Chapter 43 - MISCELLANEOUS OFFENSES

Sec. 42.09. - Enforcement. Chapter 43A - STATE OF EMERGENCY Chapter 43 - MISCELLANEOUS OFFENSES

Sec. 43.01. - Abandoned, etc., Iceboxes, Refrigerators; Leaving in Places Accessible to Children.

(1)

It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door or lock which may not be released for opening from the inside of such icebox, refrigerator or container.

(2)

It shall be unlawful for any person to leave outside of any building or dwelling in a place accessible to children any abandoned, unattended or discarded icebox, refrigerator or any other container of any kind which has an airtight door with snap lock, or other similar device thereon, without removing the snap lock or other similar device, or the doors from such icebox, refrigerator or container.

(Ord. of 11-18-1953, §§ 1, 2)

Sec. 43.02. - Reserved.

Editor's note— Ord. No. 2017-47, § 3, adopted August 8, 2017, Doc. #1708081204, repealed § 43.02 in its entirety. Formerly said section pertained to operation of unmanned aircraft systems—Restrictions on operation and derived from Ord. of 4-16-1958, § 1; Ord. No. 2016-87, § 2, 1-23-2017, Doc. #1701231401. See the Code Comparative Table for a complete derivation.

Sec. 43.03. - Same—Construction of Preceding Section.

In construing the provisions of Section 43.02, the objects prohibited from operation and control in such sections shall be deemed to include any and all models or small scale objects, whether likeness of an actual plane, car, rocket or similar object or not, and notwithstanding the type of engine, launcher or propellant used; provided, however, that nothing herein contained shall be construed to prohibit the flying of kites or model airplanes propelled by rubber bands or containing no propellant and suspended in air merely by the action of gliding.

(Ord. of 4-16-1958, § 1)

Sec. 43.04. - Air Rifles; Discharging in Parks, Streets, etc.

It shall be unlawful for any person to discharge any air rifle in the public parks or the public streets or on public property within the City limits.

(Ord. of 2-8-1950)

Sec. 43.05. - Amusements; Stealing Passage to.

It is unlawful to enter, or remain within, any place of public amusement, theme park, fairground, race track, ball park, theater, moving picture show or similar place, without permission or without having paid the admission price.

(Code 1948, § 62.60; Ord. of 9-8-1980, § 1; Ord. of 1-22-1996, Doc. #29095)

Sec. 43.06. - Disorderly Conduct.

Commission of the following acts shall constitute disorderly conduct:

(a)

Any person who shall act in a violent or tumultuous manner toward another so as to place him or any other person in reasonable fear of safety of his life, limb, or health;

(b)

Any person who shall act in a violent or tumultuous manner toward another with the result that his property, or that of any other person is placed in danger of being destroyed or damaged;

(c)

Any person who shall cause, provoke or engage in any fight, brawl or riotous conduct;

(d)

Any person who shall assemble or congregate with another or others with the intent to engage in conduct which is prohibited by the ordinances of the City or by State or Federal law;

(e)

Any person who shall frequent any public place with intent to obtain money from other persons by illegal or fraudulent schemes, tricks, artifices or devices;

(f)

Any person who shall accost or attempt to force his company upon any other person;

(g)

Any person who shall use "fighting words" directed towards any person who becomes thereby outraged;

(h)

Any person who makes, through social media or any other means, a threat to kill or do bodily injury to another person or group of persons, or who makes a threat to unlawfully bring a firearm or other deadly weapon onto the grounds or facilities of any school, as defined by Ch. 1003, Fla. Stat., with the intent to carry out such threat or with the intent that another person would construe the statement as a true threat or who shall by acts or threats of violence interfere with another's pursuit of a lawful occupation;

(i)

Any person who shall, after being ordered by a law enforcement officer to disperse, congregate with another or others in or on any public way so as to halt or materially impair the flow of vehicular or pedestrian traffic;

(j)

Any person who walks, stands, sits, lies, or places an object in such manner as to intentionally block passage by another person or to require another person to take evasive action to avoid physical contact, or who, after being ordered to move by law enforcement officers, remains in or on any public street or sidewalk in such a manner as to block or impair movement of vehicles or pedestrians;

(k)

Any person who distributes any material to, or receives any object from an occupant of any motor vehicle that is stopped on a public roadway in obedience to a traffic control signal light, stop sign, or any other traffic control device.

Any person deemed guilty of disorderly conduct as above defined, and, being convicted thereof, shall be fined or imprisoned as provided in Section 1.08 of this Code.

(Code 1948, § 62.41; Ord. of 8-17-1970, § 1; Ord. of 9-15-1980, § 1; Ord. of 4-13-1981, §§ 1, 2; Ord. No. 2017-43, § 1, 7-24-2017, Doc. #1707241207; Ord. No. 2018-16, § 1, 2-26-2018, Doc. #1802261001; Ord. No. 2018-21, § 1, 4-16-2018, Doc. #1804161205; Ord. No. 2023-55, § 1, 1-8-2024, Doc. #2401081205)

State Law reference— Affrays, riots, etc., Florida Statutes §§ 870.01—870.06.

Sec. 43.07. - Drinking Fountains.

It shall be unlawful to use the water of any public drinking fountain or watering place for other than drinking purposes.

(Code 1948, § 62.49)

Sec. 43.08. - Endurance Contests—License Certificate Required.

(1)

No person shall engage in the business of promoting, conducting, maintaining or advertising any physical endurance contest in the City, either for dancing, walking, running, skating or otherwise until after such person shall have procured a license certificate from the City Treasurer. The fee for such license certificate is hereby fixed at two-hundred fifty dollars ($250.00) per week.

(2)

No person shall participate in any physical endurance contest in the City by either dancing, walking, running, skating or otherwise, until after such person shall have procured a license certificate from the City Treasurer. The fee for such license certificate is hereby fixed at twenty-five dollars ($25.00) for each person.

(3)

Where the endurance contest is intended to promote or generate funds for any patriotic, charitable or philanthropic organization or cause, a waiver of the required fees may be granted by the City Council.

(Code 1948, § 27.01; Ord. of 1-13-1975, § 1)

Cross reference— Licenses generally, ch. 36.

State Law reference— Endurance contests, Florida Statutes § 785.04.

Sec. 43.09. - Same—Rest Periods.

It shall be unlawful for any person to promote, conduct, maintain or advertise any marathon endurance contest, either dancing, walking, running, skating or otherwise within the City, which continues or is intended to continue without providing for a period of at least eight (8) consecutive hours in each twenty-four (24) hours of complete rest for each participant in such contest, whether or not an admission fee is charged, and whether or not a prize is to be awarded to one or more participants for participating therein.

(Code 1948, § 27.02)

Sec. 43.10. - Same—Time Limit.

(1)

It shall be unlawful for any person to promote, conduct, maintain or advertise in the City any physical endurance contest, either dancing, walking, running, skating or otherwise, which continues, or is designed to continue, for more than one week, whether or not an admission fee is charged and whether or not a prize is to be awarded to one or more participants for participating therein.

(2)

It shall be unlawful for any person to participate in any physical endurance contest in the City, by either dancing, walking, running, skating or otherwise, which continues, or is designed to continue, for more than one week, whether or not an admission fee is charged and whether or not a prize is to be awarded to one or more participants for participating therein.

(3)

Any discontinuance of any such contest and the resumption thereof within a period of two (2) weeks shall be deemed to be a continuance of the same.

(Code 1948, § 27.03)

Sec. 43.11. - Escape.

Any person who, while in legal custody of a police officer, shall attempt to escape or actually escape such custody, shall be guilty of the offense of escape and upon conviction shall be punished by imprisonment for not less than thirty (30) days nor more than sixty (60) days.

(Ord. of 4-3-1957, § 2)

State Law reference— Refusal to assist officer in arresting escaped convict, Florida Statutes § 843.04; escape generally, Florida Statutes § 843.09 et seq.

Sec. 43.12. - Fake Sales—Definition.

For the purposes of this and the following section, a fake sale of goods, wares and merchandise is defined to be:

(1)

The sale, or offer for sale, of any goods, wares or merchandise as a different quality or brand, or bearing a different trademark, as a substitute for the quality or brand previously advertised for sale, or with a forged or false trademark.

(2)

The sale, or offer for sale, of any goods, wares or merchandise which is misrepresented as to quantity, quality, brand or otherwise.

(Code 1948, § 82.06)

Sec. 43.13. - Same—Prohibited.

No person shall conduct, maintain, operate or advertise any fake sale of goods, wares or merchandise.

(Code 1948, § 82.06)

Sec. 43.14. - Indecent Conduct, etc.

No person shall appear upon any public street or in any other public place in a state of nudity, or in an indecent exposure of his or her person, or otherwise engage in any vulgar, indecent or lewd behavior.

(Code 1948, § 62.40; Ord. of 6-23-1975, § 1)

State Law reference— Indecent exposure, Florida Statutes § 800.03.

Sec. 43.15. - Unlawful Harboring, Cohabitation.

(1)

It shall be unlawful for any person knowingly to harbor, keep secreted, cohabit with, or provide shelter for any unmarried person under the age of eighteen (18) years without the consent of the parent, guardian, other person, or institution having legal custody of such person.

(2)

It shall be unlawful for any person to harbor, keep secreted, cohabit with, or provide shelter for any unmarried person under the age of eighteen (18) years when such person knows such minor person to be a parole violator or a fugitive from legal process.

(3)

Evidence of sexual relations between the minor and the person charged shall not be necessary to secure a conviction under this section.

(Ord. of 2-28-1970, § 1)

Sec. 43.16. - False Information.

It shall be unlawful for any person, in any matter within the jurisdiction of any department or agency of the City of Orlando to knowingly and willfully falsify, conceal or cover up by any trick, scheme or device whatsoever a material fact, or make any false, fictitious or fraudulent statements or representations, or make or use any false writing or document knowing the same to contain any false, fictitious or fraudulent statement or entry.

(Ord. of 8-5-1974, § 1)

Sec. 43.17. - Prostitution, etc.—Definitions.

As used in this and the seven (7) following sections:

(1)

Prostitution. "Prostitution" means the giving or receiving of the body for sexual activity for hire. "Prostitution" shall not include sexual activity between a husband and his wife.

(2)

Lewdness. "Lewdness" means any indecent or obscene act other than prostitution.

(3)

Assignation. "Assignation" means the making of any appointment or engagement for prostitution or lewdness or any act in furtherance of such appointment or engagement.

(4)

Sexual Activity. "Sexual Activity" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object, or the handling or fondling of the sexual organ of another for the purpose of masturbation; however, the term does not include acts done for bona fide medical purposes.

(Ord. of 10-8-1952, § 1; Ord. of 5-16-1988, Doc. #21581-1)

Sec. 43.18. - Same—Prohibited.

