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HomeMy WebLinkAboutOrdinance 2004-41 Hurricane Charley EMERGENCY ORDINANCE NO. 2004-41 AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ADOPTING EMERGENCY REGULATIONS TO ADDRESS THE AFTERMATH OF HURRICANE CHARLEY; PROHIBITTING PRICE GOUGING AND UNCONSCIONABLE PRICES PER SECTION 501.160, FLORIDA STATUTES; SUSPENDING CERTAIN PROVISIONS OF THE ARBOR ORDINANCE AND ESTABLISHING A TEMPORARY WORK PERMIT REQUIREMENT; AUTHORIZING THE CITY MANAGER TO EXECUTE CERTAIN DISASTER RECOVERY AGREEMENTS BY PIGGY BACKING ON CONTRACTS ENTERED INTO BY SEMINOLE COUNTY; WAIVING COMPETITIVE BIDDING REQUIREMENTS ON CONTRACTS REQUIRED TO CLEAN-UP DEBRIS, RESTORE UTILITIES, AND MAKE EMERGENCY REPAIRS ON PUBLIC PROPERTY; AUTHORIZING THE CITY MANAGER TO ENTER INTO TEMPORARY LEASE AGREEMENTS WITH PROPERTY OWNERS FOR PURPOSES OF CREATING TEMPORARY WASTE REDUCTION SITES AND STAGING AREAS; PROVIDING FOR SEVERABILITY, EFFECTIVE DATE, AND A THIRTY DAY EXPIRATION DATE. WHEREAS, the City is granted the authority, under S 2(b), Art. VIII of the Florida Constitution, to exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, on August 10, 2004, Governor Jeb Bush declared a state of emergency under Executive Order Number 04-182 due to Hurricane Charley; and WHEREAS, on August 12,2004, Seminole County also declared a state of local emergency; and WHEREAS, Hurricane Charley caused substantial and extensive damage in the City of Winter Springs including, but not limited to, down trees, loss of electric power, damaged property, and loss of phone service; and WHEREAS, given the substantial and extensive damage caused by Hurricane Charley, the City of Winter Springs must take extraordinary measures to protect the public health, safety, and welfare; and City of Winter Springs Ordinance 2004-41 Page 1 of 3 WHEREAS, the City Commission of the City of Winter Springs, Florida, has determined it to be in the best interest of the safety, health, and welfare of the citizens of the City of Winter Springs to adopt this Ordinance. 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 hereby incorporated herein by this reference as legislative findings of the City Commission. Section 2. Price Gouging and Unconscionable Prices. It is hereby declared a violation of the City Code for any person or entity to engage in price gouging or unconscionable pricing regarding the sale or lease of any commodity as set forth in Section 501.160, Florida Statutes. The term commodity is defined in Section 501.160, Florida Statutes and includes, but is not limited to, the sale of goods and services. In addition to any other penalty provided by law, any violation of this section is hereby declared irreversible and irreparable and subject to civil penalty not to exceed $5,000.00. The City Manager is hereby authorized to revoke any occupational license or work permit issued by the City to any person or entity cited by the City or any other government entity for violating the provisions of this section or Section 501.160, Florida Statutes. Upon revocation, said person or entity shall immediately cease and desist operations and the sale or lease of any commodity within the City of Winter Springs. Any revocation decision may be appealed to the City Commission by providing written notice to the City Manager within ten (10) days of the revocation decision by the City Manager. The City Commission shall hear the appeal at the next regularly scheduled city commission meeting and afford due process provided by law. Section 3. Suspension of Certain Arbor Code Provisions. Notwithstanding any contrary provision set forth in Chapter 5, Arbor Ordinance, no permit application or fee is required to remove or trim any tree damaged by Hurricane Charley. Section 4. Disaster Recovery Agreements The City manager is hereby authorized to piggy back on any disaster recovery contract approved by Seminole County for purposes of cleaning up any debris caused by, or resulting from, Hurricane Charley. Section 5. Waiving Competitive Bidding. In order to facilitate and expedite disaster recovery, competitive bidding is hereby waived for all city purchases required to clean-up debris, restore or repair city utilities, and make emergency repairs to public property. The City Manager should, however, attempt to obtain the most competitive pricing available given the circumstances. Section 6. Temporary Leases of Real Property. The City manager is hereby authorized to enter into any temporary lease agreement for real property which is City of Winter Springs Ordinance 2004-41 Page 2 of3 necessary for creating and operating a temporary waste reduction and staging area to process and remove debris. Section 7. 