HomeMy WebLinkAboutItem #09a.b. 2nd Reading - Code Amendments Related to Requirements for Certain Violations of the CodeAGENDA ITEM COVER SHEET
Meeting Date: March 5, 2013
Item # qQ.,
Reviewed By:
Contact Name: Robin Drage Department Director:
Contact Number: 407 - 581 -9800 City Manager:
Subject:
A. Ordinance amending the Code to create a new Chapter 16 related to the Violations Board
requirements and procedures and deleting Article III, Chapter 168- Second Reading
B Ordinance amending certain sections of the Code to reference Chapter 16- Second Reading.
Background Summary:
City Staff has determined that it would be beneficial to amend the Code to provide for a new Chapter 16
– Violations, in order to have all of the procedures related to certain code violations in one chapter of the
Code of Ordinances. Under the proposed amendments, the Police Infractions Board will be renamed as
the Violations Board and Article III, Chapter 168 will be deleted. In addition to hearing matters related to
certain traffic infractions, the Violations Board will hear cases related to violations of the following code
provisions: Bowfishing, Cemeteries, Noise, Golf Carts on Public Property, Parks and Recreation,
Alcoholic Beverages and Abandoned Property. The requirements for membership on the Violations
Board, fines and procedures for payment of fines and procedures for contesting a Notice of Violation are
included in the proposed ordinance. In addition, each of the foregoing Code chapters will be amended to
reference the new Chapter 16.
Issue:
Should Chapter 16 of the Code of Ordinances of the City of Ocoee be created to provide the procedures
related to certain violations of the Code in a single chapter?
Recommendations
City Staff recommends that the City Commission approve the following amendments to the Code of
Ordinances of the City of Ocoee:
1. Delete Article III of Chapter 168 related to the Police Infractions Board.
2. Create a new Chapter 16 of the Code of Ordinances to establish the Violations Board, to provide
for membership and meeting requirements, powers and duties of the Violations Board, Notice of
Violation requirements, Notice of Violation fines and procedures, requirements to request a
hearing to contest a Notice of Violations and procedures related to the collection of fines.
3. Amend the following sections of the Code of Ordinances to reference the requirements of Chapter
16:
a. Article II, Chapter 48 – Bowfishing
b. Chapter 61 -Cemeteries
c. Article I, Chapter 113 - Noise
d. Article III, Chapter 153 - Golf carts on public property
e. Chapter 64 -Abandoned Property
f. Article I, Chapter 168 - Vehicles and Traffic
(Note that the reference to Chapter 16 in the Alcoholic Beverage ordinance and the Parks and
Recreation ordinance will be included in separate ordinances.)
The first reading of the ordinance creating Chapter 16 and deleting Article III, Chapter 168 and the
ordinance related to amending the foregoing sections of the Code of Ordinances is proposed for the
February 19 City Commission meeting. The second reading and proposed adoption would occur at a
future City Commission meeting in March, at which time a schedule of related fines and fees will also be
presented for adoption by resolution.
Attachments:
Proposed ordinance creating Chapter 16 of the Code of Ordinances of the City of Ocoee and deleting
Article III, Chapter 168, for second reading
Proposed ordinance amending Article II, Chapter 48 - Bowfishing, Chapter 61 - Cemeteries, Article I,
Chapter 113 - Noise, Article III, Chapter 153 - Golf carts on public property, Chapter 64 -
Abandoned Property and Article I, Chapter 168 - Vehicles and Traffic, for second reading
Financial Impact:
The only financial impact expected from these proposed amendments is related to the fines and fees to
be adopted by resolution.
Type of Item: (please mark with an x')
Public Hearing
Ordinance First Reading
X Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Dept Use:
Consent Agenda
Public Hearing
Regular Agenda
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
Yes
N/A
N/A
N/A
2
ORDINANCE NO. 2013-004
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CERTAIN PROVISIONS OF THE CODE OF
ORDINANCES; AMENDING ARTICLE III OF CHAPTER
48 RELATING TO BOWFISHING TO PROVIDE FOR
UNIFORM REQUIREMENTS FOR VIOLATIONS OF THE
CODE; AMENDING CHAPTER 61 RELATING TO
CEMETERIES TO PROVIDE FOR UNIFORM
REQUIREMENTS FOR VIOLATIONS OF THE CODE;
AMENDING ARTICLE I OF CHAPTER 113 RELATING TO
LOUD, UNNECESSARY OR DISTURBING NOISE TO
PROVIDE FOR UNIFORM REQUIREMENTS FOR
VIOLATIONS OF THE CODE; AMENDING ARTICLE III
OF CHAPTER 153 RELATING TO GOLF CARTS ON
PUBLIC STREETS TO PROVIDE FOR UNIFORM
REQUIREMENTS FOR VIOLATIONS OF THE CODE;
AMENDING CHAPTER 164 RELATING TO
REGISTRATION, MAINTENANCE AND SECURITY OF
ABANDONED REAL PROPERTY TO PROVIDE FOR
UNIFORM REQUIREMENTS FOR VIOLATIONS OF THE
CODE; AMENDING ARTICLE I OF CHAPTER 168
RELATING TO GENERAL PROVISIONS OF VEHICLES
AND TRAFFIC TO PROVIDE FOR UNIFORM
REQUIREMENTS FOR VIOLATIONS OF THE CODE, TO
PROVIDE FOR REMOVAL OF ABANDONED,
UNATTENDED, OR UNOCCUPIED VEHICLES FORTY -
EIGHT HOURS AFTER WARNING AND PROVIDING FOR
A RATING CAPACITY DEFINITION FOR COMMERCIAL
VEHICLES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the "City
Commission ") desires to amend certain provisions of the Code to provide for uniform
requirements related to Notices of Violations.
