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HomeMy WebLinkAboutItem #12 Second Reading of Ordinance Regulating Human Signs with Adoption of a Resolution Amending the Fine and Fee Schedule Relating to Subsection 153-4C �\r/I Ocoee uoriaa AGENDA ITEM COVER SHEET Meeting Date: May 2, 2017 Item # /oZ �'1 Reviewed By Contact Name: Mike Rumer, City Planner Department Director: Craig S adrix Contact Number: (407) 905-3100 x1018 City Manager: Rob Frank Subject: Second Reading of Ordinance Regulating Human Signs w Adoption of a Resolution Amending the Fine and Fee Schedule Relating to Subsection 153-4C Background Summary: The First reading of this ordinance was read at the March 21, 2017, City Commission Meeting and no comments were made. The Second reading of this Ordinance was opened at the April 18, 2017, City Commission Meeting and was continued to the May 2, 2017, City Commission Meeting. A human sign is a sign that is continuously held by, spun, or attached to a person that displays a commercial message advertising or otherwise drawing attention to a business, commodity, service, or product. In recent months, the City of Ocoee City Commission and the City of Ocoee Community Redevelopment Agency have observed an increase in the number of human signs in the City. Staff was directed to evaluate methods by which such behavior could be regulated more effectively. Upon review of numerous city codes across the state, City staff proposes an ordinance to regulate human signs in much the same manner as fixed signage is regulated. Under the proposed ordinance the Land Development Code and Chapter 153 of the City of Ocoee Code of Ordinances are both amended. The proposed ordinance will allow for one human sign per business. Additionally, a human sign must remain on the same parcel or within the common areas of a commercial subdivision within which the business, commodity, service, or product being advertised is located; the total sign area for any single human sign may not exceed 96 square inches (2 feet x 4 feet); and a human sign shall not occupy any portion of the public right-of-way or other public property. The enforcement provision of the ordinance states the City of Ocoee Police Department will have the responsibility for enforcement on public right-of-way. Enforcement on private property will be handled by Code Enforcement. Issue: Should the Honorable Mayor and City Commissioners approve an ordinance establishing regulations relating to human signs? Recommendations: Staff respectfully recommends that the Honorable Mayor and City Commissioners approve an Ordinance establishing regulations relating to human signs. Attachments: Ordinance. Resolution Financial Impact: N/A Type of Item: (please math with an "I) x Public Hearing For Clerk's Dept Use. Ordinance First Reading(3/21/2017) Consent Agenda x Ordinance Second Reading(4/18/2017) f Public Healing Resolution Regular Agenda x Commission Approval Discussion&Direction Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney Dana Crosby Collier N/A Reviewed by Finance Dept. N/A Reviewed by 0 N/A ORDINANCE 2017- AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION 8-6 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, DEFINING AND REGULATING HUMAN SIGNS; AMENDING SECTION 153-4 OF THE CITY OF OCOEE CODE OF ORDINANCES AND CREATING A NEW SECTION 153.4.1 OF THE CITY OF OCOEE CODE OF ORDINANCES, PROHIBITING HUMAN SIGNS FOR PURPOSES OF RIGHT-OF-WAY UTILIZATION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; 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, 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. Amendment to Code. Section 153-4 of the City of Ocoee Code of Ordinances, and Section 8.6 of the City of Ocoee Land Development Code, are hereby amended to read as follows and a new Section 153-4.1 is hereby created to read 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 Marshall, 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 day of , 2017. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) ADVERTISED 2017 READ FIRST TIME 2017 READ SECOND TIME AND ADOPTED 2017 UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2017. SHUFFIELD, LOWMAN &WILSON, P.A. By: City Attorney EXHIBIT "A" Section 1. A new subsection S is added to Section 8.6 of the City of Ocoee Land Development Code, to read as follows with underlines showing new language: Section 8-6. — Other Signs —General Requirements. S. Human Signs; Enforcement; Violations. A Human Sign is a sign that is continuously held by. spun, or attached to a person that displays a commercial message advertising or otherwise drawing attention to a business, commodity, service, or product. Human Signs are permitted in all non- residential zoning districts but shall be subiect to the following conditions. (1) Only one Human Sign per business is permitted (2) A Human Sign must remain on the same parcel on which the business, commodity service, or product being advertised is located or within the common areas of a commercial subdivision within which the business, commodity, service, or product being advertised is located- 0) Total sign area for any single Human Sian may not exceed 18 square feet; and j3) A Human Sign shall not occupy any portion of the public right-of-way or other public property. (All other provisions of section 8.6 of the City of Ocoee Land Development Code remain unchanged by this amendment.) Section 2. Section 153-4, City of Ocoee Code of Ordinances, is hereby amended to read as follows with underlines showing new language: Section 153-4. - Prohibitions. A. Construction of masonry or other substantial structures within city streets, rights-of- way or easements is prohibited unless approved by the City Commission. B. No private sign shall be permitted in city rights-of-way. C. No Human Sign, as the term is defined in Section 8-6 of the Land Development Code, shall occupy any portion of the city right-of-way or other public property. Section 3. A new Section 153-4.1, City of Ocoee Code of Ordinances, is hereby created to read as follows with underlines showing new language. Section 153.4.1. Enforcement and Violations A. Enforcement. The Police Department shall have the primary responsibility for enforcement of subsection 153-4C of this chapter and any City of Ocoee police officer or any other person authorized by the Chief of Police may enforce the provisions contained in subsection 153-4C and issue a Notice of Violation for the violation of subsection 153-4C. B. Any person violating subsection 153-4C shall be subject to the requirements of Chapter 16 of the Code related to violations, including Notices of Violations, fines, and procedures and hearings to contest a Notice of Violation. RESOLUTION NO. A RESOLUTION OF THE CITY OF OCOEE, FLORIDA, AMENDING THE FINE AND FEE SCHEDULE AS AUTHORIZED BY ORDINANCE NUMBER 2017-_ RELATED TO SUBSECTION 153-4C OF THE CITY OF OCOEE CODE OF ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Ocoee adopted Ordinance 2013-005 on March 5, 2013, creating Chapter 16 in the City of Ocoee Code of Ordinances, relating to Violations,including creating the Violations Hearing Board;and WHEREAS, Ordinance 2013-005 provides that the City Commission shall adopt a resolution to provide for a fine and fee schedule related to violations of certain provisions of the City of Ocoee Code of Ordinances; and WHEREAS, the City Commission of the City of Ocoee adopted Resolution 2013-005 on March 5, 2013, to establish fines and fees for violations of certain provisions of the City of Ocoee Code of Ordinances; and WHEREAS, the City Commission of the City of Ocoee adopted Resolution 2015-05 on April 7, 2015, to modify the fines and fees for violations of certain provisions of the City of Ocoee Code of Ordinances; and WHEREAS, the City Commission of the City of Ocoee adopted Ordinance 2017- on May 2, 2017, placing violations of Subsection 153-4C of the City of Ocoee Code of Ordinances, relating to human signage in the right of way, under the jurisdiction of the Violations Hearing Board; and WHEREAS, the City Commission of the City of Ocoee desires to amend the fine and fee schedule established at Resolution 2013-005, as amended,to include violations of Ordinance 2017- _,related to human signage. NOW, THEREFORE, BE IT RESOLVED 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 Resolution pursuant to Article VIII of the Constitution of the State of Florida and Chapter 166, Florida Statutes. SECTION 2. Schedule of Fines and Fees. The City Commission of the City of Ocoee hereby adopts and approves the Schedule of Fines and Fees, as may be amended from time to time, for