It shall be unlawful:

(1)

To offer to commit, or to commit, or to engage in prostitution, lewdness or assignation.

(2)

To solicit, induce, entice or procure another to commit prostitution, lewdness or assignation with himself or herself.

(3)

To reside in, enter or remain in, any place, structure or building, or to enter or remain in any conveyance, for the purpose of prostitution, lewdness or assignation or for the purpose of furthering prostitution, lewdness or assignation.

(4)

To aid, abet or participate in the doing of any of the acts or things enumerated in this Section and Section 43.19 of this Code.

(Ord. of 10-8-1952, § 1; Ord. of 1-12-1981, § 1)

Sec. 43.19. - Same—Abetting.

It shall be unlawful:

(1)

To keep, set up, maintain or operate any place, structure, building or conveyance for the purpose of lewdness, assignation or prostitution.

(2)

To offer, or to agree to offer to secure another for the purpose of prostitution or for any other lewd or indecent act.

(3)

To receive, or to offer or agree to receive, any person into any place, structure, building or conveyance for the purpose of prostitution, lewdness or assignation, or to permit any person to remain there for such purpose.

(4)

To direct, take or transport, or to offer or agree to take or transport, any person to any place, structure or building, or to any other person, with knowledge or reasonable cause to believe that the purpose of such directing, taking or transporting is prostitution, lewdness or assignation.

(Ord. of 10-8-1952, § 1)

Sec. 43.20. - Same—Compelling.

It shall be unlawful for any person to force, compel or coerce another to engage in prostitution, lewdness or assignation.

(Ord. of 10-8-1952, § 1)

Sec. 43.21. - Same—Profiting from.

It shall be unlawful for any person to live off of the earnings of any other person with knowledge or reasonable cause to believe that such earnings are derived from prostitution, lewdness or assignation.

(Ord. of 10-8-1952, § 1)

Sec. 43.22. - Same—Renting Place for.

It shall be unlawful to rent or let any place, structure, or part thereof, trailer or other conveyance, with the knowledge that such place, structure, trailer or conveyance will be used for the purpose of prostitution, lewdness or assignation.

(Ord. of 10-8-1952, § 1)

Sec. 43.23. - Same—Evidence.

In the trial of any person charged with the violation of any of the provisions of the five (5) preceding sections, testimony concerning the reputation of any place, structure, building or conveyance involved in such charge, and of the person who resides in, operates or frequents the same, and of the defendant, shall be admissible in evidence in support of the charge.

(Ord. of 10-8-1952, § 1)

Sec. 43.24. - Repealed 12/12/83.

Editor's note— Former § 43.24 was repealed by the city council on 12-12-1983, Doc. #18223.

Sec. 43.25. - Mandatory Sentences for Violating Sections 43.18 through 43.24.

Any person who shall be adjudicated guilty of violating any provision of Sections 43.18 through 43.24 inclusive shall be sentenced as follows:

(1)

On first conviction, for a term of imprisonment of not less than ten (10) days nor more than sixty (60) days or a fine of not less than three-hundred dollars ($300.00) nor more than five-hundred dollars ($500.00).

(2)

On second conviction, for a term of imprisonment of not less than twenty (20) days nor more than sixty (60) days or a fine of not less than four-hundred dollars ($400.00) nor more than five-hundred dollars ($500.00).

(3)

On third or subsequent conviction, for a term of imprisonment of not less than thirty (30) days nor more than sixty (60) days and a fine of five-hundred dollars ($500.00).

To be considered a conviction for purposes of this section, such conviction must have been for an offense committed subsequent to the effective date of this section.

(Ord. of 1-7-1980, § 1)

Sec. 43.26. - Public Conveyances—Failure to Pay Fare.

It shall be unlawful to ride in a public hack, taxicab, bus or other public conveyance and refuse or fail to pay for such service, unless credit therefor was extended.

(Code 1948, § 62.51)

Cross reference— Taxicabs and other vehicles for hire, ch. 55.

Sec. 43.27. - Public Improvements—Interfering With, Obstructing or Injuring.

It shall be unlawful for any person to unlawfully interfere with or obstruct any public improvement being made by the City or to deface or injure or unlawfully interfere with or obstruct any public buildings, highways, alleys, parks, or other property belonging to any governmental agency.

(Code 1948, § 62.08)

State Law reference— Malicious injury to buildings and structures, Florida Statutes § 822.01 et seq.

Sec. 43.28. - Selling Ice Cream, etc., Within Two Blocks of Schools.

It shall be unlawful for any person to vend, sell or offer for sale on the public streets, any ice cream, sherbet, cold drinks or confectionery of any kind within two blocks of any public school building within the City during school hours, or for one (1) hour preceding and succeeding the time within which public schools located in the City are in session.

(Ord. of 5-11-1981, § 1)

Sec. 43.29. - Unauthorized Presence in Unoccupied or Unfinished Building.

It shall be unlawful for any person to be in any otherwise unoccupied or unfinished building or structure without the consent of the owner or agent thereof.

(Code 1948, § 62.48; Ord. of 2-12-1979, § 1)

Sec. 43.30. - State Misdemeanors.

It shall be unlawful to commit, within the limits of the City, any act which is or shall be recognized by the laws of the State of Florida as a misdemeanor, and the commission of such acts is hereby forbidden.

Whoever shall violate the provisions of this section, upon conviction thereof, shall be punished as provided by Section 1.08 of this Code.

(Ord. of 2-20-1957, § 1)

Sec. 43.31. - Reserved.

Sec. 43.32. - Trees, Shrubs, etc.—Planting in Parkways—Generally.

(1)

It shall be unlawful for any person to plant or maintain any tree, shrub or plant within any parkway of the City, located in such a manner as to constitute a hazard to traffic safety.

(2)

It shall be unlawful for any person to plant or maintain any tree, shrub or plant within any parkway of the City in such a manner as to damage or constitute a hazard to any street, sidewalk, curb, driveway, water line, sewer line or any other public utility.

(3)

When, in the opinion of the City Council, any planting shall be unlawful as constituting the hazards described in (1) and (2) above, the owner of the property abutting the parkway wherein such planting is located, shall, within ten (10) days of notice thereof, remove or cause to be removed, such planting at no expense to the City. In addition to any penalty which may be imposed for the violation of this section by Section 1.08 of this Code, in the event the owner of the abutting property does not remove any planting ordered to be removed by the City Council, as provided herein, the City may remove such planting and assess the cost for such removal upon the property abutting thereto in the same manner and subject to collection in the same manner as taxes on real property.

(4)

For the purpose of this section, parkways of the City as defined as that portion of the street right-of-way paralleling any public thoroughfare between the curbline and the abutting property line.

(Ord. of 5-18-1960, § 1)

Sec. 43.33. - Same—Removal.

Any person desiring the removal by the City of a live tree from a parkway of the City for the construction of driveways, buildings or any other structure, or for any other purpose, shall, upon approval of such removal by the City, pay to the City the actual cost of removing same, in an amount not to exceed one-hundred fifty dollars ($150.00). It shall be unlawful to remove any live tree from any parkway of the City without a written permit from the Families, Parks and Recreation Director or his designee.

(Ord. of 5-18-1960, § 2; Ord. of 12-7-1992, Doc. #26217; Ord. of 1-12-2004, § 5, Doc. #040112905)

Sec. 43.34. - Same—Tree Protection.

A.

Purpose and Intent. The purpose of this section is to provide protective regulations for trees in the City of Orlando.

(1)

It is the intent of this section to promote the community health and welfare by protecting trees for the unique benefits they provide in enhancing community appearance and assisting in the natural control of solar heat, soil conservation, flooding, air pollution and noise. In addition, trees offer a haven for community wildlife and provide citizens with psychological relief from the increasing complexities of a manmade urban environment. Further, it is the intent of this section to enhance the community and its citizenry and not be punitive; or to cause a hardship to any individual, private or public company who use reasonable care and diligence to protect trees within the City of Orlando.

(2)

Trees, as defined, regulated and protected herein, are declared to be a natural public resource and the City of Orlando encourages planting, replacement and protection of trees, as herein set out, in the interest of the health, safety and welfare of present and future citizens of the City of Orlando. Also, certain trees, designated as specimen or historic trees by the Families, Parks and Recreation Director or his designee, shall be protected because of their ecological value, non-indigenous character, size, age, or historic association. Trees so designated shall be protected without regard to their location within the jurisdiction of the City. To attain that end, it shall be unlawful to cut down, damage, poison or in any other manner destroy or cause to be destroyed any tree as covered by the terms of this section except in accordance with the provisions of this section.

B.

Definitions.

(1)

Tree. Any self-supporting woody plant of a species which normally grows, or is capable of growing, to an overall height of a minimum of fifteen (15) feet in the central portion of Florida, and having a trunk diameter of not less than six (6) inches as measured four and one-half (4.5) feet above actual grade. Trees having a trunk diameter of not less than one (1) inch as measured three (3) feet above actual grade shall be protected for the purposes of Section D.(3) below. Exempt from the provisions of this section are:

(a)

Trees located inside the area bounded by the required setback lines of lots developed with one- or two-family dwellings; such lines as defined by the zoning ordinance;

(b)

Containerized trees and nursery stock trees for resale in licensed nurseries.

(2)

Director of Families, Parks and Recreation. The person who serves as the duly appointed Director of Families, Parks and Recreation for the City of Orlando.

(3)

Person. Person shall include individual, partnership, corporation, association or other legal entity, and shall include the plural, as well as the singular.

(4)

Removal. Removal shall include remove, removing or actual displacement or effective displacement through damaging or cutting below the level necessary for survival of the tree.

C.

Jurisdiction. The provisions of this section shall apply to all real property situated in the corporate limits of the City of Orlando. Immediately upon petition for annexation, developers will agree to comply with the provisions of this section.

D.

Trees Protected.

(1)

It shall be unlawful for any person to, or cause to, destroy, permanently injure or remove any tree(s) as defined herein, within the City of Orlando, without first obtaining a tree removal permit from the Parks Official (or his or her designee) as required by the provisions of Section E of this section. If the property is residential, then the property owner is exempt from the provisions of Section E, as long as the property owner obtains documentation from an arborist certified by the International Society of Arboriculture or a Florida licensed landscape architect that expressly states the tree presents a danger to persons or property. Such documentation may be provided voluntarily prior to the removal of the tree to the Parks Official (or his or her designee). If the property owner is unable to obtain such documentation, then this section shall be enforced pursuant to Section K herein. For purposes of this section, residential property is defined to include all property that has an existing one family or two family dwelling, or an existing townhome.

(2)

It shall be unlawful for any person to, or cause to, place material, machinery or temporary soil deposits within the minimum undisturbed area (as described in City Code Sections 60.211, 60.212, and 60.213) of any tree(s) protected by this section as described above, to fail to erect barriers necessary to protect such tree(s), or to attach other than protective wires, braces or other similar, noninjurious materials to such tree(s). Furthermore, no structure or impervious paving shall be located within the minimum undisturbed area of any tree(s), except as allowed by Sections 60.211, 60.212, and 60.213.

