Chapter 1 - GENERAL PROVISIONS

Subtitle A GENERAL ORDINANCES Chapter 2 - ADMINISTRATION Chapter 1 - GENERAL PROVISIONS

Sec. 1.01. - How Code Designated and Cited.

The ordinances embraced in the following Chapters and sections shall constitute and be designated the "Code of the City of Orlando, Florida," and may be so cited.

(Code 1948, § 1.01; Ord. of 10-11-1982, Doc. #17335)

Sec. 1.02. - Rules of Construction.

In the construction of this Code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the City Council:

(1)

Adult Bookstore. "Adult bookstore" is a place where books, magazines, records, photographs or moving pictures are sold, or a part of any business set aside as a place where books, magazines, records, photographs or moving pictures are sold, which has as its principal purpose the offering for sale to adults of books, magazines, records, photographs, moving pictures or other merchandise which have as their dominant or primary theme matters depicting, describing or relating to specified sexual activities.

(2)

Adult Motion Picture Theater. "Adult motion picture theater" is a place where motion pictures are shown, or a section, department, or part of any business set aside for the showing of motion pictures, which has as its principal purpose the offering for viewing to adults of motion pictures which have as their dominant or primary theme matters depicting, describing, or relating to specified sexual activities.

(3)

City. The words "the City" or "this City" shall be construed as if followed by the words "of Orlando, Florida."

(4)

City Attorney. The words "City Attorney" shall include the person designated as head of the Office of Legal Affairs.

(5)

City Health Officer. The words "City Health Officer" shall mean the City physician or such other officer designated as head of the Industrial Medical Unit.

(6)

Code. The words "the Code" or "this Code" shall mean the "Code of the City of Orlando."

(7)

Computation of Time. Whenever a notice is required to be given or an act to be done, a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall be counted in computing the time, but the day on which such proceeding is to be had shall not be counted.

(8)

Council. Whenever the words "Council" or "the Council" are used, they shall be construed to mean the City Council of the City of Orlando.

(9)

County. The words "the County" or "this County" shall mean the County of Orange.

(10)

Gender. A word importing the masculine or feminine gender only shall extend and be applied to males and females and to firms, partnerships and corporations.

(11)

Joint Authority. Unless otherwise specifically provided, all words giving a joint authority to three (3) or more persons or officers shall be construed as giving such authority to a majority of such persons or officers.

(12)

Keeper, Proprietor and Owner. The words "keeper," "proprietor" and "owner," except as regards ownership of land, shall mean and include persons, firms, associations, corporations, clubs and co-partnerships, whether acting by themselves or through a servant, agent or employee.

(13)

Mayor. The word "Mayor" shall mean the "Mayor-Commissioner" of the City.

(14)

Month. The word "month" shall mean a calendar month.

(15)

Municipal Court. Whenever in this Code the words "municipal court" may be used, same shall be construed to mean and refer to the County Court in and for Orange County, Florida.

(16)

Number. A word importing the singular number only may extend and be applied to several persons or things as well as to one person or thing and a word importing the plural number may extend and be applied to a single person or thing.

(17)

Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."

(18)

Or, And. "Or" may be read "and," and "and" may be read "or," if the sense requires it.

(19)

Owner. The word "owner," applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by entirety, of the whole or of a part of such building or land.

(20)

Person. The word "person" shall extend and be applied to associations, firms, partnerships, joint adventures, estates, trusts, syndicates, fiduciaries and bodies politic and corporate as well as to individuals.

(21)

Personal Property. "Personal property" includes every species of property, except real property, as herein defined.

(22)

Preceding, Following. The words "preceding" and "following" mean next before and next after, respectively.

(23)

Property. The word "property" shall include real and personal property.

(24)

Real Property. "Real property" shall include lands, tenements and hereditaments.

(25)

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curb line and the adjacent property line, intended for the use of pedestrians, excluding parkways.

(26)

Signature or Subscription. "Signature or subscription" includes a mark when the person cannot write.

(27)

Specified Sexual Activities. "Specified sexual activities" are any one or more of the following:

(a)

Depiction of human genitals in a state of sexual stimulation or arousal.

(b)

Acts of human masturbation, sexual intercourse, sodomy, masochism, sadism or sadomasochism.

(c)

Fondling or other erotic touching of human genitals, pubic region, buttock or female breast.

(28)

State. The words "the State" or "this State" shall be construed to mean the State of Florida.

(29)

Street. The word "street" shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts, causeways and all other public highways in the City and it shall also be construed to include a sidewalk or footpath, unless the contrary is expressed or unless such construction would be inconsistent with the manifest intent of the City Council.

