Section

(a)

The official City Seal of the City of Cape Coral, Florida, is reproduced below, a copy of which shall remain on file with the City Clerk's Office:

(1)

The legal effect of the official City Seal shall be the same whether it is affixed or rendered in color or black and white.

(2)

Wherever it shall be necessary for the city under the authority of the Mayor, City Council, City Charter, Code of Ordinances, or the general laws of the state, to execute contracts, deeds, or other documents on behalf of the city, the official City Seal may be affixed to such contract, deed or other document, to authenticate and identify such document.

(3)

It shall be unlawful and a violation of this section for any person, firm, corporation or other legal entity to print for the purpose of sale or distribution or circulate, manufacture, publish, use, display or offer for sale any letters, papers, documents, or items of merchandise which simulate the official City Seal or a real or fictitious agency, department or instrumentality of the city except by city officials or employees in the performance of their official duties, or with prior written authorization by the City Manager or their designee. A violation of this section shall be punishable as provided in § 1-14, Cape Coral Code of Ordinances.

(b)

The official City Logos of the City of Cape Coral, Florida, are reproduced below, copies of which shall remain on file with the City Clerk's Office:

(1)

The legal effect of the official City Logos shall be the same whether it is affixed or rendered in color or black and white.

(2)

The official City Logos should be utilized whenever it is necessary for the city to identify equipment, facilities, documents, or applicable departments, events, or initiatives, that serve to signify official city business, branding, or endorsement.

(3)

It shall be unlawful and a violation of this section for any person, firm, corporation or other legal entity to print for the purpose of sale or distribution or circulate, manufacture, publish, use, display or offer for sale any letters, papers, documents, or items of merchandise which simulate the official City Logos or a real or fictitious agency, department or instrumentality of the city except by city officials or employees in the performance of their official duties, or with prior written authorization by the City Manager or their designee. A violation of this section shall be punishable as provided in § 1-14, Cape Coral Code of Ordinances.

(4)

In addition to the official City Logos designated above, the City Manager or their designee may from time to time identify supplemental, seasonal, or additional departmental official City Logos, copies of which shall remain on file with the City Clerk's Office. The city will conspicuously post on its website a complete catalogue of official City Logos and the administrative process for seeking prior written authorization from the City Manager or their designee for the authorized use thereof.

(Ord. 43-25, § 2, 8-6-2025)

Editor's note— Ord. 48-11 § 2, adopted September 12, 2011, deleted § 12-2 in its entirety.

Editor's note— Ord. 48-11 § 2, adopted September 12, 2011, deleted § 12-3 in its entirety.

Editor's note— Ord. 48-11 § 2, adopted September 12, 2011, deleted § 12-4 in its entirety.

Editor's note— Ord. 48-11 § 2, adopted September 12, 2011, deleted § 12-5 in its entirety.

Editor's note— Ord. 48-11 § 2, adopted September 12, 2011, deleted § 12-6 in its entirety.

Editor's note— Ord. 58-11 § 2, adopted September 26, 2011, deleted § 12-7 in its entirety.

(a)

The following words, terms, and phrases, when used in this section, shall have the meanings set forth herein, except where the context clearly indicates a different meaning:

GAS PUMP shall mean a machine or device used to dispense petroleum fuel for sale to the public at retail.

PAYMENT CARD shall have the same meaning as defined in F.S. § 817.625, as may hereafter be amended.

SCANNING DEVICE shall have the same meaning as defined in F.S. § 817.625, as may hereafter be amended.

(b)

Every owner or operator of a gas pump in the City of Cape Coral shall have affixed to or installed onto the exterior of any gas pump, which contains a scanning device, a visible gas pump panel locking device that requires an access key unique to each gas station location to restrict the unauthorized access of customer payment card information. The access key shall be maintained at the gas station at all times. As an alternative to the foregoing security measure, an owner or operator of a gas pump in the city may affix or install onto any gas pump that contains a scanning device one or more of the following security measures:

(1)

A device or system that will render the gas pump, or the scanning device in the gas pump, inoperable if there is an unauthorized opening of the gas pump panel; or

(2)

A device or system that encrypts the customer payment card information in the scanning device.

Owners and operators of gas pumps that choose to install an alternative security measure pursuant to this section shall demonstrate compliance with this section to a city official upon request. Gas pumps that have been found in compliance with this § 12-8 by the city may be appropriately marked by the city for identification purposes.

(c)

A security measure affixed to or installed onto a gas pump pursuant to subsection (b) shall be maintained by the owner and operator in good working condition at all times.

(d)

Failure to comply with this § 12-8 shall constitute a violation of § 12-8, and shall subject the owner or operator to the code enforcement provisions and procedures provided in §§ 2-81 through 2-96, Cape Coral Code of Ordinances. Violations of this § 12-8 shall be punishable by a fine of not less than $250 per gas pump. Each day that a violation exists shall constitute a separate and distinct violation.

(Ord. 17-18, § 1, 3-5-2018, eff. 5-1-2018)

It shall be unlawful for any person to loiter on or about school property in any case, unless permission is given by a teacher or principal in charge.

(Ord. 14-71, § 1(u), 7-26-1971)

Editor's note— Ord. No. 44-25 , § 2, adopted Sept. 3, 2025, repealed § 12-10, which pertained to Prohibit parking on unimproved city property and derived from Ord. 21-84, adopted May 7, 1984.

Editor's note— Pursuant to instructions from the city, former §§ 12-10 and 12-11, pertaining to commercial fishing, crabbing, shrimping, etc., in the waters of the city and derived from Ord. 40-71, §§ 1 and 2 enacted Oct. 11, 1971, have been deleted by the editor in light of Chapter 78-483, Laws of Florida, as amended by Chapter 80-470, Laws of Florida, which provides as follows:

"Section 1. It is unlawful for any person to take or attempt to take any saltwater fish, except by hook and line or with no more than five blue crab traps within any man-made saltwater canal located in the City of Cape Coral.

Section 2. The violation of the provisions of section 1 is declared to be a criminal offense and misdemeanor within the meaning of F.S. § 775.08, and shall be punishable as provided by law.

Section 3. This act shall take effect only upon its approval by a majority vote of those qualified electors of the City of Cape Coral voting in a referendum to be held by the governing body of the City of Cape Coral in conjunction with the next first primary election, in accordance with the provisions of law relating to elections currently in force in the City of Cape Coral; except that this section shall take effect upon becoming a law."

The referendum required in § 3 of the act was held November 7, 1978, and the act was approved by the electorate of Cape Coral.

(a)

Definitions. The following definitions shall apply to the terms used in this section.

OPERATOR. A party conducting or engaging in the business of providing temporary or transitory amusement, food, food products, entertainment, whether for profit or not for profit, regardless of whether admission charges are levied.

TEMPORARY AMUSEMENT. Any amusement with a fixed or approximate date of termination, usually of short duration, including but not limited to circuses, carnivals, amusements, rides, motion picture shows, shows of all kinds, all sporting contests or athletic events, holiday celebrations. Parades are not to be considered as temporary amusements for the purposes of this section.

(b)

Insurance required. Every operator conducting or engaging in the business of providing temporary or transitory amusement or entertainment shall be subject to this section, wherever city property is involved. The person shall obtain a permit from the City Manager at least ten days in advance of the operations; provided, however, that before a permit shall be issued, the applicant for the same shall file with the City Clerk an indemnity agreement in a form approved by the City Attorney holding the city harmless for any liability occasioned by the activity conducted, and shall file certificate of insurance as described below with the city as an additional named insured. The minimum insurance coverage as required by this section shall include, but not be limited to, the following:

(Ord. 1-84, §§ 1, 2, 2-6-1984)

Editor's note— Ord. 94-22, § 1, adopted Nov. 2, 2022, effective Oct. 1, 2023, repealed § 12-13, which pertained to alarms and derived from Ord. 59-90, adopted Aug. 13, 1990; Ord. 52-97, adopted Aug. 15, 1997; Ord. 109-04, adopted Sept. 27, 2004; Ord. 149-04, adopted Dec. 13, 2004; Ord. 169-06, adopted December 11, 2006; Ord. 39-16, § 1, adopted Sept. 12, 2016.

The City Council hereby establishes a "Combat Auto Theft Program" to be administered by the city's Police Department in accordance with the provisions herein.

(Ord. 70-90, 9-10-1990)

The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

CONSENT FORM. A form prepared by the city's Police Department in accordance with the provisions of F.S. § 316.008 for the purpose of authorizing law enforcement officer to stop a registered owner's vehicle operating within that officer's jurisdiction between the hours of 1:00 a.m. and 5:00 a.m.

(Ord. 70-90, 9-10-1990)

DECAL. A yellow adhesive emblem designed by the Police Department in accordance with F.S. § 316.008 for the purpose of evidencing a motor vehicle owner's participation in the Combat Auto Theft Program.

(Ord. 70-90, 9-10-1990)

LAW ENFORCEMENT OFFICER. A person who is elected, appointed or employed full or part time by any municipality or county and who is vested with the authority to bear arms and make arrests and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic or highway laws of this state. LAW ENFORCEMENT OFFICER includes auxiliary law enforcement officers who assist full or part time law enforcement officers and who, while under the direct supervision of a law enforcement officer has the authority to arrest and perform law enforcement functions.

(Ord. 70-90, 9-10-1990)

MOTOR VEHICLE or VEHICLE. Any self-propelled vehicle not operated upon rails or guideway, but not including any bicycle or moped.

OWNER. Any person who holds the legal title of a vehicle, or, in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of a vehicle is entitled to possession, then the conditional vendee or lessee or mortgagor shall be deemed the owner, for the purposes of this section.

(Ord. 70-90, 9-10-1990)

REGISTERED VEHICLE. A motor vehicle that has been registered in the city's Combat Auto Theft Program pursuant to the provisions of this section.

(Ord. 70-90, 9-10-1990)

REGISTRATION FEE. The fee charged an owner of a motor vehicle who wishes to register his or her vehicle in the program. The fee charged shall be based on the actual cost of administration of the program and cost of the decal.

(Ord. 70-90, 9-10-1990)

An owner may enroll his or her motor vehicle in the city's Combat Auto Theft Program by complying with the following:

(Ord. 70-90, 9-10-1990)

(a)

Consent form. The owner shall complete a consent form on the form prescribed by the Police Department for each vehicle to be enrolled in the program. The motor vehicle owner's signature on the form shall be notarized. The consent form shall list the names of all persons authorized by the owner to drive the motor vehicle. The consent form shall be submitted to the tag agency office located in the city together with proof of ownership of the motor vehicle.

(b)

Proof of ownership. The owner shall submit proof of ownership along with the consent form. Proof of ownership may be in the form of the original vehicle title or the original certificate of registration for the vehicle.

(c)

Personal identification. Personal identification must be submitted by the owner along with the consent form and proof of ownership. The identification may be in the form of a driver's license or birth certificate. The personal identification submitted must be for the same person named in the vehicle title or registration for the vehicle sought to be registered.

(d)

Decal. Upon submission of the foregoing, a yellow decal shall be issued to the owner by the tag agency located in the city. The decal issued to the owner by the tag agency shall be immediately affixed to the lower left corner on the inside of the back window of the vehicle.

(Ord. 70-90, 9-10-1990)

The tag agency located in the city is hereby authorized to charge a fee, on behalf of the city, to each owner who desires to register his or her vehicle under the city's Combat Auto Theft Program. The fee shall be based on the actual cost of production of the decals and consent forms for the Combat Auto Theft Program.

(Ord. 70-90, 9-10-1990)

Police officers employed by the city and any other law enforcement officer whose jurisdiction has a "combat auto theft" program, is hereby authorized to stop any registered vehicle within the officer's jurisdiction when the vehicle is being driven between the hours of 1:00 a.m. and 5:00 a.m., provided the vehicle has a yellow decal located conspicuously on the bottom left corner of the back window of the vehicle.

(Ord. 70-90, 9-10-1990)

Upon the sale or other transfer of ownership of any registered vehicle, or if the owner desires to terminate participation in the program, the owner shall remove the decal and shall immediately notify the tag agency of the termination by using the self-addressed post card provided to the owner at the time of enrollment.

(Ord. 70-90, 9-10-1990)

Pursuant to F.S. § 316.008, neither the city nor any law enforcement officer shall incur any civil liability as a result of the actions of a law enforcement officer when stopping a vehicle with a yellow decal evidencing enrollment in the program when the driver is not enrolled in the program, provided that the stop is made in accordance with the requirements of the Combat Auto Theft Program and for the purpose of verifying the driver's status.

(Ord. 70-90, 9-10-1990)

The emission of dense smoke from the stack or flue of a stationary engine, or from a smokestack, chimney, fireplace or incinerator, whether or not connected with a home or building or plant within the corporate limits of the city, shall be deemed and is hereby declared to be a public nuisance and a misdemeanor.

(Ord. 14-71, § 1(aa), 7-26-1971)

(a)

Short title. This section may be known and cited as the "Cape Coral Noise Control Ordinance."

(b)

Findings and purpose.

(1)

The Cape Coral City Council finds that unreasonably excessive noise degrades the environment of the City to a degree that such noise:

a.

Is harmful to the health, safety, and welfare of City residents and visitors;

b.

Interferes with the comfortable enjoyment of life and property;

c.

Interferes with the well-being, tranquility, and privacy of one's home; and

d.

Can cause and aggravate health problems.

(2)

The effective control of unreasonably excessive noise is essential to the health, safety, and welfare of City residents and visitors, and fosters the comfortable enjoyment of life, including, but not limited to, recreation, work, communication, and rest.

(3)

This section is enacted to protect, preserve, and promote the health, safety, welfare, peace, and quiet of residents and visitors of the City of Cape Coral through the control, reduction, and prevention of unreasonably excessive noises that unreasonably disturb, injure, or endanger the comfort, repose, health, peace, or safety of reasonable persons of ordinary sensitivities.

(4)

Nothing contained in this section is intended to infringe upon the constitutionally protected rights guaranteed by the Florida Constitution and the First Amendment of the United States Constitution. This section enacts narrowly drawn, content-neutral regulations that are to be interpreted so as to not unduly restrict constitutionally protected rights.

(c)

Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

AMPLIFIED sound means sound whose volume is increased by any electric, electronic, mechanical, or motor-powered means.

A-WEIGHTED SOUND LEVEL means the sound pressure level in decibels as measured with a sound level meter using the A-weighting network as described in ANSI S1.4-1983 issued by the American National Standards Institute. The unit of measurement is the dBA.

C-WEIGHTED SOUND LEVEL means the sound pressure level in decibels as measured with a sound level meter using the C-weighting network as described in ANSI S1.4-1983 issued by the American National Standards Institute. The unit of measurement is the dBC.

DECIBEL (dB) means a unit for measuring the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micropascals (20 micronewtons per square meter).

EMERGENCY means any occurrence, or set of circumstances, involving actual, threatened, or imminent physical trauma or injury, natural resource damage, or property damage which demands immediate action.

L_eq(EQUIVALENT SOUND PRESSURE LEVEL) means the constant sound level that, in a given situation and time period, conveys the same sound energy as the actual time-varying sound.

OFFICER means any designated employee or agent of the City of Cape Coral whose duty it is to enforce codes and ordinances enacted by the city and may include, but shall not be limited to, law enforcement officers and code enforcement officers.

PERSON(S) means, but is not limited to, any individual, natural person, firm, partnership, joint venture, syndicate or other group, association, corporation, estate, trust, business trust, trustee, executor, administrator, receiver, or other fiduciary, or any other entity whatsoever, or any combination of such, jointly and severally.

PERSON(S) RESPONSIBLE means, but is not limited to, any person who has any manner of control over a property, premises, dwelling, structure, location, business, vehicle, device, stereo, or source of sound and may include, but is not limited to, any property owner, tenant, subtenant, business owner, resident, operator or person having operational control, person(s) creating or controlling the volume of sound, manager of a commercial property, or person(s) in charge or otherwise authorized to make decisions regarding the use of sound equipment, or any combination of such, jointly and severally.

PLAINLY AUDIBLE means any sound that can be clearly heard by a reasonable person using such person's ordinary auditory senses, so long as the person's hearing is not enhanced by any device, such as a hearing aid. The person need not determine the particular words or phrases being produced or the name of any song or artist producing the sound for the sound to be considered plainly audible. The detection of a rhythmic bass reverberating type sound is sufficient to constitute a plainly audible sound.

PROPERTY means any private property, public property, or public right-of-way and includes the air space above.

PROPERTY LINE means either (i) an imaginary line along the ground surface, and its vertical plane extension, which separates the real property owned, rented, or leased by a person(s) or entity from that real property owned, rented or leased by another person(s) or entity, or (ii) the vertical and horizontal boundaries of a residential dwelling unit that is contained in a building containing two or more residential units or any combination of separately leased or owned spaces.

RECEIVING PROPERTY means at or within the property line which is receiving sound from another property, but does not include public rights-of-way.

SOUND LEVEL means a sound pressure level obtained using a signal to which standard weighting has been applied.

(d)

Prohibition of unreasonably excessive noise from a property—Entertainment area. It shall be unlawful for any person(s), including the property owner(s), to permit, cause, allow, create, emit, or sustain unreasonably excessive noise from a property, including air space thereof, located in the City of Cape Coral and within the below described Entertainment area.

(1)

For purposes of this Subsection (d), the following additional definitions apply:

ENTERTAINMENT AREA mean any property located in:

a.

The area bounded by SE 46 ^th Lane to the north, Coronado Parkway to the west, Miramar Street and Cape Coral Street to the south, and Del Prado Boulevard to the east. Area includes Tract C, Unit 6 Part 3 of the Cape Coral Subdivision.

UNREASONABLY EXCESSIVE NOISE FROM A PROPERTY means sound from any property within the Entertainment area, which meets or exceeds the following maximum sound levels:

a.

Seventy-five (75) dBA or seventy-seven (77) dBC between the hours of 7:00 a.m. and 11:00 p.m., Sundays through Thursdays, or 7:00 a.m. and 12 midnight, Fridays and Saturdays.

(Ord. 50-20, § 1, 8-10-2020)

b.

Sixty-five (65) dBA or Sixty-seven (67) dBC between the hours of 11:00 p.m. and 7:00 a.m., at all other times and days except as expressly provided for in Subsection (d)(1)a.

(Ord. 50-20, § 1, 8-10-2020)

(2)

Determining dBA or dBC under this Subsection (d). In determining the dBA or dBC sound level under this subsection, a measurement shall be taken from the property line of the property generating the sound, or from the individual lease boundary of the property generating the sound in the case of property which has been subdivided by the execution of individual leases. The equivalent (L _eq ) decibel measurement taken at thirty (30) seconds shall not exceed the maximum sound levels set above.

(3)

Sound level measurement standards. All sound level meters used to enforce the provisions of this Subsection (d) shall be calibrated and serviced in accordance with the manufacturer's instructions. All sound level meters used to enforce the provisions of this Subsection (d) shall be operated in accordance with the manufacturer's instructions.

(Ord. 50-20, § 1, 8-10-2020)

(e)

Prohibition of unreasonably excessive noise from a property—All other areas. It shall be unlawful for any person(s), including the property owner(s), to permit, cause, allow, create, emit, or sustain unreasonably excessive noise from a property, including air space thereof, located in the City of Cape Coral and not within the Entertainment area described in Subsection (d) above.

(1)

For purposes of this Subsection (e), the following additional definitions apply:

UNREASONABLY EXCESSIVE NOISE FROM A PROPERTY means sound from any property not located within the Entertainment area described in Subsection (d) above, which is unreasonably loud and raucous as defined below.

UNREASONABLY LOUD AND RAUCOUS means any sound that, because of its volume level or duration, jars, injures, or endangers the health, safety, welfare, or wellbeing of a reasonable individual of ordinary sensibilities.

(2)

Violation at any time. An officer may issue a civil citation or notice of violation, after warning, for unreasonably excessive noise from a property if the officer has probable cause to believe the noise is unreasonably loud and raucous after considering the following:

a.

Whether the sound is plainly audible within a fully enclosed structure or residence located on the property of a person making a complaint;

b.

Whether the sound is causing vibration, rattles, thumping, or pulsating within a fully enclosed structure or residence located on the property of a person making a complaint;

c.

Whether the duration of the sound jars, injures, or endangers the health, safety, welfare, or wellbeing of a reasonable individual of ordinary sensibilities; and

d.

Whether the sound is recurrent, intermittent, or continuous in a manner that jars, injures, or endangers the health, safety, welfare, or wellbeing of a reasonable individual of ordinary sensibilities.

(3)

Violation based upon sworn complaint. An officer may issue a civil citation or notice of violation, after warning, upon receiving a sworn complaint from a person for unreasonably excessive noise from a property, if the officer has probable cause to believe the noise is unreasonably loud and raucous based on the sworn complaint and after considering the following:

a.

The time of day a complaint about unreasonably excessive noise occurs;

b.

The duration of the sound;

c.

The number and history of relevant complaints from the same residence or structure;

d.

The distance from the source of the sound;

e.

The number of person(s) affected by the sound;

f.

The proximity of the sound to residential sleeping facilities;

g.

The ability of a witness to hear the sound and testify about the complaint;

h.

The corroboration by sworn statement(s) of witness(es) to the sound other than, and in addition to, the primary affiant;

i.

The availability of audio/video recording of the sound;

j.

The totality of circumstances, including the factors delineated in Subsection (e)(2)a.-d.; and

k.

Whether the sound is a listed exemption pursuant to Subsection (g) below.

(4)

Prima facie evidence. For the purposes of this Subsection (e), the following shall constitute prima facie evidence that a sound (whether recurrent, intermittent, or continuous) is unreasonably loud and raucous if:

a.

Between the hours of 11:00 p.m. and 7:00 a.m., the sound is plainly audible a minimum of one hundred (100) feet from the property line of the source of the sound at or within a fully enclosed structure or residence on any receiving property; or

b.

The sound meets or exceeds seventy-three (73) dBA or seventy-five (75) dBC between the hours of 7:00 a.m. and 11:00 p.m., or sixty-five (65) dBA or sixty-seven (67) dBC between the hours of 11:00 p.m. and 7:00 a.m. Sound level measurements shall be obtained in accordance with the provisions of Subsections (d)(2) and (d)(3).

(Ord. 50-20, § 1, 8-10-2020)

(f)

Prohibition of unreasonably excessive noise from a vehicle. It shall be unlawful for any person(s) in control of a vehicle to permit, cause, allow, create, emit, or sustain unreasonably excessive noise from a vehicle that is plainly audible from such vehicle in the City of Cape Coral.

(1)

For purposes of this Subsection (f), the following additional definitions apply:

UNREASONABLY EXCESSIVE NOISE FROM A VEHICLE means sound from any vehicle which is plainly audible at a distance of fifty (50) feet or more from the vehicle at the time it is heard.

VEHICLE means any device or structure used for transporting any person(s) or thing(s) that is propelled by mechanized power, human power, or some combination of mechanized power and human power.

(g)

Exemptions. The provisions of this section shall not apply to:

(1)

The operation of warning or emergency signal devices such as sirens, horns, alarms, and bells, when utilized for their intended purpose in cases of emergency.

(2)

Sounds resulting from equipment or operations incidental to the installation, maintenance, or repair of facilities or restoration of services, such as public utilities work or other emergency work in the public interest.

(3)

The operation of equipment or conduction of activities common to residential or agricultural communities, including, but not limited to, lawn care; soil cultivation; lawn mowers; maintenance of trees, shrubs, hedges, and gardens; tree trimming; limb chipping; domestic power tools; saws and tractors; street sweepers; mosquito fogging; and other community operations, between the hours of 7:00 a.m. to 10:00 p.m.

(4)

During the period from October 1 through April 30 of every year, the operation of equipment or conduction of activities for city approved refuse and recyclable waste collection, between the hours of 6:00 a.m. to 8:00 p.m. During the period from May 1 through September 30 of every year, the operation of equipment or conduction of activities for city approved refuse and recyclable waste collection, between the hours of 5:00 a.m. to 8:00 p.m.

(5)

Construction activities between 7:00 a.m. and 7:00 p.m. Monday through Saturday, except New Year's Day, Easter, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas, for which building permits have been issued, or for construction activities not requiring permits due to the scope of work or ownership of the project by a governmental agency; provided all equipment is operated in accordance with the manufacturer's specifications and with all standard equipment, manufacturer's mufflers, and noise-reducing equipment in use and in good operating condition.

(6)

Unamplified human voice(s).

(7)

Sounds emanating from bona fide farm operations on land classified as agricultural land, which is exempt from local regulation pursuant to F.S. § 823.14, as may be amended.

(8)

Residential air conditioners and residential swimming pool equipment.

(9)

Sounds made by dogs, birds, and other animals, which are regulated by Lee County Domestic Animal Services. Animal regulations are located in Chapter 6, Lee County Code of Ordinances.

(10)

Activities in the fields, grounds, or facilities of any schools, sporting arena, stadium, or sports complex to which the public or community has access.

(11)

Sounds generated from any event, when a permit has been obtained from the City of Cape Coral prior to such event, and such sounds are in compliance with any conditions imposed by that permit. This provision shall include, but not be limited to, any parade, road festival, or special event.

(h)

Waivers. The City Council may vote to temporarily suspend or modify any and all of the prohibitions contained in this Section 12-22 when it finds that emergency circumstances, including, but not limited to those resulting from hurricane(s) or other natural disaster(s), exist.

(i)

Enforcement and penalties. The authority to enforce the provisions of this section shall be vested in the Cape Coral Police Department and the Department of Community Development. Nothing in this section shall prohibit the Police Department from charging persons responsible for acts, which affect the peace and quiet of other persons, for breach of the peace or disorderly conduct under F.S. § 877.03, as may be amended from time to time. This section shall be enforced by an officer as follows:

(1)

Any person(s) responsible for a violation of Subsections (d) or (e) herein shall be given notice of an unreasonably excessive noise violation and warned that a civil citation or notice of violation will be issued if the person(s) responsible fails to bring the sound level into compliance within five (5) minutes; and fails to remain in compliance for forty-eight (48) hours. The notice and warning may be given verbally or in writing informing the person(s) responsible for a purported excessive noise violation generally as follows:

You are being notified that you are in violation of the City of Cape Coral's Noise Control Ordinance. You are being given a five (5) minute warning to bring the sound level into compliance with Section 12-22 of the City Code of Ordinances. The failure to timely bring the sound level into compliance is a violation of the City of Cape Coral's Noise Control Ordinance.

The officer may issue a civil citation or notice of violation to any person(s) responsible who does not timely bring the sound level into compliance.

(2)

Any person(s) responsible for a violation of Subsection (f) herein, which violations are considered irreparable and irreversible in nature, may be immediately issued a civil citation or notice of violation by an officer.

(3)

Any person(s), including the property owner(s), who violates any of the provisions of this section shall be subject to a civil penalty in the amount of $150.00 for a first violation, and $500.00 for any subsequent violation occurring within one (1) year after a finding of violation of the previous offense or a plea of no contest. Each violation of this section shall constitute a separate and distinct offense for which a civil citation or notice of violation may be issued.

(4)

Joint and several responsibility. Any person(s) responsible for unreasonably excessive noise from a property or from a vehicle, as defined herein, may be liable for the violation under this section. More than one person may be found to be responsible for the violation.

(5)

Unreasonably excessive noise is declared a public nuisance. The prosecution of an offense under this section does not limit the City's right to abate the public nuisance, or from seeking injunctive relief, by any means provided by law. The City Attorney or designee(s) may bring suit on behalf of the City against the person(s) responsible for causing, maintaining, permitting, or allowing a public nuisance under this section. This section shall not prohibit or otherwise restrict any person(s) from bringing suit against a public nuisance for unreasonably excessive noise. Relief may be granted according to the terms and conditions of F.S. § 60.05, or any other means provided by law.

