TEXT OF ORLANDO'S ANTI-FOOD NOT BOMBS ORDINANCE
This is the text of the City of Orlando's proposed anti-Food Not Bombs ordinance (taken from the City's website). We're not mentioned in it, of course, but we're the only group in the area covered by the ordinance that regularly does "large group feedings." This measure, if passed would (attempt to) shut us down. The City's bullshit reasons for the ordinance are highlighted in red; the parts that would affect us are highlighted in blue. More tomorrow.
AN ORDINANCE AMENDING CHAPTER 18A (PARKS AND OUTDOOR PUBLIC ASSEMBLIES) OF THE CODE OF THE CITY OF ORLANDO BY AMENDING SECTION 18A.01 (DEFINITIONS) TO ADD THE TERMS ìLARGE GROUP FEEDING,î AND ìDOWNTOWN COMMUNITY REDEVELOPMENT AREA (CRA),î AND CREATING NEW SECTION 18A.09-2 (LARGE GROUP FEEDING IN PARKS AND RECREATIONAL FACILITIES OWNED OR CONTROLLED BY THE CITY IN THE CRA) ESTABLISHING A PROHIBITION ON LARGE GROUP FEEDING IN PUBLIC PARKS AND FACILITIES IN THE CRA WITHOUT A LARGE GROUP FEEDING PERMIT, AND LIMITING PERMITS TO TWO PER USER PER PARK IN A 12 MONTH PERIOD, AND ESTABLISHING A PROHIBITION FOR FAILING TO DISPLAY THE PERMIT TO A LAW ENFORCEMENT OFFICER ON DEMAND WITH AN AFFIRMATIVE DEFENSE THERETO, AND PROVIDING FOR APPEAL FROM DENIAL OF A LARGE GROUP FEEDING PERMIT, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Orlando encourages use of City owned or controlled parks by City residents in a safe, sanitary, and aesthetically pleasing atmosphere; and
WHEREAS, unregulated large group feeding in public parks in the Downtown Community Redevelopment Area (CRA) has resulted in litter on park grounds and surrounding rights-of-way such as food, containers, and other food wrappings creating hazards to the health and welfare of citizens, and is detrimental to the aesthetic atmosphere of parks; and
WHEREAS, large group feeding in public parks in the CRA require provision of adequate trash receptors and additional park personnel for inspection and clean up of park grounds which would be more manageable by advance notice and regulation of large group feedings through a permit system; and
WHEREAS, the CRA area is experiencing a steady and significant increase in residential and other growth and a corresponding growth in park usage by citizens; and
WHEREAS, excessive use of parks and park facilities in the CRA area for large group feeding by single persons or groups denies that park or facility space for use by other citizens, which placement of reasonable time restrictions on use would resolve; and
WHEREAS, the current parks and park facilities in the CRA, City Commons Plaza, Constitution Green Park, Dr. J. B. Callahan Neighborhood Center, Eola Park, Heritage Square Park, Lake Dot, Mayor Billy Beardall Senior Center and Park at Delaney School, Senator Beth Johnson Park, Southern Gateway and Z. L. Riley park, and future parks established by City Council in the CRA, are most affected by these conditions; and
WHEREAS, the City has provided for and set aside reasonable, ample, alternative land space within the CRA for large group feeding of the homeless by religious and other organizations which land is not covered by or affected by the restrictions of this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA:
SECTION ONE: Section 18A.01, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:
Sec. 18A.01. Definitions.
The following terms, when used in this Chapter shall have the meanings respectively ascribed to them in this section:
* * * *
(23) Large Group Feeding is defined as an event which includes the delivery or service of food to 15 or more people in a City park or recreational facility or on adjacent sidewalks or rights-of-way. Excluded from this definition are activities of City licensed or contracted concessionaires, lessees, or licensees.
(24) Downtown Community Redevelopment Area (CRA) is defined generally as an area within the limits of the City of Orlando, Florida, bounded on the north by Colonial Drive; at its furthermost northern boundary by North Orange Avenue; bounded on the south by Gore Street; bounded on the east by Summerlin Avenue; and bounded on the west by Westmoreland Drive; more specifically defined by Resolution of City Council adopted on February 11, 1980 as documentary #15407 and expanded by Resolution adopted March 29, 1982, in documentary #15407-A, and further expanded by Resolution adopted March 26, 1990 in documentary #15407.
