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2015-012 Emergency Access to Gated CommunitiesORDINANCE NO. 2015 -012 AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING ARTICLE I, CHAPTER 153 OF THE CITY OF OCOEE CODE, RELATING TO ESTABLISHING REQUIREMENTS FOR EMERGENCY ACCESS TO GATED COMMUNITIES INCLUDING EXISTING GATED COMMUNITIES; 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 Article I, Chapter 153 of the City of Ocoee Code, to establish requirements for emergency vehicle access to gated communities including existing gated communities. 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. Section 2. Article I, Chapter 153. Article I, Chapter 153, relating to streets and sidewalks, right of way utilization permitting, is hereby amended as follows: See Exhibit "A" attached hereto and by this reference made a part hereof. Section 3. 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 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 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 Fire Chief shall, without need of public hearing, by filing a corrected or recodified copy of same with the City Clerk. Section 5. Effective Date. This Ordinance shall become effective immediately upon passage and adoption. PASSED AND ADOPTED this -As�ay of __3 ik\y , 20� ATTEST: 11 7VE=ikenberry,Clerk (SEAL) FOR USE AND RELIANCE ONLY BY THE CITY OF OCOEE, FLORIDA; APPROVED AS TO FORM AND LEGALITY this 2j!-day of �Lb,/ , 20f SHUFFIELD, LOWMAN & WILSON, P.A. By: city APPROVED: CITY OF OCOEE, FLORIDA C556b- L - S. Scott Vandergrift, ayor ADVERTISED ,.{ cane A �- , 20f. READ FIRST TIME Tu vV- I (a, 20J_ READ SECOND TIME AND ADOPTED �tx. �_ ( , 20, j5- UNDER AGENDA ITEM NO. � EXHIBIT "A" Section 153 -1 of the City of Ocoee Code, is hereby amended as follows with strikethroughs showing deletions and underlines showing new language, and a new Section 153 -5.7 is hereby added to read as follows: Section 153 -1. Purpose and Intent. The purpose of this Article is to provide standards and procedures for permitting the use of public streets, rights -of -way and easements in order to achieve the following: A. Preserve the function of each public road, street, highway, right -of -way and easement. B. Provide for smooth, logical traffic flow patterns. C. Reduce traffic conflicts and confusion. D. Allow for the application of safe geometric design principles. E. Provide for bicycle and pedestrian safety. F. Provide for future modification and expansion. G. Provide for environmental compatibility. H. Provide for adequate utility service. I. Provide for Public Safety. Section 153 -5.7. Emerqencv access provisions for qated subdivision. (a) A gated subdivision or .gated community is defined to mean a residential subdivision in which the subdivision infrastructure may be located on privately controlled easements or tracts, and not public riqhts -of -way. (b) Administration; deleqation. The City of Ocoee Fire Chief shall be the administrative official for the provisions of this section. Whenever a provision appears reauirinq the Fire Chief to do some act or perform some dutv, it is to be construed to authorize the Fire Chief or desiqnee to perform the required act or dutv. (c) Emerqencv vehicle access. 1. Unless otherwise provided herein, entrvwav gates, or other restricted access gates, allowinq restricted access from the public riqht -of -wav to a qated subdivision or qated community, shall, before such qates may be closed, be