HomeMy WebLinkAboutOrdinance 90-09
ORDINANCE NO. 90-09
AN ORDINANCE OF THE CITY OF OCOEE, ORANGE COUNTY,
FLORIDA, RELATING TO THE CITY BUDGET; AMENDING THE
CITY BUDGET ADOPTED BY RESOLUTION NO. 89-13 FOR THE
FISCAL YEAR BEGINNING OCTOBER 1, 1989 AND ENDING
SEPTEMBER 30, 1990 BY PROVIDING FOR SUPPLEMENTAL
APPROPRIATIONS, AND TRANSFER OF FUNDS BETWEEN AND
WITHIN DEPARTMENTS; PROVIDING FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
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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, Chapter
166 Florida Statutes, and Section 8 of Chapter VI of the Ocoee
City Charter.
SECTION 2. Intent and Purpose. The City of Ocoee budget
for the Fiscal Year beginning October 1, 1989 and ending September
30, 1990, as adopted by Resolution No. 89-13, is hereby amended as
follows:
1. Supplemental appropriations totaling $ 153,000.00
as shown in detail in Exhibit A, attached hereto and
incorporated herein by reference are hereby confirmed,
adopted and approved in all respects by the City
Commission of the City of Ocoee.
2. Transfers of funds between departments totaling
$ 35.316.74 as shown in detail in Exhibit B,
attached hereto and incorporated herein by reference
are hereby confirmed, adopted and approved in all
respects by the City Commission of the City of Ocoee.
3. Transfers of funds within departments totaling
$ 101,978.09 as shown in Exhibit C, attached hereto
and incorporated herein by reference are hereby
confirmed, adopted and approved in all respects by the
City Commission of the City of Ocoee.
SECTION 3. Appropriations. There are hereby expressly
appropriated out of anticipated revenues all funds and monies
necessary to meet the supplemental appropriations stipulated by
and in said amended final budget.
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.
.
APPROVED:
CITY OF OCOEE, FLORIDA
( SEAL)
Advertised April 19
Read First Time April 17
Read Second Time and Adopted
May 1
, 1990
, 1990
, 1990
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE,
APPROVED AS TO FlORM AND
LEGALIlY, thi s _ ~ day
of ~~7 ,1990.
FOLEY & LARDNER, VAN DEN BERG,
B:~y.~~~KIN
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING
HELD ON M!r-I.( I ,1990
UNDER AGENDA ITEM NO. VA
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ORDINANCB NO. 90-08
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AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
CREA~ING CHAPTER lOA OF THE CODE OF
ORDINANCES ENTITLED LATE NIGHT BUSINESSES,
STORES OR OPERATIONS: PROVIDING DEFINITIONS,
ESTABLISHING A.~ REQUIRINO CERTAIN MINIMUM
SECURXTY MEASURES TO BE TAK!N AT CERTAIN
BUSINESSES, STORES OR OPERATIONS OF A
COMMERCIAL NA~UREl PROVIDING FOR EXEMPTIONS;
RSQUIRtNG THA~ A MINIMUM NUMBER OF PERSONNEL
BB ON DUTY 1 R!lQUIRU1(J VIEW THROUGH WINDOWS
TO BE UNOBSTRUCTED; REQUIRING a~LES AREAS
TO DB VISIBLE rROM CERTAIN STREETS;
REQUIRING CERTAIN WARNING SIGNS; PR.OVXDING
FOR A LIMITATION OF AV~ILABLE CASH:
RBQUIRING TUI USE or A SAFEr PROVIDING FOR
MINIMUM LIGHTING kEQUIREKENTS; PROVIDING
FOR A PRESUMPTION I PROVIDING FOR PENALTIES;
PROVIDING FOR APPLICABILITY1 PROVIDING
FOR LtBERAL CONST~UCTION; PROVIDING FOR
SEVERABILITY AND ~ROVIOINa AN BFFECTtVE DATE,
WHEREAS, the number of robberies and related criminal
activity at various rotail businesses, stores and operations
open batween the hours of 9:00 p.m. and 5:00 a.m. exceed the
number of such incidents and occurrences at other times at
commercial establishments; and
WHEREAS, the nature of and operative facts involved in
such rObberies demonstrates a greater likelihood that such
incidents are reasonably likaly to continue to occur unless
precautionary safety mea~ures are takon at such businesses,
stores and operations during certain hours of operation: and
WHERBAS, the occurrences of such criminal acts and
conduct in the City ot Ocoee have resulted in the endangerment of
life and loss of property and the endangerm~nt of life and loss
of property is contrary to the hGalth, safety and welfare of the
employees and customer.s of such businesses, stores ana operations
. as well as t.o the general public including, but not limited to,