SECTION TWO: Section 18A.09-2, of the Code of the City of Orlando be, and the same is hereby, created to read as follows:
Sec. 18A.09-2. Large Group Feeding in Parks and Recreational Facilities Owned or Controlled by the City in the Downtown Community Redevelopment Area (CRA).
Except for activities of a governmental agency within the scope of its governmental authority, or unless specifically permitted to do so by a permit or approval issued pursuant to this Chapter or by City Council:
(a) It is unlawful to knowingly sponsor, conduct, or participate in the distribution or service of food at a large group feeding at a park or park facility owned or controlled by the City of Orlando within the boundary of the CRA without a Large Group Feeding Permit issued by the park official.
(b) It is unlawful to fail to produce and display the Large Group Feeding Permit during or after the large group feeding to a law enforcement officer upon demand. It is an affirmative defense to this violation if the offender can later produce, to the City Prosecutor or the Court, a Large Group Feeding Permit issued to him/her, or the group, which was valid at the time of the event.
(c) The applicable park official shall issue a Large Group Feeding Permit upon application and payment of the application fee established by the City. Not more than two (2) Large Group Feeding Permits shall be issued to the same person, group, or organization for large group feedings for the same park in the CRA in a twelve (12) consecutive month period.
(d) Any applicant shall have the right to appeal the denial of a Large Group Feeding Permit pursuant to appeal procedure in Sec. 18A.15 with written notice to the Director of Families, Parks and Recreation and with a copy to the City Clerk.
SECTION THREE: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION FOUR: This ordinance shall take effect upon passage.
ADVERTISED: , 2006.
READ FIRST TIME: , 2006.
READ SECOND TIME AND ADOPTED: , 2006.
CITY OF ORLANDO, FLORIDA
Mayor / Pro Tem
ATTEST:
Alana C. Brenner, City Clerk
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Orlando, Florida, only.
, 2006.
City Attorney
Orlando, Florida
AN ORDINANCE AMENDING CHAPTER 18A (PARKS AND OUTDOOR PUBLIC ASSEMBLIES) OF THE CODE OF THE CITY OF ORLANDO BY AMENDING SECTION 18A.01 (DEFINITIONS) TO ADD THE TERMS ìLARGE GROUP FEEDING,î AND ìDOWNTOWN COMMUNITY REDEVELOPMENT AREA (CRA),î AND CREATING NEW SECTION 18A.09-2 (LARGE GROUP FEEDING IN PARKS AND RECREATIONAL FACILITIES OWNED OR CONTROLLED BY THE CITY IN THE CRA) ESTABLISHING A PROHIBITION ON LARGE GROUP FEEDING IN PUBLIC PARKS AND FACILITIES IN THE CRA WITHOUT A LARGE GROUP FEEDING PERMIT, AND LIMITING PERMITS TO TWO PER USER PER PARK IN A 12 MONTH PERIOD, AND ESTABLISHING A PROHIBITION FOR FAILING TO DISPLAY THE PERMIT TO A LAW ENFORCEMENT OFFICER ON DEMAND WITH AN AFFIRMATIVE DEFENSE THERETO, AND PROVIDING FOR APPEAL FROM DENIAL OF A LARGE GROUP FEEDING PERMIT, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City of Orlando encourages use of City owned or controlled parks by City residents in a safe, sanitary, and aesthetically pleasing atmosphere; and
WHEREAS, unregulated large group feeding in public parks in the Downtown Community Redevelopment Area (CRA) has resulted in litter on park grounds and surrounding rights-of-way such as food, containers, and other food wrappings creating hazards to the health and welfare of citizens, and is detrimental to the aesthetic atmosphere of parks; and
WHEREAS, large group feeding in public parks in the CRA require provision of adequate trash receptors and additional park personnel for inspection and clean up of park grounds which would be more manageable by advance notice and regulation of large group feedings through a permit system; and
WHEREAS, the CRA area is experiencing a steady and significant increase in residential and other growth and a corresponding growth in park usage by citizens; and
WHEREAS, excessive use of parks and park facilities in the CRA area for large group feeding by single persons or groups denies that park or facility space for use by other citizens, which placement of reasonable time restrictions on use would resolve; and
WHEREAS, the current parks and park facilities in the CRA, City Commons Plaza, Constitution Green Park, Dr. J. B. Callahan Neighborhood Center, Eola Park, Heritage Square Park, Lake Dot, Mayor Billy Beardall Senior Center and Park at Delaney School, Senator Beth Johnson Park, Southern Gateway and Z. L. Riley park, and future parks established by City Council in the CRA, are most affected by these conditions; and
WHEREAS, the City has provided for and set aside reasonable, ample, alternative land space within the CRA for large group feeding of the homeless by religious and other organizations which land is not covered by or affected by the restrictions of this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ORLANDO, FLORIDA:
SECTION ONE: Section 18A.01, of the Code of the City of Orlando be, and the same is hereby, amended to read as follows:
Sec. 18A.01. Definitions.
