HomeMy WebLinkAboutOrdinance No. 07-2014 ORDINANCE NO.07-2014
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 54, PARKS AND
RECREATION, OF THE CODE OF ORDINANCES; PROVIDING
A DEFINITION OF CITY PARKS; PROVIDING PROCEDURES
FOR THE NAMING OF CITY PARKS; PROVIDING RULES AND
REGULATIONS FOR CITY PARKS; AUTHORIZING THE CITY
COUNCIL TO AWARD CERTAIN FRANCHISES FOR SURF,
PADDLEBOARD AND KAYAK INSTRUCTION BY
COMPETITIVE BID PURSUANT TO CERTAIN
REQUIREMENTS AND RESTRICTIONS; PROVIDING FOR
THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND
RESOLUTIONS; INCORPORATION INTO THE CODE;
SEVERABILITY;AND AN EFFECTIVE DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution,to exercise any power for municipal purposes,except when expressly prohibited by law;
WHEREAS, the overall goal of the Recreation and Open Space Element of the City's
Comprehensive Plan is to assure that citizens of all ages who reside in Cape Canaveral are provided with
a system of facilities and programs to meet their needs for active and passive recreation; see Goal R-1,
Recreation and Open Space Element,City of Cape Canaveral Comprehensive Plan;
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WHEREAS, the City Council desires to establish and maintain a consistent approach and
procedure to naming City parks and recreational facilities;
WHEREAS,the City desires to adopt rules and regulations to provide for the safe enjoyment of
the City's parks and recreational facilities;
WHEREAS, at the time the City of Cape Canaveral was incorporated in 1963, its City Charter
provided that the use of the ocean beach for public recreational purposes was paramount to its use for any
other purpose;see Ch.63-1197,Article II,§ 1(9),Laws of Fla.;
WHEREAS, consistent with this Charter provision, the City has traditionally restricted any
commercial activities from occurring on its beaches;
WHEREAS, the City has permitted limited commercial vending activities on its beaches in an
effort to enhance and improve the experience of beach-goers since approximately 2010;
WHEREAS,the safety,welfare and convenience of the persons who reside near the beaches and
riverfront parks of the City of Cape Canaveral and of the public who recreate on the beaches and
riverfront parks are of the utmost importance to the City and to the City Council;
WHEREAS,it is the intent of this Ordinance to allow additional limited commercial recreational
activities at City beaches and riverfront parks provided such activities do not adversely affect the safety,
welfare and convenience of persons who reside near beaches and riverfront parks, and of the public who
recreate at the beaches and riverfront parks;
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Ordinance No. 07-2014
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WHEREAS, the City Council desires to permit limited commercial recreational beach and
riverfront park activities by franchise agreement pursuant to the conditions and limitations set forth
herein;and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
NOW, THEREFORE, THE CITY OF CAPE CANAVERAL HEREBY ORDAINS AS
FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference as
legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2.Amendment to Chapter 54. Chapter 54, Parks and Recreation,of the Code of Ordinances,City
of Cape Canaveral, Florida,is hereby amended as follows (underlined type indicates additions and stfikeettt
type indicates deletions, while asterisks (***) indicate a deletion from this Ordinance of text existing in
Chapter 54. It is intended that the text in Chapter 54 denoted by the asterisks and set forth in this Ordinance
shall remain unchanged from the language existing prior to adoption of this Ordinance):
Sec. 54-1. Class ^ ntainers prohibitea Definition of City Park.
"City Park" means land owned or maintained by the City of Cape Canaveral and which is designated as a
public park or public recreational area by the City's Comprehensive Plan (Recreation and Open Space
Element),by a resolution adopted by the city council, or by dedication that has been accepted by the city
council. Included in the definition of the term "City Park" are the city's special use facilities and all
natural resources, wildlife, facilities, improvements, waters and materials in, on or under the lands so
designated.
Sec.54-2. Procedures for Naming of City Parks.Perky-haun
Except for city approved scheduled park activities, all city parks, except for Manatee
Sanctuary Park, shall be closed during the hours of 9:00 p.m. to 7:00 a.m. Manatee Sanctuary
Park shall be closed from 15 minutes after sunset until 7:00 a.m. the following morning, unless
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f Intent and Purpose; Findings. The intent and purpose of this section is to establish a
uniform method and procedure to assist the city council in naming certain City Parks. The city council
hereby finds that the authority to name City Parks is solely vested in the city council. Nothing herein
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shall be construed as a delegation of any authority to name a City Park to any other person or entity. The
naming of City Parks shall be determined in the sole and absolute discretion of the city council.
