HomeMy WebLinkAboutOrdinance 94-10
ORDINANCE NO. 94- 10
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
ADOPTING A NEW CHAPTER 122 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE RELATING TO
THE HOURS OF OPERATION FOR MACHINERY USED TO
SWEEP AND CLEAN PARlCING LOTS, DRIVEWAYS AND
SIDEWALKS IN AND AROUND FACILITIES LOCATED IN
COMMERCIAL AND INDUSTRIAL ZONES ADJACENT TO
RESIDENTIAL ZONES, PROVIDING FOR SEVERABILITY,
PROVIDING FOR CODIFICATION, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Ocoee has received complaints from
the public regarding the excessive noise and disturbance caused by
the maChinery used for the sweeping and cleaning of parking lots,
driveways and sidewalks in facilities located in commercial and
industrial zones adjacent to residential zones; and
WHEREAS, the City of Ocoee has made specific findings of
fact that the use of machinery for the sweeping and cleaning of
parking lots, driveways and sidewalks in and around facilities
located in commercial and industrial zones, where such parking
lots, driveways and sidewalks are located within five hundred feet
(500') of any residential zone, between the hours of 9:00 p.m. and
7:00 a.m., disturbs the public peace, order and quiet of the City
of Ocoee; and
WHEREAS, the City Commission of the City of Ocoee desires
to prohibit the use of machinery for the sweeping and cleaning of
parking lots, driveways and sidewalks in and around facilities
located in commercial and industrial zones, where such parking
lots, driveways and sidewalks are located within five hundred feet
(500') of any residential zone, between the hours of 9:00 p.m. and
7:00 a.m. in order to preserve the public peace, order and quiet of
the City of Ocoee.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION ONE. The City Commission of the City of Ocoee,
Florida 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 TWO. A new Chapter 122 of the Code of Ordinances
of the City of Ocoee, Florida, is hereby adopted as follows:
CHAPTER 122
Parking Lot Sweepers
Section 122-1. Short Title.
This Chapter shall be known and may be cited as the
"Parking Lot Sweepers Chapter".
Section 122-2. Definitions.
For purposes of this Chapter, the following terms shall
have the meanings set forth in this Section:
A. Owner means the legal owner of a building,
structure or facility, or the lessee, manager, or agent of
record of a building, structure or facility.
B. Parking Lot Sweeper means any device, apparatus
or machine used for the sweeping or cleaning of parking lots,
driveways and/or sidewalks.
C. Residential Zones shall mean all those
districts presently and hereinafter zoned for residential uses
by the City of Ocoee.
D. Commercial Zones shall mean all those districts
presently and hereinafter zoned for commercial uses by the
City of Ocoee.
2
E. Industrial Zones shall mean all those districts
presently and hereinafter zoned for industrial uses by the
City of Ocoee.
Section 122-3. Operation of Parking Lot Sweepers.
No Owner shall operate or cause to be operated any
Parking Lot Sweeper between the hours of 9:00 p.m. and 7:00
a.m. for the purpose of sweeping and cleaning any parking
lots, driveways and/or sidewalks which are located in
Commercial Zones and/or Industrial Zones where any portion of
such parking lots, driveways, and/or sidewalks is located
within five hundred feet (500') of a Residential Zone.
Section 122-4. Enforcement.
Any dispute regarding compliance with the provisions
of this Chapter shall result in presentation of the Code
violation to the Ocoee Code Enforcement Board pursuant to
Chapter 7 of the Code of Ordinances of the City of Ocoee.
SECTION THREE.
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 hereby.
SECTION POUR. Codification. It is the intention of the
City Commission of the City of Ocoee that the provisions of this
Ordinance shall become and be made a part of the Code of Ordinances
of the City of Ocoee; and that sections of this Ordinance may be
renumbered or relettered and the word "ordinance" may be changed to
"chapter", "article", "section" or other such 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
3
or typographical errors which do not effect the intent may be
authorized by the City Manager, without need for public hearing, by
filing a corrected or recodified copy of same with the City Clerk.
SECTION FIVE. Effective Date. This ordinance shall become
effective immediately upon passage and adoption.
PASSED AND ADOPTED this .ad.. day of filMr ' 1994.
APPROVED:
Clerk
CITY OF OCOEE, FLORIDA
S S~:q LLrl!
S. Scott Vandergrif, yor
ATTEST:
(SEAL)
ADVERTISED April 21 , 1994
READ FIRST TIME April 19 , 1994
READ SECOND TIME AND ADOPTED
~ 3 , 1994,
UNDER A ENDA ITEM NO. V II l.-
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORKA]aND LEGALITY
this ~ day of Fl'f ' 1994.
::~BY & if:] 2 {kjfJ
Paul E. Rosenthal
City Attorney
C:\WPSl \DOCS\OCOE\ORDIN.SWZ 14/l1194118&1081SWZ;jed
4