the relatives of the victims of such criminal acts and conduct;
and
WHEREAS, the City of Ocoee Police Department has
provided evidence that the provisjons of this Ordinance are
reasonable and necessary and provide essential requirements that
will minimize or eliminate the incidents and oocurrences of
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criminal ~ehavior direct~d at ~uch stores and operations at time
periods when they are significantly more at risk than at other
time periods; and
WB!REAS, the provisions of this ordinance are based upon
conditions that have been thoroughly reviewed and analyzed and
the provisions of this ordinanc~ a~'e found to be rationally and
reasonably related to the protection of the pUblic health, safety
and welfarer to ~e in the public interest and to make reasonable
distinctions between the various forms of businesses, stores and
operations either affected or not affected by this Ordinance and
the hours of operation of those businesses, stores or operations.
NOW, THEREFORE, BE IT ENACTSD BY THE CI~Y COMHlSSION OF
1HZ CITY OF OCOEE, rLOR!DA, AS rOLLOWSl
SBCTION ONE. ~~TITLE_AND AutHORITI.
(a) This Ordinance shall ~e known and may be cited
as the "Late Night Businesses, Stores or operations Ordinance".
(b) 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.
SICTION TWO. The following Chapter l8A of the Code of
Ordinances of the city of ocoea, Florida, is hereby adopted and
created and reads as follows:
CKAPTBR leA
LATH NIGHT BU~SS~S. STORES OR OPB~TIONa
SECTION 18A~1 RlFINITI9NS. The followin9 terms, ,when
... used in this Chapter, shall have the follo~inq maaninqs unless
the context clearly indicates a different meaning:
(a) HLato Niqht BU8ine.8, store or op.ration"
means a commercial establishment of a retail sales nature that:
(1) offers goods, PQtroleum products, household
Qr sundry items or any other merchandise, commodity or item
for sale, and
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(2) is staffed or managed by an employee
during the hours of 9:00 p.m. and 5:00 a.m., and
(3) operates or is open for business at any
time during the hours of 9:00 p.m. and 5:00 a.m.
The term "Late Niqht Bu.lnes8, Store or operation" shall not be
construed or interpreted to mean or include grocery supermarkets;
department stores; temporary lodging facilities such as hotels
and motels; facilities which solely provide the public with the
use of video arcade or other amusement devices; facilities which
solely provide the public with the use of vending machines~.
sporting events, circuses and similar temporary recreational or
entertainment activitiasl motion picture or other theaters;
multi-purpose petroleum dispensing facilities which primarily
service tandem trailer trucks, truck tractors and similar type
vehicles being used for the purpose of co~ercial transport; or
any business, store or operation which is located in a shopping
mall or shopping center with ten (10) or more businesses actually
in operation at the shopping mall or shopping center at which
shopping mall or shopping center at least one-half (1/2) of the
total businesses, stor0S Qr operations located at the shopping
mall or shopping center are open for business during the same
hours, betwaen 9:00 p.m. and 5:00 a.m. Any business, store or
operation whioh solely SGlls or markets personal services shall
not be deemed to be a Late Night Busines$, Store or Operation.
(b) N!mploy..H means every person, including an
owner, engagea in any employment ~elating to the operation or
management of a Late Night Businas&, store or Operation.
(c) "owner" maans the person, persons,
corporation, partnership, joint venture or other group
~nterprise or legal entity having lawful possession or the
premises upon which the Late Night Business, store or Operation
is operated. The Owner of a Late Night Business, storQ or
Operation may have only a lea$ehold intQrest in the property
upon which the Late Night Business, store or Operation is
located, but still be deemed the ownar of the Late Night
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Business, store or Operation notwithstanding the fact that the
Owner does not have a fee simple o~~Qrship in the property.