(30)

Tenant or Occupant. The words "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease of or who occupies, the whole or a part of such building or land, either alone or with others.

(31)

Time. "Time" shall mean words used in the past or present tense include the future as well as the past and present.

(32)

Written or In Writing. "Written" or "in writing" shall be construed to include any representation of words, letters or figures, whether by printing or otherwise.

(33)

Year. The word "year" shall mean a calendar year, except where otherwise provided.

(Code 1948, § 101; Ord. of 6-4-1979, § 1; Ord. of 1-5-1981, § 1; Ord. of 10-11-1982, Doc. #17335)

Sec. 1.03. - Provisions Considered as Continuations of Existing Ordinances.

The provisions appearing in this Code, so far as they are the same as those of ordinances existing at the time of the effective date of this Code, shall be considered as continuations thereof and not as new enactments.

(Ord. of 10-11-1982, Doc. #17335)

Sec. 1.04. - Effect of Repeal of Ordinances.

(1)

The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.

(2)

The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for any offense committed under the ordinance repealed.

(Ord. of 10-11-1982, Doc. #17335)

Cross reference— Ordinances generally, § 2.51 et seq.

Sec. 1.05. - Severability of Parts of Code.

It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, paragraphs or section of this Code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code.

(Code 1948, § 101.15; Ord. of 10-11-1982, Doc. #17335)

Sec. 1.06. - Official Time.

Whenever certain hours are named in this Code, they shall mean Eastern Standard Time or Daylight Saving Time, as may be in current use, unless otherwise specifically provided.

(Code 1948, § 1.01; Ord. of 6-7-1976, § 1; Ord. of 10-11-1982, Doc. #17335)

State Law reference— Official time, Florida Statutes § 1.02.

Sec. 1.07. - Catchlines of Sections.

The catchlines of the several sections of this Code are intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or reenacted.

(Ord. of 10-11-1982, Doc. #17335)

Sec. 1.08. - General Penalty; Continuing Violations; enforcement Methods; Alternatives to Penalties; Violations as Public Nuisance; Collection of Unpaid Financial Obligations.

(1)

"Violation of this Code" means:

(a)

Doing an act that is prohibited or made or declared unlawful by the Code of the City of Orlando; a misdemeanor committed within the City of Orlando; or an offense by ordinance, rule, regulation, or order authorized by the Code of the City of Orlando.

(b)

Failure to perform an act that is required to be performed by the Code of the City of Orlando or by rule, regulation, or order authorized by the Code of the City of Orlando or ordinance.

(c)

Failure to perform an act if the failure is declared a misdemeanor or unlawful by the Code of the City of Orlando or an offense by ordinance, rule, regulation, or order authorized by the Code of the City of Orlando.

(2)

"Violation of this Code" does not include the failure of an officer or employee of the City to perform an official duty.

(3)

Except as otherwise provided by law or ordinance, a person found guilty of violating any provision of this Code may be sentenced to pay a fine not to exceed $500.00 and may be sentenced to a definite term of imprisonment not to exceed sixty (60) days, or by both such fine and imprisonment.

(4)

In addition to, or as an alternative to, the penalties hereinabove provided, a person found guilty of violating any provision of this Code may be sentenced to or otherwise be:

(a)

placed on supervised probation by the Court in accordance with the terms of Sections 1.13 through 1.20 of this Code;

(b)

ordered by the Court to pay restitution in accordance with Florida Statutes chs. 775 and 921;

(c)

ordered by the Court to perform public service in accordance with Florida Statutes chs. 775 and 921;

(d)

allowed to participate in the pretrial intervention program as set forth in Florida Statutes ch. 948, if such violator meets the qualifications enumerated therein and participation in the program is approved by the City Prosecutor's Office;

(e)

ordered by the Court to undergo psychiatric, psychological and/or drug and alcohol abuse evaluation treatment and/or counseling;

(f)

ordered by the Court to undergo testing for the Human Immunodeficiency Virus (HIV) and/or sexually transmitted disease (STD);

(g)

ordered by the Court to comply with the terms and provisions of any authorized and legal sentence.

(5)

With regard to violations of this Code that are continuous with respect to time, each day the violation continues is and constitutes a separate offense.

(6)

The City may, but is not limited to, enforce its Code and ordinances through the issuance of a citation, a summons, a notice to appear in County Court, or arrest as provided for in Florida Statutes ch. 901.

