Chapter 54 - STREETS AND SIDEWALKS

Sec. 53.08. - Costs Incurred in Pursuit of Tax or Information as a Result of a Violation of this Chapter. Chapter 55 - REGULATION OF TAXICABS, LIMOUSINES, LUXURY PASSENGER VEHICLES, SHUTTLES AND OTHER VEHICLES-FOR-HIRE Chapter 54 - STREETS AND SIDEWALKS[1]

Footnotes: --- (1) ---

Editor's note— An ordinance dated June 24, 1985, Doc. #19552, repealed former §§ 54.01, 54.03—54.11, 54.15—54.18, 54.28—54.36, 54.45, and 54.66—54.74.

ARTICLE I. - IN GENERAL

Sec. 54.01. - Reserved.

All streets, alleys and roads in the City that have been laid out according to law are declared to be streets, alleys and roads of the City.

Sec. 54.02. - Definitions.

(1)

Building Official: The Building Official of the City of Orlando or their designee.

(2)

City Engineer: The City Engineer of the City of Orlando or their designee.

(3)

Driveway: That portion of the parkway used for ingress and egress to the abutting private property from the street.

(4)

Encroachment: Any object occupying any portion of a public right-of-way which is not for the use and convenience of the general public including but not limited to: building or other materials, all or portions of permanent or temporary buildings or other structures, fences and ornamental structures, excluding federally approved mailboxes where permitted and approved driveways as permitted hereinafter.

(5)

Parkway: That portion of a public right-of-way between the adjoining private property and the street, including property set aside for ornamental purposes, driveway or other purposes accessory to the use of the street other than sidewalks.

(6)

Public Works Director: The Public works Director or their designee.

(7)

Right-of-Way: The strip of land owned or controlled by the City or another governmental agency over which the public has a right of passage, including the streets, parkways, sidewalks and driveways constructed thereon.

(8)

Right-of-Way (ROW) Utilization Area: A use located on a public sidewalk or plaza associated with a legally permitted bar or nightclub to facilitate customer queuing. It may contain tables and chairs and/or stanchions, railings, or other approved barriers.

(9)

Sidewalk: A walkway intended primarily for pedestrians at one or both sides of the public street.

(10)

Sidewalk Café: A use located on a public sidewalk or plaza associated with a legally permitted restaurant, bar, or nightclub to facilitate food and drink service. It may contain tables and chairs, and may be shaded by awnings, canopies, or umbrellas if applicable permits for same have been obtained.

(11)

Street: The area of the public right-of-way which is intended for vehicular traffic including paved, concrete, brick or unpaved roadways but not including service entrances or driveways leading from the roadways onto adjoining property.

(12)

Transportation Engineer: The Transportation Engineer of the City of Orlando also formerly known as the Traffic Engineer, or their designee.

(Ord. of 4-5-1982, Doc. #16903; Ord. No. 2024-30, § 1, 8-12-2024, Doc. #2408121202)

Secs. 54.03—54.11. - Reserved.

Sec. 54.12. - Wires Stretched Along or Over Streets.

All telegraph, telephone, electric supply, cable television or other wires stretched along, across or over any street, alley, sidewalk or bicycle path shall comply with the guidelines as established in the ANSI National Electrical Safety Code or the National Electrical Code, whichever may be applicable. Nothing in this section shall be construed to apply to the wires used in connection with approved street banners in accordance with Section 58.145 of this Code.

(Ord. of 4-5-1982, Doc. #16903)

Sec. 54.13. - Location of Poles and Posts.

No awnings or other posts and no telegraph, telephone, electric supply or other pole shall be placed in any gutter or drain, but shall be placed behind the curbing so that no unnecessary damage is done to the sidewalk. The placing of all poles, posts and wires aforesaid shall be under the supervision of the City Engineer and subject to his approval.

Sec. 54.14. - Doors, Windows, Gates, etc., Not to Swing Outward; Exceptions.

No door, window, screen, shutter or gate shall be so hung as to swing outward over any street, alley or sidewalk at a height less than eight (8) feet above the ground level.

Secs. 54.15—54.18. - Reserved.

Sec. 54.19. - Removal or Destruction of Monuments, Stakes, etc., Generally.

It shall be unlawful for any person to remove, alter or destroy, or cause to be removed, altered or destroyed, any monument, stake or other distinctive mark placed or made to establish boundaries of section corners, quarter-section corners, quarter-quarter section corners or points marking street or property lines on or within the City limits.

Sec. 54.20. - Removal or Destruction of Grade Marks.

It shall be unlawful for any person to remove, alter or destroy, or cause to be removed, altered, or destroyed any stakes or other distinctive marks establishing grades of sidewalks, curbs, drains, sewers or streets.

Sec. 54.21. - Utility Pipes and Lines.

All utility pipes and lines laid in the streets of the City shall be laid according to the permanent grade of the street, to be obtained from the City Engineer by the person laying such pipes and shall be at a depth below the surface of permanent grade as approved by the City Engineer. Notification shall be given to the local natural gas company prior to any excavation and said notification shall be evidenced by the issuance of a serial number before obtaining applicable permits as required by Florida Statutes § 553.851.

Sec. 54.22. - Injury or Damage to Streets or Sidewalks Generally.

No person shall willfully or negligently drop, throw, deposit or dump on any sidewalk or street, any box, crate, package, or other weighty articles, in such manner as to injure or damage such sidewalk or street, nor shall in any other manner injure or damage sidewalk or street.

Sec. 54.23. - Injury to Streets Under Repair.

It shall be unlawful for any person to traverse, damage, walk over, drive over or use in any manner that shall result in injury to any street, pavement, sidewalk or sewer line while the same is under construction or undergoing repairs; provided that a sufficient barricade, light or other proper warning has been erected to warn the public that such street or portion thereof is closed to traffic and it shall be unlawful for any person to drive around, through, across or under any such barricade, light or other proper warning, in order to drive on a street which is closed to traffic, except as approved and permitted by the Project Engineer for construction works and adjoining residents.

Sec. 54.24. - Petroleum Products Dripping from Vehicles.

No person shall, at any time, cause or allow any motor vehicle which he shall own, operate, control or be driving to leak, drop, drip, release, or in any other manner deposit excessive gasoline, oil, kerosene or other petroleum products on any street within the City limits.

Sec. 54.25. - Allowing Hard Objects to Strike Surface of Paved Areas Within the Right-of-Way.

No person shall, at any time, cause any brick, block, stone, timber, beam, pole, rod, pipe or other hard object or any material, natural or synthetic, to strike the surface of any paved area within the right-of-way by dropping, throwing, dumping or in any other manner launching such object onto streets or alleys; nor shall any person cause any such objects to be piled, stacked or in any other manner deposited on any right-of-way within the City, except by permission and approval of the City Engineer.

Sec. 54.26. - Injury to Flowers or Shrubs.

It shall be unlawful for any person, except the owner of the adjacent property, or City of Orlando employees or agents, to injure, pluck or tread upon any flowers, shrubs or ornamental plants in the parkway where same are planted or caused for by the owner of adjacent property or by the City.

Sec. 54.26-1. - Plantings in the Parkway.

Unless otherwise specifically prohibited by this Code, the planting and maintenance of trees, shrubs, plants or flowers in the parkway by the owner of the abutting property is permitted so long as the plantings are not detrimental to the public health, safety, or welfare and do not cause a nuisance or hazard to the neighboring property owners. When in the opinion of the appropriate City Department in relation to its area of jurisdiction any such planting is in violation of this section, the owner of the property abutting the parkway wherein such planting is located shall within ten (10) days notify thereof, eliminate the violation at no cost to the City by removing or trimming such planting, treating such planting which is diseased or insect-ridden or by performing such other remedial action in order to eliminate the violation as requested by the appropriate City Department or file a notice of appeal with the City Clerk appealing the City Department's decision to the City Council. In the event the owner of the abutting property does not perform the remedial action as requested, the City Council may take the necessary action to eliminate the violation and may assess the cost for such action upon the property abutting thereto.

Sec. 54.27. - Carrying Away Gravel or Dirt.

No person shall dig up or carry away gravel, dirt, clay, sand, bricks or rock from any street, driveway approach or alley, unless authorized by the City Engineer.

Sec. 54.27-1. - Conducting Business within the Public Rights-of-Way Prohibited.

(a)

It is unlawful for any person to solicit or attempt to solicit employment or business, or exhibit for sale, offer for sale, deliver, or sell any service, merchandise object, or food or drink either from, in, or on a public road, sidewalk, street, median, safety zone, or other public right-of-way unless:

(a)

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

(b)

Such person received specific approval for such sales from the proper governmental authority if the right-of-way is owned by a government agency other than the City,

(c)

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

(d)

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

(e)

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

(f)

Such sales received specific Council approval.

