Chapter 6 - CONTROL AND REGULATION OF ANIMALS

Sec. 5.24. - School speed zone enforcement cameras. Chapter 7 - PROCUREMENT CODE Chapter 6 - CONTROL AND REGULATION OF ANIMALS[1]

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Editor's note— Ord. of 12-14-1981, §§ 1, 2, repealed former ch. 6, pertaining to animals and fowl, and enacted in lieu thereof a new ch. 6 as herein set out. Former ch. 6 was derived from Code 1948, §§ 5.01—5.03, 5.06 5.07, 5.25, 5.26, 41.17, 41.18, 62.07, 62.12—62.14, 62.62; Ord. of 8-27-1958, § 1; and Ord. of 12-1-1969, § 2.

State Law reference— Cruelty to animals, Florida Statutes ch. 828; livestock at large, Florida Statutes § 588.12 et seq.

ARTICLE I. - GENERAL PROVISIONS

Sec. 6.01. - Orange County Ordinance Regulating Animals Adopted.

All provisions of that certain ordinance relating to the control and regulation of animals in Orange County adopted by the county commission of Orange County, Florida on April 2, 1991, entitled "Orange County Animal Services Ordinance," ordinance number 91-8, and as it may be amended from time to time, shall be in full force and effect within the boundaries of the City of Orlando, and said ordinance insofar as it is applicable to the area within the corporate limits of the City of Orlando is adopted and incorporated by reference herein as part of the Code of the City of Orlando as fully as if set forth herein.

(Ord. of 12-14-1981, § 2; Ord. of 2-22-1988, Doc. #21877; Ord. of 4-17-1992, Doc. #25660)

Sec. 6.02. - Reserved.

Editor's note— Former § 6.02 pertained to requirements as to keeping or grazing animals, hogs, fowl or rabbits. See Ord. of 12-14-1981, § 2; Ord. of 2-22-1988, Doc. #21877.

ARTICLE II. - HORSE-DRAWN VEHICLES

Sec. 6.03. - Definitions.

(1)

Horse-Drawn Vehicle: Any vehicle which is operated or pulled by a horse, mule or any other beast of burden which may be hired for the transportation of passengers and which is operated within the corporate limits of the City of Orlando.

(2)

Permit: The word "permit" shall mean the grant by the city to operate one horse-drawn vehicle upon the public streets of the City of Orlando.

(3)

Driver's Permit: The words "driver's permit" shall mean written authority given by the Chief of Police to any person to drive a horse-drawn vehicle upon the public streets of the City of Orlando.

(4)

Operate or Operation: "Operate" or "operation" shall include operation by the owner or any agent of the owner or by any person with the owner's knowledge, consent or permission, expressed or implied.

(5)

Owner: "Owner" shall include an individual, a firm, a co-partnership, a corporation, a company or any association of joint stock.

(6)

Chief of Police: The Chief of Police of the City of Orlando or his designee.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 1, Doc. #32625)

Sec. 6.04. - Compliance with Article Required.

The operation of horse-drawn vehicles within and upon the public streets of the city shall be subject to the conditions, regulations and restrictions set forth in this article. It shall be unlawful for any person to engage in the business of operating a horse-drawn vehicle in the City of Orlando until the provisions of this article have been complied with.

(Ord. of 12-14-1981, § 2)

Sec. 6.05. - Permit Required; to be Attached to Vehicle; Transfer.

It shall be unlawful to operate or cause to be operated any horse-drawn vehicle upon the public streets of the City of Orlando where that vehicle has not been issued a permit or upon which said permit has not been affixed as provided for in this article. Said permit shall be of a type provided by the Chief of Police, shall be affixed to the horse-drawn vehicle in a manner prescribed by the Chief of Police, and shall be non-transferable from the vehicle for which the same was issued except as may be authorized by the Chief of Police. The Chief of Police is hereby authorized to establish a fee for each transfer.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 2, Doc. #32625)

Sec. 6.06. - Application for Permit; Approval, Denial of Application; Appeal; Permit Fee; Lost, Destroyed Permits; Renewal of Permit.

