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HomeMy WebLinkAboutOrdinance 2001-09 Trailer/Revolving Signs ORDINANCE NO. 2001-09 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 16-57 AND SECTION 16-79 DEALING WITH TRAILER AND REVOLVING SIGNS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Winter Springs has a legitimate interest in traffic safety and community aesthetics; and WHEREAS, under its police powers, the City may regulate the use of portable and other types signs; and WHEREAS, a trailer sign is generally a mobile temporary sign which is mounted on a trailer-type frame with wheels or skids and not permanently attached to the ground; and WHEREAS, trailer signs are typically used to announce special events, advertise the opening or closing of businesses, and other temporary messages; and WHEREAS, the City Commission finds that there are other reasonable and adequate alternative avenues by which special events, business openings and closures, and other temporary messages may be advertised; and WHEREAS, the City Commission also finds that trailer signs can pose a problem because they can be moved to unauthorized locations that pose traffic hazards more than other types of signs; and WHEREAS, the City Commission also finds that trailer and revolving signs have an adverse impact on the aesthetics of the community of Winter Springs; and WHEREAS, the City Commission further finds that revolving signs are a distraction to motorists because they unduly divert the driver's attention from the road and traffic for periods of time greater than stationary signs; and WHEREAS, the aforesaid constitutes a rational basis and substantial government interest upon which this Ordinance may properly prohibit trailer and revolving signs; and WHEREAS, this Ordinance also directly furthers the government interests stated herein, and reaches no further than necessary to accomplish those interests; and WHEREAS, the City Commission of Winter Springs hereby deems this Ordinance to be in the best interest of the public health, safety and welfare of the citizens of Winter Springs, City of Winter Springs Ordinance No. 2001-09 Page 1 of4 NOW, THEREFORE, THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Winter Springs Code Section 16-57 is hereby amended as follows: (underlined type indicates additions and type indicates deletions). Section 16-57 Prohibited signs The following signs are prohibited: (1) Snipe signs; (2) Freestanding signs; (3) Obscene signs; (4) Hazardous signs; (5) Flashing, running or revolving signs; (6) Bus stop shelter signs; (7) Any sign placed on public right-of-way for more than twenty-four (24) hours which does not comply with this regulation; (8) Balloon displays; (9) Spot or search lights; (10) Trailer signs. Section 2. Winter Springs Code Section 16-79 is hereby amended as follows: (underlined type indicates additions and type indicates deletions). City of Winter Springs Ordinance No. 2001-09 Page 2 of4 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or prevision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. City of Winter Springs Ordinance No. 2001-09 Page 3 of4 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 26th day of February ,200l. Paul P. Partyka, Mayor ATTEST: Andrea Lorenzo-Luaces, City Clerk APPROVED AS TO LEGAL FORM AND SUFFICIENCY FOR THE CITY OF WINTER SPRINGS ONLY: Anthony A. Garganese, city Attorney First Reading: February 12, 2001 Second Reading: February 26, 2001 Effective Date: February 26, 2001 City of Winter Springs Ordinance No. 2001-09 Page 4 of 4 NOTICE OF PROPOSED CHANGES TO SEC1TION 16 WINTER SPRINGS CODE OF ORDINANCES NOTICE IS HEREBY GIVEN THAT THE CITY COMMIS- SION OF THE CITY OF WIN- TER SPRINGS WILL HOLD A PUBLIC HEARING FOR THE SECOND READING ON PRO- POSED ORDINANCE 2001-09 TO CONSIDER AMEND- MENTS TO SECTION 16 OF THE CITY CODE RELATING TO SIGNS. A PUBLIC HEARING ON THE PROPOSED ORDINANCE WILL BE HELD ON FEBRU- ARY 26, 2201 AT 6:30 P.M. AT THE WINTER SPRINGS CITY HALL. ORDINANCE 2001-09 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORI- DA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, SECTION 16-57 AND SECTION 16-79 DEALING WITH TRAILER AND REVOLV- ING SIGNS; PROVIDING FOR THE REPEAL OF INCONSIS. TENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY ; AND PRO- VIDING FOR AN EFFECTIVE DATE. A PUBLIC HEARING ON THE SECOND READING OF PRO- POSED ORDINANCE 2001-09 WILL TAKE PLACE AT THE CITY COMMISSION CHAM- BERS IN CITY HALL AT 1126 EAST STATE ROAD 434, WIN TER SPRINGS, FLORIDA. IN TERESTED PERSONS MAY ATTEND AND BE HEARD. FOR MORE INFORMATION CALL 327-1800 #227 PERSONS WITH DISABILlTES NEEDING ASSISTANCE TO PARTICIPATE IN ANY OF THESE PROCEEDINGS SHOULD CONTACT THE EM- PLOYEE RELATIONS DE- PARTMENT COORDINATOR 48 HOURS IN ADVANCE OF THE MEETING AT (407) 327- 1800. THIS IS A PUBLIC HEARING IF YOU DECIDE TO APPEAL ANY DECISION OR RECOM MENDATION MADE BY THE CITY COMMISSION WITH RE SPECT TO ANY MATTER CONSIDERED AT THIS MEET- ING YOU WILL NEED A RE CORD OF THE PROCEED INGS AND, FOR SUCH PURPOSES, YOU MAY NEED TO INSURE THAT A VERBA TIM RECORD OF THE PRO CEEDINGS IS MADE UPON WHICH THE APPEAL IS TO BE BASED. Andrea Lorenzo-Luances City Clerk Feb. 16, 2001 The Orlando Sentinel Published Daily State of Florida COUNTY OF ORANGE Before the undersigned authority personally appeared DEBORAH TONEY , who on oath says that he/she is the Legal Advertising Representative of The Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a NOTICE OF PROPOSE in the matter of Ord. 2001-09 in the Seminole Court was published in said newspaper in the issue; of 02/16/01 Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS ,in said SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said Seminole County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknolwedge before me this 16th day of FEB. 2001, by DEBORAH TONEY who is personally known to me and who did take an oath. Beverly C. Simmons