NOW, THEREFORE, 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. Chapter 48 . Article III of Chapter 48 of the Code of Ordinances
of the City of Ocoee, Florida related to Bowfishing is hereby amended as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
SECTION 3. Chapter 61 . Chapter 61, Section 10 of the Code of Ordinances of
the City of Ocoee related to Cemeteries is hereby amended as follows:
See Exhibit "B" attached hereto and by this reference made a part hereof.
SECTION 4. Chapter 113 Article I of Chapter 113 of the Code of Ordinances
of the City of Ocoee, Florida related to Loud, Unnecessary or Disturbing Noise is hereby
amended as follows:
See Exhibit "C" attached hereto and by this reference made a part hereof.
SECTION 5. Chapter 153 Article III of Chapter 153 of the Code of
Ordinances of the City of Ocoee, Florida related to Golf Carts on Public Streets is hereby
amended as follows:
See Exhibit "D" attached hereto and by this reference made a part hereof.
SECTION 6. Chapter 164 Chapter 164 of the Code of Ordinances of the City
of Ocoee, Florida related to Registration, Maintenance and Security of Abandoned Real Property
is hereby amended as follows:
See Exhibit "E" attached hereto and by this reference made a part hereof.
SECTION 7. Chapter 168 Article I of Chapter 168 of the Code of Ordinances
of the City of Ocoee, Florida related to General Provisions for Vehicles and Traffic is hereby
amended as follows:
See Exhibit "F" attached hereto and by this reference made a part hereof.
SECTION 8. 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 9. 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 relettered 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 relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 10. Effective Date This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 20_.
APPROVED:
ATTEST:
Beth Eikenberry, City Clerk
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of , 20_.
SHUFFIELD, LOWMAN & WILSON
ADVERTISED , 20_
READ FIRST TIME , 20_
READ SECOND TIME AND ADOPTED
,20_
UNDER AGENDA ITEM NO.
By:
City Attorney
EXHIBIT "A"
CHAPTER 48 - BOATS AND BOATING, ARTICLE III — Bowfishing, is hereby amended
as follows:
Note: Strikethroughs are deletions; double underlines are additions.
Section 48 -33. - P ena l t ie s f o ff e . Enforcement.
> Affiele 11,
The Police Department shall have the primary responsibility for enforcement of this chanter.
Notwithstanding any other provision of this Chapter to the contrary, any City of Ocoee police
officer or any other person authorized by the Chief of Police may enforce the provisions
contained in this Article and issue a Notice of Violation for the violations of any of the
provisions of this Article.
Any person violating any provision of this Chapter shall be subject to the requirements of
Chapter 16 of the Code related to Violations. including Notices of Violations. Fines and
Procedures and Hearings to contest a Notice of Violation.
EXHIBIT "B"
CHAPTER 61 - CEMETERIES is hereby amended as follows:
Note: Strikethroughs are deletions; double underlines are additions
§ 61 -10 Penalties for- offe,, esViolations
Any person violating any provision of this chapter and its implementing rules and regulation
commits a Violation and shall . .efie , be p,,,-,;s1..able be subject to the requirements as
provided in §-1 12 of Chapter 116, Gener-al Pfav sions, At4iele 11 Violations of the Code of
Ordinances of the City of Ocoee including Notices of Violations. Fines and Procedures. and
Hearings to Contest a Notice of Violation Each day that such violation is committed or
permitted to continue shall constitute a separate ef€enseViolation
EXHIBIT "C"
CHAPTER 113 - NOISE, Article I — Loud, Unnecessary or Disturbing, is hereby amended as
follows:
Note: Strikethroughs are deletions; double underlines are additions
113.4 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
A. Hearing Board means the Ocoee Poke Violations Hearing Board established
pursuant to Seetien 1 68 Q Chapter 16
B. Motor Vehicle means any self - propelled vehicle not operated upon rails or
guidew ay. but does not include bicycles or electric personal assistive mobility devices. Such
definition shall include but not limited to: automobiles, vans, trucks, motorcycles, motor
scooters, dune buggies, snowmobiles, all terrain vehicles, go -carts, mini - bikes, and trail bikes.
