TITLE I:  GENERAL PROVISIONS
   Chapter
      1-1.   GENERAL PROVISIONS
CHAPTER 1-1:  GENERAL PROVISIONS
Section
   1-1-1   Title of code
   1-1-2   Interpretation
   1-1-3   Application to future ordinances
   1-1-4   Captions
   1-1-5   Definitions and rules of construction
   1-1-6   Rules of interpretation
   1-1-7   Severability
   1-1-8   Reference to other sections
   1-1-9   Reference to offices
   1-1-10   Errors and omissions
   1-1-11   Official time
   1-1-12   Reasonable time
   1-1-13   Ordinances repealed
   1-1-14   Ordinances unaffected
   1-1-15   Effective date of ordinances
   1-1-16   Repeal or modification of ordinance
   1-1-17   Ordinances which amend or supplement code
   1-1-18   Supplementation of code
   1-1-19   Altering code
 
   1-1-97   Certain ordinances not affected by the Code
   1-1-98   Section histories; statutory references
   1-1-99   General penalty
§ 1-1-1  TITLE OF CODE.
   This codification of ordinances by and for the City of Kissimmee shall be designated as the Code of Ordinance of the City of Kissimmee and may be so cited. The ordinances embraced in this and following chapters and sections shall constitute and be designated the “Code of Ordinances, City of Kissimmee, Florida” and may be so cited. Code may also be cited as the “Kissimmee Code.”
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-2  INTERPRETATION.
   Unless otherwise provided herein, or by law or implication required, the same rules of construction, definition, and application shall govern the interpretation of this code as those governing the interpretation of state law.
§ 1-1-3  APPLICATION TO FUTURE ORDINANCES.
   All provisions of Chapter 1 compatible with future legislation, shall apply to ordinances hereafter adopted amending or supplementing this code unless otherwise specifically provided.
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-4  CAPTIONS.
   Headings and captions used in this code other than the chapter and section numbers are employed for reference purposes only and shall not be deemed a part of the text of any section.
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-5  DEFINITIONS AND RULES OF CONSTRUCTION.
   Words and phrases shall be taken in their plain, or ordinary and usual sense.  However, technical words and phrases having a peculiar and appropriate meaning in law shall be understood according to their technical import.  In those cases wherein a word or words are not defined, its definition shall be as found in Black's Law Dictionary, latest edition, or in American Heritage College Dictionary, latest edition.
   For purposes of this code, the following definitions shall apply to this code and to all ordinances and resolutions unless the context clearly indicates or requires a different meaning.
   CHARTER.  The Charter of the City of Kissimmee as printed in Part I of this Code.
   CITY.  The word “city” shall mean the City of Kissimmee, Florida, and shall extend to and include its several officers, agents and employees.
   CITY OFFICER, EMPLOYEE, BOARD, COMMITTEE, COMMISSION. Whenever any officer, employee, board, committee, or commission is referred to by title only, such reference shall be construed as if followed by the words “of the City of Kissimmee, Florida.”
   CITY COMMISSION.  The words “city commission” shall mean the City Commission of the City of Kissimmee.
   CODE.  The word Code shall mean the Code of Ordinances of the City of Kissimmee, Florida.
   COMPUTATION OF TIME.  Whenever a notice is required to be given or an act to be done a certain length of time before any proceeding shall be had, the day on which such notice is given, or such act is done, shall not be counted in computing the time, but the day on which such proceeding is to be had shall be counted.
   COUNTY.  The term “county” shall mean the County of Osceola, Florida.
   DELEGATION OF AUTHORITY.  Whenever a provision appears requiring the head of a department or some other city officer or employee to do some act or perform some duty, it shall be construed to authorize the head of the department or other officer or employee to designate, delegate and authorize subordinates to perform the required act or perform the duty unless the terms of the provision or section specify otherwise.
   F.S.  The abbreviation F.S. shall mean the latest edition or supplement of the Florida Statutes.
   GENDER.  A word importing either the masculine or feminine gender shall extend and be applied to both the masculine and feminine genders, and to firms, partnerships and corporations.
   HIGHWAY.  Includes any street, alley, highway, avenue or public place or square, bridge, viaduct, tunnel, underpass, overpass or causeway in the city dedicated or devoted to public use.
   JOINT AUTHORITY.  All words giving a JOINT AUTHORITY to three or more persons or officers shall be construed on giving such authority to a majority of such persons or officers.
   KEEPER and PROPRIETOR.  The terms “keeper” and “proprietor” includes persons, firms, associations, corporations, clubs and copartnerships, whether acting by themselves or through a servant, agent or employee.