(3)

It shall be unlawful for persons or businesses trimming tree growth away from billboard (off-premise sign) surfaces to remove trees or to trim or cut trees below the level necessary for survival of the tree; provided however, that this restriction shall be applicable only to tree growth located on public lands and public rights of way.

(4)

The Parks Official (or his or her designee) may require, as a condition for the approval of an application for the removal of a tree(s) within the required front, rear, or side yard of any real property, that the person either relocate or replace said tree(s) with comparable substitutes somewhere within the property lines of said property. Such locations to be agreed to by the Parks Official (or his or her designee).

E.

Tree Removal, Permit or Approval.

(1)

Application for Tree Removal Permit; General Rule. Persons desirous of removing a nonexempt tree(s) from any real property for which an application for a building permit or a request for approval of a subdivision site plan have not been made shall make application to and on a form prescribed by the Parks Official (or his or her designee) and pay a nonreturnable fee of twenty-five dollars ($25.00) for each acre or fraction thereof of any residential land to be inspected and fifty dollars ($50.00) for each acre or fraction thereof of any nonresidential land to be inspected. Fees as provided for in this section are hereby declared to be necessary for the purpose of processing the application and making the necessary inspections for administration and enforcement of this section.

(2)

Application for Building Permits or Requests for Approval of a Proposed Subdivision Site Plan.

(a)

Subdivision of Land. Prior to the subdivision of any land which will involve the removal of nonexempt tree(s) for whatever reason, the subdivider shall submit with the plat, a site plan that shall include the following: proposed roadways, walks, utilities, and additionally each tree six (6) inches or more in trunk diameter measured four and one-half (4.5) feet above ground level identified by type and species; designation of each such tree(s) considered diseased or hazardous to pavement or utilities; designation of tree(s) proposed to be removed, retained and replaced, and proposed grade changes which may adversely affect any such tree(s) with proposals of how to preserve and retain the tree(s) in a manner or form as prescribed by the Parks Official (or his or her designee); and pay a nonreturnable fee at the time of application or request of twenty-five dollars ($25.00) for each acre or fraction thereof of any residential land to be inspected and fifty dollars ($50.00) for each acre or fraction thereof of any nonresidential land to be inspected.

(3)

The requirement for a tree removal permit is a requirement separate from and in addition to the requirement for obtaining any other approvals or permits whatsoever.

F.

Approval of Application.

(1)

Application for tree removal authorization shall be reviewed by the Parks Official (or his or her designee) and such City Departments responsible for the enforcement of this section. Such departments shall review and consider the effect of the removal or relocation of a tree upon the drainage, topography and the natural resources prior to granting or denying the said application. Upon a review of the factors involved, the application shall be either granted or denied; in the event an application is denied, the reasons therefor shall be reported in writing to the applicant.

(2)

Permit(s) for tree removal not in connection with a building permit or a subdivision site plan, issued by the Parks Official (or his or her designee), shall become void ninety (90) days after the issue date. Concurrence of the Parks Official (or his or her designee) to the issuance of a building permit or approval to a subdivision site plan shall be for the period of the document's validity.

G.

Criteria for Removal. To effectively carry out the provisions of this section, the following is a list of the basic criteria to be considered in granting a permit for the removal or relocation of trees:

(1)

Trees which pose a safety hazard to pedestrian or vehicular traffic.

(2)

Trees which pose a safety hazard to buildings or public utilities.

(3)

Trees which prevent the proper development of a lot or parcel or the proper physical use thereof.

(4)

Diseased trees or trees weakened by age, storm, fire, or other injury which are a source of hazard to people, buildings or other improvements on a lot or parcel of land.

H.

Emergency Conditions. The Parks Official (or his or her designee), may waive all or part of these requirements if such waiver is not inconsistent with the purpose and intent of this section.

I.

Appeals. Any person who believes that he is adversely affected by a decision of the Parks Official (or his or her designee) in the enforcement or interpretation of this section may appeal by filing a written notice of appeal to the Families, Parks and Recreation Director with a copy to the City Clerk within ten (10) days after receipt of such written decision. The City Clerk will schedule a hearing and notify the parties involved.

J.

Conflicting Provisions. In the event this section conflicts with other ordinances or laws of the City, the more restrictive provisions shall apply to the extent of such conflict.

K.

Penalty. Any person found in violation of this section shall be subject to the enforcement procedures and penalties provided by Chapter 5 of this City Code for each offense.

(Ord. of 12-26-1972, § 1; Ord. of 7-8-1974, §§ 1, 2; Ord. of 10-21-1974, § 1; Ord. of 6-8-1987, Doc. #21257; Ord. of 12-7-1992, Doc. #26217; Ord. of 1-12-2004, § 5, Doc. #040112905; Ord. No. 2019-63, § 1, 4-13-2020, Doc. #2004131201)

Sec. 43.35. - Trespass.

It shall be unlawful to desecrate or despoil any church or other property set apart for public use or held for benevolent or charitable purposes or to deface or post bills on any private property without consent of the property owner.

Cross reference— Desecration or injury to cemetery, § 16.28.

Sec. 43.36. - Failure to Identify Oneself.

It shall be unlawful for any person to refuse to report his name, date of birth and residence to a police officer upon the officer's request, provided however, that at the time of making the request the police officer has probable cause to believe that the individual is committing or has committed a felony, misdemeanor, or City ordinance violation, and provided further that the officer has informed the individual that his refusal to answer will constitute a violation of law.

(Ord. of 5-4-1981, § 1)

Sec. 43.37. - Waste Water—Discharging on Streets, etc.

(1)

It shall be unlawful for any person to throw any waste water in or upon any street or sidewalk in the City, or to allow any waste water to run in or upon any sidewalk or street within the City or to throw the waste from any bucket, cuspidor or other receptacle in or upon any sidewalk or street within the City.

(2)

It shall be unlawful for any person who is the owner of any property located within the limits of the City or, who is in the possession or occupancy of the same, to collect or assemble, or permit or allow to be collected or assembled, any water upon any of such property owned, possessed or occupied by such person, and in any manner or by any means, cast, discharge, drain or emit the same, or in any manner or by any means permit or allow the same to be cast, discharged, drained or emitted upon property located within the limits of the City which is owned or in the possession or occupancy of any other person or upon any of the public streets, ways or sidewalks, located within the limits of the City, in such manner or to such an extent as shall constitute, during such casting, discharging, draining or emitting, or as a result thereof, a public nuisance, or shall constitute a danger or menace to the safety, health or welfare of the public, or of pedestrian or vehicular travel upon any of the public streets, ways or sidewalks located within the limits of the City.

(Code 1948, §§ 62.56, 86.62)

Sec. 43.38 - Reserved.

Editor's note— Ord. No. 2011-40, § 3(Doc. #1110031102), adopted Oct. 3, 2011, repealed the former § 43.38, which pertained to weapons—discharging firearms and derived from Code 1948, § 62.28.

Sec. 43.39. - Same—Carrying Simulated Firearms.

It shall be unlawful for a person to carry on or about his person, or have in his manual possession, either secretly or openly, whether concealed or otherwise, any simulated firearm which reasonably resembles a firearm, including a starting gun or pistol, which is being carried or displayed by a person in such a manner or under such circumstances as to place any person in reasonable fear of his life or of damages to his person or property. This section specifically excludes an ordinary penknife, a pocket knife, or starting gun or pistol in use at a sporting event, or in transit to or from a sporting event; provided that this section shall have no application to any federal, state, county, district or municipal officer empowered to make arrests, nor to any person who shall be licensed to carry arms under the provisions of the laws of the State.

(Ord. of 1-3-1967, § 1; Ord. of 6-4-1990, Doc. #23965)

Sec. 43.40. - Topless Performers, Waitresses, etc., Obscene Manner; Prohibited.

(1)

For the purpose of this section the following terms are defined as follows:

(a)

Nude Breasts. Female breast, including the nipple or the pigmented portion adjacent thereto, otherwise defined as the areola.

(b)

Public Place. A place to which the general public has a right to resort; not necessarily a place devoted solely to the uses of the public, but a place which is in point of fact public rather than private, and shall include any motion picture theater, other theater or place used for presentation of performances, barroom, tavern, hotel, nightclub or similar establishment used for public entertainment, in which the public has an interest by nature of its effect on the safety, health, morals and welfare of the community.

(c)

Obscene Manner. The exposure of the nude female breast or breasts is obscene if its dominant theme taken as a whole appeals to the prurient interest in sex, is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters, and is utterly without redeeming social value.

(2)

It shall be unlawful for any female person to expose, exhibit, display or reveal her nude breast or breasts in an obscene manner while performing any dance, performance, exhibit or any other type of entertainment, or while serving any food or beverages, in or at any public place where food or beverages are sold, offered for sale, or given away.

(Ord. of 12-13-1971, § 1; Ord. of 5-16-1977, § 1)

Sec. 43.41. - Interference with Fire Department Vehicle, Other Emergency Vehicle or Firefighter.

(1)

Definitions. For the purposes of this section, the following terms are defined as follows:

(a)

Firefighter. All those persons employed by the City in any work in connection with the prevention and extinguishing of fires in the City.

(b)

Fire Department Vehicle. Any vehicle assigned to the City Fire Department for use and normally operated by firefighters.

(c)

Emergency Situation. An unforeseen occurrence or condition, including but not limited to a condition created by a fire, explosion, windstorm, flood, war or civil disturbance, including revolution, riot or strike.

Also a response to any accident by automobile, train or plane or by other causes or a response to a situation in aid of any person who may be reasonably suspected of suffering from serious illness or injury.

(d)

Emergency Vehicle. Vehicles of the Fire Department, police vehicles and such ambulances and emergency vehicles of City, County, State and Federal Departments and Agencies, public service corporations or private ambulance companies or such others as are designated or authorized by the City Council, the Chief of Police or other governmental agency.

(2)

Interference with Firefighter. It shall be unlawful for any person to interfere with a firefighter in the discharge of his/her duties or to interfere with any person called upon by a firefighter for aid in the discharge of his/her duties.

(3)

Interference with Person Responding to an Emergency Situation. It shall be unlawful for any person to interfere with any other person lawfully responding to an emergency situation as defined in this section.

(4)

Interference with Fire Department Vehicle. It shall be unlawful for any person to interfere with or prevent the normal operation of a vehicle operated by the Fire Department.

(5)

Interference with an Emergency Vehicle. It shall be unlawful for any person to interfere with or prevent the normal operation of an emergency vehicle.

(Ord. of 5-29-1969, § 1)

Sec. 43.42. - Picketing; Definitions; Where Prohibited; Exceptions.