(1)

Any person desiring to obtain a permit to operate a horse-drawn vehicle in the City of Orlando shall submit to the Vehicles For Hire Secretary of the Orlando Police Department, a written application which shall contain the following information:

(a)

The name, address, telephone number and form of business of the applicant. If the applicant is a corporation it shall also state the names, addresses and occupations of its officers, directors and major stockholders, and the names and addresses of any parent or subsidiary companies, the date and place of incorporation, and if incorporated outside of the State of Florida, whether or not it has qualified to do business within the State of Florida. If the applicant is a corporation controlled by another corporation, the names, addresses and occupations of the officers, directors and major stockholders of the controlling corporation shall also be stated. If the applicant is a partnership or other unincorporated association, the names and addresses of each member, whether active or inactive, shall be set forth, and if one or more partners or members are corporations, the names and addresses and occupations of such corporations' officers, directors and major stockholders shall also be stated.

(b)

The trade name, if any, under which the applicant proposes to do business.

(c)

A thorough description including photographs of the proposed horse-drawn hack or carriage business to be operated; the manner in which the applicant proposes to install, maintain and operate the business; the proposed hours of operation; proposed location from which the business is to be operated; the proposed route or routes to be served or utilized, together with a map or maps describing the proposed routes; the number of horse-drawn vehicles to be operated under the proposed business; the type of animal or beast of burden to be used to draw any vehicle; the kind, make and model of the vehicles to be used in the business, together with the safety and sanitation devices and methods to be employed.

(d)

A thorough description of the proposed manner and location in which the applicant proposes to feed, shelter, quarter and stable and otherwise care for the animals to be used in the business, and the method to be used in transporting the animals within and without the city.

(e)

A schedule of proposed rates and charges to all classes of passengers.

(f)

A certificate of soundness for each animal that will be pulling a permitted vehicle issued by a veterinarian licensed in the State of Florida, finding such animal to be free from infectious disease, in good health and fit for hack and carriage service under this article. Each animal shall thereafter be reinspected at intervals of no more than six (6) months, and a certificate of soundness shall be issued by such veterinarian and filed with the city in order for such animal to remain in service. No animal shall be used to draw a horse-drawn vehicle without such certificate of soundness certified and dated within any preceding six-month period.

(g)

An insurance certificate proving that the applicant has met the insurance requirements of this article.

(h)

A sworn statement acknowledging the applicant's familiarity with and eligibility under the provisions of this section and any rules and regulations promulgated hereunder, and the applicant's intention to abide by the same.

(i)

Any such supplementary information the city shall at any time demand in order to reasonably determine whether the request for a permit should be granted.

(2)

Upon receipt and acceptance of a complete application for a permit, the Chief of Police shall forward copies of said application to the City Transportation Engineer and the Bureau Chief of Solid Waste, who shall evaluate the application for public health, safety and welfare concerns as pertains to his or her department. If the applicant's plan for service meets with the approval of the reviewing official, the official shall report said approval in writing to the Chief of Police. If said plan or application does not meet the approval of the reviewing official, the official shall report said disapproval to the Chief of Police with reasons for disapproval listed in writing. Should the application be disapproved by either the Chief of Police, the Transportation Engineer, or the Bureau Chief of Solid Waste, the application for permit shall be denied, and no permit to operate horse-drawn vehicles shall be issued to the applicant.

(3)

Any applicant whose application for a permit has been denied may, within thirty (30) days after said denial, appeal to the city council.

(4)

Once the application is approved by the Chief of Police, Transportation Engineer, and the Bureau Chief of Solid Waste, the Chief of Police shall issue a permit to the applicant upon payment of the following fee: One hundred dollars ($100.00) for each permit to be issued. Said permit shall be valid for one year from the date of issuance.

(5)

If a permit issued under this section is lost or destroyed, the permit holder may obtain a duplicate upon payment of ten dollars ($10.00) service charge.