(7)

The imposition of a penalty does not preclude revocation or suspension of a license, permit or franchise, the imposition of civil fines or other administrative actions including actions pursuant to Florida Statutes ch. 162.

(8)

In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code shall be deemed a public nuisance and may be abated by the City as provided by law.

(9)

The City Council is authorized and empowered to institute legal proceedings in State or Federal Court for the purposes of obtaining injunctive relief and such other relief as may be proper under the law against violators of this Code. The imposition of a penalty does not prevent equitable relief.

(10)

In addition to the penalties hereinabove provided, the City may pursue the collection of any fees, service charges, fines, or costs to which it is entitled which remain unpaid for ninety (90) days or more, or refer the account to an attorney who is a member in good standing of The Florida Bar or collection agent who is registered and in good standing pursuant to Florida Statutes ch. 559. In pursuing the collection of such unpaid financial obligations, the collection fee, including any reasonable attorney's fee, paid to any attorney or collection agent retained by the city may be added to the balance owed, in an amount not to exceed forty (40%) percent of the amount owed at the time the account is referred to the attorney or agents for collection.

(Code 1948, §§ 62.01, 101.02; Ord. of 6-1-1970, § 1; Ord. of 1-3-1977, § 1; Ord. of 10-11-1982, Doc. #17335; Ord. of 9-19-1983, Doc. #18057; Ord. of 3-16-1987, Doc. #21038; Ord. of 6-22-1992, Doc. #25821; Ord. of 9-25-1995, Doc. #28813; Ord. of 11-2-2009, § 1, Doc. #0911021101)

Cross reference— Commission of acts recognized as misdemeanor under state law, § 43.30.

State Law reference— Penalty for violation of ordinances, Florida Statutes § 165.19.

Sec. 1.09. - Two Dollars ($2.00) Court Costs to be Assessed upon Conviction of Municipal Ordinance and Traffic Violation.

Pursuant to authority granted by Florida Statutes § 943.25, as amended by Laws of Fla. ch. 81-24, court costs in the amount of two dollars ($2.00) shall be assessed against every person convicted of a violation of an ordinance of the City of Orlando or of a State Statute relating to traffic where the arrest was made/citation issued by an Orlando police officer; provided, however, that no such assessment shall be made against any person convicted for violation of an ordinance or statute relating to the parking of vehicles. The Clerk of the Circuit and County Courts, Ninth Judicial Circuit of Florida, is hereby authorized and empowered to collect such assessment and remit same to the City of Orlando. Monies collected as a result of such assessment shall be utilized by the City of Orlando for Criminal Justice Education and Training as provided by Florida Statutes §§ 943.14 and 943.25.

(Ord. of 9-22-1969, § 1; Ord. of 7-6-1981, § 1; Ord. of 10-11-1982, Doc. #17335)

Sec. 1.10. - Inspection Fees for Public Improvements.

Any person, as defined in this Chapter, who shall construct, or who shall cause to be constructed, improvements over, through or upon property in which the City of Orlando does or will have an interest, shall pay to the City for engineering and inspection services furnished by the City a sum equal to four percent (4%) of the construction contract amount with one-half (½) due prior to commencement of construction and the remainder upon completion of construction and prior to final acceptance of the construction by the City.

This fee may be modified or waived in instances where the improvements are constructed pursuant to a specific written agreement between the City and the person.

(Ord. of 11-17-1975, § 1; Ord. of 10-11-1982, Doc. #17335)

Sec. 1.11. - Board Membership Requirement; "City Resident," "City Taxpayer" Defined.

Whenever in the several sections of this Code, there is a requirement of City residency for membership on any board, such residency requirement shall be satisfied if the board member has his bona fide personal residence within the City limits of Orlando. Whenever in the several sections of this Code, there is a requirement that a board member be a City taxpayer, such requirement shall be satisfied if the board member has his bona fide personal residence within the City of Orlando, or owns any real property, not wholly tax exempt, within the City limits of the City of Orlando.

(Ord. of 8-30-1976, § 1; Ord. of 10-11-1982, Doc. #17335)

Sec. 1.12. - Applicability of Ordinances to Areas Controlled by the Greater Orlando Aviation Authority.

All of the ordinances of general application of the City of Orlando from time to time in effect shall be of full force and effect in and on any areas of land or water owned or controlled by the Greater Orlando Aviation Authority which are not within the limits of any other municipality, whether or not such areas are within, without, or partially without the municipal limits of the City of Orlando, and may be enforced in the same manner and to the same extent as if such areas were within the municipal limits of the City of Orlando. The definition of the term "Director of Aviation" when used in any provision now contained in the Code of the City of Orlando shall mean and include the Executive Director of the Greater Orlando Aviation Authority or his designee.

