HomeMy WebLinkAboutItem #10 Discussion on City Cemetery- Consideration of Budgeting for Cemetery ImprovementsDiscussion on Cemetery —
Consideration of Budgeting for
Cemetery Improvements
RESOLUTION NO. 2012 -010
A RESOLUTION OF THE CITY OF OC'OEE, FLORIDA
CREATING RULES AND REGULATIONS FOR
OPERATION OF TILE CITY CEMETERY; ESTABLISHING
A SCHEDULE OF CEMETERY FEES; REPEALING
CONFLICTS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 3 of Chapter 61 of the Code of Ordinances of the City of Ocoee
authorizes the City Commission of the City of Ocoee from time to time to adopt, by resolution,
rules and regulations for operating the City Cemetery; and
WHEREAS, the City has recently constructed a columbarium for the inurnment of'
cremated remains as an additional choice for users of the Cemetery; and
WHEREAS, the Cemetery is a valuable asset of the City and its citizens; and
WHEREAS, the proper management ofthe Cemetery is a vital City function: and
WHEREAS, cost recovery is necessary to ensure that the users of the Cemetery pay the
expenses incurred by the City related to Cemetery operation;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1. Authority. The City Commission of the City of Ocoee has the authority
to adopt this Resolution pursuant to Section 3 of Chapter 61 of the Code of Ordinances of the
City of Ocoee, Article Vill of the Constitution of the State of Florida, and Chapter 166, Florida
Statutes.
SECTION 2. Adoption of Cemetery Rules and Regulations. The Ocoee City
Cemetery Rules and Regulations, as set forth in Exhibit "A" attached hereto and, by this
reference, made a part hereof are hereby adopted.
SECTION 3. Schedule of Fees. The Ocoee City Cemetery Schedule of Fees, as set
forth in Exhibit "B" attached hereto and, by this reference, made a part hereof, is hereby adopted.
Said Schedule of Fees are to be incorporated in Section 7.1 of the Ocoee City Cemetery Rules
and Regulations.
SECTION 4. Conflicts. All resolutions, parts of resolution, or acts of the City
Commission of the City of Ocoee in conflict herewith are hereby repealed and rescinded.
SECTION 5. Severability. If any section, subsection, sentence, clause, phrase, or
portion of this Resolution is, for any reason, held invalid or unconstitutionat 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 ofthe remaining portion hereto.
SECTION 6. Effective Date. This Resolution shall become effective at midnight on
November 1, 2012,
PASSED AND ADOPTED this day 2012.
APPROVED:
A"ITfEST:
_ikenberry, . ity Clerk
CI'T'Y OF OCOEE, FLORIDA
S. Scott Vandergrift, Ma m
(SISAL)
FOR USE AND RELIANCE ONLY 13Y
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY THIS DAY OF
2012.
APPROVED BY TnE OCOEI +, CITY
COMMISSION AT A MEETING HELD
ON �Ze ��1 1` , 2012
UNDER AGENDA ITEM NO. l '}
SHUFFIELD, LOWMAN N
.�f
City ttorney"
2
EX111BIT " A " (10 pages)
Ocoee City Cemetery Rules and Regulations
Definitions. The following terms have the meaning described below when used in these
Rules and Regulations:
1.1 "Achninistrator" or "Cemetery Administrator" is that person described in j 61 -6 of the
Code of Ordinances of the City of Ocoee and having the duties described in 5 61 -7 of
that Code. The Administrator is the person appointed to serve as the Cemetery
Administrator for the purposes of implementing these Rules and Regulations.
1.2 "Burial Right" means the right to use a grave space or columbarium niche for the
interment, inurnrnent, or other disposition of human remains or cremated remains.
1.3 "Casket" means a rigid container that is designed for the encasement of human
remains and that is usually constructed of wood, metal, or fiberglass, and is typically
ornamented and lined with fabric.
1.4 "Cemetery" is a place dedicated to and used for the permanent interment or inurnment
of human remains or cremated remains. A cemetery may include land or earth
interment; mausoleum, vault, or crypt interment; a columbarium, ossuary, scattering
garden, or other structure or place for the disposition of cremated remains; or any
combination of two or more of such structures or places.
1.5 "City Clerk" is the person described under Article V, § C -28 ofthe Charter of the City
of Ocoee.
1.6 "City Manager" is the person described in Article IV of the Charter of the City of
Ocoee and with the authority over cemetery operations described in Chapter 61 ofthe
('ode of Ordinances ofthe City of Ococc.
1.7 "Columbarium" is a structure or building that is substantially exposed above the
ground and that is intended for the inurnment of cremated remains in individual niches.
1.8 "Cremated Remains" or "Cremated Human Remains" are all the remnants ofthe
human body recovered aftcr the completion of the cremation process and may include
the residue of any foreign materials, such as casket, bridgework, or eyeglasses, that
were cremated with the human body.
1.9 "Cremation" is a mechanical or thermal process whereby a dead human body is
reduced to ashes and bone fragments.
1.10 "Cremation Urn Vault" or "Cremation Interment Container" is an urn designed for the
underground storage of cremated remains. Such an urn has a rigid outer container
constructed of concrete. Cremated remains may be placed directly within the urn vault;
a separate internal urn is not required.
1.1 l "Designation" is the process of assigning the right of burial or inurnment to a person
who is not the owner of a cemetery plot or the subscriber to a columbarium niche.
Absent a designation, the owner of a plot or the subscriber of a niche is assumed to be
the person for whom use is designated.
1.12 "Designee" is the person for whom a burial or inurnment right has been designated.
1.13 "Disinterment" is the removal ofa dead human body, typically in a casket or other
container, from the earth or an aboveground interment.
l .14 "Fntombment" is the process of placing a deceased person's remains in an
abovegrou un
nd mausole�.
1.15 "Funeral" or "Funeral Service" weans the observances, services, or ceremonies held to
commemorate the life of a specified deceased human being and at which the human
remains are present.
1.16 "Grave Space" is an entire plot or a designated portion ofa multiple -space plot set
aside for the interment of human remains. Each grave space provides an area of
ground for the burial of one casket in a vault or one cremation urn vault.
1.17 "Human Remains" or "Remains" is the body ofa deceased human person for which a
death certificate or fetal death certificate is required under State law and includes the
body in any stage of decomposition. As used herein, the terra will typically refer to the
contents of an urn or casket.
1.18 "Inurnment" refers to the placement of an urn containing cremated remains above
ground in a niche or below ground in a cremation urn vault.
1.19 "hrterment" refers to the placement of a casket containing the remains of a deceased
person in a grave space; a.k.a., �r burial.
1.20 "Legally Authorized Person" or "Legally Authorized Representative" is a person
defined under § 497.005(3), Florida Statutes; i.e., is authorized by an owner,
subscriber, or designee to act on their behalf.