(b) Generally. The naming of a City Park shall be determined by the city council either (i)
based on its own initiative, (ii) upon a recommendation by the director of leisure services, (iii) upon the
request of any person or entity desiring to assist the city council in determining the name of any City
Park, or(iv) as part of city council approval of a new land development project which consists of a new
City Park pursuant to the city's land development regulations.The director of leisure services may make a
recommendation to the city council based on the director's own initiative, or as part of an assistance
petition as set forth below.
Naming Guidelines. When considering the naming of any City Park, the director of
leisure services and city council shall consider the following naming attributes:
1. Recognized geographic names;
2. Natural historic features;
3. Significant historic contributions to the city, State of Florida,or United States;
4. Significant material or financial contributions to the city;
5. Persons of historic service to the city;
6. Persons of outstanding civic service to the city;and
7. Documented community support for the name.
(d) Other Factors. When considering the naming of any City Park, the director of leisure
services and city council shall also consider the following other factors:
1. The cost that the naming or renaming will have on the city or any other person who is or could
be materially affected by the name or name change;
2. Naming proposals that promote alcohol and tobacco products or political organizations will
not be considered;
3. Preference shall be given to names of long established local usage and names that lend dignity
to the park or recreational facility to be named;
4. Persons currently serving on the city council or serving as an existing city employee shall not
be considered;
5. Names selected shall be of enduring,honorable fame,not notoriety and shall be commensurate
with the significance of the City Park;
6. Names with connotations which by contemporary community standards are derogatory or
offensive shall not be considered;
7. Proliferation of the same name for different City Parks shall be avoided;
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8. Proliferation of multiple names for different parts of a particular City Park shall be avoided;
and
9. If the name is an individual person, whether the individual has ever been convicted of a
felony.
(e) Assistance Petitions. Any person or entity wishing to assist the city council in
determining the name of a City Park shall submit an assistance petition to the director of leisure services
for evaluation and a recommendation by the director. The petition shall be in writing and shall
demonstrate the basis on which the petitioner believes the naming request satisfies the naming guidelines
and other factors set forth in subsections (c) and (d) and demonstrate that requisite minimum community
support has been obtained by the petitioner pursuant to subsection (f). Upon receipt of duly submitted
assistance petition, the director shall make a recommendation to the city council either for approval or
disapproval of the assistance petition.
(f) Minimum Community Supportfor Assistance Petitions. Each assistance petition submitted
to the director pursuant to subsection (e) shall be accompanied by petition signatures that demonstrate
minimum community support. Minimum community support is demonstrated if an assistance petition is
signed by at least five percent (5%) of the residents of Cape Canaveral based on the last officially
reported population statistics maintained by the city.
No assistance petition shall be processed by the city manager unless said petition has the minimum
number of signatures required by this subsection.
Sec.54-3. Reserved. .
public parks within the City of Cape Canaveral including campfires and bonfires.
* * *
Sec.54-5. Commercial beach vendor franchises.
(b) Award of franchise. All franchises granted hereunder shall be awarded by the city council through
the submission and consideration of competitive bids pursuant to all applicable laws and policies.
Franchises shall not exceed a term of three ycara five years with an optional one year renewal
provided both parties agree and no more than two franchises shall be in effect at any given time. A
map of the approved franchise area will be provided to the franchisee and a copy kept by the director
of leisure services. In considering any bids submitted for a franchise under this section, the city
council shall consider the following criteria in addition to any criteria included in the bid
specifications:
* * *
Secs. 54 6 54 25. Reserved
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Sec.54-6. Commercial recreational franchises.
(a) Authority. The city council may enter into franchise agreements granting the right, privilege and
franchise to use the sand beach areas and riverfront parks within the city's jurisdictional
boundaries to provide individual or group surfing, paddleboarding or kayaking instruction to the
public. Said franchise agreements shall be for the purpose of a particular person or entity
operating a commercial surf, paddleboard, or kayak business in the city in conformity with, and
subject to, all provisions, terms and conditions of section 54-5, except as explicitly set forth
below in subsection (b). A person's or entity's right to use the city's beaches and riverfront parks
for the franchise purposes stated herein shall not be exclusive and the city reserves the right to
grant the use of its beaches and riverfront parks to any person at any time during the period of any
franchise awarded pursuant to this article.
