CODE OF ORDINANCES CITY OF COCOA BEACH, FLORIDA

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Containing
THE CHARTER
and
GENERAL ORDINANCES OF THE CITY

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Adopted, September 3, 1964

Effective, October 5, 1964

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Published by Order of the City Commission

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PREFACE

This Code constitutes a republication of the general and permanent ordinances of the City of Cocoa Beach, Florida.

Source materials used in the preparation of the republication were the 1981 Code, as supplemented through Ordinance No. 1389, adopted June 3, 2004, and ordinances subsequently adopted by the city commission. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the 1981 Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1981 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER LAWS COMPARATIVE TABLE	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
STATUTORY REFERENCE TABLE	SRT:1
CODE COMPARATIVE TABLES	CCT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of Ellen Andrews, Supplement Editor,of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to the City of Cocoa Beach, Florida for its cooperation and assistance during the progress of the work on this publication. It is hoped that the city's efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

ORDINANCE NO. 193

An Ordinance Adopting and Enacting a New Code of Ordinances of The City of Cocoa Beach, Florida; Establishing the Same; Providing for the Repeal of Certain Ordinances Not Included Therein, Except as Herein Expressly Provided; Providing for the Manner of Amending such Code of Ordinances; Providing a Penalty for the Violation Thereof; and Providing When This Ordinance Shall Become Effective.

Be It Ordained By The Commission of The City of Cocoa Beach, Florida:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 28, each inclusive, is hereby adopted and enacted as the "Code of Ordinances of the City of Cocoa Beach, Florida," and shall be treated and considered as a new, original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed on or before July 2, 1964, to the extent provided in Section 2 hereof.

Section 2. That all provisions of such Code shall be in full force and effect from and after the 5th day of October, 1964, and all ordinances of a general and permanent nature of the City of Cocoa Beach, enacted on final passage on or before July 2, 1964, and not included in such Code or recognized and continued in force by reference therein are hereby repealed from and after the 5th day of October, 1964, except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

Section 3. That the repeal provided for in Section 2 hereof shall not affect the following:

(a)

Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance;

(b)

Any ordinance or resolution promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City;

(c)

The administrative ordinances or resolutions of the City, not in conflict or inconsistent with the provisions of such Code;

(d)

Any ordinance or resolution fixing salaries of officers or employees of the City;

(e)

Any appropriation ordinance or resolution;

(f)

Any right or franchise granted by the City Commission to any person, firm or corporation;

(g)

Any ordinance or resolution dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, etc., any street or public way in the City;

(h)

Any ordinance or resolution establishing and prescribing the street grades of any street in the City;

(i)

Any ordinance or resolution providing for local improvements or assessing taxes therefor;

(j)

Any ordinance or resolution dedicating or accepting any plat or subdivision in the City, or providing regulations for the same;

(k)

Any ordinance annexing property to the City;

(l)

Any ordinance or resolution prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, limitations on loads of vehicles or loading zones, not inconsistent with such Code;

(m)

Any ordinance or resolution regulating the installation or repair of gas piping or apparatus;

(n)

Any ordinance regulating the levy and collecting of occupational license taxes;

(o)

Any ordinance relating to health, and weed and underbrush clearance;

(p)

Any ordinance prescribing regulations as to signs and advertising;

(q)

Any ordinance regulating the zoning of lands;

(r)

Any ordinance enacted after July 2, 1964.

Nor shall such repeal be construed to revive any ordinance or part of an ordinance that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited or is made or declared to be unlawful or an offense or a misdemeanor by the City Commission, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the City Commission, and no specific penalty is provided therefor, the violation of any such provisions of such Code shall be punished as provided in Section 1-8 of such Code.

Section 5. That any and all additions and amendments to such Code when passed in such form as to indicate the intention of the City Commission to make the same a part thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances of the City of Cocoa Beach, Florida," shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment of any section of such Code by the City Commission, for which a penalty is not provided, the general penalty as provided in Section 1-8 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended; unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City Clerk preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by her, to insert in their designated places all amendments, ordinances or resolutions which indicate the intention of the City Commission to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which from time to time may be repealed by the City Commission. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the laws of the City of Cocoa Beach to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-8 of the "Code of Ordinances of the City of Cocoa Beach, Florida."

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. That this ordinance shall become effective on the 5th day of October, 1964.

PASSED, APPROVED AND ADOPTED BY THE CITY COMMISSION on this 3rd day of September, 1964.

ATTEST:

ROBERT P. MURKSHE
Mayor

KATHLEEN D. WRIGHT
City Clerk

APPROVED AS TO FORM AND LEGALITY:

FRANK M. WOLFE
City Attorney

I Hereby Certify that the above Ordinance is a true and correct copy of the said Ordinance adopted by the Commission of the City of Cocoa Beach at a Regular Meeting held on the 3rd day of September, 1964.

Dated this 4th day of September, 1964

OLIVE P. HARNESS
Deputy City Clerk
City of Cocoa Beach,
Florida