C. Notice of hfftsttien Violation means a citation issued for a violation of this
chapter.
D. Person means any natural person, individual, association, partnership or
corporation which includes any officer, employee, department, agency or instrumentality thereof,
or any other entity whatsoever or any combination of such, jointly or severally.
E. Violator means the person receiving a Notice of inf r - aefie Violation for a
violation of this chapter.
111-9. -- Notice of 7 nfr etions. Violations.
Any person violating any provision of this Chapter shall be subject to the requirements of
Chapter 16 of the Code related to Violations, including Notices of Violations. Fines and
Procedures and Hearings to contest a Notice of Violation.
/ .,4
,.hafge,a is
to t hi s ehapte«•
�. the v
iauYa.va,
!Z\ The 1e ere
the i nn_ti
e ee...«.e,a.
The .ante 4iw.e
the inn
aiid of
(4)
ae4ien;
11
EMMIZERMAIII
In
Mom
i 011016".
K F, MM F, V
Mom
EXHIBIT "D"
CHAPTER 153, STREETS AND SIDEWALKS, ARTICLE III — Golfcarts, is hereby
amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
§153 -18. - DEFINITIONS.
1. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
A. "Golf cart" means a motor vehicle that is designed and manufactured for
operation on a golf course for sporting or recreational purposes and that is not
capable of exceeding speeds of twenty (20) miles per hour.
B. "Golf Cart Community" means a subdivision or community within the corporate
limits of the city within which the Ocoee City Commission has by resolution
authorized the operation of golf carts on designated municipal streets within such
subdivision or community.
C. "Golf Cart Permitted Street" means a municipal street within the corporate limits
of the city which has been designated by resolution of the Ocoee City
Commission for use by golf carts.
D. "Applicant ", for the purposes of this article, means a person or entity (including a
homeowner's association) who is requesting that the Ocoee City Commission
adopt a resolution designating one or more Golf Cart Communities and /or one or
more Golf Cart Permitted Streets.
E. "Hearing Board" means the Ocoee Peliee T~f Violations Hearing Board
established pursuant to Section 168 -8 of this Code.
I M Mal 1/ MZ
A. The City of Ocoee Police Department shall
have the primary responsibility for enforcement of this chanter. Notwithstanding any other
provision of this chapter to the contrary, any City of Ocoee police officer or any other person
authorized by the Chief of Police may enforce the provisions contained in this chapter and issue -a
notice of infraction for the violations of any of the provisions of this chanter.
rVIRTMEMMOV- KI&M we WA
UAMWAVAM
, 1: . .
_ .
Any person violating an provision of this Chanter shall be subject to the requirements of
Chapter 16 of the Code related to Violations including Notices of Violations Fines an d
Procedures and Hearings to contest a Notice of Violation
..
_,
- -
SITTV
-
.
MMT
._
_
.r_�!tr- Imp
.............. ........
._ _ •.
�lfllS!f ll�l
EXHIBIT "E"
CHAPTER 164 - REGISTRATION, MAINTENANCE, AND SECURITY OF
ABANDONED REAL PROPERTY, is hereby amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
§ 164 -4. - Violations
A person or entity that violates a provision of this Chapter, or who fails to perform an act
required by this Chapter, commits anima Violation A person or entity commits a separate
e€€enseViolation each day or portions of a day during which the violation is committed,
permitted or continued. The may be fin ° ed to pay a eivil penalty n
te be established by the City Ceffiffiissien by ReseltAien of as provided fef in the appliea
seotien of the-E' } C -Anv person violating anv provision of this Chapter shall be subiect to
the requirements of Chanter 16 of the Code related to Violations. including Notices of
Violations. Fines and Procedures, and Hearings to contest a Notice of Violation.
EXHIBIT "F"
CHAPTER 168 - VEHICLES AND TRAFFIC, ARTICLE I — General Provisions, is hereby
amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
I • L7TIl LEI}[!•" L♦ "' 2itim .iiJ97l S!•iT I _. �!. I � _
A. Any person violating any provision of thi Chapter shall be subject to the requirements of
Ch / - r / / / o f Vi
Pr / / Hea _ Notice of Violation.
of fe� ($ - as said
(1 4 ) ealendaf days-.
-
D isabled
htmdfed and fifty ($250) dellafs for eaeh ififtaefien as lefig as said fine is paid within
fetifteen (1 4 ) ealendaf days-.