(1)

For the purposes of this section, the following definitions shall apply:

(a)

Picket: The word "picket" shall mean to position oneself, or to assemble or gather, as a means of protest, or as a means of presenting or advocating a cause or grievance.

(b)

Peaceful Picketing: The term "peaceful picketing" shall mean any tranquil and peaceful means of presenting a cause to the public which is devoid of noise or tumult or quarrelsome demeanor, and which does not violate or disturb the public peace or private property rights.

(c)

Residence or Dwelling: The term "residence or dwelling" shall mean any individual's home within a single or multifamily residence, to include units within an apartment or condominium complex. The term shall not include those establishments serving or catering to the transient public such as motels, hotels, or motor hotels.

(2)

It is unlawful for any person or persons to picket before or about the residence or dwelling of any person.

(3)

This section shall not apply to a person peacefully picketing upon property which he owns or which he is lessee, or peaceful picketing within a place commonly used for public assembly.

(Ord. of 2-16-1970, § 1; Ord. of 6-16-1980, § 1; Ord. No. 2015-15, § 1, 7-13-2015, Doc. #1507131208)

Sec. 43.43. - Operation of Self-Propelled Vehicles in Public Parks.

(1)

No person shall operate an automobile, truck, motorcycle, self-propelled mini-bike, self-propelled go-cart or other type of motor vehicle in any of the public parks of the City except in such places specially set aside for such operation by the Director of Families, Parks and Recreation, including paved streets or other areas within said parks to be utilized by the type of vehicle specially permitted by said Director.

(2)

This section shall not be applicable to the operation of motor vehicles which are under the ownership or control of the City or of other governmental agencies, and which are being operated for a public purpose; or to operation of motor vehicles under the ownership and control of public utilities when such operation has been specially permitted by the Families, Parks and Recreation Director or his representative.

(Ord. of 4-5-1971, § 1; Ord. of 12-7-1992, Doc. #26217; Ord. of 1-12-2004, § 5, Doc. #040112905)

Sec. 43.44. - Selling in Public Parks, Recreation Areas or Public Facilities Prohibited.

It shall be unlawful for any person to sell any service, merchandise, object, food or drink in any public park, recreation area or public facility unless such person is operating pursuant to a current concession agreement with the City for such sales in that particular park, recreation area or public facility, or unless such person has received official City Council approval for such sales.

(Ord. of 8-19-1974, § 1; Ord. of 7-23-1979, § 1)

Sec. 43.45. - Selling from Street, Sidewalks, Public Parks, Public Buildings, and Public Rights-of-Way During Events at the Stadium and Field located at 1 Citrus Bowl Place, Orlando, Florida ("Stadium and/or Field"); Arena located at 400 W. Church Street, Orlando, Florida ("Arena"); Performing Arts Center located at 445 S. Magnolia Ave, Orlando, Florida ("Performing Arts Center"); and Soccer Stadium located at 655 W. Church St, Orlando, Florida ("Soccer Stadium"); Prohibitions and Exceptions.

(a)

During an event held at the Stadium and/or Field stadiums, and during the twelve-hour periods immediately preceding and following any such event, it shall be unlawful for any person to exhibit, offer for sale, sell, or rent any service, goods, wares, merchandise, object, event ticket, food or drink on or from any streets, sidewalks, public rights-of-way, public parks and public buildings, including the real property on which the public building is located, within that area inclusive of, and bordered by the following streets, including all interstate highways and their ingress and egress ramps and all sidewalks and public rights-of-way adjacent to the streets set forth in this subsection, unless otherwise permitted to do so by the City:

(1)

On the north side: W. Central Blvd., between S. Tampa Ave. on the west and S. Orange Blossom Trail on the east;

(2)

On the east side: S. Orange Blossom Trail, between W. Central Blvd. on the north and Carter St. on the south;

(3)

On the south side: Carter St., between S. Tampa Ave. on the west and S. Orange Blossom Trail on the east; and

(4)

On the west side: S. Tampa Ave., between W. Central Blvd. on the north and Carter St. on the south.

(b)

During an event held at the Arena and during the twelve-hour periods immediately preceding and following any such event, it shall be unlawful for any person to exhibit, offer for sale, sell, or rent any service, goods, wares, merchandise, object, event ticket, food or drink on or from any streets, sidewalks, public rights-of-way, public parks and public buildings, including the real property on which the public building is located, within that area inclusive of, and bordered by the following streets, including all interstate highways and their ingress and egress ramps and all sidewalks and public rights-of-way adjacent to the streets set forth in this subsection, unless otherwise permitted to do so by the City:

(1)

On the north side: W. Central Blvd. between S. Terry Ave. on the west and S. Garland Ave. on the east;

(2)

On the east side: S. Garland Ave between W. Central Blvd. on the north and W. Anderson St. on the south;

(3)

On the south side: W. Anderson St. between S. Terry Ave. on the west and S. Garland Ave. on the east;

(4)

On the west side: S. Terry Ave. between W. Central Blvd. on the north and W. Anderson St. on the south.

(c)

During an event held at the Performing Arts Center, and during the twelve-hour periods immediately preceding and following any such event, it shall be unlawful for any person to exhibit, offer for sale, sell or rent any service, goods, wares, merchandise, object, event ticket, food or drink on or from any public streets, sidewalks or rights-of-way included within the area bordered by the following streets, including all interstate highways and their ingress and egress ramps and all sidewalks and public rights-of-way adjacent to the streets set forth in this subsection, unless otherwise permitted to do so by the City:

(1)

On the north side: E. South St., between S. Orange Ave. on the west and S. Rosalind Ave. on the east;

(2)

On the east side: S. Rosalind Ave., between E. South St. on the north and E. Anderson St. on the south;

(3)

On the south side: E. Anderson St., between S. Orange Ave. on the west and S. Rosalind Ave. on the east; and

(4)

On the west side: S. Orange Ave., between E. South St. on the north and E. Anderson St. on the south.

(d)

During an event held at the Soccer Stadium, and during the twelve-hour periods immediately preceding and following any such event, it shall be unlawful for any person to exhibit, offer for sale, sell or rent any service, goods, wares, merchandise, object, event ticket, food or drink on or from any public streets, sidewalks or rights-of-way included within the area bordered by the following streets, including all interstate highways and their ingress and egress ramps and all sidewalks and public rights-of-way adjacent to the streets set forth in this subsection, unless otherwise permitted to do so by the City:

(1)

On the north side: W. Central Blvd., between Glenn Ln. on the west and S. Terry Ave. on the east;

(2)

On the east side: S. Terry Ave., between W. Central Blvd. on the north and W. Church St. on the south;

(3)

On the south side: W. Church St., between Glenn Ln. on the west and S. Terry Ave. on the east; and

(4)

On the west side: Glenn Ln., between W. Central Blvd. on the north and W. Church St. on the south.

(Ord. of 7-23-1979, § 1; Ord. of 12-8-1986, Doc. #20793; Ord. of 12-19-1988, Doc. #22668; Ord. of 2-25-1991, Doc. #24612; Ord. of 3-22-2010, § 1, Doc. #1003221101; Ord. of 9-20-2010, § 1, Doc. #1009201101; Ord. No. 2023-48, § 1, 12-11-2023, Doc. #2312111204)

Sec. 43.46. - Possession of Metal, Glass and Breakable Containers Prohibited at Certain Public Facilities.

It shall be unlawful for any person to have in his possession while on the premises of the Mayor Bob Carr Performing Arts Centre, Expo Centre, Florida Citrus Bowl at Orlando, Tinker Field Stadium or the Orlando Arena any metal, glass or breakable container designed for or containing any food or beverage. This section shall not be construed to prohibit the possession of any such containers by an employee or agent of the City of Orlando, an authorized concessionaire at the facilities, any athletic teams participating in an event or program when such employee or agent is acting in his official capacity, and/or the lessee of the facilities, its agents and employees.

(Ord. of 9-25-1974, § 1; Ord. of 7-23-1979, § 1; Ord. of 12-19-1988, Doc. #22668; Ord. of 12-8-1986, Doc. #20793)

Sec. 43.47. - Automatic Telephone Dialing Alarm System—Definition.

The term "automatic telephone dialing alarm system" shall mean and include any system which, upon being activated, automatically transmits by telephone or telephone line, either directly or indirectly, a recorded message or any other electronic or emergency or mechanical alarm signal to the Orlando Police Department, Orlando Fire Department, or to any other agency or facility of the City of Orlando. However, this definition shall not include, and the provisions of Sections 43.48 through 43.50 inclusive shall not apply to, public coin telephone alarm systems; alarm systems which are utilized by departments or agencies of the Federal, State, County or City government; alarm systems which transit to a department or agency of the City of Orlando live voices and which are capable of two-way communication; or alarm systems which are automatically answered by the response of a private security or claim service agency to the premises from which the alarm originated.

(Ord. of 3-15-1976, § 1; Ord. of 2-5-1979, § 1)

Sec. 43.48. - Same—When Prohibited.

It shall be unlawful for any person, association, firm, partnership, joint venture, syndicate, or corporation to sell, offer for sale, install, maintain, lease, or operate an automatic telephone dialing alarm system, as that term is defined in Section 43.47, connected or to be connected to any exchange telephone trunk line within the City of Orlando, which automatic telephone dialing alarm system is programmed to make telephonic connection with any telephone line which is leased by the City of Orlando and installed within any facility owned or operated by the City of Orlando.

(Ord. of 3-15-1976, § 1)

Sec. 43.49. - Same—Removal of Unlawful System.

The Chief of Police of the City of Orlando, when he has knowledge of the installation or operation of an automatic telephone dialing alarm system prohibited by Section 43.48, shall order, in writing, the owner, operator or lessee of such system to disconnect and cease operation of the system within seventy-two (72) hours following receipt of the written order. Any automatic telephone dialing alarm system installed prior to the effective date of this section and Section 43.48 shall be removed within thirty (30) days of such effective date. It shall be unlawful for any person, association, firm, partnership, joint venture, syndicate, or corporation to fail or refuse to comply with any of the provisions of this section.

(Ord. of 3-15-1976, § 1; Ord. of 9-28-1981, § 1)

Sec. 43.50. - Same—City Not Obligated to Respond.

The City of Orlando, its officers, employees, servants or agents, shall be under no obligation to respond to any message or signal transmitted in violation of Section 43.48. The City of Orlando, its officers, employees, servants or agents, shall not be liable for any failure to respond to any such message or signal.

(Ord. of 3-15-1976, § 1)

Sec. 43.51. - Touching or Offering to Touch the Genitals of Another for Compensation.

(a)

It shall be unlawful and prohibited for any person to receive a fee or other compensation, directly or indirectly, for touching or offering to touch the genitals of another, either directly or indirectly by employing an object or device, for the purpose or with the intent of arousing or gratifying the sexual desire of either party.

