Item #14 a.b. Code Amendments Related to Requirements for Certain Violations of the CodeSre Center of Good Lf�
AGENDA ITEM COVER SHEET
Meeting Date: February 19, 2013
Item # A 7 ai
Reviewed By:
Contact Name: Robin Drage Department Director:
Contact Number: 407 - 581 -9800 City Manager:
Subject: Code amendments related to the requirements for certain violations of the Code —First
Reading.
A. Ordinance Creating Chapter 16
B. Ordinance Amending Portions of Chapters 48, 61, 113, 153, 164, 168 to Reference the Requirements
of Chapter 16
Background Summary:
City Staff has determined that it would be beneficial to amend the Code to provide for a new Chapter 16
– Violations, in order to have all of the procedures related to certain code violations in one chapter of the
Code of Ordinances. Under the proposed amendments, the Police Infractions Board will be renamed as
the Violations Board and Article III, Chapter 168 will be deleted. In addition to hearing matters related to
certain traffic infractions, the Violations Board will hear cases related to violations of the following code
provisions: Bowfishing, Cemeteries, Noise, Golf Carts on Public Property, Parks and Recreation,
Alcoholic Beverages and Abandoned Property. The requirements for membership on the Violations
Board, fines and procedures for payment of fines and procedures for contesting a Notice of Violation are
included in the proposed ordinance. In addition, each of the foregoing Code chapters will be amended to
reference the new Chapter 16.
Issue:
Should Chapter 16 of the Code of Ordinances of the City of Ocoee be created to provide the procedures
related to certain violations of the Code in a single chapter?
Recommendations
City Staff recommends that the City Commission approve the following amendments to the Code of
Ordinances of the City of Ocoee:
1. Delete Article III of Chapter 168 related to the Police Infractions Board.
2. Create a new Chapter 16 of the Code of Ordinances to establish the Violations Board, to provide
for membership and meeting requirements, powers and duties of the Violations Board, Notice of
Violation requirements, Notice of Violation fines and procedures, requirements to request a
hearing to contest a Notice of Violations and procedures related to the collection of fines.
3. Amend the following sections of the Code of Ordinances to reference the requirements of Chapter
16:
a. Article II, Chapter 48 — Bowfishing
b. Chapter 61 — Cemeteries
c. Article I, Chapter 113 — Noise
d. Article III, Chapter 153 — Golf carts on public property
e. Chapter 64 — Abandoned Property
f. Article I, Chapter 168 — Vehicles and Traffic
(Note that the reference to Chapter 16 in the Alcoholic Beverage ordinance and the Parks and
Recreation ordinance will be included in separate ordinances.)
The first reading of the ordinance creating Chapter 16 and deleting Article III, Chapter 168 and the
ordinance related to amending the foregoing sections of the Code of Ordinances is proposed for the
February 19 City Commission meeting. The second reading and proposed adoption would occur at a
future City Commission meeting in March, at which time a schedule of related fines and fees will also be
presented for adoption by resolution.
Attachments:
• Proposed ordinance creating Chapter 16 of the Code of Ordinances of the City of Ocoee and deleting
Article III, Chapter 168, for first reading
• Proposed ordinance amending Article II, Chapter 48 — Bowfishing, Chapter 61 — Cemeteries, Article I,
Chapter 113 — Noise, Article III, Chapter 153 — Golf carts on public property, Chapter 64 —
Abandoned Property and Article I, Chapter 168 — Vehicles and Traffic, for first reading
Financial Impact:
The only financial impact expected from these proposed amendments is related to the fines and fees to
be adopted by resolution.
Type of Item: (please mark with an 'Y)
Public Hearing For Clerk's Dept Use:
X Ordinance First Reading Consent Agenda
Ordinance Second Reading Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion & Direction
X Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
N/A
N/A
2
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
DELETING IN ITS ENTIRETY ARTICLE II OF CHAPTER 168,;
PROVIDING FOR THE RENAMING OF THE POLICE
INFRACTION BOARD TO THE VIOLATIONS HEARING BOARD;
ADOPTING A NEW CHAPTER 16 OF THE CODE OF
ORDINANCES OF THE CITY OF OCOEE, ENTITLED
VIOLATIONS; PROVIDING FOR REQUIREMENTS RELATED TO
MEMBERSHIP, MEETINGS, POWERS AND DUTIES OF THE
VIOLATIONS HEARING BOARD; PROVIDING FOR NOTICE OF
VIOLATION REQUIREMENTS; PROVIDING FOR NOTICE OF
VIOLATION FINES AND PROCEDURES; PROVIDING FOR
HEARINGS TO CONTEST NOTICES OF VIOLATIONS;
PROVIDING FOR FINE COLLECTION PROCEDURES;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the "City
Commission ") desires to change the name of the Police Infraction Board to the
Violations Hearing Board (the "Violations Hearing Board "); and
WHEREAS, the City Commission desires to expand the duties of the Violations
Hearing Board to allow the Violations Hearing Board to consider appeals related to
Notices of Violations issued by the City of Ocoee Police Department, the Ocoee Fire
Department and any other City employee as designated by the Chief of Police; and
WHEREAS, the City Commission desires to establish certain requirements
related to the membership of the Violations Hearing Board; and
WHEREAS, the City Commission desires to establish certain requirements for
Notices of Violations, fines and procedures for payment of fines; and
WHEREAS, the City Commission desires to establish the procedures for
hearings to contest Notices of Violations before the Violations Hearing Board; and
WHEREAS, the City Commission desires to establish the procedure for the
collection of fines related to Notices of Violations.