1.21 "Mausoleum" is a structure or building that is substantially exposed aboveground and
used for the interment of human remains.
1.22 "Memorial Service" is a service that recognizes the life of one or more persons at a
time subsequent to a funeral.
1.23 "Monument" is any product used to identify a gravesite or serve as a cemetery
memorial of any kind, including monuments, markers, lights, mementos, and vases,
which may be permanent or temporary in nature.
1.24 "Niche" is a compartment or cubicle for the permanent placement of an urn in a
columbarium.
1.25 "Occupant" is an individual who has the right to have his or her remains placed in a
niche or grave space.
1.26 "Plot" or "Burial Plot" is a rectangular area containing one or more grave spaces and is
the smallest area of ownership within the Cemetery.
1.27 "Plot Owner" is an individual who has acquired a plot from the original or subsequent
owner of the land. The plot owner is the current owner of the burial plot. Any
references herein to plot owner includes any designated alternate or legally authorized
person unless otherwise apparent trorn the wording.
1.28 "Resident" is a person who presently resides in the City of Ocoee.
1.29 "Subscriber" is an individual who has paid all fees for the reservation of a niche. Any
references herein to subscriber includes any designated alternate unless otherwise
apparent from the wording.
1.30 "Subscription" is the perpetual right to use a columbarium niche for the storage of a
deceased person's cremated remains in an urn. The term applies to both the
preservation of a fixture right of use and the actual use of a niche. Subscriptions are
permanent unless terminated under one of the provisions of these Rules and
Regulations.
1.31 "Superintendent'' or "Cemetery Superintendent" is the person described by § 61 -4 of
the Code of Ordinances of the City of Ococe with the powers and duties provided in §
61 -5 of that Code. The Superintendent is an employee ofthe City.
1.32 "Urn" is a device or receptacle for permanently storing and encasing cremated remains
in a columbarium niche. As used herein, an urn is a container into which cremated
remains may be placed and closed in such a manner as to prevent leakage or spillage of
the remains. A cremation urn vault serves as an urn for underground inurement.
1.33 "Vault" or "Outer Burial Container" is a reinforced structure typically constructed of
concrete and designed to support the weight of earth overlaying a burial site. A single
casket is placed in a vault.
2 Authority.
2.1 The use and care of the Cemetery are subject to the management and control of the
Ocoee City Commission through Chapter 61 -1 of the Code of Ordinances of the City
of Ocoee and these Rules and Regulations. The City Commission reserves the right to
make, amend, and repeal such regulations and policies, as it deems appropriate. The
City may, at any time, amend or waive any of its Cemetery Rules and Regulations
upon direction of the City Manager. Waiver of any rule or regulation does not
constitute a continuing waiver with respect to any situation arising thereafter.
3 Cemetery Plots
3.1 A plot owner has the right to inter or inurn the remains of one (1) person in a cemetery
plot lie or she owns. A plot consists of one grave space that may contain the remains of
a single deceased person, as designated by the plot owner and as applicable and subject
to the restrictions provided below. The remains of the designated person may be
contained in a casket and buried in a vault below ground or entombed in a mausoleum
above ground within the plot. Alternatively, the cremated remains of the designated
person may be buried in a cremation urn vault or entombed in a mausoleum within the
plot. The City does not supply the required vault, cremation urn vault, or mausoleum
but does maintain a list of approved vaults and suppliers to inform the public.
3.2 Ownership of a plot may be voluntarily transferred to the City, which may reimburse
the owner in an amount equal to the original purchase price, as provided in § 61 -8 D of
the Code of Ordinances. In the absence of acceptable proof of the actual price paid, as
determined by the Administrator, the price of $50 shall be used as the amount to be
reimbursed.
3.3 A plot owner may designate the right to use an owned grave space by any person.
Such a person, or designee, may not transfer the right of use to a third party. Right of
occupancy may be demonstrated by a notarized statement executed by the plot owner
granting the right for the named individual to utilize the grave space upon death. Either
the owner or designee may end the right of use through a notarized document
terminating the designation. Purchases made after September 30, 2012, shall require a
designation at time of purchase.
3.4 Each plot owner may authorize another person to make or change designations or take
other action in case the plot owner dies or becomes incapacitated. Such an
authorization must be made in writing to the Administrator and the signature of the
owner taking such action must be notarized, and may be revoked or modified by the
owner in the same manner at any time. Such a person will be treated as a legally
authorized representative.
3.5 The City permits the interment of the inurned cremated animal remains of the
decedent's pet or pets with the decedent's human remains or cremated remains in a
plot, provided the human remains and cremated animal remains are not intermingled
and the interment with the cremated animal remains is with the authorization of the
decedent or other legally authorized person acting for the decedent. For example, the
cremated animal remains may be placed in an urn and the urn placed in the casket of a
deceased person for burial.
3.6 Monuments in all sections of the cemetery must be markers, headstones, or flat ledgers
and must be made of bronze, marble, or granite. A monument to a plot may be added
4
upon the granting of a permit to do so by the Administrator following acceptance of the
proposed monument and payment of the appropriate fees. hi considering whether to
grant the permit, the Administrator shall determine if the monument is compliant with
Cemetery Rules and Regulations. Should the Administrator reject the application, the
applicant may appeal the'decision to the City Manager. Should the City Manager
affirm the decision of the Administrator, the applicant may appeal the decision to the
City Commission. All facilities, markers, and monuments installed in or on a plot are
the property and responsibility of the owner, as provided in § 61 -8 J of the Code of
Ordinances.
3.7 Only the City and /or its authorized agent(s) may perform interment, inurnment, and
other services related to the cemetery. A permit must be obtained from the
Administrator for all such services.
3.8 Permission to inter or inurn the remains of a deceased person in a grave space must be
secured from the Administrator at least 24 hours in advance of the anticipated date and
time for such an event. Friday at noon is the cut -off time for scheduling a weekend
service.
3.9 The City reserves the right to inspect improvements to a plot for compliance with these
Rules and Regulations, conformance with other applicable laws, and consistency with
any City permit granted for the improvement. Should problems be found, the plot
owner or appropriate legally authorized person shall be notified of the deficiency in
writing by the Administrator and given a stated period of time for corrective action to
be taken. The cost to correct any issues will be the responsibility of the decedent's
authorized representative. Failure to take the required corrective action within the
designated period shall be treated as a code violation under the provisions of Chapter 7
of the Code of Ordinances.
3.10 Demonstrating proof of the right to use a grave space for the interment or inurement of
a deceased person's remains is the responsibility of the person seeking to use the space.
The Administrator may determine the manner of demonstrating the right of use and
accept such evidence as may be presented in order to determine whether to issue a
permit to utilize a given grave space.