(b)

It shall be unlawful and prohibited for any person owning, managing or otherwise controlling any place of business to cause or permit any agent, employee or other person under his control or supervision to participate in conduct prohibited in Subsection (a) of this section.

(Ord. of 11-29-1976, § 1)

Sec. 43.52. - Camping Prohibited; Exceptions.

(1)

For the purposes of this section, "camping" is defined as:

(a)

Sleeping or otherwise being in a temporary shelter out-of-doors; or

(b)

Sleeping out-of-doors; or

(c)

Cooking over an open flame or fire out-of-doors.

(2)

Camping is prohibited on all public property, except as may be specifically authorized by the appropriate governmental authority.

(3)

Camping is prohibited on all property in the City used for residential purposes; provided, however, that camping is permitted on such property with the permission and consent of the property owner.

(Ord. of 9-15-1980, § 1; Ord. of 12-8-1986, Doc. #20791)

Sec. 43.53. - Sleeping on Railroad Tracks and Right-of-Way Adjacent Thereto; Prohibited.

It shall be unlawful for any person to sleep on, or within ten (10) feet of, any railroad track.

(Ord. of 3-16-1981, § 1)

Sec. 43.54. - Precious Metals—Definitions of Terms Used in Sections 43.55 through 43.58.

(1)

Precious Metal means any item containing any gold, silver, or platinum, or any combination thereof, excluding:

(a)

Any chemical or any automotive, photographic, electrical, medical, or dental materials or electronic parts.

(b)

Any coin with an intrinsic value less than its numismatic value.

(c)

Any gold bullion coin.

(d)

Any gold, silver, or platinum bullion that has been assayed and is properly marked as to its weight and fineness.

(2)

Precious Metals Dealer means any person who buys used precious metal for resale excluding:

(a)

Any person, firm or corporation the principal business of which is the retail sale of new goods and which accepts for trade-in previously owned precious metal in a transaction involving the sale of new goods, provided the traded-in precious metal was originally purchased from that person, firm, or corporation.

(Ord. of 5-18-1981, § 1; Ord. of 10-5-1981, § 1; Ord. of 9-16-1985, Doc. #19714)

Sec. 43.55. - Same—Dealers; Records and Reports of Purchases.

(1)

Each precious metals dealer shall maintain for a period of 1 year following any purchase of precious metal the following records of such purchase:

(a)

The full name; residence address; home telephone number, if any; place of employment; business telephone number, if any; and age, race, and sex of each person from whom the precious metal is purchased, the signature of the seller, together with the seller's driver's license number or the number from another form of identification issued by a governmental agency, one other identifying number, and a thumbprint of the seller.

(b)

A specific description of the precious metal item, which description is accurate and as reasonably complete as the nature of the item permits. The description of the precious metal item shall include:

1.

The type of item;

2.

The substance of which the item is made, whether gold, silver, or platinum;

3.

The manufacturing company, if that can be determined; and,

4.

Any permanent initialing or marking on the item, including a brand, monogram, or hallmark.

(c)

The quantity of the precious metal purchased.

(d)

The date of the purchase.

(2)

A copy of the records of any purchase of precious metal shall be submitted by mail or hand delivery within 24 hours after the purchase to the Orlando Police Department.

(Ord. of 9-16-1985, Doc. #19714)

Sec. 43.56. - Same—Dealers; Holding Period After Purchase.

Each precious metals dealer shall retain possession of any precious metal purchased by him in an unaltered condition for a period of seven (7) days following the purchase. However, this section shall not be construed to limit the right of the precious metals dealer to transfer ownership of the precious metal prior to the expiration of the required holding period, provided he retains physical possession of such precious metal for the remainder of the holding period.

(Ord. of 9-16-1985, Doc. #19714)

Sec. 43.57. - Purchase of Precious Metals from Minor.

No precious metals dealer may purchase any precious metal from any person under 18 years of age, unless such person is accompanied by his parent or guardian and unless both the person and the parent or guardian sign the dealer's record pursuant to Sec. 43.55(1)(a).

(Ord. of 5-18-1981, § 1; Ord. of 9-16-1985, Doc. #19714)

Sec. 43.58. - Precious Metals Transactions—Exemptions.

The following transactions shall be exempt from the provisions of Section 43.55 through 43.57 of this Chapter:

(1)

Articles repurchased by a dealer, provided the dealer repurchases from the same person and maintains a record of the prior sale and repurchase;

(2)

Transactions between dealers, provided the article has been previously once reported in accordance with Section 43.55 of this Chapter and held in possession of any dealer within the City for the period set forth in Section 43.56 of this Chapter;

(3)

Transactions other than those in which the seller or transferor of the article appears in person at the dealer's place of business.

(Ord. of 5-18-1981, § 1; Ord. of 9-16-1985, Doc. #19714)

Sec. 43.59. - Penalty.

Any person violating any of the provisions of Sections 43.54-43.57 of this Code shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 5-18-1981, § 1; Ord. of 9-16-1985, Doc. #19714)

Sec. 43.60. - Urinating or Defecating in Public.

It shall be unlawful for any person to urinate or defecate in a public place other than one set aside and designated for that particular purpose.

Sec. 43.61. - Unlawful Use of Right-of-Way After Warning.

(1)

It shall be unlawful for any person or persons, after being ordered by a law enforcement officer to cease the following activity, to remain upon any right-of-way, median, safety zone, sidewalk, street, avenue, alley, public highway, or public grounds within the limits of the City for the purpose of "thumbing," requesting, asking, or soliciting a ride for himself or any other person from the operator of any motor vehicle.

(2)

It shall further be unlawful for the driver of any vehicle to offer or furnish a ride to any person requesting, asking, soliciting, or "thumbing" the same from any right-of-way, median, safety zone, sidewalk, street, avenue, alley, public highway, or public grounds within the limits of the City.

(3)

The provisions hereof shall not be construed to prevent a person upon a right-of-way, median, safety zone, sidewalk, street, avenue, alley, public highway, or public grounds from soliciting, or a driver of a vehicle from furnishing, a ride where an emergency actually exists, nor to prevent a person from signaling or requesting transportation from a vehicle for hire for the purpose of becoming a passenger therein for hire.

(Ord. of 2-14-1983, Doc. #17555; Ord. of 1-22-1996, Doc. #29096)

Sec. 43.62. - Loitering or Prowling Prohibited.

(1)

It is unlawful for any person to loiter or prowl in a place, at a time, or in a manner not usual for law-abiding individuals, under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(2)

Among the circumstances which may be considered in determining whether such alarm or immediate concern is warranted is the following:

a.

The fact that the person takes flight upon appearance of a law enforcement officer;

b.

The fact that the person refuses to identify himself; or

c.

The fact that the person manifestly endeavors to conceal himself or any object.

(3)

Unless flight by the person or other circumstances makes it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting him to identify himself and explain his presence and conduct.

(4)

No person shall be convicted of an offense under this section if the law enforcement officer did not comply with this procedure or if it appears at trial that the explanation given by the person is true and, if believed by the officer at the time, would have dispelled the alarm or immediate concern.

(5)

A violation of this section shall be punishable as provided in Section 1.08 of this Code.

(Ord. of 12-12-1983, Doc. #18223; Ord. of 10-13-1986, Doc. #20643; Ord. of 1-22-1996, Doc. #29097)

Sec. 43.63. - Hoax Bombs.

(1)

For the purposes of this section, "hoax bomb" shall mean and include any device which reasonably appears or is represented to be an explosive or incendiary device.

(2)

For the purposes of this section, "explosive or incendiary device" shall mean and include any bomb, grenade, rocket, missile, or similar device which is designed, made or adapted for the purpose of inflicting serious bodily injury, death or substantial property damage or designed, made or adapted for the purpose of causing such a loud report as to cause public alarm.

(3)

It shall be unlawful for any person to knowingly manufacture, sell, purchase, transport or possess a hoax bomb with the intent to cause another to believe that the hoax bomb is an explosive or incendiary device, thereby causing public alarm and response by a law enforcement or firefighting agency. Sec. 43.64. - Prohibited Activities in City-Owned Restroom Facilities.

It shall be unlawful for any person to do any one or more of the following in any City-owned restroom facility:

(a)

sleep;

(b)

shave, bathe and/or shower; provided, however, that showering is permitted where shower facilities are specifically provided for public use;

(c)

construct any bed or other shelter;

(d)

cook foodstuffs;

(e)

launder any article of clothing;

(f)

light or stoke a fire, sterno or other flammable device used primarily for cooking foodstuffs.

(Ord. of 7-15-1985, Doc. #19578)

Sec. 43.65. - Unauthorized Use of City-Owned Artifacts.

Any and all treasure trove, artifacts and such objects having intrinsic or historical and archaeological value which have been abandoned on City-owned lands or City-owned submerged lands shall belong to the City. All recovered artifacts shall be retained or disposed of in such a place and manner as approved by the City Council. No person shall remove, alter, or in any way tamper with treasure trove, artifacts, or any of the objects protected by this section, located on City-owned lands or City-owned submerged lands unless authorized by the City Council. Any person removing, altering or tampering with City-owned artifacts, without said prior permission, shall be punished in accordance with Section 1.08 of this Code.

(Ord. of 6-24-1985, Doc. #19551)

Sec. 43.66. - Prohibitions.

(1)

It shall be unlawful for any person to cast, throw or otherwise place any paper, unsolicited merchandise or discarded materials on any private residential lawn or driveway without the express consent of the owner, or of an adult occupant thereof, or of a person authorized by such owner or occupant to give such consent.

(2)

It is unlawful for any person to cast, place, or scatter any paper, unsolicited merchandise, or discarded material on any vehicle on any public property or on any parking lot open to the use of the public, in any manner other than by the delivery thereof to a person who then and there accepts the same or has given his express consent to the receipt thereof.

(Ord. of 12-16-1985, Doc. #19871)

Sec. 43.67. - Exemptions.

The provisions of this Chapter shall not apply to the regular delivery of newspapers or magazines which have been subscribed to by the persons receiving them or by occupants of the residence to which they are delivered or by the distribution of mail by the United States Government or by the service of any lien foreclosure, governmental notices of process.

(Ord. of 12-16-1985, Doc. #19871)

Sec. 43.68. - Delivery to Private Residence After Notice of Objection.

It shall be unlawful for any person to continue to distribute, cast, throw, or otherwise place circulars, handbills, newspapers, magazines, paper, merchandise or discarded material on private residential property, after receiving notification by the owner or occupant of a private residence that said owner or occupant does not wish to receive the item being distributed to said residence.

(Ord. of 12-16-1985, Doc. #19871)

Sec. 43.69. - Variances.

The Council may, by written resolution, grant variances from the provisions of this Chapter to permit the distribution of papers or merchandise as otherwise prohibited, upon such terms and conditions as City Council may impose, after due consideration of the following:

(1)

The nature, scope, purpose, method, and times of distribution.

