2021-08-17 Ex 03ORDINANCE NO. 1236
AN ORDINANCE OF THE CITY OF OKEECHOBEE, FLORIDA;
REVISING SECTION 2-172 AND CHAPTER 34 OF THE CODE OF
ORDINANCES TO REFLECT CHANGES AS A RESULT OF THE CITY
ENTERING INTO AN INTERLOCAL AGREEMENT WITH OKEECHOBEE
COUNTY TO PROVIDE FIRE SERVICES WITHIN THE CITY; PROVIDING
FOR CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Okeechobee, Florida, entered into an interlocal agreement with
Okeechobee County on December 1, 2020, and amended on May 18, 2021,
whereby beginning on August 2, 2021, the City compensates the County to provide
fire protection services within the City ("Interlocal Agreement"); and
WHEREAS, as of August 2, 2021, the City no longer has a fire department, no longer
provides fire services within the City, and fire services are provided by
Okeechobee County; and
WHEREAS, Subsection 2.B. of the Interlocal Agreement provides that the County shall
assume authority and responsibility to enforce the Florida Fire Prevention Code.
NOW THEREFORE, be it ordained by the City Council of the City of Okeechobee, Florida;
presented at a duly advertised public meeting; passed by majority vote of the City
Council; and properly executed by the Mayor or designee, as Chief Presiding
Officer for the City:
SECTION 1: AMENDING CHAPTER 2.
Section 2-172 within Part II of the Code of Ordinances, Chapter 2-Administration,
Article III-Departments, Officers and Employees, Division-6 Departments and
Officers, for the City of Okeechobee Florida, is hereby amended to the following
extent:
Sec. 2-172. - Fire department.
There is hereby created and established a fire department. The head of the
department shall be known as the fire officer �+e# who shall be responsible for
fire protection �nrJ firo ;,,�no„+;,,r� except as otherwise provided in the interlocal
aqreement with Okeechobee County entered into on December 1, 2020, and
amended on May 18, 2021. �: ;��� �"„ I-��.� Tho�� �T�p���aF n�c
rmrr'a-i-rrc��--��1., h���� '—a- i� rr �cqaipr'�'i-r�e��rJ i n +h o r+r� �ra+� n r.�c
�'�^��*m�^�. The fire officer c�i+e# shall perForm such other duties as may be
prescribed by the city council.
SECTION 2: CHAPTER 34.
Sections 34-1, 34-32, and 34-33 within Part II of the Code of Ordinances, Chapter
34-Fire Protections and Prevention, Article I-In General and Article II-Fire
Prevention, for the City of Okeechobee Florida, is hereby amended to the following
extent:
Sec. 34-1. - Fire district.
The city affirms a fire district exists which encompasses the entire incorporated
limits of the citv. The City entered into an interlocal aqreement with
Okeechobee County on December 1, 2020, and amended on May 18, 2021,
wherebv beginning on August 2, 2021, the City compensates the Countv to
provide "Fire Services" within the City fire district ("Interlocal Aqreement"). The
Interlocal Agreement is herebv incorporated into this ordinance bv reference.
All requlations, requirements, and matters concerninq fire protection and
prevention within the City fire district are governed by the Okeechobee County
Code of Ordinances pursuant to the Interlocal Aqreement and other applicable
laws.
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Ordinance No. 1236 - Page 1 of 2
Language to be added is underlined.
Language to be deleted is strusk-threugh.
Sec. 34-32. - Chief designated fire official; duties; police powers.
The fire chief of Okeechobee County +"n,�-�";� is hereby designated as the fire
official within the City of Okeechobee pursuant to the Interlocal Aqreement
between the City and Okeechobee County executed on December 1, 2020.
The fire official shall enforce the provisions of this article and all state laws
under his jurisdiction, pertaining to the prevention, suppression or extinguishing
of fires. The fire official has the powers of a police officer in performing his
duties under this article.
Sec. 34-33. - Appeals.
Any person whose application for any permit, under the state fire prevention
code or this article, has been refused, or who feels aggravated by any decision
or action of the fire official in the enforcement of the fire prevention code or this
article may appeal to the maqistrate �^�� �''�fnrnomor�+ h„�r,� as provided by
section 18-33 of this Code.
SECTION 3: CONFLICT. That all Ordinances or parts of Ordinances in conflict
herewith are hereby repealed.
SECTION 4: SEVERABILITY. That if any clause, section, or other part of this
Ordinance shall be held invalid or unconstitutional by any court of competent
jurisdiction, the remainder of this Ordinance shall not be affected thereby but shall
remain in full force and effect.
SECTION 5: EFFECTIVE DATE. This Ordinance shall take effect immediately
upon its passage.
INTRODUCED for the First Reading and set for Final Public Hearing on this 17t" day of
Au ust 2021.
ATTEST:
Lane Gamiotea, CMC, City Clerk
Dowling R. Watford, Jr., Mayor
PASSED AND ADOPTED after Second and Final Public Hearing this 7t" day of
September 2021.
ATTEST:
Lane Gamiotea, CMC, City Clerk
REVIEWED FOR LEGAL SUFFICIENCY:
John J. Fumero, City Attorney
Ordinance No. 1236 - Page 2 of 2
Language to be added is underlined.
Language to be deleted is strusk-threugh.
Dowling R. Watford, Jr., Mayor