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HomeMy WebLinkAbout2017-011 Fire Department Recognized as a Municipal Fire Department ORDINANCE NO. 2017-011 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING CHAPTER 78 OF THE CITY OF OCOEE CODE, RELATING TO THE OCOEE FIRE DEPARTMENT; RECOGNIZING IN CODE THE OCOEE FIRE DEPARTMENT AS A MUNICIPAL FIRE DEPARTMENT; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE. WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and Chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule authority, police power, land development and zoning authority, and governmental and proprietary powers necessary to conduct municipal government and perform municipal functions; and WHEREAS, the City may exercise any power for municipal purposes, except as expressly prohibited by law; and WHEREAS, under the City of Ocoee City Charter, Section C-8, the City of Ocoee has all governmental, proprietary, and corporate powers possible for a City under the Florida Constitution and laws of Florida and may provide police, fire, sanitary, and similar protection and services; and WHEREAS, the City of Ocoee City Charter at Section C-25 authorizes the City Commission to establish city departments, offices, or agencies and the functions of those agencies; and WHEREAS, the City of Ocoee Code of Ordinances recognizes the authority of the Fire Chief and the Fire Department as the administrative official and entity responsible for enforcement of the Florida Fire Prevention Code; and WHEREAS, the Ocoee Fire Department is seeking accreditation and requires a more specific finding of its authority in Code per Charter; and WHEREAS, the City Commission in good faith determines that this Ordinance is in the best interest of the City and its residents and promotes the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and correct and incorporated herein by this reference. Section 2. 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 3. Chapter 78. Chapter 78, relating to Enforcement of Code, is hereby amended as follows: See Exhibit"A" attached hereto and by this reference made a part hereof. Section 4. 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 5. 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 6. Effective Date. This Ordinance shall be in force and take effect immediately upon its passage and adoption. � PASSED AND ADOPTED this 7 day of 7 // 1tr , 2017. A TEST: APPROVED: I 0 OCOEE, FLORIDA Melanie Sibbitt, City Clerk \ L`- (SEAL) Rusty Johnson�j�yor FOR USE AND RELIANCE ONLY BY ADVERTISED re.b. &1 v , 20a THE CITY OF OCOEE, FLORIDA; READ FIRST TIME Fee. 07/ , 20n APPROVED AS TO FORM AND LEGALITY READ SECOND TIME AND ADOPTED this `I day of__Mg114,E, 2011 P7Ar4A 7 , 2012 SHUFFIELD, LOWMAN : ` ISO , P.A. UNDER AGENDA ITEM NO. /o? By: '1 '7e ,rney EXHIBIT "A" The following sections of Chapter 78 of the City of Ocoee Code of Ordinances, is hereby amended as follows with strikethroughs showing deletions and underlines showing new language: 78-1. - Authority; purpose. This Ocoee Fire Department is hereby confirmed and recognized as a separate department of the City and as the lead agency for emergency medical response. This and chapter is enacted under the general home rule power of the City and pursuant to Section 633.0215, Florida Statutes, and . This chapter is intended to be a local amendment to the Florida Fire Prevention Code which strengthens the requirements of the minimum firesafety code. § 78-3. - Administration; delegation. The authority of the Ocoee Fire Department and the City of Ocoee Fire Chief is hereby recognized and the City of Ocoee Fire Chief shall be the administrative official for the provisions of this chapter. Whenever a provision appears requiring the Fire Chief, the Fire Department, or some other officer or employee to do some act or perform some duty, it is to be construed to authorize the Fire Chief or other officer to designate, delegate, and authorize professional level subordinates to perform the required act or duty unless the terms of the provision or section specify otherwise. All other provisions of Chapter 78 of the City of Ocoee Code of Ordinances remain unchanged by this amendment.