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Home My WebLink AboutVI (A) First Reading of Ordinance No. 97-13, amending Code Chapter 124, Parks and Recreation Areas, relating to Hours, Exception, Temporary Closings and Penalties AGENDA 6-03-97 Ttcm VI A leicoes � CITY OF OCOEE 0 150 N. LAKESHORE DRIVE OCOEE,FLORIDA 34761-2258 Q (407)656-3103 Rrcuennow Dlaecrou o FAX (407)656-8504 JIM BEECH MEMORANDUM To : Honorable Mayor and Board of City Commissioners In From: slim Beech, Director of Recreation c Date : May 29 , 1997 Re: Proposed Amendments to Chapter 124 , Park and Recreation Areas Please find enclosed a proposed Ordinance amending Chapter 124 so as to provide that the City Commission has the authority to establish the hours during which recreational property is open to the public and to temporarily close recreational property , such as the "Bulldog" football field while it is being re-sodded . Additionally, recreational property which is temporarily closed may be posted with "No Trespassing" signs so that any person entering thereon will have committed a trespass . Upon the approval by the City Commission , a separate memorandum will he provided to the City Commission in order to establish the hours during which each recreational property is open to the public . The memorandum will address temporary closings and whether the property should be posted with a "Nn Trespassing" sign . respectfully request your favorable consideration to this proposed Ordinance . Enclosure c : Ellis Shapiro , City Manager ��rr "CENTER OF GOOD LIVING" �1 MEMORANDUM VIA FACSIMILE TO: Ellis Shapiro, City Manager Richard Corwin, Director of Public Works k..JYm Beech, Recreation Department Director Chief Robert Mark, Police Department FROM: Paul E . Rosenthal, Esq. , City Attorney DATE: May 29, 1997 RE : Proposed Amendments to Chapter 124, Parks and Recreation Areas Pursuant to our meeting, please find enclosed a proposed Ordinance amending Chapter 124 so as to provide that the City Commission has the authority to establish the hours during which recreational property is open to the public and to temporarily close recreational property. Additionally, property which is temporarily closed may be posted with "no trespassing" signs so that any person entering thereon will have committed a trespass . I❑ order for any recreational property to be posted against trespassing, signs should be placed not more than 500 feet apart along, and at each corner of, boundaries of the property. The signs should prominently, in letters of not less than two inches in height, display the words "no trespassing" and in addition thereto, the name of the City of Ocoee, as owner, should be noted. The signs should be placed along the boundary line in a manner and in such positions as to be clearly noticeable from outside the boundary line . Assuming that the City Commission approves the proposed Ordinance, then a separate memorandum should be provided to the City Commission in order to establish the hours during which each recreational property is opened to the public. Please note that the Ordinance calls for each recreational property to be posted with the hours during which such property is open . Additionally, the memorandum should address temporary closings and whether the property should be posted with a "no trespassing" sign. Please let me know if you have any comments regarding the proposed Ordinance. If needed, we can have a telephone conference call to consolidate all comments and finalize the Ordinance for the next agenda . Enclosure f\W P51\DOCSOCO Fl NEMOS\1997\C H A P I P.M EM I5 R9/9]119E W 51 PER, 2 ORDINANCE NO. 97- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PARKS AND RECREATION AREAS; AMENDING CHAPTER 124 OF THE OCOEE CITY CODE WITH RESPECT TO HOURS DURING WHICH RECREATIONAL PROPERTY IS OPEN TO THE PUBLIC AND THE TEMPORARY CLOSING OF RECREATIONAL PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS : SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VII1 of the Constitution of the State of Florida and Chapter 165, Florida Statutes . SECTION 2 . Chapter 124 cf the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows : CHAPTER 124 PARKS AND RECREATION AREAS §124-1. DEFINITIONS. As used in this chapter, the following terms shall have the meanings indicated: RECREATIONAL PROPERTY - Any property which is owned, managed or operated by the city which has as its primary function the providing of recreational facilities or facilities for social 3 gatherings or occasions to the public . The term "recreational property" shall include, but not be limited to, parks, swimming facilities, baseball or football fields, basketball courts, tennis courts, youth centers and other such property which is owned, operated or manaced by the city. §124-2 . HOURS . A. Recreational property shall be open to the public from 9 : 013 a .m. until 11 :00 p_,e. the fo1'_.,i:_..g days of __._ (_during such times as may from time-to-time be established bythe city commission. Each recreational property shall be posted with a sign setting forth the times durinc which the recreational property is open to the public . ' B. Such _ __ __ _ _operty shall remain closed __ the public during all ether hours. Youth centers or other buildings to which this section applies shall not be required to be physically open during the hours set forth above but shall be available for use by persons or groups authorized by the Commission, the Manager or his delegate . §124-3 . ENTERING PROHIBITED WHEN CLOSED. No person shall enter, remain or congregate upon any recreational oroperty, as defined, except during those hours which said property is open to the public. §124-4 . EXCEPTIONS. Notwithstanding the provisions of §124-2 , recreational property may be utilized after the hours of operation. [established by the. ci_ty.__pmmiss_ onl. for the following purposes : Completion of regularly scheduled athletic events which have commenced prior to the hour of closing of the recreational property. B . Authorized maintenance or repair activities on recreational property. C . Regularly scheduled civic or social events at youth centers or other similar property, provided that prior permission is obtained, in writing, from the Manager or his delegate . 4 D. Other such events or activities, provided that prior permission, in writing, is obtained from the Manager or his delegate . §124-5 . SWIMMING AND BATHING PROHIBITED DURING CERTAIN HOURS . Bathing or swimming in any lake within the limits of the city is hereby prohibited between the hours of 9 : 00 p.m. and 7 : 00 a .m. [§124-6. TEMPORARY CLOSING OF RECREATIONAL PROPERTY. The city commission may authorize the temporary closing of recreational property. Any recreational property which is temnorarily dosed shall be posted so as to advise all persons of such temporary closing__ The city commission may further authorize that any such temporarily closed recreational property be posted with "no trespassing" signs complying with the provis+ ons of Chapter 810 Florida Statutes_1 §12 : 6. §124-7 . PENALTIES FOR OFFENSES . Any person violating any provision of this chapter shall, upon conviction, be punishable as provided in §1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of Ocoee . Further, any person entering upon recreational property which is temporarily closed and which has been posted as provided in §129-5 shall have committed the offense of trespass on property other than a structure or conveyance. ) (Deletions are noted by strike-through and additions are noted by double-underlining.) SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereto. SECTION 4 . Codification. It is the intention of the 5 City Commission of the City that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter", "section", "article", or such other appropriate word or phrase in order to accomplish such intentions; and regardless of whether such inclusion in the code is accomplished, sections of this Ordinance may be renumbered or relettered and the correction of typographical errors which do not affect the intent may be authorized by the City Manager, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION 5 . Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of 1997 . APPROVED: ATTEST : CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S . Scott Vandergr_ft, Mayor (SEAL) FOR USE AND RELIANCE ONLY BY ADVERTISED , 1997 ...E CITY OF OCOEE, FLORIDA READ FIRST TIME , 1997 6 APPROVED .AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED this day of , 1997 , 1997 UNDER AGENDA ITEM NO. FOLEY Si LARDNER By: City Attorney (nve I'DOCSDCDE\ORDINANC311 W9I971 DEBBIEH IPER:Ep 7