(6)

All persons holding city horse-drawn vehicle permits must maintain in active operation the vehicle for which the permit was issued. Any permit which remains dormant for more than sixty (60) days shall be declared void by the Chief of Police.

(7)

Any person to whom a permit has been issued, under the provisions of this article, shall be entitled to renew such permit from year to year; provided, however, that such person shall fully comply with the provisions of this article and such other ordinances, rules and regulations as shall be enacted or adopted from time to time by the City and apply for said renewal no later than fifteen (15) days prior to the expiration of the permit for which renewal is sought; provided further, renewal of said permit shall be issued by the Chief of Police upon payment of the annual one hundred dollars ($100.00) permit fee.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 3, Doc. #32625; Ord. of 11-14-2005, § 1, Doc. # 051114701; Ord. of 4-3-2006, § 1, Doc. # 0604031003)

Sec. 6.07. - Adherence to Plan Submitted in Application.

Permittees must adhere to the routes, rates and vehicle number and design as specified in their application for permits. Any deviance from said application without the approval of the Chief of Police, City Transportation Engineer, and Bureau Chief of Solid Waste shall be a violation of this article.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 4, Doc. #32625)

Sec. 6.08. - Liability and Indemnification.

(1)

A permittee shall pay, and by its acceptance of a permit specifically agrees to pay, any and all damages or penalties which the city may be legally required to pay as a result of the permittee's operation or maintenance of a horse-drawn vehicle under this article, whether or not the acts or omissions complained of are authorized, allowed or prohibited by the city.

(2)

A permittee shall also pay all expenses incurred by the city in defending itself with regard to any and all damages and penalties mentioned in subsection (1) above. The expenses shall include all out-of-pocket expenses, including a reasonable attorney's fee and the reasonable value of services rendered by any employee of the city.

(3)

The permittee shall maintain, throughout the term of the permit, liability insurance insuring the city and the permittee with regard to all damages mentioned in subsection (1) above caused by the grantee or its agents, in the minimum amounts of:

(a)

Workers' and unemployment compensation insurance as provided by the laws of this state.

(b)

One hundred thousand dollars ($100,000.00) for bodily injury or death to any one person within the limit, and five hundred thousand dollars ($500,000.00) for bodily injury or death resulting from any one accident, and fifty thousand dollars ($50,000.00) for property damage resulting from any one accident.

(4)

The insurance policies obtained by a permittee in compliance with this section shall be insured by a company or companies acceptable to the city and a current certificate or certificates of insurance, along with written evidence of payment of all required premiums, shall be filed and maintained with the city during the term of the permit. The policies shall name the city as an additional insured and shall contain a provision that written notice of cancellation or reduction in coverage of the policy shall be delivered by registered mail to the city at least thirty (30) days in advance of the effective date thereof.

(Ord. of 12-14-1981, § 2)

Sec. 6.09. - Compliance with Traffic Regulations.

(1)

A permittee, having been issued a permit or permits under this article to engage in the business of operating horse-drawn vehicles, shall be subject to all traffic provisions of this Code and all other ordinances, rules and regulations now in effect in the city or the State of Florida and all traffic ordinances and rules and regulations which may pertain to the operation of horse-drawn vehicles, hereafter enacted or adopted by the city or the State of Florida, and such rules and regulations formulated and promulgated under authority of this article.

(2)

The City Transportation Engineer is hereby empowered to designate the location and extent of space for stands to be known as "horse-drawn stands." No automobiles or other means of conveyance other than such vehicles for hire as defined in this article shall be permitted to use such "horse-drawn vehicle stands" within the time as provided by the rules and regulations promulgated by the City Transportation Engineer.

(3)

The City Transportation Engineer is hereby authorized and directed to formulate and promulgate reasonable rules and regulations for the use of such "horse-drawn vehicle stands" and to prevent unfair practices between the owners, operators and drivers of such horse-drawn vehicles for hire.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 5, Doc. #32625)

Sec. 6.10. - Rates and Charges to be Displayed.

