HomeMy WebLinkAboutOrdinance No. 12-19961
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ORDINANCE NO. 12-96
AN ORDINANCE OF '1'H.E CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 38, ARTICLE II, FIRE
PREVENTION CODE, BY THE ADDITION OF SECTION 38 -33,
PRIVATE ENTRY GATES, AND SECTION 38 -34, CONFORMANCE;
SETTING FORTH THE CRITERIA FOR THE ALLOWANCE OF
PRIVATE ENTRY GATES WITHIN THE CITY; PROVIDING FOR
AMORTIZATION OF EXISTING PRIVATE ENTRY GATES WITHIN
THE CITY; PROVIDING FOR REPEAL OF CONFLICTING
ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILTTY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED, by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
SECTION 1. Section 38 -33, Private Entry Gates, is hereby added to the Code of
Ordinances of the City of Cape Canaveral, Florida in Chapter 38, Article II, as follows:
Sec. 38 -33. Private Entry Gates.
Private entry gates shall be permitted within the City as long as they meet the following:
(1) The gates do not interfere with the twenty (20) feet of unobstructed access which
is required under the Fire Prevention Code.
(2) The private entry gates shall be siren activated for emergency vehicles.
(3) Private entry gates shall provide for access by public vehicles during non -
emergency operations.
(4) Private entry gates shall provide for emergency vehicle access during periods of
power outages without delay. Private entry gates shall open when power fails and
remain open until power is restored.
SECTION 2. Section 38 -34, Conformance, is hereby added to the Code of Ordinances of
the City of Cape Canaveral, Florida, in Chapter 38, Article II, as follows:
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City of Cape Canaveral
Ordinance No. 12 -96
Page 2
Sec. 38-34. Conformance.
All private gates erected within the city limits shall conform to this Chapter. Every private
entry gate lawfully permitted at the time of the adoption of this Chapter, which violates or
does not conform to this Chapter, shall be removed, or altered, or replaced, so as to
conform with this Chapter within one (1) year from the effective date of this Ordinance.
SECTION 3. Any ordinance, or parts of an ordinance, in conflict herewith are repealed.
SECTION 4. If any section, paragraph, phrase, or word of this Ordinance is held to be
unconstitutional or invalid, such portion shall not affect the remaining portions hereof, and it
shall be construed to have been a legislative intent to pass this Ordinance without such
unconstitutional or invalid part.
SECTION 5. This Ordinance shall take effect immediately upon its adoption.
ADOPTED U e City Council of the City of Cape Canaveral, Florida, this 6th day of
AugustJ1996.
Sandra O. Sims, diDi' CLERK
Kohn Bennett, CITY ATTORNEY
Motion made by
Leo Nicholas
NAME
BRUNS
NICHOLAS
PETSOS
PORTER
FOR
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RANDELS X
secondedby Buzz Petsos
AGAINST
First Reading: July 16, 1996
Posted: July 3, 1996
Published: July 19, 1996
Second Reading: August 6, 1996