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8-g - Amendments to Sections of the Code of Ordinances – Multiple Issues
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8-g - Amendments to Sections of the Code of Ordinances – Multiple Issues
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1/23/2018
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Regular Meeting
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Agenda
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8-g
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ORANGE COUNTY <br />BOARD OF COMMISSIONERS <br />ACTION AGENDA ITEM ABSTRACT <br /> Meeting Date: January 23, 2018 <br /> Action Agenda <br /> Item No. 8-g <br /> <br />SUBJECT: Amendments to Sections of the Code of Ordinances – Multiple Issues <br /> <br />DEPARTMENT: County Attorney <br /> <br /> <br />ATTACHMENT(S): INFORMATION CONTACT: (919) <br />Resolution of Amendment with Exhibits <br /> <br />John Roberts, County Attorney, 245- <br />2318 <br /> <br />PURPOSE: To approve a resolution amending sections of the Code of Ordinances (Code) <br />which are out of date, no longer relevant, or not in compliance with state or federal law. <br /> <br />BACKGROUND: This item is a follow up to the work session item of November 9, 2017 during <br />which the Board of Commissioners directed several amendments to the Code. The purpose and <br />effect of the amendments is as follows: <br /> <br />o Repeal a portion of Chapter 6; Insulation Contractors---This ordinance is outdated <br />and has not been enforced for at least 14 years. Since the adoption of this <br />ordinance the State Building Code has been substantially amended making future <br />enforcement of the ordinance impossible due to the multiple alternative <br />compliance methods available to contractors within the State Building Code. <br /> <br />o Remove Chapter 10; Cable Communications---This ordinance is essentially a <br />franchise ordinance template. Local authority to franchise and thereby regulate <br />cable communications was repealed by the legislature in 2006 and Orange <br />County’s franchise expired in 2009. This chapter is recommended for removal for <br />maintenance outside the Code with other franchise ordinances in the event the <br />authority is restored at a later time. <br /> <br />o Repeal a portion of Chapter 18; Skateboarding---This ordinance is outdated and <br />criminalizes skateboarding on county property. The Orange County Facilities Use <br />Policy currently prohibits skateboarding on county property without appropriate <br />authorization but does not criminalize the act. <br /> <br />o Repeal a portion of Chapter 18; Animals---This ordinance is out of date and likely <br />not in compliance with the U.S. Constitution or the Americans with Disabilities Act. <br />The subject matter is addressed by the Orange County Facilities Use Policy in a <br />lawful manner. <br /> <br />o Amend a portion of Chapter 18; Weapons---The ordinance as currently written is <br />not compliant with state law. The County previously had attempted to keep <br />concealed firearms off of playgrounds. However, the General Assembly later <br />1
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