3.11 Due to incomplete records prior to the city's ownership of the cemetery, the City
cannot confirm or defend the ownership of any plot or burial right. Providing evidence
of plot ownership or burial right within a grave space is the responsibility of the person
seeking to establish such ownership or right. The Administrator may determine the
manner of demonstrating plot ownership, accept such evidence as may be offered to
demonstrate ownership, and reach a determination as to ownership for the purposes of
managing the Cemetery and the use of plots and grave spaces. In general, proof of
ownership must be demonstrated by a deed, probated will, or notarized bill of sale.
3.12 Each plot owner is required to provide the City with his or her residential address at all
times, as required by § 497.286, Florida Statutes. Failure to do so will result in an
assumption of abandonment by the owner as provided in § 61 -8H of the Code of
Ordinances.
4 Columbarium Niches.
4.1 A columbarium niche may be used to inure the cremated remains of a single deceased
person. A subscription entitles the subscriber or a designated person to use the
identified niche in perpetuity, subject to the limitations listed herein. Any subscriber
obtaining more than one niche must designate at time of purchase the person(s) using
each niche as provided in 5 61 -9 11 of the Code of Ordinances. The subscription fee
does not include the cost of cremation or the urn and the City has no involvement with
the cremation process.
4.2 Each subscriber may authorize another person to make or change designations or take
other actions in case the subscriber dies or becomes incapacitated. Such an action must
be made in writing to the Administrator and the signature of the subscriber making the
appointment must be notarized. Any such appointment may be revoked or modified by
the subscriber in the same rrianner at any time.
4.3 Once a niche has been utilized for inurnment, the subscriber may seek permission from
the Administrator to remove the cremated remains originally inurned and inurn a
different individual upon payment of the prescribed fees. The normal fee to open a
niche shall apply when the cremated remains are removed.
4.4 Subscriptions may be canceled by a subscriber prior to inurnment and thereby released
back to the City.. Should a subscription be canceled in the manner herein described, a
refund equal to the original subscription fee shall be refunded to the subscriber.
4.5 A subscriber may seek permission to remove the cremated remains originally inurned
and cancel the subscription. Should a subscription be canceled in the manner herein
described, a refund equal to the original subscription fee shall be refunded to the
subscriber subject to a deduction $200 for each year or part of a year in which the niche
was used to store cremated remains. "fhe normal fee to open a niche shall apply when
the cremated remains are removed.
4.6 Inurnment of cremated remains in a niche requires the use of an urn. The
Administrator shall approve ally urn used prior to inurnment. The City does not supply
the urn. The Standards section of these Rules and Regulations provides the controlling
specifications for urns.
4.7 Each subscriber must notify the Administrator in writing of changes to his or her
residential mailing address and phone number as provided in 61 -8G of the Code of
Ordinances.
4.8 No remains may be inurned in a niche except those of the subscriber or the person
designated by the subscriber for that niche. A subscriber may declare or modify the
designated user at any time prior to inurnment upon written application to the
Administrator. A subscription cannot be sold or otherwise transferred to a third party
by any subscriber; subscriptions may only be canceled.
4.9 Permission to inure the remains of a deceased person must be secured from the
Administrator at least 24 hours in advance of the anticipated date and time for such an
event. Permission may be granted only upon filing and approval of the appropriate
permit with the cemetery Administrator.
4. 10 If corrective action is required for any unauthorized changes, the cost to correct such
issues will be the responsibility of the decedent's legally authorized representative.
4.11 The only type of monument permitted for a niche is the plaque provided, inscribed, and
installed by the City. The cost of the plaque and its inscription and installatir» i are not
included in the reservation fee for the niche. The subscriber Must notify the
Administrator in writing of any error in engraving the plaque within 12 months of
installation. Should a change be desired in the plaque's inscription other than to
correct an error, the subscriber or authorized representative of the occupant must
submit an application to do so and pay the required fees.
4.12 The City shall endeavor to protect. the cremated remains and urns during the murnment
after they are placed in the columbarium, but it shall have no responsibility for failure
to do so. Should the colwnbariurn be damaged through a natural or manmade disaster,
the City will take such action as it deems appropriate to recover, identify, and protect
murned remains. Should it be impossible or impractical for the City to repair and /or
replace the columbarium, as may be determined by the City, the Administrator will
seek to contact the subscriber, known alternate, occupant's legally authorized
representative, or known descendant to accept the cremated remains for inurnment at
another location. Should no such person be found or such person not timely respond to
the notification, the City may respectfully place the cremated remains in an alternative
location and retain documentation of such action as a public record. In no case shall a
refund of fees be made as a result of the City's inability to operate the eolumbarium
due to damage or loss, as hereinabove described.
4.13 "file City, while making repairs or improvements to the columbarium, may temporarily
remove cremated remains. Otherwise, remains may only be removed with the written
consent of both the City and the subscriber, the occupant's legally authorized
representative, or when required by law or a court order.
5 Residency.
5.1 Residency pricing applies to the purchase of a cemetery plot or the subscription of a
columbarium niche from the City when the person seeking to purchase the plot or
subscription is a city resident, as defined above. A designee must be established for
each plot purchase or niche subscription at the time it is acquired.
5.2 Residence may be established by showing a deed, utility bill, voting card driver's
license, or other records that include the name, date, and address of the person seeking
to establish residency and covering the period of time for which residency is being
established.
5.3 Residency, once established, is not affected by any subsequent relocation of the
occupant. The occupant need not reside in the City at the time of death once residency
has been established.
6 Standards.
6.1 A standard grave space for the interment of a single deceased person in a casket
contained in a vault shall measure at least 42 inches wide and 96 inches long; these
dimensions shall constitute the minimum allowable space for interment of a deceased
person. Spaces defined prior to October 1, 2005, are not required to meet this standard.
Only one person may be interred in such a space. An above - ground monument must be
placed within the grave space.
6.2 A standard grave space for the inurnment of a single deceased person is 42 inches wide
and 48 inches long; these dimensions shall constitute the minimum allowable space for
inurnment of a deceased person in a plot. Only one person may be inurned in such a
space. An above - ground monument must be placed within the grave space.
6.3 Each casket interred in the Cemetery must be enclosed in an approved underground
vault or aboveground mausoleum.
6.4 The minimum amount of earth covering a vault or cremation urn vault is 12 inches.
6.5 COIUmbarium niches are 11.75 inches wide, 11.75 inches high, and 12.375 inches deep.
Reinforcing brackets protrude into this space on the two upper corners. Urns to be
placed in a columbarium niche must fit within these dimensions. Users are advised to
make allowances in dimensional variation between niches given the natural materials
used in niche construction. All urns must be constructed of durable materials and seal
with a positive fastening mechanism. So -called "eco" biodegradable urns may not be
used.