   MASCULINE.  The word MASCULINE includes the feminine and neuter and vise versa.
   MAYOR.  The Mayor- Commissioner of the City of Kissimmee.
   MONTH.  A calendar month.
   NUMBER.  A word importing the singular may extend and be applied to the plural, and vice versa.
   OATH.  An affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words SWEAR and SWORN shall be equivalent to the words AFFIRM and AFFIRMED.
   OR and AND.  OR may be read AND, and AND may be read OR if the sense requires it.
   OWNER.  The word OWNER applied to a building, land or personal property shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or of a part of such building, land or personal property.
   PERSON.  The term “person” means and includes the state, county, a political subdivision of the state, other governmental entities, and extends and applies to associations, clubs, societies, firms, partnerships and bodies politic and corporate, trustees, receivers, an assignee or similar representative  as well as to individuals.
   PERSONAL PROPERTY.  The term “personal property” includes every species of property except real property as herein defined.
   PROPERTY.  The term “property” means and includes personal, intangible and mixed property.
   PUBLIC PLACE.  The term “public place” means any place subject to the primary control of any public agency, including but not limited to any park, street, public way, cemetery, school yard or open space adjacent thereto, all beaches, canals, streams, waterways and lakes.
   PUBLIC PROPERTY.  The term “public property” means all real and personal property owned by or subject to the primary control of any public agency, which is not dedicated in trust for the public.
   PRECEDING or FOLLOWING.  The terms “preceding” and “following” mean next before or next after, respectively.
   REAL PROPERTY.  The term “real property” means and includes lands, tenements and hereditaments.
   SHALL.  The word “shall” means the act referred to is mandatory.
   SIDEWALK.  The term “sidewalk” means any portion of a street between the curbline and the adjacent property line, intended for the use of pedestrians, excluding parkways.
   SIGNATURE or SUBSCRIPTION.  Includes a mark when the person cannot write.
   STATE.  The term “state” means the State of Florida.
   STREET.  The term “street” means streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public ways in the city.
   TENANT, OCCUPANT.  Tenant or occupant as applies to a building or land, shall include any person holding a written or oral lease of, or who occupies the whole or a part of, such building or land, either alone or with others.
   TENSE.  Words used in the past or present tense include the future as well as the past and present.
   WEEK.  The week shall be constructed to mean seven consecutive days.
   WRITTEN or IN WRITING.  The terms “written” or “in writing” means any representation of words, letters, or figures, whether by printing or otherwise.
   YEAR.  The term “year” means a calendar year.
(Am. Ord. 2707, passed 2-10-09; Am. Ord. 2950, passed 3-7-17)
Statutory reference:
   General definitions and rules of construction for state statutes, see F.S. § 1-1
§ 1-1-6  RULES OF INTERPRETATION.
   The construction of all ordinances of this city shall be by the following rules, unless such construction is plainly repugnant to the intent of the legislative body or of the context of the same ordinance:
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-7  SEVERABILITY.
   If any provision of this code as now or later amended or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions that can be given effect without the invalid provision or application.
§ 1-1-8  REFERENCE TO OTHER SECTIONS.
   Whenever in one section reference is made to another section hereof, such reference shall extend and apply to the section referred to as subsequently amended, revised, recodified, or renumbered unless the subject matter is changed or materially altered by the amendment or revision.
§ 1-1-9  REFERENCE TO OFFICES.
   Reference to a public office or officer shall be deemed to apply to any office, officer, or employee of this city exercising the powers, duties, or functions contemplated in the provision, irrespective of any transfer of functions or change in the official title of the functionary.
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-10  ERRORS AND OMISSIONS.
   If a manifest error is discovered, consisting of the misspelling of any words; the omission of any word or words necessary to express the intention of the provisions affected; the use of a word or words to which no meaning can be attached; or the use of a word or words when another word or words was clearly intended to express such intent, such spelling shall be corrected and such word or words supplied, omitted, or substituted as will conform with the manifest intention, and the provisions shall have the same effect as though the correct words were contained in the text as originally published.  No alteration shall be made or permitted if any question exists regarding the nature or extent of such error.
§ 1-1-11  OFFICIAL TIME.
   The official time, as established by applicable state/federal laws, shall be the official time within this municipality for the transaction of all municipal business.
§ 1-1-12  REASONABLE TIME.
   (A)   In all cases where an ordinance requires an act to be done in a reasonable time or requires reasonable notice to be given, reasonable time or notice shall be deemed to mean the time which is necessary for a prompt performance of such act or the giving of such notice.