(Ord. 29-19, § 1, 12-9-2019; Ord. 26-24, § 2, 4-17-2024)

Editor's note— Ord. 29-19, § 1, adopted Dec. 9, 2019, repealed § 12-22, which pertained to similar subject matter and derived from Ord. 50-76, §§ 1, 2, adopted June 14, 1976; Ord. 90-76, § 1, adopted Nov. 15, 1976; Ord. 11-84, §§ 1—10, adopted March 19, 1984; Ord. 59-86, adopted Sept. 22, 1986; Ord. 82-93, adopted Nov. 22, 1993; Ord. 58-11, adopted Sept. 26, 2011.

Editor's note— Ord. 50-76, adopted June 14, 1976, did not expressly amend this code; hence, inclusion of §§ 1 and 2 thereof as § 12-22(a), (b) was at the discretion of the editor. At the direction of the city, nonamendatory Ord. 11-84 has been added as subsection (c).

Cross reference— Land Development Code, regulation of excavations and borrow pits generally, see § 5.3.1

Editor's note— Ord. No. 44-25 , § 2, adopted Sept. 3, 2025, repealed § 12-23, which pertained to operation of motor-driven vehicles in certain places prohibited, exceptions; parking regulations on certain public streets and derived from Ord. 88-76, §§ 1-4, adopted Nov. 1, 1976; Ord. 50-78, § 1, adopted Aug. 7, 1978; Ord. 26-82, § 1, adopted May 3, 1982; Ord. 56-93, adopted Sept. 27, 1993; Ord. 51-98, adopted Aug. 24, 1998; Ord. 1-01, adopted April 23, 2001; Ord. 72-01, adopted Sept. 24, 2001; Ord. 57-18, § 1, adopted Aug. 20, 2018; Ord. 31-20, § 1, adopted May 11, 2020; Ord. 30-21, § 1, adopted April 21, 2021; Ord. 71-22, § 1, adopted Aug. 17, 2022.

(a)

Nuisance landings and use prohibited. It shall be unlawful for any person to operate rotary wing aircraft within 500 feet of a residence except when the aircraft and residence are separated by a public right-of-way or waterway, such operation hreby declared to be a public nuisance and a misdemeanor.

(b)

Exemptions.

(1)

The provisions of this section shall not apply to public aircraft of the federal government, or of a state or political subdivision thereof, or of taxing districts such as the Lee County Mosquito Control; or to emergency use of rotary wing aircraft while such aircraft are providing services to the citizens of the city, nor shall this section apply to privately owned rotary wing aircraft serving as ambulances, search and rescue vehicles or other like duty.

(2)

The City Council may grant temporary exemptions from the effect of this section on findings of benefit to public welfare.

(c)

Penalty for violation. Anyone who violates this section shall be punished by a fine not exceeding $500 or imprisonment for a term not exceeding 60 days or by both the fine and imprisonment.

(Ord. 4-83, §§ 2—4, 1-31-1983; Ord. 31-83, § 1, 7-18-1983)

(a)

Declaration of necessity. It is found and declared that:

(1)

The deterioration of buildings, through neglect and failure to maintain and repair, creates an unsightly appearance, lowers property values and has a deleterious effect on the use and enjoyment of surrounding properties.

(2)

There is a clear connection between urban blight and crime, as established by studies conducted by the Police Executive Research Forum and other authorities.

(3)

Allowing the deterioration of buildings is detrimental to the public health, comfort, convenience, safety, welfare and prosperity of the residents of Cape Coral.

(4)

The necessity in the public interest for the provisions and prohibitions hereinafter contained and enacted is declared as a matter of legislative determination and public policy, and it is further declared that the provisions and prohibitions hereinafter contained and enacted are in pursuance of and for the purpose of securing and promoting the public health, comfort, safety, welfare and repose of Cape Coral and its inhabitants.

(b)

Prohibition. It shall be unlawful for the owner or occupant of any building located in the City of Cape Coral to allow the building to become or to remain in such a state of deterioration or disrepair that:

(1)

The paint on an exterior wall is eroded or missing to the point that the stucco, wood or other underlying building material is visible on any portion of the building from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes;

(2)

The paint on an exterior wall is discolored to such an extent that the discoloration is clearly visible from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes;

(3)

A crack or hole in an exterior wall is visible on any portion of the building from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes;

(4)

One or more broken or damaged windows, doors, shutters, gutters, soffits, fascia or door or window screens of the building are visible from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes; or

(5)

Tiles or shingles are missing from the roof surface to the extent that the absence is visible from any street or canal or any adjoining property used for residential, commercial, institutional or public purposes.

(c)

Violation. Any violation of the prohibitions set out in this section, in addition to being a code violation, shall be deemed and is hereby declared to be a public nuisance and a misdemeanor.

(Ord. 7-00, § 1, 2-28-2000)

The purpose of this article is to provide protection to the public wherever street excavation, street construction or repair or utility work in rights-of-way is taking place.

This article shall apply to any person, firm, corporation or governmental body or agency that performs work upon or adjacent to any street within the city where the work involves the excavation, alteration or repair of any portion of a street, alley or right-of-way, or storage of construction materials, machinery or objects on a street, alley or right-of-way.

Any person, firm, corporation or other entity making an opening or excavation in any street, alley or public right-of-way in the city shall protect the opening or excavation by means of proper barricades, lights or signaling devices. Any person, firm, corporation or other entity performing repairs on any street, alley or public right-of-way in the city which requires the closure or blocking of any part of a street shall use proper barricades, lights or signaling devices to protect the motoring, bicycling and walking public. Barricades and signaling devices shall also be used to protect the public from construction materials, machinery and other objects that are left on the street or right-of-way during the period of construction or repair. The devices shall be properly maintained at all times during the period of construction or repair. Any opening or excavation not properly protected may be immediately closed by the city with the cost of same being charged against the responsible party. For purposes of determining proper barricades, lights or signaling devices, the provisions of the current U.S. Department of Transportation's Manual of Uniform Traffic Control Devices (MUTCD) and the State of Florida's Roadway and Traffic Design Standards/ Information for Traffic Control Through Work Areas Indexes 600-651, shall be controlling.

Construction materials, machinery, excavations and objects on the street or in the right-of-way shall be illuminated by lanterns, flashing lights or torches between the hours of sunset and sunrise and shall be spaced not more than five feet apart across any street, or 15 feet lengthwise on any street, together with other adequate barricades, if necessary. For purposes of determining adequate or necessary illumination or barricades, the provisions of the current State of Florida, Department of Transportation Standard Specifications for Road and Bridge Construction or the applicable contract specifications, whichever is more restrictive, shall govern.

Pursuant to F.S. § 166.0415, the city hereby designates city engineering inspectors as code inspectors and authorizes them to issue citations for violations of §§ 12-56 and 12-57 when they have actual knowledge that a violation of those sections has occurred. This designation of city engineering inspectors as code inspectors shall not be construed to prohibit the city from enforcing the provisions of §§ 12-56 and 12-57 by any other means.

The violation of any provision of this article shall be punishable by a fine not exceeding $500 or by imprisonment not exceeding 60 days or by both a fine and imprisonment.

(Ord. 40-94, 7-11-1994)

This article is enacted pursuant to the home rule powers of the City of Cape Coral, Florida, (F.S. § 166.021 and Article 8, § 2(b) of the Florida Constitution) in the interest of the health, peace, safety and general welfare of the people of the City of Cape Coral, Florida and under the authority of the City of Cape Coral to regulate the sale and consumption of alcoholic beverages under the Twenty-First Amendment of the United States Constitution and under the authority of the United States Constitution, the Florida Constitution and all statutes and laws enacted pursuant thereto.

It is the intent of this article to regulate sexually oriented businesses to promote the health, safety, morals and general welfare of the citizens of the city. It is further the intent of this article to prohibit public nudity and to restrict the location of sexually oriented businesses. The provisions of this article have neither the purpose nor the effect of imposing a limitation or restriction on the content of any communicative materials, including sexually oriented materials. Similarly, it is not the intent nor effect of this ordinance to restrict or deny access by adults to sexually oriented materials protected by the First Amendment of the United States Constitution, or to deny access by distributors and exhibitors of sexually oriented entertainment in their intended market; nor to prohibit nudity in truly private places or to prohibit nudity which is protected by the United States or Florida Constitutions.

The following words, terms and phrases, when used in this article, shall have the meanings set forth herein, except where the context clearly indicates a different meaning.

ALCOHOLIC BEVERAGES. All beverages containing more than 1% of alcohol by weight, including, but not limited to, beer and wine.

CONVICTION and/or CONVICTED. Any adjudication of guilt on whatever verdict or plea, including a plea of nolo contendere.

EMPLOYEE. Any person who is paid or employed, directly or indirectly, by a sexually oriented business, or its clients, patrons and/or agents, for the person's services to the sexually oriented business as owner, investor, manager, performer, clerical staff or any other position, whether the person is on the payroll, paid a salary, paid a commission or is an independent contractor or subcontractor.

NET FLOOR AREA. The area actually occupied not including accessory unoccupied areas such as corridors, stairs, closets, thickness of walls, columns, toilet room, mechanical area or other features.

NUDE or NUDITY.

(1)

Any person who is insufficiently clothed in any manner so that any of the following body parts are not entirely covered with a fully opaque covering:

a.

The male or female genitals;

b.

The male or female pubic area;

c.

The nipple and the areola of the female breast; or

d.

Cleavage of the human buttocks.

(2)

Body paint; body dyes; tattoos; liquid latex, whether wet or dried; and similar substances shall not be considered opaque covering.

PRE-EXISTING.

(1)

When used together with the term "sexually oriented business", "duplex dwelling", "multi-family dwelling", single-family dwelling", "school: non-profit, private, public or parochial- group I", "child care facility", "place(s) of worship", "religious facility", "commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol" means as follows:

a.

The foregoing business, dwelling, school, facility, place of worship, or establishment is already being lawfully used or lawfully occupied;

(Ord. 30-98, 5-18-1998)

b.

A building permit for the business, dwelling, school, facility, place of worship or establishment has been lawfully issued, all fees associated with the permit have been paid, and the permit has not expired; or

(Ord. 30-98, 5-18-1998)

c.

An application or plan to allow the business, dwelling, school, facility, place of worship or establishment to be constructed, used or occupied has been filed with the city and is undergoing review or is approved, with or without conditions.

(Ord. 30-98, 5-18-1998)

(2)

When used together with the term "park", the word PRE-EXISTING means as follows:

a.

The park is already being used; or

(Ord. 30-98, 5-18-1998)

b.

The park site has been approved or otherwise designated by the appropriate governing body.

(Ord. 30-98, 5-18-1998)

PRIMARY BUSINESS. Any single line business which derives at least 51% of its gross annual revenue, or which utilizes at least 51% of its net floor area to activities regulated by this article.

SEXUALLY ORIENTED BUSINESS. Any use which consists of trade in books, magazines, newspapers, periodicals or other printed matter; paintings, drawings, photographic material, films, motion pictures, video cassettes, video disks, slides, computer disks, tapes, programs or other graphic media; audio tapes, recordings, disks, telephone "sex talks," recorded messages; or live entertainment (not protected by the U.S. or Florida Constitutions) which is characterized by its emphasis on specified anatomical areas or on matter depicting, illustrating, describing or relating to specified sexual activities; or employs personnel who in the course of their duties exhibit specified anatomical areas as defined in this section. It may include, but is not limited to, the following:

(1)

ADULT PHOTOGRAPHIC STUDIO. A commercial establishment which offers or advertises the use of its premises for the purpose of photographing or exhibiting specified sexual activities or specified anatomical areas.

(2)

ADULT THEATER. A commercial establishment, which, as its primary business, or as a significant portion of its business, presents either filmed or live plays, dances or other exhibitions, either by individuals or groups, distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(3)

ARCADE. Any public place where coin operated or token operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors or other image producing devices are maintained to show images to one or more persons per machine at any one time, and where the images so displayed depict specified sexual activities or specified anatomical areas.

(4)

BOOKSTORE or VIDEO STORE. Any commercial establishment which as its primary business, or as a significant portion of its business, offers for sale or rental for any form of consideration, any books, magazines, newspapers, periodicals or other printed matter; paintings, drawings, photographic material, films, motion pictures, video cassettes, video disks, slides, computer disks, tapes, programs or other graphic media; audio tapes, recordings, disks, telephone "sex talks" or recorded messages; which is characterized by its emphasis on matters depicting, illustrating, describing or relating to specified sexual activities or on specified anatomical areas.

(5)

MOTELS. A hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and as a significant portion of its business provides patrons with access to material distinguished or characterized by an emphasis on specified sexual activities or specified anatomical areas.

(6)

NUDE STUDIO. Any place of business which, as a significant portion of its business, permits a person to appear nude for the purpose of being sketched, drawn, painted, sculpted, photographed or similarly depicted by other persons who pay money or any form of consideration.

(7)

RESTAURANT, DINNER THEATER, BAR, COCKTAIL LOUNGE or NIGHTCLUB. As defined in the City of Cape Coral Land Development Code whose business includes:

a.

Persons who exhibit specified anatomical areas; and/or

b.

Live performances which include specified sexual activities and/or the exhibition of specified anatomical areas.

(8)

SEXUAL ENCOUNTER CENTER. A commercial enterprise that, as its primary business or as a significant portion of its business, offers or exhibits physical contact in the form of wrestling or tumbling between persons of the opposite sex, or activities between male and female persons of the same sex when one or more of the persons appears in such a state that specified anatomical areas are visible.

SIGNIFICANT PORTION OF ITS BUSINESS. Any multiple line business which derives at least 10% of its gross annual revenue, or devotes 10% of its net floor area to activities regulated by this article.

(Ord. 30-98, 5-18-1998)

SPECIFIED ANATOMICAL AREAS. The following, when the areas are less than completely and opaquely covered:

(1)

The human genitals or pubic region;

(2)

Any part of the human buttocks; or

(3)

That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other wearing apparel, provided the areola is not exposed.

SPECIFIED ANATOMICAL AREAS. The human male genitals in a discernibly erect or turgid state, even if completely and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES. The following:

(1)

Human genitals in a state of sexual stimulation, arousal, erection or tumescence;

(2)

Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast;

(3)

Acts of human anilingus, bestiality, buggery, cunnilingus, coprophagy, coprophilia, fellation, flagellation, masochism, masturbation, necrophilia, pederasty, pedophilia, sadism, sadomasochism, sapphism, sexual intercourse, sodomy, urolagnia; or

(4)

Excretory functions as part of or in connection with any of the activities set forth in the foregoing paragraphs.

STRADDLE DANCE. Also known as LAP DANCE or FACE DANCE. The use, by an employee of a sexually oriented business, of any part of his or her body to touch the genital or pubic area of another person while at the establishment; or the touching of the genital or pubic area of any employee by another person while at the establishment. Such "touch" or "touching" shall be deemed a STRADDLE DANCE regardless of whether the "touch" or "touching" occurs while the employee is displaying or exposing any specified anatomical area and also regardless of whether the "touch" or "touching" is direct or through a medium.

TRANSFER OF OWNERSHIP OR CONTROL OF SEXUALLY ORIENTED BUSINESS. The sale, lease or sublease of the business; the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange or similar means; or the establishment of a trust, gift or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 30-98, 5-18-1998)

It shall be unlawful for any person to knowingly, intentionally or recklessly appear, or cause another person to appear, nude in a public place or in any other place which is readily visible to the public, except as provided in § 12-64. It shall also be unlawful for any person or entity maintaining, owning or operating any public place establishment to encourage, suffer or allow any person to appear nude in such public place, except as provided in § 12-64.

The prohibitions of § 12-65 of this article shall not apply:

(a)

When a person appears nude in a place provided or set apart for nudity, provided:

(1)

The person is nude for the sole purpose of performing the legal function(s) that is (are) customarily intended to be performed within the place provided or set apart for nudity; and

(2)

The person is not nude for the purpose of obtaining money or other financial gain for the person or for another person or entity.

(b)

When the conduct of being nude cannot legally be prohibited by this article:

(1)

Because it constitutes a part of a bona fide live communication, demonstration or performance by a person wherein such nudity is expressive conduct incidental to and necessary for the conveyance or communication of a genuine message or public expression and is not a mere guise or pretense utilized to exploit the conduct of being nude for profit or commercial gain and as such is protected by the United States and Florida Constitutions; or

(2)

Because it is otherwise protected by the United States or Florida Constitution.

(a)

Subject to the limitations contained in division (b) hereof, a sexually oriented business may be located only in the Industrial (I-1) and Thoroughfare Commercial (C-3) zoning districts.

(b)

The location of a sexually oriented business shall be subject to the following limitations.

(1)

No sexually oriented business shall be located within 1,000 feet of another sexually oriented business.

(2)

No sexually oriented business shall be located within 300 feet of any of the following zoning districts:

a.

Single-Family Residential (R-1A and R-1B);

b.

Multi-Family Residential (R-3);

c.

Residential Development (RD);

d.

Residential Estate (RE);

e.

Residential Receiving (RX); and

f.

Places of Worship (W);

(3)

No sexually oriented business shall be located within 300 feet of the following preexisting land uses: "Duplex dwelling", "multi-family dwelling", "single-family dwelling", "school: non-profit, private, public or parochial- group I", "child care facility", "places of worship", "religious facility" or "park." [See § 4.1.6, and Article 11 of the City of Cape Coral Land Development Code.] In addition, no sexually oriented business shall be located within 300 feet of any pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, including but not limited to, bottle clubs, nightclubs, package stores, bars, or lounges.

(Ord. 30-98, 5-18-1998)

(4)

The distances specified herein shall be measured from the property line of the parcel on which the sexually oriented business is located to the property line of the zoning districts identified in subsection (B)(2) above, of the parcel containing any of the uses specified in subsection (B)(3) above, of the parcel containing any pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or of the parcel containing another sexually oriented business. The distance shall be measured in a straight line between the nearest point on said property lines. However, in the event the sexually oriented business is located or proposed to be located in a multi-use building or structure which also contains a use specified in subsection (B)(3) above, a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or another sexually oriented business, the distance shall be measured from the closest portion of the building or structure utilized or to be utilized for the sexually oriented business to the closest portion of the building or structure utilized for a use specified in subsection (B)(3) above, utilized for a pre-existing commercial establishment that in any manner sells or dispenses alcohol for on-premises consumption or that allows the on-premises consumption of alcohol, or utilized for another sexually oriented business.

(Ord. 30-98, 5-18-1998)

(5)

A sexually oriented business shall comply with all applicable requirements of the zoning district in which the business is located or proposed to be located, in addition to the requirements of this article. Nothing in this section shall be construed to permit the operation of any business or the performance of any activity prohibited under any other section of this article. Nothing in this article shall be construed to authorize, allow or permit the establishment of any business, the performance of any activity, or the possession of any item, which is obscene under the judicially established definition of obscenity.

(Ord. 30-98, 5-18-1998)

(a)

Sexually oriented businesses that have established or commenced business at their existing locations on or before the effective date of this article, and which are not in conformity with the location requirements of § 12-65, may continue to operate for 12 months after the effective date of this article, unless terminated sooner for failure to obtain the permits required by this article, voluntary discontinuation of busi-ness for a period of 30 days or more, or suspension or revocation of the sexually oriented business permit. The non-conforming sexually oriented businesses shall not be increased, enlarged, extended or altered except that the use may be changed to a conforming use. After 12 months from the effective date of this article, a non-conforming sexually oriented business shall be deemed to be operating in violation of this article.

(b)

If two or more sexually oriented businesses are within 1,000 feet of one another, but both are otherwise in a permissible location, the sexually oriented business which has been in continual operation at the particular location for the longest period is the conforming use and the later-established sexually oriented business is the non-conforming use. For purposes of this article, a sexually oriented business shall be deemed to have been in "continual operation" provided it has been open to the public for business continually with no break in service longer than 14 consecutive days.

(c)

A sexually oriented business that is lawfully operating or permitted to operate as a conforming use shall not be rendered a non-conforming use through the subsequent location of one of the land uses identified in § 12-65(B)(3) or of one of the zoning districts identified in § 12-65(B)(2).

(a)

Permit required. No sexually oriented business, as defined in this article, shall be allowed to commence or continue to operate without first obtaining a valid sexually oriented business permit. Any person desiring to locate, operate or continue operation of any sexually oriented business shall be required to obtain a permit from the city before the establishment, commencement or continuation of the business. Sexually oriented businesses which have been established or have commenced business at their existing locations prior to the effective date of this article shall be required to obtain a sexually oriented business permit from the city within 90 days from the effective date of this article.

(b)

Fee. A fee in the amount of $300 shall be charged for each sexually oriented business use permit application to cover administrative expenses. The fee shall be separate and distinct from business licenses, local business tax receipts or other building licenses or fees.

(c)

Permit applications.

(1)

Applications for permits to operate sexually oriented businesses shall be submitted to the city, together with the appropriate application fee, by the owner of the business on forms supplied by the Department of Community Development.

(2)

All applications for permits to operate sexually oriented businesses shall include the following:

a.

If the applicant is an individual, his or her legal name and any and all aliases;

b.

If the applicant is a partnership, the full name of all partners whether general or limited, as well as any and all aliases of the partners;

c.

If the applicant is a corporation, the official corporate name and state of incorporation, and the names and aliases of all officers, directors and shareholders;

d.

The name under which the business will be operated and a general description of the services or goods to be provided. If the applicant intends to conduct the business under a name other than that of the applicant, the establishment's fictitious name and proof that the applicant has complied with the Fictitious Name Law;

e.

The telephone number(s) of the business;

f.

The address and legal description of the property occupied or proposed to be occupied by the business. If only a portion of the premises is to be used for the sexually oriented business, the applicant shall also submit a sketch or description indicating the portion of the premises that will be used by the business;

g.

If the applicant is not the record owner of the subject parcel, the applicant must include a letter, signed by the record owner in the presence of a notary, stating that the applicant is authorized to seek a sexually oriented business permit for the premises;

h.

A map showing the location of all of the following existing uses which are within 300 feet of the proposed location: "School: non-profit, private, public or parochial-group i", "child care facility", "places of worship", "religious facility" or "park." The map shall also show the location of all other sexually oriented businesses which are located within 1,500 feet of the proposed location for which the permit is being sought;

i.

The application must be accompanied by a plan or diagram which shows the configuration of the premises, including a statement of the total floor space to be occupied by the sexually oriented business in relation to the total floor space of the premises. The plan or diagram must be drawn to a designated scale or drawn with marked dimensions of the interior of the premises to an accuracy of plus or minus six inches;

j.

If the applicant's proposed permit is for an existing sexually oriented business, the date of commencement of operation as such use as well as the date(s) of any breaks in operation of longer than 14 days' duration; and

k.

Disclosure of any criminal convictions within the previous five years of the owner, manager, clerk or operator, employee, partner, officer or director of the business, or any person who has a financial interest in the business. For purposes of this section, a person shall be deemed to have a "financial interest" in the business if he or she shares in any financial gain attributable to the business on the basis of a percentage in excess of 5% of gross revenues or 10% of net revenue or, for a corporation, if he or she is a shareholder holding more than 5% of the shares thereof.

(3)

In addition to the above application information, the applicant shall also submit to having his or her fingerprints taken and allow for a photograph to be taken by the city's Police Department. The fingerprints and photographs shall be attached to and form a part of the application for a permit to operate a sexually oriented business.

(4)

Upon receipt of a completed application, the Department of Community Development shall verify the accuracy of the map and plan submitted with the application.

(5)

The city's Police Department shall check for any convictions within the previous five years of any owner, manager, operator, partner, officer, director, stockholder or other person with a financial interest in the business, for any of the following crimes or offenses:

a.

Sexual battery;

b.

Prostitution;

c.

Lewdness;

d.

Sexual abuse of a child;

e.

Incest;

f.

Disorderly conduct ordinances;

g.

Indecent behavior;

h.

Previous violations of this article; and

i.

An offense under an analogous statute of a state other than Florida, or under an analogous ordinance of any county or municipality.

(6)

If the city determines that the applicant has not properly and/or fully completed the application for a sexually oriented business permit, then the city shall promptly notify the applicant of the fact and shall allow the applicant ten days to properly and fully complete the application. If the applicant then fails to properly and fully complete the application within the ten day time period, then the application shall be deemed to have been withdrawn by the applicant. The time period for granting or denying a permit shall be stayed during the period allowed to properly and fully complete the application.

(7)

The applicant shall be responsible for keeping the information provided to the city on the application current. Any change in any of the information contained on the application shall be reported by the applicant in writing to the city within three business days.

(d)

Issuance of permit.

(1)

All permit applications shall be acted upon by the city within 30 days from the date of filing of a properly completed application. Upon the expiration of the thirty-first day, the applicant may be permitted to begin operation of the establishment for which a permit is sought unless and until the city notifies the applicant of a denial of the application and states the reasons for that denial.

(2)

The city shall grant the application unless one or more of the criteria set forth in subsection (e) below is present. The permit, if granted, shall state on its face the name of the person or persons to who it is granted, the expiration date, and the address of the sexually oriented business. The permit shall be posted in a conspicuous place at or near the entrance of the sexually oriented business so that it is easily read at all times.

(e)

Denial of application for permit.

(1)

The city shall deny the application for any one or more of the following reasons:

a.

The application contains material false information;

b.

The applicant has had a permit under this article which has been suspended or revoked;

c.

The granting of the application would violate a statute, ordinance or court order;

d.

The proposed use does not conform to the distance and zoning location requirements of this article;

e.

The applicant, or any owner, manager, operator, partner, officer, director, stockholder or other person with a financial interest in the business has been convicted of one or more of the offenses listed in § 12-67(c)(5) for which:

1.

Less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is for a misdemeanor offense;

2.

Less than five years have elapsed since the date of conviction or the date of release from confinement for conviction, whichever is the later date, if the conviction is for a felony offense; or

3.

Less than five years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date if the convictions are for two or more misdemeanor offenses or combination of misdemeanor offenses occurring within any 24 month period. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant. An applicant who has been convicted of a specified criminal act may qualify for a sexually oriented business permit only when the time period required by this subsection has elapsed.

(2)

If the city denies the application, the applicant shall be notified, in writing, of the denial. The reason(s) for the denial shall be stated in the written notification.

(3)

If a person applies for a permit at a particular location within a period of nine months from the date of denial of a previous application for a permit at the location, and there has not been any intervening change in the circumstances which would lead to a different decision regarding the previous reason(s) for denial, the application shall be rejected.

(f)

Transfer of permit.

(1)

A sexually oriented business permit is not transferable to another person by surrendering possession, control or operation of the permitted establishment. A sexually oriented business permit may be transferred to another person only upon satisfaction of the following requirements:

a.

A permit transfer is applied for to the Department of Community Development by filing an application which includes the information required for an original application, and the application has been approved by the city;

b.

The applicant presents satisfactory proof that control of the establishment has been or will be transferred through a bona fide sale, rental or other transaction; and

c.

A transfer fee of 10% of the annual permit fee is paid.

(2)

No permit may be transferred pursuant to this section when the Department of Community Development has notified the permittee that suspension or revocation proceedings have been or will be brought against the permittee.

(3)

A permittee shall not transfer his or her permit to another location.

(4)

Any attempted transfer of a permit either directly or indirectly in violation of this section is hereby declared void and shall be grounds for revocation of the permit by the city.

(g)

Suspension.

(1)

In the event the city learns or finds upon sufficient cause that a permitted sexually oriented business establishment is operating in violation of a building, fire, health or zoning statute, code, ordinance or regulation, whether federal, state or local, the city shall promptly notify the permittee of the violation and allow the permittee a seven day period in which to correct the violation. If the permittee fails to correct the violation before the expiration of the seven day period, the city shall notify the Police Department, who shall forthwith suspend the permit and shall notify the permittee of the suspension. The suspension shall remain in effect until the Department of Community Development notifies the Police Department in writing that the violation of the provision in question has been corrected.

(2)

In the event the city learns or finds upon sufficient evidence that a permittee engaged in a permit transfer contrary to the provisions of this ordinance, the Police Chief shall forthwith suspend the permit and notify the permittee of the suspension. The suspension shall remain in effect until the city is satisfied that the requirements of this article concerning permit transfer have been satisfied.