NOW, THEREFORE, 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. Article II of Chapter 168 Article II of Chapter 168 is hereby
deleted in its entirety.
Section 3. Chapter 16 . A new Chapter 16 of the Code of Ordinances of the
City of Ocoee, Florida is hereby adopted 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 become effective immediately
upon passage and adoption.
[Signatures To Follow]
-2-
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 20_
SHUFFIELD, LOWMAN & WILSON
go
City Attorney
day of , 20
APPROVED:
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 20_
READ FIRST TIME , 20_
READ SECOND TIME AND ADOPTED
, 20_
UNDER AGENDA ITEM NO.
-3-
FXHIRIT A
CHAPTER 16 — VIOLATIONS.
§16 -1. - Creation of Violations Hearing Board; membership; meetings.
A. Creation. There is hereby established the Ocoee Violations Hearing
Board (the "Violations Hearing Board "). The Violations Hearing Board
shall have the following powers and duties:
1. To consider contests of designated violations of the City
Code and to receive and evaluate evidence in connection therewith; and
2. Based upon the evidence presented at such a hearing, to
make a determination as to whether a violation of the City Code occurred;
and
3. To impose the fines and fees as adopted by a Resolution of
the City Commission with respect to City Code violations, including late
fees and administrative charges.
4. To make recommendations to the Chief of Police, or his
designee, on matters agreed upon by board members, as it relates to the
hearing of and pertaining to code violations.
B. Membership; Appointment; Term; Chairperson and Vice Chairperson;
Quorum; Removal.
1. Membership. There shall be seven (7) members of the
Violations Hearing Board and two must be members of the Citizens
Advisory Council of the Ocoee Police Department (the "CACOPD").
Additional members of the Violations Hearing Board may also be
members of the CACOPD. All members of the Violations Hearing Board
must be residents of the City of Ocoee, own real property in Ocoee, or be
an owner of a businesses located in Ocoee.
2. Appointment. Those members serving on the heretofore
established Ocoee Police Infraction Hearing Board shall be members of
the Violations Hearing Board until such time as their appointed term
expires. Each member of the City Commission shall appoint a member of
the Violations Hearing Board. In the event a member of the Violations
Hearing Board vacates his or her position prior to the end of their term,
the replacement shall be appointed by the Commissioner who made the
original appointment. The other two members of the Violations Hearing
Board shall be appointed by the City Commission from among the
membership of the CACOPD. The Chief of Police shall provide the City
Commission with his recommendation for the appointment of a member
ME
from the CACOPD. If the CACOPD member ceases to be a member of
the CACOPD, then such person shall cease to be a member of the
Violations Hearing Board. Members of the Violations Hearing Board shall
serve two -year terms and may be reappointed without regard to the
number of terms served previously.
3. Chairperson, Vice Chairperson. The Violations Hearing
Board shall elect by majority vote a Chairperson and a Vice Chairperson
at the first meeting of each calendar year. The Chairperson and Vice
Chairperson shall assume office at the close of the meeting at which they
are elected. Officers shall not be limited to the number of terms they may
serve. Vacancies may be filled at the next regular meeting provided at
least one week notice of the election is given prior to the meeting. The
Chairperson shall preside at all meetings of the Violations Hearing Board.
The Vice Chairperson shall perform the duties of the Chairperson in the
absence of the Chairperson.
4. Quorum. Three members of the Violations Hearing Board
shall constitute a quorum, and no action may be taken if less than three
members are present and voting.
5. Voting. Voting shall be done by voice vote or by show of
hands at the discretion of the Chairperson. Votes may only be taken at a
properly noticed meeting at which a quorum is present. Each duly
qualified member in attendance, including officers, shall be entitled to one
vote. Voting by proxy, absentee ballot or by telephone shall not be
permitted.
