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HomeMy WebLinkAbout2015 01 12 Public Hearings 501 First Reading Ordinance 2015-07 Amending Fireworks Ordinance 7-27COMMISSION AGENDA ITEM 501 Informational Consent Public Hearings X Regular January 12, 2015 KS KB Regular Meeting City Manager Department REQUEST: The City Attorney and Police Chief recommend the City Commission approve the First Reading of Ordinance 2015 -07 that addresses necessary administrative updates to Section 7- 27 of the City Code, as required by Florida Statutes. SYNOPSIS: Section 7 -27 of the City Code has been codified for over 20 years. This section currently contains a citation reference to the statutory definition of "fireworks" that is out of date. The proposed Ordinance corrects /updates the statutory reference. CONSIDERATIONS: 1. Staff recently discovered an out of date citation reference to an applicable Florida Statute in the City Code. The proposed Ordinance is a routine "housekeeping" matter updating the City Code consistent with applicable law. Specifically, the statutory definition of "fireworks" is no longer contained in the section referenced in the City Code. 2. The City Commission should take action to update the City Code. FISCAL IMPACT: There is no direct fiscal impact related to the adoption of this Ordinance other than staff and attorney time to prepare the Ordinance and Agenda Item. COMMUNICATION EFFORTS: This Agenda Item has been electronically forwarded to the Mayor and City Commission, Public Hearings 501 PAGE 1 OF 2 - January 12, 2015 City Manager, City Attorney /Staff, and is available on the City's Website, LaserFiche, and the City's Server. Additionally, portions of this Agenda Item are typed verbatim on the respective Meeting Agenda which has also been electronically forwarded to the individuals noted above, and which is also available on the City's Website, LaserFiche, and the City's Server; has been sent to applicable City Staff, Media/Press Representatives who have requested Agendas /Agenda Item information, Homeowner's Associations/Representatives on file with the City, and all individuals who have requested such information. This information has also been posted outside City Hall, posted inside City Hall with additional copies available for the General Public, and posted at five (5) different locations around the City. Furthermore, this information is also available to any individual requestors. City Staff is always willing to discuss this Agenda Item or any Agenda Item with any interested individuals. This item will also be advertised for Second Reading in the Orlando Sentinel if so moved. RECOMMENDATION: The City Attorney and Police Chief recommend that the City Commission approve Ordinance 2015 -07 on First Reading and authorize advertising the Ordinance for Second and Final Reading at a subsequent City Commission meeting. ATTACHMENTS: A- Ordinance 2015 -07 Public Hearings 501 PAGE 2 OF 2 - January 12, 2015 Attachment A ORDINANCE NO. 2015 - 07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, SEMINOLE COUNTY, FLORIDA; AMENDING SECTION 7 -27, REGULATION OF EXPLOSIVES, TO CONFORM CITATION REFERENCES TO FLORIDA STATUTES; PROVIDING FOR SEVERABILITY, REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS, INCORPORATION INTO THE CODE AND AN EFFECTIVE DATE. WHEREAS, the City 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, the City Commission of Winter Springs desires to modify Section 7 -27 of the City Code to conform applicable citation references to Florida Statues; 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. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by reference as legislative findings of the City Commission of Winter Springs. Section 2. Code Amendment. Section 7 -27 of the City of Winter Springs Code of Ordinances is hereby amended as follows (underlined type indicates additions and str-ikeetrt type indicates deletions): Sec. 7 -27. Regulation of explosives. No person(s) shall discharge or detonate, nor allow the discharge or detonation of any illegal fireworks, as defined by Section 791 - 01(x}, Florida Statutes, dynamite or any other explosive at any time within the city limits without the express permission of both the fire and police departments. Section 3. 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. City of Winter Springs Ordinance No. 2015 -07 Page 1 of 2 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. Grammatical, typographical, and like errors may be corrected and additions, alterations, and omissions, not affecting the construction or meaning of this Ordinance and the City Code may be freely made. Section 5. 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 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida, and pursuant to the City Charter. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on this day of , 2015. Charles Lacey, 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: Legal Ad Published: Effective Date: City of Winter Springs Ordinance No. 2015 -07 Page 2 of 2