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HomeMy WebLinkAboutOrdinance 2002-22 Utility System ORDINANCE NO. 2002-22 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, RELATING TO THE ACCESS AND PROTECTION OF THE CITY'S UTILITY SYSTEM BY AMENDING CHAPTER 12, ARTICLE III ENTITLED [MOTOR VEHICLES AND TRAFFIC] REGULA TIONS AND AMENDING CHAPTER 19, BY CREA TING A NEW ARTICLE VII ENTITLED UTILITY PROTECTION AND ENFORCEMENT; PROVIDING IT IS UNLAWFUL TO PARK A MOTOR VEHICLE WITHIN THREE FEET OF A CITY UTILITY METER; PROVIDING THAT UTILITY METERS SUPPLIED BY THE CITY REMAIN THE PROPERTY OF THE CITY; PROVIDING PENALTIES FOR TAMPERING OR RESTRICTING ACCESS TO CITY UTILITY FACILITIES; PROVIDING CITY EMPLOYEES WITH ACCESS TO PRIVATE PROPERTY TO INSPECT AND MAINTAIN CITY UTILITY FACILITIES; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORA TION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under S 2(b), Art. VIII of the State Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Chapter 180, Florida Statutes, authorizes the city to provide water and alternative water supplies through a distribution system and to provide for the collection and disposal of sewage, including wastewater; and WHEREAS, it is implicit in the power to provide municipal services that the City also enjoy the power to construct, maintain and operate necessary facilities. Cooksey v. Utilities Commission, 261 SO.2d 129 (Fla. 1972) [emphasis added]; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordinance No. 2002-22 Page 1 of 6 NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are true and correct and are fully incorporated herein by this reference. Section 2. Code Amendment. The City of Winter Springs Code Chapter 12 is hereby amended as follows: (underlined type indicates additions and type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 12. It is intended that the text in Chapter 12 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 12 - MOTOR VEHICLES AND TRAFFIC * * * ARTICLE III. REGULATIONS DIVISION 1. GENERALLY * * * Sec. 12-54. Impoundment and redemption of illegally parked or abandoned vehicles. Members of the police department shall be vested with the authority and it shall be their duty to impound any unoccupied vehicle parked in violation of any of the parking regulations of the city where such vehicle impedes traffic, creates a traffic hazard, obstructs access to the city's utility facilities. including but not limited to. utility lines. lift stations. fire hydrants and water meters. or appears to be abandoned. Thereafter, such vehicle shall be released to the duly identified owner thereof only upon the payment of any fine and the storage, towing, and other impounding charge(s). The police department shall exercise due diligence to identify and notify the owner. * * * DIVISION 2. STOPPING, STANDING, PARKING Sec. 12-65. General prohibitions. Except when necessary to avoid conflict with other traffic or to comply with law or the directions of a police officer or official traffic control device, no person shall: (1) Stop, stand, or park a vehicle: a. On any roadway; b. On a sidewalk; c. Within an intersection; d. On a crosswalk or within ten (10) feet of a crosswalk; e. Between a safety zone and the adjacent curb or within thirty (30) feet of points on the curb immediately opposite the end of the safety zone; City of Winter Springs Ordinance No. 2002-22 Page 2 of 6 f Alongside or opposite any street excavation or obstruction; g. Upon any bridge or other elevated structure; h. Upon a highway or within a highway tunnel; 1. On any railroad tracks; J. At any place where official signs prohibit stopping; (2) Stand or park a vehicle whether occupied or not, except momentarily to pick up or discharge a passenger or passengers: a. In front of a public or private driveway; b. Within fifteen (15) feet ofa fire hydrant; c. Within twenty (20) feet of a crosswalk at an intersection; d. Within thirty (30) feet upon the approach to any flashing signal, stop sign, or traffic control signal located at the side of a roadway; e. Within twenty (20) feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of such entrance, when property signposted; f At any place where official signs prohibit standing; &- Within three (3) feet of a city utility meter. (3) Park a vehicle, whether occupied or not, except temporarily for the purpose of, and while actually engaged in, loading or unloading merchandise or passengers: a. Within fifty (50) feet of the nearest rail of a railroad crossing, unless the department of transportation establishes a different distance due to unusual circumstances; b. At any place where official signs prohibit parking; (4) No person shall move a vehicle not owned by such person into any prohibited area. Section 3. Code Amendment. The City of Winter Springs Code Chapter 19 is hereby amended as follows: (underlined type indicates additions and strikeout type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 19. It is intended that the text in Chapter 19 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this Ordinance). CHAPTER 19 - UTILITIES * * * ARTICLE VIII. UTILITY PROTECTION AND ENFORCEMENT Sec. 19-300. Utility Meters to be furnished by and remain property of city; all water must pass through meter. City of Winter Springs Ordinance No. 2002-22 Page 3 of 6 (a) All primary utility meters furnished, read and serviced by the city shall remain the property of the city and shall be accessible and subiect to its control. The customer shall provide meter space to the city at a suitable and readily accessible location satisfactory to the city. (b) That portion of the customer's installation for water service shall be so arranged that all water service shall pass through the meter. No temporary pipes, nipples or spacers are permitted and under no circumstances are connections allowed which may permit water to bypass the meter or metering equipment. Sec. 19-301. Right of entry of authorized agents or employees. (a) Duly authorized agents and employees ofthe city bearing proper credentials and identification shalL during daylight hours or if called out after dark for emergency service, have free access to any city utility facility for the purpose of examining and maintaining the condition of city utility facilities, fixtures, service pipe