HomeMy WebLinkAboutVI (A) Second Reading of Ordiance No. 2001-33, Prohibiting Camping on Public and Private Property Agenda 01-15-2002
Item VIA
Ocoee Police Department
e 175 N. Bluford Avenue• Ocoee. FL 34761 •(407)656-1518 • Fax (407)656-021 R •
TO: The Honorable Mayor and City Commissioners
FROM: Robert E. Mark, Chief of Police .:;i/
DATE: November 28, 2001
SUBJECT: ORDINANCE PROHIBITING CAMPING
ISSUE:
Should the Mayor and the City Commissioner accept the police department's request for
an ordinance prohibiting camping and adopt Ordinance 2001-33?
BACKGROUND:
In recent years, the Ocoee Police Department has observed an increase in the number of
homeless that are in the City of Ocoee. These transients have extended their stay by
establishing campsites in the undeveloped wooded areas of the city. With national
statistics that indicate approximately 19% of the homeless population suffers from mental
illness, the Ocoee Police Department has great concern about the closing proximity
between these homeless campsites and the general population.
In the past year, numerous calls for police service were answered regarding the transient
community. These calls range from drunk and disorderly, theft and even the murder of
one of Ocoee's citizens, who was lured into one of the transients' campsite.
STAFF RECOMMENDATION:
It is respectfully recommends that the Mayor and City Commissioners adopt Ordinance
2001-33. The ordinance will reduce the crime brought about by the transient campsites
located in the City of Ocoee. This same ordinance still allows citizens to experience
recreational activities such as "camping-out" with their children and outdoor cooking
activities.
ORDINANCE NO. 2001-33
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING THE CODE OF ORDINANCES OF THE CITY
OF OCOEE BY THE ADOPTION OF CHAPTER 59
PROHIBITING CAMPING ON PUBLIC AND PRIVATE
PROPERTY AND PROVIDING FOR EXCEPTIONS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authority. 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 166, Florida Statutes.
SECTION 2. A new Chapter 59 of the Code of Ordinances of the City of
Ocoee, Florida is hereby adopted as follows:
Chapter 59, CAMPING
§ 59-1. Definitions.
For the purposes of this chapter, "camping" is defined as:
(1) Sleeping or otherwise being in a temporary shelter out-of-doors; or
(2) Sleeping out-of-doors; or
(3) Cooking over an open flame or fire out-of-doors; provided, however,
the foregoing does not include cooking on grills or other devices
professionally manufactured specifically to contain and/or control flames or
other heat sources for the purpose of cooking.
§ 59-2. Camping on Public Property. Camping is prohibited on all public property in
the city, except as may be specifically authorized by the appropriate governmental
authority having ownership of such property.
006.228765.2
§ 59-3. Camping on Private Property. Camping is prohibited on all private property
in the city; provided, however, that camping is permitted on such property with the
permission and consent of the property owner.
§ 59-4. Penalties. 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.
SECTION 3. 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 re-lettered
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
re-lettered and the correction of typographical errors which do not affect the intent maybe
authorized by the City Manager, without need of public hearing, by filing a corrected or re-
codified copy of same with the City Clerk.
SECTION 4. 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 5. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2001.
-2-
006 2287652
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
Jean Grafton, City Clerk S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED , 2001
READ FIRST TIME , 2001
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 228765.2 _3_