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HomeMy WebLinkAboutOrdinance No. 33-1993ORDINANCE NO. 33 -93 EMERGENCY ORDINANCE AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, ENACTING CHAPTER 724 ENTITLED, ADULT DANCING /MODELING FOR MONETARY CONSIDERATION, AS AN EMERGENCY ORDINANCE IN ACCORDANCE WITH ARTICLE XXIV, SECTION 4 OF THE CHARTER OF THE CITY OF CAPE CANAVERAL AND SECTION 166.041(3)(C), FLORIDA STATUTES; CONTAINING LEGISLATIVE FINDINGS; MAKING IT UNLAWFUL FOR PERSONS TO DANCE FOR MONETARY CONSIDERATION IN SEXUALLY EXPLICIT OR REVEALING ATTIRE; PROVIDING FOR A PENALTY; PROVIDING AN EFFECTIVE PERIOD; PROVIDING FOR CUMULATIVE REMEDIES; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Chapter 724 of the City Code of Ordinances entitled, Adult Dancing /Modeling for Monetary Consideration, is hereby enacted as follows: CHAPTER 724 ADULT DANCING /MODELING FOR MONETARY CONSIDERATION Sec. 724.01 Adult Dancing /Modeling for Monetary Consideration. The City Council of the City of Cape Canaveral finds and declares that the City of Cape Canaveral has a compelling interest in the health, safety and welfare of its citizens and environment in preventing dancing for monetary consideration in sexually explicit or revealing attire . The commercial nature of businesses which permit dancing for monetary consideration in sexually explicit or revealing attire has a prejudicial impact on the business and professional life of the City. Sec. 724.03. Prohibition. Dancing /modeling for monetary consideration in sexually explicit or revealing attire is prohibited within the City of Cape Canaveral. Sec. 724.05. Penalty. In addition to any other remedy the City may have at law or at equity to enforce this Ordinance, any person violating the provisions of this Chapter shall be subject to the penalty contained in Section 801.05 of the City Code of Ordinances. Sec. 724.07. Effective Period. This Emergency Ordinance shall be temporarily effective for a period of thirty (30) days from the date of its passage. If this Ordinance is not hereafter passed in the manner provided for the adoption of ordinances which are not emergency ordinances and all time and notice requirements provided in the City Charter and by general law are not complied with within said thirty (30) day period following the passage of this Emergency Ordinance, this Emergency Ordinance shall expire at the end of said thirty (30) day period. Sec. 724.09. Cumulative Remedies. The provisions of this Chapter are cumulative with and in addition to any other provisions of the City Code of Ordinances dealing with the subject matter hereof. City of Cape Canaveral, Florida Ordinance No. 33 -93 Page 2 SECTION 2. Severability. 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 3. Effective Date. This ordinance shall become effective upon its passage and adoption this 21st day of September, 1993. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of September , 1993. o C EMERGENCY ORDINANCE Firzt Reading 9 -21 -93 Posted: 9 -21 -93 '.dvertiSed: N/A Second Reading'. 9 -21 -93 1 Salamone, MAYOR NAME P40 Absent