(h)

Revocation.

(1)

The city shall revoke a permit upon determining that:

a.

A permittee submitted false or misleading information in the permit application process;

b.

A permittee or an employee has knowingly allowed possession, use or sale of controlled substances by an employee or patron on the premises, which possession, use or sale has resulted in a conviction;

c.

A permittee or an employee has knowingly allowed an employee or patron to engage in prostitution on the premises, which prostitution has resulted in a conviction;

d.

A permittee or an employee knowingly operated the sexually oriented business during a period of time when the permittee's permit was suspended;

e.

A permittee has been convicted of one of the offenses or crimes listed in § 12-67(c)(5) and the time period required in § 12-67(h) has not elapsed;

f.

On two or more occasions within a 12 month period, a person or persons, while employed by the sexually oriented business, committed an offense listed in § 12-67 in or on the permitted premises and has been convicted of same;

g.

A permittee has attempted to transfer the permit in violation of the terms of this ordinance when he or she knows or reasonably should know that the transfer is in violation of this article;

h.

A permittee has failed to comply with any provision of this article; or

i.

A violation which is cause for a suspension of the permit occurs within 12 months from the date of a prior suspension of the permit, regardless of whether the prior suspension was for the same violation.

(2)

The fact that a conviction is being appealed shall have no effect on the revocation of the permit. However, if a conviction is overturned as a result of the appeal, then the sexually oriented business permit shall be reinstated.

(3)

When the city revokes a permit, the revocation shall continue for one year; and the permittee shall not be issued a sexually oriented business permit for one year from the date the revocation became effective. If the permit was revoked under subsection (h)(2)e. of this section, an applicant may not be granted another permit until the number of years required under § 12-67(h) has elapsed.

(Ord. 169-06, 12-11-2006)

State Law reference— Similar provisions F.S. §§ 794.011 et seq., 796 et seq., 800.02 et seq., 794.005 et seq., 826.04 et seq.

(a)

An applicant or permittee may file an appeal of the denial, suspension or revocation of a permit to operate a sexually oriented business to the City Council within ten business days of the denial, suspension or revocation. If no appeal request is filed within the ten day period, then the applicant or permittee shall be deemed to have waived his or her right to an administrative review of the denial, suspension or revocation of the escort service permit.

(b)

An appeal of a sexually oriented business permit denial, suspension or revocation shall be heard at a regular meeting of the City Council. The City Council shall be the final administrative review agency with respect to the denial, suspension or revocation of a sexually oriented business permit. At the hearing on the appeal, the applicant or permittee shall have the opportunity to be heard concerning the denial, suspension or revocation of the permit, and the decision of the City Council shall be final.

(a)

All sexually oriented businesses shall maintain current and complete records of all of their employees and/or independent contractors. These records shall be maintained for all current employees and/or independent contractors as well as for all persons who have worked as employees and/or independent contractors of the sexually oriented business within the previous 36 months. These records shall include, but not be limited to, the following information for each employee and/or independent contractor of the sexually oriented business:

(1)

Name, including any aliases, of employee and/or independent contractor;

(2)

Home address of employee and/or independent contractor;

(3)

Home telephone number of employee and/or independent contractor;

(4)

Any other business address, business telephone number, employment position and employer;

(5)

Any criminal record, including but not limited to, any prior arrests and convictions;

(6)

Physical description of employee and/or independent contractor, including, but not limited to, gender (sex), race, hair color, eye color, weight and height;

(7)

Florida driver's license or Florida identification card (issued by the State of Florida Department of Highway Safety and Motor Vehicles) number of the employee and/or independent contractor;

(8)

Social Security number of employee and/or independent contractor;

(9)

Date of birth of employee and/or independent contractor; and

(10)

A recent photograph of the employee and/or independent contractor.

(b)

The records concerning employees and independent contractors required to be maintained by this article shall be kept and maintained at the business location of the sexually oriented business. The permittee of the sexually oriented business shall be responsible for ensuring that a person who knows the location of the original records, or the true and correct photocopies thereof, is present at the premises of the sexually oriented business at all times during all hours of operation.

(c)

In order to insure compliance with the provisions of this article, the aforesaid records of the sexually oriented business shall be held open and available for reasonable inspection at the business location of the sexually oriented business, upon request and without court order to members of the city's Police Department, the city's Department of Community Development or any other duly authorized law enforcement agency.

(a)

No permit for the operation of a sexually oriented business shall be issued to any person under the age of 18 years.

(b)

No permittee shall employ any individual under the age of 18 years in relation to the operation of the sexually oriented business. In addition, no permittee shall utilize the services of an individual under the age of 18 years as an independent contractor in relation to the operation of the sexually oriented business.

It shall be unlawful for any person to act as an employee, independent contractor or subcontractor, of a sexually oriented business that he or she knows or should know does not have a valid permit under this code or which has a permit which is under suspension, has been revoked, canceled, improperly transferred or has expired, or which does not have each applicable sexually oriented business permit conspicuously displayed.

It shall be unlawful for an operator or employee of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow a person under 18 years of age to:

(a)

Enter or remain in the premises of the sexually oriented business; or

(b)

Purchase goods or services from the sexually oriented business.

It shall be unlawful for any person maintaining, owning or operating a commercial establishment located within the boundaries of the City of Cape Coral, Florida at which alcoholic beverages are offered for sale or where the consumption of alcoholic beverages is permitted on the premises:

(a)

To suffer or permit any person, while on the premises of the establishment, to expose to public view any specified anatomical areas;

(b)

To suffer or permit any person, while on the premises, to employ any device or covering which is intended to give the appearance of or simulate any specified anatomical areas;

(c)

To suffer or permit any person, while on the premises of said establishment, to engage in any specified sexual activities; and

(d)

To suffer or permit the display of any materials which are characterized by their emphasis on matters depicting, illustrating, simulating, describing or relating to specified sexual activities or specified anatomical areas.

(a)

It shall be unlawful for an employee of a sexually oriented business to commit any of the following acts or for an owner or operator of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow any employee to commit any of the following acts:

(1)

Engage in a straddle dance with a person in the establishment;

(2)

Offer, contract or otherwise agree to engage in a straddle dance with a person at the establishment;

(3)

Engage in any specified sexual activity at the establishment;

(4)

Engage in public nudity in violation of § 12-63 of this article;

(5)

Display or expose specified anatomical areas at the establishment while the employee is not continuously positioned at least three feet away from all other persons;

(6)

Display or expose specified anatomical areas at an establishment where alcoholic beverages are sold, offered for sale or consumed;

(7)

Display or expose any specified anatomical area while simulating any specified sexual activity with any other person; or

(8)

Intentionally touch any person at the establishment while engaged in the display or exposure of any specified anatomical area.

(b)

It shall be unlawful for any person in a sexually oriented business to intentionally touch an employee who is displaying or exposing any specified anatomical area. Further, it shall be unlawful for an owner or operator of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow a person to commit the touching in the premises of the sexually oriented business.

(c)

It shall be unlawful for any person in a sexually oriented business to intentionally touch the clothed or unclothed breast of any female employee, or to touch the clothed body of any employee at any point below the waist or above the knee. Further, it shall be unlawful for an owner or operator of a sexually oriented business to knowingly, or with reason to know, permit, suffer or allow a person to commit the touching in the premises of the sexually oriented business.

All permits issued by the city pursuant to this article shall be valid from the date of issuance until the following September 30. All such permits shall be sold by the city beginning September 1 of each year and shall be due and payable on or before October 1 of each year and shall expire on September 30 of the succeeding year. In the event that October 1 falls on a weekend or holiday, the permit fee shall be due and payable on or before the first working day following October 1. The permit fee may be prorated in the event a permit is issued after October 1 (or the first working day following October 1), but prior to September 1 of the succeeding year. Any permit not renewed when due and payable shall be considered delinquent and subject to a delinquent penalty which shall be established by resolution of the City Council. The delinquency penalty may be adjusted, from time to time, by subsequent resolutions of the City Council. In addition, the failure to renew a permit when due and payable may be grounds for revocation of a permit.

Nothing in this article shall be construed to relieve the applicant or permittee of the responsibility to apply for and obtain any other license or permit otherwise required by law to engage in a sexually oriented business within the city.

The provisions of this article may be enforced by:

(a)

A suit brought by the city in the circuit court to restrain, enjoin or prevent a violation of this article;

(b)

Enforcement proceedings by the city's Code Enforcement Board; or

(c)

The imposition of the penalties as provided in § 12-78 of this code.

(Ord. 30-98, 5-18-1998)

The violation of any provision of this article shall be punishable by a fine not exceeding $500, by imprisonment not exceeding 60 days or by both a fine and imprisonment.

(a)

Repeat sexual offenders, sexual offenders who use physical violence and sexual offenders who prey on children are sexual predators who present an extreme threat to the public safety. Sexual offenders have used physical violence and repeated their offenses, and most sexual offenders commit many offenses, have many more victims than are ever reported, and are prosecuted for only a fraction of their crimes. This makes the cost of sexual offender victimization to society at large, while incalculable, clearly exorbitant.

(b)

It is the intent of this article to serve the city's compelling interest to promote, protect and improve the health, safety and welfare of the citizens of the city by creating areas around locations where children regularly congregate in concentrated numbers wherein certain sexual offenders and sexual predators are prohibited from establishing temporary or permanent residence.

(Ord. 21-07, 2-26-2007)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this article, except where the context clearly indicates a different meaning.

CONVICTED. A determination of guilt which is the result of a trial or the entry of a plea of guilty or nolo contendere, regardless of whether adjudication is withheld. A conviction for a similar offense includes, but is not limited to, a conviction by a federal or military tribunal, including courts- martial conducted by the Armed Forces of the United States, and includes a conviction or entry of a plea of guilty or nolo contendere resulting in a sanction in any state of the United States or other jurisdiction. A sanction includes, but is not limited to, a fine, probation, community control, parole, conditional release, control release or incarceration in a state prison, federal prison, private correctional facility or local detention center.

PARK. For purposes of this article, park shall have the same meaning as defined in F.S. § 775.215(1), as may hereafter be amended, and shall include playgrounds.

PERMANENT RESIDENCE. A place where the person abides, lodges or resides for five or more consecutive days. Once established, PERMANENT RESIDENCE continues so long as the person abides, lodges or resides at the same address on a continuous basis. The expiration and immediate renewal of a lease or other periodic tenancy for occupancy at the established permanent residence shall not interrupt the permanent residence status so long as the renewal occurs immediately upon expiration of the lease or other periodic tenancy.

PLAYGROUND. For purposes of this article, playground shall have the same meaning as defined in F.S. § 775.215(1), as may hereafter be amended.

SCHOOL. For purposes of this article, school shall have the same meaning as defined in F.S. § 775.215(1), as may hereafter be amended, and shall include child care facilities. CHILD CARE FACILITY shall include a "child care facility", as defined in F.S. § 402.302(2), a "family day care home", as defined in F.S. § 402.302(8), and a "large family child care home", as defined in F.S. § 402.302(11), all as may hereafter be amended.

TEMPORARY RESIDENCE. A place where the person abides, lodges or resides for a period of five or more days in the aggregate during any calendar year and which is not the person's permanent address, or for a person whose permanent residence is not in this state, a place where the person is employed, practices a vocation or is enrolled as a student for any period of time in this state.

(Ord. 21-07, 2-26-2007; Ord. 58-16, § 1, 12-5-2016)

(a)

It is unlawful for any person who has been convicted of a violation or attempted violation of F.S. § 794.011, 800.04, 827.071, 847.0135(5), or 847.0145 in which the victim of the offense was less than 16 years of age, or convicted of any felony sexual offense in any state in the United States in which the victim of the offense was less than 16 years of age, as that term was applied and used by the state in which the person was convicted, to establish a permanent residence or temporary residence within 2,500 feet of any school or park.

(Ord. 58-16, § 2, 12-5-2016)

(b)

It is unlawful for any person who is required to register as a sexual predator under the laws of the State of Florida, to establish a permanent residence or temporary residence within 2,500 feet of any school or park.

(c)

For purposes of determining the minimum distance separation, the requirement shall be measured by following a straight line from the nearest point on the property line of the parcel of land on which the permanent residence or temporary residence is located to the nearest point on the property line of the parcel on which the school or park is located.

(d)

A person who violates this section shall be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 60 days, or by both the fine and imprisonment; for a second or subsequent conviction of a violation of this section, the person shall be punished by a fine not to exceed $1,000 or imprisonment in the county jail not more than 12 months, or by both the fine and imprisonment.

(e)

A person residing within 2,500 feet of any school or park does not commit a violation of this section if any of the following apply:

(1)

The person established the permanent residence and reported and registered the residence pursuant to F.S. §§ 775.21, 943.0435 or 944.607, prior to the effective date of this section;

(2)

The person was a minor when he or she committed the offense and was not convicted as an adult;

(3)

The person is a minor; or

(4)

The school or park within 2,500 feet of the person's permanent residence or temporary residence was opened after the person established the permanent residence and the residence was reported and registered pursuant to F.S. §§ 775.21, 943.0435 or 944.607.

(Ord. 21-07, 2-26-2007)

(a)

It is unlawful to let or rent any place, structure or part thereof, trailer or other conveyance, with the knowledge that it will be used as a permanent residence or temporary residence by any person prohibited from establishing the permanent residence or temporary residence pursuant to this article, if the place, structure or part thereof, trailer or other conveyance, is located within 2,500 feet of any school or park.

(Ord. 58-16, § 3, 12-5-2016)

(b)

A property owner's failure to comply with provisions of this section shall constitute a violation of this section, and shall subject the property owner to the code enforcement provisions and procedures provided in § 2-81 through 2-96 of the City of Cape Coral Code of Ordinances including, but not limited to, any and all provisions that allow the city to seek relief as otherwise provided by law.

(Ord. 7-06, 1-30-2006; Ord. 21-07, 2-26-2007)

It is the purpose and intent of the city to establish a process to address the amount of abandoned real property located within the city. It is the city's further intent to specifically establish an abandoned real property program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance and security of abandoned properties.

(Ord. 139-08, 12-15-2008)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

ABANDONED REAL PROPERTY. Any property that is vacant and is under a current notice of default and/or notice of mortgagee's sale by the lender or the subject of a tax lien certificate sale and/or properties that have been the subject of a foreclosure sale where the title was retained by the beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure or sale.

ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached gate, fence, wall, etc.

ACCESSIBLE STRUCTURE. A structure/ building that is unsecured and/or breached in such a way as to allow access to the interior space by unauthorized persons.

EVIDENCE OF VACANCY. Any condition that on its own, or combined with other conditions present, would lead a reasonable person to believe that the property is vacant. Such conditions may include, but not be limited to, overgrown and/or dead vegetation, accumulation of abandoned personal property, statements by neighbors, passers-by, delivery agents or government agents, among other evidence that the property is vacant.

FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at public sale to satisfy the debt if the borrower defaults.

INSPECTION. A close viewing of the property and the exterior of any structures located thereon placed as security for a real estate loan and includes a viewing of any interior portions of the structure which are visible from the outside of the structure. However, an inspection does not require an entry into any structure for purpose of viewing the interior.

PROPERTY MANAGEMENT COMPANY. A property manager, property maintenance company or similar entity responsible for the maintenance of abandoned real property.

VACANT. Any building or structure that is not legally occupied.

(Ord. 139-08, 12-15-2008; Ord. 7-09, 3-9-2009)

This chapter shall be considered cumulative and not superseding or subject to any other law or provision for same, but shall rather be an additional remedy available to the city above and beyond any other state, county and/or local provisions for same.

(Ord. 139-08, 12-15-2008)

Any person who shall violate the provisions of this chapter shall, upon conviction, be punished as provided in the Code of Ordinances and the Land Development Regulations, including § 2-85 of the Code of Ordinances and § 10.2 of the Land Development Regulations, as applicable. It shall be an affirmative defense to an alleged violation of § 12-97 that the mortgage documents do not give the lender a right to enter upon and maintain the property which is the subject of the mortgage.

(Ord. 139-08, 12-15-2008; Ord. 7-09, 3-9-2009; Ord. 32-09, 6-8-2009)

All abandoned real property is hereby declared to be a public nuisance, the abatement of which pursuant to the police power is hereby declared to be necessary for the health, welfare and safety of the residents of the city.

(Ord. 139-08, 12-15-2008)

(a)

Any mortgagee who holds a mortgage on real property located within the city shall perform an inspection of the property that is the security for the mortgage, upon default by the mortgagor, prior to the issuance of a notice of default. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten days of the inspection, register the property with the Director of Community Development, or the Director's designee, on forms provided by the city. A separate registration is required for each vacant property.

(b)

If the property is occupied but remains in default, it shall be inspected by the mortgagee or the mortgagee's designee monthly until

(1)

The mortgagor or other party remedies the default, or

(2)

It is found to be vacant or shows evidence of vacancy at which time it is deemed abandoned, and the mortgagee shall, within ten days of that inspection, register the property with the Director of Community Development, or the Director's designee, on forms provided by the city.

(c)

Registration pursuant to this section shall contain the name of the mortgagee, the direct mailing address of the mortgagee, a direct contact name and telephone number of mortgagee's contact, a facsimile number and e-mail address and, in the case of a corporation or out-of-area mortgagee, the property management company responsible for the security and maintenance of the property.

(d)

An annual registration fee shall accompany the registration form(s) in the following amounts:

(1)

If title to the property is in the name of the defaulting mortgagor at the time registration is required then the fee shall be in the amount of $150, per property;

(2)

If title to the property is in the name of a person or entity other than the defaulting mortgagor at the time registration is required and the property is then currently listed for sale with a Florida registered real estate brokerage firm or Florida licensed real estate agent then the fee shall be waived although registration shall still be required;

(3)

In all other cases the fee shall be in the amount of $50, per property.

(e)

This section shall also apply to properties that have been the subject of a foreclosure sale where the title was transferred to the mortgagee/ beneficiary of a mortgage involved in the foreclosure and any properties transferred under a deed in lieu of foreclosure/sale.

(f)

Properties subject to this section shall remain under the annual registration requirement, security and maintenance standards of this section as long as they remain vacant.

(g)

Any person or corporation that has registered a property under this section must report any change of information contained in the registration within ten days of the change.

(h)

Any mortgagee who holds a mortgage on real property located within the city which is in default and the subject of an outstanding notice of default as of March 1, 2009 shall perform an inspection of the property by May 1, 2009. If the property is found to be vacant or shows evidence of vacancy, it shall be deemed abandoned and the mortgagee shall, within ten days of the inspection, register the property with the Director of Community Development, or the Director's designee, on forms provided by the city. A separate registration is required for each vacant property. If the property is occupied but remains in default, it shall thereafter be subject to the re-inspection requirements as set forth in division (b) above.

(Ord. 139-08, 12-15-2008; Ord. 32-09, 6-8-2009)

(a)

The exteriors of the properties subject to this chapter shall be kept free of weeds, overgrown brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state, or local law, discarded personal items included, but not limited to, furniture, clothing, large and small appliances, printed material or any other items that give the appearance that the property is abandoned.

(b)

The exteriors of the property shall be maintained free of graffiti or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior structure.

(c)

Front, side, and rear yard landscaping shall be maintained in accordance with the city's standard at the time registration was required.

(d)

Landscape shall include, but not be limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod.

(e)

Maintenance shall include, but not be limited to, watering, cutting, and mowing of required landscape and removal of yard waste.

(f)

Pools and spas shall be maintained so the water remains free and clear of pollutants and debris. Pools and spas shall comply with the enclosure requirements of the City Code of Ordinances and Florida Building Code, as amended from time to time.

(g)

Failure of the mortgagee or property owner of record to properly maintain the property may result in a violation of the City Code and issuance of a citation or notice of violation/notice of hearing by a city's code enforcement officer. Pursuant to a finding and determination by the city's special magistrate, the city may take the necessary action to ensure compliance with this section.

(Ord. 139-08, 12-15-2008; Ord. 7-09, 3-9-2009)

(a)

Properties subject to this section shall be maintained in a secure manner so as not to be accessible to unauthorized persons.

(b)

A "secure manner" shall include, but not be limited to, the closure and locking of windows, doors, gates and other openings of such size that may allow a child to access the interior of the property or structure. Broken windows shall be secured by reglazing or boarding of the window.

(c)

If the property is owned by a corporation or out of area mortgagee, a property management company shall be contracted to perform monthly inspections to verify compliance with the requirements of this section, and any other applicable laws.

(d)

The property management company shall inspect the property on a monthly basis to ensure that the property is in compliance with this chapter. Upon the request of city, the property management company shall provide a copy of the inspection reports to the code enforcement division.

(e)

Failure of the mortgagee or property owner of record to properly maintain the property may result in a violation of the City Code and issuance of a citation or notice of violation/notice of hearing by a city's code enforcement officer or adjudication of such violation by county court. Pursuant to a finding and determination by the city's special magistrate or adjudication by county court, the city may take the necessary action to ensure compliance with this section.

(Ord. 139-08, 12-15-08; Ord. 7-09, 3-9-2009)

The Director of Community Development, or the Director's designee, shall have authority to require the mortgagee and/or owner of record of any property affected by this section, to implement additional maintenance and/or security measures including, but not limited to, securing any and all door, window or other openings, employment of an on-site security guard, or other measures as may be reasonably required to help prevent further decline of the property.

(Ord. 139-08, 12-15-2008)

The City Manager, consistent with City Manager's duties and authorities under the City Charter and Code of Ordinances, including those duties and authorities relating to emergency situations, is authorized and empowered to adopt rules and regulations and expend city funds as may be reasonably necessary and available to carry out the terms of this chapter, the expenditure of such funds being declared a proper municipal purpose.

(Ord. 139-08, 12-15-2008)

The purpose of this article is to establish regulations and to create a mechanism for the establishment of maximum permissible rates which may be charged for the towing and storage of motor vehicles or vessels and vehicle immobilization by private persons not acting at the behest of local, county, state, or federal government without the consent of the vehicle or vessel owner or custodian of the vehicle or vessel.

(Ord. 89-10, 12-13-2010)

The provisions of this article shall not apply to:

(a)

The towing of vehicles or vessels pursuant to any towing or service provider agreement to which the city is a party.

(b)

The towing of vehicles or vessels from property obviously a part of a single-family residence.

(c)

The towing of vehicles or vessels when notice is personally given to the owner or other legally authorized person in control of the vehicle or vessel that the area in which that vehicle or vessel is parked is reserved or otherwise unavailable and that unauthorized vehicles or vessels are subject to being removed at the owner's or operator's expense.

(d)

Law enforcement, firefighting, rescue squad, ambulance, or other emergency vehicles or vessels that are marked as such or to vehicles or vessels owned by any governmental entity.

(e)

Vehicle immobilization pursuant to § 12-84 of the City of Cape Coral, Florida, Code of Ordinances.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

ADMINISTRATIVE LIEN FEE. The fee that is charged by a towing company for title records, conducting a lien search, advertising costs, and certified mail notification to the lien holder, owner, and all persons with a vested interest in the vehicle and charges against a vehicle or vessel as required by F.S. § 713.78.

CITY. The City of Cape Coral.

HOURLY RATE. The allowable amount a towing company may charge for waiting or working time on scene after the first 30 minutes.

IMMOBILIZATION. The impounding, incapacitating, or immobilizing of any vehicle, whether motorized or not, without the permission of the owner or agent of the owner of the vehicle by the use of any device, wheel clamp, object, barrel, "car boot", mechanism, or method either attached to the vehicle, or not, by the owner or agent of the property upon which the vehicle is parked, that does not allow the owner of the vehicle, or his or her authorized agent, to freely move the vehicle from the place where it is immobilized.

MILEAGE CHARGE. The allowable amount a towing company may charge for mileage for Nonconsensual Private Towing Services from the point of removal to the Storage Facility.

NONCONSENSUAL PRIVATE TOWING SERVICES. The immobilization, towing and/or storage of a vehicle or vessel, without the prior express consent of the owner or custodian of the vehicle or vessel by any person not acting pursuant to a contract with a unit of local, county, state or federal government.

OWNER. Any person who has legal title to real property or who has the charge, care of, or control of the premises, vehicle or vessel.

PERSON. Any natural person, or any association, corporation, firm, joint venture, partnership, or other entity.

STORAGE. The safekeeping of a vehicle or vessel which has been towed under the authority of this article.

STORAGE FACILITY. A fenced-in, lighted, locked yard or secure indoor storage with the capacity to temporarily keep all vehicles or vessels towed hereunder within the fenced-in area. The facility shall conform to all building and zoning requirements and shall be owned or exclusively leased by the towing company. The storage facility shall be located in the territorial boundaries of the City of Cape Coral.

TOWING. Taking possession of a vehicle or vessel and its contents, exercising control, supervision and responsibility over it, and removing it from private property within the city by means of a tow truck or other vehicle.

TOWING COMPANY. Any person, firm, partnership, corporation, or association engaged in the business of recovery and towing of motor vehicles or vessels.

VEHICLE. Any mobile item which normally uses wheels, whether motorized or not.

VESSEL. Every description of watercraft, barge, and airboat used or capable of being used as a means of transportation on water, other than a seaplane or a vessel for which a valid certificate of documentation is outstanding pursuant to 46 C.F.R. part 67 ("documented vessel").

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

It shall be unlawful for any person, either as principal, agent, or employee, to perform any nonconsensual towing or vehicle immobilizing without having obtained a permit by registering the service with the Police Department, using a format approved by the Police Department. The information for registration shall contain the make, model and manufacturer's serial number of each of the vehicles to be used for nonconsensual towing or immobilization; the date each vehicle was put into service; the driver's license number of the owner and the name of the insurance company or companies with which the owner and operators have liability insurance for the operation of the vehicle as required by law; and the name and driver's license number of all employees, principals, or agents, involved in the towing or immobilization of vehicles or vessels as defined in this article. From time to time, the registration fee established by the City Council may be altered, revised, increased, or decreased. Each towing or immobilization service registration shall be valid for one year from the date of registration with the city. In the event vehicles are added to service by the registrant or removed from service by the registrant, it shall be the registrant's responsibility to immediately notify the Police Department of such changes. If a towing service has registered to provide law enforcement requested towing pursuant to Article XI of this chapter, the fee charged pursuant to this section shall be waived.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

In addition to other requirements of this article and F.S. § 715.07, it shall be unlawful for any person to tow, immobilize, or cause to be towed or immobilized any vehicle or vessel parked on private real property except in compliance with the following requirements:

(a)

(1)

The owners of the real property shall have executed, at least 24 hours prior to the towing, removal, or immobilization of any vehicle or vessel, a written agreement on a form approved by the Police Department, which agreement shall contain the following provisions:

a.

The duration of the agreement;

b.

The time of day that such towing, removal, or immobilization is authorized;

c.

The days of the week that such towing, removal, or immobilization is authorized;

d.

The fees to be paid for the towing, removal, or immobilization;

e.

The signatures of both the owner of the premises, and the owner, or authorized representative of the towing or immobilization service, certifying that each has read and is in compliance with all of the provisions of F.S. § 715.07 and this article.

(2)

The 24-hour notice requirement of this section shall not apply where a tow or immobilization is of an emergency nature and the property owner or authorized representative of the tow owner or operator has notified the Police Department prior to towing or immobilizing the vehicle or vessel.

(b)

The towing or immobilization operator shall provide a copy of the completed agreement entered into pursuant to paragraph (1) of this section to the Police Department prior to any tow or immobilization being performed pursuant to this article. A new completed agreement shall be resubmitted to the Police Department annually, one calendar year from the date of last submittal, and each time a property owner changes vendors or the owner of the property changes. A property owner may enter into an agreement pursuant to this article with a maximum of one operator for a single parcel of property.

