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HomeMy WebLinkAboutItem V (A) Public Hearing - Second Reading of Ordinance 2. Ordinance No. 94-10, relating to hours of operation of parking lot sweeper. AGENDA 5-3-94 Ocoee "CENTER OF GOOD LIVING-PRIDE OF WEST ORGE" vItem- V A 2 N ---- •\O COMMISSIONERS �. 11;4 CITY OF OCOEE COMMISSIONERS RUSTY O- 150 N.LAIESHORE DRIVE PAUL W.FOSTER O OCOEE FLORIDA 34761-2258 VERN COMBS (407)656-2322 JIM GLEASON 404. OF 0000 CITY MANAGER ELLIS SHAPIRO MEMORANDUM TO: The Honorable Mayor and Board of City Commissioners FROM: Ellis Shapiro, City Manager DATE: April 11, 1994 RE: PARKING LOT SWEEPER ORDINANCE A couple of months ago we had complaints from abutting residents of Silver Glen regarding the lateness of time of the operation of a parking lot street sweeper at the Albertson's parking area. While the problem was able to be resolved through shopping center management, some neighbors felt that an ordinance needed to be passed to protect abutting property owners from this ever happening again. With a great deal of commercial development occurring within our City, it was felt that an appropriate sound barrier would be five hundred feet (500') and that an appropriate time period for operating a street sweeper within that abutting zone should be between 7:00 a.m. and 9:00 p.m. each day. This Ordinance guarantees that developments in the future are bound to this time period for the cleaning of their parking lots. Respectfully Submitted, ES l:fdg:36 Attachment ORDINANCE NO. 94- 10 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ADOPTING A NEW CHAPTER 122 OF THE CODE OF ORDINANCES OF THE CITY OF OCOEE RELATING TO THE HOURS OF OPERATION FOR MACHINERY USED TO SWEEP AND CLEAN PARKING LOTS, DRIVEWAYS AND SIDEWALKS IN AND AROUND FACILITIES LOCATED IN COMMERCIAL AND INDUSTRIAL ZONES ADJACENT TO RESIDENTIAL ZONES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Ocoee has received complaints from the public regarding the excessive noise and disturbance caused by the machinery used for the sweeping and cleaning of parking lots, driveways and sidewalks in facilities located in commercial and industrial zones adjacent to residential zones; and WHEREAS, the City of Ocoee has made specific findings of fact that the use of machinery for the sweeping and cleaning of parking lots, driveways and sidewalks in and around facilities located in commercial and industrial zones, where such parking lots, driveways and sidewalks are located within five hundred feet (500 ' ) of any residential zone, between the hours of 9 :00 p.m. and 7: 00 a.m. , disturbs the public peace, order and quiet of the City of Ocoee; and WHEREAS, the City Commission of the City of Ocoee desires to prohibit the use of machinery for the sweeping and cleaning of parking lots, driveways and sidewalks in and around facilities located in commercial and industrial zones, where such parking lots, driveways and sidewalks are located within five hundred feet (500 ' ) of any residential zone, between the hours of 9 :00 p.m. and 7:00 a.m. in order to preserve the public peace, order and quiet of the City of Ocoee. NOW, THEREFORE, HE IT ENACTED HY THE CITY COMMISSION OF THE CITY OF OCOEE, FLORIDA, AS FOLLOWS: SECTION ONE. The City Commission of the City of Ocoee, Florida 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 TWO. A new Chapter 122 of the Code of Ordinances of the City of Ocoee, Florida, is hereby adopted as follows: CHAPTER 122 Parking Lot Sweepers Section 122-1. Short Title. This Chapter shall be known and may be cited as the "Parking Lot Sweepers Chapter" . Section 122-2. Definitions. For purposes of this Chapter, the following terms shall have the meanings set forth in this Section: A. Owner means the legal owner of a building, structure or facility, or the lessee, manager, or agent of record of a building, structure or facility. B. Parking Lot Sweeper means any device, apparatus or machine used for the sweeping or cleaning of parking lots, driveways and/or sidewalks. C. Residential Zones shall mean all those districts presently and hereinafter zoned for residential uses by the City of Ocoee. D. Commercial Zones shall mean all those districts presently and hereinafter zoned for commercial uses by the City of Ocoee. 2 E. Industrial Zones shall mean all those districts presently and hereinafter zoned for industrial uses by the City of Ocoee. Section 122-3 . Operation of Parking Lot Sweepers. No Owner shall operate or cause to be operated any Parking Lot Sweeper between the hours of 9 :00 p.m. and 7:00 a.m. for the purpose of sweeping and cleaning any parking lots, driveways and/or sidewalks which are located in Commercial Zones and/or Industrial Zones where any portion of such parking lots, driveways, and/or sidewalks is located within five hundred feet (500 ' ) of a Residential Zone. Section 122-4. Enforcement. Any dispute regarding compliance with the provisions of this Chapter shall result in presentation of the Code violation to the Ocoee Code Enforcement Board pursuant to Chapter 7 of the Code of Ordinances of the City of Ocoee. SECTION THREE. 