(b)

It is unlawful for any person while located in the public right-of-way to solicit or attempt to solicit employment or business, or exhibit for sale, offer for sale, or sell any service, merchandise object, or food or drink to any person in a vehicle in the same or adjacent public right-of-way.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 12-4-1995, Doc. #28945; Ord. No. 2012-31, § 3, 4-22-2013, Doc. #1304221204)

Sec. 54.27-2. - Reserved.

Editor's note— Ord. No. 2012-31, § 4, adopted Apr. 22, 2013, amended § 54.27-2 and renumbered said section as § 54.28 to read as set out.

Sec. 54.27-3. - Reserved.

Editor's note— Ord. No. 2012-31, § 5, adopted Apr. 22, 2013, Doc. #1304221204, repealed § 54.27-3, which pertained to permit fees and derived from an ordinance adopted Oct. 28, 1985, Doc. #19817; and ordinance adopted June 6, 1988, Doc. #19817-1; and an ordinance adopted Apr. 6, 1998, Doc. #31119.

Sec. 54.27-4. - Reserved.

Editor's note— Ord. No. 2012-31, § 6, adopted Apr. 22, 2013, Doc. #1304221204, repealed § 54.27-4, which pertained to permit fees and derived from an ordinance adopted Oct. 28, 1985, Doc. #19817; an ordinance adopted June 6, 1988, Doc. #19817-1; and an ordinance adopted Apr. 6, 1998, Doc. #31119.

Sec. 54.28. - Right-of-Way Utilization Areas and Sidewalk Cafés.

(a)

Authorized Uses. ROW Utilization Areas and Sidewalk Cafés within the City's sidewalk right-of-way that conform to the requirements of this section and other applicable provisions of this Code, including permit conditions made pursuant to this section or other provisions of this Code, are hereby made exempt from the prohibition on conducting business within a public right-of-way as provided by section 54.27.1 of this Code.

(b)

Approval Required. All restaurants, bars and nightclubs located entirely within the MU-1, MU-2, AC-1, AC-2, AC-3, AC-3A, AC-N, or MXD-2 zoning districts wanting to utilize the right-of-way for eating, drinking, or queuing must apply for, receive and operate pursuant to a Sidewalk Cafe Permit or Right-of-Way Encroachment Permit as follows:

1.

Sidewalk Café Permit. In order to operate a Sidewalk Café under this section, the operator of a licensed restaurant, bar or nightclub, must apply for, receive, and operate pursuant to an active and lawfully issued sidewalk café permit from the City. Each Sidewalk Café permit is valid for one year, but may be renewed annually after application to the permitting official. The permitting official may accept renewal applications without updated scaled drawings if no changes are proposed to the features described in subsections 58.28(b) 1. and 2. With at least five days written notice, the City may temporarily suspend sidewalk café permits if necessary to safely accommodate special events such as parades, street festivals, or foot or bicycle races, or other function of the City. An application for a sidewalk café permit must be submitted to the City permitting official on a form provided for such purpose.

2.

Right-of-Way Encroachment Permit. In order to operate a ROW Utilization Area under this section, the operator of a licensed bar or nightclub must apply for, receive, and operate pursuant to an active and lawfully issued Right-of-Way Encroachment Permit from the Public Works Director in accordance with sec. 61.203, Orlando City Code and sec. (c) below.

(c)

Submittal Requirements. Applications for Right-of-Way Encroachment Permits and Sidewalk Café Permits must include, at a minimum, the following:

1.

Scaled drawings of the restaurant, bar or nightclubs' internal layout, including tables, chairs, bars, host or hostess stations, windows, doors, waiting areas, and other features that may affect the movement and gathering of customers.

2.

Scaled drawings of the proposed ROW Utilization Area or Sidewalk Café area, including a plan of the layout of tables, chairs, host or hostess stations, barriers, stanchions, umbrellas, utility stations, and any other features of the Sidewalk Café or ROW Utilization Area. The drawings must include measurements to the nearest property lines, including the curb lines and boundaries of the rights-of-way.

3.

Proof of insurance as required by subsection (i) of this section.

4.

Proof of consent to the Sidewalk Café or ROW Utilization Area application by the operator of the associated restaurant, bar or nightclub

5.

The hours of operation for the restaurant, bar or nightclub and the Sidewalk Café or Right-of-Way Utilization Area and whether or not alcoholic beverages will be served within the approved area.

6.

If alcoholic beverages will be served within the approved Sidewalk Café or ROW Utilization Area, a copy of the alcohol license possessed by the establishment.

(d)

General Regulations. Sidewalk Cafés and ROW Utilization Areas must conform to the following regulations as applicable:

1.

The approved area may not include any permanent installations or improvements within the public right-of-way unless otherwise approved by a separate encroachment agreement or license.

2.

Sidewalk Café's only must be delineated with metal pins placed into and flush with the sidewalk surface. The pins will be provided and installed by the City. The area within the boundary of the pins is the area permitted for use as a Sidewalk Café. The only time that the Sidewalk Café may expand outside of the area delineated by the sidewalk pins is when the adjacent street is closed to traffic by the City for a special event. In this event, the sidewalk café area may extend to the back of curb if the permittee posts adequate notice that the sidewalk within the expanded sidewalk café area is closed to pedestrian traffic and if the permittee submitted and received approval of plans depicting the expanded sidewalk café area from the City permitting official.

3.

The approved area must be accessory to a legally existing principal use restaurant, bar or nightclub

4.

The Sidewalk Café must not need a zoning or design variance in order to be implemented according to its approved plan.

5.

The approved area must allow for a clear, unobstructed pedestrian pathway at least five feet wide measured from the approved area to the sidewalk furniture zone. For purposes of this Code, this clear, unobstructed pedestrian pathway may be known as the "sidewalk clear path," and the area of the sidewalk between the back of curb and the sidewalk clear path where public utilities, landscaping, and furniture are often installed may be known as the "sidewalk furniture zone." For purposes of this section, the sidewalk furniture zone is typically five feet in width measured from the back of curb, but may be less in downtown. At corners, the sidewalk furniture zone is at least five feet in width measured from the back of access ramps, except outside the AC-3A/T zoning district, where it may be as narrow as four feet in width. The permitting official or Public Works Director may approve a narrower sidewalk clear path for Sidewalk Cafés or ROW Utilization Areas outside the AC-3A/T zoning district if the proposed area is at least six feet from the back of the street curb, five feet from any vertical obstruction in the sidewalk (e.g. utility poles and street furniture), four feet from any horizontal obstruction in the sidewalk (e.g. tree grates, planters, and ramps), and the permitting official or Public Works Director finds that the remaining sidewalk clear path is safe and adequate for normal pedestrian and disabled access. The Sidewalk Café or ROW Utilization Area is prohibited within the sidewalk furniture zone except in mixed-use planned development zoning districts where the sidewalk furniture zone may be adjacent to on-street parking as well as adjacent to the building. In such cases, the permitting official or Public Works Director must find that the sidewalk furniture zone provides adequate area to safely accommodate the proposed sidewalk café furniture and pedestrian movements through the proposed area.

6.

The approved area including any furniture, barriers, and business wares comprising the area, along with the adjacent sidewalk clear path and sidewalk furniture zone, must be kept in a clean and safe condition at all times.

7.

Sidewalk Cafés and ROW Utilization Areas must be built and maintained in accordance with their approved plans.

8.

All permittees must have the approved area, the adjacent sidewalk clear path, and the adjacent sidewalk furniture zone pressure washed with a commercial-grade pressure washer at least monthly. The permittee must maintain records of each pressure washing and must provide these records to the City upon request. Satisfying this requirement does not absolve the permittee from otherwise keeping the approved area, the adjacent sidewalk clear path, and the adjacent sidewalk furniture zone in a clean and safe condition at all times.

9.

The design, appearance, and dimensions of all furniture within the approved area is subject to review and approval by minor certificate of appearance approval or minor certificate of appropriateness, if either is required by Code, or by the appearance review official if outside the jurisdiction of the Appearance Review Board and the Historic Preservation Board.

10.

Signs are prohibited within the approved area except for sidewalk signs approved pursuant to section 64.323 of this Code and onsite signs printed on approved café umbrellas. Signs on umbrellas are exempt from maximum sign area restrictions. Sidewalk signs must be kept out of the sidewalk clear path, but may be placed within the sidewalk furniture zone or the approved area.

11.

Outdoor speakers may be approved for use in a Sidewalk Café area only. Outdoor speakers are not permitted within a ROW Utilization Area. The design, appearance, dimensions, and directional orientation of speakers are subject to review and approval by minor certificate of appearance approval or minor certificate of appropriateness, if either is required by Code, or by the appearance review official if outside the jurisdiction of the Appearance Review Board and the Historic Preservation Board. Sound from outdoor speakers is subject to the City's noise ordinance.

12.

All Sidewalk Cafés must include tables and chairs. At all times the number and location of the tables and chairs must be maintained in accordance with the Sidewalk Cafés' approved site plan. Assembly occupancy is prohibited within the Sidewalk Café area.

13.