(b) Notwithstanding that all provisions, terms and conditions of section 54-5 shall apply to all
franchises granted pursuant to this section 54-6,the following additional provisions shall apply to
all franchises for surf,paddleboard or kayak instruction franchises:
(1) Individual or group surf, paddleboard, or kayak lessons may be held at the city's beaches or
riverfront parks,as authorized by the city manager or city manager's designee.
(2) Franchisee shall provide the city with a detailed description of the scope of its proposed surf,
paddleboard or kayak operation, including but not limited to a description of the services to
be rendered, number and description of equipment or other apparatus used to provide the
service,name of employee,and the proposed price of all services.
(3) Food and beverage liability insurance is not required for franchises authorized pursuant to
this section 54-6. All other insurance requirements set forth in section 54-5 shall apply to
franchises authorized pursuant to this section.
(4) Surf instruction is only authorized between the hours of 8:00 a.m. and 5 p.m.daily.
(5) Paddleboard or kayak instruction held at a riverfront park is authorized only during the park's
posted operating hours.
(6) The franchisee must display prices for all services rendered.
Sec.54-7.Hours of operation and general use of City Parks.
(a) All City Parks shall be closed during the evening time period from dusk (sunset) to dawn
(sunrise) unless otherwise provided for herein. Signs stating park hours shall be posted
prominently in each City Park.
(b) Programs or events sponsored or approved by the city, or for which the city has issued a
permit, shall be permitted to use the City Park during such program or event for the period of
time approved by the city.
(c) The city council by resolution or the city manager by administrative rule may adopt more
restrictive or extended hours for any particular City Park on a case-by-case basis if legitimate
circumstances warrant hours of operation different than those set forth in subparagraph (a) of this
section.
(d) The city council or the city manager may close any City Park as deemed appropriate in the
event of an emergency or an imminent threat to the public health,safety or welfare.
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(e) Persons using any City Park do so at their own risk.
(f) Adults are responsible for children who they bring to a City Park or who are otherwise under
their care,custody or control.
Sec. 54-8.—Traffic.
(a) The State Uniform Traffic Control Laws, chapter 316, Florida Statutes, are incorporated by
reference and made part of this article and shall apply to the operation of all motor vehicles, as
defined in chapter 316, on streets and roads in all City Park(s), unless modified herein. Law
enforcement officers and city employees are hereby authorized to direct traffic whenever
necessary within the City Park(s).
(b) It is unlawful to operate, drive or park any motor vehicle or other vehicle upon any road,
driveway,path,trail,parking area,or other area within a City Park except when the area has been
marked, permitted or approved for such activity or activities either by permanent signage or
markings or when permitted by the city in the course of a public event or activity.
(c) It is unlawful to cause any vehicle for hire to stand upon any part of a City Park for the
purpose of soliciting passengers.
(d) Pursuant to Section 316.008(1)(e), Florida Statutes, which authorizes the city to establish
speed limits on city streets in public parks, it is unlawful to drive a vehicle at a rate of speed
exceeding ten miles per hour in any City Park unless the city has posted a greater speed limit.
(e) It is unlawful to enter or exit from any City Park in any vehicle except at entrances and exits
designated for such purpose by the city.
(f) It is unlawful to leave a vehicle standing or parked in established parking areas or elsewhere
in a City Park during hours when the City Park is closed.
Sec.54-9.-Pollution and litter.
(a) It is unlawful to throw or place or cause to be thrown or placed, any litter, dirt, filth, or
foreign matter into the waters of any ocean, lake, pond, canal, pool, river, creek, inlet, tank or
reservoir in any City Park or on the grounds of any City Park.
(b) It is unlawful to cause any pollutant, as defined in section 206.9925 or section 376.031,
Florida Statutes,to be placed in or to otherwise pollute the lands or waters of a City Park.
Sec.54-10.-Removal of natural resources. •
(a) It is unlawful to remove any beach sand, whether submerged or not, any soil, rock, stones,
plants, trees, shrubs, wood, flora, fauna or their materials from the City Park unless issued a
general or specific permit to do so by the city for the purposes of educational activities or good
husbandry.
