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HomeMy WebLinkAboutOrdinance 118 Swimming Pool 1""""\ ~ // " /: \~~ f" . . . .. ORDINANCE NO. 118 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 7 OF ORDINANCE 109, PROVIDING FOR LOCKS TO BE PLACED ON ALL GATES ENCLOSING SWIMMING POOLS, REQUIRING THAT SAID GATES BE LOCKED WHEN POOL IS UNATTENDED AND REQUIRING THAT GATES AND FENCES ENCLOSING SWIMMING POOLS BE NOT LESS THAN FIVE (5) FEET IN HEIGHT; AMENDING SECTION 8 OF ORDINANCE 109, PROVIDING FOR THE FENCING OF UTILITY EASEMENTS, RESPONSIBILITY OF UTILITY COMPANY TO REPAIR OR REPLACE THE FENCE OR WALL SUB- SEQUENT TO INSTALLATION, REPAIR OR MAINTENANCE OF UTILITY; ADDING SECTION 9(a) TO ORDINANCE 109, PROVIDING FOR CLARIFICATION THAT PROVI- SIONS OF ORDINANCE NO. 109 DO NOT SUPERSEDE DEED RESTRICTIONS RUNNING WITH THE LAND UNLESS THEY ARE MORE STRINGENT~ REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEPARABILITY AND EFFECTIVE DATE. WHEREAS, the City Council of the City of Winter Springs, Florida, has heretofore passed, on October 7, 1974, Ordinance No. 109, pertaining to the official design and construction standards for fences constructed within the City of Winter Springs, Florida, and establishing specific requirements therefor and providing for the regulation of hedges; and WHEREAS, it has been determined that said Ordinance should be amended to require locks on all gates enclosing swimming pools, requiring said gates to be locked when pool is unattended and requiring that gates and fences enclosing swimming pools be not less than five (5) feet in height; and WHEREAS, it has been determined that said Ordinance should be amended to provide for the fencing of utility easements and making the utility company responsible to repair or replace the fence or wall subsequent to installation, repair or mainte- WHEREAS, it is the desire of the City Council to add Section 9(a) to Ordinance 109, providing for clarification regarding the provisions of said Ordinance in relation to deed restrictions running with the land; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, hereby ordains: SECTION 1: ALL SECTIONS OF ORDINANCE NO. 109 EXCEPT SECTIONS 7 AND 8 INCORPORATED HEREIN - All Sections of Ordinance No. 109 as heretofore passed by the City Council of the City of Winter Springs, Florida, on October 7, 1974, are hereby ratified and incorporated herein as if set forth herein, except Sections 7 and 8 thereof. SECTION 2: AMENDED ORDINANCE SECTION 7 - Section 7 of the Amended Ordinance No. 109 shall read as follows: "All swimming pools must be enclosed by fences or walls constructed in such a manner as not to be easily climbed, and any gate which comprises or forms a part of the fence or wall shall be equipped with a lock or an interior latching device which will not allow a person to open the gate from the exterior, and the gate shall be locked or latched at all times when the swimming pool is unattended, and both the gate and fence or wall shall be not less than five (5) feet in height. Other suitable enclosures of greater height may be used when erected within the setback lines." SECTION 3: AMENDED ORDINANCE SECTION 8 - Section 8 of the Amended Ordinance No. 109 shall read as follows: "It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by -2- the fence owner. If it becomes necessary to cut a fence or remove walls for the purpose of installation of new utilities or repairing or maintaining installed utilities, the utility company involved shall be responsible to repair or replace the fence or wall to the condition existing previous to the installation, repair or maintenance. At no time shall a dedicated right-of-way be fenced." SECTION 4: Section 9 of Ordinance No. 109 is amended to add Subsection 9(a), as follows: "Provisions of Ordinance No. 109 do not supersede or control deed restrictions running with the land unless the provisions therein are more stringent I than in the said deed restriction." SECTION 5: That all Ordinances or parts of ordinances in conflict herewith shall be and the same are hereby repealed. SECTION 6: If any section or part of section or sub- section of this Ordinance proves to be