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2013-004 Bowfishing, Cemeteries, Noise, Golf Carts, Abandoned Real Property, Abandoned VehiclesORDINANCE NO. 2013-004 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. Chanter 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 day of h , 20A3. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA '-zz t� ' . kenberry, Lty Clerk (SEAL) S. Scott Vandergrift, Mayor ADVERTISED 3 ( . , 20 1 � READ FIRST TIME 19,200 READ SECOND TIME AND ADOPTED n - y - k C` h , MC UNDER AGENDA ITEM NO. FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this MPfR- - ,20j SHUFFIELD, LOWMAN & WILSON By: ty rney 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 cor o�° Enforcement. > of the Code of the City of Oeoee-. 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 Penalties for offensesViolations Any person violating any provision of this chapter and its implementing rules and regulation commits a Violation and shall, be subject to the requirements as provided in ref Chapter 4-16, Genefal Provision Afti 11 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 effenseViolation 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 Poliee Violations Hearing Board established pursuant to Seetion 169 9 Chester 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 a i 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 'on Violation for a violation of this chapter. 111-9. -- lobe^ of inn -netions. Violations. Anv person violatinL) any provision of t his Chapter shall be subiect to the reauirements of Chapter 16 of the Code related to Violations, including Notices of Violations. Fines and Procedures and Hearings to contest a Notice of Violation. A ruti o f i f action i ssu ed p nt to this e s h a ll ; e lude. (1) The n am e , , d dfess cn = rd - c d cfivecz ' s iieeinse num o f the Violator-; (2) Notiee that !he violation ehafged is pufsuant to this ehaptef; (4) Th date a n d ti o f th inffaetion; (i) The lieense p late j3u 1 Q e f and "fegi fati6#i numbef of the y (7) The pfeeeddfes f6f payment of the eivil penalty and eantesting the notiee of inffaetion; and 1 - ���t_( t• \S%f!S \U�..S4�1'!��' /......t• t_ %t• \.5��•Sl. \7•I t•.. \7 ♦ L• \99• /t•.... fR \9. \•I Pay the assessed eivil penalty pur-suafit to instfuetions an the notiee of .-. f aet F. Based the hearing, the Heafitig Boafd on evidenee pfesented at sueh shall Mal , : • • : : F. Based the hearing, the Heafitig Boafd on evidenee pfesented at sueh shall Mal § 113 12. - A violation of this be deemed fof shall be assessed. ehaptef The shall amotint a non effminal violation whieh be $150.00 fef a eivil penalty fifst $250 fof eaeh subsequent of sueh eivil penalty twelve shall the ffam last offense and violation shall e antintie offense ,. onstittite within (12) menths the offense. No Eaeh day any f v f egaing , sh ftom t a sepafate to t b y offense the the w vv uii%�oa. to be a ssess ed nd § 1 1 2 1 2 Admin ,' 11J 1J• in addition to any f > this ,.L.., „t°, !`i..,..ge i feso , ehange the amount of Seetion 113 if 14eafing the eivil -penalty B ,a d enies an appeal, the vialatof eiv•l p pufsuantze faf � the in of t he G:t y 's n,.t „n Vl IIIV f 2 1 1 1 A Colleetion 11J 1 l ness shall also t o th of T.:„ns fesponsible payment ° nl of adfflinistfative ehafges the amount sh als i�,v,l. ibl° F ..t n st b th r,t. le d .�.. . ..., ..,�i:,:, i in stituted t nnll°nt ii., �i�u�lJU iv l.viil.l.� m one y iiiviia°` ,�,. payme d , o f �c of uiy iv , d f this l�h n,. ed any 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 'Paliee hif a Violations Hearing Board established pursuant to Section 168 -8 of this Code. §153 -23. — Violations and penalties. ENFORCEMENT A. The City of Ocoee Police Department shall en. ore^ the . ^f this a4iel . have the primary responsibility for enforcement of this chanter_ 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. I VON. :- .• 1 : • :- . I VON. (1) Pay the assessed eivil penalty pttfstiant to instr-uetions on the notiee of violatioi# Of (2) Contest (of appeal) the notiee of violation pufsuant to the pfeeedtifes set fot4h4n the notiee of violation. G. The to timely eomply wi the pfevisions- of Seetien 153 23(D) shall eenstitute a waivef of the fight to eentest the notiee of violation and will be eensidefed an admis of liability. Any person violating any provision of this Chanter 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. ;- OMAN (1) Pay the assessed eivil penalty pttfstiant to instr-uetions on the notiee of violatioi# Of (2) Contest (of appeal) the notiee of violation pufsuant to the pfeeedtifes set fot4h4n the notiee of violation. G. The to timely eomply wi the pfevisions- of Seetien 153 23(D) shall eenstitute a waivef of the fight to eentest the notiee of violation and will be eensidefed an admis of liability. Any person violating any provision of this Chanter 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. ;- �. �. TV NEI MIT M 011 EXHIBIT "E" �- .. 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. - Violations A person or entity that violates a provision of this Chapter, or who fails to perform an act required by this Chapter, commits an sea Violation A person or entity commits a separate offen seViolation each day or portions of a day during which the violation is committed, permitted or continued. The vielator- fflay be fined of °a to p a e i v il penalty in an amettlit LV VV established by the Ull, Commission by Re solution of as pfevided f6f in the appheable seetion of the City C Anv person violating anv t�rovision of this Chapter shall be sub'e� ct to the requirements of Chanter 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. Fes. Penalties and P -aeed rgs.VIOLATIONS. A. Any _v iolating anKprovision of this Chapter shall be subject.to the requirements of Chapter 16 of the related to Violations, including Notices of V iolations, Fines and Procedures, and Hearings to contest a Notice of Violation. Wx :. .:: :: : :. • • . . • . -q- ........ -U�III ,;= E follow M - - NO :. Ml 4. 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 eitatimen 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 eit 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"' 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. § 168 -4.1 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—V-,-- 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 X4 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 citation-Notice of Violation as provided in § 168 -513 of this Article, for the violation of any of the foregoing provisions with respect to such vehicle and such 4- 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 citations 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 citations 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 Eiden Notice of Violation with the fine levied in accordance with the provisions of this �le of Chapter 16 of the Code D. Parking citations notice o violations may only be contested in accordance with the requirements and procedures set forth in Section 168 2 of thi C pt 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. 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 -1 V-z-Itons. 1), "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 C,..,.,.,unity De elopmen! Depurt,,.e,.t 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 Uni form Disposition of Traffic Infractions Act. The Florida Uniform Disposition of Traffic Infractions Act, Chapter 318, Florida Statutes as amended and supplemented, is hereby adopted.