(c)

Prior to towing, removing, or immobilizing any vehicle or vessel from private property without the consent of the owner or other legally authorized person in control of that vehicle or vessel, a sturdy weather resistant sign providing the following notice and meeting the following requirements must be posted on the private property:

(1)

The notice must be prominently placed at each driveway access or curb cut allowing vehicular access to the property, within five feet from the public right-of-way line. If there are no curbs or access barriers, a sign must be posted every 25 feet of lot frontage.

(2)

The notice must clearly indicate, in not less than two-inch high, light-reflective letters on a contrasting background, that unauthorized vehicles will be immobilized or towed away at the owner's expense. Whether the vehicles will be towed or immobilized, the words "tow-away zone" must be included on the sign in not less than four- inch high letters.

(3)

The notice must provide the name and current telephone number of the person or firm towing, removing or immobilizing the vehicles or vessels.

(4)

The sign structure containing the required notices must be permanently installed with the words "tow-away zone" not less than three feet and not more than six feet above ground level and must be continuously maintained on the property for not less than 24 hours prior to the towing, removal or immobilization of any vehicles or vessels.

(5)

The sign shall state the specific hours vehicles will be towed or immobilized or state 24 hours, if applicable.

(d)

Any wrecker used in the towing of vehicles or vessels under this article shall be of the minimally rated class that can tow the weight of the subject vehicle or vessel. This does not preclude the operator from using a wrecker with a classification greater than that required for the tow but, applicable charges shall be based upon the GVW of the vehicle or vessel being towed and the appropriate classification of the wrecker.

(e)

The person performing the tow, removal or immobilizing of the "offending" vehicle or vessel shall take photograph(s) of the vehicle or vessel prior to its removal or immobilizing that shall be of sufficient detail to demonstrate the violation of the rule or regulation for which the vehicle or vessel is being towed or immobilized. The photograph(s) must be dated and time stamped and maintained by the service entity for a minimum period of one year. Photograph(s) shall be available for viewing the following business day. Normal hours for viewing photographs shall be Monday through Friday, 8:00 a.m. to 5:00 p.m. There shall be no charge for viewing the photographs.

(f)

Each service entity shall staff or monitor its telephones at all times (pager only does not satisfy this requirement) and immediately advise any vehicle or vessel owner or authorized representative who calls by telephone of the following:

(1)

Each and every document or other item which must be produced to retrieve the vehicle or vessel or remove the immobilization device.

(2)

Exact charges as of the time of the telephone call, and the rate at which charges will accumulate thereafter.

(3)

The acceptable methods of payment are cash, major credit card, and debit card. Also, if the towing or immobilization service owner or operator cannot, or will not provide change to a customer, the owner or operator shall advise the customer to bring exact payment, if paying with cash.

(4)

That the vehicle or vessel can be picked up or the immobilizing device removed within one hour of request.

(Ord. 89-10, 12-13-2010)

To ensure compliance with state and municipal law, the owners of the premises required to post a sign pursuant to § 12-105(c) shall pay a fee to the city for plan review and sign inspection and approval. As part of this review all installed signage must be inspected and approved by the city prior to any towing or immobilizing of any vehicles or vessels being authorized. From time to time, the review fee established by the City Council may be altered, revised, increased, or decreased.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

(a)

Pursuant to F.S. §§ 166.043(1)(b), and 715.07(2)(b), the City Council establishes the following maximum rate schedule for nonconsensual towing services in the city:

1.

Mileage Charges.

A.

A Mileage Charge may only be imposed/charged for the first ten miles from the scene of the nonconsensual private towing services to the Storage Facility.

2.

Wrecker rates.

A.

Class A Wreckers, including roll-back or slide-back carriers.

1.

Nonconsensual Private Towing Services Base Rate: $165

2.

Mileage Charge: $5.50

3.

Hourly Rate: $105

B.

Class B Wreckers.

1.

Nonconsensual Private Towing Services Base Rate: $200

2.

Mileage Charge: $6.50

3.

Hourly Rate: $140

C.

Class C Wreckers.

1.

Nonconsensual Private Towing Services Base Rate: $400

2.

Mileage Charge: $8

3.

Hourly Rate: $265

D.

Class D Wreckers.

1.

Nonconsensual Private Towing Services Base Rate: $535

2.

Mileage Charge: $9.50

3.

Hourly Rate: $375

(b)

Separate Charges Maximum Rate Schedule.

1.

Removal of drive shaft: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

2.

Air hook-up: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

3.

Remove/pull axle: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

4.

Remove bumper: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

5.

Removal air foils: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

6.

Landoll trailer; semi roll-back or drop-back trail or truck: $265

7.

Air bags: $2,940

8.

Extra manpower: per man-hour charge: $85

(c)

Daily Storage Fees Maximum Rate Schedule.

1.

Generally:

A.

Daily maximum urban storage to 25 feet in length:

1.

Inside: $55

2.

Outside: $45

B.

Daily maximum urban storage over 25 feet in length:

1.

$75

2.

$65

2.

Daily storage charges must be based upon a 24-hour calendar day, beginning at 12:01 a.m. and ending at 12:00 midnight. A vehicle or vessel in storage for six hours or longer, in any 24-hour calendar day, will accrue storage charges for that 24-hour calendar day. A vehicle or vessel in storage for less than six hours, in any 24-hour calendar day, will not accrue storage charges for that 24-hour calendar day (e.g., vehicle arrives in storage at 6:30 p.m. Monday, and is picked up at 6:30 a.m., Tuesday. No charges accrue for storage on Monday because storage on Monday was only 5.5 hours. Storage charges do accrue for Tuesday, as storage on Tuesday was for 6.5 hours).

(d)

Gate Fees Maximum Rate Schedule.

1.

Monday—Friday late hour gate fee rate: If an owner or authorized agent seeks to recover a towed or impounded vehicle or vessel, or property within such vehicle or vessel, during the weekdays of Monday through Friday between the hours of 6 p.m. and 8 a.m., the late hour gate fee of $45 will apply.

2.

Weekend late hour gate fee rate: If an owner or authorized agent seeks to recover a towed or impounded vehicle or vessel, or property within such vehicle or vessel, after 6:00 p.m. through 8:00 a.m. Monday, the late hour gate fee of $45 will apply.

(e)

Administrative lien fee: The maximum rate chargeable as an administrative lien fee is $100. An administrative lien fee may only be charged after 72 hours of storage time and must otherwise follow the requirements of F.S. § 713.78.

(f)

Immobilization Boot fee: The maximum rate chargeable for releasing an immobilized vehicle on private property shall be $100 for each immobilization.

(g)

Underwater recovery fee: $135, plus actual costs when performed by a certified/professional diver if supported by written documentation approved by the City of Cape Coral Police Chief or their designee.

(h)

Fuel Surcharge. Anytime the average price of diesel fuel meets or exceeds $4 per gallon as reported by the Federal Government for the Lower Atlantic states (PADD 1C), the mileage rates that are the subject of this Article may be increased by a fixed percentage in accordance with the schedule below:

(i)

Registration fee: The fee provided for in § 12-103 is $75

(j)

Review/Inspection of Signage fee: The fee provided for in § 12-105 is $100

(k)

Disconnection fee: The fee provided for in § 12-109 is $40

(l)

Immobilization Drop fee: The fee provided for in § 12-110 is $40

(m)

Acceptable Forms of Payment: A towing company must accept payment in at least two forms provided for in F.S. § 713.78(19)(a), as it may be amended from time to time.

(n)

Persons who engage in nonconsensual towing services as described in and governed by this article shall not charge in excess of the maximum allowable rates established by the City Council, nor shall charge any type of fees other than those for which the City Council has established maximum rates.

(Ord. 89-10, 1-13-2010; Ord. 76-24, § 2, 10-16-2024)

The owner or operator of any service vehicle which is summoned to tow away or immobilize any vehicle or vessel on private property shall not immobilize, remove, or tow, or immobilize the vehicle or vessel away and shall not charge any fee if the vehicle or vessel operator returns to the vehicle or vessel prior to the service operator having physically connected the vehicle or vessel to the towing apparatus or the vehicle being immobilized.

(Ord. 89-10, 12-13-2010)

If the registered owner or other legally authorized person in control of the vehicle or vessel arrives at the scene prior to removal or towing of the vehicle or vessel, the vehicle or vessel shall be disconnected from the towing or removal apparatus, and that person shall be allowed to remove the vehicle or vessel without interference upon the payment of a fee, for which a receipt shall be given, unless that person refuses to remove the vehicle or vessel which is otherwise unlawfully parked. This fee shall be referred to as the "disconnection fee." The rates established shall be uniform throughout the city. From time to time, the rates established by the City Council may be altered, revised, increased, or decreased.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

If the registered owner or other legally authorized person in control of the vehicle arrives at the scene prior to the operator leaving the premises but after the immobilization device has been attached to the vehicle, that person shall be allowed to have the immobilization device removed upon the payment of a fee, for which a receipt shall be given, unless that person refuses to remove the vehicle which is otherwise unlawfully parked. This fee shall be referred to as the "Immobilization drop fee." This fee may be altered, revised, increased, or decreased by the City Council.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

A vehicle or vessel in tow shall be taken from the point of tow to the permanent business address of the tow owner or operator where vehicles or vessels are normally stored. Temporary storage at any other location is prohibited.

(Ord. 89-10, passed 12-13-2010)

Any towing firm engaged in the business of nonconsensual towing shall maintain a copy of the nonconsensual bill of rights in the service vehicle and shall post the nonconsensual tow bill of rights in a clearly visible, prominent position, not more than ten feet from the place where payment for the tow is made. The poster shall provide the following:

Nonconsensual Tow "Bill of Rights"

Your car has been towed without your consent. You have certain rights under Florida statutes and city ordinances:

(a)

Your vehicle or vessel must be released within one hour after request, provided the towing fees are paid.

(b)

You can retrieve any personal property that is in the vehicle or vessel within the first 24 hours of the tow prior to paying the towing fees, after the first 24 hours, a fee may be charged.

(c)

You may inspect your vehicle or vessel prior to paying the towing fees. The tow company cannot require you to sign a waiver which would release the firm from liability for damages noted by you at the time the vehicle or vessel is picked up. The tow company is responsible for any damage done by entry into your vehicle or vessel if the entry was not done with the "standard of reasonable care." Proper remedy for these damages is through civil court.

(d)

You may pay the towing charges using cash, debit card, or major credit card. A fee may be charged to use a debit card. No additional fee shall be charged for use of a credit card.

(e)

A detailed, signed receipt showing the legal name of the tow company or person towing the vehicle or vessel must be given to you at the time of payment, whether requested or not. The receipt shall also include the following statement: "Notice: Towing from private property is regulated by F.S. § 715.07 and Chapter 12, Article X, City of Cape Coral Code of Ordinances."

(f)

Tow companies are required to take photographs of your vehicle or vessel prior to tow, documenting the violation for which the vehicle or vessel was towed. You can make arrangements with the tow company to view the photographs at no charge. Photographs shall be available for viewing the following business day. Normal hours for viewing the photographs are Monday through Friday, 8:00 a.m to 6:00 p.m. It is a good idea to make an appointment in advance.

(g)

The phone number of the Cape Coral Police Department to report violations. This phone number shall be kept current at all times.

(Ord. 89-10, 12-13-2010)

A business with ten or fewer parking spaces satisfies the notice requirements of § 12-105 of this article by prominently displaying a sign stating "Reserved Parking for Customers Only Unauthorized Vehicles or Vessels Will be Towed Away At the Owner's Expense" in not less than four-inch high, light-reflective letters on a contrasting background at each entrance to the parking lot.

(Ord 89-10, 12-13-2010)

(a)

Except as otherwise provided herein, an owner having vehicles or vessels towed, removed or immobilized must post notice21., consistent with the requirements of §§ 12-105 or 12-113, if applicable, of this article, that unauthorized vehicles or vessels will be towed away or immobilized at the owner's expense.

(b)

An owner may authorize the removal of a vehicle or vessel by a towing company when the vehicle or vessel is parked in such a manner that restricts the normal operation of business; and if a vehicle or vessel parked on a public right-of-way obstructs access to a private driveway the owner, lessee, or agent may have the vehicle or vessel removed by a towing company upon signing an order that the vehicle or vessel be removed without a posted tow-away zone sign.

(Ord. 89-10, 12-13-2010)

(a)

An operator that installs an immobilization device on a vehicle must affix a conspicuous notice to the vehicle's windshield or driver's side window stating:

(1)

That the vehicle has been immobilized and damage may occur if the vehicle is moved;

(2)

The date and time the immobilization device was installed;

(3)

The name, address, and telephone number of the company that installed the immobilization device;

(4)

A telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to arrange for removal of the immobilization device. For purposes of this section answered means the call must terminate on connection with a human operator with authority to respond to questions and dispatch booting operators;

(5)

The amount of the fee for removal of the immobilization device and any associated parking fees;

(6)

That the vehicle may be towed if the immobilization device is not removed within 24 hours;

(7)

That you may pay the immobilization charges using cash, debit card, or major credit card. A fee may be charged to use a debit card. No additional fee shall be charged for use of a credit card.

(b)

If the conspicuous notice required by subsection (a) is placed on the:

(1)

Vehicle's front windshield, the company installing the immobilization device must use an adhesive that does not leave residue on the windshield; or

(2)

Driver's side window, the notice placard must not obstruct the use of the side view mirror. A notice placard placed on the driver's side window immediately adjunct to the door jam farthest from the side view mirror complies with this section.

(Ord. 89-10, 12-13-2010)

(a)

On removal of an immobilization device, the operator shall provide a receipt to the vehicle owner stating:

(1)

The name of the person who removed the immobilization device;

(2)

The date and time the immobilization device was removed;

(3)

The name of the person to whom the vehicle was released;

(4)

The amount of fees paid for removal of the immobilization device and any associated parking fees.

(Ord. 89-10, passed 12-13-2010)

In addition to those penalties imposed by F.S. § 715.07, violation of any provisions of this article, including any of the requirements of F.S. § 715.07 shall be subject to the following civil penalties:

(a)

Any person who violates this article shall be liable to the owner or lessee of the vehicle or vessel for all costs of recovery, including all immobilization, towing and storage fees, plus attorney's fees and court costs, and shall, in addition, be liable to the owner or lessee of any towed, immobilized, or removed vehicle or vessel for damages resulting directly or indirectly from the removal, transportation, storage or immobilization of the vehicle or vessel.

(b)

Any person who violates any of the provisions of this article shall upon conviction be fined not more than $500 per violation. Each violation shall be considered a separate offense.

(Ord. 89-10, 12-13-2010)

(a)

Any permit granted pursuant to the provisions of this article may be suspended or revoked by the Chief of Police, either in whole or in part, upon written notice to the license holder under the following terms:

1st violation - 30 day suspension

2nd violation - 60 day suspension

3rd violation - 1 year suspension

4th violation - revocation of license

(b)

The permit holder shall be provided with written notice specifying the grounds for such suspension or revocation, by first class mail, postage prepaid, or by personal delivery to the permit holder, or by leaving the notice at the permit holder's place of business or residence.

(c)

Within 15 business days of the mailing or hand delivery of the notice of suspension or

revocation, the permit holder may request a hearing before the Chief of Police, in writing.

(d)

If the Chief of Police pursuant to this section does not modify the suspension or revocation to the satisfaction of the towing service owner or operator after a hearing pursuant to paragraph (c) of this section, the towing service owner or operator may appeal such decision within 15 days to the special magistrate. In the even an appeal is timely filed, the suspension or revocation shall not take effect until a decision has been rendered by the special magistrate, unless it is necessary to immediately suspend or revoke the permit in order to protect evidence of crime or to preserve the public health, safety or welfare. If no appeal is filed, the suspension or revocation shall become effective upon expiration of the period for filing the appeal.

(e)

During the period of suspension or revocation, it is unlawful for any person to tow any vehicles or vessels or place an immobilization device on a vehicle within the City of Cape Coral until the suspended or revoked permit has been reinstated by the Chief of Police or his or her designee, or by the special magistrate.

(Ord. 89-10, 12-13-2010)

A permit to immobilize or tow vehicles or vessels may be suspended or revoked by the Chief of Police on any of the following grounds:

(a)

If the service owner and/or operator fails to register as required by this article;

(b)

If the registration contains a false statement of material fact;

(c)

If the service owner and/or operator provides monetary or other valuable consideration to the private property owner for the privilege of towing or immobilizing vehicles or vessels from the property under contract;

(d)

If the service owner and/or operator provides monetary or other valuable consideration to the private property owner for each or any individual vehicle or vessel immobilized or towed from the property;

(e)

If the service owner and/or operator charges the owner of any towed or immobilized vehicle or vessel personal property fees in excess of those established by City Council in this article.

(f)

If an operator fails to display on or about his or her person or on the dashboard of the tow truck, easily visible to the public, the operator permit while performing a nonconsensual immobilization or tow;

(g)

If an operator immobilizes a vehicle without complying with §§ 12-115 and 12-116 of this article.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 2, 10-16-2024)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

ASSIGNMENT. A call from the city to a licensee requesting the performance of recovery and/or towing services.

LAW ENFORCEMENT ROTATIONAL WRECKER TOWING SERVICES: A tow performed at the request of the Cape Coral Police Department pursuant to the procedures and requirements of this article.

LICENSEE. A towing company which has been issued a license to perform recovery and towing services pursuant to this article.

NO-TOW. The response of a licensee to a specified place pursuant to the Cape Coral Police Department's request where the owner has removed the vehicle or vessel in question before the tow company reaches the scene, or when, before the vehicle or vessel is connected to the tow truck and is in motion, the owner arrives and takes possession of his or her vehicle or vessel.

NON-RESPONSE. Refusal by a towing company to respond to a police requested tow pursuant to this article or a failure to respond to the police requested tow within 30 minutes of being contacted by the police.

STORAGE FACILITY. A fenced-in, lighted, locked yard or secure indoor storage with the capacity to temporarily keep all vehicles or vessels towed hereunder within the fenced-in area. The facility shall conform to all building and zoning requirements and shall be owned or exclusively leased by the licensee for such purposes.

TOWING COMPANY. Any person, firm, partnership, corporation, or association engaged in the business of recovery and towing of motor vehicles or vessels.

WHEEL LIFT. An accepted commercially manufactured apparatus designed for the towing and recovery of motor vehicles or vessels by the towed unit's wheels/suspension. The wheel lift apparatus shall have a minimum manufacturer lift rating of 3,000 pounds while fully extended. The wheel lift apparatus shall be attached in conformance with manufacturer's recommendations for chassis mounting on a truck chassis having a manufacturer's rating of at least 10,000 pounds gross vehicle weight. The wheel lift shall be considered as an integral part of the wrecker apparatus considered as a whole for compliance with this definition and no exception shall be allowed.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 3, 10-16-2024)

(a)

No towing company shall recover or tow vehicles or vessels pursuant to a reasonable police need within the city for or at the request of the Cape Coral Police Department without first having obtained a license under this article. The acceptance of a license shall constitute a declaration and agreement by the licensee to perform licensed activities subject to the terms and conditions of this article and any towing policy or regulations adopted by the City of Cape Coral Police Chief. The acceptance of a license constitutes a commitment of the licensee to perform recovery towing services hereunder on each and every occasion requested and shall not be construed as a means to or authorizing of the business or practice of a licensee referring assignments to another licensee or towing company, except as herein provided.

(b)

All licenses issued under this article shall expire on the day of the anniversary of its issuance each year. The license fee shall be established by the City Council. The license fee shall not be prorated. The license fee may be altered, revised, increased, or decreased by the City Council. The license fee shall be $75.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 3, 10-16-2024)

(a)

Application for a license shall be made to the Cape Coral Police Department upon forms provided by the Department. Applications shall only be accepted if there is an opening on the rotation list maintained pursuant to § 12-125(a) below. Upon receipt of an application, the application shall be referred to the Chief of Police or his or her designee for investigation and inspection to determine whether the applicant's documentation, vehicles, equipment, facilities and personnel comply with this article. If the investigation and inspection show that the applicant meets all conditions of licensing, the Chief of Police shall approve the application and the applicant shall be added to the rotation list upon proof that the licensing fees have been paid. If the police investigation and such inspection show that the applicant has not met the conditions of licensing, the applicant shall be so informed by this Chief of Police or his or her designee. If the applicant fails to meet the requirements of this article within 60 days after notice of failure to comply, the Chief of Police shall deny the application.

(Ord. 89-10, 12-13-2010)

As a condition to the granting of a license under this article, the applicant shall show evidence of the following and shall comply with the following conditions:

(a)

Ownership or exclusive lease of the vehicles suitable for performing the required services under this article, which shall be registered, licensed, insured, and maintained in safe and serviceable condition at all times that the license hereunder is in effect, except during reasonable and expeditious repairs, not to exceed 30 days.

(b)

Exclusive use by ownership or written lease of a place of business with a storage facility within the City of Cape Coral. The place of business shall contain the licensee's telephone, two-way radio, and other equipment and personnel reasonably necessary for the licensee to perform its obligations under this article.

(c)

Certificates of insurance providing a minimum of ten days' written notice to the city before any such policy is amended or cancelled, including the temporary or permanent removal of any covered vehicle from such policy. The certificate shall show statutory worker's compensation for employees, insurance on the vehicles required for issuance of the license written in comprehensive form, providing at least minimum limits of general liability and motor vehicle liability insurance for bodily injury and property damage, as required by the state for obtaining carrier authority. Such certificate shall show protection of the city and the licensee against all claims arising from injuries to persons or damage to property of others arising out of any act or omission of the licensee or its agents relative to performance of work for which the license is granted.

(d)

Tow trucks and equipment used in the towing operation shall be maintained in a safe condition which is adequate to perform towing services in a safe, reasonable and workmanlike manner.

(e)

Equipment to be present on each tow truck required under this article shall be the minimum required by the Police Department SOP for Rotation Wreckers.

(f)

The storage facility shall be open to the public for the recovery of vehicles or vessels and personal property from 8:00 a.m. to 5:00 p.m. Mondays through Fridays, except legal holidays, and during such other regularly posted business hours.

(g)

The licensee, prior to towing a vehicle or vessel from the scene of an accident, shall remove from the street all broken glass and other matter that may be in the street as a result of the accident.

(h)

Any vehicle utilized by the police pursuant to § 12-124 of this article shall not be required to be available for service outside the county without first contacting dispatch at the City of Cape Coral's Police Department.

(i)

The licensee shall provide to the city, upon request, the appropriate commercial/regular driver's license number for each employee who operates a wrecker for the licensee.

(j)

The licensee shall have a sufficient number of employees to operate all equipment required under this article at any time.

(Ord. 89-10, 12-13-2010)

(a)

Requests for towing service made by the Cape Coral Police Department shall be on a rotation basis from a list containing the names of all towing companies licensed under this article, in the order they became licensed. The number of towing companies to be included on the rotation list shall be determined annually by the Chief of Police. Once an assigned tow is completed, the company shall be moved to the bottom on the list. Assignments shall be deemed waived by non- response, and the name of such carrier shall be placed at the end of the list.

(b)

If the owner of a vehicle or vessel to be towed makes a specific request for a certain towing service, the police officer at the scene shall so inform the dispatcher and the owner's request shall be complied with, if reasonably possible. If the persons involved in an accident are incapacitated or otherwise unavailable or unknown, the police officer at the scene shall assume the authority and use the list for towing service. If the licensee, which responds to the scene, requires assistance to complete the towing or recovery operation, the licensee may call whom he or she chooses upon notification to the police officer at the scene.

(c)

Upon notification by the Cape Coral Police Department, the licensee shall immediately send a tow truck to the designated scene, and the licensee shall remove the vehicle or vessel to the licensee's storage facility. If directed by law enforcement officer, a licensee shall tow the vehicle or vessel to a different storage location.

(d)

Prompt and efficient service shall be provided by each licensee. Unless emergency conditions dictate otherwise, "prompt service" means arrival of the wrecker within 30 minutes following the request therefor, except as provided in § 12-125 below. Failure to provide prompt and efficient service shall be cause for review and suspension or removal from the rotation list under the same terms as provided in § 12-118 above.

(e)

Upon proof of ownership of a towed vehicle or vessel, a licensee shall provide to the owner any personal property contained in the vehicle or vessel, with the exception of components of the vehicle or vessel, such as license plates, tires, wheels, batteries, and radios, pending payment of the towing and storage charges. Upon written request by the licensee, the Police Department shall provide the licensee with the name and address of the last known registered owner of a vehicle or vessel towed under this article and the name of any lien holder of whom the Police Department has knowledge.

(Ord. 89-10, 12-13-2010)

(a)

The licensee shall furnish services on a 24-hour a day basis each day of the year. To ensure availability for services, the licensee shall have a manned contact number through which the Cape Coral Police Department can request service at any time. During regular business hours, the licensee shall answer the designated phone number at its place of business required under § 12-123 above.

(b)

Dispatch services for the Cape Coral Police Department will, if possible, inform the licensee of the make, model and year of the vehicle(s) or vessel(s) to be towed at the time of requested service.

(c)

Two non-acceptances or non-responses within any 60 day period shall constitute a violation of this article and the following penalties shall be imposed:

(1)

Upon the first violation, a towing company shall be suspended from the rotation list for 30 days.

(2)

Upon the second violation, a towing company shall be suspended from the rotation list for 90 days.

(3)

Upon the third violation, a towing company shall be removed from the rotation list for the remainder of its annual license.

(Ord. 89-10, 12-13-2010)

(a)

Pursuant to F.S. § 166.043(1)(b), and 715.07(2)(b), the City Council establishes the following maximum rate schedule for law enforcement rotational wrecker towing services in the city:

1.

Mileage Charges.

A.

A Mileage Charge may only be imposed/charged for the first ten miles from the scene of the law enforcement rotational wrecker towing services to the Storage Facility.

2.

Wrecker rates.

A.

Class A Wreckers, including roll-back or slide-back carriers.

1.

Law Enforcement Rotational Wrecker Towing Services Base Rate: $215

2.

Mileage Charge: $5.50

3.

Hourly Rate: $105

B.

Class B Wreckers.

1.

Law Enforcement Rotational Wrecker Towing Services Base Rate: $250

2.

Mileage Charge: $6.50

3.

Hourly Rate: $140

C.

Class C Wreckers.

1.

Law Enforcement Rotational Wrecker Towing Services Base Rate: $450

2.

Mileage Charge: $8

3.

Hourly Rate: $265

D.

Class D Wreckers.

1.

Law Enforcement Rotational Wrecker Towing Services Base Rate: $550

2.

Mileage Charge: $9.50

3.

Hourly Rate: $375

(b)

Separate Charges Maximum Rate Schedule.

1.

Removal of drive shaft: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

2.

Air hook-up: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

3.

Remove/pull axle: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

4.

Remove bumper: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

5.

Removal air foils: minimum one-fourth hour (15 minutes) applicable rate or actual time-worked at applicable hourly rate.

6.

Landoll trailer; semi roll-back or drop-back trail or truck: $265

7.

Air bags: $2,940

8.

Extra manpower: per man-hour charge: $85

(c)

Daily Storage Fees Maximum Rate Schedule.

1.

Generally:

A.

Daily maximum urban storage to 25 feet in length:

1.

Inside: $65

2.

Outside: $55

B.

Daily maximum urban storage over 25 feet in length:

1.

$85

2.

$75

2.

Daily storage charges must be based upon a 24-hour calendar day, beginning at 12:01 a.m. and ending at 12:00 midnight. A vehicle or vessel in storage for six hours or longer, in any 24-hour calendar day, will accrue storage charges for that 24-hour calendar day. A vehicle or vessel in storage for less than six hours, in any 24-hour calendar day, will not accrue storage charges for that 24-hour calendar day (e.g., vehicle arrives in storage at 6:30 p.m. Monday, and is picked up at 6:30 a.m., Tuesday. No charges accrue for storage on Monday because storage on Monday was only 5.5 hours. Storage charges do accrue for Tuesday, as storage on Tuesday was for 6.5 hours).

(d)

Gate Fees Maximum Rate Schedule.

1.