(Ord. of 9-27-1976, § 1; Ord. of 10-11-1982, Doc. #17335)

Sec. 1.13. - Definition of Supervised Probation.

"Supervised Probation" means a form of community supervision requiring specified contacts with probation officers and other terms and conditions as provided hereafter.

(Ord. of 3-16-1987, Doc. #21038)

Sec. 1.14. - When Court May Place Defendant on Probation.

(1)

Any court of the state having original jurisdiction of municipal ordinance violations may at a time to be determined by the court, either with or without an adjudication of the guilt of the defendant, hear and determine the question of the probation of a defendant who has been found guilty or by the verdict of a jury, has entered a plea of guilty or a plea of nolo contendere, or has been found guilty by the court trying the case without a jury.

(2)

If it appears to the court upon a hearing of the matter that the defendant is not likely again to engage in a course of conduct that is violative of the City Code and that the ends of justice and the welfare of society do not require that the defendant presently suffer the penalty imposed by law, the court, in its discretion, may either adjudge the defendant to be guilty or stay and withhold the adjudication of guilt; and, in either case, it shall stay and withhold the imposition of sentence upon such defendant and shall place him upon probation.

(3)

Whenever punishment by imprisonment is prescribed, the court, in its discretion, may, at the time of sentencing, impose a split sentence whereby the defendant is to be placed on probation. In such case, the court shall stay and withhold the imposition of the remainder of sentence imposed upon the defendant and direct that the defendant be placed upon probation after serving such period as may be imposed by the court. The period of probation shall commence immediately upon the release of the defendant from incarceration.

(4)

In no case shall the imposition of sentence be suspended and the defendant thereupon placed on probation unless such defendant is placed under the custody of the department, the Salvation Army, or another public or private entity.

(5)

When the court, under any of the foregoing subsections, places a defendant on probation, it may specify that the defendant serve all or part of the probationary period in a community residential or nonresidential facility under the jurisdiction of the Department of Corrections or the Department of Health and Rehabilitative Services or owned or operated by the Salvation Army or any public or private entity providing such services, and it shall require the payment of the cost of the supervision as prescribed in Florida Statutes ch. 945.

(Ord. of 7-16-1984, Doc. #18680; Ord. of 3-16-1987, Doc. #21038)

Sec. 1.15. - When Court May Impose Fine and Place on Probation.

When the law authorizes the placing of a defendant on probation, and when his offense is punishable by both fine and imprisonment, the trial court may, in its discretion, impose a fine upon him and place him on probation as to imprisonment.

(Ord. of 3-16-1987, Doc. #21038)

Sec. 1.16. - Terms and Conditions of Probation.

(1)

The court shall determine the terms and conditions of probation and may include among them the following, that the probationer shall:

(a)

Report to the probation supervisors as directed.

(b)

Permit such supervisors to visit him at his home or elsewhere.

(c)

Work faithfully at suitable employment insofar as may be possible.

(d)

Remain within a specified place.

(e)

Make reparation or restitution to the aggrieved party for the damage or loss caused by his offense in an amount to be determined by the court. The court shall make such reparation or restitution a condition of probation, unless it determines that reasons exist to the contrary. If the court does not order restitution, or orders only partial restitution, it shall state on the record the reasons therefor.

(f)

Support his legal dependents to the best of his ability.

(g)

Not associate with persons engaged in criminal activities.

(2)

The enumeration of specific kinds of terms and conditions shall not prevent the court from adding thereto such other or others as it considers proper. The court may rescind or modify at any time the terms and conditions theretofore imposed by it upon the probationer.

(3)

If the court imposes a period of residential treatment or incarceration as a condition of probation, the residential treatment or incarceration shall be restricted to the following facilities:

(a)

A Department of Corrections probation and restitution center;

(b)

A community residential facility which is owned and operated by any public or private entity; or

(c)

A county-owned facility.

(4)

It is the intent of the Legislature that a county jail be used as the last available alternative for placement of an offender as a condition of probation. However, this shall not create a right of placement for the probationer, nor shall it restrict judicial discretion in ordering such treatment or incarceration.

(Ord. of 3-16-1987, Doc. #21038)

Sec. 1.17. - Public Service as Condition of Probation.

(1)

Any person who is convicted of a municipal ordinance violation and who is placed on probation may be required as a condition of supervision to perform some type of public service for a tax-supported or tax-exempt entity, with the consent of such entity. Such public service shall be performed at a time other than during such person's regular hours of employment.