(2)

The extent of the distribution, both as to time required therefor and area to be covered.

(3)

The identity of the person or persons who will be responsible for the conduct of the distribution.

(4)

The date or dates on or between which the distribution is to be accomplished.

(5)

The approximate number of individuals who will be engaged in the distribution.

(6)

The provision for removal, by the individual or organization proposing the distribution, of items not removed by the property owner within a reasonable period of time following the distribution.

(7)

The likelihood, or lack thereof, of the distribution constituting a real and present danger to the public health, welfare and safety.

(Ord. of 12-16-1985, Doc. #19871)

Sec. 43.70. - Erection of Signs, Signposts, etc., Generally.

No sign, signpost or other advertising device of like nature shall be erected upon any sidewalk, parkway or any other space belonging to the City; provided, however, City Council shall have the authority to permit specifically signs, signposts or other advertising devices on space belonging to the City other than rights-of-way. This section shall not be construed to prohibit street banner signs when approved pursuant to Section 58.4142 of this Code. This section shall not apply to signs erected by the City of Orlando, Orlando Utilities Commission, the Orlando Housing Authority, or the Greater Orlando Aviation Authority.

Any person who shall violate or authorize the violation of any of the provisions of this section shall be punished as provided in Section 1.08 of this Code.

(Ord. of 11-18-1985, Doc. #19874; Ord. of 2-8-1988, Doc. #21841)

Sec. 43.71. - Writing or Painting Advertising Matter on Streets and Sidewalks.

It shall be unlawful for any person to write, print, mark, paint, stamp or paste any sign, notice or advertisement upon the surface of any sidewalk or paved street in the City.

(Ord. of 11-18-1985, Doc. #19873)

Sec. 43.72. - Use of Parking Spaces for Sale of Vehicles.

It shall be unlawful for any person to use any parking space in the streets of the City for the purpose of exhibiting or offering for sale any automobile or other vehicle, whether such vehicle belongs to himself or to another.

(Ord. of 11-18-1985, Doc. #19872)

Sec. 43.73. - Skateboarding.

(a)

Definitions.

1.

Skateboard means a board made of wood, fiberglass, or other material or combination of materials mounted on two axles, front and rear, with two or more wheels made of clay, polyurethane, or other material or combination of materials attached to each axle. The term "skateboard" includes motorized skateboards propelled by a motor mounted on the skateboard.

2.

Skateboarding means lying, sitting, squatting, kneeling, or standing upon a skateboard and propelling oneself by any means which causes the skateboard to move, including but not limited to: jumping on a skateboard; being pulled or pushed while situated on a skateboard; pushing the ground or surface with one foot while keeping one's other foot on the skateboard; by riding a skateboard from one elevation to a lower elevation; or by operation of a motor mounted on a skateboard.

3.

Transportation purposes means the conveyance or movement of a person from one location to another on any road or street where the posted speed limit is 25 miles per hour or less, and any paved trail, sidewalk, or other improved surface in the public right-of-way. It does not mean tricks, jumps, gymnastics, grinding, or other physical feats unnecessary to the efficient conveyance or movement of the person from one location to another.

(b)

Prohibitions.

1.

Skateboarding is prohibited on all public property owned or controlled by the City and on all public property owned or controlled by other governmental entities, except for:

A.

transportation purposes if the person skateboarding yields the right-of-way to pedestrians and gives an audible signal before overtaking and passing a pedestrian; or

B.

as may specifically authorized by the appropriate governmental entity.

Notwithstanding subparagraphs A. and B., skateboarding is prohibited on all public property owned or controlled by the City and on all public property owned or controlled by other governmental entities, or any portion thereof, where prohibited by clearly visible signs or markings.

2.

Skateboarding is prohibited on all private property in the City; provided, however, that skateboarding is permitted on such property with the permission and consent of the owner, tenant, or other person lawfully in possession of said property.

3.

The prohibitions of this subsection shall not apply upon any street while set aside as a play street authorized pursuant to the Florida Uniform Traffic Control Law or as designated by the state, county, or municipal authority having jurisdiction.

(c)

Helmet required for those under 16. A skateboarder who is under 16 years of age must wear a skateboarding helmet that is properly fitted and is fastened securely upon the skateboarder's head by a strap and that meets the "Standard Specification for Helmets Used in Skateboarding and Trick Roller Skating," ASTM F1492-15.

(Ord. of 7-25-1988, Doc. #22274; Ord. of 4-5-1999, §§ 1, 2, Doc. #32005; Ord. No. 2018-56, § 6, 10-8-2018, Doc. #1810081203)

Sec. 43.74. - Protection of Wildlife on Public Property Owned or Controlled by the City of Orlando.

Except for activities of a governmental agency within the scope of its governmental authority, it shall be unlawful for any person to kill, injure, harm, capture, chase, poison, or remove any wildlife, animal, bird, or touch, break, remove, or relocate any bird egg located above, upon, or under any property owned or controlled by the City of Orlando.

(Ord. of 7-17-1989, Doc. #23145)

Sec. 43.75. - Littering on Public Property, Lakes and Private Property Prohibited.

1.

Definitions.

a.

Litter means any garbage, rubbish, trash, refuse, can, bottle, container, paper, lighted or unlighted cigarette or cigar, flaming or glowing material, box, or wood.

b.

Person means any individual, firm, corporation, partnership, or unincorporated association.

2.

Prohibitions. It is unlawful for any person to throw, discard, place or deposit litter in any manner or amount and intentionally refuse to remove the litter after being ordered to do so by a law enforcement officer:

a.

In or on any public highway, road, street, alley or thoroughfare, including any portion of the right-of-way thereof, or any other public lands, except in containers or areas lawfully provided therefor; when any litter is thrown or discarded from a motor vehicle, the operator or owner of the motor vehicle, or both, shall be deemed in violation of this section; or

b.

In or on any freshwater lake, stream, or pond; when any litter is thrown or discarded from a boat, the operator or owner of the boat, or both, shall be deemed in violation of this section; or

c.

In or on any private property, unless prior consent of the owner has been given and unless such litter will not cause a public nuisance or be in violation of any other state or local law, rule, or regulation;

d.

In or at any public transportation, park, recreation or sport facilities or grounds, except in containers or areas lawfully provided therein and designated therefor.

(Ord. of 7-17-1989, Doc. #23144; Ord. of 1-22-1996, Doc. #29098)

Secs. 43.76—43.78. - Reserved.

Sec. 43.79. - False Permits, Licenses, Decals, and Certificates.

(1)

It shall be unlawful for:

(a)

Any person to falsely make, alter, forge or counterfeit any City of Orlando permit, license, decal, or certificate.

(b)

Any person to possess or use any falsely made, altered, forged or counterfeited City of Orlando permit, license, decal, or certificate.

(2)

It shall be no defense that the license, permit, decal, or certificate referred to in subsection (1) shall declare that it is not a true permit, license, decal, or certificate.

(3)

The falsely made, altered, forged or counterfeited permit, license, decal, or certificate shall not be required to be an exact reproduction of the authentic document to warrant prosecution under this section. Any falsely made, altered, forged or counterfeited permit, license, decal, or certificate proffered, displayed, or used as is customary for the authentic permit, license, decal, or certificate shall constitute sufficient grounds to believe a violation of this ordinance has been committed.

(Ord. of 9-16-1991, Doc. #25092)

Sec. 43.80. - Youth Protection Ordinance; Purpose and Definitions.

(1)

Purpose. The Youth Protection Ordinance is intended to promote parental control and responsibility for their minor children and protect juveniles from victimization and exposure to criminal activity.

(2)

Definitions.

(a)

Chief of Police means the Chief of Police of the City of Orlando or a designated representative.

(b)

City Prosecutor means the City Prosecutor of the City of Orlando or a designated representative.

(c)

Restricted Hours means 12:01 a.m. until 6:00 a.m. on any day.

(d)

Direct Route means the shortest reasonable path of travel to reach a final destination without any detour or stop along the way.

(e)

Emergency means a fire, a natural disaster, an automobile accident, or any unforeseen situation requiring immediate action to prevent or care for a serious bodily injury or loss of life.

(f)

Establishment means any place of business to which the public is invited, including but not limited to, any place of amusement or entertainment.

(g)

Holding Location means a place designated by the Chief of Police to which a minor taken into custody for a violation of this ordinance may be delivered to await pick up by a parent or juvenile authorities.

(h)

Minor or Juvenile means any person under the age of 18.

(i)

Operator means any individual, firm, association, partnership, or corporation operating, managing, or conducting business within any establishment, or any employee thereof.

(j)

Parent means a person who is:

(i)

a natural, adoptive, or foster parent of another person; or

(ii)

a court-appointed guardian of another person.

(k)

Public Place means any street, alley, highway, parking lot, sidewalk, playground, park, plaza, building or other property owned or controlled by a governmental entity.

(l)

Downtown or Restricted Area means that area of the City of Orlando bounded on the north by Colonial Drive, on the south by South Street, on the west by Hughey Avenue, including the Church Street garage, and on the east by Rosalind Avenue south of Livingston Street and Magnolia Avenue north of Livingston Street, including the sidewalks and rights-of-way abutting said streets.

(Ord. of 4-18-1994, Doc. #27449)

Sec. 43.81. - Same—Violation.

(1)

Except as provided in Section 43.82, a minor shall not enter or remain within the downtown area during the restricted hours.

(2)

The owner, operator, or any employee of an establishment within the downtown area shall not allow any person to enter or remain upon the premises of the establishment during restricted hours unless such person has:

(a)

proper identification demonstrating that such person is 18 years of age or older; or

(b)

can demonstrate that such person is otherwise exempt from this ordinance.

(Ord. of 4-18-1994, Doc. #27449)

Sec. 43.82. - Same—Exceptions and Defense.

(1)

It shall not be a violation of Section 43.81 if the minor is:

(a)

accompanied by the minor's parent;

(b)

in a motor vehicle traveling on an interstate highway;

(c)

engaged in an employment activity, or using a direct route to or from a place of employment;

(d)

reacting or responding to an emergency;

(e)

attending or traveling to or from, by direct route, an official school, religious, or recreational activity, that is supervised by adults and is sponsored by a governmental entity, civic or religious organization or other similar entity that accepts responsibility for the juvenile as an invitee.

(2)

It shall be a defense to prosecution under Section 43.81(b) that the owner, operator, or employee of an establishment promptly notified the police department that a minor was present on the premises of the establishment during the restricted hours and that such minor refused to leave.

(Ord. of 4-18-1994, Doc. #27449)

Sec. 43.83. - Same—Enforcement.

