HomeMy WebLinkAboutOrdinance No. 14-1972F-
[1c Ro FLLFED 3.14-80
ORDINANCE NO. 14 -72 (AS AMENDED)
AN ORDINANCE RELATING TO THE PROTECTION OF THE DUNE AREA;
SETTING FORTH AUTHORITY, PURPOSE AND RELATED REGULATION;
DEFINING TERMS; PROHIBITING SOIL REMOVAL FROM DUNE AREA;
PROTECTING CERTAIN VEGETATION IN DUNE AREA; PROVIDING FOR
REMEDY FOR PRESENT DAMAGE; AUTHORIZING PENALTY OF FINE OR
IMPRISONMENT OR BOTH FOR VIOLATION OF ORDINANCE; PROVIDING
AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CAPE CANAVERAL, FLORIDA, AS FOLLOWS:
SECTION 1. SHORT TITLE. THIS ORDINANCE IS DESIGNATED
ORDINANCE NO. 14 -72, AND SHALL BE KNOWN AS THE P"CITY OF CAPE
CANAVERAL DUNE PROTECTION ORDINANCE."
SECTION 2. AUTHORITY. THIS ORDINANCE IS ADOPTED PURSUANT
TO SECTIONS 167.005, 167.05, FLORIDA STATUTES AND ARTICLE I,
SECTION 3; ARTICLE II, SECTION 1, PARAGRAPHS 9, 26, 28, 40, 41 AND 61,
CITY OF CAPE CANAVERAL, FLORIDA CHARTER.
SECTION 3. PURPOSE. THE PURPOSE OF THIS ORDINANCE IS TO
REPAIR AND PROTECT THE NATURAL BARRIERS WHICH SHIELD INLAND AREAS
FROM THE RAVAGES OF STORMS. ITS PURPOSE IS ALSO TO PROTECT THE
BEACHES AND SHORES OF THE CITY FROM EROSION. THE MOST PERMANENT
AND EFFECTIVE MEANS OF EFFECTING THESE PURPOSES IS TO PRESERVE
THE NATURAL VEGETATIVE COVER WHICH BINDS THE SAND FORMING THE NATURAL
BARRIERS OR DUNES. IN THAT THE MOST CRITICAL VEGETATION, THE DUNE
GRASS, IS MOST VULNERABLE TO TRAMPLING, TRAFFIC ACROSS IT MUST BE
CAREFULLY CONTROLLED.
SECTION 4. RELATED REGULATION AND TECHNICAL REFERENCE.
THE FOLLOWING FLORIDA STATUTES ARE RELATED TO, BUT NOT CONTROLLING
ON THIS ORDINANCE: SECTION 161.052, COASTAL CONSTRUCTION AND EX-
CAVATION; REGULATION; SECTION 370.041, HARVESTING OF SEA OATS AND
SEA GRAPES PROHIBITED. ALSO RELATED IS CITY OF CAPE CANAVERAL
RESOLUTION 72 -29, BUILDING PLANS ON LOTS FRONTING THE ATLANTIC
COASTLINE TO BE APPROVED BY FLORIDA DEPARTMENT OF NATURAL RESOURCES.
THE FOLLOWING TECHNICAL PUBLICATIONS ARE APPROPRIATE REFERENCE:
"DUNE FORMATION AND STABILIZATION BY VEGETATION AND PLANTINGS" -
ARMY CORPS OF ENGINEERS, COASTAL ENGINEERING RESEARCH CENTER,
PAGE 1 OF3
MICRO-FILMED 344-80
9.,
TECHNICAL MEMORANDUM NO. 101; "DUNE STABILIZATION WITH VEGETATION
ON THE OUTER BANKS OF NORTH CAROLINA," - ARMY CORPS OF ENGINEERS,
COASTAL ENGINEERING RESEARCH CENTER, TECHNICAL MEMORANDUM NO. 22;
"CREATION AND STABILIZATION OF COASTAL BARRIER DUNES," - ARMY CORPS
OF ENGINEERS, COASTAL ENGINEERING RESEARCH CENTER, REPRINT 3 -69;
"DESIGN WITH NATURE," - IAN L. MCHARG, THE NATURAL HISTORY PRESS,
GARDEN CITY, NEW YORK, 1969.
SECTION 5. DEFINITIONS.
DUNE AREA - "DUNE AREA" AS USED IN THIS ORDINANCE IS DEFINED TO
MEAN "ANY LAND WITHIN FIFTY (50) FEET OF THE BLUFF LINE AT ANY
RIPARIAN COASTAL LOCATION FRONTING THE ATLANTIC COAST SHORELINE.
BLUFF LINE - "BLUFF LINE" AS USED IN THIS ORDINANCE IS DEFINED
TO MEAN "THE LINE DETERMINED BY THOSE POINTS LOCATED ON THE EASTERN-
MOST EDGE OF THE ELEVATED, VEGETATED BANK WHICH IS COMMONLY FOUND
ADJACENT TO THE ATLANTIC COAST MEAN HIGH WATER LINE; IRRESPECTIVE
OF WHETHER SAID BANK MAY NOT BE ELEVATED AND VEGETATED AT SOME POINTS.
SECTION 6. NATURAL BARRIERS PROTECTED. IT IS UNLAWFUL
FOR ANY PURPOSE TO REMOVE ANY SOIL FROM, OR LOWER THE ELEVATION
AT ANY POINT WITHIN THE DUNE AREA.
SECTION 7. VEGETATION PROTECTED. IT IS UNLAWFUL FOR ANY
PURPOSE TO CUT, REMOVE, OR ERADICATE ANY OF THE VEGETATION UNIOLA
PANICULATA, COMMONLY KNOWN AS SEA OATS, OR COCCOLOBIS UVIFERA,
COMMONLY KNOWN AS SEA GRAPES, OR AMMOPHILA BREVILIGULATA, COMMONLY
KNOWN AS AMERICAN BEACHGRASS, OR ANY NATURAL SPECIES HAVING AN
EXTENSIVE RHIZOME SYSTEM AND STIFF STEMS AND LEAVES, FROM THE DUNE AREA.
SECTION 8. PRESENT DESTRUCTION TO BE REMEDIED. AT ANY
LOCATION IN THE DUNE AREA WHERE THE ACTS ENUMERATED IN SECTIONS 6
AND 7 OF THIS ORDINANCE HAVE OCCURRED, WHETHER BY MAN OR BY NATURE,
THE DAMAGE SHALL BE REPAIRED BY SUITABLE MEANS. (SEE SECTION 4
REFERENCES). IT SHALL BE UNLAWFUL TO HINDER OR INTERFERE WITH ANY
REPAIR OPERATIONS OR STRUCTURES.
SECTION 9. PENALTY FOR VIOLATION OF ORDINANCE. ANY PERSON,
FIRM, OR CORPORATION VIOLATING ANY OF THE PROVISIONS OF THIS ORDINANCE
SHALL BE FINED NOT MORE THAN ONE HUNDRED ($100.00) DOLLARS OR SHALL
BE IMPRISONED FOR NOT MORE THAN TEN (10) DAYS, OR BOTH, FOR EACH
VIOLATION.
SECTION 10. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY
OR 14-72
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MICROFILMED 3.14-80
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 19TH DAY OF SEPT
ER, 1972.
M OR
APPROVED.-' S TO FORM:
CITY ATTORNEY
SPONS1'ING COUNCILMAN
FIRST READING: SEPTEMBER 5, 1972
SECOND READING: SEPTEMBER 19, 1972
POSTED: SEPTEMBER 8, 1972
AMENDED ON SECOND READING.
d
OR 14-72
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