(b) It is unlawful to cause or make any excavation by tools, equipment,blasting or other means
or agency at a City Park unless issued a general or specific permit to do so by the city for the
purposes of educational activities or good husbandry.
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(c) Subsections (a) and (b) do not apply to city or Brevard County workers or authorized
contractors performing maintenance and upkeep of the City Parks at the direction or consent of
the city.
Sec.54-11.-Fireworks; destructive devices;weapons; other potentially dangerous uses.
(a) It is unlawful to carry, fire or discharge any explosive, or weapon as those terms are defined
in section 790.001, Florida Statutes, or any fireworks, as defined in section 791.01, Florida
Statutes, of any description in a City Park. However,the city council hereby expressly recognizes
the state law preemption of firearms and ammunition pursuant to Section 790.33,Florida Statutes,
and therefore,this section shall not apply in any respects to firearms and ammunition.
(b) The city may authorize or issue permits for fireworks displays for city sponsored events and
activities.
(c) It is unlawful to carry, fire or use rockets and radio controlled planes, boats, cars and
helicopters at a City Park unless such uses are specifically authorized or permitted by the city.
Sec.54-12.-Hunting/wildlife preservation and conservation.
(a) It is unlawful to harass,hunt, catch,harm,kill,trap,shoot, shine lights at or throw missiles at
any animal, of any type or species, in any City Park. Exception to the foregoing is made in that
snakes known to be deadly poisonous may be killed on sight in self-defense.
(b) It is unlawful to use nets to catch fish in any publicly owned body of water or within any City
Park.
(c) It is unlawful to catch fish for commerce within any City Park,unless otherwise permitted.
(d) It is unlawful for a person to remove or have in his or her possession any wild animal,of any
type or species,or the eggs or nest of young reptile or bird which is or was located in a City Park.
(e) It is unlawful to introduce into or leave any wild animal in a City Park.
(fl Unless direct water access is designated by city signage, or a special permit is issued, the
launching of kayaks,boats or any other watercraft is prohibited in City Parks.
(g) The city may issue permits to allow activities and actions that are otherwise contrary to the
provisions of this section if the city determines that the activities and actions will be
accomplished for management, scientific or husbandry purposes and are consistent with the
public interest.
Sec.54-13.-Domestic and other animals.
(a) It is unlawful to allow any pet or domestic animal, as defined in section 585.001 or section
823.041, Florida Statutes, under a person's care, custody or control into any City Park unless the
rules promulgated by the city with regard to the particular City Park specifically authorizes such
animals to be present and, in the event of such rules being promulgated, a person may act in
accordance with such rules.
(b) It is unlawful to abandon any domestic animal, as defined in section 585.01 or section
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823.041,Florida Statutes,into or at a City Park.
(c) It is unlawful to feed any animal at a City Park unless the rules promulgated by the city,or a
permit issued by the city, with regard to the particular City Park or specific activity specifically
authorizes the feeding of animals.
(d) The rights of persons to use service animals (e.g. dog guides) in accordance with the
provisions of section 413.08, Florida Statutes, shall not be violated or abridged by application of
the provisions of this section.
Sec.54-14.-Alcoholic beverages/tobacco products; Gambling.
(a) It is unlawful for a person to possess or consume any alcoholic beverage or beverages, as
defined in section 856.015 or section 561.01, Florida Statutes, in any City Park unless authorized
or permitted by the city for a particular event occurring in a City Park.
(b) It is unlawful for a person to consume any tobacco product in any City Park in an area that is
posted or noticed as a"non-smoking/tobacco free" area or if instructed by a city employee that an
area has been designated as a "non-smoking/tobacco free" area due to its particular usage such as
playing fields and areas reserved for children.
(c) It is unlawful to engage in any gambling activity or game of chance, as generally described
by various names pursuant to chapter 849, Florida Statutes, or be in possession of any gambling
device, as defined in section 849.231,Florida Statutes,in any City Park unless authorized by law
and approved in advance by the city.
Sec.54-15.-Trespass.
(a) It is unlawful for a person to enter or remain in a City Park without a permit when a City
Park is closed.