(1)

A law enforcement officer, upon finding a minor in violation of this ordinance, shall:

(a)

order the minor to leave the restricted area for the remainder of the restricted hours; or

(b)

take the minor into protective custody if the officer has reasonable grounds to believe that the minor has been abandoned or neglected, or is in immediate danger from his surroundings and that his removal is necessary for his own protection; or

(c)

issue a trespass warning of a specific duration, which is limited to the downtown area during the restricted hours.

(2)

When a minor is taken into custody, under subsection (1)(b), by a law enforcement officer, he shall deliver the minor to a holding location or other facility as provided for by Florida Statutes ch. 39.

(3)

The Chief of Police and his officers, agents, and designees are hereby granted the authority to issue trespass warnings in any public place within the downtown area for the purpose of enforcing this ordinance.

(Ord. of 4-18-1994, Doc. #27449)

Sec. 43.84. - Same—Penalties.

(1)

Any owner, operator, or employee of an establishment who violates Section 43.81 of this ordinance shall be subject to the penalties provided for in Section 1.08 of the City Code.

(2)

Following three (3) or more violations of this ordinance by a minor, the City Prosecutor or a designated representative may contact the appropriate state agency and request an investigation of the minor's home as provided for by law.

(Ord. of 4-18-1994, Doc. #27449)

Sec. 43.85. - Selling on Public Property Other Than Right-of-Way.

It shall be unlawful for any person to exhibit for sale, offer for sale or sell any service, merchandise object, food or drink in, on or from any public property other than public right-of-way (as defined in Section 54.02) unless:

(1)

Such person is operating within and pursuant to a current franchise or concession agreement with the City for such sales at such locations,

(2)

Such person received specific approval for such sales from the proper governmental authority if the public property is owned by a governmental agency other than the City of Orlando,

(3)

Such person is operating a transportation service otherwise permitted by this Code or State law,

(4)

Such sales are otherwise expressly permitted on public property by this Code and all conditions, permits, licenses, and regulations applicable thereto have been met or obtained,

(5)

Such sales fall within a recognized, constitutionally guaranteed exercise of the freedom of religion, speech, or the press, or,

(6)

Such sales received specific City Council approval.

(Ord. of 10-9-1995, Doc. #28845)

Sec. 43.86. - Reserved.

Editor's note— Ord. No. 2017-42, § 2, adopted July 24, 2017, Doc. #1707241206, repealed § 43.86 in its entirety. Formerly said section pertained to panhandling and derived from Ord. of 1-22-1996, Doc. #29099; Ord. of 2-10-1997, Doc. #30025; Ord. of 12-1-1997, Doc. #30794; Ord. of 11-2-1998, Doc. #31647; Ord. of 8-23-1999, § 1, Doc. #32281; Ord. of 8-21-2000, §§ 1, 2, Doc. #33176; Ord. of 9-17-2007, § 1, Doc. #0709171202.

Sec. 43.87. - Reserved.

Editor's note— Ord. No. 2017-42, § 3, adopted July 24, 2017, Doc. #1707241206, repealed § 43.87 in its entirety. Formerly said section pertained to Solicitation and Off-Premises Canvassing on Public Property in the Downtown Core District of Orlando, Florida and derived from Ord. of 8-21-2000, § 1, Doc. #33175; Ord. of 9-17-2007, § 2, Doc. #0709171202; Ord. No. 2010-41, § 1, 9-20-2010, Doc. #1009201103.

Sec. 43.88. - Sitting/Lying on Sidewalks in the Downtown Core District Prohibited.

(1)

Definitions.

Sidewalk—An improved walkway intended primarily for pedestrians, usually running parallel to one or both sides of the pavement of a street and public transit waiting areas located within the public right-of-way.

Downtown Core District—An area in the City of Orlando, Florida described as: Begin at a point on South Parramore Avenue lying 50 feet south of the West Church Street roadway, thence run north along South Parramore Avenue to a point lying fifty feet north of the West Church Street roadway, thence run east along a line lying fifty feet north of the West Church Street roadway to South Hughey Avenue, thence run north along South Hughey Avenue to North Hughey Avenue, thence continue running north along North Hughey Avenue to West Robinson Street, thence run west along West Robinson Street to North Parramore Avenue, thence run north along North Parramore Avenue to West Concord Street, thence run east along West Concord Street to Putman Avenue, thence run north along Putnam Avenue to West Colonial Drive, thence run east along West Colonial Drive to North Hughey Avenue, thence run south along North Hughey Avenue to West Amelia Street, thence run east along West Amelia Street to East Amelia Street, thence continue running east along East Amelia Street to North Rosalind Avenue, thence run south along North Rosalind Avenue to South Rosalind Avenue, thence continue running south along South Rosalind Avenue to East Anderson Street, thence run west along East Anderson Street to West Anderson Street, thence continue running west along West Anderson Street to South Division Avenue, thence run north along South Division Avenue to a point lying fifty feet south of the West Church Street roadway, thence run west along a line lying fifty feet south of the West Church Street roadway to South Parramore Avenue and the point of beginning, including the sidewalks and rights-of-way abutting all said streets.

(2)

Prohibition. It is unlawful for any person, after having been notified by a law enforcement officer of the prohibition in this section, to sit or lie down upon a public sidewalk or upon a blanket, chair, stool, or any other object placed upon a public sidewalk, in the Downtown Core District.

(3)

Affirmative Defenses. It is an affirmative defense to the prohibition in this section if it is shown that:

(a)

Sitting or lying down on a public sidewalk is due to a medical emergency; or

(b)

As a result of age, infirmity or disability a person utilizes a wheelchair, walker, stroller, or similar device to move about a public sidewalk; or

(c)

The person is operating or patronizing a commercial establishment conducted on the public sidewalk pursuant to a street use or similar permit: or a person participating in or attending a parade, festival, performance, rally, demonstration, meeting or similar event conducted on a public sidewalk pursuant to a street use or other applicable permit; or

(d)

The person is sitting on a chair or bench located on the public sidewalk which is supplied by a public or private agency or by the abutting private property owner; or

(e)

The sitting or lying is while waiting in an orderly line for entry to any building, including shelters, or awaiting social services such as provision of meals; or outside a box office to purchase tickets to any sporting event, concert, performance, or other special event; or

(f)

The sitting or lying is an integral part of a planned, publicized protest by ten (10) or more people accompanied by incidents of speech such as signs and literature explaining the protest, for which proper city permits have been obtained.

(Ord. of 8-5-2002, § 1, Doc. #020805701; Ord. No. 2017-42, § 4, 7-24-2017, Doc. #1707241206)

Sec. 43.89. - Gasoline Station Sign Requirements.

(1)

Purpose. The purpose of this section is to protect consumers from an unfair and deceptive trade practice of unscrupulous operators of gas stations. It is standard practice in the retail gasoline industry for gasoline stations to post their fuel prices on signs visible from the street. Consumers rely on these signs to compare prices between competing gasoline retailers. Failure to abide by this customary practice is especially unfair where gasoline retailers, by virtue of their location, serve a largely tourist clientele that may be unfamiliar with local market conditions and trade practices.

(2)

Gasoline price signs required. It is unlawful and a violation of this Code for any person, firm, or corporation to sell gasoline at retail, or allow gasoline to be sold at retail, unless the premises on which the gasoline is sold contains a sign or signs conforming to the requirements of this section and which sign or signs display the sales price for at least two non-diesel grades of unleaded gasoline, with one of the prices being for the lowest octane rated gasoline offered on the premises. Prices must be displayed in terms of dollars and parts thereof per gallon of gasoline.

(3)

Sign standards. Signs required by subsection (2) of this section, must conform to the following minimum standards:

a.

Location of signs. Signs must conform to all setback requirements of the City's land development code, and other applicable laws, and must be designed and located on the premises of the gas station so that passing motorists are effectively apprised of the price of the gasoline sold on the premises.

b.

Sign size. Signs must conform to maximum sign area and dimension requirements of the City's land development code, except as provided in subsection e. of this part, and other applicable laws. The numerals constituting the dollars and cents price per gallon of fuel must be at least sixteen (16) inches tall and nine and one-half (9½) inches wide if the gas station is located on a road with a speed limit of forty (40) miles per hour or greater. The numerals constituting the dollars and cents price per gallon of fuel must be at least fourteen (14) inches tall and 8 and one-half (8½) inches wide if the gas station is located on a road with a speed limit under forty (40) miles per hour. This part does not apply to the size of numerals constituting fractions of a penny.

c.

Visibility. Signs must be kept free from vegetation and other obstructions that effectively block the view of the sign from the adjacent street. The numerals constituting the price of gasoline must sharply contrast with the background color of the sign so that a passing motorist of average visual acuity is effectively apprised of the price of the gasoline sold on the premises. If the gasoline price sign is contained within a sign face with other advertising material, the gasoline price sign must be separate and distinct from the other material so that the gasoline price is not camouflaged or effectively hidden from passing motorists.

d.

Illumination. Signs must be illuminated in a manner that makes the sign visible at night to a person of average visual acuity.

e.

Sign area variance. A gas station that as of the effective date of this section exceeds its maximum allowable sign area, or would exceed its maximum allowable sign area if in compliance with this section, may exceed such restriction to the minimum extent necessary to comply with this section. A sign installed pursuant to this subsection is hereby made a legally existing nonconforming structure that must be brought into compliance with this section when a substantial improvement to the station's total sign package is undertaken.

(4)

Applicability.

a.

Compliance schedule. Gas stations open for business as of the effective date of this ordinance and gas stations under construction pursuant to a valid building permit issued by the City's building official by the effective date of this ordinance must comply with the requirements of this section by November 15, 2010. All other gas stations must conform to the requirements of this section prior to the issuance of a certificate of occupancy for the gas station by the City's building official.

b.

Where applicable. The requirements of this section apply only to gas stations located within the jurisdictional boundaries of the City and located within the boundaries of the following figure. This section also applies to gas stations within the jurisdictional boundaries of the City and that are located on property abutting the public right-of-way that constitutes the boundaries of the district depicted in the following figure.

(5)

Definitions.

a.

"Gasoline" means a flammable and combustible liquid commonly used as a motor fuel.

b.

"Gas station" means a place of business offering gasoline for retail sale.

(6)

Penalties. Violations of this section are punishable as provided in Article I and Article II, Chapter 5, of this Code.

(Ord. No. 2010-4, § 1, 6-7-2010, Doc. #1006071103; Ord. No. 2010-46, § 1, 10-18-2010, Doc. #1010181111)

Sec. 43.90. - Secondary Metals Recyclers—Definitions of Terms used in Section 43.91 and 43.92.

(1)

"Ferrous Metals" means any metals containing significant quantities of iron or steel.

(2)

"Fixed Location" means any site occupied by a secondary metals recycler as owner of the site or as lessee of the site under a lease or other rental agreement providing for occupation of the site by the secondary metals recycler for a total duration of not less than 364 days.

(3)

"Money" means a medium of exchange authorized or adopted by a domestic or foreign government as part of its currency.