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 hereby. SECTION FOUR. Codification. It is the intention of the City Commission of the City of Ocoee that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Ocoee; and that sections of this Ordinance may be renumbered or relettered and the word "ordinance" may be changed to "chapter" , "article" , "section" or other such 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 3 or typographical errors which do not effect the intent may be authorized by the City Manager, without need for public hearing, by filing a corrected or recodified copy of same with the City Clerk. SECTION FIVE. Effective Date. This ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this day of , 1994. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Jean Grafton, City Clerk S. Scott Vandergrift, Mayor (SEAL) ADVERTISED April 21 , 1994 READ FIRST TIME April 19 , 1994 READ SECOND TIME AND ADOPTED , 1994, UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA APPROVED AS TO FORM AND LEGALITY this day of , 1994. FOLEY & LARDNER By: Paul E. Rosenthal City Attorney C:1WP511DOCSsOCOEORDft4.SWz14/11/941 189008 ISWZ:jrd 4 FOR PROPER CREDIT PLEASE DETACH AND RETURN THIS PORTION WITH YOUR REMITTANCE ) tl BILLED ACCOUNT NO. - /2 BILLED ACCOUNT • '3 AMOUNT PAID " I 092153003 CITY OF OCOEE • i ' • 4 /g z.<° :'INVOICE NO: Sentinel Communications PLEASE DO NOT FOLD ug/e1/14 765226001 OR STAPLE THIS PORTION P.O. BOX 30,000 •. / ORLANDO,FLORIDA 32891-9912 LEGAL ADVERTISING 000000000092153003765226001000005240000000000092153003765226001000005240 4y(rOR BILLING QUESTIONS— LOCAL— —407— 422-3030 INVOICE TOLL—FREE— —800— 359-8686 (6 7 REFERENCE 8 10 DESCRIPTION .. 12 13 14 AMOUNT DATE NUMBER 9 11 AD SIZE RATE DUE J4/d1110ad!U947501 NOTICE OF PUBLIC HCAIZINt; LOSL IX0450 11.20 50.40 INVA765226001 4I63019 IX 4.50 LEGL 1 XTRA AFFIDAVI 2.00 AMOUNT DUE 52.40 • r15BILLED ACCOUNT N CITY OF OCOEE CITY HALL 19 Sentinel Communications OCOEE FL 347610000 publisher of 407656232201 - THE ORLANDO SENTINEL 633 NORTH ORANGE AVENUE 16 BILLED ACCOUNT NO. 17 DATE 18 DOCUMENT NO. ORLANDO, FLORIDA 32801 U9IJI5dUU3 04/21/94 42 LEGAL ADVERTISING The Orlando Sentinel Published Daily _____ $52.40 NOTICE of Pusuc HEARING-. f Notice is i hereby OVIIII4pursuant 1 1nr miWwrd estate of toriba Im ,o„„� s.s. COUNTY OF ORANGE cO` Lakeshore YD�m.m,,Ocoes,ROenter laceled OM doting • ewelon b bs held on MN$ Beverly C. Simmons 1> possible, ardorkC 1b 4 M7:• In .ea onewe:rhe Before the undersigned authority personally appeared adoption a the Wowing ordinance: ORDINANCE NO 9410 ,who on oath says AN ORDINANCE OF.THE CITY OF that he/she is the Legal AdvertisingRe resentative of The Orlando Sentinel,a daily OCOEE,FLORIDA,ADOPTING A NEW CHAPTER 122 OF THE COOS newspaper published at ORI Alt1D0 In OF ORDINANCES OF THE CITY ORANGE County Florida; OF ROPERATTIOG ON FOR MA- that the attached copy of advertisement,being a NOT if F OF PUBLIC N CHINERY USED TO SWEEP AND in the matter of ORD. NO. 94-111 CLEAN PARKING LOTS,DRIVE- WAYS AND SIDEWALKS IN AND AROUND FACILMES LOCATED IN in the ORAN(F Court, COMMERCIAL AND INDUSTRIAL ZONES ADJACENT TO RESIDEN- was published in said newspaper in the issue;of 114/?1/94 TIAL ZONES;PROVIDING FOR SEVERABILITY;PROVIDING FOR CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE. Interestedmeetkp andbe mry appear NM 1 heard with respect to Affiant further says that the said Orlando Sentinel is a newspaper published at the proposed action A copy of the pro- ORLANDO , ro- ORLANDOin said Il:°Miydi.u,1150 N.Li r°unore w e. ORANGE County,Florida,Ocoee,Florida,between the h° of y 8:00 A.m.°and 5:00 p.m.;Mord•y and that the said newspaper has heretofore been continuously published in tl•y. said ORANGE County,Florida, pesFrld> sonAnypr madson e OORIrdegreedesio1 each Week Day and has been entered as second-class mail matter at the post with respect tory miner considered el office in ORLANDO I in saidoce.such ermtorrNsd•record of the much pumicpesmow ORANGE County,Florida, need to ensure tha•verbatim recrdof Me proceeding Is meds,which record for a period of one year next preceding the first publication of the attached Includes the fen= sod Wldenp copy of advertisement;and affiant further says that he/she has neither paid won lutea me. a 1r•sed.Pr- nor promised any person, firm or corporation any discount, rebate, gip; I°b ,•ry otin..ebilkies needing r assistance commission or refund for the purpose of se urin this advertisement for Iwe r oAd cor•eG 1M City I°a publication in the said newspaper. 1 Jean Grafe 48 ton,cny in advance'' meeting. ✓�L `. A__,YL-rv'-O-P-2) OOLLS418''1019 Apr.21,1994 The foregoing instrument was acknowledged b fore me this 21 Stday of APRIL 19 94by Beverly C. Simmons , who is personally known to me and ��.�}}��rid take an Qath. � di•�ce►''I, . 11Aa ria ►�J1 liar A —.wavy,"ptt.i.• y (SEAL) N17-'7 7: !.?::....do N t s+rlP of Florida MyrenirV=June 18,1994 •• Cm1lnussion ;,('(;(112902 .