6. Removal. A member of the Violations Hearing Board may
have his or her membership revoked for cause by the affirmative vote of a
simple majority of the members present at any duly called meeting of the
Violations Hearing Board at which a quorum is present. Cause shall
include, but not necessarily be limited to, a member's failure to attend
three meetings within a twelve (12) month period to properly discharge his
or her responsibilities and duties as a member of the Violations Hearing
Board. A member shall automatically have his or her membership revoked
should such member cease to be qualified for membership as provided
herein.
C. Meetings.
1. Regular Meetings. Notice of each meeting shall be provided
to all members of Violations Hearing Board within a reasonable time prior
to the meeting. Notice of the place, day and hour of the meeting shall be
provided to the public in advance of the meeting. Except as otherwise
provided in Chapter 286, Florida Statutes, all meetings shall be open to
the public.
-5-
2. Special Meetings. Special meetings may be called by the
Chief of Police or his designee, the Chairperson or the Vice Chairperson,
or by a majority of the Violations Hearing Board. Notification of all special
meetings shall be posted not less than five (5) days prior to said meeting.
Special meetings shall be conducted in the same manner as a regular
meeting but shall be limited to the conduct of business specifically set
forth in the notice.
§16 -2. — Powers and Duties of the Board.
A. The Violations Hearing Board is empowered to hear cases of contested
Notices of Violations as issued by Officer and Community Service Officers
of the Ocoee Police Department, the Ocoee Fire Department and any
other city employee as designated by the Chief of Police.
B. The types of cases heard before the Violations Hearing Board shall be
determined by the Chief of Police. The Violations Hearing Board may not
hear cases outside the scope assigned by the Chief of Police. However,
this shall not preclude the Violations Hearing Board from having
discussions and /or making suggestions to the Chief of Police relating to
the types of cases heard before the Violations Hearing Board.
C. The Violations Hearing Board shall utilize definitions established by
Florida Statutes and /or the Manual on Uniform Traffic Control Devices
relating to the definition of terms for traffic violations which are not
established by City Ordinance.
D. The Violations Hearing Board shall adopt rules for transactions of its
business and shall keep a record of its resolutions, transactions, findings
and determinations.
E. If the Violations Hearing Board determines that the violation(s) listed in the
Notice of Violation was committed, the Violations Hearing Board shall
impose a fine. If the Violations Hearing Board determines that the
violation(s) listed in the Notice of Violation was not committed, then the
filing fee as provided herein shall be returned.
F. The Violations Hearing Board should not be used to try to influence the
City Commission in budget or personnel matters relating to the Police
Department.
G. Coordination with the Violations Hearing Board shall be the responsibility
of the Chief of Police or any other departmental member designated by
him. The Chief of Police shall maintain complete and current files on the
composition of the Violations Hearing Board, its meetings and its
activities.
§16 -3. - Notice of Violation Requirements.
In
A Notice of Violation issued for a violation of the Code shall include:
A. The name, address and driver's license number (if applicable) of the
violator; and
B. Notice that the violation charged is pursuant to the applicable Code
provision; and
C. The location where the violation occurred; and
D. The date and time of the violation; and
E. If the violation involves a motor vehicle:
(1.) The license plate number and registration number of the
vehicle; and
(2.) The make, model, and year of the vehicle; and
F. The civil penalty imposed; and
G. The procedures for payment of the civil penalty and contesting the notice
of infraction; and
H. Information advising the violator of the manner and time in which liability
as alleged in notice of violation may be appealed and warning that failure
to pay the civil penalty or to contest liability in a timely manner is an
admission of liability.
§16-4. - Notice of Violation Fines and Procedures
A. Any person violating any provision of this Code who receives a Notice of
Violation shall be subject to a fine as set forth in a Resolution adopted by
the City Commission.
B. Any person who receives a Notice of Violation shall have the following
options:
(1.) Pay the assessed fine pursuant to the instructions on the Notice of
Violation; or
(2.) File a Contesting Affidavit to contest the violation at a hearing
before the Violations Hearing Board as provided herein.
C. The failure to comply with (1) or (2) above within thirty (30) calendar days
of the date of the Notice of Violation shall constitute a waiver of the right
-7-
to contest the Notice of Violation and will be considered an admission of
liability.
D. Violators who fail to either pay the fine indicated on the Notice of Violation
or to request a hearing before the Violations Hearing Board may be
subject to the following: referral to a collection agency for collection of the
fine and /or denial of vehicle registration or booting of vehicle (for
Violations related to vehicles and traffic).
§16 -5. - Hearings.