Each permittee shall prominently display in each permittee's horse-drawn vehicle a card or sign which shall show the schedule of the rates and charges for the transportation services furnished by the permittee; the city permit number of such horse-drawn vehicle and the name and address of both the permittee and driver of such vehicle. Such card or sign shall be posted in a conspicuous place in such vehicle while it is in use as a horse-drawn vehicle for hire, so that it is clearly visible to all passengers in such vehicle. It shall be unlawful for any permittee, operator, agent, lessee or driver of any horse-drawn vehicle to charge more than the rate so posted.

(Ord. of 12-14-1981, § 2)

Sec. 6.11. - Sanitation.

All permittees shall comply with the following sanitation requirements:

(1)

All horses, mules and other animals shall be equipped with adequate devices to prevent manure, and other excrement from falling upon the streets of the city. Any excrement which should fall upon the streets of the city shall be removed at the expense of permittee.

(2)

All animal waste for disposal shall be promptly transported to sites or facilities legally empowered to accept it for treatment or disposal. The city reserves the right to approve or disapprove sites taking into account routes within the city, and the rules and regulations of the governmental body having jurisdiction over said sites or facilities.

(3)

A permittee shall further comply with all applicable health and sanitation provisions of the Sanitary Code of Florida and all rules and regulations promulgated thereunder.

(Ord. of 12-14-1981, § 2)

Sec. 6.12. - Condition and Inspection of Horse-Drawn Vehicles.

(a)

Each horse-drawn vehicle shall be kept in a safe and sanitary condition at all times. The City shall have the right to inspect or cause to be inspected any horse-drawn vehicle as often as may be necessary for the purpose of ascertaining and causing to be corrected any unsafe or unsanitary conditions or any violations of this article or any other rule, regulation, ordinance or law relating to the operating of such horse-drawn vehicles.

(b)

The Chief of Police is hereby authorized to establish a fee for each such inspection, and is further authorized to establish and promulgate rules and regulations and minimum standards for the inspection and condition of horse-drawn vehicles.

(c)

If any horse-drawn vehicle shall fail to pass such inspection, it shall be removed from service on the day of inspection, and shall remain out of service until it has passed inspection.

(d)

All horse-drawn vehicles used by a permittee shall have conspicuously displayed on the exterior of the vehicle the name of the permittee or the trade name under which such permittee operates. No signs other than those required by this article shall be allowed on any horse-drawn vehicle.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 6, Doc. #32625)

Sec. 6.13. - Use of Vehicle in Perpetration of Crimes Prohibited.

It shall be unlawful for any grantee or agent or employee of same, willfully to permit any horse-drawn vehicle to be used in the perpetration of a crime.

(Ord. of 12-14-1981, § 2)

Sec. 6.14. - Revocation of Permits.

(1)

Whenever there is reasonable cause to believe that a person holding a permit to operate a horse-drawn vehicle is violating the provision of this article, the Chief of Police may, upon written, certified notice of said violation to the permittee, suspend the permits issued to such person until such time as the violations are corrected to the satisfaction of the City or within a period of thirty (30) days, whichever is less. If said violation is not corrected within thirty (30) days the permit will be automatically revoked. Any permittee whose permits have been revoked under this subsection may within thirty (30) days after said revocation, appeal to the city council.

(2)

If the violation is of such a grievous nature as to endanger the public health, safety or welfare, the Chief of Police shall bring said matter before the city council at a public hearing to request immediate revocation of the permits.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 7, Doc. #32625)

Sec. 6.15. - Driver's Permit Required.

(1)

It shall be unlawful for any person to operate or drive a horse-drawn vehicle in or upon any street in the City of Orlando unless and until such person shall have first obtained from the Chief of Police a driver's permit, as set forth in Chapter 55 of the City Code.

(2)

For the purposes of this chapter, all provisions of Chapter 55 of the City Code regarding the issuance and alterations of driver's permits are hereby incorporated and made applicable to drivers of horse-drawn vehicles.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 8, Doc. #32625)

Sec. 6.16. - Display of Driver's Permit.