Monday—Friday late hour gate fee rate: If an owner or authorized agent seeks to recover a towed or impounded vehicle or vessel, or property within such vehicle or vessel, during the weekdays of Monday through Friday between the hours of 6 p.m. and 8 a.m., the late hour gate fee of $45 will apply.

2.

Weekend late hour gate fee rate: If an owner or authorized agent seeks to recover a towed or impounded vehicle or vessel, or property within such vehicle or vessel, after 6:00 p.m. through 8:00 a.m. Monday, the late hour gate fee of $45 will apply.

(e)

Administrative lien fee: The maximum rate chargeable as an administrative lien fee is $100. An administrative lien fee may only be charged after 72 hours of storage time and must otherwise follow the requirements of F.S. § 713.78.

(f)

Immobilization Boot fee: The maximum rate chargeable for releasing an immobilized vehicle on private property shall be $100 for each immobilization.

(g)

Underwater recovery fee: $135, plus actual costs when performed by a certified/professional diver if supported by written documentation approved by the City of Cape Coral Police Chief or their designee.

(h)

Fuel Surcharge. Anytime the average price of diesel fuel meets or exceeds $4 per gallon as reported by the Federal Government for the Lower Atlantic states (PADD 1C), the mileage rates that are the subject of this Article may be increased by a fixed percentage in accordance with the schedule below:

(i)

Registration fee: The fee provided for in § 12-103 is $75.

(j)

Review/Inspection of Signage fee: The fee provided for in § 12-105 is $100.

(k)

Disconnection fee: The fee provided for in § 12-109 is $40.

(l)

Immobilization Drop fee: The fee provided for in § 12-110 is $40.

(m)

Acceptable Forms of Payment: A towing company must accept payment in at least two forms provided for in F.S. § 713.78(19)(a), as it may be amended from time to time.

(n)

Persons who engage in towing pursuant to this article shall not charge in excess of the maximum allowable rates established by the City Council, nor shall they charge any type of fees other than those provided in this article for which the City Council has established maximum rates.

(o)

The City Council hereby establishes an administrative fee for law enforcement rotational wrecker towing services performed pursuant to this section that shall be charged to the licensee to defray the cost of contacting the licensee, and logging and creating computer entries for vehicles or vessels stored pursuant to this article. The fee shall be billed by the City of Cape Coral quarterly and shall be paid by the towing operation holding a license under this article. The administrative fee is included in the base towing fee established by the city. The administrative fee shall be $25 per tow.

(Ord. 89-10, 12-13-2010; Ord. 76-24, § 3, 10-16-2024)

(a)

DEFINITIONS. For the purpose of this section, the following words, terms, and phrases, when used in this section, shall have the meanings set forth herein, except where the context clearly indicates or requires a different meaning:

CITY PARKING LOT shall mean the off-street parking lots owned or controlled by the City of Cape Coral and located in the South Cape Zoning District.

COMMERCIAL LETTERING shall mean letters, numbers, symbols, or combinations thereof which advertise a trade, business, industry, or other activity for profit or a product, commodity, or service. The term shall not include bumper stickers affixed to bumpers only or the decal or plate commonly applied to a motor vehicle by a motor vehicle dealer.

COMMERCIAL VEHICLE shall mean any agricultural, construction or industrial motor vehicle, or any bus, step van, truck or truck tractor. The term shall include any motor vehicle upon which commercial lettering, as defined herein, has been affixed. The term shall also include, but shall not necessarily be limited to, a pickup truck with an altered cargo box, or from which the cargo box has been removed. Any motor vehicle with tools, building materials or merchandise visible from the street or from abutting property shall be deemed a commercial vehicle.

CONSTRUCTION TRAILER any trailer that is used, or may be used, for construction purposes.

PARK shall have the same meaning as defined in F.S. § 316.003, as may hereafter be amended.

STAND shall have the same meaning as defined in F.S. § 316.003, as may hereafter be amended.

STOP shall have the same meaning as defined in F.S. § 316.003, as may hereafter be amended.

TRAILER shall mean any vehicle without motive power designed to be drawn by a motor vehicle regardless of hitch type and often used for or designed for carrying persons or property on its own structure. For purposes of this section, devices or equipment, such as compressors, mixers, or smokers, that are not designed for the purpose of carrying persons or property, but instead have wheels that are integrated into the body of the device or equipment shall be deemed to be trailers.

(b)

TRAILER/COMMERCIAL VEHICLE PARKING PROHIBITION. The following regulations apply to all trailers and commercial vehicles located in a City Parking Lot except for construction trailers and commercial vehicles, as provided in Subsection (c) below.

(1)

It shall be unlawful to stop, stand, or park a trailer in any City Parking Lot located in the South Cape Zoning District between the hours of 2 a.m. and 6 a.m.

(2)

It shall be unlawful to stop, stand, or park a commercial vehicle in any City Parking Lot located in the South Cape Zoning District between the hours of 3 a.m. and 6 a.m.

(3)

Outside of the hours between 2 a.m. and 6 a.m. for trailers, and outside of the hours between 3 a.m. and 6 a.m. for commercial vehicles, it shall be unlawful to:

A.

Stop, stand, or park a trailer in a City Parking Lot that is not attached to a motor vehicle:

B.

Stop, stand, or park a trailer or a commercial vehicle in a City Parking Lot for a period of time exceeding two hours; or

C.

Stop, stand, or park a trailer or a commercial vehicle in a City Parking Lot outside of spaces designated for parking. A trailer attached to a motor vehicle may utilize two parking spaces to accommodate the length of the vehicle and trailer, however, the vehicle and trailer must be entirely contained within the area so designated by lines or markings for the parking space(s).

(4)

Each violation of § 12-127(b) shall constitute a separate and distinct violation for which a citation or ticket may be issued.

(5)

Any person cited for a violation of this section shall have an affirmative defense to an enforcement action under this section if such person can prove that the person stopped, stood, or parked a trailer or commercial vehicle in violation of this section due to an emergency situation. "Emergency situations" shall include, but are not limited to, vehicle mechanical issues, driver incapacity, or similar circumstances, and shall not exceed a period of 24 hours. A person shall be entitled to an affirmative defense pursuant to this subsection no more than two times within any consecutive 12-month period. Documentation describing the emergency situation and specifying all facts detailing the cause of the violation shall be submitted to and received by the Police Chief at least five business days prior to a scheduled hearing date in order to request the city to void the citation and cancel the hearing.

(c)

CONSTRUCTION TRAILERS AND COMMERCIAL VEHICLES USED FOR CONSTRUCTION.

(1)

Notwithstanding Subsection (b) above, trailers, regardless of whether they are attached to a motor vehicle, and commercial vehicles that are being used for construction purposes on property or buildings abutting a City Parking Lot may be located in a City Parking Lot provided the following conditions are met:

A.

A valid building permit has been issued by the city and the permit therefore is properly displayed at the premises where the construction is taking place; and

B.

The trailer and commercial vehicle must be located in an area that is adjacent to the premises where the construction is taking place; and

C.

The trailer and commercial vehicle must be in a location where it does not unreasonably block any pedestrian walkways or vehicular traffic, or otherwise endanger the public health, safety, or welfare.

(2)

Trailers and commercial vehicles located in a City Parking Lot pursuant to this Subsection (c) are not restricted to the time periods identified in Subsection (b) above and are not required to be contained within parking spaces.

(3)

The city shall approve the placement of the construction trailer and commercial vehicle in the process of obtaining a building permit, however, the city maintains the ability to require relocation of the trailer and commercial vehicle during construction. The approval of placement of the construction trailer and commercial vehicle is subject to revocation by the city if the construction is not progressing in a reasonable timeframe, or if the city determines that conditions have become unsafe.

(4)

Failure to comply with this § 12-127(c) shall constitute a violation and shall subject the owner or operator to the code enforcement provisions and procedures provided in § 2-81 through § 2-96, Cape Coral Code of Ordinances. Violations of this § 12-127(c) shall be punishable by a fine of not less than $100. Each day that a violation exists shall constitute a separate and distinct violation. Trailers and commercial vehicles located in a City Parking Lot in violation of this Subsection (c) are subject to removal by the city.

(d)

Nothing contained in this section shall prohibit the city from enforcing its codes or ordinances by any other means available to the city.

(Ord. 33-18, § 1, 5-7-2018; Ord. 8-24, § 1, 1-24-2024; Ord. No. 44-25 , § 5, 9-3-2025)

A.

DEFINITIONS. For the purpose of this section, the following words, terms, and phrases, when used in this section, shall have the meanings set forth herein, except where the context clearly indicates or requires a different meaning:

COMMERCIAL LETTERING shall mean letters, numbers, symbols, or combinations thereof which advertise a trade, business, industry, or other activity for profit or a product, commodity, or service. The term shall not include bumper stickers affixed to bumpers only or the decal or plate commonly applied to a motor vehicle by a motor vehicle dealer.

COMMERCIAL VEHICLE shall mean any agricultural, construction or industrial motor vehicle, or any bus, step van, truck or truck tractor. The term shall include any motor vehicle upon which commercial lettering, as defined herein, has been affixed. The term shall also include, but shall not necessarily be limited to, a pickup truck with an altered cargo box, or from which the cargo box has been removed. Any motor vehicle with tools, building materials or merchandise visible from the street or from abutting property shall be deemed a commercial vehicle.

PARK shall have the same meaning as defined in F.S. § 316.003, as may hereafter be amended.

STAND shall have the same meaning as defined in F.S. § 316.003, as may hereafter be amended.

STOP shall have the same meaning as defined in F.S. § 316.003, as may hereafter be amended.

TRAILER. Any vehicle without motive power designed to be drawn by a motor vehicle regardless of hitch type and often used for or designed for carrying persons or property on its own structure. For purposes of this section, devices or equipment, such as compressors, mixers, or smokers, that are not designed for the purpose of carrying persons or property, but instead have wheels that are integrated into the body of the device or equipment shall be deemed to be trailers.

B.

The stopping, standing, or parking of any commercial vehicle (which includes loading or unloading of materials) or trailers in the public rights-of-way is prohibited except under any of the following conditions (exceptions do not apply where signage prohibiting parking is posted):

(1)

Parking in a parking space specifically marked and designated by the city.

(2)

Parking in accordance with a city right-of-way permit issued by the city.

(3)

Parking pursuant to a special event as approved by the city.

(4)

Parking of city vehicles and city trailers, as permitted by the City Manager, or their designee.

(5)

Parking on the paved portion of the right-of-way:

a.

For a period not to exceed two continuous hours in any 24-hour period for a vehicle of a person performing work or providing service to the property abutting the right-of-way where no less than 12 feet of paved right-of-way remains available for the free movement of vehicular traffic; or

b.

Where parking has been approved by the city pursuant to a construction site management plan.

(6)

Stopping, standing, or parking of a vehicle or trailer may occur upon a street in obedience with traffic regulations, traffic signs, or signals or direction by a police officer.

(Ord. No. 44-25 , § 5, 9-3-2025)

It shall be unlawful for any person to park a motor-driven vehicle, trailer or boat trailer on city owned property which is posted with prohibitions against the parking.

(Ord. No. 44-25 , § 5, 9-3-2025)

(a)

The purpose of this section is to ensure that handicapped individuals who are in need of specially designated spaces have such spaces available for their use.

(b)

The provisions of F.S. §§ 316.1955 and 316.1957 relating to parking in spaces designated for the physically disabled are incorporated herein by reference and shall be enforced by the Police Department of the city.

(c)

The Police Department is hereby empowered to employ parking enforcement specialists who meet the requirements of F.S. § 316.640(3)(c), for the purpose of enforcing all state, county and municipal laws and ordinances governing parking within the boundaries of the city.

(d)

Pursuant to F.S. § 320.03, persons who fail to pay fines imposed pursuant to this section will not be issued motor vehicle license plates or revalidation stickers (registration renewal) until all outstanding parking fines are paid.

(e)

Pursuant to F.S. § 316.008(4), all fines received, except the percentage allotted for the Tax Collector and Clerk, pursuant to F.S. § 320.03(8), shall be deposited in a separate account to be used in the following manner.

1.

One-third shall be used to defray expenses for the administration of the city's disabled parking enforcement program.

2.

Two-thirds shall be used to provide funds to improve accessibility and equal opportunity to qualified physically handicapped persons in the city and to provide funds to conduct public awareness programs in the city concerning physically disabled persons.

(Ord. No. 44-25 , § 5, 9-3-2025)

This section shall be known as and may be cited as the City of Cape Coral Parking at City Parks and Boat Ramps Ordinance.

(a)

Definitions. The definitions in F.S. Ch. 316, as it may be amended from time to time, apply to this section. The following words, terms and phrases, when used in this section shall have the meanings ascribed to them in this section, except when the context clearly indicates a different meaning.

AUTHORIZED LEGAL TENDER. Legal tender as the city shall authorize. The legal tender may include, but is not limited to U.S. currency and coin, approved tokens, scrip or debit and credit cards. A notification shall be displayed on or adjacent to parking pay stations indicating those items that are accepted by the parking pay station as authorized legal tender.

BOAT TRAILER. A conveyance, usually with two or more wheels, with no motive power of its own, towed by a vehicle, with a license tag, and designed to transport a boat or a vessel and/or capable of launching the boat or vessel into a body of water.

CALENDAR DAYS. Includes Saturdays, Sundays and legal holidays. Thus, in computing any period of time prescribed or allowed by this chapter, the day of the act, event or default from which the designated period of time begins to run shall not be included; however, the last day of the period so computed shall be included, even if it is a Saturday, Sunday, legal or city observed holiday, any provision of this code to the contrary notwithstanding. If any period of time under this section is sought to be complied with by means of mailing, the date of actual receipt of the mail by the Clerk, not the date of posting, shall be deemed the date of compliance.

CIVIL PENALTY. An amount of money imposed by this section for a violation which is deemed to be a parking infraction.

DAILY. A calendar day commencing at 12:00 a.m. and ending 11:59 p.m. of the same day.

DEPARTMENT. The City of Cape Coral Parks and Recreation Department.

DOUBLE PARKING, DOUBLE STANDING or DOUBLE STOPPING. The parking, standing or stopping of a vehicle or boat trailer upon the roadway or designated parking lot at the side of another vehicle or boat trailer parking, standing or stopping, but not legally within a designated open parking space.

LAW ENFORCEMENT OFFICER. Any person, as defined in F.S. § 943.10(1), as it may be amended, and a city park ranger or other employee that meets the definition of parking enforcement specialist, as defined in F.S. § 316.640, as it may be amended.

OFFICIAL TRAFFIC CONTROL DEVICE. Any sign signal, marking or device placed or erected by the city or by the authority of any other public body or official having jurisdiction for the purpose of regulation, warning or guiding traffic, or for regulating parking areas located on property owned, leased or under the control of the city.

OVERNIGHT PARKING. The parking of a vehicle or boat trailer in the same place for a period in excess of 24 hours.

OWNER. A person who holds the legal title of a vehicle, or in the event a vehicle is the subject of an agreement for the conditional sale or lease thereof with the right of purchase upon performance of the conditions stated in the agreement and with an immediate right of possession vested in the conditional vendee or lessee, or in the event a mortgagor of the vehicle is entitled to possession, then the conditional vendee, or lessee, or mortgagor shall be deemed the owner, for purposes of this section.

PARK or PARKING. The standing of a vehicle or boat trailer, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading unloading merchandise or passengers, or launching a boat or vessel as may be permitted by law or under this section.

PARKING CITATION OR TICKET. An official form used by a law enforcement agency or someone certified as a parking enforcement specialist to notify the owner of a vehicle or boat trailer that the vehicle or boat trailer is parked, stopped or standing in violation of the provisions of this section.

PARKING PAY STATION. A mechanical and/or electronic device which regulates parking in one or more parking spaces by allocating a defined period of permitted parking in exchange for a defined amount of authorized legal tender. A rate schedule showing the defined amounts of authorized legal tender required for defined periods of parking shall be displayed on or adjacent to the parking pay station.

PERSON. Any natural person, firm, partnership, association or corporation.

STAND or STANDING. The halting of a vehicle or boat trailer, whether occupied or not, other than temporarily, for the purpose of, and while actually engaged in, receiving or discharging passengers or launching a boat, as applicable, as may be permitted by law or allowed by the provisions of this section.

STOP or STOPPING. When prohibited, any halting, even momentarily, of a vehicle or boat trailer, whether occupied or not, except when necessary to avoid conflict with other traffic or to comply with the directions of a law enforcement officer or official traffic control device or signal.

VEHICLE. Any device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or track. For purposes of this section, boat trailers shall be considered vehicles, and when a boat trailer is attached to a towing vehicle both the towing vehicle and the attached boat trailer shall be considered a single vehicle. However, when a boat trailer is detached from its towing vehicle, it and the detached boat trailer shall be each considered a separate vehicle.

(b)

Establishment of parking regulations. City Council shall have the authority to regulate parking and charge fees for parking at city parking areas designated as regulated parking zones established in all city parks, including, but not limited to the regulation of parking for the use of boat ramps, by resolution. The resolution(s) shall establish fees for parking and boat trailer parking that may vary at each park and by time of the calendar year. City Council shall also have the authority to designate parking spaces, reserved parking spaces, tow away zones and to provide for the issuance of annual or lesser duration parking passes and charge fees therefore; as well as temporary daily passes, and staff parking passes, all of which may be issued to city or other government employees while performing their official duties by the Director of the Parks and Recreation Department. The passes may be rescinded at any time by the Parks and Recreation Director.

(c)

Parking permitted in applicable parking spaces for length of time indicated by parking pay station or approved signs and is prohibited when violation indicated.

1.

The following regulations shall apply in all regulated parking zones designated by City Council:

(i)

Vehicles or boat trailers shall be allowed to park in parking spaces in regulated parking zones only upon payment of the applicable fees for parking and only for the amount of time corresponding to the amount of the payment.

(ii)

No person shall park any vehicle or boat trailer or permit any vehicle or boat trailer to remain parked in any parking space in a regulated parking zone for which payment for the parking has not been made, or for which the time for parking has expired.

(iii)

No person shall park an unauthorized vehicle in parking areas which are designated as a reserved parking space or tow away zone.

(iv)

No person shall park a vehicle in such a way as to block entry or exit from parking areas, from a regular parking space, a reserved parking space or a tow away zone.

(v)

No person shall park a vehicle in parking areas in such a manner or under such conditions that cause or causes any vehicle or portions thereof to occupy more than one parking space or extend onto or across the lines or markings which designate a parking space.

(vi)

No vehicle shall be parked overnight in any area regulated by this section unless written permission has been given by the Parks and Recreation Department Director or his or her designee.

(vii)

Parking fees shall be required 24 hours a day each and every day of the year, except as otherwise may be provided by this section.

(d)

Exceptions.

1.

Any vehicle properly displaying a valid annual parking pass or a valid temporary daily parking pass shall be allowed to park in a parking space in a regulated parking zone without payment of any parking fee for that space; provided that the applicable fee for the parking pass has been paid, all requirements for use of the parking pass have been met, and the vehicle is properly parked in the space. Notwithstanding the foregoing, any vehicle parked overnight or longer must still obtain written permission from the Parks and Recreation Director or his or her designee.

2.

Annual passes shall be valid when purchased from the city's Parks and Recreation Department, and when displayed in the manner designated by the Director of the Department on a vehicle properly parked in a regulated parking zone. An annual pass shall be valid only from October 1 until September 30 of the year in which it was purchased. Fees for annual and other passes may be charged on a prorated basis for an initial annual or other pass if the authorizing legislation is adopted after October 1 of any calendar year.

3.

Temporary daily passes shall be valid when issued by the Director of the Parks and Recreation Department or his or her designee; and when displayed in the manner designated by the Director of the Department or his or her designee on a vehicle properly parked in a regulated parking zone and Temporary daily passes shall only be valid for the date and time indicated on the pass.

4.

Staff parking passes, issued at the reasonable discretion of the Parks and Recreation Director, shall be valid for city, other government employees, and employees of city retained contractors, and when displayed in a manner designated by the Director of the Department on a vehicle properly parked in a regulated parking zone. The Director of the Department at any time may rescind or revoke any staff parking pass.

5.

The City Council may waive the requirement of payment of any parking fees for any regulated parking zone for a special event; provided, however, that the city provides written notice to any parking enforcement officials at least 24 hours before the commencement of the special event

(e)

Immobilizing of vehicles. Any authorized law enforcement officer as defined in this section is authorized to attach a device that is capable of immobilizing a vehicle so that it cannot be moved under its own power without damage to the vehicle:

(1)

When three or more citations for unlawful or illegal parking involving any vehicle bearing the license plate that has been cited have been outstanding for more than 15 days and have not been disposed of by payment of the fine or cancellation of the citations.

(2)

When the vehicle is not lawfully displaying a license plate in accordance with F.S. § 316.605, as it may be amended from time to time, or the vehicle identification number is covered in such a manner as to preclude a law enforcement officer or parking enforcement specialist from reading it.

(3)

The immobilizing device shall be attached to the vehicle at the place where it is found, except that no vehicle shall be immobilized within the traveled portion of a street or parking lot or on a portion of a street or parking lot when immobilization at that place would create a hazard to the public or to traffic. At the same time as the immobilizing device is attached to the vehicle, a notice shall be affixed to the windshield or other prominent place on the vehicle stating that the immobilizing device has been so attached, cautioning the operator not to attempt to operate the vehicle while the immobilizing device is still attached and informing the owner or operator of the vehicle of the number and age of and the total fines and charges assessable under the citations for which the vehicle is immobilized (including the removal charge for removal of the immobilizing device and all citations that are outstanding and incurred at the time of immobilization) and where he or she must go in order to pay the fines and charges to have the immobilizing device removed from the vehicle.

(4)

The immobilizing device shall be removed from the motor vehicle upon correction of any violation and payment of the total fine and charges for which the vehicle is immobilized. The Director of the Parks and Recreation Department or his or her designee may approve the removal of the immobilizing device upon payment of the fines and charges and correction of any violation.

(f)

Violations.

(1)

It shall be a violation of this section for any person to park a vehicle in a regulated parking zone in any place other than a designated parking space. It shall also be a violation of this section for any person to park a vehicle in a regulated parking zone without payment of the applicable fee or display of a valid parking pass.

(2)

It shall be a violation of this section to park an unauthorized vehicle in a parking area or space which is marked or designated as a reserved parking space or tow away zone.

(3)

It shall be a violation of this section to park a vehicle in such a manner so as to block entry or exit to any city designated parking area the subject of this section, designated parking space, reserved parking space or designated tow away zone.

(4)

It shall be a violation of this section to park a vehicle in parking areas or designated parking spaces in such a manner or under such conditions that causes the vehicle or any portion thereof to occupy more than one parking space or extend onto or across the lines of markings which designate a parking space.

(5)

It shall be a violation of this section to deposit in any parking pay station or other parking regulation device anything other than a coin of the United States, other city authorized token, card or approved material designated for use in a city parking pay station. No bent, cut torn, battered or otherwise misshapen material shall be deposited in any parking pay station. It is also a violation for any unauthorized person to remove, deface, tamper with, open, break, destroy or damage any parking pay station or other parking regulation device. It is also a violation for any person willfully to manipulate any parking pay station or other parking regulation device in such a manner that the device is rendered inoperable or does not operate properly.

(6)

These sections may be enforced and a citation or ticket can be issued by any authorized sworn law enforcement officer or a parking enforcement specialist, as provided in F.S. § 316.640 or any amended or successor statute.

(Ord. No. 44-25 , § 5, 9-3-2025)

(a)

For the purposes of this section the following definitions apply unless the context clearly indicates or requires a different meaning:

1.

Commercial lettering. Letters, numbers, symbols, or combinations thereof which advertise a trade, business, industry, or other activity for profit or a product, commodity, or service. The term shall not include bumper stickers affixed to bumpers only or the decal or plate commonly applied to a motor vehicle by a motor vehicle dealer.

2.

Commercial rack. is any frame, device, or other apparatus that is designed and constructed for the primary purpose of carrying tools, building materials, or merchandise. Racks designed and constructed for carrying luggage or sporting equipment, such as kayaks, canoes, or bicycles, shall not be considered to be Commercial Racks so long as they are used for the purpose of carrying the aforesaid items. Furthermore, a rack designed and constructed for carrying a ladder (a "ladder rack") that is attached to a motor vehicle shall not be considered to be a Commercial Rack, provided the ladder rack is not wider than the vehicle to which it is attached and no part of such ladder rack extends more than 16 inches above the cab of the vehicle or extends beyond the tailgate of the vehicle.

3.

Commercial vehicle. is an agricultural, construction, or industrial motor vehicle or any bus, step van, truck, or truck tractor. The term shall also include a pickup truck from which the cargo box has been removed. Any motor vehicle with one or more tools (including a ladder), building materials, or merchandise visible from the street or abutting residential property, or a "commercial rack" that is visible from the street or abutting residential property shall be deemed a commercial vehicle. A light van, passenger car, sports utility vehicle (SUV), pickup truck, jeep, motorcycle, or similar type of motor vehicle containing commercial lettering, and which is not otherwise deemed a commercial vehicle hereunder, shall not be considered a commercial vehicle.

4.

Recreational vehicle, is a vehicle, including a park trailer, which is:

i.

Built on a single chassis;

ii.

Designed to be self-propelled or permanently towable by a light duty truck; and

iii.

Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

5.

Trailer. is any vehicle without motive power designed for carrying persons or property on its own structure and to be drawn by a motor vehicle regardless of hitch type.

6.

Vehicle for human habitation. is a house car, camp car, camper, house trailer, or any vehicle by whatever name known, school bus, or other bus designed or adaptable for human habitation, whether such vehicle moves by its own power or by power supplied by a separate vehicle.

(b)

It shall be unlawful for any owner, agent, operator, or person in charge of a trailer or commercial vehicle to park, store, or keep such trailer or commercial vehicle on the pavement or in the swale of any public street adjoining property located within the R-1, RE, RML, or RMM zoning districts in the city. Furthermore, it shall be unlawful for any owner of privately owned real property improved with a principal residential building in any zoning district in the city to park on, cause to be parked on, or allow to be parked on such property any trailer or commercial vehicle , except as otherwise provided herein.

(c)

The prohibitions of Section 12-127.6(b) shall not apply to the following:

1.

Temporary parking of any trailer or commercial vehicle on private property or in the adjoining swale of any public street within the R-1, RE, RML, or RMM zoning districts or any property with a principal residential building, where construction for which a current and valid permit has been issued by the city is underway on the property and the permit is properly displayed on the premises. Such trailer or commercial vehicle is permitted to be parked on the real property only during the time period that the construction is actually physically occurring. Nothing in this subsection is intended to require a permit where none is otherwise required or to allow a trailer or commercial vehicle to be parked on private property or in the adjoining swale of any public street within the R-1, RE, RML, or RMM zoning districts or any property with a principal residential building when construction is not actually physically occurring on the private property.

2.

Deliveries by tradespeople or the use of trailers or commercial vehicles in making service calls.

3.

Temporary parking of a commercial vehicle or recreational vehicle while such vehicle is being used by the operator for travel to and from the site with a principal residential building for personal reasons of a temporary nature such as for a meal or to visit or serve an ill person. Such temporary parking shall not, however, exceed a total of two hours duration during any 24-hour time period.

4.

Emergency parking of a disabled commercial vehicle, recreational vehicle, or trailer. However, any such commercial vehicle, recreational vehicle, boat, or trailer shall be removed from the R-1, RE, RML, or RMM zoning district or a site with a principal residential building within 24 hours by wrecker towing or other available means regardless of the nature of the emergency.

5.

Parking of any trailer or commercial vehicle, provided that all of the following conditions are met:

i.

The trailer or commercial vehicle is parked in a permitted garage or carport;

ii.

When parked in a garage or carport, no part of such trailer or commercial vehicle may project horizontally beyond the roofline of the garage or carport; and

iii.

When parked in a carport, such trailer or commercial vehicle is screened on three sides.

6.