♦ I
NON
- NZ •
U .
i i ♦ -
i
I
J!t J
VE - ftA
4. The Chief of Police or his designee is hereby authorized and directed to supply the
State of Florida Department of Highway Safety and Motor Vehicle with a magnetically encoded
computer tape reel or cartridge, which is machine readable by the installed computer system at
said Department listing persons who (i) have three (3) or more outstanding parking violations, or
(ii) one (1) or more parking violation(s) of Florida Statutes §316.1955 or Florida Statutes
§316.1956, or any City ordinances which regulate similar parking in spaces designated for use by
disabled persons.
• DIM" PER
4. The Chief of Police or his designee is hereby authorized and directed to supply the
State of Florida Department of Highway Safety and Motor Vehicle with a magnetically encoded
computer tape reel or cartridge, which is machine readable by the installed computer system at
said Department listing persons who (i) have three (3) or more outstanding parking violations, or
(ii) one (1) or more parking violation(s) of Florida Statutes §316.1955 or Florida Statutes
§316.1956, or any City ordinances which regulate similar parking in spaces designated for use by
disabled persons.
§ 168 -4. Parking, stopping and standing prohibited.
A. No person shall stop, stand or park a vehicle, except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or traffic control
device, in any of the following places:
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. On a crosswalk.
5. Within 15 feet of a fire hydrant.
6. Within 30 feet of any stop sign located at the side of a roadway.
7. Within 30 feet of the nearest rail of a railroad crossing.
8. Within 30 feet of the driveway entrance to any fire station and on the side of a
street opposite.
9. On the roadway side of any vehicle stopped at the edge or curb of a street or on
the roadway end of any vehicle parked at an angle to a curb or street edge.
10. At any place where an official sign prohibits parking.
11. At any place that is designated as a handicapped parking place for handicapped
persons, unless and except when said vehicle is duly permitted for parking therein
by virtue of the fact that there is a handicapped occupant.
12. On both sides of a paved street that is less than 26 feet in width. For the purpose
of this section, the width of the paved street is interpreted to be the entire paved
area, to include ribbon curb or Miami curb, if either exists. The city's Street
Department is responsible for posting the appropriate no- parking signs on one
side of the street, as directed by the Chief of Police, prior to this section being
enforced by the city's Police Department. Once installed, the removal of a no-
parking sign by vandals or any other means will not be grounds to escape e4afien
a Notice of Violation for illegal parking.
13. On either side of a paved street that is less than 17 feet wide. The city's Street
Department is responsible for posting the appropriate no- parking signs on both
sides of such a street prior to enforcement of this section by the Police
Department. Once installed, the removal of a no- parking sign will not be grounds
to escape ,, :t.�ra Notice of Violation
14. In a cul -de -sac that has a radius of less than 30 feet.
15. Within a roadway other than parallel with the edge of the roadway, headed in the
direction of the traffic and with the curbside wheels of the vehicle within 12
inches of the edge of the roadway, except upon a street which has been marked or
a sign erected for angle parking, where all vehicles shall be parked at the angle to
the curb indicated by such mark or sign.
16. Parking of vehicles shall be prohibited in grassed or landscaped portions of all
public and private roadways and rights -of -way except along streets with a width
of less than 22 feet and except along the following roadways: A.D. Mims Road,
Flewelling Avenue, Wurst Road, Center Street, Ocoee Hills Road, Russell Drive,
Willow Creek Road, Adair Street, Spring Lake Circle, Phyllis Street, Mabel
Street, 7 th Street, South Lakewood Avenue and East Delaware Street.
B. Whenever a police officer finds a vehicle to be stopped, standing or parked in violation of
any of the foregoing provisions of this section, the officer is authorized to require the
driver or other person in charge of the vehicle to move the vehicle so as not to be in
violation of any of the foregoing provisions of this section.
C. Whenever a police officer finds an abandoned or unattended vehicle to be stopped,
standing or parked -in violation of any of the foregoing provisions of this section and a
warning sticker has been conspicuously placed on the vehicle for at least -24 hours
pursuant to § 165 -6 of the Code, then the officer is hereby authorized to provide for the
removal of any such vehicle to the nearest garage or to the storage area of any person,
firm or corporation who has contracted with the city as provided in § 165 -9 of the Code.
§ 168 -4.1 Parking of commercial vehicles or buses on public property.
A. The parking of commercial vehicles on public streets and road rights -of -way within any
residential zoned district, including residential planned unit developments, as established
by the Land Development Code for the city, shall be prohibited, except for loading
purposes or as otherwise expressly permitted by the Land Development Code. For the
purposes of this section, a "commercial vehicle" is any truck or other vehicle having a
rated capacity of over 4-'h 1 tons.
B. The parking of buses on public streets and road rights -of -way within any residential
zoned district, including residential planned unit developments, as established by the
Land Development Code for the city, shall be prohibited, except in designated bus
parking areas approved by the city as part of a special exception or conditional use. For
the purposes of this section, a "bus" is a vehicle designated specifically for the
transportation of people for commercial purposes or transportation of students, both
public and private.
