0850 Defining Junk and/or Derelict Vessels ORDINANCE NO. 850
AN ORDINANCE OF THE CITY OF OKEECHOBEE,FLORIDA AMENDING
• ORDINANCE NO. 824, CODE OF ORDINANCES, CHAPTER 30
THEREOF;AMENDING SECTION 30-31 TO PROVIDE FORA DEFINITION
OF "JUNK;" FOR THE REGULATION AND PLACEMENT OF JUNK
WITHIN THE CITY; CREATING PROVISIONS TO PROVIDE FOR
PROHIBITIONS OF ITEMS DEFINED AS JUNK IN CERTAIN ZONING OR
LAND USE DISTRICTS WITHIN THE CITY; AMENDING SECTION 30-38
THEREOF TO REGULATE DOCKING OF VESSELS ALONG TAYLOR
CREEK; REGULATE ENVIRONMENTAL CONTROL;AND PROVIDE FOR
PENALTIES THEREFORE; AMENDING SECTION 30-86 TO ADDRESS
NOISE REDUCTION REQUIREMENTS, TO PROVIDE FOR
ENFORCEMENT; TO PROVIDE FOR REGULATIONS FOR EXISTING
NONCONFORMING USES; TO PROVIDE FOR SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida has a legitimate interest in the restriction of
junk yards and the placement of items defined as "junk" in City Codes at places
within the City, whether on public or private property, to encourage the aesthetic
beauty of the City; prevent public nuisances; prevent accumulation of trash and
litter; and other concerns for the public safety and welfare of its citizens; and
WHEREAS Article II of said Code sets forth regulation of nuisance in reference to
Taylor Creek, and the regulation of this navigable waterway, the vessels that dock
along the creek, and ensuring its environmental integrity is necessary and important
to the city of Okeechobee, and may be regulated pursuant to Florida statutes
376.19; and
WHEREAS, Article III of said Code which sets forth noise reduction and abatement
requirements does not provide for exceptions for certain events that the City deems
to be desirable from time to time in the City, and which events provide a benefit to
the citizens of Okeechobee as a whole; and
WHEREAS,during the recent re-writing of City Codes, Ordinances and Land Development
Regulations, the provisions of previous Code Sections in Chapter Eight of the Code
of Ordinances, certain sections of the Chapter were deleted or inadvertently not
included in current Codes found in Chapter 30 of the Land Development
Regulations, which Sections concerned junk property and nonconforming uses
presently existing in the City; and
WHEREAS,for these legitimate interests of the City herein stated, the City Council for the
City of Okeechobee, Florida has determined that City Codes need to address the
definition of, and the placement of junk items, provide for any current nonconforming
use, and provide adequate enforcement of such Codes;
NOW, THEREFORE, it is ordained before the City Council for the City of Okeechobee,
Florida; presented at a duly advertised public meeting; and passed by majority vote
of the City Council and properly executed by the Mayor or designee, as Chief
Presiding Officer for the City:
I. Junk.
The definition of"junk" as set forth in Section 30-31 is amended to read:
Junk means items that include but is not limited to, scrap metal, used tires,
and those items such as dismantled or partially dismantled non-operative or
• discarded machinery, appliances, household items; equipment, motor
vehicles, motorcycles, tractors, motors, farm implements, trailers, frames or
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parts thereof, and used boats and vessels. The intent of the city is to totally
ban such items from public view as provided in this article. Accordingly, for
purpose of this definition, it is immaterial whether the junk items are claimed
• to have inherent value;whether such junk is evidenced by a title or certificate
or origin; whether it is accumulated for salvage, resale or rehabilitation; or
whether the items could eventually be made to be operative. This article shall
not prevent authorized garage or yard sales, or displays at permitted non-
profit events, or festivals.
II. Existing Code Section 30-40
The existing provisions of Chapter 30-40, subparagraphs(a)and (b)thereof,
remain unchanged by this Ordinance and remain in full force and effect.
III. Amendment to Code Section 30-40
Chapter 30-40 of the is amended by adding the following subparagraphs
therein:
Section 30-40. Junk.
(c) No owner or tenant, or authorized agent thereof, or custodian of any
real property, commercial or industrial establishment, or private
property owner within the City of Okeechobee, at any time place,
dump, deposit, or otherwise permit or allow such placement, of
abandoned property, junk, trash, rubbish, litter as defined by F.S.
403.413,or as by this ordinance,any garbage, stagnant water,waste,
refuse, hazardous materials or other junk items on or at any location
within the City of Okeechobee, regardless of zoning or land use
designations; nor additionally cause or allow such items to be placed
or located on any place or portion of the property if such would create
a public nuisance, or hazard to the safety or welfare of the citizens or
visitors to the City of Okeechobee. This prohibition shall not include
garbage, refuse or yard trash properly set out for routine solid waste
pickup by the authorized solid waste provider in the City.