The parking of any trailer or commercial vehicle in the A zoning district that is improved with a principal residential building on the site, has an active agricultural operation, or has an active certificate of zoning compliance that does not involve a home-based business.

(d)

Any combination of the following motor vehicles may be parked in the R-1, RE, RML, or RMM zoning districts, or on a parcel improved with a principal residential building:

1.

Any light van, passenger car, sports utility vehicle (SUV), pickup truck, jeep, motorcycle, or similar type of motor vehicle which is not a commercial vehicle. Notwithstanding the foregoing, it shall be prohibited for any owner of property improved with a single-family detached dwelling, single-family semi-detached dwelling, or duplex dwelling to park on, cause to be parked on, or allow to be parked on such property outside of a garage or carport more than two motor vehicles containing commercial lettering at any given time. The foregoing prohibition shall not apply to the following:

i.

Temporary parking of a motor vehicle containing commercial lettering on such improved property, where construction for which a current and valid permit has been issued by the city is underway on the property and the permit is properly displayed on the premises. Such motor vehicles are permitted to be parked on the property only during the time period that the construction is actually physically occurring. Nothing in this subsection is intended to require a permit where none is otherwise required.

ii.

Deliveries by tradespeople or the use of a motor vehicle containing commercial lettering in making service calls to such improved property.

iii.

Temporary parking of a motor vehicle containing commercial lettering while such vehicle is being used by the operator for travel to and from such improved property for personal reasons of a temporary nature such as for a meal or to visit or serve an ill person. Such temporary parking shall not, however, exceed a total of two hours duration during any 24-hour time period.

iv.

Emergency parking of a disabled motor vehicle containing commercial lettering. However, any such vehicle shall be removed from such improved property within 24 hours by wrecker towing or other available means regardless of the nature of the emergency.

2.

For the purposes of Section 12-127.6(d), any motor vehicle described in (d)1. containing commercial lettering shall not be considered parked outside of a garage or carport, provided that all of the following conditions are met:

i.

Such motor vehicle is parked in a permitted garage or carport;

ii.

When parked in a garage or carport, no part of such motor vehicle may project horizontally beyond the roofline of the garage or carport; and

iii.

When parked in a carport, such motor vehicle is screened on three sides.

(e)

No vehicle for human habitation shall be kept or parked on property improved with a principal residential building or on adjoining public rights-of-way, except when parked entirely within the confines of a garage or carport, or in accordance with the following:

1.

Non-resident. Vehicles for human habitation when used for transportation of visitors to this city to visit friends or members of the visitors' family residing in this city may, upon obtaining a permit (for which a charge shall not be made) from the city, be parked upon the premises of the visited family for a period not exceeding ten days. The permit shall be affixed to the vehicle in a conspicuous place on the street side thereof. The city may, for good cause shown, authorize the issuance of a second consecutive free permit not to exceed ten days. An additional permit for the parking of such vehicle will not be issued until after the expiration of 15 days after termination of the last prior permit. For purposes of this section, a person who owns or leases property in the City of Cape Coral shall not be deemed to be a "non-resident" when he or she parks a vehicle for human habitation on property that he or she owns or leases even if such person does not "reside" on the subject property.

2.

Resident. When a vehicle for human habitation is owned or leased by the person who also owns or leases the residential property or property improved with a principal residential building on which such vehicle is to be parked, such vehicle for human habitation may be parked upon the premises of the resident for a period not exceeding 72 hours for loading and cleaning provided that a permit is first obtained from the city. A vehicle for human habitation may be parked upon the premises of the resident for unloading after a trip for a period of 72 hours provided that a permit is first obtained from the city. There shall be a minimum of a 48-hour interval between the expiration of one permit and the issuance of another. The permit for each such period shall be affixed to the vehicle in a conspicuous place on the street side thereof. The city shall not charge a fee for the permits to park a vehicle for human habitation upon the premises of the resident as required by this section.

3.

Pop-up campers. A pop-up camper may be parked, only in a closed or folded condition, in the rear yard of a residential lot in the R-1, RE, RML, or RMM zoning districts or a site improved with a principal residential building. For purposes of this paragraph, a "pop-up camper" shall consist of a non-motorized trailer which includes, or on which is mounted, a tent-like enclosure (but such enclosure may be made of canvas or similar material, solid materials, or any combination thereof) to be used for camping purposes, which enclosure opens or expands or unfolds to accommodate temporary occupancy and which closes or folds up into itself in such a way as to be unusable for occupancy and to be no more than 55 inches in height when measured from ground level.

(f)

The following are exempt from the provisions of this section:

1.

Trailers or commercial vehicles in actual use, or moving directly to or from the location of actual use, which are owned or leased by:

i.

The city for the accomplishment of a municipal purpose;

ii.

A contractor or subcontractor under agreement with the city to accomplish a municipal purpose; or

iii.

A public utility operating within the city, or a contractor or subcontractor under agreement with such public utility; for the installation, maintenance, adjustment, or repair of or to a public utility facility.

However, no towing company, or other business entity, or any of its officers, employees, and agents shall be exempt from the provisions of this section solely because the towing company or other business entity has been employed by the city to provide towing or other services.

2.

Commercial vehicles owned by or leased by governmental entities, including the city, Lee County, or the State of Florida, which are parked in any zoning district on a parcel improved with a permitted residential structure when such vehicles are lawfully in the possession of an authorized agent or employee of the governmental entity. This category shall include police or sheriff's vehicles which are permitted to be driven to residences of authorized employee(s) of such law enforcement entities.

(g)

In applying the terms of this section, the following rules of construction shall apply:

1.

Any motor vehicle or trailer which is partially built or in the process of conversion shall be included under the most stringent definition that can be applied.

2.

In case of doubt as to the proper classification of a specific vehicle, a determination by the state's Department of Highway Safety and Motor Vehicles shall be controlling. The body description and classification on the motor vehicle certificate of title shall be prima facie evidence of such determination.

(Ord. No. 44-25 , § 5, 9-3-2025)

a.

Car covers. Light vans, passenger cars, sports utility vehicles (SUVs), pickup trucks, jeeps, motorcycles, or similar types of motor vehicles that are not considered commercial vehicles, parked on property improved with a principal residential building in the R-1, RE, RML, or RMM zoning districts, may be covered with a car cover, provided the car cover is kept in good condition. For purposes of this regulation, good condition shall mean the car cover is not torn, ripped, or frayed. The use of tarps, blankets, sheets, plastic sheeting, wood products, or any other material other than a car cover is prohibited. The use of a torn, ripped, or frayed car cover is prohibited. The use of a car cover on a commercial vehicle parked on property improved with a principal residential building in the R-1, RE, RML, or RMM zoning districts is prohibited.

b.

Prohibited parking on pervious surfaces. Unless specifically permitted by this article or state law, parking is prohibited on or over any pervious surface in the R-1, RE, RML, or RMM zoning districts on property improved with a principal residential building. This prohibition includes, but is not limited to, parking on or over the grass, sod, shell, rocks, dirt, or stones. In said residential zoning districts, parking is permitted on and over approved impervious surfaces, which include concrete, asphalt, paver blocks, stone pavers, and rock pavers.

(Ord. No. 44-25 , § 5, 9-3-2025)

Property zoned industrial and agricultural shall have no restrictions placed upon it as to the parking of trucks or unoccupied vehicles for human habitation, except as otherwise regulated within a recreational vehicle park, or as a condition of special exception or a planned unit development.

(Ord. No. 44-25 , § 5, 9-3-2025)

Hotels and motels are considered business enterprises, therefore, trucks, trailers, buses, and other commercial vehicles, as well as vehicles for human habitation may be parked on the premises of such businesses. Such vehicles must not be parked in streets, alleys, or other rights-of-way.

(Ord. No. 44-25 , § 5, 9-3-2025)

a.

It shall be unlawful for any person to park, store, keep, maintain, or permit to be parked, stored, kept, or maintained in front or side yard of a single or multi-family residence, or on a vacant lot in a residential area, any boat or empty boat trailer. A maximum or two boats on trailers, or an empty boat trailer may be parked on the rear yard provided the same is not allowed to fall into a state of disrepair. If grass or weeds are allowed to grow around or under it to a height exceeding 12 inches, then it may be declared a nuisance and the owner charged accordingly. An empty boat trailer may be parked at a launching site during the period of time that the boat is launched therefrom for a single voyage and while in the process of loading or unloading the boat or trailer. A boat, empty boat trailer, or a boat on a trailer may be parked entirely within the confines of a garage or carport meeting the requirements of this ordinance.

b.

All boats and boat trailers parked, stored, kept, or maintained in the R-1, RE, RML, or RMM zoning districts must have a current registration from the State of Florida. This requirement also applies to any boats moored at docks or seawalls or stored on boat lifts or davits.

c.

For purposes of this section, two personal watercraft shall equal one boat.

d.

When a boat is owned or leased by the person who also owns or leases the residential property on which such vehicle is to be parked, such boat may be parked upon the premises of the resident for a period not exceeding 72 hours for loading and cleaning provided that a permit is first obtained from the city. A boat may be parked upon the premises of the resident for unloading after a trip for a period of 72 hours provided that a permit is first obtained from the city. There shall be a minimum of a 48-hour interval between the expiration of one permit and the issuance of another. The permit for each such period shall be affixed to the boat in a conspicuous place on the street side thereof. The city shall not charge a fee for the permits to park a boat upon the premises of the resident as required by this section.

(Ord. No. 44-25 , § 5, 9-3-2025)

It shall be unlawful for any person to park, store, keep, maintain at any time, or permit to be parked, stored, kept, or maintained at any time on any unimproved property in any zoning district any motor vehicle, boat, or trailer of any kind, type, or description, including any boat and trailer in combination, except that this prohibition shall not apply to any unimproved property on which temporary parking of such motor vehicles, boats, or trailers has been authorized by the property owner(s), in writing, and approved by the city in association with a special event that has been approved by the city. Throughout this subsection, the term TRAILER shall be deemed to mean and include both a boat mounted on a trailer and the trailer itself.

1.

In the event a motor vehicle, boat, or trailer is parked, stored, kept, or maintained on an unimproved property in any zoning district at any time, a City Code Compliance Officer shall place a written notice of violation on the vehicle, boat, or trailer indicating that it is in violation of this section and that it must be removed within three calendar days from the date of the notice or it will be subject to removal by the city. The Code Compliance Officer shall make every reasonable attempt to ascertain the owner of the vehicle, boat, or trailer and the owner of the real property, and shall notify such owner(s) with a written notice delivered by mail or personal service at their current address, last known address, or the address appearing on the certificate of title for the vehicle, boat, or trailer. The notice placed on the vehicle, boat, or trailer and all notices provided to the owners or apparent owners of the vehicle, boat, trailer, and the land shall advise of the possible appeal provided for in the following subsection 2.

2.

Within the three-calendar day period specified in the aforesaid notice, the owner of the vehicle, boat, trailer, or the owner of the real property may appeal to a Special Magistrate utilized by the city to conduct hearings concerning violations involving vehicle(s), boat(s), or trailers) parked, stored, kept, or otherwise maintained on vacant real property. The appeal shall be filed at the office of the City Manager, must attach a copy of the notice of violation appealed, and must include the name of the person filing the appeal and an address at which such person may be served notice of the hearing on the appeal. The hearing on the appeal shall be conducted the same as a code enforcement hearing for a case initiated by a Code Compliance Officer pursuant to §§ 2-85 through 2-92 of the Code of Ordinances of the City of Cape Coral, Florida. The Special Magistrate shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is instituted, no removal of the vehicle, boat, or trailer shall be required until the appeal has been dismissed or finally determined by the Special Magistrate with a finding of a violation.

3.

If no appeal is made or if an appeal is made but dismissed and the vehicle, boat, or trailer remains in violation after the three calendar day period, or if an appeal is resolved with a finding of a violation and the vehicle, boat, or trailer is not removed within whatever time period is allowed by the Special Magistrate, the City Code Compliance Manager shall cause such vehicle, boat, or trailer to be towed from the property and thereafter stored and disposed of in accordance with applicable state law or city ordinance. The Special Magistrate may also assess fines and costs; the same as for any code enforcement violation.

The city shall not be responsible for the towing charges resulting from the removal of the vehicle, boat, or trailer from the property. Instead, the owner(s) of the vehicle, boat or trailer shall be responsible for all such charges.

4.

The authorization in this section for the towing of vehicles, boats, or trailers parked, kept, stored, or otherwise maintained on unimproved property shall be construed as supplementary to any other means of enforcement available to the city and shall not be construed so as to negate the authority of the Special Magistrate to hear and adjudicate appropriate cases.

(Ord. No. 44-25 , § 5, 9-3-2025)

a.

The provisions of Section 12-127.10 shall not apply to vehicles parked on the premises of churches, clinics, schools, child care facilities, assisted living facilities, public libraries, public buildings, public and club swimming pools, private clubs, golf courses, utilities, hotels and motels, and parks and recreational areas, while the persons transported thereby are attending or participating in activities or being treated or served thereat, nor to buses, trucks, or trailers parked at any time in a space prepared or designated therefore on said premises, if such vehicles are used or operated by or for the operation of the places or institutions designated, except that such vehicles cannot be used for residential purposes.

b.

The provisions of Section 12-127.10 shall not apply to vehicles parked on unimproved or vacant lots within the boundaries of the South Cape zoning district, provided the following requirements are met:

i.

The unimproved or vacant property must be zoned for commercial use and must be immediately adjacent to the business premises for which parking is being provided. For purposes of this section, the phrase IMMEDIATELY ADJACENT shall mean sharing all or part of a property line with the business premises or directly across a street or alley from the business premises, provided that the width of such street or alley is 50 feet or less and provided that all or part of the unimproved or vacant property lies within an extension of the property lines of the business premises across the street or alley.

ii.

If the vacant property which will be utilized for parking is not owned by the same person or entity as the developed commercial property it is intended to serve, the owner of the developed commercial property must have a bona fide lease for the adjacent vacant or unimproved property.

iii.

Parking on the vacant or unimproved property shall be limited to only patrons of the adjacent business and only during the hours that such business is in operation. The vacant or unimproved property shall be posted with a sign that states the foregoing two restrictions.

(Ord. No. 44-25 , § 5, 9-3-2025)

It shall be unlawful for any person to park, store, keep, maintain at any time, or permit to be parked, stored, kept, or maintained on any unimproved property in any zoning district, or outside of a completely enclosed building on any improved property in a C, CC, P, or I zoning district, any motor vehicle or trailer of any kind, type, or description including any boat mounted on a trailer, which is being displayed for sale, hire, or rental except as provided in subsections 9, 10 and 11 below. Throughout this subsection, the term "trailer" shall be deemed to mean and include both a boat mounted on a trailer and the trailer itself.

1.

In the event a motor vehicle or trailer is displayed for sale, hire, or rental in violation of this section, City Code Compliance Officer(s), law enforcement officer(s), or such other city employee(s) as may be designated by the city, are authorized to cause such vehicle or trailer to be immobilized or towed from the property to a garage or other place of safety, and thereafter disposed of in accordance with applicable state law or city ordinance. The city shall not be responsible for the towing charges resulting from the removal of the vehicle from the property. Instead, the owner(s) of the vehicle shall be responsible for all such charges. Immobilization and towing shall be accomplished in accordance with the following subsections 2 through 8.

2.

A motor vehicle or trailer parked in violation of this section may be immobilized with a "wheel lock," "boot," or other suitable device as long as a notice of violation is placed by the Code Compliance Officer on the vehicle or trailer indicating all of the following:

i.

That the vehicle or trailer is in violation of this section and that it must be removed from the property within ten calendar days from the date of the notice or it will be subject to removal by the city;

ii.

That the notice of violation may be appealed as provided in the following subsection 4;

iii.

That the wheel lock, boot, or other immobilization device will be removed from the vehicle or trailer upon the posting with the city of a $200 bond, in the form of cash, certified check, or surety bond; and

iv.

The name of the city official or department with which such bond must be posted and the street address thereof.

3.

The Code Compliance Officer shall make every reasonable attempt to ascertain the owner of the motor vehicle or trailer and the owner of the real property on which it is unlawfully parked, and to provide such owner(s) with a copy of the written notice of violation placed on the vehicle or trailer, such copy to be delivered by mail or personal service at their current address, last known address, or the address appearing on the certificate of title for the vehicle.

4.

Within the ten-calendar day period specified in the aforesaid notice, the owner of the vehicle or trailer or the owner of the real property may appeal to the City's Special Magistrate. The appeal shall be filed at the office of the City Manager, must attach a copy of the notice of violation appealed, and must include the name of the person filing the appeal and an address at which such person may be served notice of the hearing on the appeal. The hearing on the appeal shall be conducted the same as a code enforcement hearing for a case initiated by a Code Compliance Officer pursuant to §§ 2-85 through 2-92 of the Code of Ordinances of the City of Cape Coral, Florida. The Special Magistrate shall determine the validity of the violation and may for good cause extend the time for compliance or removal. If such an appeal is instituted, no removal of the vehicle or trailer shall be required until after said appeal has been dismissed or finally determined by the Special Magistrate with a finding of a violation of this section.

5.

If no appeal is made or if an appeal is made but dismissed and the vehicle or trailer remains in violation after the ten calendar day period, or if an appeal is resolved with a finding of a violation of this subsection and the vehicle or trailer is not removed within whatever time period is allowed by the Special Magistrate, the City Code Compliance Manager shall cause such vehicle to be towed from the property and thereafter stored and disposed of in accordance with applicable state law or city ordinance. The Special Magistrate may also assess fines and costs, the same as for any code violation.

The city shall not be responsible for the towing charges resulting from the removal of the vehicle from the property. Instead, the owner(s) of the vehicle shall be responsible for all such charges.

6.

The authorization in this section for the towing of vehicles and trailers unlawfully displayed for sale, hire, or rental shall be construed as supplementary to any other means of enforcement available to the city and shall not be construed so as to negate the authority of the Special Magistrate to hear and adjudicate appropriate cases.

7.

The provisions above, regarding Special Magistrates and Special Magistrate hearings, shall apply equally with regard to this section.

8.

Code Compliance Officer shall be notified and the wheel lock, boot, or other immobilization device shall, as soon as practicable, be removed from the vehicle or trailer. If no appeal of the violation is timely filed, or if an appeal is filed and is dismissed, the bond shall be forfeited to the city to cover the cost of inspection, notice of violation, and immobilization of the vehicle or trailer. If an appeal is filed and ultimately results in a finding by the Special Magistrate that no violation of this section occurred, the bond shall be returned to the person who posted it. If an appeal is filed and ultimately results in a finding by the Special Magistrate that a violation of this section occurred, the bond shall be applied to any fines and costs assessed against the violator by the Special Magistrate.

9.

If a motor vehicle being displayed for sale, hire, or rental is parked by the owner outside of a completely enclosed building in a designated parking space on any improved property in a C, NC, CC, P1, or I zoning district, while the owner of the vehicle is attending or participating in activities or is being treated or served by or is shopping at a facility located on such property, the motor vehicle and its owner shall not be in violation of this section. However, the leaving of any such vehicle on the same property for a period of eight consecutive hours shall create a rebuttable presumption that the owner is not attending or participating in activities or is being treated or served by or is shopping at a facility located on such property and that the motor vehicle and its owner are in violation of this section.

10.

This section shall not apply to any motor vehicle or trailer offered for sale on property developed and used for a licensed business which includes the sale of such vehicles or trailers or to any motor vehicle or trailer while it is being repaired on property developed and used for a licensed business which includes the repair of such vehicles or trailers.

11.

This section shall not apply to motor vehicles or trailers offered for sale on any property pursuant to a City Council special event approval.

(Ord. No. 44-25 , § 5, 9-3-2025)

(a)

Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

MEDIAN CUT. A paved area which traverses a median for the purpose of permitting vehicular access to the opposite side of the road or highway.

MEDIAN STRIP. A paved or planted strip dividing a road or highway into lanes according to direction of travel.

(b)

Prohibition. It shall be unlawful for any person:

(1)

To park a vehicle and/or place an object on a median strip in the city, except in case of an emergency, or to leave or permit a vehicle and/or object to remain upon a median strip, the same having been parked or placed there on account of an emergency, except a reasonable time to arrange for the removal of the vehicle or object therefrom; and/or

(2)

To cross, or cause to be crossed, a median strip with a vehicle, except at a median cut designated or prepared therefor, provided, however, that emergency vehicles shall be permitted to cross or park on median strips when in the performance of their duties.

(Ord. No. 44-25 , § 5, 9-3-2025)

(a)

Any service vehicle exceeding 10,000 pounds gross weight and operated within the city limits, may be left standing or stopped temporarily in one lane of a city laned highway, street or road adjacent to a customer's property provided the requirements of subsection (b) of this section are fully complied with.

(b)

While any vehicle is left standing or stopped temporarily in a lane of any city laned highway, street or road as authorized in subsection (a) of this section, the vehicles shall not be considered an obstruction of the street, highway or road, as prescribed in F.S. § 316.2045, provided that the vehicle operator shall place a stationary warning device as approved by the State of Florida, Department of Transportation, to the front and rear of the vehicle in the center of the lane occupied by the stopped or standing vehicle at approximately 50 feet from the vehicle as a warning to approaching traffic. Vehicles may be parked only during daylight hours and for no longer than a reasonable period to complete the purpose of the visit. Vehicles may be parked only for the purpose of servicing from the vehicle the premises at which they are parked.

(Ord. No. 44-25 , § 5, 9-3-2025)

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.

BICYCLE. Every vehicle propelled solely by human power upon which any person may ride, having two tandem wheels, and including any vehicle generally recognized as a bicycle though equipped with two front or two rear wheels, except such vehicles with a seat height of no more than 25 inches from the ground when the seat is adjusted to its highest position and except scooters and similar devices.

BICYCLE LANE or BIKE LANE. A portion of a roadway which has been designated by striping, signing and pavement markings for the preferential or exclusive use of bicycles.

BICYCLE PATH or BIKE PATH. A bikeway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way.

SIDEWALK. The portion of a street right-of-way for preferential or exclusive use by pedestrians.

SIDEWALK-BIKE PATH. The combined use of a portion of a street right-of-way for both pedestrians and bicycles.

(b)

Prohibition. No person shall stop, stand or park any motor vehicle upon a sidewalk, bike path or bike lane, except that a driver may stop temporarily during the actual loading or unloading of passengers or when necessary in obedience to traffic regulations, traffic signs or signals, a police officer or traffic control officer.

(c)

Prohibition. No person, except a public officer or employee in the performance of his or her duties, shall operate a motor vehicle upon a sidewalk, bike path or bike lane, except for crossing incident to appropriate access to adjacent property or street.

(d)

Prohibition. No person shall operate a motor vehicle on any utility easement, vacant lot or any other unpaved private property not owned by such operator, or their immediate family, without the express written consent of the owner(s). The foregoing prohibition shall not apply to public officers or employees in the performance of his or her duties or in cases of licensed contractors or service establishments actually doing work which require their driving on a utility easement, vacant lot, or private property.

(Ord. No. 44-25 , § 5, 9-3-2025)

The City Manager or their designee shall have the authority to post signs designating areas of regulated or restricted parking as provided by F.S. §§ 316.006 and 316.008 (1973), or other applicable laws.

(Ord. No. 44-25 , § 5, 9-3-2025)

(a)

Any person violating Sections 12-127, 12-127.1, 12-127.2, 12-127.3, 12-127.4, 12-127.13, 12-127.14 or 12-127.15, will be issued a uniform parking violation returnable to county court by any law enforcement officer or parking enforcement specialist, as defined and set forth in F.S. § 316.640, ("Parking Enforcement Officer"); will be charged with a non-criminal violation; and will be fined, as a civil penalty, as follows:

(1)

Two hundred fifty dollars for violation of Section 12-127.3. All fines received from penalties for this violation must be deposited in a separate municipal account to be used in the following manner:

a.

One-third to be used to defray expenses for the administration of handicapped parking violations.

b.

Two-thirds to be used to provide funds to improve accessibility and equal opportunity to qualified and physically disabled persons and to provide funds to conduct public awareness programs in the city.

(2)

One hundred dollars for violation of Sections 12-127, 12-127.1, 12-127.2, 12-127.4, 12-127.13, 12-127.14 or 12-127.15; however if payment is made within 48 hours of the date of violation, the fine is reduced to $75.

(3)

All penalties provided herein must be paid within 21 days from the issuance of the uniform parking violation, unless any person(s) elects to appear before a designated official to contest the violation within the specified time period. Failure to timely pay the citation or elect to appear before a designated official to contest the violation within the specified time period will result in a $48 late fee.

(4)

If a person contests the violation, the option of paying under paragraph (a)(2) is waived, and the fine must be $100.

(5)

A surcharge of $2 will be added on all parking fines for the sole purpose of funding the school crossing guard program, in accordance with F.S. § 318.21(11)a. The proceeds from the school crossing guard trust fund will be established in accordance with F.S. § 318.21(11)b, for the purpose of this surcharge.

(b)

The owner of a vehicle is responsible and liable for payment of any parking violation unless the owner can furnish evidence that the vehicle was, at the time of the parking violation, in the care, custody or control of another person. In such instances, the owner of the vehicle is required, within a reasonable time after notification of the parking violation, to furnish to the police department an affidavit setting forth the name and address of the person or company who leased, rented or otherwise had the care, custody or control of the vehicle. The affidavit submitted under this subsection is admissible in a proceeding charging a parking violation and raises the rebuttable presumption that the person identified in the affidavit is responsible for payment of the parking violation citation. The owner of a vehicle is not responsible for parking violation citations if the vehicle was, at the time, stolen or in the care, custody or control of some person who did not have permission of the owner to use the vehicle. The owner of a leased vehicle is not responsible for a parking violation citation and is not required to submit an affidavit or the other evidence specified in this section, if the vehicle is registered in the name of the person who leased the vehicle.

(c)

Any person who is issued a city parking violation citation by a parking enforcement officer must comply with the directions on the citation. If payment is not received or a response to the citation is not made within the time period specified thereon, the County Court, must notify the registered owner of the vehicle that was cited, or the registered lessee when the cited vehicle is registered in the name of the person who leased the vehicle, by mail to the address given on the motor vehicle registration, of the citation. Mailing the notice to this address constitutes notification. Upon notification, the registered owner or registered lessee must comply.

(d)

Any person who elects to appear before a designated official to present evidence waives his or her right to pay the civil penalty provisions of the citation set out in subsections (a)(2). above. The official, after a hearing, must make a determination as to whether a parking violation has been committed and upon finding that the violation has occurred, must impose the applicable fine in this section as a civil penalty, plus court or hearing costs, and the surcharge in this section. Any person who fails to pay the civil penalty within the time allowed by the designated official, or county court, is deemed to have been convicted of a parking violation, and the designated official or county court must take appropriate measures to enforce collection of the fine.

(e)

Except as otherwise provided in this section, or general law, all money received by the clerk of the county court as a result of parking citations issued by the city must be paid to the city as provided by general law.

(f)

At any hearing of the case involving illegal parking in which the owner of said vehicle is being tried under this article, it must be sufficient evidence upon which the court may rely to establish the name of the registered owner of such vehicle if a parking enforcement officer must state under oath that the officer has made inquiry of the department of highway safety and motor vehicles or office of the county tax collector and has been advised by them of the identity of such registered owner. Otherwise, the court may defer the final determination of such case until a certified record or appropriate certificate can be obtained from the office of the department of highway safety and motor vehicles or the county tax collector's office indicating the registered owner of the vehicle on the date in question.

(g)

In accordance with F.S. § 316.1967(6), or any amended or successor statutes, the Clerk of the Court must supply the Department of Highway Safety and Motor Vehicles, (Department) or its successor agency, with a magnetically encoded computer tape, reel or cartridge, or send by other electronic means data which is machine readable by the installed computer system at the Department, listing persons who have three or more outstanding parking violations, including violations of F.S. § 316.1955, or any amended or successor statute. The provisions of F.S. § 320.03(8), or any amended or successor statutes, which restricts renewal of license plate or revalidation sticker, must apply to each person whose name appears on the list.