Sb) It is unlawful for a person to enter or remain in a City Park when that person's right to
use the City Park has been suspended by the city pursuant to Section 54-25 of this article.
(c) It is unlawful for a person to enter or remain in any secure or locked area or building in a
City Park that is not intended to be open to the public.
(d) It is unlawful for a person to enter or remain in a City Park when ordered to leave the
City Park by any law enforcement officer or city or Brevard County employee who has been
authorized to communicate an order to leave a City Park.
(e) It is unlawful for a person to enter or remain in a City Park when that person is prohibited
by law or court order to be in a City Park.
(f) Any person violating the provisions of this section shall be subject to the civil penalties
provided under this article and criminal penalties provided by applicable trespass laws including,
but not limited to,section 810.09,Florida Statutes.
Sec.54-16.-Fires.
It is unlawful to ignite, set or maintain any fire in a City Park unless such fire is within an area
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designated by the city for fires by signage and postings displayed at the City Park. Included in
this prohibition are activities such as the use of portable cooking equipment of whatever type or
nature. Any fire authorized by this section shall be continuously under the care and direction of a
competent person from the time it is ignited until it is extinguished.
Sec.54-17.—Sleeping and camping.
The provisions of section 50-4 of the city code shall apply to sleeping and camping in all City
Parks.
Sec. 54-18.-Noise and other conduct.
(a) It is unlawful to play any musical instrument or audio amplification system or engage in any
activity in such a manner as creates a nuisance or disturbance in a City Park.
(b) It is unlawful to use abusive, threatening, offensive,profane, obscene or foul language or
engage in any disorderly conduct or behavior tending to breach the public peace in any City Park.
(c) It is unlawful to use golf clubs within a City Park unless the City Park is designated and
authorized for use as a city public golf course,putting green or driving range.Otherwise,the open
possession of a golf club with intent to use it within a City Park shall be rebuttably presumed to
be a violation of this section.
(d) It is unlawful to take into, carry through, or put into any City Park, any rubbish, refuse,
garbage or other waste("waste"). Such waste shall be deposited in receptacles so provided by the
city. Where receptacles are not provided,all such waste shall be carried away from the City Park
by the person responsible for its presence and properly disposed of elsewhere.
(e) It is unlawful to urinate or defecate, or otherwise dispose of human waste, in a City Park
except in a designated portable or permanent restroom.
Sec.54-19.-Peddling/distribution of materials.
It is unlawful to engage in any commercial activity for any consideration within a City Park
without being authorized or permitted by the city. The following activities shall not be prohibited
"commercial activity"pursuant to this section:
(a)The sale of merchandise by the city or commercial activity pursuant to a contract between the
city and a vendor that provides goods or services to the patrons of the City Park.
(b) Solicitation and collection of funds or the sale of merchandise or printed material by groups
and organizations for the benefit of any charitable institution or organization as defined in
501(c)(3) of the Internal Revenue Code of the United States or for the benefit of programs and/or
projects sponsored by the city; provided,however, any solicitation and collection requiring tents,
tables, or any other facility to be installed, erected or parked at the City Park shall require prior
authorization and permit from the city.
(c) The solicitation of membership or the collection of dues from members of a group or
organization that inure to the benefit of that organization,in accordance with a program or league
registered with the city to use the City Park where the solicitation or collection occurs.
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(d) Contact between a salesperson and an individual, group or organization using the City Park
where the salesperson was invited by the individual,group or organization involved for his or her
or its benefit and not to involve persons not associated with the individual, group,or organization.
Sec.54-20.-Injuring,interfering with,etc.,buildings and other property.
It is unlawful to mark, deface, disfigure, injure, tamper with, displace or remove any building,
bridge, table,bench, fireplace, railing,paving or paving material, waterline or other public utility
or part or appurtenance thereof, sign,notice,or placard monument, stake,post,or other structure,
equipment or any facilities, property or appurtenances whatsoever, whether temporary or
permanent,located at a City Park.
Sec.54-21.-Interference with personnel/park operations.
(a) It is unlawful to interfere with, hinder, or oppose any law enforcement officer or city or
Brevard County personnel in the discharge of his or her duties or with the enforcement of this
article.
(b) It is unlawful to interfere with the operations of a City Park by gathering in groups that are
not engaged in bona fide recreational activities consistent with the facilities of the City Park and
any permit issued by the city.