ROW Utilization Areas may or may not include tables and chairs. If used, all tables and chairs, as well as any stanchions, railings or other approved barriers or furniture must be removed from the right-of-way when the principal use bar or nightclub is not operating.

14.

Hours of operation for Sidewalk Cafés and ROW Utilization Areas must coincide with the hours of operation of the principal use restaurant, bar or nightclub.

Figure 54.28-1 depicts an example of a sidewalk café and its spatial relationship to the sidewalk clear path and the sidewalk furniture zone. This figure is for illustrative purposes only and to the extent that it contradicts any part of this Code, the Code prevails.

(e)

Special Permit Conditions. The city permitting official or Public Works Director may impose special conditions upon a Sidewalk Café permit or Right-of-Way Encroachment permit if he or she finds it necessary in order to preserve the public health, safety, or welfare.

(f)

Permit Revocation. A Sidewalk Café permit or Right-of-Way Encroachment permit may be revoked if:

1.

The building housing the principal use restaurant, bar or nightclub associated with the Sidewalk Café or ROW Utilization Area, or the business running the Sidewalk Café or ROW Utilization Area is found in violation of law.

2.

The Sidewalk Café or ROW Utilization Area is not built and maintained as depicted on its approved plans.

3.

The Sidewalk Café or ROW Utilization Area is not built and maintained in accordance with the requirements of this section.

4.

The Sidewalk Café or ROW Utilization Area is not built and maintained in accordance with its special permit conditions.

(g)

Nature Of The Permit. The Sidewalk Café permit or Right-of-Way Encroachment permit is a license to temporarily use the City's sidewalk right-of-way. It is not intended and shall not be construed as an interest in real property.

(h)

Alcohol Service. Sidewalk Cafés or ROW Utilization Areas where alcoholic beverages are offered for sale or are otherwise provided to guests or customers must conform to the following additional regulations:

1.

The principal use restaurant, bar or nightclub must be properly permitted by all applicable government agencies to dispense alcoholic beverages for consumption on premises. All government permits that authorize the dispensation of alcoholic beverages must reflect the Sidewalk Café or ROW Utilization Area as part of the licensed premises. Once such permits reflect the approved area as part of the licensed premises, the approved area is hereby made exempt from the prohibition on the sales and consumption of alcoholic beverages outside of a licensed building as provided at section 33.09 of this Code.

2.

During all business hours of the approved Sidewalk Café or ROW Utilization Area, a conspicuous sign must be posted within the approved area that effectively notifies patrons that section 33.10 of this Code prohibits removing open containers of alcoholic beverages from the licensed premises. The location, dimensions, and design of this notice is subject to review and approval by the City. This sign is hereby made exempt from the calculation of maximum sign area as regulated by this Code.

3.

Seating and other customer gathering areas must be separated from the sidewalk clear path by stanchions, railings, or other approved barrier at least three feet in height. The design, appearance, and dimensions of the stanchions, railings, or other approved barrier are subject to review and approval by minor certificate of appearance approval or minor certificate of appropriateness, if either is appropriate, or by the appearance review official if outside the jurisdiction of the Appearance Review Board and the Historic Preservation Board. The following are exempt from this subsection:

A.

Sidewalk Cafés and ROW Utilization Areas located outside of the Downtown Activity Center future land use map designation

B.

Sidewalk Cafés and ROW Utilization Areas located within a mixed-use planned development zoning district where the planning official finds that a barrier described by this subsection would unreasonably interfere with the purpose and intent of the planned streetscape design.

(i)

Insurance Required. All permittees must maintain comprehensive liability insurance covering against personal injury and property damage in an amount consistent with City policy. A certificate of insurance naming the City as an additional insured and requiring that the City be notified at least 30 days before termination or decrease in coverage must be delivered to the permitting official before the permit is issued.

(Ord. of 10-28-1985, Doc. #19817; Ord. of 4-6-1998, Doc. #31119; Ord. No. 2012-31, § 4, 4-22-2013, Doc. #1304221204; Ord. No. 2014-16, § 1, 5-12-2014, Doc. #1405121205; Ord. No. 2021-39, § 5, 6-7-2021, Doc. #2106071204; Ord. No. 2024-30, § 1, 8-12-2024, Doc. #2408121202)

Secs. 54.29—54.36. - Reserved.

ARTICLE III. - CONSTRUCTION AND REPAIR OF SIDEWALKS

Sec. 54.37. - Approval.

The construction and repair of sidewalks shall be subject to this Article III and the authority of the City Engineer as provided herein.

(Ord. No. 2019-30, § 1, 5-13-2019, Doc. #1905131205)

Sec. 54.38. - Construction and Repair Generally; Width.

All sidewalks, driveways or curb and gutters which may be constructed as required by City Code, or under the authority of the City Engineer Council shall be portland cement concrete, or other materials as approved by the City Engineer, and sidewalks, except where otherwise ordered by the City Engineer, shall not be less than five (5) feet wide. The sidewalk requirements in this Article III apply to construction of new sidewalks and repair of existing sidewalks.

(Ord. No. 2019-30, § 1, 5-13-2019, Doc. #1905131205)

Sec. 54.39. - Concrete Sidewalks.

All portland cement concrete sidewalks shall be at least four (4) inches thick and shall be constructed according to the standard specifications of the City. Sidewalks shall be required to be constructed along the entire length of the property as the property adjoins public right-of-way for all property on which parking lots are to be constructed or structures are to be erected or substantially improved or enlarged, unless waived in total or in part by the City Engineer. Sidewalks shall be required to be constructed at the outside edge of the right-of-way, unless a modified location is approved by the City Engineer using the criteria referenced in Section 54.45(b)1.A—F.

(Ord. No. 2019-30, § 1, 5-13-2019, Doc. #1905131205)

Sec. 54.40. - Inspection; Condemnation; Rebuilding.

All newly constructed sidewalks or driveways shall be subject to the inspection of the City Engineer who shall condemn any that do not meet or exceed the standard specifications, either for materials or workmanship. If deemed necessary, portland cement concrete sidewalks shall be cut through or cored to determine if it complies with the standard specifications. If the sidewalk or driveway is found not to comply with the specifications, then the sidewalk or driveway shall be condemned. The City Engineer shall require sidewalks or driveways which have been condemned to be rebuilt after notice has been given to the adjoining property owner. Such notice shall specify the length of time the owner will have to make the repairs.

Sec. 54.41. - Notice to Construct or Repair Sidewalk or Parkway; Duty of Abutting Owner.

The owner of any real estate in the City which adjoins rights-of-way on which any sidewalk or parkway shall have been ordered laid, or on which an existing sidewalk or parkway shall be in disrepair, due to action attributable to the adjoining property owner or his employees or agents, shall upon proper notice as provided in Section 54.43 be required to construct or repair said sidewalk and parkway within a period of forty-five (45) days.

(Ord. No. 2019-30, § 1, 5-13-2019, Doc. #1905131205)

Sec. 54.42. - Sidewalk Repair—Tree Roots.

Sidewalks damaged by roots from a tree located in the City parkway, or by limbs falling from said tree or removal of said tree, shall be repaired by the City at no cost to the abutting property owner. Damage to a sidewalk caused by a tree located on private property will be considered action attributable to the property owner for the purposes of this article.

Sec. 54.43. - Same—Service of Notice.

Notice by the City Engineer, or any other officer that may be designated by the City Council, under the provisions of the preceding section, may be made or given by either of the following methods:

(1)

Notice shall be in writing and shall be served by personal delivery or by registered mail to the owner of such property, or to his agent.

(2)

If there is no known address for the owner or his agent, the notice shall be published once a week for two (2) consecutive weeks in a newspaper of general circulation that is published in the City, either as a display ad or as a legal ad. Such notice shall give either the street address or the section of the street abutting the right-of-way where the sidewalks or parkways are to be laid or repaired and may give the legal description of the property abutting the portion of the right-of-way where the walks or parkway are to be laid or repaired, along with the name of the owner as is best known to the City.

(3)

If there is no known address for the owner or his agent, then notice may be posted for a period of two (2) weeks on the lot abutting the portion of the right-of-way where the walk or parkway is to be laid or repaired. The name of the person to whom the property is assessed on the last confirmed tax roll of the County will be construed as being the present owner for all of the three (3) above methods of notification unless the City has specific knowledge otherwise. Sec. 54.44. - Same—Failure to Comply with Notice; Work to be Done by City; Cost.

If any person so owning property adjoining right-of-way on which such sidewalk or parkway has been ordered laid, or repaired in accordance with Section 54.41 and who shall have received notice as provided in Section 54.43 of this Code, shall fail or refuse to construct or repair such sidewalk or parkway within a period of forty-five (45) days, the City may construct or repair same, or cause the same to be repaired or constructed and shall thereupon be entitled to a lien upon such property, for the reasonable expense of such repairs or construction and such lien shall be superior to all other liens except for taxes.