(h)

In addition to the civil penalties imposed herein, Parking Enforcement Officers may tow, or cause to be towed and impounded, any vehicle or trailer stopped, standing, or parked in violation of Sections 12-127, 12-127.1, 12-127.2, 12-127.3, 12-127.4, 12-127.13, 12-127.14 or 12-127.15. Parking Enforcement Officers must tow, or cause to be towed and impounded, any vehicle or trailer stopped, standing, or parked as a second violation of the same code provision within the prior twelve-month period under Sections 12-127, 12-127.1, 12-127.2, 12-127.3, 12-127.4, 12-127.13, 12-127.14 or 12-127.15,

1.

If a vehicle or trailer is towed and impounded pursuant to this section, the registered owner must be notified in writing that the vehicle or trailer was towed and the location of the storage area. An inventory receipt will be suitable for such notice. The notification must be sent to the address on record with the Department of Highway Safety and Motor Vehicles.

2.

The Police Department shall provide the State Department of Highway Safety and Motor Vehicles with a full description of the towed vehicle or trailer within 24 hours of impoundment. Such information must also be made available to the appropriate storage area upon their request.

3.

No vehicle or trailer impounded in an authorized storage area pursuant to this section must be released therefrom until the charges for towing the vehicle or trailer into the storage area and storage charges have been paid.

(i)

Nothing contained in this section must prohibit the city from enforcing its Code of Ordinances by any other means available to the city.

(Ord. No. 44-25 , § 5, 9-3-2025)

(a)

Purpose and intent. The purpose and intent of this section is to discourage the retail sale of commercially bred dogs and cats from puppy mills and kitten factories. These facilities often house animals in overcrowded and unsanitary conditions without adequate veterinary care, food, water, and socialization, thereby causing or allowing heritable and congenital disorders and the spread of infectious diseases, any of which may be present immediately after a sale or not until several years later. It is further the intent of this section to require an adoption-based business model for the retail sale of dogs and cats at pet stores, whereby all dogs and cats shall be sourced from stray or unwanted pets that have been taken in by an animal care facility or animal rescue organization.

(b)

Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

Animal care facility means an animal control center or animal shelter, maintained by or under contract with any state, county, or municipality; whose mission and practice is, in whole, or in significant part, the rescue, care, and placement of animals in permanent homes or with rescue organizations; and which does not breed animals.

Animal rescue organization means a humane society or other duly incorporated nonprofit organization, which has tax exempt status under Section 501(c)(3) of the United States Internal Revenue Code; whose mission and practice is, in whole, or in significant part, the rescue, care, and placement of animals in permanent homes; and which does not breed animals.

Cat means an animal of any age of the species of domestic cat, Felis catus.

Dog means an animal of any age of the species of domestic dog, Canis familiaris.

Pet store means a retail establishment in which dogs and cats are sold, exchanged, bartered, or offered for sale as pets to the general public. Such definition shall not include an animal care facility, animal rescue organization, or a non-retail establishment at which the only dogs and cats sold, exchanged, bartered, or offered for sale were bred or reared on the premises of such establishment.

Pet store operator means a person who owns or operates a pet store.

(c)

Prohibition. No pet store shall sell, display, offer for sale, deliver, trade, barter, lease, auction, give away, or otherwise transfer or dispose of dogs or cats. Nothing in this section shall prohibit pet stores from collaborating with animal care facilities or animal rescue organizations to offer space for such entities to showcase adoptable dogs and cats to the public and collecting such facilities' or organization's adoption fee.

(d)

Disclosures. A pet store that provides space for the adoption of dogs or cats shall post, in a conspicuous location on the cage or enclosure of each such animal, a sign stating the name of the animal care facility or animal rescue organization that owns the dog or cat offered for adoption.

(e)

Amortization. Notwithstanding any provision to the contrary in this section, any existing pet store that sells dogs or cats and possessed an active City local business tax receipt on October 1, 2018, shall be permitted to continue its sales of dogs and cats in the City. The grandfather provisions provided herein shall not be transferable or assignable in any manner. Notwithstanding any provision to the contrary in this section, any pet store that sells dogs or cats and possesses an active City local business tax receipt on October 1, 2019, shall be permitted to continue its sales of dogs and cats until September 30, 2020.

(f)

Enforcement and penalties.

(1)

Failure to comply with this Section 12-128 shall constitute a violation of Section 12-128 and shall subject the pet store operator to the code enforcement provisions and procedures provided in Sections 2-81 through 2-96, Cape Coral Code of Ordinances. Violations of this Section 12-128 shall be punishable by a fine in the amount $250.00 for a first violation, and $500.00 for any subsequent violation occurring within one (1) year after a finding of a violation of the previous offense.

(2)

The City may also initiate a civil action in a court of competent jurisdiction to enjoin any violation of this section.

(3)

Each dog or cat sold, displayed, offered for sale, delivered, traded, bartered, leased, auctioned, given away, or otherwise transferred in violation of this section shall constitute a separate and distinct offense. Each failure to post a sign for an individual dog or cat as required by this section shall constitute a separate and distinct offense.

(Ord. 37-19, § 1, 8-5-2019)

(a)

Purpose and intent. The purpose and intent of this section is to establish a registration process to address the significant amount of residential rental property located within the City of Cape Coral. It is the city's further intent to specifically establish a residential rental property registration program as a mechanism to protect neighborhoods from becoming blighted through the lack of adequate maintenance of residential rental properties.

(b)

Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

DWELLING UNIT shall have the same meaning as provided in Article 11 of the Cape Coral Land Development Code, as amended.

LEASED or RENTED shall mean any arrangement, by written agreement or otherwise, in order to lease, sublease, rent, license, sublicense, or allow occupancy of a residential rental property.

LONG TERM RESIDENTIAL RENTAL PROPERTY shall mean a residential rental property that is leased or rented to another person or entity for a consecutive period greater than six months.

OWNER shall mean any person having any legal or equitable interest in any residential rental property.

PARCEL shall have the same meaning as provided in Article 11 of the Cape Coral Land Development Code, as amended.

RESIDENTIAL RENTAL PROPERTY shall mean a dwelling unit, or any habitable space located in a residential or mixed-use structure including, but not limited to, condominiums, single-family dwellings, and multi-family dwellings, that is leased or rented to another person or entity. Residential rental property shall not include any dwelling unit that is owned by a federal, state, or local housing program or the Federal Department of Housing and Urban Development, hotels, motels, or any community residential facility licensed and inspected by the state of Florida.

SHORT TERM RESIDENTIAL RENTAL PROPERTY shall mean a residential rental property that is leased or rented to another person or entity for a period of six months or less.

(c)

Registration of residential rental property required.

(1)

The owner of any residential rental property located in the City of Cape Coral shall be required to register each said property with the City Clerk's Department ("Department"), on forms provided by the city or through the online registration portal on the city's website.

(2)

The registration by the owner shall provide the city with contact information for the residential rental property, including, but not limited to, legal name of the owner, and an individual or company name, direct mailing address, email address (if any), and telephone number for a person or entity responsible to respond to any nuisances, code violations, and emergencies that may arise at the residential rental property.

(3)

The owner shall maintain current contact information with the Department and shall be required to notify the Department within 30 days after any changes to the registration information provided to the City. In the event ownership of the residential rental property changes, the new owner shall register said property with the Department within 30 days from the date of such ownership transfer, in accordance with Subsection (c)(1) above.

(4)

At the time of registering a residential rental property with the city, and on the anniversary date of such registration each year, the owner shall pay the city an annual registration fee for an individual dwelling unit. The annual registration fees for long term residential rental property and short term residential rental property shall be established by Resolution of the City Council. Notwithstanding the foregoing, owners of residential or mixed-use structures containing more than one dwelling unit, when each unit is owned by the same owner and located on the same parcel, may register all such units with the Department under a single registration and pay one annual registration fee for the long term residential rental property or short term residential rental property, as the case may be. The failure of the owner to renew its residential rental property registration with the city within 30 days of the anniversary date of such registration will result in a late fee as established by Resolution of the City Council.

(d)

Enforcement and penalties. The failure to register a residential rental property with the city, or otherwise comply with this section, shall be a violation of this section and subject the owner to the code enforcement provisions and procedures provided in Section 2-81 through 2-96, Cape Coral Code of Ordinances.

(1)

Notwithstanding any civil penalty provided for in Subsection (d)(2) or (d)(3) below, any owner registering a residential rental property with the city as a long term residential rental property that is subsequently found to be renting or leasing such residential rental property as a short term residential rental property shall constitute a violation of Subsection (c)(1) and shall be subject to the following civil penalties:

a.

If the violation is the first offense, the owner shall receive a civil penalty of $1,000.

b.

If the violation is the second or any subsequent violation within the preceding 36 months, the owner shall receive a civil penalty of $2,000.

(2)

Notwithstanding any civil penalty provided for in Subsection (d)(1) or (d)(3) herein, any owner that has failed to renew its residential rental property registration within 30 days of the anniversary date of such registration, and is found in violation of Section 12-129, shall be subject to the late fee as established by Resolution of the City Council, and shall be subject to the following civil penalties:

a.

The civil penalty for a violation of this section by the owner of a long term residential rental property shall be $250. The civil penalty for a second and any subsequent violation of this section within any 36-month period by the owner of a long term residential rental property shall be $500.

b.

The civil penalty for a violation of this section by the owner of a short term residential rental property shall be $500. The civil penalty for a second and any subsequent violation of this section within any 36-month period by the owner of a short term residential rental property shall be $1,000.

c.

Each day any violation of any provision of this section shall continue shall constitute a separate offense.

d.

The Special Magistrate shall not have the discretion to alter the civil penalties prescribed in this section.

(3)

Notwithstanding any civil penalty provided for in Subsection (d)(1) or (d)(2) above, any owner that is found in violation of Section 12-129, shall be subject to the following civil penalties:

a.

The civil penalty for a violation of this section by the owner of a long term residential rental property shall be $500. The civil penalty for a second and any subsequent violation of this section within any 36-month period by the owner of a long term residential rental property shall be $1,000.

b.

The civil penalty for a violation of this section by the owner of a short term residential rental property shall be $1,000. The civil penalty for a second and any subsequent violation of this section within any 36-month period by the owner of a short term residential rental property shall be $2,000.

c.

Each day any violation of any provision of this section shall continue shall constitute a separate offense.

d.

The Special Magistrate shall not have the discretion to alter the civil penalties prescribed in this section.

(4)

The City Clerk, or City Clerk's designee, shall notify the Lee County Property Appraiser in writing of any property that is found in violation of this section and which a homestead exemption is claimed.

(Ord. 24-21, § 1, 3-17-2021; Ord. 53-25, § 2, 9-17-2025)

(a)

Except as provided herein, or as otherwise permitted by law, it is unlawful to make any use of the public rights-of-way in a manner that interferes with the safe and efficient movement of people and property from place to place on a public road or right-of-way. Such prohibited activity includes by way of example and not limitation the following:

(1)

Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge on an arterial or collector road within the City of Cape Coral by a pedestrian when that pedestrian is not in the process of lawfully crossing the road in accordance with applicable traffic and safety laws.

A.

Stopping, standing or otherwise occupying a median that is not a sufficient pedestrian refuge through two consecutive opportunities to cross in accordance with applicable traffic and safety laws is prima facie evidence of a violation of this section.

B.

For purposes of this section, a "sufficient pedestrian refuge" shall be defined as a paved or unpaved median separating lanes of traffic, which is at least six feet wide when measured from back of curb to back of curb.

(2)

Engaging in any physical interaction between a pedestrian and an occupant of a motor vehicle, including the transfer of any product or material, while the motor vehicle is located in or on the travelled portion of an arterial or collector road within the City and is not legally parked.

(3)

For purposes of this section, the phrase "public rights-of-way" shall be defined as set forth in F.S. § 334.03(22), as may be amended.

(b)

Nothing in this section shall prohibit the following:

(1)

Law enforcement, fire and rescue, or other government employees or contractors while acting within the scope of their lawful authority.

(2)

A person conducting inspection, construction, maintenance, repair, survey, or other legally authorized services.

(3)

A person responding to lend aid during an emergency situation.

(4)

Entering or exiting a bus or other public transit system.

(5)

Use of public roads and rights-of-way that have been closed to vehicular traffic for any event, when a permit has been obtained from the City prior to such event, and the use of public roads and rights-of-way are in compliance with any conditions imposed by that permit.

(c)

Enforcement and penalties.

(1)

The authority to enforce the provisions of this section shall be vested in the Cape Coral Police Department.

(2)

Any person who violates any of the provisions of this section shall be subject to a fine in an amount not to exceed $500 or by imprisonment in the county jail for a term not exceeding 60 days, or by both the fine and imprisonment.

(Ord. 54-21, § 1, 6-16-2021)

The purpose and intent of this Article is to protect the health, safety, and welfare of city residents by authorizing the placement or installation and use of speed detection systems on roadways maintained as a school zone as authorized under F.S. § 316.008, pursuant to F.S. § 316.1895, within the jurisdiction of the city, to promote compliance with speed limits in school zones, and to adopt a quasi-judicial system to enforce violations. This Article provides a supplemental means of enforcing unlawful speed violations in school zones and shall not prohibit a law enforcement officer from issuing a uniform traffic citation for a traffic violation in accordance with F.S. Ch. 316.

(Ord. 39-24, § 2, 6-5-2024)

For the purposes of this Article, the following terms shall have the meanings given below:

(a)

HEARING PROCEDURES shall mean the procedures set forth under F.S. § 316.1896, governing noticing, scheduling, and conducting hearings before a Local Hearing Officer.

(b)

LAW ENFORCEMENT OFFICER shall mean, as defined by F.S. § 943.10(1), any person who is elected, appointed, or employed full time by a municipality or the state or any political subdivision thereof, who is vested with authority to bear arms and make arrests; and whose primary responsibility is the prevention and detection of crime or the enforcement of the penal, criminal, traffic, or highway laws of the state.

(c)

LOCAL HEARING OFFICER shall mean the Special Magistrate(s), as codified in Chapter 2, §2-83, Cape Coral Code of Ordinances, or other city appointee as permitted by law and as established by the City Council through a resolution.

(d)

MOTOR VEHICLE shall mean, as defined by F.S. § 316.003, a self-propelled vehicle not operated upon rails or guideway, but not including any bicycle, electric bicycle, motorized scooter, electric personal assistive mobility device, mobile carrier, personal delivery device, swamp buggy, or moped.

(e)

NOTICE OF VIOLATION shall mean the written notification sent to the registered owner of a vehicle after a school zone speed infraction by that vehicle has been captured by a speed detection system and thereafter reviewed and approved by a law enforcement officer or traffic infraction enforcement officer. A notice of violation must be in the form and include the contents prescribed by F.S. § 316.1896, as it may be amended.

(f)

SCHOOL ZONE shall mean that portion of a street or highway established as a school zone pursuant to F.S. § 316.1895, as it may be amended.

(g)

SCHOOL ZONE SPEED ENFORCEMENT PROGRAM shall mean the regulations and procedures governing the use of speed detection systems on roadways maintained as a school zone within the jurisdiction of the city, as provided for by applicable law and established by this section.

(h)

SCHOOL ZONE SPEED INFRACTION shall mean a violation of F.S. § 316.183 or F.S. § 316.1895, captured by a speed detection system on a roadway maintained as a school zone during the hours provided for by applicable law and set forth in this section.

(i)

SCHOOL ZONE SPEED LIMIT shall mean the regularly posted or reduced posted speed limit within a school zone pursuant to F.S. § 316.1895.

(j)

SPEED DETECTION SYSTEM shall mean a portable or fixed automated system used to detect a motor vehicle's speed using radar or LiDAR and to capture a photograph or video of the rear of a motor vehicle that exceeds the speed limit in force at the time of the violation. This term is synonymous with the term "Speed Detection System" defined in F.S. § 316.003(83), as it may be amended.

(k)

TRAFFIC INFRACTION ENFORCEMENT OFFICER shall mean a person who meets the qualifications established by F.S. § 316.640, as it may be amended.

(l)

UNIFORM TRAFFIC CITATION shall mean the citation issued to the registered owner of a vehicle for a school zone speed infraction, in the form and including the contents prescribed by F.S. §§ 316.1896 and 316.650, as it may be amended.

(Ord. 39-24, § 2, 6-5-2024)

(a)

The City Manager or City Manager's designee, in cooperation with the Cape Coral Police Department and any necessary city staff as determined by the City Manager or City Manager's designee, and any approved vendor and its employees and agents, are empowered to administer and assist with the city's school zone speed enforcement program, consistent with the provisions of Chapter 2023-174, Laws of Florida, subject to any other applicable state law, this Article, and all corresponding City Council resolutions. This Article shall further enable the city to enter into agreements with one or more vendors to place or install speed detection systems and carry out services consistent with the implementation and enforcement of the provisions of Chapter 2023-174, Laws of Florida.

(b)

As permitted and defined by applicable law and corresponding resolution adopted by the City Council, the city may designate its Special Magistrate(s), or other city appointee, as its Local Hearing Officer, who shall have jurisdiction to conduct proceedings in accordance with Chapter 2023-174, Laws of Florida, and F.S. § 316.1896, as such may be amended from time to time.

(c)

In accordance with Chapter 2023-174, Laws of Florida, and F.S. § 316.1896, as may be amended, the City Council shall designate by resolution existing city staff to serve as the clerk to the Local Hearing Officer.

(Ord. 39-24, § 2, 6-5-2024)

(a)

Vendor Contract. Pursuant to F.S. § 316.0776, before the city contracts or renews a contract to place or install a speed detection system in a school zone, the contract or contract renewal must be approved by the City Council at a regular or special City Council meeting. The contract or contract renewal may not be heard on the consent agenda and the public must be allowed to comment pursuant to the city's public comment policies.

(b)

Installation and Operation of Speed Detection Systems. Pursuant to F.S. §§ 316.008 and 316.0776, speed detection systems may be installed and operated only in the school zones designated by this section, or subsequent amendments thereto.

(c)

Signage Requirements. The installation and operation of speed detection systems, including required signage, shall be in accordance with F.S. Ch. 316, all applicable regulations of the Florida Department of Transportation and the Florida Department of Highway Safety and Motor Vehicles, and the terms of any Memorandum of Understanding or other written agreement that may be entered into between Cape Coral Police Department and/or the city and its vendor(s).

(d)

Public Awareness. Pursuant to F.S. § 316.0776, before notices of violation for school zone speed infractions may be issued, a public announcement and 30-day public awareness campaign of the initial proposed use of speed detection systems must be conducted. During the 30-day public awareness campaign, only a warning may be issued to the registered owner for a school speed zone infraction and a fine shall not be imposed.

(Ord. 39-24, § 2, 6-5-2024)

Having considered evidence at a public hearing supporting the installation and operation of speed detection systems on certain roadways maintained as school zones within the jurisdiction of the city, the school zones on the roadways surrounding the following schools constitute a heightened safety risk that warrants additional enforcement measures by installation or placement of speed detection systems pursuant to F.S. § 316.008. Subsequent speed detection systems may be approved for inclusion or removal via amendment to this section in accordance with applicable law.

Ida S. Baker High School
3500 Agualinda Blvd.

Challenger Middle School
624 Trafalgar Pkwy.

Diplomat Middle School
1039 NE 16th Ter.

Mariner Middle School
425 Chiquita Blvd. N.

Trafalgar Middle School
2120 Trafalgar Pkwy.

Cape Elementary School
4519 Vincennes Blvd.

Diplomat Elementary School
1115 NE 16th Ter.

Gulf Elementary School
3400 SW 17th Pl.

Oasis Charter Elementary School (North)
2817 SW 3rd Ln.

Patriot Elementary School
711 SW 18th St.

Pelican Elementary School
3525 SW 3rd Ave.

Skyline Elementary School
620 SW 19th St.

Trafalgar Elementary School
1850 SW 20th Ave.

Heritage Charter Academy of Cape Coral
2107 Santa Barbara Blvd.

St. Andrews Catholic School
1509 SE 27th St.

Nicaea Academy of Cape Coral
3221 Chiquita Blvd. S.

Cape Coral Christian School
811 Santa Barbara Blvd.

(Ord. 39-24, § 2, 6-5-2024)

(a)

General Powers. The Cape Coral Police Department shall be authorized to enforce the applicable speed limit on a roadway properly maintained as a school zone pursuant to Chapter 2023-174, Laws of Florida, for violations of F.S. §§ 316.183 and 316.1895, through the use of a speed detection system for the detection of speed and capturing of photographs or videos for violations in excess of ten miles per hour over the speed limit in force at the time of the violation. The Cape Coral Police Department Chief of Police or designee is responsible for establishing the business rules of procedure between the vendor and the city necessary for implementing this Article.

(b)

Review of Speed Detection System Information. Pursuant to F.S. § 316.1896, as may be amended, information captured by a speed detection system shall be reviewed by a law enforcement officer or traffic infraction enforcement officer.

(c)

School Zone Speed Detection System Violations. The applicable speed limit on a roadway properly maintained as a school zone may be enforced through the capturing of a violation by a speed detection system as follows:

(i)

For a violation of F.S. § 316.1895, in excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled breakfast program.

(ii)

For a violation of F.S. § 316.1895, in excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the start of a regularly scheduled school session.

(iii)

For a violation of F.S. § 316.183, in excess of ten miles per hour over the posted speed limit during the entirety of a regularly scheduled school session.

(iv)

For a violation of F.S. § 316.1895, in excess of ten miles per hour over the school zone speed limit which occurs within 30 minutes before through 30 minutes after the end of a regularly scheduled school session.

(d)

Notice of Violation. Within 30 days after a violation of this Article, a notice of violation must be sent to the registered owner of the motor vehicle involved in the violation as provided under F.S. § 316.1896.

(e)

Hearing Procedures and Appeals. Hearings to contest notices of violations shall be held in accordance with the requirements of Chapter 2023-174, Laws of Florida, and F.S. §§ 316.0083(5) and 316.1896. An aggrieved party may appeal a final administrative order of the Local Hearing Officer in accordance with F.S. § 316.1896(14)(f).

(f)

Defenses, Penalties and Costs. The enforcement of school zone speed infractions including the issuance of notices of violation and uniform traffic citations, the processing of affidavits to assert an exception to liability, and the assessment of fines and costs must comply with F.S. § 316.1896.

In accordance with F.S. §§ 316.1896(14)(e) and 316.0083(5)(e), the Local Hearing Officer shall determine whether a violation under this Article has occurred, in which case the Local Hearing Officer shall uphold or dismiss the violation. The Local Hearing Officer shall issue a final administrative order including the determination and, if the notice of violation is upheld, require the petitioner to pay municipal costs not to exceed $250 per violation. The final administrative order shall be mailed to the petitioner by first-class mail. A registered owner who receives a notice of violation may, within 30 days:

(i)

Pay the fine of $100, as fixed by F.S. § 318.18(3)(d), as it may be amended; or

(ii)

Submit an affidavit establishing an exception to liability pursuant to F.S. § 316.1896(8), as it may be amended; or

(iii)

Request a hearing.

(g)

Issuance of a uniform traffic citation. A law enforcement officer or traffic infraction enforcement officer shall be authorized, pursuant to F.S. § 316.1896, to issue a uniform traffic citation for violations of F.S. §§ 316.1895 or 316.183 as authorized by F.S. § 316.008(9). If the registered owner of a vehicle does not timely pay the fine reflected on the notice of violation, submit a sufficient affidavit, or request a hearing, a uniform traffic citation must be issued by a law enforcement officer or a traffic infraction enforcement officer to the registered owner and transmitted to the Lee County Clerk of the Court for disposition by the county court.

(Ord. 39-24, § 2, 6-5-2024)

In accordance with F.S. § 316.1896(15), a speed detection system in a school zone may not be used for remote surveillance. The collection of evidence by a speed detection system to enforce violations of F.S. §§ 316.1895 and 316.183, pursuant to this Article, or user-controlled pan or tilt adjustments of speed detection components, do not constitute remote surveillance. Recorded video or photographs collected as part of a speed detection system in a school zone may only be used to document violations of F.S. §§ 316.1895 and 316.183, and for purposes of determining criminal or civil liability for incidents captured by the speed detection system incidental to the permissible use of the speed detection system, pursuant to F.S. §§ 316.1896. Any recorded video or photograph obtained via a speed detection system must be destroyed within 90 days after the final disposition of the recorded event, pursuant to F.S. § 316.1896. Written notice that such records have been destroyed must be provided by December 31 of each year to the city by its speed detection system vendor. All public records related to the administration of this Article must be maintained in accordance with Florida law and all requests for such records must be addressed in accordance with F.S. Ch. 119, and any other applicable state law. In order to provide fair and even enforcement of school zone speeds, the city elects to utilize video-based enforcement over "still-photograph" enforcement for the dual purposes of reducing camera obstructions and for the benefit of having lane-specific video, which may be used for determining civil or criminal liability for incidents captured incidental to speed enforcement, in accordance with F.S. § 316.1896(15)(a).

(Ord. 39-24, § 2, 6-5-2024)

The city, with the assistance of the Cape Coral Police Department and/or the vendor, will annually report on the city's school zone speed enforcement program to the public and to the Florida Department of Highway Safety and Motor Vehicles in accordance with F.S. §§ 316.0776(3)(c) and 316.1896, as they may be amended.

Pursuant to F.S. § 316.0776 (3)(c), the compliance or sufficiency of compliance with this requirement may not be raised in a proceeding challenging a notice of violation for a school zone speed infraction.

(Ord. 39-24, § 2, 6-5-2024)

All fines and costs collected pursuant to this Article must be remitted in accordance with F.S. §§ 316.1896 and 318.18, and any other relevant state law.

(Ord. 39-24, § 2, 6-5-2024)

Pursuant to F.S. § 316.1894, as may be amended, the law enforcement agency having jurisdiction over a municipality conducting a school zone speed detection system program authorized by F.S. § 316.008(9), must use funds generated pursuant to F.S. § 316.1896(5)(e), from the school zone speed detection system program to administer the School Crossing Guard Recruitment and Retention Program. Such program may provide recruitment and retention stipends to crossing guards at K-12 public schools, including charter schools, or stipends to third parties for the recruitment of new crossing guards. The School Crossing Guard Recruitment and Retention Program must be designed and managed at the discretion of the law enforcement agency. The Chief of Police, or his or her designee, shall administer the School Crossing Guard Recruitment and Retention Program.

(Ord. 39-24, § 2, 6-5-2024)

The purpose and intent of this article is to protect the health, safety, and welfare of city residents, city employees, and general members of the public, promote a safe, efficient, and respectful environment for conducting legitimate public business, and manage public access to city-owned, controlled and leased property in order to avoid interruptions and disruptions to the performance of the duties of city employees in the conduct of legitimate public business to serve city residents.

(Ord. No. 3-25, § 2, 2-5-2025)

(a)

Consistent with decisions of the U.S. Supreme Court, public access to areas within enclosed facilities owned, controlled, and leased by the City of Cape Coral, Florida, may be restricted depending upon whether such areas are classified as "designated public forum," "limited designated public forum," or "nonpublic forum." How areas within enclosed facilities owned, controlled, and leased by the city are classified is based upon their intended use. For example, there are certain areas which, while primarily intended for the use of city employees in the conduct of city business, may from time to time be utilized for the convening of public meetings; there are certain limited areas which may be open to the public while engaging in legitimate business with city officers or employees; and there may be certain areas which are primarily intended for the convening of public meetings.

(b)

The City Manager, or their designee, is hereby authorized to manage public access to enclosed city-owned, controlled, and leased property. In the performance of such responsibilities, the City Manager, or their designee, shall have the authority to identify which areas are to be considered designated public forum, limited designated public forum, or nonpublic forum.