6.6 No tree or shrub may be planted on any plot. The only permitted permanent vegetative
material is sod.
6.7 All monuments must be constructed bronze, granite or marble. The location of all or a
portion of a monument within a grave space shall preclude the use of that space for the
interment of deceased person if the resulting area of ground is less than minimum space
stated above. An additional charge may be incurred if it is necessary to remove and
subsequently replace a monument in order to conduct an interment or inurnment.
6.8 Monuments and other grave markers may not exceed twenty -five percent (25 %) of the
surface area of the plot on which they are located.
6.9 No boxes, shells, toys, glassware, sprinkling cans, receptacles, landscape lighting,
trinkets, mementos, or similar articles will be permitted on any grave, lot, or tree.
6.10 No person may use any form of advertisement on Cemetery grounds.
6.11 Flowers and other symbols of tribute may be placed upon graves. Symbols of tribute
may include fresh or artificial flowers, wreaths, potted plants or baskets. Except for the
funeral service, arrangements should be placed on the grave space only. The use of
candles is strictly limited to funeral services and memorial services and may be
prohibited due to dry conditions and for other reasons. The area surrounding graves
should remain clear for maintenance. The City will remove arrangements that become
wilted, faded, or unsightly.
6.12 The City may flag or otherwise mark and/or remove items placed within cemetery plots
that are not in conformance with these regulations. Plot owners shall have 45 days
from the date of such action to remove or claim their item(s), after which time the City
is empowered to dispose of them as it sees fit.
7. Fees and Charges.
7.1 The following fees (attached tables 7.1A and 7.1B) are to be applied for services and
products provided by the City.
7.2 Notification must be made to the Administrator no later than 12:00 noon on Friday
prior to any weekend interment or inurnment desired for the immediately following
Saturday or Sunday. The City does not have staff available on weekends to identify
grave sites and supervise interment and inurnment activities.
8. Cemetery Hours.
The Ocoee Cemetery is open to the public during daylight hours every day of the year. Any
person found on the grounds after hours without City authorization will be considered to be a
trespasser and treated in the same manner as any person found in a City park after hours.
9. Conduct of Persons in the Cemetery.
9.1 No person shall break or injure any tree or other plant, pick any flowers, or mar any
landmark, marker, or memorial, or in any way deface the grounds of the Cemetery.
9.2 Persons within the cemetery grounds shall use only the established avenues, walkways,
and roads and are forbidden to trespass on Cemetery plots.
9.3 Children under 16 years of age shall not be permitted within the Cemetery or its
buildings, unless accompanied by an adult.
9.4 No person may consume alcoholic beverages within the Cemetery or carry the same
into the premises except as part of a funeral service.
9.5 No person shall throw rubbish or debris on walks, drives, or airy part of the Cemetery
C)
9.6 Pets of any kind are strictly forbidden in the Cemetery.
10. Cemetery Records.
To the extent permitted by the records available to the City, the Administrator shall keep a
record of every owner and designee for each cemetery plot and crurration niche, as provided
in 3 61 -6 of the Code of Ordinances.
10
EXHIBIT "B" (2 pages)
Schedule of Product and Service Fees
Table 7. LA
Produ o r Ser
Purchase Cem etery Plot
Reserve Columbarium Nich
Per mit to Install Monumen _
Tran bur right to another person_
Record a burial right or niche reservation with Orange
County R ecords
Table 7.1.B
Non - resident
Resident
P
Price
_
$1,200
- --
$800
--
$ 1,500 --
$1,0
—
$50
-
$50
-- $25
$15
$35
$35
_ Servic
Fee
Interment
Op en a Close Adult Grave
$890
$370
Open an Close Urn Vault _
_
$370
Ope an Close Infant Grave
Set -u for S with Interm
$ 230
Set -up f Se with Interment
D isinte r ment - - --
- - - - --
- ------------- - -
Open and Close Each Gr ave - -- - -- --
_ -- $89 -
- --
Han dling w One Cem etery
$325
H andli n g between Two Ce
$520
Ii uirnment
O pen and Close N iche
$3 60
Se -up Ior S ervice as Part of lnuuriment
— -- - - - - -- --
Set-up for Service w ithout Inurnm
$195
$ 230
$18
Engra Nic Do Fr ont
M odify Nich Inscr iption,----------
$2 60
A dditio n al Item
Extr Tent and 12 C hairs ( Set-up)
1 95
$ 260
Sur charge for L es s t han 24 Hours Notice
$170
$240
Surcharge for Se rvices alter 3:00 pin
Sur charge Im Sat Service
Surcha for Sunday S ervice
$500 _
Su rcharge for H Service - - -__
$675
Notes:
1. The Standard Set -up includes 15 Q. by 15 ft. tent, 12 chairs with covers, and
artificial turf cover of exposed soil.
2. There may be additional charges from the contractor for the cost of removing and
replacing monuments that encroach into the grave space.
3. The cost of opening and closing a grave in another cemetery is not included in the
price for disinterment; the actual cost will be set by the receiving cemetery.
ORDINANCE NO. 2012 -016
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA,
REPEALING AND RESTATING CHAPTER 61 OF THE
CODE OF ORDINANCES OF THE CITY OF OCOEE;
REPEALING CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 61 of the Code of Ordinances of the City of Ocoee
authorizes the City Commission of the City of Ocoee to manage and regulate the
operation of city cemeteries; and
WHEREAS, the City Commission desires to repeal and restate that Chapter to
provide greater oversight over Cemetery operations and to add provisions for
columbaria;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA:
SECTION 1. Authority. The City Commission of the City of Ocoee has the
authority to adopt this Ordinance pursuant to Chapter C -8 of the City Charter and
Chapter 61 of the Code of Ordinances of the City of Ocoee, Article VIII of the
Constitution of the State of Florida, and Chapters 166 and 497, Florida Statutes.
SECTION 2. Amendment of Chapter 61. Chapter 61 of the Code of
Ordinances of the City of Ocoee is hereby repealed and replaced in its entirety with the
following language:
§ 61 -1. Authority.
Chapter 61 — CEMETERIES
The use and care of the Cemetery are subject to the management and control of the Ocoee City
Commission through this Chapter of the Code of Ordinances of the City of Ocoee and the Ocoee
Cemetery Rules and Regulations. The City Commission reserves the right to make, amend, and repeal
such regulations and policies, as it deems appropriate. The City may, at any time, amend or waive any of
its Cemetery Rules and Regulations
1. As a municipal facility, the Cemetery is exempt from licensure under the provisions of Chapter
497, Florida Statutes. However, since the Cemetery exceeds five (5) acres in total area, the
mediation procedure authorized under § 497.269(3), Florida Statutes, is available to plot
owners and subscribers.