(2)

When a program of public service is ordered by the court, the duration of public service may not be longer than the sentence that could have been imposed if the offender had been committed for the offense.

(3)

When public service is ordered by the court, the amount of public service may not be greater than the amount which the offender could reasonably be expected to perform.

(Ord. of 3-16-1987, Doc. #21038)

Sec. 1.18. - Restitution as Condition of Probation.

(1)

If a defendant is placed on probation, any restitution ordered under Florida Statutes ch. 775 shall be a condition of such probation. When restitution is ordered by the court, the amount of restitution may not be greater than an amount which the offender could reasonably be expected to pay.

(2)

The court may revoke probation if the defendant fails to comply with such order. In determining whether to revoke probation, the court shall consider the defendant's employment status, earning ability, and financial resources; the willfulness of the defendant's failure to pay; and any other special circumstances that may have a bearing on the defendant's ability to pay.

(Ord. of 3-16-1987, Doc. #21038)

Sec. 1.19. - Period of Probation.

(1)

Defendants found guilty of municipal ordinance violations who are placed on probation shall be under supervision not to exceed 6 months.

(2)

Upon the termination of the period of probation, the probationer shall be released from probation and is not liable to sentence for the offense for which probation was allowed. During the period of probation, the probationer shall perform the terms and conditions of his probation.

(Ord. of 3-16-1987, Doc. #21038)

Sec. 1.20. - Violation of Probation; Revocation; Modification; Continuance; Failure to Pay Restitution or Cost of Supervision.

(1)

Whenever within the period of probation there is reasonable ground to believe that a probationer has violated his probation, any probation supervisor may arrest such probationer without warrant wherever found and shall forthwith return him to the court granting such probation. Any committing magistrate may issue a warrant, upon the facts being made known to him by affidavit of one having knowledge of such facts, for the arrest of the probationer, returnable forthwith before the court granting such probation. Any probation supervisor, any officer authorized to serve criminal process, or any peace officer of this state is authorized to serve and execute such warrant. The court, upon the probationer being brought before it, shall advise him of such charge of violation and, if such charge is admitted to be true, may forthwith revoke, modify, or continue the probation. If probation is revoked, the court shall adjudge the probationer guilty of the offense charged and proven or admitted, unless he has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation. If such violation of probation is not admitted by the probationer, the court may commit him or release him with or without bail to await further hearing, or it may dismiss the charge of probation. If such charge is not at that time admitted by the probationer and if it is not dismissed, the court, as soon as may be practicable, shall give the probationer an opportunity to be fully heard on his behalf in person or by counsel. After such hearing, the court may revoke, modify, or continue the probation. If such probation is revoked, the court shall adjudge the probationer guilty of the offense charged and proven or admitted, unless he has previously been adjudged guilty, and impose any sentence which it might have originally imposed before placing the probationer on probation.

(2)

No part of the time that the defendant is on probation shall be considered as any part of the time that he shall be sentenced to serve.

(3)

Notwithstanding any other provision of this section, a probationer who is arrested for violating his probation may be taken before the court in the county in which he was arrested. That court shall advise him of such charge of a violation and, if such charge is admitted, shall cause him to be brought before the court which granted the probation. If such violation is not admitted by the probationer, the court may commit him or release him with or without bail to await further hearing. The court, as soon as is practicable, shall give the probationer an opportunity to be fully heard on his behalf in person or by counsel. After such hearing, the court shall make findings of fact and forward the findings to the court which granted the probation and to the probationer or his attorney. The findings of fact by the hearing court are binding on the court which granted the probation. Upon the probationer being brought before it, the court which granted the probation may revoke, modify, or continue the probation.

(4)

In any hearing in which the failure of a probationer to pay restitution or the cost of supervision, as directed, is established by the City, if the probationer asserts his inability to pay restitution or the cost of supervision, it is incumbent upon him to prove by clear and convincing evidence that he does not have the present resources available to pay restitution or the cost of supervision despite sufficient bona fide efforts legally to acquire the resources to do so. If the probationer cannot pay restitution or the cost of supervision despite sufficient bona fide efforts, the court shall consider alternate measures of punishment other than imprisonment. Only if alternate measures are not adequate to meet the City's interests in punishment and deterrence may the court imprison a probationer who has demonstrated sufficient bona fide efforts to pay restitution or the cost of supervision.

(Ord. of 3-16-1987, Doc. #21038)

Subtitle A GENERAL ORDINANCES Chapter 2 - ADMINISTRATION