violations of certain provisions of the Code of Ordinances as provided in Exhibit"A", which is attached hereto and made a part hereof by reference. SECTION 3. Severability. If any section, subsection, sentence, clause, phrase or portion of this Resolution 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. Effective Date. This Resolution shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of ,2017. APPROVED: ATTEST: CITY OF OCOEE,FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor (SEAL) APPROVED BY THE OCOEE CITY COMMISSION ON THE ABOVE DATE UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE,FLORIDA; APPROVED AS TO FORM AND LEGALITY this day of , 2017. SHUFFIELD,LOWMAN & WILSON,P.A. By: City Attorney EXHIBIT A CITY OF OCOEE ORDINANCE VIOLATION FINE AND FEE SCHEDULE ORDINANCE FINE/FEE Chapter 48—Boats and Boating,Article III,Bow fishing $100.00 Chapter 61 —Cemeteries First Offense $50.00 Second and Subsequent Offense $100.00 (second and subsequent offense within 12 months of date of last offense) Chapter 75—Nuisance False Alarm Response Fee Fourth and Subsequent Offense $100.00 (fourth and subsequent false alarms within a six-month period, calculated from the date of the first false alarm) Chapter 113—Noise-Loud, Unnecessary or Disturbing First Offense $50.00 Second and Subsequent Offense $100.00 (second and subsequent offense within 12 months of date of last offense) Chapter 124—Parks, Recreation and other Community Facilities First Offense $50.00 Second and Subsequent Offense $100.00 (second and subsequent each-offense within 12 months of date of last offense) Subsection 153-4C—Streets and Sidewalks, Prohibitions(human $100.00 siznaeel Chapter 153—Streets and Sidewalks,Article III,Golf Carts on $100.00 Public Streets Chapter 164—Registration,Maintenance and Security of Abandoned Real Property Registration $200.00 Failure to Register $500.00 Chapter 168—Vehicles and Traffic Parking $40.00 No Disabled/Handicap Sticker/Placard Permit $250.00 Administrative Fee(including filing fee) $50.00 COPY OF ADVERTISEMENT Date Published and Media Name WEST ORANGE TIMES&OBSERVER I THURSDAY,APRIL 20.2017 11 44' Ocoee CITY OF OCOEE NOTICE OF PUBLIC HEARING FOR AN ORDINANCE REGULATING HUMAN SIGNS TO THE OCOEE LAND DEVELOPMENT CODE AND CITY OF OCOEE CODE OF ORDINANCES NOTICE IS HEREBY GIVEN that the City of Ocoee City Commission will consider a proposed Amendment to the City of Ocoee Land Development Code relating to Article VIII,Section 8-6,and City of Ocoee Code of Ordinances,Section 153-4. The OCOEE CITY COMMISSION will hold a public hearing on the proposed amendment on TUESDAY,MAY 2,2017,AT 7:15 PM or as soon thereafter as prac- tical. The public hearing will be held in the City Hall Commission Chambers located at 150 North Lakeshore Drive,Ocoee. AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SEC- TION 8-6 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE,DEFIN- ING AND REGULATING HUMAN SIGNS; AMENDING SECTION 153-4 OF THE CITY OF OCOEE CODE OF ORDINANCES AND CREATING A NEW SECTION 153.4.1 OF THE CITY OF OCOEE CODE OF ORDINANCES, PRO- HIBITING HUMAN SIGNS FOR PURPOSES OF RIGHT-OF-WAY UTILIZA- TION; PROVIDING FOR ENFORCEMENT; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERABILITY;PROVIDING FOR CODIFICATION;PRO- VIDING AN EFFECTIVE DATE. Interested parties may appear at the public hearing and be heard with respect to the proposed ordinance above.The complete case file may be inspected at the Ocoee De- velopment Services Department/Planning Division located at 150 North Lakeshore Drive,Ocoee,Florida between the hours of 8:00 a.m.and 5:00 p.m.,Monday through Friday,except legal holidays.The Ocoee City Commission may continue these public hearings to other dates and times,as it deems necessary. Any interested party shall be advised of the dates,times,and places of any continuation of these or continued pub- lic hearings shall be announced during the hearing and no further notices regarding these matters will be published.You are advised that any person who desires to appeal any decision made at the public hearings will need a record of the proceedings and for this purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is based. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's Office 48 hours in advance of the meeting at 407-905-3105.