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Home My WebLink AboutV (A) Second Reading-Ordinance No. 97-13, amending Code Chapter 124, Parks and Recreation Areas, relating to Hours, Exceptions, Temporary Closings and Penalties Agenda 6-17-97 Item VA (Ocoee CITY OF OCOEE O T0 150 N. LAKHSIIORE DRIVE ` _ OCOEE,FLORIDA 34761-2258 _' a (407)656-3103 RECREA11ON DIRECTOR 0 FAX (407)656-8504 rF\ �� JIM BEECH yjFP OF..G00�•• ME/vIORANDUM To: Honorable Mayor and Board of City Commissioners From: Jim Beech, Director of Recreation) V4: Date : May 29 , 1997 ,•�11{ 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 be 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 "No Trespassing" sign. I respectfully request your favorable consideration to this proposed Ordinance . Enclosure c : Ellis Shapiro, City Manager CI "CENTER OF GOOD LIVING" ej MEMORANDUM VIA FACSIMT_LE TO: Ellis Shapiro, City Manager. Richard Corwin, Director of Public Works LJ m Beech, Recreation Department Director Chief Robert Mark, Police Department FROM: Paul E. Rosenthal, Esc. , City Attorney DATE : May 29, 1997 . _ . Proeosed Amendments to Chapter 124, Parks and Recreation Areas Pursuant to our meeting, please find enclosed a proposed Ordinance amending Chanter 124 so as co provide that the City Commission has the authority to establish the hours during which re + onal property is open to the public and to temporarily close -='---a`ional property. Additionally, -a" cna'_ property which is temporarily closed may be posted with "no trespassing" signs so that any person entering thereon will have cc'Clitt_d a trespass . in order for any recreational property to be posted against trespassing, signs should be placed not more than COO t fe`e _ _ along, and at each of, boundaries the property . The signs prominently, in letters not less than two inches in eheight, display the words "no t_es_pass_ng" and is 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 none that the Ordinance calls for each recto=`' onai 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 CiWPS11OcCS000E\.NEMOSI997.CHAP11I.,MEM I]C991I 19EEVSFPEX dt 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 VIII of the Constitution of the State of Florida and Chapter 156, Florida Statutes _ SECTION 2 . Chapter 124 of the Cade of Ordinances of :he City of Ocoee, Florida, is hereby amended to read as follows : CHAPTER 124 PARRS AND RECREATION AREAS §124-1. DEFINITIONS. As used this chapter, the followinc terms shall have the meanings indicated: RECREATIONAL PROPERTY - Any Property which is owned, managed or cpen4ref by the city which has as t__itsprimary function n� providing of recreational f47' ' ^ es or f-oi ' "ies for social 3 gatherings or occasions cc the Public. The term "recreational property" shall include, but no: 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 managed by the city. §124-2 . HOURS . A. Recreational property shall be open to [he public f__.:t 2 . ^,7 a .m. _n___ -1 . 20 p.m. an days c act:c• during such times as may from time-to-time be established by the city commission. Each recreational Property shall be Posted with a sign sett_na forth the times during which the recreational cronertv is ocen to the public. B . Rugg eageoaticnal property c-c.11 tome ncl000dt e public daring all oth-r !:cure. Youth centers or other buildinc= to which this section applies shall not be required [o be physically ocen during the hour_ sec forth above but shall be availaple for use by persons or groups authorized by the Commission, the Manager or his ae'egate . §124-3 . ENTERING PROHIBITED WHEN CLOSED . No person shall enter, remain or congregate upon any -_o-==-- onal property, as defined, except during those hours which said property is ocen to the public. §124-4 . EXCEPTIONS. Notwithstanding the _ .__ions of §124-2 , Property may be ut- ' , _o after the hours of operation ==- . . - shed by r , co!n osio. f__ the following purposes : Completion of regularly scheduled athletic events which have commenced prior to :he hour of closing of the rational procertv. 3 . Authorized maintenance or repair activities on --==- : ona' property. C . R= =^' v scheduled civic or social events at youth centers or Other similar property, provided that prior permission is obtained, in writing, from the Manager cr 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. 1§124-6 . TEMPORARY CLOSING OF RECREATIONAL PROPERTY. The city commission may authorize the temporary closinaof recreational Property. Any recreational Property which is temporarily closed shall be Posted so as to advise all persons of such temporary closinc. The city commission may further authorize that any such temporarily closed recreational property be posted with "no reseassin. " signs complying with the provisions of Chanter 810, Florida Statutes . ] §__ . _ . §__'. PENALTIES FOR OFFENSES . Any _son violating any provision of this chapter shall, upon conviction, be punishable as provided in §1-12 of Chapter 1, General Provisions, Article of the Code of the City of Ocoee. rFurther any person enterinc upon recreational Property which is temporarily closed and which has been costed as provided in §124-6 shall have comn4 "=H 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. =f any section, subsection, _en __, = =e, phr__e or portion of this Ordinance is for any reason he' d 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 v= . :ri' ry or _.-_ 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 P. -- nd the word "ordinance" may ce chanced to , "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 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 -"="-1ve immediately ucc❑ passage and adoption . PASSED AND ADOPTED this day of , 16p- APPROVE:: CITY OF OCOEE, FLORIDA Jean C n, City Clerk S . Scott Vandergcift, Mayor (SEAL ) FOR SHE AND RE:_:NCE ONLY SY ADVERTISED , 1997 THE CITY OF CCOEE, '_CRIDA 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 S LARDNER By: City Attorney c.w?5pDa¢\Ocae.0 )(wic.v7l r29mmsmmiPEa:ao