C. Whenever a police officer finds a commercial vehicle or bus to be parked in violation of
any of the foregoing provisions of this section, the officer is authorized to take the
following actions:
1. If the vehicle is occupied, to require the driver or other person in charge of the
vehicle to move the vehicle so as not to be in violation of any of the foregoing provisions
of this section.
2. If the vehicle has been parked in violation of the foregoing provisions of this
section and a warning sticker has been conspicuously placed on the vehicle for at least
-2448 hours pursuant to § 165 -6 of the Code, to provide for the removal of any such
vehicle to the nearest garage or to the storage area of any person, firm or corporation who
has contracted with the city as provided in § 165 -9 of the Code.
3. If the vehicle is unoccupied or unattended and within the past 90 days the owner
of such vehicle has been issued a eit Notice of Violation as provided in § 168 -513 of
this Article, for the violation of any of the foregoing provisions with respect to such
vehicle and such e4- No1ice of Violation has not been contested, as provided in §
168 -5C of this Article, as of the date of the new violation, to provide for the removal of
the vehicle without further notice to the nearest garage or the storage area of any person,
firm or corporation who has contracted with the city as provided in § 165 -9 of the Code.
§ 168 -5. Enforcement.
A. The Department of Police shall have the primary responsibility for enforcement of §§
168 -3, 168 -4, 168 -4.1, and 168 -5.1. In addition, the Department of Police shall also be
authorized to enforce §§ 168 -3.1 and 168 -6. Notwithstanding any other provision of this
Chapter to the contrary, any City of Ocoee police officer or any other person authorized
by the Chief of Police may enforce the provisions contained in this Chapter and issue
eitatiens a Notice of Violation for the violations of any of the provisions of this Chapter.
B. The Fire Department, through the officials listed in § 168- 3.1.C, shall have the primary
authority to enforce § 168 -3.1 and issue a ^ms Notice of Violation for the violation of
said § 168- 3.1.C.
C. Any person violating any of the provisions of §§ 168 -3, 168 -3.1, 168-4, 168 -4.1 and /or
any other provision of this Article shall be issued the appropriate eitatien Notice of
Violation with the fine levie in accordance with the provisions of *t of Chanter
16 of the Code
D. Parking e-itafiens netiee -e violations may only be contested in accordance with the
requirements and procedures set forth in c°„+".., 1 68 2 e f this r h Chapter 16 of the
Co e.
E. The towing of any vehicle pursuant to this Article shall subject the owner of such vehicle
to towing fees reasonably necessitated by such removal and storage of the vehicle. The
cost of such removal and storage shall be a lien against such vehicle. All such fees shall
be paid directly to the towing service.
§ 168 -6 Parking on private and public property.
A. It shall be unlawful to park or store any motor vehicle, whether occupied or unoccupied,
on any private property without the express or implied consent of the owner of the
property. In the event that the identity of the driver of such vehicle is unknown, the owner
or person in whose name such vehicle is registered shall be prima facie deemed to be in
violation hereof.
B. Conformance required; exceptions.
1. No owner of any private property shall consent to or acquiesce to the parking or
storing of any motor vehicles, whether occupied or unoccupied, on any portion of
the owner's property which has not been surfaced and otherwise improved in
accordance with all of the off - street parking lot requirements set forth in the Land
Development Code, except that this subsection shall not apply to the following:
a. Public school property.
b. Property which is owned, managed or operated by the city, including but
not limited to recreational facilities, facilities for social gatherings or
occasions, parks, swimming facilities, baseball fields, football fields,
basketball courts, tennis courts and youth centers.
2. The exceptions set forth above shall not be construed as creating any exemption
from compliance with the provisions of the Land Development Code relating to
off - street parking standards.
C. The parking of commercial vehicles on privately owned streets and road rights -of -way or
on any private property which is zoned residential, including residential planned unit
developments, as established by the Land Development Code for the city, shall be
prohibited except for loading and unloading purposes or as otherwise permitted by the
Land Development Code. For the purposes of this section, a "commercial vehicle" is any
truck and other vehicle having a rated capacity of over 4- '�rltons.
D. The parking of buses on privately owned streets and road rights -of -way or any private
property which is zoned residential, including residential planned unit developments, as
established by the Land Development Code for the city, shall be prohibited, except in
designated bus parking areas approved by the city as part of a special exception or a
conditional use. For the purposes of this section, a "bus" is a vehicle designated
specifically for the transportation of people for commercial purposes or transportation of
students both public and private.
E. The C,.Y.,.,.. y Develo ' epaA =1 =c. =t Police Department shall have the primary
responsibility for the enforcement of this Section upon all privately owned property
within all residential zoned districts.
& 168 -7.- Adoption of the Florida Uniform Disposition of Traffic Infractions Act.
The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318, Florida
Statutes, as amended and supplemented, is hereby adopted.
