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HomeMy WebLinkAboutOrdinance No. 09-1982MICROFILMED 1,18.83 ORDINANCE NO. 9 -82 AN ORDINANCE REPEALING CHAPTER 653 "SIGN CODE ", AND SUBSTITUTING, THEREFORE, IN ITS ENTIRETY, CHAPTER 653 "SIGN CODE "; ESTABLISHING RULES AND REGULATIONS REGARDING SIGN CONSTRUCTION, SIGN PERMITS AND TYPES OF SIGNS ALLOWED; ESTABLISHING A CODE ENFORCEMENT BOARD; PROVIDE PENALTIES; DETERMINE MEMBERS OF THE CODE ENFORCEMENT BOARD; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED by the City Council of the City of Cape Canaveral, Florida, as follows: SECTION 1. Chapter 653, "Sign Code ", of the City Code of the City of Cape Canaveral, Florida is hereby deleted in its entirety and replaced with the following: CHAPTER 653 SIGN CODE Sec. 653.01 Establishment of. Sign Code. This Chapter shall hereafter be known and cited as the "Sign Code ". Sec. 653.02 Statement of Purpose and Scope. (A) The purpose of this chapter is to create regulations for the design, construction and location of signs that will protect the safety and welfare of the public, eliminate dangerous and unsightly signs and provide for adequate maintenance and inspection of signs without impeding the inherent right of business to advertise and reasonably assist potential customers in locating and identifying any service or facility they may desire to use or any product they may desire to purchase. (B) This chapter is intended to cover all requirements relative to the types, sizes, heights, verbal content, permissible locations, restrictions, permits and licenses, inspections, indemnification, materials of manufacture and /or construction, methods of erection, maintenance, procedure for requesting variances, and penalties for violation of the provisions prescribed herein for all signs placed, installed and /or erected within the limits of the City of Cape Canaveral which are exposed to the out -of -doors view of the public. Sec. 653.03 Administrator. The Building Official shall act as administrator of the provisions of this chapter, acting in lieu of the governing body. As used in this chapter, "administrator" shall include his authorized representative. Sec. 653.04 Definitions. Unless otherwise clearly required by the context, the terms used in this chapter shall have the following meanings; the word "shall" is always mandatory and not merely directory: Attraction Board. Any sign on which the copy may be manually changed from time to time by use of changeable letters or panels. ORD. NO. 9 -82 PAGE 1 OF 12. NJ 1 CROP I LIVED 1.18-83 Awning. Any structure made of cloth or metal with a metal framework attached to a building and projecting over a thoroughfare, so erected as to permit its being raised to a position flat against the building when not in use. Banner Sign. Any sign having the characters, letters, illustrations or ornamentations applied to cloth, paper or fabric. Billboard or Off-Premise Sign. A sign advertising a product or service, including entertainment or candidacy, which product or service is not available for sale or performance at the place where the sign is located. City. The City of Cape Canaveral, Florida. City Council or Council. The City Council of the City of Cape Canaveral, Florida. Erect. Shall suspend or affix, and Exempt Signs. mean to build, construct, attach, hang, place, shall also include the painting of wall signs. Signs exempted from normal permit requirements. Ground Sign. A sign when such sign is supported by uprights or braces in or upon the ground. Marquee Sign. A projecting sign attached to or hung from a marquee or said marquee shall be known to mean a canopy or covered structure projecting from and supported by a building, when such canopy or covered structure extends beyond the building, building line or property line. Non - Combustible Material. Is one which, in the form and thickness in which it is used, meets any of the following requirements: (1) Materials which pass the test procedure for defining non - combustibility of elementary materials set forth in ASTM E136. (2) Materials having a structural base of non- combustible materials as defined in paragraph (1), with a surfacing not more than one - eighth -inch thick .which has a flame - spread rating not greater than fifty (50) when tested in accordance with the method of test for surface burning characteristics of building materials set forth in ASTM E84. Non - Conforming Sign. Any advertising structure or sign which was lawfully erected and maintained prior to such time as it came within the purview of this chapter and any amendments thereto, and which fails to conform to all applicable regulations and restrictions of this chapter, or a non - conforming sign for which a special permit has been issued. Outdoor Advertising Display. Any letter, figure, character, mark, plane, point, marquee, sign, design, poster, pictorial picture, stroke, stripe, line, trademark, reading matter, or illuminated