A. The Violations Hearing Board shall hear contests to Notices of Violations.
B. Violators who desire to schedule a hearing to contest a Notice of Violation
must file a Contesting Affidavit within thirty (30) days from the date of the
Notice of Violation with the City Police Department along with the
appropriate filing fee, as provided in a Fine Resolution adopted by the City
Commission.
C. Upon receipt of a request for a hearing, the City Police Department shall
schedule a hearing before the Violations Hearing Board to occur within
sixty (60) calendar days after receipt of the Contesting Affidavit. The City
shall provide notice of the hearing to the violator no less than ten (10)
calendar days prior to the date of the hearing. The notice of the hearing
shall be delivered via certified U.S. mail to the same address set forth on
the Notice of Violation.
D. The City representative who issued the Notice of Violation shall testify at
the hearing. The Violator may also testify and the Violator or his or her
representative may present witnesses and introduce evidence.
E. Based on the evidence presented at the hearing, the Violations Hearing
Board shall make a determination as to whether the Code violation was
committed by the violator. At such hearing or within fifteen (15) days after
the hearing, the Violations Hearing Board shall issue a written order
stating its findings and the amount of the fine, as applicable.
F. Formal rules of evidence shall not apply at the hearing and any relevant
evidence may be admitted. Hearsay evidence may be admitted, but shall
not form the sole basis upon which the Violation Board's decision is made.
Irrelevant and unduly repetitious evidence may be excluded. The hearing
shall be conducted in a manner to ensure that procedural and substantive
due process is afforded the violator.
G. In addition to the civil penalty imposed pursuant to this Chapter, if the
Violations Hearing Board determines the violation was committed, the
violator shall also responsible for payment of hearing costs as adopted by
a Resolution of the City Commission.
H. In the event that the City decides to dismiss the Notice of Violation or if
the Violations Hearing Board dismisses the Notice of Violation, the filing
fee shall be refunded.
In the event that the Violations Hearing Board determines that the
violation was committed, the violator shall be deemed to have waived his
or her right to pay the original amount of the fine as indicated on the
Notice of Violation. A fine of up to Two Hundred Fifty Dollars ($250.00)
plus hearing costs as provided in the Fine Resolution may be imposed by
the Violations Hearing Board. In such event, the filing fee shall be
deducted from the fine.
J. Failure to appear before the Violations Hearing Board at the time of
hearing will result in the imposition of a fine and hearing costs as
determined by the Violations Hearing Board.
§16 -6. - Collection of Fines.
The City Manager or his /her designee may establish procedures for the
collection of a fine imposed herein, and may enforce collect such fine by civil action in
the nature of debt. The violator shall also be responsible for payment of any costs
incurred by the City in any legal proceedings or other efforts instituted to collect money
due under this Chapter.
Illy
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA
AMENDING CERTAIN PROVISIONS OF THE CODE OF
ORDINANCES; AMENDING ARTICLE III OF CHAPTER 48
RELATING TO BOWFISHING TO PROVIDE FOR UNIFORM
REQUIREMENTS FOR VIOLATIONS OF THE CODE; AMENDING
CHAPTER 61 RELATING TO CEMETERIES TO PROVIDE FOR
UNIFORM REQUIREMENTS FOR VIOLATIONS OF THE CODE;
AMENDING ARTICLE I OF CHAPTER 113 RELATING TO LOUD,
UNNECESSARY OR DISTURBING NOISE TO PROVIDE FOR
UNIFORM REQUIREMENTS FOR VIOLATIONS OF THE CODE;
AMENDING ARTICLE III OF CHAPTER 153 RELATING TO GOLF
CARTS ON PUBLIC STREETS TO PROVIDE FOR UNIFORM
REQUIREMENTS FOR VIOLATIONS OF THE CODE; AMENDING
CHAPTER 164 RELATING TO REGISTRATION, MAINTENANCE
AND SECURITY OF ABANDONED REAL PROPERTY TO
PROVIDE FOR UNIFORM REQUIREMENTS FOR VIOLATIONS
OF THE CODE; AMENDING ARTICLE I OF CHAPTER 168
RELATING TO GENERAL PROVISIONS OF VEHICLES AND
TRAFFIC TO PROVIDE FOR UNIFORM REQUIREMENTS FOR
VIOLATIONS OF THE CODE, TO PROVIDE FOR REMOVAL OF
ABANDONED, UNATTENDED, OR UNOCCUPIED VEHICLES
FORTY -EIGHT HOURS AFTER WARNING AND PROVIDING
FOR A RATING CAPACITY DEFINITION FOR COMMERCIAL
VEHICLES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Ocoee, Florida (the "City
Commission ") desires to amend certain provisions of the Code to provide for uniform
requirements related to Notices of Violations.
