HomeMy WebLinkAbout2015-012 Emergency Access to Gated CommunitiesORDINANCE NO. 2015 -012
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. Authoritv. 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. Severabilitv. 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 Chief shall, 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 -As�ay of __3 ik\y , 20�
ATTEST:
11
7VE=ikenberry,Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this 2j!-day of �Lb,/ , 20f
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
city
APPROVED:
CITY OF OCOEE, FLORIDA
C556b- L -
S. Scott Vandergrift, ayor
ADVERTISED ,.{ cane A �- , 20f.
READ FIRST TIME Tu vV- I (a, 20J_
READ SECOND TIME AND ADOPTED
�tx. �_ ( , 20, j5-
UNDER AGENDA ITEM NO. �
EXHIBIT "A"
Section 153 -1 of the City of Ocoee Code, is hereby amended as follows with
strikethroughs showing deletions and underlines showing new language, and a new
Section 153 -5.7 is hereby added to read as follows:
Section 153 -1. Purpose and Intent.
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. Emerqencv access provisions for qated 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 riqhts -of -way.
(b) Administration; deleqation. The City of Ocoee Fire Chief shall be the
administrative official for the provisions of this section. Whenever a provision appears
reauirinq the Fire Chief to do some act or perform some dutv, it is to be construed to
authorize the Fire Chief or desiqnee to perform the required act or dutv.
(c) Emerqencv vehicle access.
1. Unless otherwise provided herein, entrvwav gates, or other restricted
access gates, allowinq restricted access from the public riqht -of -wav to a qated
subdivision or qated community, shall, before such qates may be closed, be