invalid, unlawful or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other section or portion of section or subsection of this Ordinance. SECTION 7: This Ordinance shall take effect immediately upon passage and adoption. PASSED AND ADOPTED this 19th day of May, 1975. FIRST READING May 5, 1975. SECOND READING May 19, 1975 CITY OF WINTER SPRINGS, FLORIDA Troy J. Piland MAYOR ATTEST: Mary T. Norton CITY CLERK CITY OF WINTER SPRINGS, FLORIDA NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN by the City Council of the City of Winter Springs, Florida, that said Council will hold a public hearing at 7:30 p.m., or as soon thereafter as possible, on Monday, May 5, 1915, to consider the adoption of an ordinance by the City of Winter Springs, Florida, title of which is as follows: AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA, AMENDING SECTION 7 OF ORDINANCE 109, PROVIDING FOR LOCKS TO BE PLACED ON ALL GATES ENCLOSING SWIMMING POOLS, REQUIRING THAT SAID GATES BE LOCKED WHEN POOL IS UNATTENDED AND REQUIRING THAT GATES AND FENCES ENCLOSING SWIMMING POOLS BE NOT LESS THAN FIVE (5) FEET IN HEIGHT; AMENDING SECTION 8 OF ORDINANCE 109, PROVIDING FOR THE FENCING OF UTILITY EASEMENTS, RESPONSIBILITY OF UTILITY COl4PANY TO REPAIR OR REPLACE THE FENCE OR WALL SUB- SEQUENT TO INSTALLATION, REPAIR OR MAINTENANCE OF UTILITY; ADDING SECTION 9(a) TO ORDINANCE 109, PROVIDING FOR CLARIFICATION THAT PROVI- SIONS OF ORDINANCE NO. 109 DO NOT SUPERSEDE DEED RESTRICTIONS RUNNING WITH THE LAND UNLESS THEY ARE MORE STRINGENT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; SEPARABILITY AND EFFECTIVE DATE. A copy of said Ordinance shall be available at the Office of the City Clerk of Winter Springs, Florida, for all persons desiring to examine same. ALL INTERESTED PARTIES are invited to attend and be heard. THIS NOTICE is to be published in the EVENING HERALD, a newspaper of general circulation in said City, one (1) time at least 15 days prior to the time of the public hearing. DATED this 15th day of April, 1975. CITY OF WINTER SPRINGS, FLORIDA BY Mary T. Norton, CITY CLERK NEWMAN D. BROCK, ESQUIRE ATTORNEY FOR CITY OF WINTER SPRINGS, FLORIDA (\ ," NEWMAN D. BROCK ATTOllNEY Am) COUNSELOR AT LAw 818 a....T SBKOaAB BOU;LBV~ ALT.A.M:ONTE SPRINGS, FLORIDA 32701 8UlTl1 207 8BHO~ B111LDING TBLBPBOJfB (8OB) 880-0808 April 15, 1975 Mrs. Mary T. Norton Clerk, City of Winter Springs 102 North Moss Road Winter Springs, Florida 32707 Re: Public Hearing on Amendment to Ordinance No. 109 Dear Mary: Enclosed is original Notice of Public Hearing and a copy of the related Ordinance for your records. A copy of the Notice has been delivered to the Evening Herald for publication on Friday, April 18, 1975. With kindest regards, I am, NDB/rb Enclosures J \ l n (J <) ~H~: ii;' .(":~; t ' , NfftW~jl ,'~'itoCK ATTORNEY AND COtJNSELOR AT LAw 616 EAI!!IT SEMORAN BOULEVA.RD ALT.A.M:ONTE SPRINGS, FLORIDA 32701 SUITE 207 S)UlOB.A.l!f BUILDING TELEPllONE (8015) 630-8808 April 15, 1975 o '" l,eI ~~~ I f/iJ~ SUGGESTED AMENDMENT TO ORDINANCE 109 r Amend 1>arap;ra 1>h S. to read I . All walls or fences hereafter located, erected, constructed, re- constructed or altered outside of the building lines of property situate in the City shall not be over. four (4) feet in height from the front of the building line to the front lot tine or from the side buildinp; line to the side street lot line on corner lots, and not more than eight (8) feet from the front building line to the rear property line. Amend paragra1>h 8, to readl Utility easements may be fenced, however adequate access must be provided thereto by the property owner. If it becomes necessary to cut a fence or remove walls for the purpose of installing new utilities or working on installed utilities, the Utility involved shall be responsible to repair or replace the fence or wall to the condition existing prior to the work. At no time shall a dedicated right of way be fenced. Add paragraph 9a, as followsl Provisions of this ordinance do not override deed restrictions which are more stringent. Heip;ht of fence around swimminp; 1>ools? How about five (5) feet minimwn? f\ , . Self closing p;ates? How about requiring gates