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HomeMy WebLinkAboutOrdinance 97-13 ORDINANCE NO. 97-13 '-" AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO PARKS AND RECREATION AREAS; AMENDING CHAPTER 124 OF THE OCOEE CITY CODE WITH RESPECT TO HOURS DURING WHICH RECREATIONAL PROPERTY IS OPEN TO THE PUBLIC AND THE TEMPORARY CLOSING OF RECREATIONAL PROPERTY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOVVS: SECTION 1. The City Commission of the City of Ocoee has the authority to adopt this Ordinance pursuant to Article VITI of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Chapter 124 of the Code of Ordinances of the City of Ocoee, Florida, is hereby amended to read as follows: CHAPTER 124 PARKS AND RECREATION AREAS H24-1. DEFINITIONS. As used in this chapter, the following terms shall have the meanings indicated: '-' RECREATIONAL PROPERTY - Any property which is owned, managed or operated by the city which has as its primary function the providing of recreational facilities or facilities for social gatherings or occasions to the public. The term "recreational property" shall include, but not be limited to, parks, swimming facilities, baseball or football fields, basketball courts, tennis courts, youth centers and other such property which is owned, operated or managed by the city. H24-2. HOURS. A. Recreational property shall be open to the public from 9:00 a.m. l:H'ltil 11:00 p.m. OR tee follo,::ing days of the '.'leek: S\:uiday, Moftday, Tliesday, V/eaResday, TRlirsday, Friaay ai.'i€l Satl:lf€lay during such times as may from time-to-time be established by the city commission. Each recreational property shall be posted with a sign setting forth the times during which the recreational propertY is open to the public. B. SlieR reereatioftal property sftall remaiR elosea KJ tee pliblie ffi:1riag all other Rours. Youth centers or other buildings to which this section applies shall not be required to be physically open during the hours set forth above but shall be available for use by persons or groups authorized by the Commission, the Manager or his delegate. H24-3. ENTERING PROHIBITED VVHEN CLOSED. No person shall enter, remain or congregate upon any recreational property, as defmed, except during those hours which said property is open to the public. H24-4. EXCEPTIONS. Notwithstanding the provisions of ~124-2, recreational property may be utilized after the hours of operation speeifiea established by the city commission for the following purposes: A. Completion of regularly scheduled athletic events which have commenced prior to the hour of closing of the recreational property. B. Authorized maintenance or repair activities on recreational property. C. Regularly scheduled civic or social events at youth centers or other similar property, provided that prior permission is obtained, in writing, from the Manager or his delegate. D. Other such events or activities, provided that prior permission, in writing, is obtained from the Manager or his delegate. ~124-5. SVVIMMING AND BATHING PROHIBITED DURING CERTAIN HOURS. Bathing or swimming in any lake within the limits of the city is hereby prohibited between the hours of 9:00 p.m. and 7:00 a.m. ~124-6. TEMPORARY CLOSING OF RECREATIONAL PROPERTY. The city commission may authorize the temporary closing of recreational propertv. Any recreational property which is temporarily closed shall be posted so as to advise all persons of such temporary closing. The citv commission may further authorize that any such temporarily closed recreational property be posted with "no trespassing" signs complving with the provisions of Chapter 810. Florida Statutes. 2 11246. U24-7. PENALTIES FOR OFFENSES. Any person violating any provision of this chapter shall, upon conviction, be punishable as provided in ~1-12 of Chapter 1, General Provisions, Article II, of the Code of the City of '--' Ocoee. Further. any person entering upon recreational propertY which is temporarily closed and which has been posted as provided in ~ 124-6 shall have committed the offense of trespass on propertY other than a structure or conveyance. (Deletions are noted by strike-through and additions are noted by underlining.) SECTION 3. 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 4. 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 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. '-' 3 '-" PASSED AND ADOPTED this f 7fictay of J U AJ ~ ,1997. ATTEST: APPROVED: CITY OF OCOEE, FLORIDA $S;~~ S. Scott Vandergrift, yor (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO ~ AND LEGALITY this -1L day of . , 1997 ADVERTISED June 5,1997 READ FIRST TIME June 3, 1997 READ SECOND TIME AND ADOPTED .:J tJ IV c I 7 . 1997 UNDER AGENDA ITEM NO. 1/ A FOLEY ~NER By: ~/ J) MdJJ City Attorney ~ 4