HomeMy WebLinkAboutItem #07 Emergency Ordinance for Closing of Starke Lake
ORDINANCE NO. 2009-XX
AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE,
FLORIDA IMPOSING A NO WAKE ZONE ON STARKE LAKE,
LAKE PRIMA VISTA, AND THE INTERSECTING CANAL IN
THE CITY OF OCOEE FOR A PERIOD OF THRITY (30) DAYS
FROM THE EFFECTIVE DATE OF THIS ORDINANCE;
ESTABLISHING A PENALTY FOR VIOLATION OF THE NO
WAKE ZONE; FINDING THE EXISTENCE OF AN
EMERGENCY; PROVIDING FOR SEVERABILITY, CONFLICTS
AND AN EFFECTIVE DATE.
WHEREAS, recent weather has caused a substantial rise in the water levels of the
lakes and waterways within the City of Ocoee; and
WHEREAS, these lakes and waterways have, and continue to, flood the surrounding
areas, causing damage to property and eroding shorelines; and
WHEREAS, wakes produced from boats, jet skis and other watercraft may cause
additional damage and erosion to these areas; and
WHEREAS, the City Commission of the City of Ocoee believes it is in the City's best
interests to declare all Starke Lake, Lake Prima Vista and the intersecting canal as "No Wake
Zones" for a period of thirty (30) days.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. Authoritv. 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.
006.348658.2
SECTION 2. No Wake Zone. The City hereby declares all of the lakes and
waterways within the City of Ocoee as "No Wake Zones" for a period of thirty (30) days.
During this thirty (30) day period, no boat, jet ski or other watercraft may create a wake on
any part of any lake or waterway.
SECTION 3. Penalty. Any person who refuses to comply with or violates this
Ordinance shall be subject to the following fines:
First Violation:
For every violation thereafter:
Written Warning
$100.00
SECTION 4. Emergency Ordinance. Pursuant to Section 166.041(3)(b),
Florida Statutes, the City Commission of the City of Ocoee hereby finds that an emergency
situation exists due to the rise in water levels, the current and threatened flooding of
property, including roads and residential homes, and the erosion of the shorelines of the
lakes and waterways within the City.
SECTION S. 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 6. Conflicts. All ordinances or parts of ordinances III conflict
herewith be and the same are hereby repealed.
SECTION 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
006.348658.2
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PASSED AND ADOPTED this _ day of
,2009.
APPROVED:
ATTEST:
CITY OF OCOEE, FLORIDA
Name:
Title:
S. Scott Vandergrift, Mayor
(SEAL)
READ FffiST TIME AND ADOPTED
, 2009
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of , 2009.
FOLEY & LARDNER LLP
By:
City Attorney
006.348658.2
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