Chapter 94 Code Amendment. Chapter 94, Signs, 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 94. It is intended that the text in Chapter 984 denoted by the asterisks and
set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of
this Ordinance):
CHAPTER 94. SIGNS
ARTICLE I. IN GENERAL
City of Cape Canaveral
Ordinance No. 21-2012
Page 2 of 4
Sec. 94-5. - Penalty for violation.
(a) Any person who knowingly violates or fails to comply with any of the sections of this
chapter or any erector, owner or user of an unlawful sign or any owner of the property on which
an unlawful sign is located, shall, upon conviction, be punished as provided in section 1-15.
(b) In addition to the criminal penalties provided in this section, any violation of this chapter
shall be subject to enforcement by Divisions 2 or 3, Article VI, Chapter 2 of this Code seetionz-
penalties pr-evided by F.S. eh. 16 .
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 the 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.
ADOPTED by the City Council of the City of Cape Canaveral, Florida this 18th day of
December, 2012.
Rocky Randels, Mayor
ATTEST:
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AngeK M. AppqrsorLluity Clerk
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Name For Against
John Bond X
Robert Hoog X
Buzz Petsos motion
Rocky Randels X
Betty Walsh Second
City of Cape Canaveral
Ordinance No. 21-2012
Page 3 of 4
First Reading: November 20, 2012
Legal Ad Published: November 29, 2012
Second Reading: December 18, 2012
Approved as to Form:
Anthony A. Garganese, City Attorney
City of Cape Canaveral
Ordinance No. 21-2012
Page 4 of 4