(c)

Upon the classification of areas within enclosed city-owned, controlled, and leased property, the City Manager, or their designee, is hereby authorized, subject to the availability of appropriated funds, to employ whatever means the City Manager, or their designee, deems necessary and appropriate to separate designated public forums from nonpublic forums, including but not limited to the use of physical barriers and signage. The City Manager, or their designee, shall also have the authority to develop and implement procedures to regulate and control public access within city-owned, controlled, and leased property to provide for the security and privacy of public visitors; to provide for the security and privacy of city employees and officers; and to minimize potential disruptions to the work of city government. Any person who engages in conduct that causes disruptions to the work of city government shall be deemed to no longer be present within the city-owned, controlled, or leased property on legitimate public business.

(d)

The City Council Chambers, City Council Offices and lobby, and conference rooms in City Hall and any other enclosed city-owned, controlled, and leased property, are hereby declared to be nonpublic forums unless or until a public meeting is convened in such areas pursuant to public notice. All city employee work areas within City Hall and any other enclosed city-owned, controlled, and leased property, which are designated by appropriate signage as work areas shall be considered nonpublic forums. Members of the public are prohibited from entering city employee work areas without being escorted by a city employee. All other areas of City Hall and any other enclosed city-owned, controlled, and leased property are hereby designated as limited public forums and only persons who are present to engage in legitimate public business with city officers or employees shall be authorized. it shall be a violation of this ordinance to be within a nonpublic forum or a limited public forum without authorization. Unauthorized persons found by the City Manager, or their designee, to be within a nonpublic form or a limited public forum and who refuse to leave the premises upon request, shall be considered a trespasser. Law enforcement may enforce any person's refusal to depart by means of F.S. §§ 810.08 and 810.09, or issue a trespass warning notice.

(e)

Except within the City Council Chambers, conference rooms, and other locations in which a public meeting is being conducted pursuant to a public notice, it shall be unlawful and a violation of this section, to record video and/or audio within city-owned, controlled, and leased property, without the consent of all persons whose voice or image is being recorded. This prohibition shall not apply to any law enforcement activities, including but not limited to, the recording of security surveillance video. In addition to being a violation of this section, if anyone who is observed to be recording video and/or audio within city-owned, controlled, and leased property, without the consent of all persons whose voice or image is being recorded, and such person refuses to cease such activity after being advised that such activity is prohibited under this section, such refusal shall be considered to be a disruption to the work of city government. Therefore, such person shall be deemed to no longer be present within city-owned, controlled, and leased property on legitimate public business. The City Manager, and their designees, are hereby authorized on behalf of the City of Cape Coral, Florida, to request any person who refuses to cease the unconsented to video and/or audio recording to immediately leave the premises. Any person who refuses to cease the unconsented to video and/or audio recording, and refuses to immediately leave the premises following the request from the City Manager, or their designee, shall be considered a trespasser. Law enforcement may enforce any person's refusal to depart by means of F.S. §§ 810.08 and 810.09, or issue a trespass warning notice.

(f)

The City Manager, and their designees, may have cause to remove any person they determine:

(1)

Acts in any manner which violates or is reasonably suspected to violate any federal, state, or local law, ordinance, rule, or regulation; or

(2)

Acts in any manner which violates any city rule or policy, including but not limited to the Facility Rules found in § 12-143 below; or any directive on any sign or notice at the public property.

The City Manager, and their designees, are hereby authorized on behalf of the City of Cape Coral, Florida to warn persons of this prohibited activity and request such activity to cease. Any person who refuses to cease the prohibited conduct, and refuses to immediately leave the premises following the request from the City Manager, or their designee, shall be deemed to no longer be present within city-owned, controlled, and leased property on legitimate public business. Any person who refuses to cease the prohibited conduct and refuses to leave the premises immediately following the request of the City Manager or their designee, shall be considered a trespasser. Law enforcement may enforce any such person's refusal to depart by means of F.S. §§ 810.08 and 810.09, or issue a trespass warning notice.

(g)

The City Manager, and their designees, are hereby authorized on behalf of the City of Cape Coral, Florida to warn persons who have entered into or remain in areas where they are not authorized to be, and to request such persons to depart. The City Manager, and their designees, are hereby authorized to call upon law enforcement to treat as trespassers any persons who refuse to depart after such request has been made. Law enforcement may enforce any person's refusal to depart by means of F.S. §§ 810.08 and 810.09 or issue a trespass warning notice.

(Ord. No. 3-25, § 2, 2-5-2025)

(a)

The following conduct is prohibited within the interior spaces of all city-owned, controlled, and leased property of the City of Cape Coral, Florida:

(1)

Engaging in any conduct prohibited by federal, State of Florida, or City of Cape Coral law.

(2)

Possessing any weapons, except as specifically permitted by law.

(3)

Smoking, chewing tobacco, use of e-cigarettes or vaping devices, or carrying any lighted or smoldering pipe, cigar, or cigarette.

(4)

Disruptive, harassing, or unsafe behavior, including conduct which interferes with city employees or city officials in the performance of their official duties, or interferes with the proper use of the city facility by others.

(5)

Abusive or harassing behavior, including the use or display of obscene language, gestures, or graphics.

(6)

Blocking entrances, exits, fire exits, access areas, or otherwise interfering with the provision of services or the use of city property.

(7)

Entering or remaining in nonpublic areas without authorization. Areas inside city buildings, including offices, hallways, stairways, and elevators are open to the public only to the extent necessary to attend to city business, or attending a city-authorized function, event, or activity to which the person is an invitee, or attending a duly noticed public meeting. Otherwise, such areas are deemed nonpublic areas.

(8)

Any act which could result in substantial risk of harm to persons or property.

(9)

Disrupting city business, events, or other city sponsored or authorized activities.

(10)

Leaving unattended packages, backpacks, luggage, or other personal items. Any such items are subject to immediate confiscation.

(11)

Laying down or sleeping in chairs, benches, or otherwise.

(12)

Possession of illegal drugs.

(13)

Posting or affixing to city property without permission from the City Manager, or their designee, any signs, leaflets, posters, flyers, pamphlets, brochures, and written pictorial or graphic material of any kind.

(14)

Tampering with or unauthorized use of building or facility systems or devices, including electrical, plumbing, locks, doors, or cameras.

(15)

Audio and/or video recording anywhere inside of city buildings except during duly noticed public meetings, or as otherwise approved by the City Manager, or their designee. Except as otherwise approved by the City Manager, or their designee, audio and/or video recording may only be conducted within the City Council Chambers, and any room or office within which said activity has been authorized by law. Any person found to be conducting audio and/or video recording except as authorized herein, must cease doing so immediately if any visitor, city employee or city official expresses their desire not to be recorded. This rule does not apply to audio and/or video recording by authorized law enforcement personnel engaged in the performance of their official duties, nor does this prohibition apply to facility security surveillance video. Audio and/or video recording of public meetings must be undertaken in a quiet and orderly manner so as not to interfere with the public meeting, or block any aisle, row, ingress or egress.

(16)

Remaining in a city building after posted hours of operation or after the conclusion of an authorized "after hours" public meeting or event.

(17)

Failure to cease conduct specifically prohibited in items (1) through (16) above immediately after a request by city staff to do so.

(18)

A copy of these Facility Rules shall be posted conspicuously on the city's website and will otherwise be available upon request.

(Ord. No. 3-25, § 2, 2-5-2025)

(1)

For purposes of this section, "Public Camping or Sleeping" shall have the following meaning:

(a)

Lodging or residing overnight (from dusk until dawn; unless another period of time is specified) in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of cooking accoutrements (e.g., but not limited to, portable stoves, pots or pans over an open fire), or storage of other personal belongings, including but not limited to bedding, blankets, pillows, sleeping bags, backpacks, suitcases, huts, awnings, lean-tos, chairs, tarps, or any person found being covered by materials such as bedroll, newspapers, or cardboard, or inside any temporary shelter, including but not limited to hammocks; or

(b)

Lodging or residing overnight (from dusk until dawn; unless another period of time is specified) in an outdoor space without a tent or temporary shelter.

(2)

For purposes of this section, "Public Camping or Sleeping" does not include:

(a)

Lodging or residing overnight (from dusk until dawn; unless another period of time is specified) in a motor vehicle that is lawfully registered, insured, and located in a place where it may lawfully be; or

(b)

Camping for recreational purposes on property designated by the city for such purposes with prior city approval and authorization, while abiding by applicable rules and regulations as set forth in section 12½-4(f)(1)—(3), Cape Coral Code of Ordinances.

(3)

"Campsite Materials" include, but are not limited to, tents, huts, awnings, lean-tos, chairs, tarps, portable stoves, or other collections of personal property that are, or reasonably appear to be, arranged, or used, or intended to be used, as accommodations for public camping or sleeping.

(4)

"City Property" means any public right-of-way, sidewalk, parking lot or facility, easement, street, road, alleyway, or other city-owned public ways, or the surrounding grounds, all city-owned, leased, or controlled property, buildings, structures, parks, or the surrounding grounds. For purposes of the prohibition on public camping or sleeping, the surrounding grounds shall include the entirety of the parcel of property owned by the city beyond any building or structure, including but not limited to grass and wooded areas.

(5)

"Personal Property" for the purposes of this section means any item that has apparent value or utility that can reasonably be identified as belonging to an individual, including but not limited to, suitcases, backpacks, sleeping bags, cooking accoutrements, electronics, mobile phones, radios, or other items of apparent value or utility.

(Ord. No. 2-25, § 2, 1-22-2025)

(1)

It shall be unlawful and a violation of this article for any person to engage in public camping or sleeping on or within any City Property, unless for recreational purposes in an area so designated for such purpose by the city, and with prior city approval and authorization, pursuant to section 12½-4(f)(1)—(3), of the City of Cape Coral, Florida, Code of Ordinances.

(2)

No person may engage in public camping or sleeping on public sidewalks, streets, or alleyways at any time as a matter of individual and public safety.

(3)

No person may engage in public camping or sleeping in any pedestrian or vehicular entrance to public or private property abutting a public sidewalk at any time as a matter of individual and public safety.

(4)

Any person found to be engaged in public camping or sleeping in violation of this article shall immediately be told to cease engaging in public camping or sleeping by law enforcement and to depart the subject City Property where the individual is engaged in public camping or sleeping. Law enforcement may issue a trespass warning for a first-time offense, or in the officer's discretion if the circumstances so warrant, issued for the specific City Property where the violation occurred. Such trespass warning shall be valid for a period of one year. Such trespass warning shall be issued in writing when issued, and a record of such trespass warning shall be maintained by the Cape Coral Police Department.

(5)

If any person found to be engaged in public camping or sleeping in violation of this article refuses to cease public camping or sleeping and depart the subject City Property where the person is engaged in public camping or sleeping at the order of law enforcement, such person shall be subject to arrest pursuant to F.S. §§ 810.08, or 810.09.

(6)

If an individual is arrested pursuant to F.S. §§ 810.08, or 810.09, for refusal to depart City Property for violating the prohibition on public camping and sleeping, law enforcement should not destroy evidence of camping, campsite materials, or personal property, but should instead seize and place such items into property and evidence.

(a)

Items having no apparent utility or monetary value and items in an unsanitary condition may be discarded upon an arrest pursuant to F.S. §§ 810.08, or 810.09, for failure to cease public camping or sleeping and to depart City Property where such is occurring. Weapons, drug paraphernalia, items appearing to be stolen, and evidence of any other crime seized as a result of a violation of this article shall be retained as evidence by the Cape Coral Police Department until disposition in accordance with Florida law. All personal property removed from City Property as a result of a violation of this article which is not deemed to be evidence, shall be stored at the Cape Coral Police Department for a reasonable period of time and shall be made reasonably available for and released to the individual from whom it was seized. If the individual does not contact the Cape Coral Police Department within 30 days to make arrangements for the return of personal property seized as a result of a violation of this article, such property shall be considered abandoned and the disposition of the property shall be pursuant to procedures set forth in F.S. Ch. 705, as they may be amended.

(Ord. No. 2-25, § 2, 1-22-2025)

It is the purpose of this article to regulate escort services and persons employed by escort services in order to promote and protect the health, safety and general welfare of the citizens of the city.

The following words, terms and phrases, when used in this article, shall have the meanings set forth herein, except where the context clearly indicates a different meaning.

CITY. The City of Cape Coral, Florida.

CONVICTED and/or CONVICTION. Any adjudication of guilt on whatever verdict or plea, including a plea of nolo contendere.

EMPLOYEE. Any person who is paid or employed, directly or indirectly, by an escort agency, its client or agent, for the person's services to the escort agency as owner, investor, manager, escort, clerical staff or any other position, whether the person is on the payroll, paid a salary, paid a commission or is an independent contractor or subcontractor.

ESCORT. Any person who, for a fee, charge, commission, percentage, profit, financial or other consideration, accompanies or consorts with another individual or individuals to or about social functions, places of entertainment or amusement, or in or about any public or private place, resort, or quarters. The term ESCORT shall not apply to persons engaged in the business of babysitting, housekeeping, nursing or rest homes, nurseries and limousine and/or chauffeur services.

ESCORT LICENSE. The specific city license that is issued by the city to an individual who is acting as an employed escort in the city.

ESCORT SERVICE. Any corporation, association, partnership, organization, agency, person or group of persons or any entity who, for a price, fee, charge, commission, percentage, profit or any other consideration:

(1)

Provides the name, telephone number and/or address of any person (employee/escort) to another person (client);

(2)

Provides an introduction of any person (employee/escort) to another person (client); or

(3)

Provides a meeting of any person (employee/escort) with another person (client) for the purpose of the escort accompanying the client to or about social functions, places of entertainment or amusement, or in or about any public or private place, resort, or quarters. The term ESCORT SERVICE shall not include dating services or bureaus which, for a fee, arrange introductions for social purposes between two persons neither of whom receives any financial remuneration as a result of the introduction.

PERMIT. The specific city permit as issued by the city for the right to conduct activities as an escort service business in the city.

PERMIT HOLDER. That person to whom the permit is issued.

PERSON. Any individual, or any firm, partnership, corporation, entity or association of any kind.

PERSON FINANCIALLY INTERESTED.

(1)

For a noncorporate business, any person who shares in any financial gain attributable to the business as a proprietor or owner or on the basis of a percentage in excess of 5% of gross revenue or 10% of net revenue; or

(2)

For a corporation, any person who is an officer or a director of the corporation or any shareholder holding more than 5% of the shares thereof.

The authority to enforce the provisions of this article shall be vested in the city's Police Department and the city's Department of Community Development.

(a)

No person or group of persons shall conduct, manage, carry on or operate any escort service, within the City of Cape Coral, Florida, without first obtaining a permit from the department designated by the City Manager. For purposes of this article, a person or group of persons shall be deemed to be conducting, managing, carrying on or operating an escort service within the city if the person or group of persons provides, supplies or arranges for an escort to render or perform the services of an escort within the city, regardless of whether the business address or physical location of the escort service itself is within the city.

(b)

The permit shall be prominently displayed on the premises of the escort service business at all times.

(c)

The permit shall not be sold, transferred, assigned, leased, encumbered or otherwise disposed of with or without consideration, by the permittee, and shall immediately become null and void if any of the above events take place.

(a)

Each application for a permit shall be in writing, on a form provided by the department designated by the City Manager. The information provided thereon shall be sworn to by the applicant.

(b)

Each application must contain the following information, in full, with no omissions:

(1)

The name and date of birth of the applicant and any other name the applicant is now or has ever been known by or used;

(2)

The name(s) and date(s) of birth of any other person or persons who may be financially interested in the activity to be licensed, as well as any other person or persons who may be involved in the ownership, management or conduct of the escort service in any way. For a corporate entity, this information shall also include any and all officers and/or directors of the corporation;

(3)

The residence and business addresses of the applicant;

(4)

The residence address(es) and business address(es) of any person or persons who may be financially interested in the activity to be licensed as well as any other person or persons who may be involved in the ownership, management or conduct of the escort service in any way. For a corporate entity, this information shall also include any and all officers and/or directors of the corporation;

(5)

The address of the business location of the escort service. The escort service business shall not be located in a private residence. The escort service business location shall be prominently identified and advertised on the exterior of the business location, as well as on any other lawful advertising means as chosen by the owner of the business. The city shall be notified in writing, within three business days of any change in location of the escort service business;

(6)

All telephone numbers of the escort service;

(7)

A statement concerning every employee, clearly stating any employee's past conviction of a crime, the type of crime, the date, location and type of conviction and/or a statement of no criminal history;

(8)

Information as to whether the applicant or any person or persons who may be financially interested in the activity to be licensed as well as any other person or persons who may be involved in the ownership, management or conduct of the escort service in any way has ever been refused any similar permit or license or has had any similar permit or license revoked or suspended, and the reason or reasons for the refusal, revocation and or suspension(s). For a corporate entity, this information shall also include any and all officers and/or directors of the corporation;

(9)

Valid proof that the applicant is at least 18 years of age. For a corporate entity, valid proof that any and all officers and/or directors of the corporation are at least 18 years of age. For a partnership or limited partnership, proof of age that all partners and/or all persons involved in the management, supervision, and/or conduct of the business are at least 18 years of age must be provided; and

(10)

If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation or charter, together with the state and date of incorporation, and the names, residence addresses and dates of birth of each of its current officers and directors, and each stockholder holding more than 5% of the stock in the corporation. Evidence that the corporation is in good standing (including, but not limited to, a certificate of good standing) in the state of incorporation shall also be presented together with proof, for a foreign corporation, that the corporation is authorized to do business in the State of Florida. If the applicant is a partnership, the applicant shall set forth the names, residence addresses and dates of birth of each of the partners, including limited partners and profit interest holders. If the applicant is a limited partnership, the applicant shall furnish a copy of the certificate of limited partnership as filed with the State of Florida. If one or more of the partners is a corporation, the provisions of this subsection pertaining to corporations shall apply. The corporation or partnership applicant shall designate one of its officers or general partners to act as its responsible managing officer. The designated person shall complete and sign all application forms required of an individual applicant under this article, but only one application fee shall be charged.

(a)

The permit holder shall maintain records of all business transactions. A record of each transaction conducted by the escort service business shall be placed on file at the escort service business within one business day of the completion of the transaction and shall be maintained at such location for a period of not less than 36 months from the date of the transaction. Records of business transactions shall include, but not be limited to, the following information:

(1)

Date and time of each transaction;

(2)

Name of customer;

(3)

Home and business, if any, address of customer;

(4)

Driver's license number of the customer and state of issue;

(5)

Home and business, if any, telephone number of customer; and

(6)

Name(s) of the escort service employee(s) and/or independent contractors involved in the transaction.

(b)

The escort service shall maintain current and complete records of all of its employees and/or independent contractors. These records shall be maintained for all current employees and/or independent contractors as well as for all persons who worked as employees and/or independent contractors of the escort service business within the previous 36 months. These records shall include, but not be limited to, the following information for each employee and/or independent contractor of the escort service:

(1)

Name of employee and/or independent contractor;

(2)

Home address of employee and/or independent contractor;

(3)

Home telephone number of employee and/or independent contractor;

(4)

Any other business address, business telephone number, employment position and employer;

(5)

Any criminal record, including but not limited to any prior arrests and convictions;

(6)

Physical description of employee and/or independent contractor including, but not limited to, gender (sex), race, hair color, eye color, weight and height; and

(7)

Florida driver's license or Florida identification card (issued by the State of Florida Department of Highway Safety and Motor Vehicles) number of the employee and/or independent contractor and state of issue.

(c)

The records concerning business transactions, employees and independent contractors required to be maintained by this article shall be kept and maintained at the business location of the escort service.

(d)

In order to insure compliance with the provisions of this article, the business records of the escort service shall be held open and available for reasonable inspection at the business location of the escort service, upon request and without court order to members of the city's Police Department, the city's Department of Community Development or any other duly authorized law enforcement agency.

(a)

No permit for the operation of an escort service shall be issued to any person under the age of 18 years.

(b)

No permit holder shall employ any individual under the age of 18 years in relation to the operation of the escort service business. In addition, no permit holder shall utilize the services of an individual under the age of 18 years as an independent contractor in relation to the operation of the escort service business.

(c)

(1) No permit holder shall provide an escort to any customer or patron under the age of 18 years unless the permit holder has first obtained the written consent of a parent or guardian for the minor customer or patron. The parent or guardian shall be at least 18 years of age and shall sign a written authorization that he or she is the parent or legal guardian of the minor customer and/or patron and that he or she is consenting to the utilization of the escort service by the minor. The signature of the parent or legal guardian on the authorization shall be notarized. The escort service shall retain the written authorization for a period of not less than 36 months from the date of the transaction for which the authorization was obtained.

(2)

A new written authorization must be obtained for each transaction involving a customer or patron under 18 years of age even if the minor customer or patron previously has utilized the services of the escort service.

All permits issued by the city pursuant to this article shall be valid from the date of issuance until the following September 30. All such permits shall be sold by the city beginning September 1 of each year and shall be due and payable on or before October 1 of each year and shall expire on September 30 of the succeeding year. In the event that October 1 falls on a weekend or holiday, the permit fee shall be due and payable on or before the first working day following October 1. The permit fee may be pro rated in the event a permit is issued after October 1 (or the first working day following October 1), but prior to September 1 of the succeeding year. Any permit not renewed when due and payable shall be considered delinquent and subject to a delinquent penalty which shall be established by resolution of the City Council. The delinquency penalty may be adjusted, from time to time, by subsequent resolutions of the City Council. In addition, the failure to renew a permit when due and payable may be grounds for revocation of a permit.

The fee for the annual permit shall be an amount that is adequate and reasonable for administrative expenses. The fee shall be set by resolution of the City Council and may be adjusted, from time to time, by subsequent resolutions of the City Council.

(a)

No escort service permit shall be issued to any corporation, association, organization, agency, partnership, person or group of persons if the applicant, or any person helping to conduct, manage, carry on or operate or who is financially interested in the escort service, has been:

(1)

Convicted of a felony; or

(2)

Convicted of any offense related to prostitution, lewdness or indecent exposure, obscene literature, profanity, any other offense involving sexual misconduct or any offense relating to a violation of the controlled substance abuse laws.

(b)

Conviction of the applicant, of any person engaged in conducting, managing, carrying on or operating the escort service, or of any person who is financially interested in the escort service, of any felony or of any offense set forth in subsection (a)(2) above shall be grounds for denial or revocation of an escort service permit.

(c)

Providing false information on the application for an escort service permit shall be grounds for denial or revocation of a permit.

(d)

Failure to comply with any provision of this article shall be grounds for revocation of an escort service permit.

Upon certified information provided by the city's Police Department or another duly authorized law enforcement agency that one or more of the provisions of this article have been violated by the applicant, the escort service, any person engaged in conducting, managing, carrying on or operating the escort service, or any person who is financially interested in the escort service, the city may suspend an escort service permit.

(a)

An applicant or permittee may file an appeal of the denial or revocation of an escort service permit to the City Council within ten business days of the denial or revocation. If no appeal request is filed within the ten day period, then the applicant or permittee shall be deemed to have waived his or her right to an administrative review of the denial or revocation of the escort service permit.

(b)

An appeal of an escort service permit denial or revocation shall be heard at a regular meeting of the City Council. The City Council shall be the final administrative review agency with respect to the denial or revocation of an escort service permit. At the hearing on the appeal, the applicant or permittee shall have the opportunity to be heard concerning the denial or revocation of the permit, and the decision of the City Council shall be final.

Nothing in this article shall be construed so as to relieve the applicant or permittee of the responsibility to apply for any obtain any other license or permit otherwise required by law to engage in the escort service business within the city.

No person shall be employed or otherwise engaged as an escort or perform the services of an escort within the city without first obtaining a license from the city to be so employed or engaged.

(a)

Each application to obtain a license to act as an escort within the city shall be submitted, in writing, on a form approved by and provided by the city. The information provided on each application shall be sworn to by the applicant as being true and correct.

(b)

Each application shall contain the following information:

(1)

The name of the applicant and any other name the applicant is now or has ever been known by or used;

(2)

The applicant's residence address and the telephone number at that location;

(3)

The applicant's date of birth;

(4)

The physical description of the applicant, including but not limited to race, gender, height, weight, hair color and eye color;

(5)

The applicant's social security number;

(6)

The applicant's driver's license number and its state of issue;

(7)

The applicant's prior work experience for the three year period immediately preceding the date of application, including any current place(s) of employment;

(8)

The name of the escort service(s) that the applicant will be employed by, providing services for, or associated with; and

(9)

The applicant's prior criminal history, if any, including, but not limited to, whether the applicant has ever been convicted of a crime and, if so, the date and location of the conviction and the type of crime.

(c)

In addition to the above application information, the applicant shall also submit to having his or her fingerprints taken and allow for a photograph to be taken by the city's Police Department. The fingerprints and photographs shall be attached to and form a part of the application for as escort license.

(d)

The applicant shall be responsible for keeping the information provided to the city on the application current. Any change in any of the information contained on the application shall be reported by the applicant in writing to the city within three business days.

The fee for the annual escort license shall be an amount that is adequate and reasonable for administrative expenses. The fee shall be set by resolution of the City Council and may be adjusted, from time to time, by subsequent resolutions of the City Council.

All escort licenses issued by the city pursuant to this article shall be valid from the date of issuance until the following September 30. All such licenses shall be sold by the city beginning September 1 of each year and shall be due and payable on or before October 1 of each year and shall expire on September 30 of the succeeding year. In the event that October 1 falls on a weekend or holiday, the license fee shall be due and payable on or before the first working day following October 1. The license fee may be pro rated in the event a license is issued after October 1 (or the first working day following October 1), but prior to September 1 of the succeeding year. Any license not renewed when due and payable shall be considered delinquent and subject to a delinquent penalty which shall be established by resolution of the City Council. The delinquency penalty may be adjusted, from time to time, by subsequent resolutions of the City Council. In addition, the failure to renew a license when due and payable may be grounds for revocation of a license.

No individual, licensed pursuant to this article shall transact business as an escort with any person, customer or patron who has not yet attained the age of 18 years unless the escort has first obtained the written consent of a parent or guardian for the minor customer or patron. The parent or guardian shall be at least 18 years of age and shall sign a written authorization that he or she is the parent or legal guardian of the minor customer and/or patron and that he or she is consenting to the utilization of the services of the escort by the minor. The signature of the parent or legal guardian on the authorization shall be notarized. The escort shall retain the written authorization for a period of not less than 36 months from the date of the transaction for which the authorization was obtained. A new written authorization must be obtained for each transaction involving a customer or patron under 18 years of age even if the minor customer or patron previously has utilized the services of the escort.

(a)

No escort license shall be issued to any person if the applicant has been:

(1)

Convicted of a felony; and/or

(2)

Convicted of any offense relating to prostitution, lewdness or indecent exposure, obscene literature, profanity, any other offense involving sexual misconduct or any offense relating to a violation of the controlled substance abuse laws.

(b)

Conviction of the applicant of any felony or of any offense set forth in subsection (a)(2) above shall be grounds for denial or revocation of an escort license.

(c)

Providing false information on the application for an escort license shall be grounds for denial or revocation of a license.

(d)

Failure to comply with any provision of this article shall be grounds for revocation of an escort license.

Upon certified information provided by the city's Police Department or another duly authorized law enforcement agency that one or more of the provisions of this article have been violated by the licensee, the city may suspend an escort license.

(a)

An applicant or licensee may file an appeal of the denial or revocation of an escort license permit to the City Council within ten business days of the denial or revocation. If no appeal request is filed within the ten day period, then the applicant or licensee shall be deemed to have waived his or her right to an administrative review of the denial or revocation of the escort license.

(b)

An appeal of an escort license denial or revocation shall be heard at a regular meeting of the City Council. The City Council shall be the final administrative review agency with respect to the denial or revocation of an escort license. At the hearing on the appeal, the applicant or licensee shall have the opportunity to be heard concerning the denial or revocation of the license, and the decision of the City Council shall be final.

Nothing in this article shall be construed so as to relieve the applicant or licensee of the responsibility to apply for and obtain any other license or permit otherwise required by law to be employed as an escort within the city.