2. The City, in its ownership, management, and operation of the Cemetery, does not deny burial
space to any person because of race, creed, marital status, sex, national origin, color, or
religion. There are no specifically designated spaces for use by persons whose religious code
requires isolation.
3. Under the authority granted by § 497.273, Florida Statutes, the City is the exclusive provider of
services related to the interment, entombment, or inurnment of human remains, including the
exclusive right to open, prepare for interment or inurnment, and close all ground, mausoleum,
and urn burials. The City is also the exclusive provider of initial preneed and at -need sale of
interment, inurnment, and all other burial rights within the Cemetery, and may establish
minimum standards for burial merchandise or the installation thereof.
§ 61 -2. - Management, operation and maintenance.
The Commission, through the City Manager and his designees, shall manage, operate, and maintain the
municipal cemetery subject to any limitations and restrictions set forth herein or contained in applicable
law and subject to any future regulations that the Commission may impose.
§ 61 -3. - Establishment of rules and regulations.
The Commission shall establish, and adopt by resolution, the rules and regulations for the use of the
cemetery relating to:
A. Subdividing the cemetery into burial and inurnment plots and providing columbarium
structures for the storage of cremated remains.
B. The capacity of each plot and niche.
C. The location and specifications of grave spaces, monuments, borders, and other elements of
a burial site.
D. The specification, provision, operation, marking, and maintenance of niches for the storage of
cremated remains.
E. The price of burial and inurnment plots and columbarium niches.
F. Maintenance of the cemetery and all matters relating to its upkeep.
G. The conduct of persons on said cemetery premises for any purpose whatsoever.
H. The rights of plot owners to transfer ownership to another party and to designate the persons
with the right to use a plot.
I. The rights of columbarium niche subscribers to transfer a subscription to another party and to
designate the person with the right to use a niche.
J. Hours of Operation
K. Monuments
§ 61 -4. - Superintendent; appointment and removal.
The City Manager shall appoint a Superintendent of the municipal cemetery. The Superintendent shall be
subject to removal at any time by the City Manager. The City Manager may choose to act as the
Superintendent of the cemetery and not appoint a second individual.
§ 61 -5. - Powers and duties of Superintendent.
A. Direction of cemetery. The Superintendent shall look after and take proper care of the
cemetery and see that no plot therein is used or occupied in violation of this chapter or of any
rule or regulation promulgated by the Commission.
B. Supervision of interment. The Superintendent shall see that all graves are properly dug and
that the human remains are properly interred therein in accordance with the rules and regulations
adopted by the Commission.
C. Supervision of inurnment. The Superintendent shall see that all columbarium niches are
properly opened and closed and that cremated remains are properly placed within the appropriate
niche in accordance with the rules and regulations adopted by the Commission.
D. The Superintendent or his designated representative must mark the location for any interment,
inurnment, or monument within a plot following the identification of the appropriate grave space or
inurnment site by the Administrator and the payment of any required fees. Following the interment
or inurnment of a deceased person, or the installation of a monument, the Superintendent shall
confirm that the action occurred in the appropriate location and in accordance with any permit
issued and these Rules and Regulations. Any noted issues shall be promptly reported to the
Administrator, who shall notify the decedent's authorized representative in writing via certified mail
regarding the nature of the issue(s), the time allowed for correction, and other pertinent information.
E. Maintenance of order. The Superintendent shall see that order is maintained at all times on
the cemetery grounds, that all workmen are properly supervised, and that any persons who violate
any of the rules and regulations of the chapter or any other rules or regulations of the city shall be
expelled immediately from the cemetery premises.
§ 61 -6. — Administrator; appointment and removal.
The City Manager shall appoint an Administrator of the municipal cemetery. The Administrator shall be
subject to removal at any time by the City Manager. The City Manager may choose to act as the
Administrator of the cemetery and not appoint a second individual.
§ 61 -7. - Powers and duties of Administrator.
A. Cemetery records. The Administrator shall ensure the accuracy and integrity of the cemetery
records and see that no plot therein is used or occupied in violation of this chapter or of any
rule or regulation promulgated by the Commission. The Administrator is responsible for:
1. General: recording the purchasers of grave spaces, the subscribers of columbarium niches,
the persons legally authorized by owners and subscribers to represent their interests, and the
persons who have been assigned burial and inurnment rights by owners and subscribers.
2. Burial and Inurnment Plots: the maintenance of detailed records for the burial capacity of
each plot, sold and unsold; the location of each grave; the names of the persons interred or
inurned in each grave space; and the date of interment or inurnment.
3. Niches; the inurnment capacity of each niche, subscribed and unsubscribed; the location of
each niche; the names of each person for whom a niche subscription has been designated;
the names of the persons inurned in each niche; and the date of inurnment
B. Determination of burial and inurnment rights. The Administrator shall see that all burial and
inurement rights are properly identified in accordance with the rules and regulations adopted by the
Commission. The Administrator is responsible for properly identifying owners of plots, designations
of grave space usage, subscribers to columbarium niches, and legally authorized representatives
and addressing other matters pertaining to the identification of persons with burial and inurnment
rights and the grave spaces and /or niches to which those rights apply.
C. Reporting. The Administrator has the responsibility to make reports and meet any other
requirements of State law, this Code, and applicable rules and regulations governing the property
and operation of the cemetery.
§ 61 -8. — Cemetery plots; ownership; title; records.
A. The ownership interest in a cemetery plot is in fee simple and provides the right to use a plot
designated in the cemetery deed for cemetery purposes only, together with the right and privilege of
interment or inurnment of human remains, provided that such use shall be subject to the provisions
of this chapter of the Code of Ordinances of the City of Ocoee and any and all ordinances,
resolutions, and regulations currently in effect and which may from time to time be adopted by the
Commission with respect to cemetery plots. Title to a cemetery plot may be evidenced by a
cemetery deed or by such other documents as may be acceptable to the Administrator. The grantee
under such evidence shall be deemed to be the "plot owner," unless otherwise indicated by the
records of the City. The title to a cemetery plot vests in the owner(s) the right to use said plot for
burial purposes only for themselves, their heirs, or for any such person they may choose to
designate; provided that, in the event that a person other than the plot owner is designated to be
buried or inurned in the cemetery plot, the plot owner shall not receive any payment or other
compensation in connection with the designation of the cemetery plot for the use of such other
person. Designation of burial rights from a plot owner, in writing, must accompany all requests for
permits to inter or inure deceased persons who are not members of the immediate family of the plot
owner, and such designation shall comply with all ordinances, resolutions, and regulations of the
City and the State of Florida.