(Ord. No. 2019-30, § 1, 5-13-2019, Doc. #1905131205)

Sec. 54.45. - Sidewalks.

(a)

Sidewalks Required. Except as provided otherwise herein, sidewalks shall be required on both sides of all streets, subject to the following:

1.

Modification of Sidewalk Location. The City Engineer shall be authorized to approve or require modifications in sidewalk locations to accommodate unique design characteristics or to protect existing trees or when there is a conflict between the sidewalk and a required Typical Cross-Section.

2.

Sidewalk-Bikeway Trade-Offs. The City Engineer shall be authorized to allow construction of a single paved sidewalk-bikeway in Townhome development, Special Plan Areas, Multiplex Development, and Mobile Home Developments in lieu of the required sidewalks on local streets only, when the sidewalk-bikeway forms part of an integrated bicycle and pedestrian system in common or dedicated open space. The sidewalk-bikeway shall be ten (10) feet in width, or such other appropriate dimension determined by the City Engineer after consideration of site conditions, pedestrian and bicyclist needs, and the requirements of this section.

3.

Sidewalks a Priority Near Schools. Sidewalks shall be required as a priority on both sides of all streets within a one-mile radius of any elementary, middle, or high school.

4.

Substantial Enlargements and Improvements. Sidewalks shall be required at the time of any substantial enlargement or substantial improvement, as those terms are defined in Chapter 66 of this Code. For purposes of this Section, the term "substantial improvement" includes paved areas, such as stand-alone or accessory parking lots. Sidewalks shall be required on all streets and/or right-of-way contiguous to a parcel undergoing the substantial improvement or enlargement. Notwithstanding the foregoing requirement, no sidewalks shall be required to be constructed at the time of a substantial improvement when the substantial improvement is necessitated by damage sustained as the result of a hurricane, tornado, flood, sinkhole, fire, natural disaster or other act of God, and the permit applicant does not have property insurance which will cover the cost of constructing the sidewalk.

5.

Sidewalks must be constructed on both sides of all new streets, public and private, unless the City Engineer determines that construction is not practical under the criteria set forth in Section 54.45(b)1.A—F.

(b)

Payment in Lieu of Construction.

1.

When Not Practical. Upon request of a building permit applicant, the City Engineer shall be authorized to determine that construction of sidewalks is not practical. Examples of factors that may make sidewalk construction not practical include but are not limited to the following:

A.

Existing physical impediments;

B.

Substantial grade changes;

C.

Trees;

D.

Impending road/right-of-way construction; and/or

E.

Impacts on pedestrian network.

F.

Any other situation where the City Engineer determines that sidewalk construction is not practical.

2.

Sidewalk Construction Fund. If the City Engineer determines that sidewalk construction is not practical, the permit applicant shall not be required to construct sidewalks. Instead, the permit applicant shall make a payment into the Sidewalk Construction Fund prior to issuance of any permit for development of the site. Such payment shall be the equivalent of the per linear foot cost to the City for installing the sidewalk, based upon the City's Annual Sidewalk Contract in effect at the time of permit issuance, using 6" thick concrete for the driveway and 4" thick concrete for the remainder of the parcel frontage, as well as other ancillary items. The City shall expend proceeds from the Sidewalk Construction Fund for sidewalk construction only, that benefits the Transportation Benefit Area within which the Fund payments were collected.

(c)

Appeals.

1.

Any person desiring to appeal a determination issued by the City Engineer under this Article III is hereinafter referred to as "Appellant." In order to secure administrative review under this subsection, Appellant must file a written Notice of Appeal with the City of Orlando Public Works Director within ten calendar (10) days of the decision sought to be appealed. A required processing fee, as established from time-to-time by the Public Works Director, may be required with the Notice of Appeal in order to defray actual administrative costs associated with processing the appeal.

2.

All Notices of Appeal shall include a full explanation of the reasons for the appeal, specifying the grounds therefore, and containing any documentation which the applicant desires to be considered.

3.

Within thirty (30) days following the receipt of the Notice of Appeal, the Public Works Director will review the submitted documents and any other relevant material. The thirty (30) day review period may be extended if additional information is needed from the Appellant in order to render a decision. Upon completion of the administrative review, the Public Works Director will provide a written response to the Appellant.

4.

Appellant may appeal the determination of the Public Works Director by filing a written Notice of Appeal to the Director of Transportation for the City within fifteen (15) days following receipt of the Public Works Director's determination. Within thirty (30) days following receipt of the Notice of Appeal, the Director of Transportation will review the Appellant's submitted documentation and any other relevant material. Upon completion of the administrative review, the Director of Transportation will provide a written determination to Appellant.

5.

Appellant may appeal the determination of the Director of Transportation by filing a written Notice of Appeal to City Council. Said filing shall be made with the City Clerk for the City within fifteen (15) days following receipt of the Director of Transportation's determination. All Notices of Appeal to City Council shall include a full explanation of the reasons for the appeal, specifying the grounds therefore, and containing any documentation which the applicant desires to be considered. The appeal shall contain the name and address of the person(s) filing the appeal and shall state their capacity to act as a representative or agent if they are not the owner of the property.

6.

The City Clerk is responsible for scheduling the appeal before the City of Orlando City Council and will provide at least ten (10) days notice to the Appellant of the date of the designated Council meeting. Postponements of the City Council appeal date may be granted by the City Clerk if they are requested in writing at least ten (10) days in advance of the scheduled City Council meeting date. When an Appeal is scheduled before the City Council, the Appellant and the City staff shall each be given five (5) minutes for presentation at the meeting.

(Ord. No. 2019-30, § 1, 5-13-2019, Doc. #1905131205; Ord. No. 2021-25, § 1, 6-28-2021, Doc. #2106281202)

Sec. 54.46. - Petitions for Sidewalks.

All petitions for sidewalks in addition to showing the proposed location, shall state the width and character of the walk desired and the names and addresses of the owners of abutting properties, if known. They shall be signed by property owners along the street where the proposed sidewalk is to be laid.

Sec. 54.47. - Abandoning of Sidewalks.

No sidewalk, once constructed, may be permanently removed and abandoned without specific authorization from the City Council.

ARTICLE IV. - BUILDING NUMBERS

Sec. 54.48. - Purpose.

This article is promulgated for the purpose of providing a uniform numbering system for the numbering of buildings and structures along public and private ways in the City of Orlando, in the interest of the public health, safety and general welfare of the citizens and inhabitants of the City of Orlando.

Sec. 54.49. - Definitions.

For the purpose of this article, the following terms, phrases, words and their derivations shall have the meaning given herein, unless the context clearly indicates otherwise:

(1)

Accessory Building: A building which is clearly incidental or subordinate to and customary in connection with the principal building and which is located on the same lot with such principal building.

(2)

Building: Any permanent structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind, including residential, commercial and industrial buildings, but excluding accessory buildings.

(3)

Building Front: That area of the building which faces the public or private way by which the building was numbered.

(4)

Grid System: A series of designated parallel lines one mile apart, intersecting a second set of designated parallel lines one mile apart forming approximately one square mile areas (also known as sections).

(5)

Numbering System: A uniform method for assigning and coordinating the addresses of buildings and properties based on a designated grid system.

(6)

Occupant: Any person, association, partnership, trust, organization or corporation other than the owner, who is occupying or leasing the property for a period exceeding thirty (30) days.

(7)

Owner: Any and all persons, partnerships, trusts, organizations, or corporations which own the fee title to the property in question, or have an undivided interest therein.

(8)

Private Way: Any thoroughfare used commonly for vehicular traffic which is not included in the definition for public way of this section and which is not subject to maintenance by the City; to include but not be limited to roadways in apartment, condominium or office complexes.

(9)

Public Way: The area of the public right-of-way either paved or unpaved which is intended for vehicular traffic, excluding service entrances or driveways. Sec. 54.50. - Uniform Numbering System Established.

A uniform numbering system is hereby established whereby all numbering of buildings and properties shall comply therewith.

Sec. 54.51. - Assignment of Numbers.

The City Engineer shall be responsible for the issuing of all new building numbers so that these numbers will be in conformity with the numbering system. The City Engineer shall be responsible for the investigation and inspection of all existing building numbers to insure compliance with this system, and shall also be responsible for giving notice to owners whose property addresses conflict with the numbering system.

Sec. 54.52. - Establishment of Orlando Grid System.

A grid system shall be established utilizing zero base point of Central Boulevard and Orange Avenue on a horizontal and vertical axis and proceeding outward.

(a)

The numbers shall increase north and southward from Central Boulevard; and eastward and westward from Orange Avenue.

(b)

The numbers shall be assigned to buildings, as determined by the grid system and approved by the City Engineer.

(c)

Odd numbers will be issued to the buildings on the north and east sides of the public or private way. Even numbers will be issued to the buildings on the south and west sides of the public or private way.

(d)

The assignment of numbers on corner lots shall be according to which public or private way the building faces.