   (B)   The time within which an act is to be done, as herein provided, shall be computed by excluding the first day and including the last.  If the last day be a Saturday, Sunday, or legal holiday, it shall be excluded.  However, when the period of time prescribed or allowed in less than seven days, the first and last day shall be included.  Intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
§ 1-1-13  ORDINANCES REPEALED.
   This code, from and after its effective date, shall contain all of the provisions of a general nature pertaining to the subjects herein enumerated and embraced.  All prior ordinances pertaining to the subjects treated by this code shall be deemed repealed from and after the effective date of this code.
§ 1-1-14  ORDINANCES UNAFFECTED.
   All ordinances of a temporary or special nature and all other ordinances pertaining to subjects not embraced in this code shall remain in full force and effect unless herein repealed expressly or by necessary implication.
§ 1-1-15  EFFECTIVE DATE OF ORDINANCES.
   All ordinances passed by the City Commission shall take effect as provided in F.S. § 166.041, unless otherwise expressly provided therein. 
(Am. Ord. 2950, passed 3-7-17)
Statutory reference:
   Minimum mandatory procedure for adoption of ordinances, see F.S. § 166.041
§ 1-1-16  REPEAL OR MODIFICATION OF ORDINANCE.
   (A)   Whenever any ordinance or part of an ordinance shall be repealed or modified by a subsequent ordinance, the ordinance or part of an ordinance thus repealed or modified shall continue in force until the effective date of the ordinance repealing or modifying it.
   (B)   No suit, proceedings, right, fine, forfeiture, or penalty instituted, created, given, secured, or accrued under any ordinance previous to its repeal shall in any way be affected, released, or discharged, but may be prosecuted, enjoyed, and recovered as fully as if the ordinance had continued in force unless it is otherwise expressly provided.
   (C)   When any ordinance repealing a former ordinance, clause, or provision shall be itself repealed, the repeal shall not be construed to revive the former ordinance, clause, or provision, unless it is expressly provided.
§ 1-1-17  ORDINANCES WHICH AMEND OR SUPPLEMENT CODE.
   (A)   If the City Commission shall desire to amend any existing chapter or section of this code, the chapter or section shall be specifically repealed and a new chapter or section, containing the desired amendment, substituted in its place.
   (B)   Amendments to any of the provisions of this code should be made by amending such provisions by specific reference to the section of this code in substantially the following language: “That section     of this Code of Ordinances, City of Kissimmee, Florida, is hereby amended to read as follows:     (Set out new provisions in full)       ”.
   (C)   Any ordinance which is proposed to add to the existing code a new chapter or section shall indicate, with reference to the arrangement of this code, the proper number of such chapter or section.  In addition to such indication thereof as may appear in the text of the proposed ordinance, a caption or title shall be shown in concise form above the ordinance.
   (D)   In the event a new section not heretofore existing in the code is to be added, the following language may be used:  “That the Code of the City of Kissimmee, Florida, is hereby amended by adding a section (or article, chapter or other designation as the case may be), to be numbered     , which reads as follows:    (Set out new provisions in full)  .”  ('76 Code, § 1-4(b))
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-18  SUPPLEMENTATION OF CODE.
   (A)   By contract or by city personnel, supplements to this code shall be repaired and printed whenever authorized or directed by the city commission.  A supplement to the code shall include all substantive permanent and general parts of ordinances passed by the city commission or adopted by initiative and referendum during the period covered by the supplement and all changes made thereby in the code, and shall also include all amendments to the Charter during the period.  The pages of a supplement shall be so numbered that they will fit properly into the code and will, where necessary, replace pages which have become obsolete or partially obsolete, and the new pages shall be so prepared that, when they have been inserted, the code will be current through the date of the adoption of the latest ordinance included in this supplement.
   (B)   In preparing a supplement to this code, all portions of the code which have been repealed shall be excluded from the code by the omission thereof from reprinted pages.
   (C)   When preparing a supplement to this code, the codifier (meaning the person, agency or organization authorized to prepare the supplement) may make formal, nonsustantive changes in ordinances and parts of ordinances included in the supplement, insofar as it is necessary to do so to embody them into a unified code.  For example, the codifier may:
      (1)   Organize the ordinance material into appropriate subdivisions;
      (2)   Provide appropriate catchlines, headings and titles for sections and other subdivisions of the code printed in the supplement, and make changes in such catchlines, headings and titles;
      (3)   Assign appropriate numbers to sections and other subdivisions to be inserted in the code and, where necessary to accommodate new material, change existing section or other subdivision numbers;
      (4)   Change the words “this ordinance” or words of the same meaning to “this chapter,” “this article,” “this division,” and the like, as the case may be, or to “sections     to       ” (inserting section numbers to indicate the sections of the code which embody the substantive sections of the ordinance incorporated into the code); and
      (5)   Make other nonsubstantive changes necessary to preserve the original meaning of ordinance sections inserted into the code; but, in no case, shall the codifier make any change in the meaning or effect of ordinance material included in the supplement or already embodied in the code.
