HomeMy WebLinkAboutVI (A3) Second Reading Ordinance No. 2001-03, Amendments to Chapter 43 of the Ocoee Code of Ordinances Agenda 01-02-2001
Item VI A3
FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377-0107
TO: The Honorable Mayor and City Commissioners of the City of Ocoee
FROM: Scott A. Cookson, Esq., Assistant City Attorney
DATE: December 8, 2000
RE: Ordinance No. 2001-03, Animal Control Ordinance of the City of Ocoee
Attached is a proposed Ordinance relating to animal control matters within the
City of Ocoee. The Ordinance amends Section 43-2 of the Code of Ordinances to provide that
the City of Ocoee Animal Control Officer will work in conjunction with the Orange County
Animal Control Service office to provide for the animal control issues within the City. The
Ordinance further provides that the City shall retain the revenue received from the citations
issued by the City of Ocoee's Animal Control office.
On August 3, 1999 the City and Orange County, Florida entered into an
Agreement for Animal Service Mutual Aid whereby the City and County agreed to share
responsibility for enforcement of Orange County Code Section 5-32, regarding animal control
within the City. Adoption of this Ordinance will conform our Code to the terms of the Mutual
Aid Agreement and, with the exception of a $5.00 surcharge which is remitted to Orange
County for each citation issued, allow the City to receive all proceeds resulting from citations
issued within the City by the City's Animal Control Officer.
RECOMMENDATION:
It is respectfully recommended that the Mayor and City Commissioners adopt
Ordinance No. 2001-03 and authorize execution thereof by the Mayor and City Clerk.
Attachment
006.191215.2 (q
ORDINANCE NO. 2001-03
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
RELATING TO ANIMAL CONTROL MATTERS; AMENDING
SECTION 43-2 OF ARTICLE I OF CHAPTER 43 OF THE CODE
OF ORDINANCES OF THE CITY OF OCOEE TO PROVIDE
THAT THE CITY OF OCOEE ANIMAL CONTROL OFFICE
WILL WORK IN CONJUNCTION WITH THE ORANGE
COUNTY ANIMAL CONTROL SERVICE OFFICE TO
PROVIDE FOR THE ANIMAL CONTROL ISSUES WITHIN
THE CITY; PROVIDING THAT THE CITY SHALL RETAIN
THE REVENUE RECEIVED FROM THE CITATIONS ISSUED
BY THE CITY OF OCOEE'S ANIMAL CONTROL OFFICE
WITHIN THE CITY; PROVIDING FOR SEVERABHdTY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, on August 3, 1999, the City and Orange County, Florida entered into
that certain Agreement for Animal Service Mutual Aid (the "Mutual Aid Agreement") whereby the
City and County agreed to share responsibility for enforcement of Orange County Code Section 5-
32, regarding animal control, within the City; and
WHEREAS, the City Commission of the City of Ocoee desires to amend Section 43-2
of Article I of Chapter 43 of the Code of Ordinances of the City of Ocoee to he consistent with the
terms of the Mutual Aid Agreement.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. The City Commission of Ocoee has the authority to
adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter
166, Florida Statutes.
006.176358.1
SECTION 2. Amendment to Section 43-2. Section 43-2 of Article I of
Chapter 43 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows
(with additions underlined and deletions stricken):
§ 43-2. Adoption of county provisions.
The city hereby adopts and subjects itself to Article II of Chapter 5 of
the Code of Ordinances of Orange County, Florida, as amended by the
provisions of Ordinance Number 95-32 of Orange County, Florida,
effective October 5, 1995 (the "Orange County Animal Services
Ordinance"). The City Manager. or his designee, shall be responsible
for coordinating the animal control services within the City in
accordance with this chapter, the Orange County Animal Services
Ordinance and the terms of that certain Agreement for Animal Service
Mutual Aid entered into on August 3. 1999 by and between the City
and Orange County, Florida, as the same may from time to time he
amended, relating to animal control services within the city. In the
event of a conflict between the terms of the Orange County Animal
Services Ordinance and the other provisions of this chapter, the terms
of Oran_., Coon anima Se_viees Ordinance this chapter shall
control. The city's Animal Control Office shall work in conjunction
with the city hereby adopt. the Orange County Animal Service Office
to carry out the provisions of the Orange County Animal Services
Ordinance and this chapter as the only animal control agency in
authority within the city. With the exception of a Five Dollar ($5.00)
surcharge which shall he remitted to Orange County for each citation
issued in which proceeds are collected, the City shall receive all
proceeds resulting from citations issued within the City by the City's
Animal Control Officer pursuant to this chapter. Any items not
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.
006.176356.1 2
SECTION 4. Codification. It is the intention of the 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 recodificd 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 , 2001.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED 2000
READ FIRST TIME , 2000
READ SECOND TIME AND ADOPTED
, 2001
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this day of , 2001.
FOLEY & LARDNER
By:
City Attorney
006.176358.1 -3-