Sec.54-22.—Glass Containers.
The use of glass containers of any kind in any City Park is prohibited unless such use is in an area
where the use of glass containers has been authorized by the city.
Sec.54-23.—Airsoft and Paintball Guns; BB Guns.
The use of airsoft (plastic pellets) guns, paintball guns, paintball markers, and paintball
equipment within City Parks is prohibited unless the city has specifically designated an area for
the use of this equipment. Paintball equipment includes, but is not limited to: paint balls, paint
gun refillable gas tanks, paint gun propellant canisters, and targets. Nothing contained in this
section is intended to regulate or apply to firearms and ammunition which are preempted by state
law.
Sec. 54-24. - Promulgation of rules; City Fees; Preexisting Rules; Conflicts with Rules;
Enforcement and Penalties.
(a) The city manager is hereby authorized to adopt administrative rules supplemental to, and
consistent with, the provisions of this article that he or she deems necessary and appropriate to
implement the provisions of this article relative to the use of City Parks and the violation of such
rules shall constitute a violation of this article.
(b) The provisions of this Article and the rules adopted by the city shall be maintained on file at
city hall and at the leisure services department office for public inspection and copying.
(c) A general condition of each permit to use a City Park is that the permittee shall abide by and
adhere to the provisions of this article and the rules promulgated by the city, except as may be
otherwise specifically permitted by the city by means of a permit issued for a specific event or
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activity.
(d) The city manager or authorized designee shall regularly review, or cause to be reviewed,the
use of and conditions within each City Park in order to reasonably mitigate against potential
public liability relating to City Parks.
(e) The city manager or authorized designee shall regularly review, or cause to be reviewed,the
use and condition of each City Park to ensure compliance with the Americans With Disabilities
Act and other laws,rules and regulations where applicable.
(fl Fees. The city council may establish by resolution or written agreement with a specific user
of a City Park a fee schedule for the use of City Parks.
(g) Preexisting Rules. All rules regulating City Parks adopted by the city prior to the enactment
of this Article on June 17, 2014 shall remain in full force and effect unless in conflict with any
provision of this Article.
(h) Conflicts with Rules. The provisions of this Article shall prevail over any preexisting or
subsequently adopted conflicting city rule regulating City Parks.
(i) Enforcement, generally. City law enforcement and code enforcement officers, the director of
leisure services or authorized designee, and the city manager or authorized designee shall be
responsible for enforcing the provisions of this Article, and shall have the authority to order any
person or persons acting in violation of this Article to leave the City Park. It is unlawful for a
person to remain in the City Park when the person is asked to leave the City Park by a city official
pursuant to this section.
(j) Initiation of Code enforcement. City law enforcement and code enforcement shall be
responsible for initiating any code enforcement proceedings regarding a violation of this article.
(k) Penalties. The enforcement and penalty provisions set forth in this article are not intended to
be exclusive enforcement remedies. Nothing contained herein shall be construed to limit law
enforcement and the city from enforcing the provisions of this article by any other lawful means.
54-25.—Suspension of Use of City Park.
(a) The suspension provisions set forth in this section are a management tool independent of
any other enforcement tool referenced under this article for the purpose of managing the City
Parks for the common welfare and safety of all City Park patrons and preservation of all City
Park facilities. The intent and purpose of this section is to ensure compliance with this article and
to protect the public health, safety, and welfare of City Park patrons. Suspension of a person's
privilege to use City Parks or facilities therein are intended to occur only when that person has
demonstrated an inability to comply with the provisions set forth in this article or has engaged in
certain illegal or violent behavior in a City Park in violation of the law.
(b) A person's privilege to use a City Park or any facility therein may be suspended by city
law enforcement or the city's director of leisure services when the person has been found guilty
of violating any provision of this article on more than two occasions within a three (3) year
period. For purposes of this section, the term "guilty" shall include a plea of nolo contendere,
voluntary payment of a citation issued in accordance with this article, or an adjudication of guilt
by a court of law or code enforcement board. The first suspension shall be for a period of up to
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ninety(90) days, and each additional suspension thereafter, the suspension period shall be for up
to ninety (90) days per applicable offense, not to exceed two (2) consecutive years for any one
suspension.
