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HomeMy WebLinkAboutOrdinance 2001-03 ORDINANCE NO. 2001-03 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA RELATING TO ANIMAL CONTROL MATTERS; AMENDING SECTION 43-2 OF ARTICLE I OF CHAPTER 43 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE TO PROVIDE THAT THE CITY OF OCOEE ANIMAL CONTROL OFFICE WILL WORK IN CONJUNCTION WITH THE ORANGE COUNTY ANIMAL CONTROL SERVICE OFFICE TO PROVIDE FOR THE ANIMAL CONTROL ISSUES WITHIN THE CITY; PROVIDING THAT THE CITY SHALL RETAIN THE REVENUE RECEIVED FROM THE CITATIONS ISSUED BY THE CITY OF OCOEE'S ANIMAL CONTROL OFFICE WITHIN THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, on August 3, 1999, the City and Orange County, Florida entered into that certain Agreement for Animal Service Mutual Aid (the "Mutual Aid Agreement") whereby the City and County agreed to share responsibility for enforcement of Orange County Code Section 5- 32, regarding animal control, within the City; and WHEREAS, the City Commission of the City of Ocoee desires to amend Section 43-2 of Article I of Chapter 43 of the Code of Ordinances of the City of Ocoee to be consistent with the terms of the Mutual Aid Agreement. NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION 1. Authority. The City Commission of Ocoee has the authority to adopt this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. 006.176358.1 SECTION 2. Amendment to Section 43-2. Section 43-2 of Article I of Chapter 43 of the Code of Ordinances of the City of Ocoee, Florida is hereby amended as follows (with additions underlined and deletions stricken): ~ 43-2. Adoption of county provisions. The city hereby adopts and subjects itself to Article II of Chapter 5 of the Code of Ordinances of Orange County, Florida, as amended by the provisions of Ordinance Number 95-32 of Orange County, Florida, effective October 5, 1995 (the "Orange County Animal Services Ordinance"). The City Manager. or his designee, shall be responsible for coordinating. the animal control services within the City in accordance with this chapter, the Orange County Animal Services Ordinance and the terms of that certain Agreement for Animal Service Mutual Aid entered into on August 3, 1999 by and between the City and Orange County, Florida, as the same may from time to time be amended, relating to animal control services within the city. In the event of a conflict between the terms of the Orange County Animal Services Ordinance and the other provisions of this chapter, the terms of the Orattge Cm:UH)' .^..aimal Services Ordiaaace this chapter shall control. The city's Animal Control Office shall work in conjunction with the city hereby adopts the Orange County Animal Service Office to carry out the provisions of the Orange County Animal Services Ordinance and this chapter as iHe only animal control agency in autHority within the city. With the exception of a Five Dollar ($5.00) surcharge which shall be remitted to Orange County for each citation issued in which proceeds are collected, the City shall receive all proceeds resulting from citations issued within the City by the City's Animal Control Officer pursuant to this chapter. .^..ny item.s not specifically addressed iR this chapter shall fall l::1nder the ffiithority of the Oraage Cmmt)' l^..aimal SerT/ice Ordinance. 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. 006.176358.1 -2- 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. PASSED AND ADOPTED this d -1-day of .rAi.J{)~ APPROVED: , 2001. (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED ~J~~t;RM AND LEGALITY thisf1- day of\~ 1I., 2001. ::LE{:7f~ City Attorney ADVERTISED December 21, 2000 READ FIRST TIME December 19, 2000 READ SECOND TIME AND ADOPTED r ItllvMUI -2. ,2001 UNDER AGENDA ITEM NO. 7C. A 3 -- 006.176358.1 -3-