Cd) HSal.. ClerkH meanS the employee of a Late
Night Business, Store or operation who accomplishes or
negotiates the sale of goods, petroleum products, food,
household or sundry items at the premiQes of a business, store
or operation.
SECTION 18A-Z BEaO~~~APPLICABLE TO LATE NIGH~
DUSI~ESSES. STORES OR OPERATIONS, ,PRES~PTION.
(a) All Late Night Businesses, stores or
operations shall comply with the following conditions of
operation; provided, however, that only Subsection (a) (1) or
this section shall apply to restauranta, cafes and other eating
establishments:
.
(1) Whenever a Late Night Business, store or
Operation is open for b~l5ineas atter 9:00 p.m., the Late Night
Business, Store or operation shall employ no less than two
(2) persons who, unless unable to be on duty dUQ to illness
or emergency, snall be continuously on duty on the premises
from 9:00 p.m. until such time a~ the Late Night Business,
store or operation closes for the husiness day or 5:00 a.m.,
whichever event occurs first; provided, however, that it is
the intent of this Chapter to require each Late Night Business,
store or operation which is epen for business at any time
during the hours of 9:00 p.m. to 5:00 a.m. to have no less
than two (2) persons present at the Late Night Business, store
or operation during said hours of operation; provided, further,
however, that the owner of the store, business or operation
shall make a good faith effort to till any vacancy resulting
from illness or emergency. AnY IJate Night Business, store or
Operation may be exempt from the requirements of this'
subsection (a) (1) rolating to two (2) persons being on duty
by providing for a bUllet-resistant enclosure from which sales
clerks negotiate sales and which enclosure provides for a
remote control mechani.sm by which the salas clerk has the
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ability to lock all doors by which entry can be made into the
merchandise area of the Lata Night Business, Store or operation,
it there is a merchandise area, and has the ability to lock
all doors into tho bullet-reslatant enclosure. The enclosed
area shall be locked and secure during the hours of
9:00 p.m. and 5:00 ~.m. from outside intrusion by any non-
authorized person. The bul1et-ra~istant enclosure must be
capable of resisting a propellant fired or discharged from a
38 caliber weapon fired at a di~tance of twelve (12) inches.
(2) Eaoh Late Night Business, store or
operation shall locate any and all signs located, placed or
posted in or obstructing vision througll the existing windows
in the storQ and all merchandise located or placed in an area
immediately abutting the existing windows in the store in
SUCh a way as to provide a clear and unobstructed view from
all streets abutting the Late Night Business, store or
Operation through said existing windows to each cash register
area and to eaoh area where retail 8al~s occur or in which
cash is otherwise eKchan9Gd. In the case of self-service
petroleum dispensing and sales facilities, a clear and
unobstructed view shall be maintain~d from the sales attendant
to the fuel dispensing equipment being utilized by a customer.
It is not the intent of "this subsection to require any existing
business, store or operation to reconstruct or retrofit its
facility unless remodeling of a substantial nature occurs.
(3) Subsequent to the effective date of this
Chapter, each newly constructed or SUbstantially remOdeled
Late Night B~siness, store or operation shall construot or
remodel such area of it& facility to be located and configured
in such a way 80 as to insure that each sales clerk making a
sale and each customer making a purchase is fully visible
during a sale and purchase event or transaction from all
streets fronting the Late Night Business, store or operation.
(4) Each Lat~ Night ausinQ&s, store or
Operation shall post a conspicuous non-view obstructing sign
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at the facility and, if the sale of petroleum products occurs
by means ot dispensing pump$, at petroleum product dispensing
pumps or islands which siqn or signs state that the cash
register located at and the employees present and on duty at
the Late Night Business, store or operation contain or have
acceSS to no more than One Hundred and NO/100 Dollars
($100.00) or such lesser amount as the Owner shall determine
and that a safe is located in the Late Night Business, store
or operation which safe is not accessiblQ to the persons
present and on ~uty.