NOW, THEREFORE, 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. Chapter 48 . Article III of Chapter 48 of the Code of Ordinances of
the City of Ocoee, Florida related to Bowfishing is hereby amended as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof.
Section 3. Chapter 61 . Chapter 61, Section 10 of the Code of Ordinances of
the City of Ocoee related to Cemeteries is hereby amended as follows:
See Exhibit "B" attached hereto and by this reference made a part hereof.
Section 4. Chapter 113 Article I of Chapter 113 of the Code of Ordinances
of the City of Ocoee, Florida related to Loud, Unnecessary or Disturbing Noise is
hereby amended as follows:
See Exhibit "C" attached hereto and by this reference made a part hereof.
Section 5. Chapter 153 Article III of Chapter 153 of the Code of Ordinances
of the City of Ocoee, Florida related to Golf Carts on Public Streets is hereby amended
as follows:
See Exhibit "D" attached hereto and by this reference made a part hereof.
Section 6. Chapter 164 Chapter 164 of the Code of Ordinances of the City
of Ocoee, Florida related to Registration, Maintenance and Security of Abandoned Real
Property is hereby amended as follows:
See Exhibit "E" attached hereto and by this reference made a part hereof.
Section 7. Chapter 168 Article I of Chapter 168 of the Code of Ordinances
of the City of Ocoee, Florida related to General Provisions for Vehicles and Traffic is
hereby amended as follows:
See Exhibit "F" attached hereto and by this reference made a part hereof.
Section 8. 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 9. 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 10. Effective Date This Ordinance shall become effective immediately
upon passage and adoption.
PASSED AND ADOPTED this
ATTEST:
Beth Eikenberry, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND
LEGALITY
this day of , 20_.
SHUFFIELD, LOWMAN & WILSON
Lm-
day of , 20_
I_\»:190 :4 11
CITY OF OCOEE, FLORIDA
S. Scott Vandergrift, Mayor
ADVERTISED , 20_
READ FIRST TIME , 20_
READ SECOND TIME AND ADOPTED
, 20_
UNDER AGENDA ITEM NO.
City Attorney
EXHIBIT " A "
CHAPTER 48 - BOATS AND BOATING, ARTICLE III — Bowfishing, is hereby
amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
Section 48 -33. - P ena l t i es for offenses. Enforcement.
rl in R 1 17 of Gh er 1 Gener c AFtine o the Code o the City
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Af 9seee- The Police Department shall have the primary responsibility for enforcement
of this chapter. Notwithstanding any other provision of this Chapter to the contrary, any
City of Ocoee police officer or any other person authorized by the Chief of Police may
enforce the provisions contained in this Article and issue a Notice of Violation for the
violations of any of the provisions of this Article.
Section 48 -34. - Violations.
Any person violating any provision of this Chapter 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.
EXHIBIT "B"
CHAPTER 61 - CEMETERIES is hereby amended as follows:
Note: Strikethroughs are deletions; double underlines are additions
§ 61 -10 Penalt for- offensesViolations
Any person violating any provision of this chapter and its implementing rules and
regulation commits a Violation and shall, upen GenYiGtien, be punishable be subject to
the requirements as provided in ref Chapter 4- Gene Previsions, 4r+ 'Gle
Violations of the Code of Ordinances of the City of Ocoee including Notices of
Violations. Fines and Procedures. and Hearings to Contest a Notice of Violation. Each
day that such violation is committed or permitted to continue shall constitute a separate
effete Violation
EXHIBIT "C"
CHAPTER 113 - NOISE, Article I — Loud, Unnecessary or Disturbing, is hereby
amended as follows:
Note: Strikethroughs are deletions; double underlines are additions
113.4 Definitions.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
A. Hearing Board means the Ocoee Pel+oe Violations Hearing Board
established pursuant to SeGtieR 16 Chapter 16 .
B. Motor Vehicle means any self - propelled vehicle not operated upon rails or
guideway, but does not include bicycles or electric personal assistive mobility devices.
Such definition shall include, but not limited to: automobiles, vans, trucks, motorcycles
motor scooters, dune buggies. snowmobiles, all terrain vehicles, go-carts, mini - bikes_,
and trail bikes.
C. Notice of h*aGtibn Violation means a citation issued for a violation of this
chapter.
D. Person means any natural person, individual, association, partnership or
corporation which includes any officer, employee, department, agency or instrumentality
thereof, or any other entity whatsoever or any combination of such, jointly or severally.
E. Violator means the person receiving a Notice of infrasfiee Violation for a
violation of this chapter.
111-9. - . Violations.