B. An easement is granted by the City to plot owners to access their plot(s) via the common area
owned by the City. An easement is granted to the City by the plot owner for the City to access the
plot and to perform those services necessary for the management and operation of the cemetery.
The City reserves the perpetual right of ingress and egress over all plots, and the City reserves the
right to change, modify, or replat any part of the cemetery not sold for burial purposes or which has
been subsequently abandoned by the private owner and ownership transferred to the City. The City
has the right, but not the duty, to repair or maintain any plot and to increase the size of any plot
already sold for burial purposes to conform with current lot size requirements so long as no charge
to the owner is made for such increased size and the enlargement does not infringe on any burial
plot owned by another private party.
C. To the extent permitted by law, all plots are exempt from taxation and cannot be seized for
debts, nor can they be mortgaged.
D. Cemetery plots may not be sold or transferred to a third party but may be returned to the City
for the original price paid. It is incumbent upon the owner of the plot to establish the price paid. If
the price cannot be established by the owner, then the Administrator may establish a price for the
purposes of returning the plot to the City based on historical research for sale prices of lots in the
same area or time frame.
E. Documentation of current ownership will be required for all transfers or for all designations and
authorizations of interment, inurnment, and other burial rights. Such documentation is the
responsibility of the owner(s) or such person who seeks to establish burial rights. The absence of
appropriate documentation will prevent the sale, transfer, authorization, or recognition of
interment/inurnment rights. The City will make no assumptions as to the intent of the original owner.
4
F. The use of any portion of an interment or inurnment space will preclude a subsequent return
of a plot to the City. The term "use" includes interments, inurnments, and /or the installation of a
memorial.
G. The Commission shall cause the City Manager or his designated Administrator to keep full and
complete records of the ownership of all plots in the cemetery as provided in section 61 -7A; t.
However, the Commission recognizes that the cemetery was acquired after numerous plots had
already been sold by previous owners of the facility and records at the time of acquisition were
incomplete.
H. Under the terms of § 497.286, Florida Statutes, as may be amended from time to time, owners
of burial plots are required to furnish the City with their residential address. A plot owner shall be
found to have abandoned ownership of all unused plots if the City is unable to contact the owner by
mail for a period of five (5) or more years. Abandonment proceedings may be instituted by the City
in the absence of timely notification of address by the plot owner to the City. The City shall retain the
right, but not the obligation, to seek authority from a court of competent jurisdiction to quiet the title
of any plot for which ownership is in question or for those plots deemed to have been abandoned
under the provisions of § 497.286, Florida Statutes.
I. Designation of use for each burial plot shall be made by the owner at the time of purchase for
purchases made on or after September 30, 2012. Designations may be changed at a later date by
filing the appropriate forms with the Cemetery Administrator.
J. Ownership of a plot or other burial right by a private party does not impose an obligation on
the part of the City to maintain any grave site.
§ 61 -9. — Columbarium niches; subscriptions; right of use; records.
A. Columbarium niches are acquired by subscription for the perpetual storage of a designated
person's cremated remains. A niche subscription in a columbarium does not confer any ownership
rights to the columbarium or the niche that is the subject of the subscription; the City remains the
owner of each columbarium and each niche contained therein. A niche subscription grants the
subscriber the perpetual right to use said niche for inurnment purposes only for themselves, their
heirs, or for any such person they may choose to designate; provided that, in the event that a person
other than the subscriber is designated to be inurned in the niche, the subscriber shall not receive
any payment or other compensation in connection with the designation of the niche for the use of
such other person. Designation of inurnment rights from a subscriber, in writing, must accompany all
requests for permits to inurn the cremated remains of a deceased person who is not a member of
the immediate family of the subscriber, and such designation shall comply with all ordinances,
resolutions, and regulations of the City and the State of Florida.
B. An easement is granted by the City to subscribers to access their niche(s) via the common
area owned by the City.
C. To the extent permitted by law, all niche subscriptions are exempt from taxation and cannot be
seized for debts, nor can they be mortgaged.
D. Niche subscriptions may not be sold or transferred to a third party but may be cancelled and a
portion of the subscription fee returned to the subscriber subject to the rules and regulations of the
City.
E. Documentation of the subscription will be required for all subscription cancellations inurnment
designations, and authorizations of inurnment. Such documentation is the responsibility of the
subscriber or such person who seeks to establish inurnment rights. The absence of appropriate
documentation will prevent the cancellation, designation, authorization, or recognition of inurnment
rights. The City will make no assumptions as to the intent of the original subscriber.
F. The Commission shall cause the City Manager and /or his designate Administrator to keep full
and complete records of: subscribers to niches in the cemetery as provided in section 61 -7A.
G. Under the terms of § 497.286, Florida Statutes, as may be amended from time to time,
subscribers of inurnment niches are required to furnish the City with their residential address
Correspondence mailed by the City to the subscriber at his or her last known address will be
deemed received by the owner seven (7) days after the correspondence is sent. Should such a
notice be returned due to the relocation of the subscriber or is otherwise undeliverable, the
reservation shall be considered to be terminated after five (5) years during which the subscriber fails
to timely provide a new mailing address to the Administrator. . Abandonment proceedings may be
instituted by the City in the absence of timely notification of address by the subscriber to the City. No
refund of any paid fees will be provided should a reservation be canceled in the manner herein
described.
H. Designation of use for each niche shall be made by the subscriber at the time subscription is
made. Designations may be changed at a later date by filing the appropriate forms with the cemetery
Administrator.
§ 61 -10. — Penalties for offenses.
Any person violating any provision of this chapter and its implementing rules and regulation shall, upon
conviction, be punishable as provided in § 1 -12 of Chapter 1, General Provisions, Article Il, of the Code of
the City of Ocoee. Each day that such violation is committed or permitted to continue shall constitute a
separate offense.
§ 61 -10. — City cemetery.
The city cemetery is the facility located at 368 East Geneva Street, Orange County Parcel No. 20- 22 -28-
6141 -01 -000, consisting of 6.68 acres, more or less, which shall serve as the municipal cemetery of the
City. Unless otherwise noted, all rules and regulations adopted by the Commission governing the
operation and maintenance of cemeteries apply to the city cemetery. This cemetery is not a perpetual
care facility.
§ 61 -12 — Exemptions and modifications.
Special cases may arise in which the literal enforcement of any rule may impose unnecessary hardship.
The City Commission, therefore, reserves the right, without notice, to make exceptions, suspensions, or
modifications when, in its judgment, they appear advisable and temporary exceptions, suspensions, or
modifications shall in no way be construed as affecting the general application of this chapter.
SECTION 3. Conflicts. All resolutions, parts of resolution, or acts of the City
Commission of the City of Ocoee in conflict herewith are hereby repealed and
rescinded.
