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HomeMy WebLinkAboutOrdinance 607 '. ~ ORDINANCE NO. & 01 " ..-;/ /' ".// CITY OF OCOEE, FLORIDA .j{~ \. . AN ORDINANCE RELATING TO PERIODS OF TIME DURING WHICH RECREATIONAL PROPERTY OWNED, MANAGED OR OPERATED BY THE CITY OF OCOEE SHALL BE OPEN TO THE PUBLIC, PROVIDING DEFINITIONS, PROVIDING THAT NO ONE SHALL ENTER OR REMAIN ON SUCH PROPERTY AFTER THE HOURS OF CLOSING OF SUCH RECREATION- AL PROPERTY, PROVIDING EXCEPTIONS TO THE APPLICATION OF THE ORDINANCE, PROVIDING FOR THE REPEAL OF PRIOR ORDINANCES SIMILARLY DEALING WITH THE HOURS OF OPERATION OF RECREATIONAL PROPERTY, PROVIDING PENALTIES, PROVID- ING FOR CONSTRUCTION AND SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS: The City of Ocoee owns, manages or operates certain property within the corporate limits of the City of Ocoee commonly used for the purposes of recre- ation by the citizens of Ocoee and others, and WHEREAS, the recreational benefits provided by such property and the facilities thereon are extremely valuable to the citizens of the City of Ocoee, and WHEREAS, the City Commission has determined to provide recreational benefits to the citizens of Ocoee, with due regard for the rights of persons living in the vicinity of such property, and WHEREAS, numerous complaints have been received by the City Commission concerning noise, lights, and other disturbances caused by persons entering, congregating or remaining on such recreational property on the hours of darkness, and . WHEREAS, the City Commission of the City of Ocoee has conducted an independent investigation and determined that the best way to continue to provide recreational benefits for the citizens of the City of Ocoee, while at the same time protecting the rights of other citizens of this community living in the vicinity of such property, is to establish firm hours during which said recreational property will be open to the public and by closing the property to the public during the hours provided herein. . NOW THEREFORE, BE IT ENACTED BY THE PEOPLE OF THE CITY OF OCOEE, FLORIDA: Section 1. AUTHORITY; PURPOSE; SCOPE: . This ordinance is enacted under the authority of Article VIII Section 2(b), of the Constitution of the State of Florida, under authority of Florida Statutes, Chapter 69-1359, Special Acts of 1969, for the purpose of providing hours during which certain recreational property owned, managed or operated by the City of Ocoee shall be open to the public, and providing that said property shall be closed to the public during all other time periods. This ordinance is enacted in the interest of the public safety and welfare of the citizens and inhabitants of the City of Ocoee, Florida, and shall be in force and effect and shall be enforced throughout the City. Section 2. DEFINITIONS: As used in this ordinance, the following terms shall be defined to mean: (a) .Person" - whether used in the singular or plural, shall mean any individual, group of individuals, firm, corporation, partnership, or other legal entity or the agent or agents thereof. (b) "City of Ocoee" shall refer to the incorporated area of the City of Ocoee, Florida. -2- ... . (c) "Commission" shall mean the City Commission of the City of Ocoee, Florida. (d) The singular includes the plural and vice versa. (e) The masculine includes the feminine and neuter and vice versa. (f) Reference to any office or officer includes any person authorized by law to perform the duties of such office or officer. (g) "Recreational Property" - shall be defined to mean any property which is owned, managed or operated by the City of Ocoee which has as its primary function the providing of recreational facilities, or facilities for social gatherings or occasions, to the public. The term "Recreational Property" shall include, but not 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 Ci ty . Section 3. HOURS DURING WHICH RECREATIONAL PROPERTY SHALL BE OPEN TO THE PUBLIC: . Recreational property owned, managed or operated by the City of Ocoee shall be open to public from 9:00 A.M. until 11:00 P.M. on the following days of the week: Sunday, Monday, Tuesday, Wednesday, Thursday. Such property shall be - 3 - ~ . . open from 9:00 A.M. until 12:00 Midnight on the following days: Friday and Saturday. Such recreational property shall remain closed to the public during all other hours. Youth Centers or other buildings to which this ordinance applies shall not be required to be physically open during the hours set forth above, but shall be available for use by persons or groups authorized by the City Commission, the City Manager, or his delegate. Section 4. ENTERING, REMAINING OR CONGREGATING ON RECREATIONAL PROPERTY PROHIBITED DURING CERTAIN HOURS: No person shall enter, remain or congregate upon any recreational proper~y, as defined, except during those hours set forth above during which said property is open to the public. Section 5. EXCEPTIONS: Notwithstanding the provisions of Section 3 above, recreational property may be utilized after the hours of operation specified, for the following purposes: (a) completion of regularly scheduled athletic events which have commenced prior to the hour of closing of recreational property. (b) authorized maintenance or repair activities on recreational property. (c) regularly scheduled civic or social events at youth centers or other similar property, provided that prior per- mission be obtained in writing from the City Manager or his delegate. (d) other such events or actuvities, provided that prior permission in writing be obtained from the City Manager or his delegate. Section 6. PENALTIES: Any person violating any of the provisions of this ordinance shall be punished by fining a sum not to exceed Five Hundred ($500.00) Dollars or by imprisonment for a period not to exceed sixty (60) days, or by both such fine and imprisonment. Section 7. SEVERABILITY: If any section, sentence, clause, phrase or word of -4- . J this ordinance is for any reason held or declared to be un- constitutional, inoperative or void, such holding of invalidity shall not affect the remaining portions of this ordinance, and it shall be construed to have been the legislative intent to pass this ordinance without such unconstitutional, invalid or inopera- tive part therein and the remainder of this ordinance after the . exclusion of such part or parts shall be deemed and held to be valid as if such part of parts had not been included herein. If this ordinance or any provision thereof shall be held inapplicable to any person, group of persons, property, kind of property, circumstances or set of circumstances, such holding shall not affect the applicability thereof to any other person, property or circumstances'. Section 8. CONSTRUCTION: This ordinance shall be deemed to be cumulative and supplemental and in addition to any other act, law or ordinance relating to the hours during which recreational PFoperty, as defined, shall be open to the publici providing, however, that this ordinance supercedes and repeals any existing ordinance which is in direct, irreconcilable conflict herewith. The provisions of this ordinance shall be liberally construed in order to effec- tively carry out the purposes of this ordinance in protecting the interest of the public health, safety and welfare of the citizens and residents of the City of Ocoee. Section 9. EFFECTIVE DATE: This ordinance shall take effect immediately upon passage by the City Commission of the City of Ocoee, Florida. . ENACTED this ~'t-~ day of ~e <::-R.~ ~Q " , 1974. CITY OF OCOEE, FLORIDA By: S .~cd{ d~~ ATTEST: ~~ () (;;~ L~,. -5- __ _ ____ _ ___--------l