ORDINANCE NO. 2013-005
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
DELETING IN ITS ENTIRETY ARTICLE II OF CHAPTER 168,;
PROVIDING FOR THE RENAMING OF THE POLICE
INFRACTION BOARD TO THE VIOLATIONS HEARING
BOARD; ADOPTING A NEW CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, ENTITLED
VIOLATIONS; PROVIDING FOR REQUIREMENTS RELATED
TO MEMBERSHIP, MEETINGS, POWERS AND DUTIES OF THE
VIOLATIONS HEARING BOARD; PROVIDING FOR NOTICE OF
VIOLATION REQUIREMENTS; PROVIDING FOR NOTICE OF
VIOLATION FINES AND PROCEDURES; PROVIDING FOR
HEARINGS TO CONTEST NOTICES OF VIOLATIONS;
PROVIDING FOR FINE COLLECTION PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the "City
Commission ") desires to change the name of the Police Infraction Board to the Violations
Hearing Board (the "Violations Hearing Board "); and
WHEREAS, the City Commission desires to expand the duties of the Violations Hearing
Board to allow the Violations Hearing Board to consider appeals related to Notices of Violations
issued by the City of Ocoee Police Department, the Ocoee Fire Department and any other City
employee as designated by the Chief of Police; and
WHEREAS, the City Commission desires to establish certain requirements related to the
membership of the Violations Hearing Board; and
WHEREAS, the City Commission desires to establish certain requirements for Notices
of Violations, fines and procedures for payment of fines; and
WHEREAS, the City Commission desires to establish the procedures for hearings to
contest Notices of Violations before the Violations Hearing Board; and
WHEREAS, the City Commission desires to establish the procedure for the collection of
fines related to Notices of Violations.
NOW, THEREFORE, 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. Article II of Chanter 168 Article II of Chapter 168 is hereby
deleted in its entirety.
SECTION 3. Chanter 16 . A new Chapter 16 of the Code of Ordinances of the
City of Ocoee, Florida is hereby adopted as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
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. 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 relettered 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 relettered and the
correction of typographical errors which do not affect the intent may be authorized by the City
Manager, without need of public hearing, by filing a corrected or recodified copy of same with
the City Clerk.
SECTION 6. Effective Date This Ordinance shall become effective
immediately upon passage and adoption.
[Signatures To Follow]
-2-
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
day of , 20
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED -,20—
READ FIRST TIME , 20
READ SECOND TIME AND ADOPTED
,20
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this _ day of , 20
SHUFFIELD, LOWMAN & WILSON
City Attorney
-3-
EXHIBIT A
CHAPTER 16 — VIOLATIONS.
§16 -1. - Creation of Violations Hearing Board; membership; meetings.
A. Creation. There is hereby established the Ocoee Violations Hearing Board (the
"Violations Hearing Board "). The Violations Hearing Board shall have the
following powers and duties:
1. To consider contests of designated violations of the City Code and
to receive and evaluate evidence in connection therewith; and
2. Based upon the evidence presented at such a hearing, to make a
determination as to whether a violation of the City Code occurred; and
3. To impose the fines and fees as adopted by a Resolution of the City
Commission with respect to City Code violations, including late fees and
administrative charges.
4. To make recommendations to the Chief of Police, or his designee,
on matters agreed upon by board members, as it relates to the hearing of and
pertaining to code violations.
B. Membership; Appointment; Term; Chairperson and Vice Chairperson; Quorum;
Removal.
1. Membership. There shall be seven (7) members of the Violations
Hearing Board and two must be members of the Citizens Advisory Council of the
Ocoee Police Department (the "CACOPD "). Additional members of the
Violations Hearing Board may also be members of the CACOPD. All members of
the Violations Hearing Board must be residents of the City of Ocoee, own real
property in Ocoee, or be an owner of a businesses located in Ocoee.
2. Appointment. Those members serving on the heretofore
established Ocoee Police Infraction Hearing Board shall be members of the
Violations Hearing Board until such time as their appointed term expires. Each
member of the City Commission shall appoint a member of the Violations
Hearing Board. In the event a member of the Violations Hearing Board vacates his
or her position prior to the end of their term, the replacement shall be appointed
by the Commissioner who made the original appointment. The other two
members of the Violations Hearing Board shall be appointed by the City
Commission from among the membership of the CACOPD. The Chief of Police
shall provide the City Commission with his recommendation for the appointment
of a member from the CACOPD. If the CACOPD member ceases to be a member
of the CACOPD, then such person shall cease to be a member of the Violations
in
Hearing Board. Members of the Violations Hearing Board shall serve two -year
terms and may be reappointed without regard to the number of terms served
previously.