(e)

In cases where the public or private way runs both north-south and east-west, the grid direction shall be determined by the proportional length of the public or private way. Sec. 54.53. - Posting of Numbers on Buildings.

All buildings shall have the assigned building number properly displayed whether or not mail is delivered to the building. The posting of the building number is the responsibility of the owner of the building and shall comply with the following regulations:

(a)

If feasible, the building number shall be affixed to the front of the building in a manner so that it is visible from the public or private way on which the building fronts. Otherwise, the building number shall be affixed to a separate structure in front of the building, such as a mailbox, post, wall or fence, in a manner so that it is visible from the public or private way on which the building fronts.

(b)

The number must be in Arabic numerals, unless otherwise approved by the City Engineer. Approval will not be given for numbers so decorative as to be difficult to read.

(c)

The numbering must be of a weather-resistant material and permanently affixed to the front of the building or a structure in front of the building as provided in Subsection (a).

(d)

The numerals shall not be less than three (3) inches in height and shall be a contrasting color with the immediate background material.

(e)

The numbering of all existing buildings shall be brought into compliance with this article within sixty (60) days after notice is given to the owner of the building's noncompliance with the article.

(f)

The owner or an agent on the owner's behalf shall procure the correct number or numbers to be assigned to all buildings erected or located in the City after the effective date of this article. The owner or the owner's agent shall affix the assigned numbers in accordance with this article prior to the building's occupancy. A certificate of occupancy shall not be issued until the City Engineer has verified that the building has been properly numbered in accordance with this article. Sec. 54.54. - Annexation.

Upon annexation of a parcel of land, subdivision, or a portion of a subdivision to the City, the street addresses will be subject to review by the City Engineer. At that time a determination will be made as to whether the existing numbers and the method of numbering in the annexed parcel conform to the grid system established in Section 54.52 of this article.

If the numbers or methods of numbering do not conform to the requirements contained in Sections 54.52 and 54.53 of this article, the City Engineer will give notice to the owners of the affected buildings of such noncompliance. The change of address procedures as contained in Section 54.56 of this article shall be used as the method to accomplish compliance with this article.

Sec. 54.55. - Fee.

A fee to cover the expenses incident to processing a request for the assignment of a building number shall be paid to the City of Orlando through the City Bureau of Engineering by the person applying for the building number at the time of filing of the application. The fee shall be ten dollars ($10.00) for each number issued to a residential building, except multi-family and condominium buildings. The fee for each number issued to a multi-family, condominium, commercial or industrial building or each doorway or hallway thereof to which a separate number is assigned shall be calculated in accordance with the following schedule:

EXPAND   Number of Individual Numbers Assigned At One Time Fee   1—50 $20.00 for each number   51—100 $1,000.00 plus $15.00 each additional number over 50   101—200 $1,750.00 plus $10.00 for each additional number over 100   Over 200 $2,750.00 plus $5.00 for each additional number over 200

(Ord. of 4-5-1982, Doc. #16903; Ord. of 4-25-1983, Doc. #17710)

Sec. 54.56. - Change of Address.

The following regulations are established for the notification of change of address:

(a)

The change of address notice shall be forwarded to the owner and occupant of the building in the cases where the existing number or numbers do not conform to the requirements established in Sections 54.52 and 54.53 of this article. Nonconformance includes, but is not limited to, a number or numbers out of sequence, and odd or even numbers on the wrong side of street.

(b)

The change of address notice is a written notice issued by the City Engineer to the owner and occupant of the property informing the owner of the proper number and directing him to properly post the number in accordance with Section 54.53 of this article within sixty (60) days. A copy of the change of address notice will be kept on file in the records section of the City Engineering Department. The notice will include the person notified, type of notice and date of notice.

(c)

The owner shall have sixty (60) days to bring the numbering into conformance with the regulations established in Sections 54.52 and 54.53 of this article. Sec. 54.57. - Appeals.

If any owner or occupant shall feel aggrieved by any determination or demand made under this article, the owner or occupant shall have the right to an administrative review of such determination or demand based upon undue financial difficulty, gross inconvenience or other specific problems related to this article. In order to exercise this right, the owner or occupant, within thirty (30) days following receipt of the notice containing the said determination or demand shall send a written notice to the Director of Public Works requesting that the Director of Public Works review such determination or demand. The Director of Public Works shall review such determination or demand within thirty (30) days and shall come to a determination. The owner or occupant shall comply with the determination of the Director of Public Works unless, within fifteen (15) days after such determination, the owner or occupant files a request for review by the Orlando City Council. The City Council shall schedule a hearing thereon within thirty (30) days following receipt of such notice and shall notify the City Engineer and the owner or occupant of the date and time of the hearing and shall permit them to present evidence and argument thereat. After such hearing, the City Council shall come to a determination on such matter; and such determination shall be the final position of the City. So long as the owner or occupant shall comply with the foregoing administrative review procedures in a timely fashion, its good faith failure to comply with a change of address notice shall not constitute a violation of this article.

Sec. 54.58. - Penalty.

Any person, firm, corporation or other legal entity failing to comply with this article shall be punished, upon conviction, as provided in Section 1.08 of this Code. If the numbering is not brought into compliance with Sections 54.52 and 54.53 within sixty (60) days of giving the owner a change of address notice, then notice will be given to the postal authorities requesting that all mail delivery to the address in violation be ceased, unless the owner is complying with the foregoing administrative review procedures.

ARTICLE V. - REPAIR OF DRIVEWAYS

Sec. 54.59. - "Driveway"—Defined; Other Definitions.

The definitions contained in Section 54.02 of this Chapter shall apply to this article, except that for the purposes of this article the term "driveway" shall be defined to be that portion of the parkway lawfully used for ingress and egress to the street from the abutting private property consisting of asphalt, pavement, concrete, brick or other paving material, but excluding the sidewalk.

Sec. 54.60. - Same—General Repairs.

Except as provided herein, driveways are deemed to be for the private benefit of the adjoining property owner and all repairs and general maintenance shall be the responsibility of the adjoining property owner, subject to the conditions and restrictions contained elsewhere in this Code.

Sec. 54.61. - Same—Tree Root Damage.

Driveways damaged by the trunk or roots of a tree which is located within the City parkway shall be repaired by the City at its expense, provided the owner, occupant, or their designee or agent notified the City in writing in a timely manner that tree or tree root growth was damaging or appeared to be about to damage the driveway. For the purposes of this section the City shall be deemed to have been notified in a timely manner if the City was notified when:

(1)

A crack in the driveway caused by tree or tree root growth first appeared,

(2)

The driveway first began to be raised or shifted by tree or tree root growth, or

(3)

It was first detectable that the tree trunk or roots were present in the vicinity of the driveway in such a manner as to pose an eminent threat of damage to the driveway, whichever occurs first. Sec. 54.62. - Same—Investigation and Repair of Damage.

Upon receipt of written notification concerning driveway damage by tree or tree root growth, the City Engineer or his designee will investigate the reported damage to determine if the City has received timely notice in accordance with Section 54.61 and if the driveway has been damaged by a tree located in a City parkway. If the City Engineer determines that the City has received timely notice and the driveway has been damaged by a tree located in a City parkway, then the City Engineer shall initiate the appropriate action to repair the driveway. If the City Engineer determines that the City has not received timely notice or that the driveway has not been damaged or is not about to be damaged by a tree located in a City parkway, then the City Engineer shall notify the inquiring party of his determination. Which determination shall be final and binding on the inquiring party, unless the inquiring party requests an administrative review of the determination of the City Engineer.

Sec. 54.63. - Same—Administrative Review.

To exercise the right to administrative review the inquiring party shall send a written notice to the Director of Public Works of the City of Orlando within thirty (30) days following receipt of the written notice from the City Engineer requesting that the Director review such determination. The Director shall review the matter and come to a determination on the matter. For purposes hereof, the failure of the Director to make a determination within thirty (30) days following the inquiring party's request shall be deemed upon the expiration of such thirty-day (30) period to constitute a determination supporting the position of the City Engineer. If the inquiring party disagrees with the determination of the Director the inquiring party shall have the right to an administrative review of the determination by the Orlando City Council. In order to exercise this right, the inquiring party within fifteen (15) days following receipt of the written notice from the Director containing the said determination or following the expiration of the thirty-day (30) period, shall, by certified mail, send a written notice to the Orlando City Council requesting that the City Council schedule a hearing thereon within thirty (30) days following receipt of such notice, notify the City Engineer and the inquiring party of the date and time of the hearing and permit them to present evidence and argument thereat. After such hearing, the City Council shall come to a determination on such matter, and such determination shall be binding upon all parties and shall constitute the official position of the City with respect to such subject matter.

Sec. 54.64. - Same—Future Prevention of Damage.

Upon receipt of written notification concerning driveway damage, the City shall endeavor to take such preventive steps as it deems appropriate to attempt to prevent or reduce future damage to the driveway by a tree located in a City parkway including but not limited to, trimming the roots, removing the tree, or shielding the tree or its roots.