SECTION 4. Severability. If any section, subsection, sentence, clause, phrase,
or portion of this Resolution is, for any reason, held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct, and
6
independent provision and such holding shall not affect the validity of the remaining
portion hereto.
SECTION 5. Effective Date.
immediately upon passage and adoption
This Resolution shall become effective
PASSED AND ADOPTED this _��)
day of `� ,� ,�,ti�_- r� , 2012.
ATTEST:
Be Eikenberry, City Clerk
APPROVED:
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 I_ DAY OF
�1: , 2012.
APPROVED BY THE OCOEE CITY
COMMISSION AT A MEETING HELD
ON 1E , 2012
UNDER AGENDA ITEM NO. 19 .
SHUFFIELD & LOWMAN & WILSON, P.A.
By
City, rn
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 13OWFISHING 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. Chanter 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. Chanter 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. Chanter 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 1 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 J day of (Y )(' `h , 20A3.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA
`�$et i kenberry, ity Clerk
(SEAL)
C -
S. Scott Vandergrift, Mayor
ADVERTISED i . I t >- , 20 1 �
READ FIRST TIME 9, 203
READ SECOND TIME AND ADOPTED
�`CtrC'_ ►� 5 20
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this5T Nf'�
day of �' -4' 201%
SHUFFIELD, LOWMAN & WILSON
L
By:
C ty rney
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 fo offenses Enforcement.
Any peFS611 ViOlatin',' any provision of this Ar-tiele shall, upon eonvietion, be punishable a-s
provided in § 1 12 oj'Chaptef 1, General Wovisions, Aftiele 11, of the Code of the City of Ocoee,
The Police Department shall ha ve the rima-ry_ for enforc of this chaff
Notwithstandin - any o ther provisi of this Chant -to th co any City_ of Ocoee police
officer or any other pc r aut b the Chie of Polic enfor - the provisions
contained in this Article and issue a_Notice of V for the violations of_ any _ of the
provi sions - of this Article.
Section 48-34. - Violations.
Any t�erson violatin an provision of this Chap -s hall be subj to the _requirements of
Qhapte 16 of the Code related t Violations, , N otices ofd Viol fines- and
Procedures and I Iearings to c ontest a Notice of Violation.
EXHIBIT "B"
CHAPTER 61 - CEMETERIES is hereby amended as follows:
Note: Strikethroughs are deletions; double underlines are additions
§ 61 -10 P ena lties cc Violations
Any person violating any provision of this chapter and its implementing rules and regulation
commits a Violat and shall, be subject to the requirements as
provided in § 1 1-2 o Chapter 4-16, r ' Pfovisions, AAiele 1 1 Vi olations , of the Code of
Ordinances of the City of Ocoee n cludin Nottc Violat Fines an Procedures, and
_He � to_ a Notic of Violation Each day that such violation is committed or
permitted to continue shall constitute a separate offenseViolation
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 Police Violations Hearing Board established
pursuant to Seetion 1 69 Q Chapter 16
B. Motor _ - Veh means anv self } led vehic no opera up on _r or
gu_i_deway . but does not include bicycles car el ectric personal assistive mobility devices. Such
- - — --
definition shall i but not limited to auto vans, t ruck s _ motor cy cles, motor
scoot dune buggies. sn owmobil es al terrain vehicles, go -carts mini- bikes. and trail bikes.
C. Notice qf b ?fi - efe� i aii V 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. 117olalor means the person receiving a Notice of in r-aetion Violation for a
violation of this chapter.
111-9. - Notice of in '--netions. Violations.
A ny peyso nviolati ng , any provision of this_C t er shall be su ed to the rectuireme- of
Chapter _1. of the Co dc, relat t Viola includin T_ No tices of Violations. Fines and
P a nd Hearings to contes a Notice of Violati
SS ��us�. u�0• ��a•:• i�a�rr= a• u�w����yw�► ��•a�Gwi�i�ae���i0�w�ii��i•>_w •�iuwuw
•syU Hu•000. 11 iuw..zu. wsisa.aww
�Q��o�w.•i.aa�w��ru•a�'s ••
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C c�nc prc�c� - iiii i ii v�r'3ii � "rc�i�ut rcTrr - im - c TrZnv
��it<� -u9 0... ��:.�. uu:.�.�.. u: r•�R. ro � o.a•-:� o.v ►v.
.e
--Tay the assessed eivil penalty pur to insti an the notiee of
fi+ ,.t;
(2) . o °Lit an appea ptifsti _!he p set fiat-+h i th n c
nli r�, fC[e[iIfr
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.... ......... . I . . .....
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G. For-mal the
heating
r-tiles of evidenee shall not apply at
on the appeal
and an)
basis the Heafing Boat-d's deeision is
iri-elevant
sole upon whieh made.
and unduly
fepetitious
a nd substantive ,d„o process i afforded th Violat
§ 113 12.
A this be deemed
44-
violation of chaptet- shall a non ei-nninal violation
be The be
whieh
$150.00 for- the fifst
a civil penalty
shall assessed. amotint of such civil penalty shall
$250 for- twelve ftem
the last
offense and
Each day
each subsequent offense within (12) months
Notwithstanding
offense.
the
an)
violation shall eon6flue shall eonstitute a sepai'ate offense.
City C-ofluntsiston fi-om time to finie, by
the the
b,
may, resolufion, eliange
t„ be a ssess ed , n d e t. this e hnt,tor .
§ 112 13 Administrative mi s t....., Cha rg e
in to imposed to Section 113
amount of
11, if the Heafing
eivil penalty
Boafd denies
addition any eivil penalty puFstiant
flie for
in the
an appeal, violatof shall also r-esponsible payment of administfative
of the City's nnt.,nl c of the a ppe al ,
ehafges
anioutit
EXHIBIT "D"
•
EXHIBIT "D"
CHAPTER 1.53, STREETS AND SIDEWALKS, ARTICLE III — Golfearts, 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 Police inf r - a ^^ Viola Hearing Board
established pursuant to Section 168 -8 of this Code.
§153 -23. — V iolations and penalti ENFORCEMENT
A. The City of Ocoee Police Department shall enfaree *h e provisions, of ihis affiel
h ave the primary res - o for- enf orcem en t of t his ch Notwithst � any other
- --
-rovision_ of th chanter to the c ontra ry any City of O polic offi ces or a ny - other per
auithod-z by the Chief o f Polic ma y enf orce tl c�ro contain i n t his chi tp cr a issue a
- — - -- -
not of inf raction for the v iolatio ns of an of throv_i o t his cha pter.
A I M . I
•
•• •�
• .
asse ;
Of
MW ff
§1.53 -24. - APPEALS TO HEARING . Violations.