Any person violating any provision of this Chapter 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.
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Comm
from
separate
t i me
to t o me,
b
res()!Ut Ghange the amount
of the G i V i l
to
may,
be assessed
th
Ad m i n i strat e ve
IR add to any G I VH
Charges.
i mposed
peRalty
to SeGt
under
113-11,
i f
G-hapter.
the HeaF
penalty
Board denies all appeal,
the v
pursuant
shall also
resPOR-S
for
adm'n'strat've Gharges i n the
amount
of
the C i ty's ac;tual
the
payment
ef
§ 113-14. - Collect of
TM C Manager, or h
F
des
may
establ
costs
of appeal,
for the
i mposed here and
may enfE)FGe
PFOGedures
by
GGI!eGt
i n the
of a
penalty
SUGh penalty
f6-r
G O V O I aGt I GR
O RGurFed
nature
of
by the
payment
of any GGStS
EXHIBIT "D"
CHAPTER 153, STREETS AND SIDEWALKS, ARTICLE III — Golfcarts, is hereby
amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
§153 -18. - DEFINITIONS.
1. The following words, terms and phrases, when used in this article, shall have the
meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
A. "Golf cart" means a motor vehicle that is designed and manufactured for
operation on a golf course for sporting or recreational purposes and that is
not capable of exceeding speeds of twenty (20) miles per hour.
B. "Golf Cart Community" means a subdivision or community within the
corporate limits of the city within which the Ocoee City Commission has by
resolution authorized the operation of golf carts on designated municipal
streets within such subdivision or community.
C. "Golf Cart Permitted Street" means a municipal street within the corporate
limits of the city which has been designated by resolution of the Ocoee
City Commission for use by golf carts.
D. "Applicant ", for the purposes of this article, means a person or entity
(including a homeowner's association) who is requesting that the Ocoee
City Commission adopt a resolution designating one or more Golf Cart
Communities and /or one or more Golf Cart Permitted Streets.
E. "Hearing Board" means the Ocoee PGliGe InfFaGtion Violations Hearing
Board established pursuant to Section 168 -8 of this Code.
§153 -23. — Violations . ENFORCEMENT
A. The City of Ocoee Police Department shall °nfG -th ^r ^,,. . 3 of this
a#isle. have the primary responsibility for enforcement of this chapter. Notwithstanding
any other provision of this chapter to the contrary, any City of Ocoee police officer or
any other person authorized by the Chief of Police may enforce the provisions
contained in this chapter and issue a notice of infraction for the violations of any of the
provisions of this chapter.
- ..
.. e f S 153 19
.. ..
.. e f S 153 19
0_110N
�winnnxxf
OIL
E. in addition tG aRy fiRe levied under
this seGt the G may briRg G Su
t o res eR er e
t he v t h i s . r
preVeR
of
.. - - -
=ee
• • • r • . • _ • • _ _ . • •
• • .
the
E. in addition tG aRy fiRe levied under
this seGt the G may briRg G Su
t o res eR er e
t he v t h i s . r
preVeR
of
• . r
• •
• • • r • . • _ • • _ _ . • •
• • .
Alitai►7 W il -1a \-�ftriv!lMFA 7i1Ti7_7i . r � • •
Any person violating any provision of this Chapter 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.
Hearing Board tO OGGUF not less
thaR 60 days after the
City's the
appeal request;
however, that the Chief
of PGl er his
previded,
designee d'sm'ss
the
being if the
may veid er
Ret'Ge of vielatiOR
appealed
that there deeS
to believe that the
appeal Ret
a ppe ll aR t GOMm a
exist pr ebable cause
o thi Ar i f th e
- •
Chi
V
deSi gRee di sm i sses
th
e
• _
v oid s er
Re e v
• • • _
a
• _ l ess th aR • r .
/ da t o da
th e h ear i ng , • •
a ppell a n t
pr
o
RE
MV P MERMI
.. • ... • . .. • l:=l • 1 . • • . • • •
• .. . _ • • 0 . .. • •
• • • _ .. . •
EXHIBIT "E"
CHAPTER 164 - REGISTRATION, MAINTENANCE, AND SECURITY OF
ABANDONED REAL PROPERTY, is hereby amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
§ 164 -4. - Penalties; srhedule of Evil penaltiesViolations
A person or entity that violates a provision of this Chapter, or who fails to perform an act
required by this Chapter, commits ^nom„ effensea Violation A person or entity commits a
separate offense Violation each day or portions of a day during which the violation is
committed, permitted or continued. The violator may be f or required to pay a Givil
penalty in an amount to be established by the City Commission by Resolution er as
provided for ! R the appliGable seGtien ef the City Code. Any person violating anv
provision of this Chapter 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.
