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Ordinance 2009-016 Imposing No Wake Zone ORDINANCE NO. 2009-016 AN EMERGENCY ORDINANCE OF THE CITY OF OCOEE, FLORIDA IMPOSING A NO WAKE ZONE ON STARKE LAKE, LAKE PRIMA VISTA, AND THE INTERSECTING CANAL IN THE CITY OF OCOEE FOR A PERIOD OF THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS ORDINANCE; ESTABLISHING A PENALTY FOR VIOLATION OF THE NO WAKE ZONE; FINDING THE EXISTENCE OF AN EMERGENCY; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE. WHEREAS, recent weather has caused a substantial rise in the water levels of the lakes and waterways within the City of Ocoee; and WHEREAS, these lakes and waterways have, and continue to, flood the surrounding areas, causing damage to property and eroding shorelines; and WHEREAS, wakes produced from boats, jet skis and other watercraft may cause additional damage and erosion to these areas; and WHEREAS, the City Commission of the City of Ocoee believes it is in the City's best interests to declare all Starke Lake, Lake Prima Vista and the intersecting canal as "No Wake Zones" for a period of thirty (30) days. 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. 006.348658.2 SECTION 2. No Wake Zone. The City hereby declares all of the lakes and waterways within the City of Ocoee as "No Wake Zones" for a period of thirty (30) days. During this thirty (30) day period, no boat, jet ski or other watercraft may create a wake on any part of any lake or waterway. SECTION 3. Penaltv. Any person who refuses to comply with or violates this Ordinance shall be subject to the following fines: First Violation: For every violation thereafter: Written Warning $100.00 SECTION 4. Emere:encv Ordinance. Pursuant to Section 166.041 (3)(b), Florida Statutes, the City Commission of the City of Ocoee hereby finds that an emergency situation exists due to the rise in water levels, the current and threatened flooding of property, including roads and residential homes, and the erosion of the shorelines of the lakes and waterways within the City. SECTION 5. 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 6. Conflicts. All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 7. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this 2ND day of June, 2009. 006.348658.2 -2- ATTEST: ~~ Name: ~~~ Title: '. eX \ C\e-Y"IL- (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY "\\ , this.a.. day of ~Uh-e ,2009. ::LEYV;Y;~ City Attorney 006.348658.2 APPROVED: CITY OF OCOEE, FLORIDA ~ S'ftV ~4 S. Scott Vandergrift, Mayor <-", READ FIRST TIME AND ADOPTED .... \LlJi"\.e '2 ,2009 . UNDERAGENDAITEMNO.~~ -3-