(d) Excepted from this general prohibition in subparagraph (c) is any
established area within the City of Okeechobee that would be defined
as a junkyard by local ordinance, or by State Statute 339.241, or
Federal Code 23 U.S.C. 136, and that lawfully pre-existed the
prohibition of such junkyards by City ordinance on August 8, 1978,
and would be considered a nonconforming use under current Land
Development Regulations. For any such existing nonconforming uses
within the City of Okeechobee, the following standards are imposed
for the protection of the City, its citizens and visitors:
1. It is the express policy of the City that junkyards and the placement
of junk items, by its nature, constitute an eyesore, and cause
environmental hazards that are not acceptable within the City of
Okeechobee.Accordingly, and for such non-conforming use, items of
junk shall not be placed in open view of the public for display,
advertising, sale, or hawking purposes. Any item defined as junk by
this Ordinance, or state or Federal laws, shall be located in an area
of the real property no less than a fifty(50)foot set back from the front
property line; twenty (20) foot setback from side property lines; and
twenty (20) foot set back from rear property lines. The junk shall not
be viewable from public rights of way, and shall be obscured from
ordinary view of those persons passing upon the highways and
• municipal rights of way in the City of Okeechobee. If not otherwise
obscured by foliage or shrubbery that complies with applicable City
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Codes, the junk shall be obscured by the erection of an opaque
fence, with a minimum height of eight (8) feet. Any fence so placed
shall not be permitted to encroach into the front property line set
• backs for the zoning district regardless of other Codes to the contrary.
The fencing material shall be either constructed of wood, or by
hurricane fencing, with plastic slats woven through the fence fabric to
make it obscure. Any fence so constructed shall comply with all other
applicable City permitting process and Codes.
2. In the event the real property on which the junk is located is greater
than one hundred (100) feet in width from side property line to side
property line, there shall be placed a thirty (30) foot unobstructed
vehicle access lane from the front property line to the rear property
line for ingress and egress for fire and emergency services, and a
similar thirty (30) foot lane placed for every additional one hundred
(100) feet of the width of the real property.
3. Any location meeting the definition of a junkyard under this ordinance
or Florida Statutes 339.241, "Florida Junkyard Control Law", and as
hereafter amended, shall be open at all regular business hours for
inspection by environmental or Law Enforcement Officers, City Code
Compliance Officers, and Litter Enforcement Officer, to determine
compliance with this ordinance and state laws.
4. Compliance by a property owner, tenant or agent with these Code
provisions shall not preclude an action for relief and enforcement by
the City under applicable state statutes to enjoin a pubic nuisance, if
in the opinion of the City the property and its contents do in fact
constitute a public nuisance under state laws or these Ordinances.
IV. PROTECTION OF TAYLOR CREEK
That section 30-38 of the Code of Ordinances is amended to read:
(a) No person shall throw, place or deposit or cause to be thrown, placed
or deposited into Taylor Creek, the canals feeding into Taylor Creek,
or on the shore thereof, within the City, any trash, garbage, dead fish,
manure, decayed food, filth, litter, monofilament line or net, or
property of any nature, or any hazardous materials, chemical, or
petroleum product, or an item which by its odor, decay,
decomposition, or chemical make-up, would or could become
offensive to persons residing or boating in the vicinity thereof; which
would be considered an environmental hazard; or which would create
a nuisance.
(b) No person shall store or leave any vessel as defined by maritime law
in a wrecked, junk, or substantially dismantled condition, or
abandoned upon or in any public water without the consent of the
agency having jurisdiction thereof; or docked at any private property
without the consent of the owner of said property.
(c) No person who owns, operates, stores or docks any vessel as defined
by maritime law shall cause, or permit any petroleum product or
chemical, or wastewater tank, to leak or be placed into Taylor Creek,
and the canals feeding into Taylor Creek, excepting only such oil
residue as is considered normal in the operation of a properly running
engine or motor attached to the vessel.
• (d) The City of Okeechobee may enforce these provisions pursuant to
chapter 162 Florida Statutes, in addition to, and not in lieu of, other
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local, state and federal remedies available to the City by ordinance,
statute or rule.
• V. NOISE.
That Section 30-86 of the Code of Ordinances is amended to read:
Section 30-86. Exemption for certain activities.
Any event that would generate or produce noise in levels that would
constitute a violation of this article and which is made between the hours of
6:00 a.m. and 12:00 midnight shall be exempt from this article, if:
a. The event is temporary in nature.
b. The event is a properly permitted festival, parade, carnival, or fund
raising activity sponsored by a non-profit, religious, or veteran's
association.
c. The event constitutes construction activity, if the landowner,tenant or
authorized agent possesses a valid construction or building permit
issued by the City, but the time limit for this activity shall cease at
10:00 p.m.
SEVERABILITY.
In the event any portion of this ordinance as amended, should be deemed to be
unenforceable by a court of competent jurisdiction,the remainder shall remain in full
force and effect.
EFFECTIVE DATE.
This ordinance shall become effective immediately upon it adoption.
INTRODUCED for first reading and public hearing on the 6th day of January, 2004.
James E. irk, Mayor
ATTEST: •
Lane Gamiotea, CI y Clerk
ADOPTED after second reading and second public hearing on the 20th day of January,
2004.
•
• / James E. Kirk, Mayor
ATTEST:
(LPL
Lan Gamiotea, ity Clerk
REVIEWED FOR LEG SUFFICIENCY:
Jo n R. Cook, City Attorney
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