service, which shall be constructed, placed, attached, painted, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for attraction of the public to any place, sub - ject, person, firm, corporation, public performance, article, machine or merchandise, whatsoever, which is displayed in any manner what- soever out -of- doors. Owner. The person owning the fee- simple title to the property upon which a sign is located for which a permit is required. Permittee. The person in possession or having the beneficial use of property upon which a sign is located for which a permit is required. Person. Shall mean and include any person, firm, partner- ship, assoion, corporation, company or other legal entity. ORD. NO. 9 -82 PAGE 2 OF 12. I 1 MICROFILMED 1 -18.83 Portable and /or Mobile Signs. Signs that may be hauled or towed from one location to another, are self- supporting and, when placed, are not permanently attached to the ground or a building. Projecting Sign. A sign which is affixed to any building wall or structure and extends beyond the building wall, structure, building line or property line more than twelve (12) inches. Registered Engineer. An engineer registered in the State of Florida who is in good standing with the Florida State Board of Engineering Examiners. Roof Sign. Any sign erected upon, against or directly above a roof or on top of or above the parapet of a building. Shopping Center. A building with two (2) or more businesses used for the display or sale of merchandise. Sign. Shall mean and include every display, billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, temporary sign, marquee, awning and street clock, and shall include any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any person when the same is placed out -of -doors in view of the general public. Sign Erector or Contractor. Any person engaged in the construction, reconstruction or erection of any sign requiring structural framework and support, or using electric power, or re- quiring a scaffold for erection or application. Sign Writer or Painter. Any person engaged in the painting or application of signs on windows, doors, walls, awnings or elsewhere, when such signs require no structural framework or electric power. Snipe Sign. A small sign of any material including, but not limited to paper, cardboard, wood or metal attached to any object and having no application to the premises where located. Wall Sign. A sign that is affixed to the wall of any building, when such sign shall project not more than twelve (12) inches from the building. Sec. 653.05 Application. The following signs are excluded from the operation of this Chapter unless hereinafter noted. (A) Signs painted on the exterior surface of buildings. (B) Decals affixed to or signs painted on store fronts, store equipment, canopies, fuel pumps, or other types of vending equipment used for dispensing retail products. (C) Signs wholly within a building. (D) Memorial signs, tablets, or placques, or names of buildings and date of erection when the same are cut into any masonry surface or when constructed of bronze or other incombustible material. (E) Professional name plates not exceeding three (3) square feet in area. (F) Bulletin boards not over eight (8) square feet in area for public charitable or religious institutions when the same are located on the premises of such institutions, and one (1) identifica- tion sign not exceeding ten (10) square feet. ORD. NO. 9 -82 PAGE 3 OF 12. MICROF #LME 1 -18 -83 (G) Signs noting the architect, engineer or contractors when placed upon work under construction, provided such signs shall be removed within thirty (30) days of Certificate of Occupancy. (H) Occupational signs denoting only the name and profession of an occupant in a commercial building, public institutional building or dwelling house, placed flat against the exterior surface of the building and not exceeding three (3) square feet in area, except in Residential Single Family and Duplex where the size shall be one (1) square foot. (I) Directional signs to historical or geographical points of interest which are maintanined or operated as commercial attractions or enterprises. (J) Traffic or other municipal signs, legal notices, danger signs and temporary emergency or nonadvertising signs. (K) Signs securely affixed to and parallel with exterior surface of a building which do not extend more than eight (8) inches from the building. (L) Signs consisting of an arrangement of a group of single cut -out letters when securely fastened to a building or structural part of building. Sec. 653.07 Restrictions on Signs in All Use Zones. (A) Single Family District Regulations. No sign of any type shall be allowed in any R -1, Single Family District of the City of Cape Canaveral, except the following: (1) Signs of the types set forth in §653.05 sub - paragrahs 3 through 10 inclusive, and one (1) sign limited in size to five (5) square feet advertising property for sale