('76 Code, § 1-5)  (Am. Ord. 2950, passed 3-7-17)
§ 1-1-19  ALTERING CODE.
   It shall be unlawful for any person to amend or alter any part or portion of this code or to insert or delete any page or portion thereof, or to alter or tamper with this code in any manner whatsoever which will cause the law of the City of Kissimmee, Florida, to be misrepresented thereby.
('76 Code, § 1-7)
Statutory reference:
   Unlawful alteration of public records, see F.S. § 831.01
§ 1-1-97  CERTAIN ORDINANCES NOT AFFECTED BY THE CODE.
   (A)   Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following when not inconsistent with this Code:
      (1)   Any ordinance promising or guaranteeing the payment of money by the city, or authorizing the issuance of any bonds of the city, or any evidence of the city's indebtedness, or any contract, agreement, lease, deed or other instrument or obligation assumed by the city;
      (2)   Any administrative ordinances;
      (3)   Any right or franchise, permit or other right granted by any ordinance;
      (4)   Any ordinance establishing positions, classifying positions and setting salaries of city officers or employees;
      (5)   Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, repairing or vacating any street, alley or other public way in the city;
      (6)   Any ordinance establishing and prescribing the street grades in the city;
      (7)   Any personnel regulations or policies;
      (8)   Any land use, zoning or rezoning ordinance;
      (9)   Any ordinance annexing territory or excluding territory from the city or redefining the boundaries of the city;
      (10)   Any ordinance adopting the annual budget, any appropriation ordinance or any ordinance levying or imposing taxes;
      (11)   Any ordinance providing for local improvements and assessing taxes therefor;
      (12)   Any ordinance dedicating or accepting any plat or subdivision in the city;
      (13)   Any ordinance establishing the official plat of the city, the zoning map or any amendments thereof not included herein;
      (14)   Any ordinance prescribing traffic and parking regulations, comprehensive plan or zoning ordinances or amendments;
      (15)   Any land development code, land development regulations, comprehensive plan or zoning ordinances or amendments;
      (16)   Any temporary or special ordinance;
      (17)   Any provisions of Laws of Florida, Chapter 65-1775, as amended by special law or otherwise, which have been converted to ordinances by F. S. Ch. 166, and have not been amended by referendum, superseded or repealed;
   (B)   And all such ordinances are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-98  SECTION HISTORIES; REFERENCES.
   (A)   The history notes appearing in parentheses after sections of this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section.
   (B)   References and editor’s notes following certain sections of this Code are inserted as an aid and guide to the reader and are not controlling or meant to have any legal effect.
(Am. Ord. 2950, passed 3-7-17)
§ 1-1-99  GENERAL PENALTY.
   (A)   Whenever in this code or in any ordinance of the city any act is prohibited or is made or declared to be an unlawful, offense, or whenever in such code or ordinance the doing of any act is required and the failure to do any such act is declared to be unlawful, or where no specific penalty is otherwise provided, the violation of any such provision of this code or ordinance shall be punished by a fine not exceeding $500 or imprisonment.  Each day any violation of any provision of this code or of any ordinance shall continue shall constitute a separate offense.
('76 Code, § 1-9)
   (B)   The following list of fines shall be imposed for violation of the provisions contained in this Code, to wit:
      (1)   Junk/debris/abandoned property - $100.
      (2)   Construction permits (failure to obtain) - $100.
      (3)   Mobile home setup permit - $100.
      (4)   Structures within city R.O.W. - $100.
      (5)   Lot grading - $150.
      (6)   Lot mowing (§ 9-3-66) - $150.
      (7)   Signs - $150.
      (8)   Noise (§§ 9-3-50 through 9-3-54) - $50-$500.
      (9)   Vehicle for hire (nonemergency medical transport) (Chapter 5-9) - $250.
      (10)   Commercial vehicles in residential - $150.
      (11)   Occupational license (Chapter 5-1) - $250.
      (12)   City of Kissimmee zoning regulations (§ 14-2) - $250.
