2017-015 Prohibiting Human Signs ORDINANCE NO. 2017-015
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, AMENDING SECTION
8-6 OF THE CITY OF OCOEE LAND DEVELOPMENT CODE, DEFINING AND
REGULATING HUMAN SIGNS; AMENDING SECTION 153-4 OF THE CITY OF
OCOEE CODE OF ORDINANCES AND CREATING A NEW SECTION 153.4.1
OF THE CITY OF OCOEE CODE OF ORDINANCES, PROHIBITING HUMAN
SIGNS FOR PURPOSES OF RIGHT-OF-WAY UTILIZATION; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR PENALTIES; 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, 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. Amendment to Code. Section 153-4 of the City of Ocoee Code of
Ordinances, and Section 8.6 of the City of Ocoee Land Development Code, are hereby
amended to read as follows and a new Section 153-4.1 is hereby created to read as follows:
See Exhibit "A" attached hereto and by this reference made a part hereof. ti
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.
ti
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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 be in force and take effect
immediately upon its passage and adoption.
PASSED AND ADOPTED this
-7
PASSED of , 2017.
APPROVED:
TTEST• i L OF OCOEE, FLORIDA
•
.ter. Ilk. _. ,..._ ,
Melanie Sibbitt, City Clerk Rusty Johns$Mayor
(SEAL)
ADVERTISED April 0& , 2017
READ FIRST TIME/ndreh 02/, 2017
READ SECOND TIME AND ADOPTED
1,�)� , 2017
UNDERBAGE A ITEM NO. /R
FOR USE AND RELIANCE ONLY BY
THE CITY OF OCOEE, FLORIDA;
APPROVED AS TO FORM AND LEGALITY
this Z"'1 day of 1k-4 try , 2017.
SHUFFIELD, LOWMAN & ILS 4 N, P.A.
BY oak
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Ci '46-
EXHIBIT "A"
Section 1. A new subsection S is added to Section 8.6 of the City of Ocoee Land
Development Code, to read as follows with underlines showing new language:
Section 8-6. — Other Signs — General Requirements.
S. Human Signs; Enforcement; Violations.
A Human Sign is a sign that is continuously held by, spun, or attached to a person that
displays a commercial message advertising or otherwise drawinq attention to a
business, commodity, service, or product Human Signs are permitted in all non-
residential zoning districts but shall be subiect to the following conditions.
(1) Only one Human Sign per business is permitted;
(2) A Human Sign must remain on the same parcel on which the business, commodity,
service, or product being advertised is located or within the common areas of a
commercial subdivision within which the business, commodity, service, or product being
advertised is located;
(3) Total sign area for any single Human Sign may not exceed 18 square feet; and
(3) A Human Sign shall not occupy any portion of the public right-of-way or other public
property.
(All other provisions of section 8.6 of the City of Ocoee Land Development Code remain
unchanged by this amendment.)
Section 2. Section 153-4, City of Ocoee Code of Ordinances, is hereby amended to
read as follows with underlines showing new language:
Section 153-4. - Prohibitions.
A. Construction of masonry or other substantial structures within city streets, rights-of-
way or easements is prohibited unless approved by the City Commission.
B. No private sign shall be permitted in city rights-of-way.
C. No Human Sign, as the term is defined in Section 8-6 of the Land Development
Code, shall occupy any portion of the city right-of-way or other public property.
Section 3. A new Section 153-4.1, City of Ocoee Code of Ordinances, is hereby •
created to read as follows with underlines showing new language.
Section 153.4.1. Enforcement and Violations
A. Enforcement. The Police Department shall have the primary responsibility for
enforcement of subsection 153-4C of this chapter and any City of Ocoee police officer
or any other person authorized by the Chief of Police may enforce the provisions
contained in subsection 153-4C and issue a Notice of Violation for the violation of
subsection 153-4C.
B. Any person violating subsection 153-4C 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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