The following terms, when used in this Chapter shall have the meanings respectively ascribed to them in this section:
* * * *
(23) Large Group Feeding is defined as an event which includes the delivery or service of food to 15 or more people in a City park or recreational facility or on adjacent sidewalks or rights-of-way. Excluded from this definition are activities of City licensed or contracted concessionaires, lessees, or licensees.
(24) Downtown Community Redevelopment Area (CRA) is defined generally as an area within the limits of the City of Orlando, Florida, bounded on the north by Colonial Drive; at its furthermost northern boundary by North Orange Avenue; bounded on the south by Gore Street; bounded on the east by Summerlin Avenue; and bounded on the west by Westmoreland Drive; more specifically defined by Resolution of City Council adopted on February 11, 1980 as documentary #15407 and expanded by Resolution adopted March 29, 1982, in documentary #15407-A, and further expanded by Resolution adopted March 26, 1990 in documentary #15407.
SECTION TWO: Section 18A.09-2, of the Code of the City of Orlando be, and the same is hereby, created to read as follows:
Sec. 18A.09-2. Large Group Feeding in Parks and Recreational Facilities Owned or Controlled by the City in the Downtown Community Redevelopment Area (CRA).
Except for activities of a governmental agency within the scope of its governmental authority, or unless specifically permitted to do so by a permit or approval issued pursuant to this Chapter or by City Council:
(a) It is unlawful to knowingly sponsor, conduct, or participate in the distribution or service of food at a large group feeding at a park or park facility owned or controlled by the City of Orlando within the boundary of the CRA without a Large Group Feeding Permit issued by the park official.
(b) It is unlawful to fail to produce and display the Large Group Feeding Permit during or after the large group feeding to a law enforcement officer upon demand. It is an affirmative defense to this violation if the offender can later produce, to the City Prosecutor or the Court, a Large Group Feeding Permit issued to him/her, or the group, which was valid at the time of the event.
(c) The applicable park official shall issue a Large Group Feeding Permit upon application and payment of the application fee established by the City. Not more than two (2) Large Group Feeding Permits shall be issued to the same person, group, or organization for large group feedings for the same park in the CRA in a twelve (12) consecutive month period.
(d) Any applicant shall have the right to appeal the denial of a Large Group Feeding Permit pursuant to appeal procedure in Sec. 18A.15 with written notice to the Director of Families, Parks and Recreation and with a copy to the City Clerk.
SECTION THREE: If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion hereto.
SECTION FOUR: This ordinance shall take effect upon passage.
ADVERTISED: , 2006.
READ FIRST TIME: , 2006.
READ SECOND TIME AND ADOPTED: , 2006.
CITY OF ORLANDO, FLORIDA
Mayor / Pro Tem
ATTEST:
Alana C. Brenner, City Clerk
APPROVED AS TO FORM AND LEGALITY
for the use and reliance of the
City of Orlando, Florida, only.
, 2006.
City Attorney
Orlando, Florida