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HomeMy WebLinkAboutItem #09 First Reading of Ordinance Relating to Establishing Requirements for Emergency Access to Gated Communities Including Existing Gated CommunitiesW` '' 0('() (>(> ilorida AGENDA ITEM COVER SHEET Meeting Date: June 16, 2015 Item # q Reviewed By: Contact Name: Lt. William Wagner,&) Department Director: Chief Contact Number: 407 - 905 -3160 ext. 3319 City Manager: Robi Subject: Amendment to Article 1, Chapter 153 of the City of Ocoee Code, relating to access provisions to gated communities. Background Summary: The City of Ocoee desires to ensure the safety of the citizens and provided the most expedient and effective response to emergencies and calls for service in gated communities. This ordinance change is proposed to ensure that new subdivisions and those with existing emergency vehicle access system shall have those systems updated, modified, or replaced in light of changes in technology, policy, or change in equipment used by the police department or fire department for gated subdivision entry. Issue: Should the Honorable Mayor and Board of City Commissions adopt the proposed changes to Chapter 153 of the Code of Ordinances providing for Access Provisions to Gated Subdivision? Recommendations It is the recommendation of staff that the Honorable Mayor and Board of City Commissioners adopt the changes to Chapter 153 of the Code of Ordinances. Attachments: Ordinance 153 with proposed changes. Financial Impact: Please type here... Type of Item: (please mark with an 'x') Public Hearing X Ordinance First Reading Ordinance Second Reading _ Resolution Commission Approval Discussion & Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution For Clerk's Dept Use: Consent Agenda Public Hearing Regular Agenda Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by () N/A ORDINANCE NO. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ARTICLE I, CHAPTER 153 OF THE CITY OF OCOEE CODE, RELATING TO ESTABLISHING REQUIREMENTS FOR EMERGENCY ACCESS TO GATED COMMUNITIES INCLUDING EXISTING GATED COMMUNITIES; 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 Article I, Chapter 153 of the City of Ocoee Code, to establish requirements for emergency vehicle access to gated communities including existing gated communities. 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 I, Chapter 153. Article I, Chapter 153, relating to streets and sidewalks, right of way utilization permitting, is hereby amended as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. 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 Fire Marshall, 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 ATTEST: Beth Eikenberry, City Clerk (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, P.A. City Attorney 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. EXHIBIT "A" Section 153 -1 of the City of Ocoee Code, is strikethroughs showing deletions and underlines Section 153 -5.7 is hereby added to read as follows; Section 153 -1. Purpose and Intent. hereby amended as follows with showing new language, and a new The purpose of this Article is to provide standards and procedures for permitting the use of public streets, rights -of -way and easements in order to achieve the following: A. Preserve the function of each public road, street, highway, right -of -way and easement. B. Provide for smooth, logical traffic flow patterns. C. Reduce traffic conflicts and confusion. D. Allow for the application of safe geometric design principles. E. Provide for bicycle and pedestrian safety. F. Provide for future modification and expansion. G. Provide for environmental compatibility. H. Provide for adequate utility service. I. Provide for Public Safety. Section 153 -5.7. Emergency access provisions for gated subdivision. (a) A gated subdivision or gated community is defined to mean a residential subdivision in which the subdivision infrastructure may be located on privately controlled easements or tracts, and not public rights -of -way. (b) Administration; delegation. The City of Ocoee Fire Marshall shall be the administrative official for the provisions of this section. Whenever a provision appears requiring the Fire Marshall to do some act or perform some duty, it is to be construed to authorize the Fire Marshall or designee to perform the required act or duty. (c) Emergency vehicle access. 1. Unless otherwise provided herein, entryway gates, or other restricted access gates, allowing restricted access from the public right -of -way to a gated subdivision or gated community, shall, before such gates may be closed, be equipped with an emergency vehicle access system the technology of which shall be designated by resolution of the City Commission Until such time as a gated community's emeraencv vehicle access system has been inspected approved and deemed compliant with the provisions of this ordinance by the Fire Marshall the gate shall remain open. 2. In all cases, after initial approval is obtained from the Fire Marshall said emeraencv vehicle access system may be inspected from time to time but will be inspected no less than annually, to ensure that the emergency vehicle access system is acceptable and in good working condition. 3. Notwithstanding anything herein to the contrary, the City may require by resolution, an existing emergency vehicle access system to be updated modified or replaced in order to remain operational following changes in technology, olicy, or equipment used by the City's public safety personnel In the event the existing emergency vehicle access system must be updated modified repaired or replaced such change shall be made within the time specified in the resolution If necessary for the public health, safety, and welfare the Fire Marshall may require such gates to remain in an open position until such time as the changes are fully effectuated and approved by the Fire Marshall. 4. Any request for an exemption to this section shall be placed in writing and delivered to the Fire Marshall. The decision of the Fire Marshall shall be in writing and shall be final, provided, however, that any such decision by the Fire Marshall may be appealed within 30 days to the Minimum Standard Code Appeals Board established at section 108 -13 of the City of Ocoee Code of Ordinances (d) Emergency vehicle access for existing gated communities Gated communities existinq within the City limits as of the effective date of this ordinance shall comply with the provisions of subparagraph c above within one year from the date of adoption of this ordinance. Any request for an exemption shall be placed in writing and delivered to the Fire Marshall. Following installation of the new technology, a communitV emergency vehicle access system must be inspected, approved, and deemed compliant with the provisions of this ordinance by the Fire Marshall (e) Emergency vehicle access for gated communities subsequently annexed into the City. Gated communities annexed into the City after the effective date of this ordinance shall comply with the provisions of subparagraph (c) above prior to the effective date of the annexation ordinance.