EXHIBIT "F"
CHAPTER 168 - VEHICLES AND TRAFFIC, ARTICLE I — General Provisions, is
hereby amended as follows:
Note: Strikethroughs are deletions; double underlines are additions.
§ 168 -2. Fees Penalties and Dropedures-MOLATIONS.
A. Anv person violatina anv provision of this Chapter shall be subiect to the
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e
The Chief of Police or his designee is hereby authorized and directed to
supply the State of Florida Department of Highway Safety and Motor Vehicle with a
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e
The Chief of Police or his designee is hereby authorized and directed to
supply the State of Florida Department of Highway Safety and Motor Vehicle with a
magnetically encoded computer tape reel or cartridge, which is machine readable by
the installed computer system at said Department listing persons who (i) have three (3)
or more outstanding parking violations, or (ii) one (1) or more parking violation(s) of
Florida Statutes §316.1955 or Florida Statutes §316.1956, or any City ordinances which
regulate similar parking in spaces designated for use by disabled persons.
§ 168-4. Parking, stopping and standing prohibited.
A. No person shall stop, stand or park a vehicle, except when necessary to avoid
conflict with other traffic or in compliance with the directions of a police officer or
traffic control device, in any of the following places:
1. On a sidewalk.
2. In front of a public or private driveway.
3. Within an intersection.
4. On a crosswalk.
5. Within 15 feet of a fire hydrant.
6. Within 30 feet of any stop sign located at the side of a roadway.
7. Within 30 feet of the nearest rail of a railroad crossing.
8. Within 30 feet of the driveway entrance to any fire station and on the side
of a street opposite.
9. On the roadway side of any vehicle stopped at the edge or curb of a street
or on the roadway end of any vehicle parked at an angle to a curb or
street edge.
10. At any place where an official sign prohibits parking.
11. At any place that is designated as a handicapped parking place for
handicapped persons, unless and except when said vehicle is duly
permitted for parking therein by virtue of the fact that there is a
handicapped occupant.
12. On both sides of a paved street that is less than 26 feet in width. For the
purpose of this section, the width of the paved street is interpreted to be
the entire paved area, to include ribbon curb or Miami curb, if either exists.
The city's Street Department is responsible for posting the appropriate no-
parking signs on one side of the street, as directed by the Chief of Police,
prior to this section being enforced by the city's Police Department. Once
installed, the removal of a no- parking sign by vandals or any other means
will not be grounds to escape G4a#en —a Notice of Violation for illegal
parking.
13. On either side of a paved street that is less than 17 feet wide. The city's
Street Department is responsible for posting the appropriate no- parking
signs on both sides of such a street prior to enforcement of this section by
the Police Department. Once installed, the removal of a no- parking sign
will not be grounds to escape G4a#sn -a Notice of Violation
14. In a cul -de -sac that has a radius of less than 30 feet.
15. Within a roadway other than parallel with the edge of the roadway,
headed in the direction of the traffic and with the curbside wheels of the
vehicle within 12 inches of the edge of the roadway, except upon a street
which has been marked or a sign erected for angle parking, where all
vehicles shall be parked at the angle to the curb indicated by such mark or
sign.
16. Parking of vehicles shall be prohibited in grassed or landscaped portions
of all public and private roadways and rights -of -way except along streets
with a width of less than 22 feet and except along the following roadways:
A.D. Mims Road, Flewelling Avenue, Wurst Road, Center Street, Ocoee
Hills Road, Russell Drive, Willow Creek Road, Adair Street, Spring Lake
Circle, Phyllis Street, Mabel Street, 7 th Street, South Lakewood Avenue
and East Delaware Street.
B. Whenever a police officer finds a vehicle to be stopped, standing or parked in
violation of any of the foregoing provisions of this section, the officer is
authorized to require the driver or other person in charge of the vehicle to move
the vehicle so as not to be in violation of any of the foregoing provisions of this
section.
C. Whenever a police officer finds an abandoned or unattended vehicle to be
stopped, standing or parked -in violation of any of the foregoing provisions of this
section and a warning sticker has been conspicuously placed on the vehicle for
at least 24 hours pursuant to § 165 -6 of the Code, then the officer is hereby
authorized to provide for the removal of any 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.
§ 1684.1 Parking of commercial vehicles or buses on public property.
A. The parking of commercial vehicles on public streets and road rights -of -way
within any residential zoned district, including residential planned unit
developments, as established by the Land Development Code for the city, shall
be prohibited, except for loading purposes or as otherwise expressly permitted
by the Land Development Code. For the purposes of this section, a "commercial
vehicle" is any truck or other vehicle having a rated capacity of over 4-Al- tons.