Every driver of any horse-drawn vehicle shall visibly display his driver's permit in such horse-drawn vehicle at all times when on duty, and shall produce it for inspection upon demand of any passenger or law enforcement officer.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 9, Doc. #32625)

Sec. 6.17. - Revocation of Driver's Permit.

If, upon investigation, the Chief of Police finds that the holder of a driver's permit has violated any provision of this article, or has been convicted of the following: Murder, kidnapping, aggravated battery, burglary, robbery, sexual battery, prostitution, exposure of sexual organs, lewd, lascivious or indecent assault or act upon or in the presence of a child, any crime involving the sale of controlled substances as defined by Florida Statutes § 893.03, manslaughter or negligent homicide resulting from the use of a motor vehicle, then the Chief of Police shall revoke the permit. Any person having his driver's permit revoked by the Chief of Police may appeal, by filing notice thereof, with the clerk of the city within thirty (30) days from the time of such revocation. Such appeal as filed shall not act as a supersedeas until such time as the city council shall take final action on such appeal.

(Ord. of 12-14-1981, § 2; Ord. of 1-24-2000, § 10, Doc. #32625)

Sec. 6.18. - Penalties.

Any person violating any provision of this article or of the ordinance regulating and controlling animals adopted by county commission of Orange County, Florida, shall, upon conviction, be punished as provided in Section 1.08 of this Code.

(Ord. of 12-14-1981, § 2)

ARTICLE III. - BACKYARD CHICKENS

Sec. 6.19. - General Conditions for the Keeping of Backyard Chickens.

Any person keeping chickens as an accessory to an occupied dwelling shall be subject to the following restrictions:

(1)

Permit Required. A Backyard Chicken permit (hereinafter "permit"), is required for the keeping of chickens. The permit is personal to the permittee and may not be assigned. If the person applying for the permit is not the fee simple owner of the subject property, the fee simple owner must provide owner authorization and consent to the application. The fee for the permit will be set by Resolution of the Orlando City Council.

(2)

Up to four chickens may be kept at an occupied single family residence upon receiving a permit from the City.

(3)

Ducks, geese, turkeys, peafowl, male chickens/roosters, pigeons, or any other poultry or fowl are not allowed.

(4)

Chickens are not allowed on duplex, triplex, townhomes, multifamily properties, community gardens, or any other uses.

(5)

Chickens must be secured within a covered chicken coop, chicken tractor, or fenced pen/run area at all times and are not allowed to run at large upon any public properties or off the premises of the owner. The coop and pen/run area must be completely secured from predators with hardware cloth or similar material. Chicken wire shall not be used.

(6)

The coop and pen/run area must be cleaned regularly and kept free of insects and rodents. Odors from chickens, chicken manure, or other items associated with the keeping of chickens must not be perceptible at the property boundaries. Chickens must not be permitted to create a nuisance consisting of noise or pests, or contribute to any other nuisance condition.

(7)

No manure may be allowed to accumulate on the floor of the coop or ground. All feed and other items associated with the keeping of chickens that are likely to attract or to become infested with rodents or other pests shall be kept in a rodent and pest-proof container.

(8)

Composting of chicken manure is allowed in an enclosed bin. The composting bin shall be kept at least 20 feet away from all property lines.

(9)

Chickens must be kept for personal use only. Selling chickens, eggs, feathers, or chicken manure, or the breeding of chickens is prohibited.

(10)

Chickens may not be slaughtered on premises.

(11)

Any person who violates any provision of the article will, upon conviction, be punished as provided in Section 1.08 of this Code. Additionally, the planning official has the sole discretion to revoke the permit and require that the chickens be removed within 10 days if he or she determines that the permittee is in violation of the requirements of the Code.

(Ord. No. 2016-79, § 2, 10-10-2016, #1610101202)

Sec. 5.24. - School speed zone enforcement cameras. Chapter 7 - PROCUREMENT CODE