Sec. 54.65. - Same—Subsequent Damage.

After the City has investigated or repaired the driveway in accordance with this article, the owner shall have the duty to notify the City in a timely manner of any subsequent tree or tree root growth damage or appears to be about to damage the driveway.

ARTICLE VI. - COMMUNICATION LINES WITHIN RIGHTS-OF-WAY

Sec. 54.66. - License Requirement.

No person shall construct, operate or continue to operate a Private Communications System which occupies the streets, public ways and public places within the City without having been issued a Telecommunication Permit by the City Engineer, or a franchise for telephone services or a Cable Communications System by the City.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.67. - Purpose.

The purpose of this Article is:

(a)

To regulate the erection, construction, reconstruction, installation, operation, maintenance, dismantling, testing, repair and use of a private communications system in, upon, along, across, above, over, under or in any manner connected with the streets, public ways or public places within the corporate limits of the City, as now or in the future may exist; and

(b)

To provide the City with compensation for occupation and use of the City's rights of way for a private communications system; and

(c)

To provide the City with compensation for acquisition and maintenance of City's rights of way when used for commercial purposes;

(d)

To provide the City with compensation for the cost of regulation imposed by this article on a private communications system.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.68. - Definitions.

For the purposes of this Article and any Permit in accordance herewith, the following terms, phrases, words and their derivations shall have the meaning given herein unless otherwise specifically provided in this Article, unless the context clearly indicates otherwise or unless such meaning would be inconsistent with the manifest intent of the City Council.

(1)

Bureau means the Bureau of Engineering.

(2)

Cable Communications System means a nonbroadcast facility consisting of a set of transmission paths with associated signal generation, reception and control equipment, under common ownership and control, which distributes or is designed to distribute to subscribers the signals of one or more television broadcast stations and is franchised by the City in accordance with Chapter 25 of this Code.

(3)

FCC means the Federal Communications Commission or its legally appointed successor.

(4)

Local Access Transport Area (LATA) means that geographic area and communications system in which the City of Orlando is located and in which Southern Bell or any subsequent telephone company is authorized by the Public Service Commission of Florida to provide local exchange access telecommunications services.

(5)

Local Telephone Service means:

(a)

The access to a local telephone system, and the privilege of telephonic-quality communication with substantially all persons having telephone or radio telephone stations constituting a part of such local telephone system; or

(b)

Any facility or service provided in connection with a service described in paragraph (a).

The term "local telephone service" does not include any service which is a toll telephone service; private communication service; cellular mobile telephone or telecommunication service; specialized mobile telephone or telecommunication service; specialized mobile radio, or pagers and paging, service, including but not limited to "beepers" and any other form of mobile and portable one-way or two-way communication; or teletypewriter or computer exchange service.

(6)

Telecommunication Permit means the privilege granted by the City by which the City authorizes a person to erect, construct, reconstruct, operate, dismantle, test, use, maintain repair, rebuild and replace a private communications system that occupies the streets, public ways or public places within the City. Any Telecommunication Permit issued in accordance herewith shall be a nonexclusive permit.

(7)

Permittee means the person or its legal successor in interest who is issued a Telecommunication Permit or Permits in accordance with the provisions of this Article for the erection, construction, reconstruction, operation, dismantling, testing, use, maintenance, repairing, rebuilding or replacing of a private communications system in the City.

(8)

Private Communications System means any communications lines, cables, equipment or facilities, not part of the LATA, part of a Cable Communications System franchised by the City, or part of a government-owned system, that in any manner is connected with the streets, public ways or public places within the corporate limits of the City, as now or in the future may exist, which:

(i)

are used to provide a toll telephone service,

(ii)

are used by a person or business entity to provide telecommunication services including but not limited to, telephone, telegram, teletypewriter or computer exchange services between different offices or facilities of the person, business entity or its affiliated companies, or

(iii)

are used to provide telecommunication services to other entities.

(9)

Street means any area established for vehicular or public access use or the entire width between the boundary lines of every way publicly maintained when any part thereof is open for public purposes. "Street" includes, but is not limited to, highway, avenue, road, alley, right of way, lane, boulevard, concourse, bridge, tunnel, parks, parkways and waterways.

(10)

Toll Telephone Service means:

(a)

A telephonic-quality communication for which there is a toll charge which varies in amount with the distance and elapsed transmission time of each individual communication; or

(b)

A service which entitles the subscriber or user, upon the payment of a periodic charge which is determined as a flat amount or upon the basis of total elapsed transmission time, to the privilege of an unlimited number of telephonic communications to or from all or a substantial portion of the persons having telephone or radio telephone stations in a specified area which is outside the local telephone system area in which the station provided with this service is located.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Sec. 54.69. - Service of Notice.

All notices required to be given to the City under any provision of this Article shall be deemed served when delivered by hand in writing to the City Engineer or to any person in charge of the Bureau during normal business hours.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.70. - No Liability or Warranty.

This Article shall not be construed to create or hold the City responsible or liable for any damage to persons or property by reason of any inspection or reinspection authorized herein or failure to inspect or reinspect, nor shall the issuance of any Telecommunication Permit nor the approval or disapproval of any installation authorized herein constitute any representation, guarantee or warranty of any kind by, nor create any liability upon the City or any official, agent or employee thereof.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.71. - Length of Permit.

(a)

Any Telecommunication Permit issued by the City in accordance herewith shall be a nonexclusive permit for the use of the streets, public ways or public places within the City as specified in the Telecommunication Permit for the erection, construction, reconstruction, operation, maintenance, dismantling, testing and use of a Private Communications System.

(b)

Any Telecommunication Permit issued by the City shall continue in full force and effect so long as the Permittee is in compliance with this Article, all applicable Federal, State and local ordinances and regulations and the space occupied is not needed for a public purpose.

(c)

In the event any Telecommunication Permit shall be revoked, the applicable Private Communications System shall be removed from the streets, public ways and public places in accordance with the provisions of Section 54.80.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.72. - Permit Locations.

(a)

Any Telecommunication Permit issued for a Private Communications System in accordance herewith shall apply only to the location or locations stated on the Telecommunication Permit or Permits.

(b)

Nothing in this Article shall be construed as a representation, promise or guarantee by the City that any other permit or other authorization required under any City ordinance for the construction or installation of a Private Communications System shall be issued. The requirements for any and all other permits as may be required by any City ordinance, including the Right-of-way Utilization Permit, shall still apply and all other applicable permit fees shall still be due.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.73. - Technical Standards.

All technical standards governing construction, reconstruction, installation, operation, testing use, maintenance and dismantling of a Private Communications System provided for herein shall be in accordance with all applicable FCC and other Federal, State and local laws and regulations, including but not limited to the most recent editions of the National Electrical Code and the National Electrical Safety Code.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.74. - Powers and Duties of City Engineer.

The City Engineer shall have the following powers and duties:

(1)

Receive and review applications for Telecommunication Permits for any Private Communications System.

(2)

Review and audit all reports and filings submitted by the Permittee to the City pursuant to this Article.

(3)

Submit regulations regarding the construction, reconstruction, operation, maintenance, dismantling, testing, use, repairing, rebuilding or replacing of any Private Communications System established by Telecommunication Permit in accordance herewith to the Director of the Department of Public Works for promulgation.

(Ord. of 4-5-1982, Doc. #16903; Ord. of 9-14-1987, Doc. #21481)

Sec. 54.75. - Bonds.

(a)

Unless the applicant supplies other acceptable financial guarantees or demonstrates financial responsibility satisfactory to the Director of Finance and the City Attorney, all persons submitting a request for a Telecommunication Permit to construct a Private Communications System in accordance herewith shall file with their request bonds solely for the protection of the City with a surety company or trust company or companies as surety or sureties in the amount of $5,000.00 to protect the City from any and all damages or costs suffered or incurred by the City as a result thereof, including, but not limited to, attorney's fees and costs of any action or proceeding, and including the full amount of compensation, indemnification, cost of removal or abandonment of any property or other costs which may be in default, up to the full principal amount of such bond; and the condition shall be a continuing obligation during the entire term of any Telecommunication Permit issued in accordance herewith and thereafter until the Permittee shall have satisfied in full any and all obligations to the City which arise out of or pertain to the Telecommunication Permit for a Private Communications System.

(b)

None of the provisions of this section nor any bond accepted by the City pursuant hereto, nor any damages recovered by the City thereunder, shall be construed to excuse the faithful performance by or limit the liability of the permittee under this Article or any Telecommunication Permit issued in accordance herewith or for damages either to the full amount of such bond or otherwise.

(Ord. of 9-14-1987, Doc. #21481)

Sec. 54.76. - Compensation for Permit.