A nv person violatin an provis of th Che sh be s ubi ec i t to therequirements_ of
Chapter l 6 of the _ Code related to Violations inclu Notices o Violations. Fin and
Proced and H to contest a Not of Violati
m om Mm"M M� W 1, 11 mr a = 7 z; -- z a W, r,
11111@11—As A
.:.
EXHIBIT "F,"
CHAPTER 164 - REGISTRATION, MAINTENANCE, AND SECURITY OF
A13ANDONED REAL PROPERTY, is hereby amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
§ 164 -4. - Penalties; sehedule o f eivil alti °Violations
A person or entity that violates a provision of this Chapter, or who fails to perform an act
required by this Chapter, commits an sea V iola tion . A person or entity commits a separate
oeViolation each day or portions of a day during which the violation is committed,
permitted or continued. The
to be established by the 'City Commission by Resolution E)r- as pfevided foi in the applieable
section of tli C An verso violati anv t�rovisi of th Chanter shal _ be subiect to
the requirements of Chapter 16 o f th Code relat to Violations, includinNotices of
Viola Fines and Procedures. an H to c ont es t a Notice of V
EXHIBIT "F"
CHAPTER 168 - VEHICLES AND 'TRAFFIC, ARTICLE I – General Provisions, is hereby
amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
§ 168 -2. Fees. °malt.- ° . Pr -eed*f VIOLATIONS.
p ersc�n_ v io] atit and' _p rovision of t his C'haer shall be suh th re cif
C hapt er ] 6 of the Code r t _Vi ol at ions } _ includ — Not of Vlol4ojns, Fin es and
Pro H to_c a Noti of Viol ation.
eennee w ith the f)n f1 f any previ sion of this Section (e a -p ola4;
Of " » A ' tide only) shall eaFry a fin i the arnou
o f f •t„ ($40) dolla,•s for eaeli b as, said line pa
f (1 t) eale.,da.•dayls.
1 A 't, t' i ssu ed F r , „•l-;., -st anding i a ai ssp design l f.,.• H,,,,d; e
Di 4he pe rmit shall carry a the a .,t "f Vo
1 d •,d a nd fifty ($25 ._ J' ea ch infraetion a s 1,,,,,. � fit3f' 1`s , .�th i
f,,,,,•tee (1 d) ealenrit aFAays:
shall C. Any F --'ving a parking eitattaii
date of i`.> — of the i t crtatton , do one - A the — fo llowing: ay th 1 1 y
— [ir�r'vil iizrlc
„test the tine of v i olation b,.
._ TfI�
pfesef.. - on the cc _ n te s , <Zll - Lti I� he AfT:da.,;t° attael,ed th eit.,tio a nd deli the
leted Contesting Affidavit 4toget'neir d T, i n th e amour of to a„nn
'hief of , his of stich e pef9on that may he de
on the e itati oii. Th fi ling- . ltliitit b�e • r efu n dabl e un tl Chief of Poli h is
designee detf - a- pat ktvv#� r id n pFov ided i n Seetioti7
-P-o T 4;•„et;.,., Hearing i3 d d e t erm i ne s that t he parkin
violation di of oeeur. e „lt„ e ,•:bed � she
'n - tttt
cit ation deliver - the Cori! s ting - � 4 � r 44d,r as set f th h ere i n :th;,, fo ftee„ (1 4)
e-alendaF-days -4'toli - -t#e- of issuanee of th e itati on shall i netir a del;ngUe „t -Of
fift (el o a,d d t o d 1,;s /he ,.ht tom, .,teat the ,;t...,f
_ ) dollars Ill- lll
a a,v <
ant t th;r , ph shall l
deeiiied io have Nvaived his/her- fight to pay the civil penalty prescribed on the ciiation and
ed by th e Ocoee Police
b Board- pursuant to Seetion 168 8 of this Chapter,
— n Tee °cif zr C .,te fi Affidavit _th o P o li ce . designe lll e - �li�el - f n t„Tc' =- h._ vle�
suc a ff i d av it T naa a d t , . t t - w h ,tom ba on th e vidence „ted
on the C „test;. t 1-; infraction b •ted 11' the Chief of e
L--a - �fl3�a�} , „� , i c.ii� v';,e}1 e6-riirii-ic[c
MORH
.. •.
• l Y l t; fin e o l i et-t - ed - pun stta, too- t l c , th b a L d F n
T - c
1 - - --Fi i �- -pe}effit °
General Fund maintained "Y�"�
2. The Ternaining 0 via l a ti on sh b diyi,d� l a�
f6l16ws:
Five ($5) dollars ofeacli-+raffie paid shall ],, 111. "e t' t 7 i n t o S c h oo l
Crossing Guai Fund and
zr : re - 4-E} - -43e- �
Department F a T - f• t .,.,unt.
` eee �iiyn'[cTit - ci ii v 1 fffifldng,
vio d i ssue Fecei th ere f ore. T Ocoee
f:nain a r eeord of sue ; I .�0 ^1 cYtitt 1 l �rrccrc - d ail = �epl Rit'S
I-101jeeted and deposited in ihe City's }, ",�zmi�t c'r - 4he -- T n ee
2— I� veiij je a t � t i on - i - 'ras b een
a ffi xe d th e t
days of the date offlie notiee, a filleen ($15) dollar delinquen! fee per- violation
was i iie shall be
accessed. Notiee of the par-kin z�tlEl +l crr�in r ii rrc t� �•1, th ;
h' o f th ve C, eh no shall a ireec -f ul - w -
3. - ('.itaiien -s-not -paid ll .t w gee —
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.
S. 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 citati
a No tice of Violatio 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 *at-iem—a Notice o f 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"' Street, South Lakewood Avenue and Fast 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 4-41 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
-2-448-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 ci Notice of Vio as provided in § 168 -513 of
this Article, for the violation of any of the foregoing provisions with respect to such
vehicle and such 4a4en-Notice of Vi ola ti on 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
Mi ens a Notice of Violat 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 ^: �s Not ice o f Viol 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 citation _N otice of
Vi olation with the fine levie d in accordance with the provisions of this Abele �
�rrrsi rrc�civ of Cha to
1 6 o t he Code
D. Parking eitati notice ^r violations may only be contested in accordance with the
requirements and procedures set forth in S ec ti on 1 2 o this Ch a fA Chapter 1 6 of t he
Code.
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.
13. Conformance required; exceptions.
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- ltons.
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 Community Development D Pol shall have the primary
responsibility for the enforcement of this Section upon all privately owned property
within all residential zoned districts.
W7.- of the Flori Uniform Dis o of T_raft c Iniract
I'he F lori da U niform _ I)is�ositon of 7iafiic, _Infractions Act, C 318 ,Florida
-- - - —
St atut es, is am an d supple is he a