ORANGE COUNTY CODE

____________

Published in 1991 by Order of the Board of County Commissioners

____________

CURRENT OFFICIALS

of

ORANGE COUNTY, FLORIDA

____________

Jerry L. Demings
County Mayor

____________

District 1 Commissioner Besty Vanderley
District 2 Commissioner Christine Moore
District 3 Commissioner Mayra Uribe
District 4 Commissioner Maribel Gomez Cordero
District 5 Commissioner Emily Bonilla
District 6 Commissioner Victoria P. Siplin
Board of County Commissioners

____________

Jeffrey J. Newton
County Attorney

____________

Bryon W. Brooks
County Administrator

OFFICIALS

of

ORANGE COUNTY, FLORIDA

AT THE TIME OF THIS CODIFICATION

____________

Linda W. Chapin
County Chairman

____________

District 1 Commissioner Vera Carter
District 2 Commissioner Tom Staley
District 3 Commissioner Hal Marston
District 4 Commissioner Fran Pignone
District 5 Commissioner Bill Donegan
District 6 Commissioner Mable Butler
Board of County Commissioners

____________

Harry A. Stewart
County Attorney

____________

Fran Carlton
Clerk of the Circuit Court

PREFACE

This Code constitutes a complete codification of the general and permanent ordinances of Orange County, Florida.

Source materials used in the preparation of the Code were the ordinances adopted by the board of county commissioners and various special acts relating to the county. The source of each section is included in the history note appearing in parentheses at the end thereof. The location of any law or ordinance in the compilation known as the Orange County Code (originally prepared in 1965) is also shown in the history notes. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any section of the 1965 Code, as supplemented, and any subsequent ordinance included herein.

The chapters of the Code have been conveniently arranged in alphabetical order and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the first section of Chapter 4 is 4-1. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 3-1 and 3-2 is desired to be added, such new section would be numbered 3-1.5. New chapters may be included in the same manner. If the new material is to be included between Chapters 12 and 13, it will be designated as Chapter 12.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division.

Indices

The indices have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indices themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised sheets are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

Acknowledgments

This publication was under the direct supervision of the editorial staff of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

The publisher is most grateful to Assistant County Attorney A. Bryant Applegate and the other members of the county's legal department, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the county's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ORDINANCE NO. 91-9

An Ordinance Adopting and Enacting a New (Recodified) Code for Orange County, Florida; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner Amending Such Code; Providing for Severability; and Providing When Such Code and This Ordinance Become Effective.

  Whereas, the Board of County Commissioners of Orange County, Florida, contracted with the Municipal Code Corporation of Tallahassee, Florida to recodify the existing County Code; and

  Whereas, the recodification project involved hundreds of hours of staff time analyzing the various code provisions and how they should be recodified and organized; and

  Whereas, the Municipal Code Corporation has submitted a recodified code consisting of two volumes appropriately tabbed, organized, indexed and bound; and

  Whereas, recodified code contains an appendix which includes a code comparative table which references the old code provisions by number and correlates them to the new section numbers in the recodified code; and

  Whereas, the appropriate staff has reviewed the recodified code; and

  Whereas, the Board of County Commissioners have been informed by Memorandum of all changes to the Code effectuated by the recodification process; and

  Whereas, the Memorandum of Substantive Changes is attached hereto and made a part hereof as Exhibit "One"; and

  Whereas, the Local Planning Agency for Orange County has reviewed the recodified code with emphasis on the zoning provisions and approved same finding no substantive changes to the Zoning Code resulting from the recodification process; and

  Whereas, codification of ordinances adopted by counties is provided for in Section 125.68, Florida Statutes and Section 211 of the Orange County Charter; and

  Whereas, the Board of County Commissioners find it to be in the public interest to adopt the recodified code as submitted by the Municipal Code Corporation.

Now Therefore Be It Ordained by the Board of County Commissioners of Orange County.

Section 1. The Code entitled "Orange County Code," published by Municipal Code Corporation consisting of two volumes and chapters 1 through 38, each inclusive, is adopted. (Volumes One and Two as identified above are made a part hereof as composite Exhibit #2).

Section 2. All ordinances of a general and permanent nature enacted on or before August 27, 1990, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed five hundred dollars ($500.00), imprisonment not to exceed sixty (60) days, or both such fine and imprisonment. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the county to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 6. Ordinances adopted after August 27, 1990, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.

Section 7. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of this ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared severable.

Section 8. This ordinance shall become effective as provided by law.

Approved April 16, 1991

Effective April 26, 1991