Item #12 Second Reading of Ordinance Amending Chapter 78 of City of Ocoee Code of Ordinances to Recognize the Ocoee Fire Department as a Separate Department of the City ocoee
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AGENDA ITEM COVER SHEET
Meeting Date: March 7, 2017
Item # /a
Reviewed By:
Contact Name: John Miller, Fire Chief Department Director: Arc Contact Number: 407-905-3140 City Manager:
Subject: Second Reading of Ordinance Amending Chapter 78 of City of Ocoee Code of
Ordinances, to Recognize the Ocoee Fire Department as a Separate Department of the City.
Background Summary:
As part of the Ocoee Fire Departments effort to obtain international accreditation, the organization
must provide documentation that it is legally established. The proposed amendments to Chapter 78 of
the City of Ocoee Code of Ordinances include verbiage that recognizes the Fire Department as well
as the Fire Chief.
Issue:
The current City of Ocoee Code of Ordinances only formally recognizes the Fire Chief and not the Fire
Department itself. It is suggested that the following amendments be made to the ordinance to confirm
the existence and recognize the authority of the Ocoee Fire Department
The following sections of Chapter 78 of the City of Ocoee Code of Ordinances, is hereby amended as
follows with strikethroughs showing deletions and underlines showing new language:
78-1. - Authority; purpose.
This Ocoee Fire Department is hereby confirmed and recognized as a separate department of
the City and as the lead agency for emergency medical response. This and chapter is enacted under
the general home rule power of the City and pursuant to Section 633.0215, Florida Statutes, and
This chapter is intended to be a local amendment to the Florida Fire Prevention Code which
strengthens the requirements of the minimum fire safety code.
§ 78-3. - Administration; delegation.
The authority of the Ocoee Fire Department and the City of Ocoee Fire Chief is hereby
recognized and the City of Ocoee Fire Chief shall be the administrative official for the provisions of this
chapter. Whenever a provision appears requiring the Fire Chief, the Fire Department or some other
officer or employee to do some act or perform some duty, it is to be construed to authorize the Fire
Chief or other officer to designate, delegate., and authorize professional level subordinates to perform
the required act or duty unless the terms of the provision or section specify otherwise.
All other provisions of Chapter 78 of the City of Ocoee Code of Ordinances remain unchanged by this
amendment.
Recommendations:
Staff recommends amending Chapter 78 of City of Ocoee Code of Ordinances, to recognize the Ocoee Fire
Department as a separate department of the City.
Attachments:
Proposed ordinance amendment and proclamation.
Financial Impact:
There is no financial impact on the City of Ocoee when amending this ordinance.
Type of Item: (please mark with an "x")
Public Hearing For Clerk's Dept Use:
Ordinance First Reading Consent Agenda
Ordinance Second Reading ]( Public Hearing
Resolution Regular Agenda
Commission Approval
Discussion& Direction
Original Document/Contract Attached for Execution by City Clerk
Original Document/Contract Held by Department for Execution
Reviewed by City Attorney N/A
Reviewed by Finance Dept. N/A
Reviewed by 0 N/A
2
ORDINANCE 2017-
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING
CHAPTER 78 OF THE CITY OF OCOEE CODE, RELATING TO THE OCOEE
FIRE DEPARTMENT; RECOGNIZING IN CODE THE OCOEE FIRE
DEPARMTNT AS A MUNICIPAL FIRE DEPARTMENT; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, as provided in Article VIII of the Constitution of the State of Florida and
Chapters 163 and 166, Florida Statutes, the City of Ocoee (the "City") enjoys all home rule
authority, police power, land development and zoning authority, and governmental and proprietary
powers necessary to conduct municipal government and perform municipal functions; and
WHEREAS, the City may exercise any power for municipal purposes, except as expressly
prohibited by law; and
WHEREAS, under the City of Ocoee City Charter, Section C-8, the City of Ocoee has all
governmental, proprietary, and corporate powers possible for a City under the Florida Constitution
and laws of Florida and may provide police, fire, sanitary, and similar protection and services; and
WHEREAS, the City of Ocoee City Charter at Section C-25 authorizes the City
Commission to establish city departments, offices, or agencies and the functions of those
agencies; and
WHEREAS, the City of Ocoee Code of Ordinances recognizes the authority of the Fire
Chief and the Fire Department as the administrative official and entity responsible for enforcement
of the Florida Fire Prevention Code; and
WHEREAS, the Ocoee Fire Department is seeking accreditation and requires a more
specific finding of its authority in Code per Charter; and
WHEREAS, the City Commission in good faith determines that this Ordinance is in the best
interest of the City and its residents and promotes the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
OCOEE, FLORIDA, AS FOLLOWS:
Section 1. Recitals. The foregoing recitals are hereby ratified and confirmed as true and
correct and incorporated herein by this reference.
