HomeMy WebLinkAboutOrdinance 2004-24
ORDINANCE NO. 2004-024
AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE,
FLORIDA IMPOSING A NO WAKE ZONE OVER ALL LAKES
AND WATERWAYS WITHIN THE CITY OF OCOEE FOR A
PERIOD OF TWENTY -EIGHT (28) DAYS FROM THE
EFFECTIVE DATE OF TIDS ORDINANCE; ESTABLISIDNG A
PENALTY FOR VIOLATION OF THE NO WAKE ZONE;
FINDING THE EXISTENCE OF AN EMERGENCY; PROVIDING
FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE.
WHEREAS, recent weather has caused a substantial rise in the water levels of the
lakes and waterways within the City of Ocoee; and
WHEREAS, these lakes and waterways have, and continue to, flood the surrounding
areas, causing damage to property and eroding shorelines; and
WHEREAS, wakes produced from boats, jet skis and other watercraft may cause
additional damage and erosion to these areas; and
WHEREAS, the City Commission of the City of Ocoee believes it is in the City's best
interests to declare all of the lakes and waterways within the City of Ocoee as "No Wake
Zones" for a period of twenty-eight (28) days.
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. No Wake Zone. The City hereby declares all of the lakes and
waterways within the City of Ocoee as "No Wake Zones" for a period of twenty-eight (28)
006.348658.2
days. During this twenty-eight (28) day period" no boat, jet ski or other watercraft may
create a wake on any part of any lake or waterway.
SECTION 3. Penalty. Any person who refuses to comply with or violates this
Ordinance shall be subject to the following fines:
First Violation:
For every violation thereafter:
Written Warning
$100.00
SECTION 4. Emergency Ordinance. Pursuant to Section 166.041(3)(b),
Florida Statutes, the City Commission of the City of Ocoee hereby finds that an emergency
situation exists due to the rise in water levels, the current and threatened flooding of
property, including roads and residential homes, and the erosion of the shorelines of the
lakes and waterways within the City.
SECTION 5. Severability. If any section, subsection, sentence, clause,
phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any
court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining portion
hereto.
SECTION 6. Conflicts. All ordinances or parts of ordinances III conflict
herewith be and the same are hereby repealed.
SECTION 7. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this ~ day of JJo~e~V, 2004.
006.348658.2
-2-
ATTEST:
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY ,1\
this ~ day of (VbJ~W-, 2004.
FOLEY & LARDNER LLP
By: ,~~ ~
City Attorney
006.348658.2
APPROVED:
CITY OF OCOEE, FLORIDA
-'L,' / j
d :.:fi't (/Q~~
S. Scott Vandergrift, Mayor
READ FIRST TIME AND ADOPTED
~tN . ~~ ,2004
UNDER AG A ITEM NO. # ~fI St~ff fcp.+s
-3-