or rent. Said sign shall- met -be- - e.earer- theft - twenty- {2-9 } - feet - treat- the- eurb- er- paved- - street- llee -em- beck- impreved- and- tniApreved -lets- *be on the property for sale or rent. (B) Signs on Right -of -Way Prohibited. Except for signs which are the property of the State of Florida or of the City of Cape Canaveral or which warn of a temporary physical danger in the vicinity, no sign shall be erected, posted, painted, tacked, nailed, or otherwise placed or located on or above any road right -of -way or property of the City of Cape Canaveral, §653.05 notwithstanding. All signs in violation of this subsection will be immediately re- moved by the City at the owner's expense. (C) Off - Premises Signs and Signs on Vacant Land Generally Prohibited. (1) No off-premises signs or signs on vacant land shall be erected, posted, painted, tacked, nailed or otherwise placed or located anywhere in the City of Cape Canaveral. An off - premises sign is defined as a sign not related to the subject matter of the use of the premises on which the sign is located. This prohibition shall not apply to real estate or political signs. A real estate sign shall be any sign used solely for the sale or lease of property on which the sign is located. A political sign shall be any sign used solely to present information sug- gesting a candidate's suitability for elected public office. (2) Political signs shall not be erected prior to the candidate qualifying for office and shall be removed within five (5) days following the election in which his name appears. *There shall be deposited with the City Treasurer a fifty dollar ($50.00) fee before any political signs are permitted to be constructed. If such signs are not removed within the five day period, then the City shall take the fifty dollars ($50.00) as its fee for having the signs torn down. If the signs are removed within five days, then the fifty dollars ($50.00) shall be returned to the registered campaign treasurer. No signs shall be permitted without the fifty dollar ($50.00) deposit being paid to the City Treasurer. ORD. NO. 9 -82 * AMENDED ON SECOND READING. PAGE 4 OF 12. MICROFILMED 1.18-83 (3) A real estate sign shall not exceed six (6) square feet in size. A political sign shall not exceed thirty -two (32) or be less than five (5) square feet in size. No cardboard or paper shall be used in the con - struction of any sign except as a paper face if it rests entirely on a one -half inch or thicker wood backing and is securely attached to the backing by an adhesive over the entire surface. (4) All signs in violation of paragraph (1), (2) and (3) above that are erected after the effective date of this ordinance shall be removed immediately at the owner's expense. (5) Off - premise signs and signs on vacant property which exist on the effective date of this ordinance shall remain until they are removed or fall into disrepair, but in no case longer than -ti €teen -iI5* *years . A sign is in *ten (10) disrepair when so determined by the City Building Inspector at his discretion. When a sign is so determined to be in a state of disrepair, the City shall so notify the sign owner and property owner of the existing condition; and if the sign owner or property owner fails or refuses to comply, the City may remove said sign with all costs to be borne by the sign owner or property owner. The pro- cedure to be followed by the City upon determination that a sign is in a state of disrepair shall be the same as the procedure established in Chapter XXII of the City Charter relating to "Abatement of Nuisances ". (6) No new billboards shall be erected in the City of Cape Canaveral, Florida. Any new billboards erected in violation of this paragraph shall be removed within 48 hours of notice to the sign owner and property owner. If the sign owner or property owner fails to remove said sign, the City shall do so at the sign owner's or the property owner's expense. (7) Temporary off premise signs are those signs on property other than where the business or activity is located. There shall be a limit of one (1) sign per business or activity erecting a temporary off premise sign. (1) Signs may be erected only by the following: (a) A housing project or subdivision within the City of Cape Canaveral consisting of ten (10) or more residential units. (b) Any new business opening within the City of Cape Canaveral. (2) Any such sign is limited in size to fifty (50) square feet per face and may be double- faced. It shall be constructed of sturdy materials as approved by the Building Official. There shall be no illumination of any sort provided specifically for the sign. (3) The signs may be erected thirty (30) days prior to opening a new business and shall be removed no later than sixty (60) days after opening, or housing construction has stopped. (4) Signs may be placed in the following zones with limits as indicated. T -1 Zone on Astronaut Boulevard, 75 feet . from