HomeMy WebLinkAboutOrdinance No. 18-1973MICROi- LMIED 3 -14 -80
ORDINANCE NO. 18 -73
AN ORDINANCE REGULATING THE USE OF MOTOR VEHICLES BY
PROHIBITING THEIR USE FOR TRAVEL ON LAND OTHER THAN
STREETS OR HIGHWAYS WITHOUT THE CONSENT OF THE LANDOWNER;
PROVIDING A PENALTY FOR VIOLATION; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, THE MOVEMENT OF MOTOR VEHICULAR TRAFFIC ON LAND OTHER
THAN STREETS AND HIGHWAYS WITHIN THE CITY OF CAPE CANAVERAL IS NOW UN-
REGULATED, AND
WHEREAS, SAID MOVEMENT RESULTS IN THE DESTRUCTION OF NATURAL
i • GROUND VEGETATION, ALLOWING LOOSE SOIL TO BE CARRIED ABOUT THE CITY, AND
WHEREAS, SAID MOVEMENT PRESENTS A DANGER TO OTHERS ON THE LAND, ANE
WHEREAS, SAID MOVEMENT DISTURBS THE NATURAL HABITAT OF BIRDS AND
ANIMALS, AND
WHEREAS, THE INHERENT NOISE OF CERTAIN CLASSES OF MOTOR VEHICLES
WHEN ENGAGED IN SAID MOVEMENT DETRACTS SUBSTANTIALLY FROM THE PEACE, TRANQU-
ILITY AND QUALITY OF LIFE IN THE ENVIRONMENT,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AS FOLLOWS:
SECTION 1. USE OF MOTOR VEHICLES OFF STREETS AND HIGHWAYS
REGULATED. NO PERSON SHALL USE A MOTOR VEHICLE FOR TRAVEL ON LAND OTHER
THAN STREETS OR_ HIGHWAYS. "MOTOR VEHICLE" AND "STREET OR. HIGHWAY" SHALL BE
AS DEFINED IN CHAPTER 316, FLORIDA STATUTES. CONSENT OF THE LAND OWNER, HIS
AGENT, OR TENANT MAY BE USED AS A DEFENSE. BY ANY PERSON CHARGEP UNDER THIS
ORDINANCE BUT THE BURDEN OF PROOF IN SUCH DEFENSE BY COMPETENT EVIDENCE SHAL1
BE UPON THE PERSON 50 CHARGED.
SECTION 2. PENALTY. IT IS UNLAWFUL TO VIOLATE ANY PROVISION OF
THIS ORDINANCE. A VIOLATION OF ANY`: PROVISION OF THIS ORDINANCE SHALL BE
PUNISHED AS PROVIDED IN § 316.026, FLORIDA STATUTES.
SECTION 3. THIS ORDINANCE SHALL BECOME EFFECTIVE IMMEDIATELY
UPON ADOPTION.
ADOPTED THIS 5TH DAY OF JUNE 173 BY THE CITY COUNCIL OF THE
CITY OF C AVERAL, FLORIDA
: flOQ-Ark '
MA
CITY ATTORN
SPONSORING COUNCILMAN
FIRST READING: MAY 15, 1973
POSTED: MAY 16, 1973
SECOND READING: JUNE 5, 1973