HomeMy WebLinkAboutOrdinance No. 01-2015 ORDINANCE NO.01-2015
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA,AMENDING CHAPTER 102, VEGETATION, OF THE
CODE OF ORDINANCES; AMENDING DEFINITIONS AND
PERMIT EXCEPTIONS RELATED TO HAZARDOUS TREES;
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 Florida Constitution,Article II, Section 7,provides "it shall be the policy of the
State to conserve and protect natural resources and scenic beauty;" and
WHEREAS, the City Council is committed to preserving, enhancing, and creating green area
within the City and by assuring the preservation of existing trees on public and private property and
taking steps to require maintenance of existing and installation of new trees within the City;and
WHEREAS,trees aid in energy conservation by cooling the atmosphere, reduce air pollution by
removing particles such as dust and pollen, increase oxygen production, slow surface water run off,
reduce soil erosion,provide food, nesting and protection for wildlife, enhance scenic beauty, and provide
other environmental benefits;and
WHEREAS, the City Council desires to continue to protect trees, but to define and create an
exception for healthy trees that pose an imminent safety hazard to citizens and/or property;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 102, Article H. Chapter 102, Article II, Tree Protection, of the Code
of Ordinances, City of Cape Canaveral, Florida, is hereby amended as follows (underlined type indicates
additions and strikeout type indicates deletions, while asterisks (***) indicate a deletion from this
Ordinance of text existing in Chapter 102, Article II. It is intended that the text in Chapter 102, Article II
denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing
prior to adoption of this Ordinance):
Chapter 102 Vegetation
* * *
City of Cape Canaveral
Ordinance No. 01-2015
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Article II.Tree Protection
DIVISION 2.-LAND CLEARING
Sec. 102-36.-Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section,except where the context clearly indicates a different meaning:
* * *
Hazardous tree means a tree existing on a developed parcel of land, where such parcel is not a
redevelopment site, that is not dead or diseased, but due to its shape, location or growth pattern, which
cannot be corrected by pruning, may cause or reasonably be expected to cause imminent damage to
persons or property and/or presents an imminent potential threat to the health, safety, and welfare of the
general public,as determined by the city arborist.
* * *
Specimen tree means a tree having a caliper of 24 inches or more in diameter. Specimen trees
shall not include undesirable, dead, hazardous or diseased trees, or trees that are structurally unsound and
cannot recover from pruning.
* * *
Sec. 102-40.- Permit criteria; exemptions; standards of review.
* * *
(b) Permit exceptions. The following tree removal activities are exempt from the permit
requirements of this division:
* * *
(3) The emergency removal of a dead, hazardous or seriously damaged tree, to mitigate an
imminent threat to the health, safety, and welfare of the property owner or the general public.
Prior to any emergency removal,the property owner shall be required to document the immediate
threat requiring emergency removal with the following:
* * *
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
City of Cape Canaveral
Ordinance No. 01-2015
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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.
ADOPTED by the',City Council of the City of Cape Canaveral, Florida this 20th day of
January,,2015.
ROCKY RANDELS,Mayor
't For Against
s.
ATTEST'(, c rp,� ��ti John Bond Motion
�
6 Bob Hoog X
ANGELA APPERSON,City Clerk,MMC Buzz Petsos Second
Rocky Randels X
Betty Walsh Absent
First Reading: December 16, 2014
Legal Ad published: December 26,2014
Second Reading: January 20, 2015
Approv:. . • legal form and sufficiency
for the • Cape Canaveral only by:
ONY A.GARGANESE,City Attorney
City of Cape Canaveral
Ordinance No. 01-2015
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