the right of way, maximum height, 15 feet. C -1 Zone on Astronaut Boulevard, 75 feet from the right of way, maximum height, 15 feet. *Amended on. Second Reading ORD. NO. 9-82 PAGE 5 OF 12. MICROFILMED 1 -18 -83 C -1 Zone on Old. State Road 401, 10 feet from the right -of -way, maximum height, 8 feet. C -2 Zone on Astronaut Boulevard, no signs of this type permitted. C -2 Zone on Old State Road 401, 10 feet from the right -of -way, maximum height, 8 feet. M -3 Zone on Old State Road 401, 10 feet from the right -of -way, maximum height, 8 feet If these zones are changes by a subsequent zoning change, then the boundaries as defined by the Zoning Ordinance in effect at the time of adoption of this Code Chapter shall transfer to the new zones in the exact locations as they presently are regardless of the changed zone classification. (5). The written consent of the property owner must accompany each application for sign permit. The agent for an owner will verify in writing the authority to execute a consent form. (D) Flashing Signs Prohibited. Any sign which contains or uses lights or lighting device or devices which flash or alternate, is prohibited. (E) Portable Signs Prohibited. Any sign which is mobile and not securely and permanently attached to the ground or a building is prohibited. *Size Limit (F) Sign - Height- timited: No sign shall be supported so that the uppermost edge is more than thirty (30) feet above the ground. This limitation shall not apply to any sign on the face of any building. Existing signs are excluded from the operation of this provision until they fall into a state of disrepair or are moved or altered. *[Any sign which is not attached to a building shall not exceed 150 square feet on its largest front.] (G) It is the expressed legislative intent of the City Council that there shall be a prohibition, without any exceptions, against the use of any portion of a street, sidewalk, alley, right - of -way, or public thoroughfare for the display of merchandise for sale, or the location of portable or movable signs or stands to advertise or draw attention to the business of any person, or the parking of vehicles or other type of contrivance which are in and of themselves unique and unusual and are parked for the purpose of attracting attention to the person's place of business, or the park- ing of vehicles or other types of contrivances to which there is attached a sign advertising the business of or product sold by the business of any person, firm or corporation or designed to attract attention thereto, provided, however that the foregoing prohibition against the use of the streets for the parking of vehicles is not intended to prohibit the bonafide parking of any vehicle used primarily by the owner thereof for the purpose of transportation., notwithstanding that such vehicle may have painted upon the ex- terior surface the owner's name or address or business slogan or trademark or other emblem which identifies the vehicles' owner or business in a manner consistent with that customarily found on commercial vehicles or vehicles used for commercial purposes. Sec. 653.08 Conformance. All signs or other advertising structures erected within the limits of the City shall conform to the provisions of this chapter. Every sign or other advertising structure lawfully permitted at the time of adoption of this chapter, which violates or does not conform to the provisions hereof, shall be removed or altered or replaced so as to conform with this chapter within - fifteen- -E15 }- years. *ten (10) *Amended on Second Reading ORD. NO. 9 -82 PAGE 6 OF 12. M ICROFI LIED 1 -18 -83 Sec. 653.09 Permits and Inspections. (A) Permits Required. (1) General. Except as otherwise provided in the provisions of this chapter, it shall be unlawful for any person to paint, erect, construct, enlarge, move or make structural alterations to any sign within the. City or cause the same to be done without first obtaining a sign permit for each such sign from the Building Official as required by this chapter. These directives shall not be construed to require any permit for a change of copy on a sign, nor for the repainting, cleaning and other normal maintenance or repair of a sign or structure for which a permit has previously been issued, so long as the signor sign structure is not modified in any way. No new permit is required for signs which have permits and which conform with the requirements of this chapter on the date of its adoption. A new permit shall be required for any sign when the structural configuration or electrical components are altered or when the sign is relocated. (2) Application for Erection Permit. Application for erection permit shall be made upon blanks provided by the Building Inspector and shall contain or have attached thereto the following information: (a) Name, address and telephone number of the applicant. (b) Whether applicant is "owner" or "lessee" and, if latter, show authority of