into enclosures around swimming pools to be a type-that can be locked, and require them to be kept locked when the pool is unattended. Underlined part of par. 5 added. o ~&;~'~2' WHEREAS, it is the desire of the City Council to add Section 9(a) to Ordinance 109, providing for clarification regarding the provisions of said Ordinance in relation to deed restrictions running with the land; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WINTER SPRINGS, FLORIDA, HEREBY ORDAINS: SECTION 1: ALL SECTIONS OF ORDINANCE NO. 109 EXCEPT SECTIONS 7 AND 8 INCORPORATED HEREIN - All Sections of Ordinance No. 109 as heretofore passed by the City Council of the City of Winter Springs, Florida, on October 7, 1974, are hereby ratified and incorporated herein as if set forth herein, except Sections 7 and 8 thereof. SECTION 2: AMENDED ORDINANCE SECTION 7 - Section 7 of the Amended Ordinance No. 109 shall read as follows: "All swimming pools must be enclosed by fences or walls constructed in such a manner as not to be easily climbed, any gate which comprises or forms a part of the fence or wall shall be equipped with a lock and the gate shall be locked at all times when the swimming pool is unattended, and both the gate and fence or wall shall be not less than five (5) feet in height. Other suitable enclosures of greater height may be used when erected within the setback lines." SECTION 3: AMENDED ORDINANCE SECTION 8 - Section 8 of the Amended Ordinance No. 109 shall read as follows: "It shall be lawful for any person to enclose or fence any utility easements; provided, however, that adequate access must be provided thereto by -2- 0, f1 ., \ ~~:C A,\' ,):. Jl;H.R . N~~jtt..l ;.fjtk1c~ ATTORNEY AND COUNSELOR AT LAw 616 EAST SSMORAN BOULEVA.HD ALTAMONTE SPRINGS, FLORIDA 32701 SUITE 207 SlIlIolOJiAN BUILDING TELEPllONE (30lS) 630"6806 April IS, 1975 The Evening Herald Post Office Box 1657 Sanford, Florida 32771 Re: City of Winter Springs, Florida Notice of Public Hearing for Amendment to Ordinance No. 109 Gentlemen: Enclosed herewith is a notice of public hearing to be published, one time as a legal advertisement on Friday, April 18, 1975. Please furnish us with your proof of publication and statement of costs. Thank you for your usual cooperation in this matter. Sincerely, Ne~Jman D. Brock, City Attorney City of Winter Springs, Florida NDB/rb Enclosure cc: l1rs. Hary T. Norton City Clerk City of Winter Springs _..",~~ Evening IIetakl An Independent Newspaper SANFORD, SEMINOLE COUNTY, FLORIDA STATE OF FLORIDA COUNTY OF SEMINOLE Before the undersigned a.uthority personally appeared........................... .. .. au.th.. p. ...:P~iggll. .. .. .. .. . ...... .. .. . .. .. .. .. .. . who on oath saysthat8he is .... Office. JJanager............, .of th~ EVENING HERALD, a Newspaper Pub- lished at Sanford, in Seminole County, Florida; that the attached copy of advertise- ment, being a............ .L.eg.l. .lfootio..........................in the matter of .. .~,l~ct. .~..~:r.~~g. .:r.t? .9r.~~~~.~~.f!t.. ~.C?,................................. .........................................,...............in the.yJ~f?~~:~.... . Court, was published in said newspaper in the issues of................... . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . .. .. . .. . . April. .16.. . .19.75. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . , Aftlant further says that the said EVENING HERALD is a newspaper published by The sanford Herald, Inc., at Sanford, in said Seminole County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole CountJ Florida, and has been entered as second class mail matter at the post offlce in Sanford, in said Seminole County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and afflant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commJss1on or refund for the purpose of securing this advertisement for pUblication in the said newspaper. Sworn to a,.nd subscri\:led before me this . . . . . . . . . . .. ..18.tb... . . .. . .. . . . . .. day of ........ .... ^P.J:'''l... ..~...k-9. 191$.. 9?1...... . ....~.... (8 NQtary Public otary Public, State of Florida at Large. My Commission Expires Mar. 11, 1978 .~?J;"&}r: ..