VI(G1) Second Reading of Ordinance 2001-16, Amending Chapter 168 By Granting Authority To Certain Fire Department Officials To Enforce Certain Parking And Traffic Provisions Related To Fire Safety Agenda 7-17-2001
Item VI G 1
OCOEE FIRE DEPARTMENT
125 N BLUFORD AVE
OCOEE, FL 34761
RON STROSNIDER BUSINESS 407-656-7796
FIRE CHIEF FAX 407-656-1222
STAFF REPORT
TO: THE HONORABLE MAYOR AND BOARD OF CITY COMMISSIONERS
FROM: RON STROSNIDER, FIRE CHIEF
DATE: MAY 29, 2001
SUBJECT: FIRE LANE ORDINANCE
ISSUE
Should the Honorable Mayor and Board of City Commissioners approve fire department
officials having the authority to enforce parking violations relating to fire lanes.
BACKGROUND/DISCUSSION
In past discussions the city commission had requested that the fire department look into
this matter and make a recommendation to this matter.
STAFF RECOMMENDATION
Staff respectfully recommends approval of the following fire lane ordinance as drafted.
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FOLEY & LARDNER
MEMORANDUM
CLIENT-MATTER NUMBER
020377/0107
TO: Chief Ron Strosnider
THRU: Paul E. Rosenthal, Esq., City Attorney
FROM: Jason G. Williams, Esq., Assistant City Attorney
DATE: March 6, 2001
RE: Fire Lane Ordinance
Pursuant to your request, attached is a draft ordinance which gives certain fire
department officials the authority to enforce parking violations relating to fire lanes. Please let
t
me know if you have any comments or would like me to make any revisions.
Attachment
cc: Jim Gleason, Acting City Manager (w/ attachment)
•
006.211190.1
ORDINANCE NO. 2001-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CHAPTER 168 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE BY GRANTING
AUTHORITY TO CERTAIN FIRE DEPARTMENT
OFFICIALS TO ENFORCE CERTAIN PARKING AND
TRAFFIC PROVISIONS RELATED TO FIRE SAFETY
INCLUDING VIOLATIONS RELATED TO FIRELANES;
PROVIDING FOR SEVERABILITY; PROVIDING AN
EFFECTIVE DATE.
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. Sections 168-3.1 and 168-5 of the Code of Ordinances are hereby
amended to read as follows (with additions double-underlined and deletions stricken): •
§ 168-3.1. Parking in fire lanes. [Added 9-2-1997 by Ord. No. 97-16]
A. No person shall stop, park, or leave standing any vehicle,
whether attended or unattended, upon any highway or
street designated as a fire lane and appropriately marked
as such by the City Fire Chief or his designee.
B. Whenever any police officer finds a vehicle standing upon
a highway or street in violation of the foregoing
provisions of this section, the police officer is authorized
to provide for the removal of such vehicle to the nearest •
garage or to the storage area of any person, firm or
corporation who has contracted with the city, as provided
in § 165-9 of the Code.
C. Whenever the Fire Chief, Chief Officers, Fire Marshal,
Fire Inspectors, or Battalion Chiefs of the fire department
find a vehicle standing upon a highway or street in
violation of the foregoing provisions of this section, the
006.203018.1
foregoing fire department officials are authorized to
provide for the removal of such vehicle to the nearest
garage or to the storage area of any person, firm or
corporation who has contracted with the city, as provided
in § 165-9 of the Code.
•
§ 168-5. Enforcement.
• A. The Department of Police shall have the primary
responsibility for enforcement of §§ 168-3, 168-3.1, 168- ,
4 and 168-4.1.
B. The Fire Department, through the officials listed in § 168-
3.1(C), shall also have the authority to enforce § 168-3.1
and issue citations for the violation of said § 168-3.1(c).
437C. Any person violating an of the provisions of §§ 168-3,
168-3.1, 168-4 and/or 168-4.1 shall be issued the
appropriate citation with the fine levied by the existing
City Code.
€7D. If the owner of the vehicle chooses to contest a parking
citation, the owner may fill out the required form(s) at --
.police headquarters, requesting a hearing in County
Court.
D E. The towing of any vehicle pursuant to this Article shall
subject the owner of such vehicle to towing fees
reasonably necessitated by such removal and storage of •
the vehicle. The cost of such removal and storage shall be -
a lien against such vehicle. All such fees shall be paid
directly to the towing service.
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 re-lettered
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
006.203018.1 -2-
re-lettered and the correction of typographical errors which do not affect the intent maybe
authorized by the City Manager, without need of public hearing, by filing a corrected or re-
codified copy of same with the City Clerk.
SECTION 5. 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 6. Effective Date. This Ordinance shall become effective
immediately upon passage and adoption.
PASSED AND ADOPTED this day of , 2001.
APPROVED:
ATTEST: CITY OF OCOEE, FLORIDA -
City Clerk S. Scott Vandergrift, Mayor
(SEAL)
006.203018.1 -3-
ADVERTISED , 2001
READ FIRST TIME , 2001
READ SECOND TIME AND ADOPTED
, 2001
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY
BY THE CITY OF OCOEE, FLORIDA
APPROVED AS TO FORM
- AND LEGALITY
this day of , 2001.
FOLEY & LARDNER
By: .
City Attorney.
006.203018.1 -4-