(4)

"Nonferrous Metals" means metals not containing significant quantities of iron or steel, including, without limitation, copper, brass, aluminum, bronze, lead, zinc, nickel, and alloys thereof, excluding precious metals as defined in Section 43.54(1) of this Code.

(5)

"Purchase Transaction" means a transaction in which a secondary metals recycler gives consideration for regulated metals property.

(6)

"Regulated Metal Property" means any item composed primarily of any nonferrous metals, but shall not include aluminum beverage containers, used beverage containers, or similar beverage containers. The term shall include stainless steel beer kegs.

(7)

"Secondary Metals Recycler" means any person who:

(a)

is engaged, from a fixed location or otherwise, in the business of gathering or obtaining ferrous or nonferrous metals that have served their original economic purpose or is in the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value; or

(b)

has facilities for performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, other than by the exclusive use of hand tools, by methods including, without limitation, processing, sorting, cutting, classifying, cleaning, baling, wrapping, shredding, shearing, or changing the physical form or chemical content thereof.

(8)

"Seller" means a person from who regulated metal property is acquired or an authorized agent of the seller. For purposes of this section, an authorized agent is a current employee, agent, or contractor of a governmental entity, utility company, cemetery, railroad, manufacturer, or other person, business, or entity owning the property. Proof that a seller is an authorized agent may be evidenced by a letter of authorization on the official letterhead of the entity indicating that the seller is authorized to sell the item of regulated metal property and must include the date it is written. An authorization letter shall remain effective for 90 days from the date indicated on the letter or until rescinded, whichever first occurs. A secondary metals recycler may retain an authorization letter on file or the seller may present an authorization letter on the date of each purchase transaction.

(Ord. No. 2010-19, § 1, 8-30-2010, Doc. #1008301110; Ord. No. 2011-4, § 1, 1-24-2011, Doc. #1101241102)

Sec. 43.91. - Same—Recyclers; Limitations on Cash Transactions.

(1)

A secondary metals recycler shall not enter into any cash transaction for purchase of regulated metals property listed in Section 43.92(1) of this Code.

(2)

Payment by a secondary metals recycler for the purchase of regulated metals property listed in Section 43.92 (1) of this Code shall be made by check issued to the seller of the metal and payable to the seller or by electronic payment to the seller's or employee of the seller's bank account.

(3)

Each check for payment shall be mailed by the secondary metals recycler directly to the current street address of the seller which is on file with the secondary metals recycler. Payment shall not be mailed to a post office box. Electronic payments shall be sent to an account for which the seller is listed as an account holder or an employee or agent thereof.

(4)

Each check or electronic payment shall be mailed or electronically transferred by the secondary metals recycler to the seller within three (3) days of the purchase transaction.

(Ord. No. 2010-19, § 1, 8-30-2010, Doc. #1008301110; Ord. No. 2011-4, § 1, 1-24-2011, Doc. #1101241102)

Sec. 43.92. - Same—Restrictions on Purchases.

(1)

A secondary metals recycler shall not purchase any of the following items of regulated metal property without obtaining proof that the seller owns the property (such as by a receipt or bill of sale), or proof that the seller is an authorized agent and the seller is authorized to sell the item of regulated metal property on behalf of the person, business, or entity owning the property:

(a)

A manhole cover.

(b)

An electric light pole or other utility structure and its fixtures, wires and hardware.

(c)

A guard rail.

(d)

A street sign, traffic sign, or traffic signal and its fixtures and hardware.

(e)

Communication, transmission, distribution, and service wire, including copper or aluminum busbars, connectors and grounding plates or grounding wire.

(f)

A funeral marker or funeral vase.

(g)

An historical marker.

(h)

Railroad equipment, including, but not limited to a tie plate, signal house, control box, switch plate, E clip, or rail tie junction.

(i)

Any metal item that is marked with any form of the name, initials, or logo of a governmental entity, utility company, cemetery, or railroad.

(j)

A copper or aluminum condensing or evaporator coil, including tubing or rods, from a heating or air conditioning unit.

(k)

An aluminum or stainless steel container or bottle designed to hold propane for fueling forklifts.

(l)

Stainless steel beer kegs.

(m)

A catalytic converter or any part of a catalytic converter.

(n)

Metallic wire that was burned in whole or in part to remove insulation.

(o)

Brass or bronze commercial valves or fittings, referred to as "FDC valves" that are commonly used on structures for access to water for the purpose of extinguishing fires.

(p)

Brass or bronze commercial potable water backflow preventer valves that are valves commonly used to prevent backflow of potable water into municipal domestic water service systems from commercial structures.

(q)

A shopping cart.

(r)

Copper piping or tubing exceeding twenty-five (25) pounds in weight.

(s)

Copper guttering or downspouts.

(2)

To establish proof of ownership, for purposes of subsections 43.92(1)(j), (m), (r), and (s) only, a seller of regulated metals property may provide a signed statement stating that she or he is the rightful owner of, or is entitled to sell the regulated metals property being sold.

(3)

When any seller engages in a purchase transaction or attempts to engage in a purchase transaction of any of the items listed above, the secondary metals recycler shall notify the Orlando Police Department within 24 hours of the purchase transaction or attempted purchase transaction. Notification for a purchase transaction shall include all of the records required pursuant to Florida Statute section 538.19, except the amount of consideration given in the purchase transaction. Notification for an attempted purchase transaction shall include any information the secondary metals recycler is able to obtain identifying the individual who attempted the purchase transaction and the regulated metal property including, but not limited to photographs, video, vehicle description, vehicle tag, physical description of the regulated metal property and the individual who attempted to sell the regulated metal property.

(4)

The secondary metals recycler may provide a check at the time of the purchase transaction, rather than mailing said check as required in Section 43.91 of this Code, if the Seller is in one of the following exempt categories:

(a)

Organizations, corporations, or associations registered with the state as charitable, philanthropic, religious, fraternal, civic, patriotic, social, or school-sponsored organizations or associations, or from any nonprofit corporation or association;

(b)

A law enforcement officer acting in an official capacity;

(c)

A trustee in bankruptcy, executor, administrator, or receiver who has presented proof of such status to the secondary metals recycler;

(d)

Any public official acting under judicial process or authority who has presented proof of such status to the secondary metals recycler;

(e)

A sale on the execution, or by virtue of any process issued by a court, if proof thereof has been presented to the secondary metals recycler; or

(f)

A manufacturing, industrial, or other commercial vendor that generates regulated materials in the ordinary course of business.

(Ord. No. 2010-19, § 1, 8-30-2010, Doc. #1008301110; Ord. No. 2011-4, § 1, 1-24-2011, Doc. #1101241102)

Sec. 43.93. - Penalty.

A violation of Sections 43.91 and 43.92 of this Code shall be punishable as provided in Section 1.08 of this Code.

(Ord. No. 2010-19, § 1, 8-30-2010, Doc. #1008301110; Ord. No. 2011-4, § 1, 1-24-2011, Doc. #1101241102)

Sec. 43.94. - Residency restrictions for sex offenders.

(1)

As used in this section, the term:

a.

"Child care facility" has the same meaning as provided in Section 402.302, Florida Statutes.

b.

"Park" means all public and private property specifically designated as being used for recreational purposes.

c.

"Playground" means a designated area for children that has one or more play structures.

d.

"School" has the same meaning as provided in section 1003.01, Florida Statutes, and includes private schools as defined in section 1002.01, Florida Statutes, a voluntary prekindergarten education program as described in section 1002.53(3), Florida Statutes, a public school described in section 402.3025(1), Florida Statutes, the Florida School for the Deaf and Blind, the Florida Virtual School as established under section 1002.37, Florida Statutes, and a K-8 Virtual School as established under section 1002.415, Florida Statutes, but does not include facilities dedicated exclusively to the education of adults.

(2)

A person who has been convicted of a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after October 1, 2004, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.

(3)

A person who has been convicted in a jurisdiction other than Florida of an offense that is similar to a violation of sections 794.011, 800.04, 827.071, 847.0135(5), or 847.0145, Florida Statutes, regardless of whether adjudication has been withheld, in which the victim of the offense was less than 16 years of age, may not reside within 1,500 feet of any school, child care facility, park, or playground. However, a person does not violate this subsection and may not be forced to relocate if he or she is living in a residence that meets the requirements of this subsection and a school, child care facility, park, or playground is subsequently established within 1,500 feet of his or her residence. This subsection applies to any person convicted of such a violation for offenses that occur on or after May 26, 2010, except for persons who have been removed from the requirement to register as a sexual offender or sexual predator pursuant to section 943.04354, Florida Statutes.

(Ord. No. 2013-26, § 1, 5-20-2013, Doc. #1305201202)

Sec. 43.95. - Possession of cannabis or cannabis paraphernalia.

(1)

As used in this section, the term:

a.

Cannabis means all parts of any plant of the genus Cannabis, whether growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. The term does not include "low-THC cannabis" and "medical cannabis" as defined by section 381.986, Florida Statutes.

b.

Cannabis paraphernalia means any object used, intended for use, or designed for use, in ingesting, inhaling, smoking, or otherwise introducing cannabis into the human body, or any object used, intended for use, or designed for use, in storing, containing, concealing, or transporting cannabis.

(2)

It is unlawful and a violation of this Code for any person to possess cannabis paraphernalia or 20 grams or less of cannabis.

(3)

A person found in violation of possession of cannabis under subsection (2) may not also be found in violation of possession of cannabis paraphernalia under subsection (2) arising out of the same incident.

(4)

Any person violating subsection (2) of this section may be issued a code citation pursuant to Article II, Chapter 5, of this Code, and shall, upon conviction, be punished as provided in Article II, Chapter 5, of this Code, except that first and second time offenders of this section may, in lieu of paying the civil penalty as provided by section 5.19 of this Code, participate in and successfully complete the substance abuse diversionary program created by subsection (5) of this section.

(5)

Substance Abuse Diversionary Program. There is hereby created a substance abuse diversionary program as an alternative to paying the reduced civil penalty for violations of subsection (2) of this section. The purpose of this diversionary program is to provide the opportunity for high-quality substance abuse education or to require meaningful community service to the City of Orlando. Persons cited for violating subsection (2) of this section may, in lieu of paying the reduced civil penalty as provided by section 5.19 of this Code, participate in and successfully complete one of the following two subprograms:

a.

Substance Abuse Education. At least 8 hours of substance abuse education provided by a city-approved non-profit organization.

b.

Community Service. At least 8 hours of community service performed for a city-approved non-profit organization.

The terms and conditions of the Substance Abuse Diversionary Program shall be established by the city prosecutor.

(Ord. No. 2016-36, § 1, 5-9-2016, Doc. #1605091202)

Sec. 42.09. - Enforcement. Chapter 43A - STATE OF EMERGENCY