(c) A person's privilege to use a City Park or any facility therein may be suspended by city
law enforcement or the City's director of leisure services when a person is cited for a violation of
54-15 (b), (d) or (e) for certain trespass cases, or 54-21 for interfering with personnel.
Suspension for a first offense shall be for thirty days,plus an additional sixty days for every other
similar offense,not to exceed two consecutive years for any one suspension.
(d) A person's privilege to use a City Park or any facility therein may be suspended for up to
two consecutive years by city law enforcement for each incident in which that person has been
charged with committing a violent criminal offense in a City Park including, but not limited to,
breach of peace under section 870.03, Florida Statutes; affrays and riots under section 870.01;
aggravated battery under section 784.045, Florida Statutes, and resisting an officer with violence
under section 843.01,Florida Statutes.
(e) A person's privilege to use a City Park or any facility therein may be suspended for up to
two consecutive years by city law enforcement for each incident in which that person has been
charged with engaging in or allowing in a City Park the possession, use or sale of controlled
substances,as that term is defined in section 893.03,Florida Statutes,in violation of law.
(f) A person's privilege to use a City Park or any facility therein may be suspended for up to
two consecutive years by city law enforcement for each incident in which that person has been
charged with engaging in or allowing prostitution in a City Park.
fg) A person's privilege to use a City Park or any facility therein may be suspended by city
law enforcement or director of leisure services for fees that are past due more than one hundred
and twenty (120) days and which are imposed pursuant to this article or pursuant to a citation
imposed for violating the provisions of this article. However,any suspension imposed under this
subsection shall immediately expire at such time the fees are paid.
(h) Any suspension order issued in accordance with this section shall be in writing and shall
state the name and address of the person who is subject to the suspension, the cause of the
suspension, the duration of the suspension including the effective and expiration date of the
suspension,and the City Parks or any facility subject to the suspension. The order shall also state
that the person shall have the right to appeal the suspension to the city manager by delivering
written notice of appeal to the city manager within three (3) business days of the receipt of the
order. The notice of the appeal shall state the grounds for the appeal. The city manager shall set
the time and place for hearing such appeal, and notice of the time and place shall be given at least
five (5) calendar days prior to the date set for the hearing. The hearing shall occur no later than
ten (10) days after the date the appeal notice is received by the city. Failure to timely file an
appeal of a suspension order shall constitute a waiver of the person's right to an appeal and the
order shall be deemed final.
(i) The city manager shall adopt rules and procedures for conducting a fair and impartial
hearing to determine compliance with the provisions of this section. All decisions of the city
manager under this section shall be deemed final and shall be subject to appeal to a court of
competent jurisdiction.
(j) When a suspension may be ordered up to a maximum number of days under this section,
City of Cape Canaveral
Ordinance No. 07-2014
Page 12 of 13
the city shall consider the following factors when determining the length of the suspension: (1)
the gravity of the violation; (2) the potential or actual harm or danger the violation had or caused
on other patrons or facilities of the City Park; and(3)any mitigating circumstances.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances
and resolutions adopted by the City council,or parts of ordinances and resolutions in conflict herewith are
hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance and all Exhibits hereto shall be incorporated into
the City of Cape Canaveral City Code and any section or paragraph, number or letter and any heading
may be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical and
like errors may be corrected and additions, alterations and omissions, not affecting the construction or
meaning of this Ordinance and the City Code may be freely made.
Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction,
whether for substantive, procedural or any other reason, such portion shall be deemed a separate, distinct
and independent provision, and such holding shall not affect the validity of the remaining portions of this
Ordinance.
Section 6.Effective Date.This Ordinance shall become effective immediately upon adoption by the City
council of the City of Cape Canaveral,Florida.
�Y.
ADOPTED`by the City colijici1 of the City of Cape Canaveral,Florida this 17th day of June,2014.
•
C-Setc-SeNACap.,..,0424,
• ROCKY RANLS,Mayor
For Against
ATTEST John Bond Second
M Bob Hoog Motion
ANGELA APPERSON,City Clerk Buzz Petsos X
Rocky Randels X
Betty Walsh X
First Reading: May 20, 2014
Legal Ad published: May 29, 2014
Second Reading: June 17,2014
Approved to legal form and sufficiency
for the Cape Canaveral only by:
ANTHONY A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No. 07-2014
Page 13 of 13