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 8. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to City Charter, and shall expire thirty (30) days from the effective date unless sooner repealed by the City Commission. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the 16th day of August, 2004. ATTEST: ANDREA LORENZO-LUACES CITY CLERK CITY OF WINTER SPRINGS, FLORIDA JOHN F. BUSH, MAYOR Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney City of Winter Springs Ordinance 2004-41 Page 3 of3 NOTICE OF ORDINANCE CHANGE CITY OF WINTER SPRINGS Notice of Amendment of Chapter 10, Pertaining to Adult Entertainment Establishments ORDINANCE NO. 2003-41 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 10, ARTICLE III, OF THE WINTER SPRINGS CITY CODE PERTAINING TO SEXUALLY ORIENTED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MATTERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLA- TIVE PURPOSES, FINDINGS AND INTENT; PROVIDING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZING OBSCENITY AS UNLAWFUL; PROVIDING FOR DEFINI- TIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROVIDING FOR AND REQUIRING LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVIDING FOR CLASSIFICATION OF LICENSES; PRO- VIDING FOR APPROVAL AND DENIAL bF LICENSE APPLICATIONS; PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLICANTS; PROVIDING FOR INVESTIGA- TIONS; PROVIDING FOR REAPPLICATION; PROVIDING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FILINGS, AND DECISIONS; PROVIDING FOR RESPONSffiILI- TIES OF CITY AND GOVERNMENT OFFICIALS AND DEPARTMENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHmITING THE TRANSFER OF LICENSES; PROVID- ING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROVIDING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGIS- TERS AND INSPECTIONS THEREOF; PROVIDING FOR DUTIES AND OBLIGATIONS; PROVIDING FOR PROHmITED ACTIVITIES AND UNLAWFUL ACTS BY ESTABLISH- MENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PRO- HffiITIONS; PROVIDING FOR LICENSEE CONSENT; PROVIDING FOR SPECIFIC PROVI- SIONS RELATING TO VARIOUS CATEGORIES OF LICENSEES; PROVIDING REGULA- TIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PROVIDING REGULATIONS FOR ADULT PERFORMANCE ESTAB- LISHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABLISHMENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULATIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULATIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHmITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBIT- ED ACTS BY WORKERS AND OPERATORS; PROVIDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHmITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVIDING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PROHmITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECUTION FOR CER- TAIN GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT ADULT ENTERTAIN- MENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, AND AN EFFEC- TIVE DATE. Notice Establishing a New Zoning District ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NEW ZONING DISTRICT CATEGORY ENTITLED "COMMERCE CENTER," PROVIDING GENERAL INTENT PREAM- BLE, LIST OF PERMITTED AND CONDITIONAL USES, AND BULK REGULA- TIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDI- NANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVER- ABILITY, AND AN EFFECTIVE DATE. The Adoption of these ordinances will affect all of Winter Springs PUBLIC HEARINGS FOR THE FINAL READING OF THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, FEBRUARY 9, 2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needing assis- tance to participate in any of these proceedings sbould contact the Employee Relations Department Coordinator, 48 bours in advance of the meeting at (407) 327-1800, #236. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any recommendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon whicb the appeal is based. NOTICE OF ORDINANCE CHANGE CITY OF WINTER SPRINGS Notice of Amendment of Chapter 10, Pertaining to Adult Entertainment Establishments ORDINANCE NO. 2003-41 AN ORDINANCE OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING CHAPTER 10, ARTICLE III, OF THE WINTER SPRINGS CITY CODE PERTAINING TO SEXUALLY ORIENT- ED BUSINESSES AND ADULT ENTERTAINMENT ESTABLISHMENTS, AND RELATED MAT- TERS; PROVIDING FOR A SHORT TITLE; PROVIDING FOR LEGISLATIVE PURPOSES, FIND- INGS AND INTENT; PROVIDING FOR CONSTRUCTION OF THE ORDINANCE; RECOGNIZ- ING OBSCENITY AS UNLAWFUL; PROVIDING FOR DEFINITIONS; PROVIDING FOR NOTICE; PROVIDING FOR PENALTIES, REMEDIES AND RELIEF; PROVIDING FOR AND REQUIRING LICENSES; PROVIDING FOR LICENSEE APPLICATIONS AND FEES; PROVID- ING FOR CLASSIFICATION OF LICENSES; PROVIDING FOR APPROVAL AND DENIAL OF LICENSE APPLICATIONS; PROVIDING FOR CONTINUING DUTIES UPON LICENSED APPLI- CANTS; PROVIDING FOR INVESTIGATIONS; PROVIDING FOR REAPPLICATION; PROVID- ING FOR TIME PERIODS FOR NOTICES, SUBMITTALS, FILINGS, AND DECISIONS; PRO. VIDING FOR RESPONSIBILITIES OF CITY AND GOVERNMENT OFFICIALS AND DEPART- MENTS; PROVIDING FOR EXPIRATION, LAPSE, CONTINUATION, TERMS, SUSPENSION, REVOCATION AND ENFORCEMENT OF LICENSES; PROHIBITING THE TRANSFER OF LICENSES; PROVIDING FOR ESTABLISHMENT NAME CHANGES; PROVIDING FOR LICENSE SUSPENSION AND REVOCATION PROCEDURES AND PROCEEDINGS; PROVID- ING FOR APPEALS; PROVIDING FOR WORKER RECORDS, CUSTOMER CONTRACTS AND DAILY REGISTERS AND INSPECTIONS THEREOF; PROVIDING FOR DUTIES AND OBLIGA- TIONS; PROVIDING FOR PROHIBITED ACTIVITIES AND UNLAWFUL ACTS BY ESTAB- LISHMENTS AND BUSINESSES, WORKERS, OPERATORS, AND CUSTOMERS; PROVIDING FOR GENERAL REQUIREMENTS, DUTIES, OBLIGATIONS, REQUIRED ACTS AND PROHI- BITIONS; PROVIDING FOR LICENSEE CONSENT; PROVIDING FOR SPECIFIC PROVISIONS RELATING TO VARIOUS CATEGORIES OF LICENSEES; PROVIDING REGULATIONS FOR SEXUALLY ORIENTED BUSINESSES; PROVIDING REGULATIONS FOR ADULT BOOK STORES/ADULT VIDEO STORES; PROVIDING REGULATIONS FOR ADULT THEATERS; PRO- VIDING REGULATIONS FOR ADULT PERFORMANCE ESTABLISHMENTS; PROVIDING REGULATIONS FOR COMMERCIAL BODILY CONTACT ESTABLISHMENTS; PROVIDING REGULATIONS FOR ESCORTS AND ESCORT SERVICE PROVIDERS; PROVIDING REGULA- TIONS FOR ADULT MODELING OR DISPLAY ESTABLISHMENTS; PROVIDING REGULA- TIONS FOR ADULT MODELS; PROVIDING REGULATIONS FOR PROHIBITED ACTS BY CUSTOMERS; PROVIDING FOR PROHIBITED ACTS BY WORKERS AND OPERATORS; PRO- VIDING FOR RECORDS AND REPORTS; PROVIDING OPERATIONAL REQUIREMENTS AND PROHIBITIONS; PROVIDING FOR USE OF RESTROOMS AND DRESSING ROOMS; PROVID- ING FOR THE PROTECTION OF MINORS; PROVIDING FOR HOURS OF OPERATION; PRO- HIBITING SEXUAL ENCOUNTER BUSINESSES; PROVIDING IMMUNITY FROM PROSECU- TION FOR CERTAIN GOVERNMENT OFFICIALS AND ACTS; RESTATING THAT ADULT ENTERTAINMENT ESTABLISHMENTS AND SEXUALLY ORIENTED BUSINESSES SHALL BE LOCATED IN INDUSTRIAL AREAS SUBJECT TO DISTANCE REQUIREMENTS FROM RESIDENTIAL AREAS, SCHOOLS, CHURCHES, AND PARKS AND RECREATIONAL AREAS; PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, AND AN EFFECTIVE DATE. (Public Hearing will be for the 2nd ofThree Readings) Notice Establishing a New Zoning District ORDINANCE NO. 2004-02 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, ESTABLISHING A NEW ZONING DISTRICT CATEGORY ENTITLED "COMMERCE CENTER," PROVIDING GENERAL INTENT PREAMBLE, LIST OF PERMITTED AND CONDITIONAL USES, AND BULK REGULATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. (Public Hearing will be for the 1st of Two Readings) Notice Regulating AduIt Amusement Centers ORDINANCE NO. 2004-03 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA, REGULATING ADULT ARCADE AMUSEMENT CENTERS; PROVIDING A DEFINITION OF ADULT ARCADE AMUSEMENT CENTERS; PROVIDING FOR ZON- ING AND LOCATIONAL STANDARDS, OPERATIONAL STANDARDS, PERMIT, LICENSE AND OTHER STANDARDS; PROVIDING TECHNICAL CONFORMING AMENDMENTS TO THE CITY CODE; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFECTIVE DATE. (Public Hearing will be for the 1 st of Two Readings) The Adoption of these ordinances will affect all of Winter Springs PUBLIC HEARINGS FOR THE READING OF THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, JANUARY 26, 2004 AT 6:30 P.M. OR SOON THEREAFTER IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA The proposed ordinances may be obtained by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 E. SR 434, Winter Springs, Florida. For more information, call (407) 327-1800 #227. Persons with disabilities needmg assistance to participate in any of these proceedings should contact the Employee Relations Department Coordinator, 48 hours in advance of the meeting at (407) 327-1800, #236. These are public hearings. Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. If you decide to appeal any reconunendation or decision made by the City Commission with respect to any matter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based.