(5) Each Late Night Business, store or
operation, shall, during the hours ot 9:00 p.m. and 5:00 a.m.,
have no more than One Hundred and No/100 Dollars ($100.00) in
cash readily available and readily accessible from a cash
register to persons present and on duty during said hours and
shall safeguard any ca~h in excess of One Hundred and No/l00
Dollars ($100.00) in a safe loaated on the premises which
safe shall comply with the provisions of SUbsection (a) (6) of
this Section. This SUbsection (a) (5) shall not apply to
activities occurring at such times when transfers of funds
for deposit are being processed or at such times when prudent
auditing, accounting or investigation activities mandate the
reasonable accessibility of cash; provided, however, that
said exempt aotivities shall be accomplished in a secure
method and location.
(6) Each Late Night Business, store or
operation shall maintain a drop-aafa or time release safe on
its premises which safe shall be either bolted to the floor,
installed into the tloor or weigh at least five hundred (500)
pounds. Each safe shall have a sign conspicuously located on
the safe Which clearly states that no person on the premises
of the Late Night Business, store or operation has the ability
to access or othet~i$e gain ontry into the safe.
(7) The Owner of each Late Night Business,
store or operation shall hav~ each parking lot utilized by
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persons employed at or customers of the Late Night Business,
store or operation over which the Owner maintains ownership
or control to ~e lighted in such a way as to provide visibility
during all hours of dar~~es5 when emloyees or customers are
present and when such employees or customers are reasonably
liKely to be present on the premises. Minimum requirements
under this subsection (a) (7) snall be as prescribed in the
Illuminating Engineering society of North America publication
entitled "Lighting for Parking Facilities".
(8) Any store which ofters a limited variety
of food, household or sundry items or offers petroleum produots
for sale and Which is opon between the hours of 9:00 p.m. and
5:00 a.m. shall be prestmed to be a Late Night Business,
store or operation: provided, however, that such presumption
may ba overcome by the owner of the business, store or
operation presenting cl~ar Qnd convincing substantial
competent evidence that the premises are not a Late Night
Business, store or Operation.
IIQ~ION lBA-~ ,~~Ja. Any person or Owner violating
any provision of this Chapter shall, upon conviction, be punished
as provided in sections 1-8 of Chapter 1 of the Code of Ordinances
of the City of Oooee. Additionally, the city may enforce this
Chapter by obtaining injunctive relief to restrain or prohibit
violation of this Chapter.
I~CTIO~ THREE. kt~L CONSTRQCTION. The provisions
of this Ordinance shall be liber.ally construoted in order to
effectively carry out thQ purposes of this Ordinance in the
interest of the public h~alth, welfare and safety of the
citizens and residents of the city of Oooee and the state of
Florida.
,BeTION fQUR. aJ!J.BAIl~. If any provision of this
Ordinance or the application thereof to any person or
circumstance is held lnval id, it is 1;he intent of the city
Commission of the city ot Oeoee, Florida, that the invalidity
shall not at teet other provisions or applioations of the
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Ordinanoe whioh can be given effect without the invalid
provision or application and, to this and the provieions of this
ordinance are declared severable.
SECTION FIVE. EFr;QT]l~1 QAlI. This Ordinance shall be
in force and take effect one hundred t,,,enty (120) days from the
date of final adoption.
PASSED .AND ADOPTED this :3 ~ day of 411-It-
,
I 1990.
ATTEST:
APPROVED:
CITY OY OCOEE, FLORIDA
Clerk
( SEAL)
FOR USB AND RELIANOB ONLY
BY THE CITY O~ OCOBE,
APPROVBD AS TO 70RK AND
LEGALITY TIU:. -'3(J DAY OF
A?R\':;- -, :1.9'0.
Advertised _ /l)-'tR-c.fI .J.L , 1990
Read First Time Y.h~~cN ~o, 1990
Read Sacond Time and Adopted,
At1t!L 3 , 1990
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FOLBY , LARDNER, VAN DIN BERG,
GAY, ~URKB, WILSON' ARKIN
\-~?Y?
- \<f:ji:~ty .~~~
By:
Approvod by the Ocoee city
Commission at a Meeting
held on A~~'\.. 3 , 1990
under Agenda Item No. -"'S!- \
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01 (03/15/90)
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