3. Chairperson, Vice Chairperson. The Violations Hearing Board
shall elect by majority vote a Chairperson and a Vice Chairperson at the first
meeting of each calendar year. The Chairperson and Vice Chairperson shall
assume office at the close of the meeting at which they are elected. Officers shall
not be limited to the number of terms they may serve. Vacancies may be filled at
the next regular meeting provided at least one week notice of the election is given
prior to the meeting. The Chairperson shall preside at all meetings of the
Violations Hearing Board. The Vice Chairperson shall perform the duties of the
Chairperson in the absence of the Chairperson.
4. Quorum. Three members of the Violations Hearing Board shall
constitute a quorum, and no action may be taken if less than three members are
present and voting.
5. Voting. Voting shall be done by voice vote or by show of hands at
the discretion of the Chairperson. Votes may only be taken at a properly noticed
meeting at which a quorum is present. Each duly qualified member in attendance,
including officers, shall be entitled to one vote. Voting by proxy, absentee ballot
or by telephone shall not be permitted.
6. Removal. A member of the Violations Hearing Board may have
his or her membership revoked for cause by the affirmative vote of a simple
majority of the members present at any duly called meeting of the Violations
Hearing Board at which a quorum is present. Cause shall include, but not
necessarily be limited to, a member's failure to attend three meetings within a
twelve (12) month period to properly discharge his or her responsibilities and
duties as a member of the Violations Hearing Board. A member shall
automatically have his or her membership revoked should such member cease to
be qualified for membership as provided herein.
C. Meetings.
1. Regular Meetings. Notice of each meeting shall be provided to all
members of Violations Hearing Board within a reasonable time prior to the
meeting. Notice of the place, day and hour of the meeting shall be provided to the
public in advance of the meeting. Except as otherwise provided in Chapter 286,
Florida Statutes, all meetings shall be open to the public.
2. Special Meetings. Special meetings may be called by the Chief of
Police or his designee, the Chairperson or the Vice Chairperson, or by a majority
of the Violations Hearing Board. Notification of all special meetings shall be
posted not less than five (5) days prior to said meeting. Special meetings shall be
-5-
conducted in the same manner as a regular meeting but shall be limited to the
conduct of business specifically set forth in the notice.
§16 -2. — Powers and Duties of the Board.
A. The Violations Hearing Board is empowered to hear cases of contested Notices of
Violations as issued by Officer and Community Service Officers of the Ocoee
Police Department, the Ocoee Fire Department and any other city employee as
designated by the Chief of Police.
B. The types of cases heard before the Violations Hearing Board shall be determined
by the Chief of Police. The Violations Hearing Board may not hear cases outside
the scope assigned by the Chief of Police. However, this shall not preclude the
Violations Hearing Board from having discussions and /or making suggestions to
the Chief of Police relating to the types of cases heard before the Violations
Hearing Board.
C. The Violations Hearing Board shall utilize definitions established by Florida
Statutes and /or the Manual on Uniform Traffic Control Devices relating to the
definition of terms for traffic violations which are not established by City
Ordinance.
D. The Violations Hearing Board shall adopt rules for transactions of its business and
shall keep a record of its resolutions, transactions, findings and determinations.
E. If the Violations Hearing Board determines that the violation(s) listed in the
Notice of Violation was committed, the Violations Hearing Board shall impose a
fine. If the Violations Hearing Board determines that the violation(s) listed in the
Notice of Violation was not committed, then the filing fee as provided herein shall
be returned.
F. The Violations Hearing Board should not be used to try to influence the City
Commission in budget or personnel matters relating to the Police Department.
G. Coordination with the Violations Hearing Board shall be the responsibility of the
Chief of Police or any other departmental member designated by him. The Chief
of Police shall maintain complete and current files on the composition of the
Violations Hearing Board, its meetings and its activities.
§16 -3. - Notice of Violation Requirements.
A Notice of Violation issued for a violation of the Code shall include:
A. The name, address and driver's license number (if applicable) of the violator; and
B. Notice that the violation charged is pursuant to the applicable Code provision; and
Eel
C. The location where the violation occurred; and
D. The date and time of the violation; and
E. If the violation involves a motor vehicle:
(1.) The license plate number and registration number of the
vehicle; and
(2.) The make, model, and year of the vehicle; and
F. The civil penalty imposed; and
G. The procedures for payment of the civil penalty and contesting the notice of
infraction; and
H. Information advising the violator of the manner and time in which liability as
alleged in notice of violation may be appealed and warning that failure to pay the
civil penalty or to contest liability in a timely manner is an admission of liability.
§16 -4. - Notice of Violation Fines and Procedures
A. Any person violating any provision of this Code who receives a Notice of
Violation shall be subject to a fine as set forth in a Resolution adopted by the City
Commission.
B. Any person who receives a Notice of Violation shall have the following options:
(1.) Pay the assessed fine pursuant to the instructions on the Notice of
Violation; or
(2.) File a Contesting Affidavit to contest the violation at a hearing before the
Violations Hearing Board as provided herein.