Section 2. 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 3. Chapter 78. Chapter 78, relating to Enforcement of Code, is hereby
amended 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 Marshall, 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 be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED this day of APPROVED:
2017. CITY OF OCOEE, FLORIDA
ATTEST:
Rusty Johnson, Mayor
Melanie Sibbitt, City Clerk
(SEAL)
ADVERTISED , 20_
READ FIRST TIME , 20_
READ SECOND TIME AND ADOPTED
, 20_
UNDER AGENDA ITEM NO.
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this_day of , 20 .
SHUFFIELD, LOWMAN &WILSON, P.A.
By:
City Attorney
EXHIBIT "A"
The following sections of Chapter 78 of the City of Ocoee Code of Ordinances, is
hereby amended as follows with strikethroughs showing deletions and underlines
showing new language:
78-1. - Authority; purpose.
This Ocoee Fire Department is hereby confirmed and recognized as a separate
department of the City and as the lead agency for emergency medical response. This
and chapter is enacted under the general home rule power of the City and pursuant to
Section 633.0215, Florida Statutes, and . This chapter is intended to be a local
amendment to the Florida Fire Prevention Code which strengthens the requirements of
the minimum firesafety code.
§ 78-3. - Administration; delegation.
The authority of the Ocoee Fire Department and the City of Ocoee Fire Chief is
hereby recognized and the City of Ocoee Fire Chief shall be the administrative official
for the provisions of this chapter. Whenever a provision appears requiring the Fire
Chief, the Fire Department or some other officer or employee to do some act or
perform some duty, it is to be construed to authorize the Fire Chief or other officer to
designate, delegate., and authorize professional level subordinates to perform the
required act or duty unless the terms of the provision or section specify otherwise.
All other provisions of Chapter 78 of the City of Ocoee Code of Ordinances remain
unchanged by this amendment.
•
Proclamation
Whereas, the Ocoee Fire Department was established as a volunteer fire department in the year
1925; and
Whereas, the Ocoee Fire Department has, since the year 1957, continuously existed as a duly
constituted and organized department of the City of Ocoee, Florida; and,
Whereas, the present charter of the City of Ocoee recognizes the authority of the City to
establish departments as necessary for the safe function of the City; and
Whereas, City Commission has recognized the existence of the Ocoee Fire Department as a
separate and distinct department of the city, and the authority of the Ocoee Fire Department is
codified by ordinance in Chapter 78 of the City of Ocoee Code of Ordinances; and
Whereas, the existence and authority of the Ocoee Fire Department has repeatedly been
confirmed and ratified by the City Commission by the adoption of an annual municipal budget
funding same and the repeated codification of and adoption of the National Fire Protection
Association Standards; and
Whereas, the proposed NFPA Life Safety Code has been adopted and approved by the City
Commission which references, confirms, and verifies the existence and authority of the Ocoee
Fire Department; and
Whereas, the Ocoee Fire Department has been recognized as the lead agency for emergency
medical response; and
Now, Therefore, be it resolved by the City Commission of the City of Ocoee, Florida formally
recognizes the Ocoee Fire Department as a municipal fire department constituting a department
of the City of Ocoee and the authority of the Ocoee Fire Department is hereby acknowledged,
confirmed and ratified by the City Commission of the City of Ocoee.
Hereunto IN WITNESS
WHEREOF, I have set my hand and
caused the Seal of the City of Ocoee,
Florida to be affixed this 7th Day of
March, 2017.
Amu/ `JQfum ot2, AZalio4
,
COPY OF ADVERTISEMENT
Date Published and Media Name
L Orainen"S SUNDAY, FEBRUARY 26,2017 D3
Advertisement or Article
CITY OF OCOEE-PUBLIC MEANING
A Public Hearing before the Ocoee
City Commission will be held Tuesday,
March 7,2017,at 7:15 P.m.or as soon
thereafter as may be heard, In the
Commission Chambers of City Hall
Florida,at 150 North Ocoee,
da,to consider the following:
AN ORDINANCE OF THE CITY OF
OCOEE, FLORIDA, AMENDING
CHAPTER 78 OF THE CITY OF
OCOEE CODE, RELATING TO THE
OCOEE FIRE DEPARTMENT;
RECOGNIZING IN CODE THE
OCOEE FIRE DEPARMTNT AS A
MUNICIAL FIRE PROVIIDPING FOR SEVERABMETY;
PROVIDING ANOEFFECDTIVEADATE.
If a person decides to appeal any
decision made by the above City
Commission with respect to any matter will
need considered record of the proceedings,and
for such purpose they may need to
ensure that a verbatim record of the
proceedings Is made, which record
includes which the appeal testimony evidence
is to be based.
upon
All interested parties are Invited to
attend and be heard with respect
to the above. In accordance with
the Americans with Disabilities
Act, persons needing a special
accommodation or an interpreter to
participate in this proceeding should
contact the City Clerk's office at 407-
905-3105 at least 48 hours prior to the
date of hearing.
Melanie Sibbitt
ICity Clerk - __
054801655 7P162011