      (13)   Excavation or fill of properties - $150.
      (14)   Animals running at large (§ 9-1-3(A)) - $100.
      (15)   Domestic fowl running at large (§ 9-1-3(B)) - $100.
      (16)   Consumption of alcoholic beverages in a restaurant only (Chapter 5-3) - $100.
      (17)   Open burning (§§ 6-1-55 through 6-1-60) - $100.
      (18)   Temporary fence for pools - $50.
      (19)   Failure to obtain electric permit - $100.
      (20)   Secondhand dealers and rentals
         First violation within one year - $50
         Second violation within one year - $100
         Third violation within one year - $250
         All subsequent violations in one year - $500.
      (21)   NFPA 101 Life Safety Code - $200.
      (22)   NFPA Codes/Standards - $150.
      (23)   Standard Fire Prevention Code - $150.
      (24)   Uniform Fire Safety Rules and Regulations - $150.
      (25)   Stop work order (failure to comply) - $200.
      (26)   Violations of the Residential Minimum Maintenance Ordinance (§ 13-1-14) and Commercial Minimum Maintenance Ordinance (§ 13-1-15), not otherwise listed in this section - $100.
      (27)   Parking violations (§ 7-3-1)
         (a)   Parking by disabled permit only (§ 7-3-1) - $250.
         (b)   Parking in access aisles designated for use by persons who have disabled parking permits (§ 7-3-1) - $250.
         (c)   Parking in fire lane (§ 7-3-1) - $50.
         (d)   Blocking fire hydrant (§ 7-3-1) - $50.
         (e)   Parking on yellow or red curb (§ 7-3-1) - $50.
         (f)   Permit parking only (§ 7-3-1) - $ 25.
         (g)   Parking in loading zone (§ 7-3-1) - $25.
         (h)   Parking overtime (limit authorized in zone) (§ 7-3-1) - $25.
         (i)   Parking over line (§ 7-3-1) - $25.
         (j)   Parking prohibited by sign (§ 7-3-1) - $25.
         (k)   Parking on sidewalk (§ 7-3-1) - $25.
         (1)   Parking on crosswalk (§ 7-3-1) - $25.
         (m)   No parking, blocking dumpster (§ 7-3-1) - $25.
         (n)   No parking, blocking driveway (§ 7-3-1) - $25.
         (o)   Improper parking, obstructing traffic (§ 7-3-1) - $ 25.
         (p)   Improper parking, parking with front of vehicle facing driving lane (§ 7-3-1) - $25.
         (q)   Parking violation where penalty amount not specified (§ 7-3-1) - $ 25.
         (r)   Failure to request hearing or pay parking citation within 30 days of the violation (§ 7-3-1) - $25.
   (C)   Code Enforcement Board fines.
      (1)   In accordance with F.S. § 162.09(2)(d) the Code Enforcement Board has the authority to impose the following fines:
         (a)   Fines not to exceed $1,000 per day per violation for a first violation.
         (b)   Fines not to exceed $5,000 per day per violation for a repeat violation of a code or ordinance by a person who has been previously found by the Code Enforcement Board or any other quasi-judicial or judicial process, to have violated or who has admitted to violating the same provision within five years prior to the violation. The violation can occur at any location within the city.
         (c)   Fines not to exceed $15,000 per violation if` the Code Enforcement Board finds the violation to be irreparable or irreversible in nature.
      (2)   The Code Enforcement Board may impose additional fines to cover all costs incurred by the city in enforcing its codes, including clerical and administrative costs. The fine may also include any cost the city incurred to bring the violation in to compliance.
      (3)   In determining the amount of the fine, the Code Enforcement Board shall consider the following factors:
         (a)   The gravity of the violation;
         (b)   Any actions taken by the violator to correct the violation;
         (c)   Any previous violations committed by the violator;
         (d)   Any potential cost to the city to repair the violation and bring it into compliance; and
         (e)   Time and effort made by the Code Enforcement Board and other city staff on the violation.
(Ord. 1887, passed 3-23-93; Am. Ord. 2297, passed 8-17-99; Am. Ord. 2324, passed 1-25-00; Am. Ord. 2394, passed 9-9-01; Am. Ord. 2474, passed 7-8-03; Am. Ord. 2506, passed 3-2-04; Am. Ord. 2614, passed 10-10-06; Am. Ord. 2773, passed 8-17-10; Am. Ord. 2950, passed 3-7-17; Am. Ord. 2953, passed 5-2-17; Am. Ord. 2953, passed 5-2-17; Am. Ord. 3000, passed 2-19-19)