owner. (c) Location of building, structure, or lot to which or upon which the sign or other advertising structure is to be attached or erected. (d) Plot plan showing position of the signor other advertising structure in relation to nearby buildings or structures. (e) Two blueprints or ink drawings of the plans and specifications and method of construction and attachment to the building or in the ground. (f) Name of person, firm, corporation or association erecting structure. (g) Any electrical permit required and issued for said sign. (h) Such other information as the Building Inspector shall require to show full compliance with this and all other laws and regulations of the City. (3) Issuance of Permit. When an application for a permit for the erection, alteration or relocation of a sign has been properly made and the sign complies with the provisions of this chapter and all other applicable ordinances and regulations of the City, the Building Official shall issue the requested permit. A separate electrical permit shall be required for any sign containing electrical components to be connected to an electrical energy source. If the work authorized under an erection permit has not been completed within six (6) months after date of issuance, the said permit shall become null and void. ORD. NO. 9 -82 PAGE 7 OF 12. M ICRCFI LMED 1.18 -83 (4) Revocation of Permit. The Building Official is hereby authorized and empowered to revoke any permit issued by him for failure of the permittee to comply with any of the provisions of this chapter. Such revocation shall be in writing and shall show cause for the revocation notice. (5) Permit Fees. Permit Fees for the erection, alteration, or relocation of a sign exclusive of any costs for an electrical permit shall be as follows: (a) For issuing a permit, the fee shall be ten dollars ($10.00). (b) In addition, the inspection fee shall be calculated at fifty cents ($0.50) per square foot of sign area. This calculation shall be based on the largest sign area, in the case of sign of more than one face. (c) If a reinspection is required, an additional five dollars ($5.00) will be charged. (d) If any person commences any work before obtaining the necessary permit, the fee shall be doubled. (6) Permits for Temporary Signs. Permits for temporary signs shall be issued for a period not exceeding thirty (30) days. (B) Inspections. Signs for which .permits have been issued shall be inspected during and at completion of construction, annually after erection and at such times as deemed necessary by the Building Official. Authority for and time of such inspections shall be as follows: (1) Inspection by Building Official. The Building Official is hereby empowered to enter or inspect any building, structure or premises in the City upon which, or in connection with which a sign, as defined by this chapter, is located, for the purpose of inspection of the sign, its structural details and electrical connections, and to ensure compliance with the provisions of this chapter. Such inspections shall be carried out during business hours, unless an emergency exists. (2) Construction Inspections. The person constructing, erecting or relocating a sign for which a permit is required shall notify the Building Official at all stages of construction that require inspection and approval by the City Engineering Department. The requirements for such inspections are as follows: (a) A footing inspection for all detached signs shall be required. (b) A final structural inspection shall be required at completion of the work on all types of signs. ORD. NO. 9 -82 PAGE 8 OF 12. M IDROFI LIED 1.18.83 (c) A final electrical inspection shall be required on all signs containing electrical components and wiring to be connected to an electrical energy source. (3) Annual Inspection. Each sign that required a permit for erection shall be inspected annually by the Building Official to ascertain whether the sign is being maintained in a safe condition and whether it is in need of maintenance or removal. When the inspection reveals repair or maintenance is needed, the owner shall be notified in writing. The owner shall have ten (10) days to make said repairs or remove the sign. If this order is . not complied with, the Building Official may remove the sign and a lien may be filed against the property for said expense incurred in removel of the sign. Sec. 653.10 Identification of Signs. Every outdoor advertising display sign hereinafter erected, constructed or main- tained, for which a permit is required, shall be plainly marked with the name of the person, firm or corporation erecting and maintaining such sign and shall have affixed on the front thereof the permit number issued for said sign by the Building Official. Sec. 653.15 Wind Pressure and Dead Load Requirements. All signs and other advertising structures shall be designed and constructed to withstand a wind velocity as set forth in the Southern Standard