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HomeMy WebLinkAbout2002 07 22 Public Hearings B Second Reading - Ordinance 2002-22 Access and Tampering of City Utility Facilities COMMISSION AGENDA ITEM B Consent Informational Public Hearing x Regular / Dept. July 22-2002 Meeting Mgr. / REQUEST: The Public Works/Utility Director and City Attorney request the City Commission to consider Second Reading of Ordinance 2002-22 relating to access and tampering of City utility facilities by amending Chapter 12 and Chapter 19 of the City Code. PURPOSE: This Ordinance makes it unlawful for any person to tamper or interfere with the facilities of the City's utility system, including water meters. The ordinance provides for penalties and enforcement, but further provides the Police Department with authority to impound vehicles which are parked in such a manner as to impede the City's ability to service, maintain, or repair its utility system, including water meters. APPLICABLE LAW AND PUBLIC POLICY: Section 2(b), Article VIII, of the State Constitution Chapter 180, Florida Statutes. Page 10f2 CONSIDERATIONS: The utility department has experiences problems in the recent past with customers parking their vehicles intentionally upon the water meter boxes so that the meter cannot be read or the water service terminated. This impedes the ability of the City to read its meters and charge for services provided, but additionally could cause a dangerous condition if the service could not be interrupted if necessary. Additionally, some of the City's water meters are located within the fenced back yards of certain customers. In some cases dogs have impeded access, as well as, the customers directly denying access. Finally, the City Code does not provide any prohibition or penalty to activities which would interfere or intermeddle with the City's utility facilities. This would provide the City with additional tools to polices and safeguard its utility facilities, which are especially needed since the events of September 11th. STAFF RECOMMENDATION: The Public WorkslUtility Director and City Attorney recommend the City Commission adopt the second reading of Ordinance 2002-22. ATTACHMENT: Ordinance 2002-22 COMMISSION ACTION: Page 2 of2 F:\DOCS\City of Winter Springs\Agenda\Agenda,Waterworks Tampering Ord 072202,wpd ORDINANCE NO. 2002-22 AN ORDINANCE OF THE CITY COMMISION 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] REGULATIONS AND AMENDING CHAPTER 19, BY CREATING 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 PENAL TIES 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 INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Commission is granted the authority, under 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 strikeout 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. REGULATION 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 vehicles parked in violation of any ofthe 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 ofa 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.: 2002-23 Page 20f 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 of a 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; g. 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 the Ordinance). CHAPTER 19 - UTILITIES * * * ARTICLE VIII. UTILITY PROTECTION AND ENFORCEMENT Sec. 19-300. Utility Meters to be furnished bv and remain property of city~ all water must pass throu2;h meter. City of Winter Springs Ordinance No.: 2002-22 Page 3 of 6 ~ 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. {QJ 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. Ri2ht of entry of authorized a2ents or employees. @l Duly authorized agents and employees of the city bearing proper credential and identification shall, during daylight hours or if called out after dark for emergency service, have free access to any premises 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. iliJ 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. ~ If access to any premises 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. Tamperin2 with city utility system. illl 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 {QJ 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.: 2002-12 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 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 herby 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 on the next page] City of Winter Springs Ordinance No.: 2002-22 Page 5 of6 ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the day of ,2002 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: Second Reading: Effective Date: City of Winter Springs Ordinance No.: 2002-22 Page 6 of 6 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] REGULATIONS AND AMENDING CHAPTER 19, BY CREA TING A NEW ARTICLE vn 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 PENAL TIES 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 strikeout 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 m. 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; I. 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 of a 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 ofthe 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 VIll. UTILITY PROTECTION AND ENFORCEMENT Sec. 19-300. Utility Meters to be furnished by and remain property of citv~ all water must pass through meter. City of Winter Sllrings Ordinance No. 2002-22 Page 3 of 6 ill 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, (Q} 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. ill 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, (Q} 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, ill 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. ill 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, (Q} 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 paving for the service received and reimbursing the citv 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 anv property used by the city for its utility facilities that are segregated, controlled and secured exclusivelv 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 il1 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 ,')prings, Florida, in a regular meeting assembled on the 22nd day of July , 2002: " , ",,_~'I ATTEST: PAUL P. PARTYKA Mayor ANDREA LORENZO-LUACES City Clerk as to legal form and sufficiency for inter 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