Except as hereinafter provided, it shall be a term and condition of any Telecommunication Permit issued in accordance herewith that as a part of the consideration supporting the issuance of such Telecommunication Permit and the City's permission thereby to occupy and use the streets of the City, that the Permittee shall pay each year to the City compensation and license fees in the amount of:

(i)

$2.00 per linear foot up to 52,800 feet, of any underground, and

(ii)

$1.00 per linear foot up to 52,800 feet, of any aboveground, line cable, fiber optic conduit, duct-bank, or other pathway (hereinafter collectively referred to as "Pathway") that makes physical use of the City streets. Pathways owned by one company or affiliated companies which exceed a total length of 52,800 feet shall be subject to a reduced fee of 50 percent of what otherwise would be due in accordance with the terms of this Article for the portion of Pathway from 52,801 feet to 132,000 feet and 25 percent for the portion exceeding 132,000 feet. This reduction shall be in addition to the transitional period reduction contained in Section 54.82(d) herein. The applicable fee for underground lines and cables accordingly, for example for 1988 shall be: EXPAND 0—52,800 feet .60 × $2.00/ft. = $1.20/ft. 52,801—132,000 feet .50 × .60 × $2.00/ft. = $0.60/ft. 132,000 feet + .25 × .60 × $2.00/ft. = $0.30/ft.

For systems which include a combination of underground and aboveground lines, the reduction of the annual fee shall be prorated between the underground rate and the aboveground rate based upon the number of feet of each type within the total system on January 1 of the applicable year. For new portions of systems eligible for the reduced rate based upon the length of the system, the prorated fee paid at the time of filing the application shall be prorated based upon the quarter in which the application is filed and the proration of underground and aboveground lines being added at that time.

For the purposes of this Section, two or more lines cables, fiber optics conduits, duct-banks or other pathways parallel to each other which are:

(i)

underground and within a sixteen (16) inch wide strip of right-of-way, except as hereinafter provided, or

(ii)

aboveground and attached to the same poles,

and owned by the same or an affiliated company shall be considered as one Pathway for the purpose of the per linear foot charge. In the event a Permittee cannot construct or lay its underground lines, cables, fiber optics conduits, duct-banks or other pathways within a single sixteen inch wide strip of right-of-way because a sixteen inch wide strip of right-of-way is not available due to the closeness of other lines owned by other entities, then all lines, cables, fiber optics conduits, duct-banks or other pathways which are owned by that Permittee or an affiliated company that are parallel to each other within the same right-of-way regardless of distance apart shall be considered as one Pathway for the purpose of the per linear foot charge, provided that such lines and pathways could have been constructed within a single sixteen inch wide strip of right-of-way, if it had been available. Lines, cables or fiber optics of a Private Communications System placed in an underground conduit or duct-bank owned by another Permittee shall require a separate Telecommunication Permit, subject to the same requirements as other installations, except the fee for the additional Telecommunications Permit shall be one-half of the otherwise applicable per linear foot fee for the portion of the Pathway so utilized. Lines, cables or fiber optics of a Private Communications System placed aboveground on existing poles shall require a Telecommunication Permit, subject to the same requirements as other installations. Lines, cables or fiber optics of a Private Communication System which are placed in an underground conduit or duct-bank, or on aboveground poles owned by an entity exempt from the provisions of this Article shall require a Telecommunication Permit, unless the Franchise, or other authorization by which the exempt entity has the right to place the conduit, duct-bank or poles within the City property, prohibits the application of the permit and fee requirements contained in this Article to the lessee of space within the conduit or duct-bank or on the poles. The City may raise this license fee no more frequently than every three years, by an amount not exceeding the proportional cumulative increase in the Bureau of Labor Statistics Telephone and Telegraph Wire and Cable Index or successor index since the initial establishment of this permit fee, or since the most recent increase in the permit fee for any and all subsequent increases after the first increase, and only after a public hearing and at least twenty (20) days notice to all Permittees, except as hereinafter provided. The City may raise the license fee more than the cumulative increase in such Index in the event there is competent evidence that the fee imposed by the City is below the average of fees imposed by other cities within the State of Florida which impose such fees and which have populations in excess of 50,000 people. Except for lines, cables or fiber optics within a conduit or duct-bank owned by another Permittee, the license fee shall be based on the same amount per linear foot for all nongovernmental entities subject to the requirements of this Article after the transition period, except in no event, however, shall the fee be less than $500.00 per annum.

(Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Sec. 54.77. - Payment and Audit of Compensation and License Fees.

(a)

The annual compensation and license fee provided for in Section 54.76 shall be payable annually on or before March 1 of each calendar year for the portion of the Private Communications System within the City streets on January 1 of that year and a prorated license fee, based upon the calendar quarter in which the application is filed, shall be paid at the time of the application for a Telecommunication Permit for all new portions of the system, except as hereinafter provided. For portions of the system constructed in new subdivisions or areas being developed, the prorated license fee shall be based upon the calendar quarter in which the public improvements required by The Orlando Land Development Code are completed and accepted by the City, provided that:

(i)

the Permittee makes an application for the required Telecommunication Permit prior to construction of that portion of the Private Communication System,

(ii)

the Permittee coordinates its construction with that of the Developer of the subdivision or area and assumes the responsibility of determining from the Developer the date on which the Public Improvements are completed by the Developer and accepted by the City,

(iii)

the Permittee does not activate or utilize that portion of the Private Communication System except for testing,

(iv)

the Permittee notifies the City on a quarterly basis that the Public Improvements are still under construction and shall include in the annual report in conjunction with the fees due on or before March 1st of each year, a detailed listing or description of all lines and cables in subdivisions or areas under development for which the Public Improvements have not been completed and accepted by the City, and

(v)

the Permittee pays the applicable fee within thirty days after the Public Improvements are completed by the Developer and accepted by the City.

(b)

Fees not paid within ten days after the due date shall bear interest at the rate of one percent per month from the date due until paid.

(c)

The acceptance of any payment required hereunder by the City shall not be construed as an acknowledgment that the amount paid is the correct amount due, nor shall such acceptance of payment be construed as a release of any claim which the City may have for additional sums due and payable.

(1)

All fee payments shall be subject to audit by the City and assessment or refund if the payment is found to be in error.

(2)

In the event that such audit results in an assessment by and an additional payment to the City, such additional payment shall be subject to interest at the rate of one percent (1%) per month retroactive to the date such payment originally should have been paid, which shall be due and payable immediately.

(d)

Nothing in this Article shall be construed to limit the liability of the licensee for all applicable Federal, State and local taxes.

(e)

In the event any fees due in accordance with the terms of this Article are not paid within 90 days after the due date, the City Engineer may withhold the issuance of any right-of-way utilization permits or Telecommunication Permits to the Permittee until the amount past due is paid in full.

(Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Sec. 54.78. - Indemnity and Insurance.

(a)

The City shall not at any time be liable for any injury or damage occurring to any person or property from any cause whatsoever, arising from the use, operation or condition of the Permittee's Private Communications System.

(b)

The Permittee shall indemnify, save and hold harmless and defend the City from all liens; charges; claims, including but not limited to, libel, slander, invasion of privacy and unauthorized use of any trademark, trade name or service mark; demands; suits; actions; fines; penalties; losses; costs, including but not limited to, reasonable legal fees and court costs including legal fees and court costs on appeal; judgments; injuries; liabilities or damages, in law or equity, of any and every kind and nature whatsoever, arising out of or in any way connected with the installation, operation, maintenance or condition of the Permittee's Private Communications System or the granting of the Telecommunication Permit.

(c)

Upon the granting of a Permit and at all times during the terms of the Permit, including the time for removal of facilities as provided for herein, the Permittee shall obtain, pay all premiums for, and file with the City written evidence of payment of premiums and executed duplicate copies of the following:

(1)

A general comprehensive liability policy indemnifying, defending and saving harmless the City, its officers, boards, commissions, agents or employees from any and all claims by any person whatsoever on account of injury to or death of a person or persons occasioned by the operations of the Permittee under the Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of One Million Dollars ($1,000,000) combined singled limit for personal injury or death.

(2)

Property damage insurance, indemnifying, defending, and saving harmless the City, its officers, boards, commissions, agents and employees from and against all claims by any person whatsoever for property damage occasioned by the operation of Permittee under the Telecommunication Permit herein granted, or alleged to have been so caused or occurred, with a minimum liability of Five Hundred Thousand Dollars ($500,000) combined single limit for property damage.

(d)

All insurance policies called for herein shall be in a form satisfactory to the City Attorney and shall require thirty (30) days written notice of any cancellation to both the City and the Permittee. The Permittee shall, in the event of any such cancellation notice, obtain, pay all premiums for, and file with the City, written evidence of the issuance of replacement policies within thirty (30) days following receipt by the City or the Permittee of any notice of cancellation.

(e)

In lieu of the insurance policies as required by and referenced in subparagraphs (c) and (d) above, the Permittee may submit (i) a certification by a qualified independent actuary, acceptable to the City, which indicates that Permittee has established an "actuarially sound" self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d), or (ii) other documentation and proof acceptable to the City's Director of Finance and City Attorney which indicates that Permittee has a self-insurance program with adequate reserves and resources to provide coverage and protection equal to or better than the requirements contained in subparagraphs (c) and (d).