Building Code, as amended, and shall be constructed to receive dead loads as required by the said Southern Stand rd Building Code, as amended, or other Codes of the City of Cape Canaveral, Florida. Sec. 653.16 Obstruction to Doors, Windows or Fire Escapes. No sign shall be erected, relocated or maintained so as to prevent free ingress to or egress from any door or fire escape. No sign of any kind shall be attached to a stand pipe or fire escape. Sec. 653.17 Abandoned Signs and Hazardous Signs. (A) Abandoned Signs. It shall be unlawful for any permittee or owner of a sign to fail or refuse to remove any sign, after ten (10) days of the service of written notice from the Building Official to so do, which advertises a business or product which has not been conducted or sold at the premises where the sign is located for more than six (6) consecutive months prior to the date of said notice from the Building Official. If the order to remove is not complied with, the Building Official may remove the sign and alien may be filed against the property for said expense incurred in removal of the sign. (B) Hazardous Signs. The Building Official shall refuse to issue a permit for any sign which will constitute a hazard and a potential menace to the safety of the public and may require the removal of any sign which is not properly maintained or which other- wise shows signs of neglect or which is or will become unsafe and constitute a hazard to the safety of the public. It shall be unlawful for any permittee or owner to continue to display any sign that constitutes a hazard after forty -eight (48) hours from the time of notice by the Building Official requesting the removal of such sign, unless within that time, the permittee or owner shall have filed with the Building Official notice of his intention to appeal his decision to the Board of Adjustment. Any such sign displayed more than forty -eight (48) hours after notice to remove said sign may be removed by the City at the expense of the permittee or owner unless the matter be pending on appeal to the Board of Adjustment or un- less the decision of the Building Official has been reversed by the Board of Adjustment. (C) Signs Not To Constitute Traffic Hazard. No sign or other advertising structure as regulated by this chapter shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape or color, it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device; or which makes use of any word or words commonly used on traffic control signs or signals. ORD. NO. 9 -82 PAGE 9 OF 12. MICROFILMED 1 -18 -83 Sec. 653.18 Sign Lighting. Gooseneck reflectors, spot- lights, floodlights and other lights shall be permitted on ground signs, roof signs and wall signs, provided, however, the reflectors shall be provided with proper glass lenses concentrating the illumination upon the area of the sign so as to prevent glare upon the street or adjacent property. Sec. 653.19 Temporary On Premise Signs. Temporary signs as used in this chapter are defined as signs constructed of cloth, canvas, light fabric, cardboard, wallboard, plywood or other light materials, with or without frames, intended to be displayed for a short period of time only. (A) General Regulations. No sign of any character shall be suspended across any public street, avenue or alley; nor shall any sign of any description be painted, pasted, printed or nailed on any curb or sidewalk or upon any trees, light standards, utility poles, hydrants, bridges, or any structures, other than awnings, within the property lines of any street, avenue or alley within the limits of the City of Cape Canaveral, except with the permission of the City Council; nor shall any sign of any kind be attached to any private wall, window, door, gate, fence or to any other private structure except with the written permission of the owner or lessee and as restricted otherwise in this chapter. (B) These signs may be erected thirty (30) days prior to opening a new business and shall be removed no later than sixty (60) days after opening, or housing construction has stopped. Signs for other specific events shall be removed within seven (7) days after the conclusion of same. Sec. 653.20 Marquees. (A) Marquee as regulated by this chapter shall include any hood or awning of permanent construction projected from the wall of a building above the entrance and extending over a thoroughfare. (B) In addition to the General Regulations, the following shall apply to marquees. (1) All marquees including the anchors, bolts, support rods and braces thereof, shall be designed by a registered engineer and shall be properly guttered and connected by down spout to a sewer so that the water therefrom will not drip or flow on the public property, and the roof thereof shall be used for no other purposes than to form and constitute a roof. *more than twenty (20) feet from the exterior of the building (2) No marquees shall be permitted to extend - - the -.p. - two -(ate- eet- incidd� -- aka ,.,,l. -1- ems- - closest to the road, but in no event shall come closer than ten (10) feet from the prop -. (3) Marquees shall be supported solely to the erty line. building to which they are attached, and no columns or posts shall be permitted as support thereof. The roof of any marquee shall be designed and constructed to support a live load of not less than one hundred (100) pounds per square foot, except that this provision shall not apply to awnings. No marquee shall be erected on any building of wooden frame construction unless attached to the masonry, concrete or steel supports of the building. (4) Signs attached to or hung from a marquee shall be completely within the border line of the marquee outer edge. Sec. 653.21 Awnings and Canopies. (A) Awning shall include any structure made of fire resistant cloth, metal or plastic with a metal frame attached to a building and projecting over a sidewalk or thoroughfare when the same is so erected as to permit its being raised or lowered to a position flat against the building when not in use. A canopy shall include *,Amended on Second Reading. ORD. NO. 9 -82 PAGE 10 OF 12. M 9ECROFI LMED 1-18-83 any structure, other than an awning, made of fire resistant cloth, plastic or metal with metal frames attached to a building, pro- jecting over a thoroughfare or sidewalk and carried by a frame supported by the ground or sidewalk. (B) The General Regulations shall be modified for awnings and canopies as follows: (1) Canopies and awnings may be constructed of fire resistant cloth, metal or plastic, but all frames and supports shall be of metal. (2) No canopy shall exceed ten (10) feet in width, but there is no limitation on the width of awning. All such awnings or portions of such awnings and canopies shall be not less than seven (7) feet above the level of the sidewalk, and shall not extend beyond a point two (2) feet inside the curb line. (3) Every awning shall be securely attached to and supported by the building, and posts or columns beyond the building line shall not be permitted. When such building is less than ten (10) feet from public property, no awning shall be attached to the wood jams, frames or other wood members of the building. Sec. 653.22 Penalty for Violations. Any person who knowingly violates or fails to comply with any of the provisions of this chapter, or the erector, owner or user of an unlawful sign, or the owner of the property on which an unlawful sign is located shall be guilty of a misdemeanor of the second degree and upon conviction thereof shall be punished as provided in Florida Statutes, Sections 775.082 and 775.083. Every day any violation of any provision, subsection or section of this chapter shall continue or be omitted, if required and neglected, shall constitute a separate offense, and subject such violator to a separate fine or imprisonment, or both, for such separate offense. In addition to the provisions for criminal penalties provided herein, any violation of the provisions of this chapter shall be subject to enforcement by the City of Cape Canaveral Enforcement Board hereby established pursuant to Florida Statutes, Chapter 166, Part II, according to the procedures legally established for such Board and subject to the penalties provided by Florida Statutes, Chapter 166, Part II. The members of the Code Enforcement Board shall be appointed by Resolution. Sec. 653.25 Separability. If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions thereof. Sec. 653.26 Securities, Bond or Insurance. (A) Bond. The owner or person in control of a sign, awning, marquee or banner of any kind whatsoever, suspended over or extending into any public right -of -way more than one (1) foot beyond the property line, shall execute a bond in the sum of Five Thousand Dollars ($5,000.00) with sureties approved by the City Attorney, indemnifying the City against all loss, cost, damage or expenses incurred or sustained by, or judgments recovered against the City, or by any of its officers, employees, appointees or servants, by reason of the construction or maintenance. ORD. NO. 9 -82 PAGE 11 OF 12. MICROFILMED 1 -18 -83 (B) Insurance. In lieu of the bond required in subsection (A) above, the owner or person in control of a sign, awning, marquee or banner of any kind suspended or extending into the public right -of -way beyond one (1) foot of the property line, may substitute therefor a Public Liability and Property Damage Insurance Policy by any insurance company authorized to do business in the State of Florida, in the same amount and with the same conditions as required by subsection (A.) above. SECTION 2. All sections of the Code in conflict herewith, are hereby repealed. SECTION 3. This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 1st day of June , 1982. AO roved as to Form: fikit-P,77 First Reading 5 -4 -82 Posted: 5 -4 -82 Advertised: 5-10-82 Second Reading: 6-1-82 ORD. NO. 9 -82 PAGE 12 OF 12.