lines, and such other purposes as may be proper to protect the interest of the city's utility system or reading or repairing any city utility meters located thereon, or turning the supply of water or such other city-provided utility to the premises off or on. (b) The owner or occupant of any premises is prohibited from permitting any shrubbery or other obstruction to be or remain situated in such place that it interferes with access by duly authorized employees or agents of the city to city utility facilities. The owner or occupant of any premises shall also be prohibited from permitting any dog or other animal under their control to interfere with such access. (c) If access to any city utility facility for the purposes herein described is impaired or denied, the city shall be authorized to discontinue supplying water or such other city-provided utility to the premises upon which such impairment or denial of access occurs. Such services shall be discontinued until such time access is allowed and the city has completed the examination required by this Section. Sec. 19-302. Tampering with city utility system. (a) It shall be unlawful for any person to tamper, interfere, or in any way intermeddle with any city utility facility, including the city's water and sewer treatment plants, wells, reservoirs, or basins, or with utility mains, pipes, plugs, meters, lift stations, or connections inside or outside of the city limits. (b) Replacement costs due to damages from tampering with the city's utility system by any person other than a city employee or duly authorized agent will be the responsibility of the person causing the damage or the customer, if said damage occurs on the customer's property. If a customer connects to a city utility which requires a city-supplied meter registering the consumption, and the customer uses the utility without such a meter, service will be terminated and the customer will be City of Winter Springs Ordinance No. 2002-22 Page 4 of 6 responsible for paying for the service received and reimbursing the city for all charges incurred in terminating the service. Sec. 19-303 Trespass. It shall be unlawful for any person to enter upon or remain on any property used by the city for its utility facilities that are segregated. controlled and secured exclusively by the city. such as the water and wastewater treatment plants. The facilities may additionally be posted with no trespassing signs and/or fenced. Sec. 19-304. Enforcement. Any violation of this Article may be enforced by civil citation under Section 2-66 et seq. of the City Code. as a Class IV violation. or as otherwise provided by law. Section 4. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of prior ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 5. 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 6. Severability. If any section, subsection, sentence, clause, phrase, word or provision 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 7. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and as provided by the City Charter. [This space left intentionally blank; Signatures are on the next page.] City of Winter Springs Ordinance No. 2002-22 Page 5 of 6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 22nd day of July , 2002. PAULP. 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: July 8, 2002 Second Reading: July 22, 2002 Effective Date: July 22, 2002 City of Winter Springs Ordinance No. 2002-22 Page 6 of 6 CITY OF WINTER SPRINGS ACCESS AND TAMPERING OF THE CITY'S WATERWORKS FACILITIES The City of Winter Springs proposes to adopt the follow- ing Ordinance, as stated be- low: ORDINANCE NO. 2002 . 22 AN ORDINANCE OF THE CITY COMMISSION Of THE CITY Of WINTER SPRINGS. FLORI. DA. RELATING TO THE AC. CESS AND TAMPERING Of THE CITY'S WATERWORKS FACILITIES BY AMENDING CHAPTER 12, ARTICLE III EN. TITlED REGULATIONS AND CHAPTER 19. ARTICLE II EN. TITLED WASTEWATER SYS. TEM Of THE CITY CODE, PRO. VIDING IT IS UNLAWfUL TO PARK A MOTOR VEHICLE WITHIN THREE FEET OF A CITY UTILITY METER: PROVIDING THAT UTILITY METERS SUPPLIED BY THE CITY REMAIN THE PROPERTY OF THE CITY; PROVIDING PENALTIES FOR TAMPERING OR RESTRICTING ACCESS TO CITY FACILITIES; PROVIDING CITY EMPLOYEES WITH AC. CESS TO PRIVATE PROPERTY TO INSPECT AND MAINTAIN CITY UTILITY FACILI TIES: PROVIDING FOR THE REPEAL OF PRIOR INCONSIS. TENT ORDINANCE AND RES. OLUTlONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEV. ERABllITY; AND PROVIDING FOR AN EFFECTIVE DATE. A Public Hearing for the Second Hearing of proposed Ordinance 2002.22 will be held on July 22, 2002 at 7 pm or soon thereafter, at the Commission Chambers, City of Winter Springs City Hall, 1126 East State Road 434 Winter Springs, Florida. In- terested parties may appear at the meeting and be heard regarding this matter. The proposed Ordinance may be inspected by inter- ested parties between 8 a.m. and 5 p.m. Monday through Friday, at the City's Clerk's Office at 1126 East Stote R009 434, Winter Springs, Florida. For more informa- tion call (407) 327,1800 #277, Persons with disabilities needing assistance to partic- ipate in any of these pro- ceedings should contact the Employee Relations Depart- ment Coordinator, 48 hours in advance of the meeting at (407) 327.1800 #326. This is a Public Hearing. If you decide to appeal any decision made oy the City Commis- sion with respect to any matter considered at this meeting, you will need a re- cord of the proceedings, and for such purposes, you may need to ensure that a verba- tim record of the proceed- ings be made upon which the appeal is based. Andrea Lorenzo Luaces City Clerk CSEL4558622 July 12, 2002 Orlando Sentinel State of Florida SS COUNTY OF ORANGE Before the undersigned authority personally appeared BEVERLY C. SIMMONS , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement being a CITY OF WINTER SP in the matter of ORDINANCE #2002-2 in the Seminole Court was published in said newspaper in the issue; of 07/12/02. Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS in said Seminole County, Florida, an 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. Linda Bridgewater The foregoing instrument was acknowledged before me this 12th day of July, 2002 , by BEVERLY C. SIMMONS who is personally known to me and who did take an oath. (SEAL) DEBORAH M. TOMEY MY COMM EXP. 11/15/2005