C. The failure to comply with (1) or (2) above within thirty (30) calendar days of the
date of the Notice of Violation shall constitute a waiver of the right to contest the
Notice of Violation and will be considered an admission of liability.
D. Violators who fail to either pay the fine indicated on the Notice of Violation or to
request a hearing before the Violations Hearing Board may be subject to the
following: referral to a collection agency for collection of the fine and /or denial of
vehicle registration or booting of vehicle (for Violations related to vehicles and
traffic).
§16 -5. - Hearings.
-7-
A. The Violations Hearing Board shall hear contests to Notices of Violations.
B. Violators who desire to schedule a hearing to contest a Notice of Violation must
file a Contesting Affidavit within thirty (30) days from the date of the Notice of
Violation with the City Police Department along with the appropriate filing fee, as
provided in a Fine Resolution adopted by the City Commission.
C. Upon receipt of a request for a hearing, the City Police Department shall schedule
a hearing before the Violations Hearing Board to occur within sixty (60) calendar
days after receipt of the Contesting Affidavit. The City shall provide notice of the
hearing to the violator no less than ten (10) calendar days prior to the date of the
hearing. The notice of the hearing shall be delivered via certified U.S. mail to the
same address set forth on the Notice of Violation.
D. The City representative who issued the Notice of Violation shall testify at the
hearing. The Violator may also testify and the Violator or his or her
representative may present witnesses and introduce evidence.
E. Based on the evidence presented at the hearing, the Violations Hearing Board
shall make a determination as to whether the Code violation was committed by
the violator. At such hearing or within fifteen (15) days after the hearing, the
Violations Hearing Board shall issue a written order stating its findings and the
amount of the fine, as applicable.
F. Formal rules of evidence shall not apply at the hearing and any relevant evidence
may be admitted. Hearsay evidence may be admitted, but shall not form the sole
basis upon which the Violation Board's decision is made. Irrelevant and unduly
repetitious evidence may be excluded. The hearing shall be conducted in a
manner to ensure that procedural and substantive due process is afforded the
violator.
G. In addition to the civil penalty imposed pursuant to this Chapter, if the Violations
Hearing Board determines the violation was committed, the violator shall also
responsible for payment of hearing costs as adopted by a Resolution of the City
Commission.
H. In the event that the City decides to dismiss the Notice of Violation or if the
Violations Hearing Board dismisses the Notice of Violation, the filing fee shall be
refunded.
I. In the event that the Violations Hearing Board determines that the violation was
committed, the violator shall be deemed to have waived his or her right to pay the
original amount of the fine as indicated on the Notice of Violation. A fine of up
to Two Hundred Fifty Dollars ($250.00) plus hearing costs as provided in the Fine
-8-
Resolution may be imposed by the Violations Hearing Board. In such event, the
filing fee shall be deducted from the fine.
J. Failure to appear before the Violations Hearing Board at the time of hearing will
result in the imposition of a fine and hearing costs as determined by the Violations
Hearing Board.
§16 -6. - Collection of Fines.
The City Manager or his /her designee may establish procedures for the collection of a
fine imposed herein, and may enforce collect such fine by civil action in the nature of debt. The
violator shall also be responsible for payment of any costs incurred by the City in any legal
proceedings or other efforts instituted to collect money due under this Chapter.
!COW
Date Published and Media Name
C Orlando Sentinel
SUNDAY, FE 24 , 2013 D7
s
CITY OF OCOEE - PUBLIC HEARING
Po6lic Hearing before the Ocoee City Conn-
'ssion will be held Tuesday, March 5,
I I13, at 7:15 P.M. or as soon thereafter
i
- may be heard, n the Commission
hombers of City Hall at 150 North
akeshore Drive, Ocoee, Florida, to
insider the following:
ORDINANCE NO. 2013 -006
AN ORDINANCE OF THE CITY OF OCOEE FLORI-
DA. REPEALING AND RESTATING ARTICLE 1 OF
CHAPTER 124 OF THE CODE OF ORINANCES OF
THE CITY OF OCOEE REPEALING CONFLICTS -
PROVIDING FOR (EFFECTIVE
DATE.
If a person decides to appeal any deci-
sion made by the above City Commis-
sion with respect to any matter consid-
ered at such hearing, they will need o
record of the proceedings, and for
such purpose they may need to ensure
that a verbatim record of the Proceed-
ings is made, which record includes
the testimony and evidence upon
which the appeal is to be based.
All interesled Parties are invited to at-
tend and be heard with respect to the
above. In accordance with the Ameri-
cans with Disabilities Act, persons
needing a special accommodation or
an Interpreter to participate in this
Proceeding should contact the City
Clerk's office at 407- 905 -3105 at least 48
hours prior to the dote of hearing.
Beth Eikenberry
City Clerk
C O R 1296701 02124/201,1
Adver cement ®U Article