B. The parking of buses on public streets and road rights -of -way within any
residential zoned district, including residential planned unit developments, as
established by the Land Development Code for the city, shall be prohibited,
except in designated bus parking areas approved by the city as part of a special
exception or conditional use. For the purposes of this section, a "bus" is a vehicle
designated specifically for the transportation of people for commercial purposes
or transportation of students, both public and private.
C. Whenever a police officer finds a commercial vehicle or bus to be parked in
violation of any of the foregoing provisions of this section, the officer is
authorized to take the following actions:
1. If the vehicle is occupied, to require the driver or other person in charge of
the vehicle to move the vehicle so as not to be in violation of any of the foregoing
provisions of this section.
2. If the vehicle has been parked in violation of the foregoing provisions of
this section and a warning sticker has been conspicuously placed on the vehicle
for at least 24 hours pursuant to § 165 -6 of the Code, to provide for the
removal of any 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.
3. If the vehicle is unoccupied or unattended and within the past 90 days the
owner of such vehicle has been issued a e+tat;GR Notice of Violation as provided
in § 168 -51B of this Article, for the violation of any of the foregoing provisions with
respect to such vehicle and such sitat+en Notice of Violation has not been
contested, as provided in § 168 -5C of this Article, as of the date of the new
violation, to provide for the removal of the vehicle without further notice to the
nearest garage or 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 -4, 168 -4.1, and 168 -5.1. In addition, the Department of Police
shall also be authorized to enforce §§ 168 -3.1 and 168 -6. Notwithstanding any
other provision of this Chapter to the contrary, any City of Ocoee police officer or
any other person authorized by the Chief of Police may enforce the provisions
contained in this Chapter and issue Gotat'ORs a Notice of Violation for the
violations of any of the provisions of this Chapter.
B. The Fire Department, through the officials listed in § 168- 3.1.C, shall have the
primary authority to enforce § 168 -3.1 and issue a Gitations Notice of Violation for
the violation of said § 168- 3.1.C.
C. Any person violating any of the provisions of §§ 168 -3, 168 -3.1, 168-4, 168 -4.1
and /or any other provision of this Article shall be issued the appropriate s+tat;E)R
Notice of Violation with the f;^° levied in accordance with the provisions of this
ArtiGle of Chapter 16 of the Code
D. Parking GitatiGRS RGtiGe e violations may only be contested in accordance with
the requirements and procedures set forth in SeGtiGR 168 2 of this Crier
Chapter 16 of the Code.
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.
§ 168 -6 Parking on private and public property.
A. It shall be unlawful to park or store any motor vehicle, whether occupied or
unoccupied, on any private property without the express or implied consent of
the owner of the property. In the event that the identity of the driver of such
vehicle is unknown, the owner or person in whose name such vehicle is
registered shall be prima facie deemed to be in violation hereof.
B. Conformance required; exceptions.
1. No owner of any private property shall consent to or acquiesce to the
parking or storing of any motor vehicles, whether occupied or unoccupied,
on any portion of the owner's property which has not been surfaced and
otherwise improved in accordance with all of the off - street parking lot
requirements set forth in the Land Development Code, except that this
subsection shall not apply to the following:
a. Public school property.
b. Property which is owned, managed or operated by the city,
including but not limited to recreational facilities, facilities for social
gatherings or occasions, parks, swimming facilities, baseball fields,
football fields, basketball courts, tennis courts and youth centers.
2. The exceptions set forth above shall not be construed as creating any
exemption from compliance with the provisions of the Land Development
Code relating to off - street parking standards.
C. The parking of commercial vehicles on privately owned streets and road rights -
of -way or on any private property which is zoned residential, including residential
planned unit developments, as established by the Land Development Code for
the city, shall be prohibited except for loading and unloading purposes or as
otherwise permitted by the Land Development Code. For the purposes of this
section, a "commercial vehicle" is any truck and other vehicle having a rated
capacity of over 4-Y.- tons.
D. The parking of buses on privately owned streets and road rights -of -way or any
private property which is zoned residential, including residential planned unit
developments, as established by the Land Development Code for the city, shall
be prohibited, except in designated bus parking areas approved by the city as
part of a special exception or a conditional use. For the purposes of this section,
a "bus" is a vehicle designated specifically for the transportation of people for
commercial purposes or transportation of students both public and private.
E. The Police Department shall have the
primary responsibility for the enforcement of this Section upon all privately
owned property within all residential zoned districts.
&168 -7.- Adoption of the Florida Uniform Disposition of Traffic Infractions Act.
The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318, Florida
Statutes, as amended and supplemented, is hereby adopted.