(Ord. of 9-14-1987, Doc. #21481)

Sec. 54.79. - Police Powers.

Nothing in this Article or in any Telecommunication Permit issued in accordance herewith shall be construed as an abrogation by the City of any of its police powers.

(Ord. of 9-14-1987, Doc. #21481)

Sec. 54.80. - Use of Streets and Pole Attachments.

(a)

Before commencing construction of its Private Communications System in, above, over, under, across, through or in any way connected with the streets, public ways or public places of the City, the Permittee shall first obtain the written approval of, and all other necessary permits from, all appropriate City agencies, including, but not limited to, the Bureau of Engineering, Department of Public Works. Applications for such approval shall be made in the form prescribed by the Bureau of Engineering.

(b)

Upon obtaining such written approval, the Permittee shall give the Bureau of Engineering and the appropriate agency written notice within a reasonable time of proposed construction, but in no event shall such notice be given less than ten (10) days before such commencement, except for emergency repairs of existing lines or cables.

(c)

Any person who submits a request for a Permit in accordance herewith shall include therein proposed agreements for the use of existing utility poles and conduits, if applicable, with the owner(s) of such facilities to be used or affected by the construction of the proposed Private Communications System, which agreements shall become effective on the date of execution of the Permit issued in accordance herewith in the event that such person is issued a Permit.

(d)

It shall be unlawful for the Permittee or any other person to open or otherwise disturb the surface of any street, sidewalk, driveway, public way or other public place for any purpose whatsoever without obtaining approval to do so after proceeding in the manner prescribed in subsections (a) and (b) hereof. Violation of this section shall subject the Permittee to all penalties and remedies prescribed therein and to all other remedies, legal or equitable, which are available to the City.

(e)

The Permittee shall restore any street or sidewalk it has disturbed in accordance with the provisions of the City's standard specifications for Streets and Sidewalks, and shall, at its own cost and expense, restore and replace any other property disturbed, damaged or in any way injured by or on account of its activities to as good as the condition such property was in immediately prior to the disturbance, damage or injury or pay the fair market value of such property to its owner.

(f)

The Permittee shall, at its own cost and expense, protect, support, temporarily disconnect, relocate in the same street or other public place, or remove from such street or other public place, any of its property when required to do so by the City because of street or other public excavation, construction, repair, regrading, or grading; traffic conditions; installation of sewers, drains, water pipes, City owned power or signal lines, tracts; vacation or relocation of streets or any other type of structure or improvement of a public agency, or any other type of improvement necessary for the public health, safety or welfare, or upon termination or expiration of the Permit.

(g)

Nothing in this Article or any Permit issued in accordance herewith, shall be construed as authorizing the Permittee to erect and maintain new poles in areas serviced by existing poles, if the poles are available for Permittee's cable. The Permittee shall obtain written approval from the Bureau of Engineering and other appropriate City agencies before erecting any new poles or underground conduits where none exist.

(h)

The Permittee shall maintain all wires, conduits, cables, and other real and personal property and facilities in good condition, order and repair.

(i)

The Permittee shall keep accurate, complete and current maps and records of its system and facilities which occupy the streets, public ways and public places within the City and shall furnish as soon as they are available two (2) complete copies of such maps and records, including as-built drawings, to the Bureau of Engineering, Department of Public Works.

(j)

The Permittee shall comply with all rules and regulations issued by the Department of Public Works governing the construction and installation of Private Communications Systems. In addition:

(1)

All aerial cables and wires shall be installed parallel with existing telephone and electric utility wires; and

(2)

Multiple aerial configurations shall be in parallel arrangement and bundled, in accordance with engineering and safety considerations; and

(3)

All underground installations shall be in the appropriate size and type conduit or other enclosures approved by the City Engineer; and

(4)

All installations shall be underground in those areas of the City where both telephone and electric utilities facilities are underground at the time of the installation of the Permittee's Private Communications System.

A.

In areas where both telephone and electric utilities' facilities are above ground at the time of the installation of the Permittee's Private Communications System, the permittee may install its system above ground on existing utility poles only, upon the condition that at such time as those facilities are placed underground by the telephone and electric utility companies, the Permittee shall likewise place its facilities underground at its sole cost and expense.

(5)

The Permittee upon reasonable notice by the City, shall temporarily or permanently remove, adjust, raise or lower its facilities within the right of way when the City determines that such action is needed for public use of the right of way including, but not limited to, the passage of nonstandard vehicles.

(6)

The Permittee shall obtain the written permission of the owner including the City of any tree or other vegetation before it trims or prunes the same.

(Ord. of 9-14-1987, Doc. #21481)

Sec. 54.81. - Transfer Assignments.

(a)

The Permittee shall not transfer or assign its interest in any Permit issued in accordance herewith, other than a general assignment of the Permittee's entire assets or a pledge of the assets as collateral on a loan, without the prior written authorization of the Director, Department of Public Works. For purposes of this section, a merger or consolidation of the Permittee with another company shall not be deemed a transfer or assignment. The assignment of the right to a nonaffiliated company to place a line, cable or fiber optic within a permitted conduit or duct bank of a Permittee is subject to the requirement of an additional Telecommunication Permit.

(Ord. of 9-14-1987, Doc. #21481)

Sec. 54.82. - Existing Private Communications Systems Transitional Period.

(a)

Lines or cables of Private Communication Systems which had been constructed or placed within the City's Streets, public ways or public places prior to the date of enactment of this Article were permitted to be there only by virtue of a revokable license. Such lines and cables may remain within the City's Streets, public ways or public places provided the private communications systems companies comply with the provisions of this Article as they relate to the existing lines and cables.

(b)

Except as hereinafter provided, the provisions of this Article shall become effective as to pre-existing private communications systems on October 1, 1987. The private communications systems companies which have facilities within the City Streets on the date of enactment of this Article shall have until November 1, 1987 to obtain permits for their existing system, to pay the applicable fee for 1987 prorated as of October 1, 1987, and to fully comply with the provisions of this Article.

(c)

Except as hereinafter provided, the provisions of this Article shall become effective on March 1, 1988 as to pre-existing private communications systems which do not provide a toll telephone service, as defined herein. The private communications systems companies which do not provide toll telephone services but have facilities within the City Streets on the date of enactment of this subsection shall have until May 1, 1988 to obtain permits for their existing system, to pay the applicable fee for 1988 and to fully comply with the provisions of this Article.

(d)

The applicable fee for the existing underground and aboveground lines and cables which were existing within and over the City Streets, public ways and public places on October 1, 1987, and which became subject to the terms of this Article on that date, shall be prorated over a five year transitional period. The fee for the first calendar year applicable to the existing lines and cables shall be fifty percent of what otherwise would be due in accordance with the terms of this Article. The applicable fee shall increase by ten percent a year until it reaches one hundred percent of the standard fee. The applicable fee for underground and aboveground lines and cables constructed, laid or placed in the streets after October 1, 1987 shall be prorated over a four year transitional period starting in 1988. The applicable fee for the existing underground and aboveground lines and cables which were existing within and above the City Streets, public ways and public places on March 1, 1988 and which became subject to the terms of this Article on that date shall be prorated over a four year transitional period. The fee for calendar year 1988 for the lines and cables subject to the four year transitional period shall be sixty percent of what otherwise would be due in accordance with the terms of this Article. The applicable fee shall increase by ten percent a year until it reaches one hundred percent of the standard fee. The applicable fee for up to 52,800 feet of underground lines and cables accordingly shall be: EXPAND October-December 1987 (if applicable) ¼ × .50 × $2.00/ft. = $0.25/foot 1988 .60 × $2.00/ft.= $1.20/foot 1989 .70 × $2.00/ft. = $1.40/foot 1990 .80 × $2.00/ft. = $1.60/foot 1991 .90 × $2.00*/ft. = $1.80*/foot 1992 1.00 × $2.00*/ft. = $2.00*/foot

The applicable fee for up to 52,800 feet of aboveground lines and cables accordingly shall be:

EXPAND 1988  .60 × $1.00/ft. = $0.60/foot 1989  .70 × $1.00/ft. = $0.70/foot 1990  .80 × $1.00/ft. = $0.80/foot 1991  .90 × $1.00*/ft. = $0.90*/foot 1992 1.00 × $1.00*/ft. = $1.00*/foot

*The $2.00/ft. and $1.00 standard fees are subject to being increased in accordance with the provisions of Section 54.76 of this Article.

(Ord. of 9-14-1987, Doc. #21481; Ord. of 2-22-1988, Doc. #21876)

Sec. 53.08. - Costs Incurred in Pursuit of Tax or Information as a Result of a Violation of this Chapter. Chapter 55 - REGULATION OF TAXICABS, LIMOUSINES, LUXURY PASSENGER VEHICLES, SHUTTLES AND OTHER VEHICLES-FOR-HIRE