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HomeMy WebLinkAbout00-15s ORDINANCE NO. 00-15 AN ORDINANCE AMENDING SECTION 1-15-20 (FIREARMS); OF ARTICLE II (REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY COUNTY) OF CHAPTER 1-15 (PARKS AND RECREATION) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES TO PROVIDE ADDITIONAL PROTECTION OF WILDLIFE; AMENDING SECTIONS 1-15-28 - 1-15-30 (RESERVED) OF ARTICLE II (REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY COUNTY) OF CHAPTER 1-15 (PARKS AND RECREATION) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES BY ADDING SECTION 1-15-28 (ACCESS; CLOSURES, AND DEFINITION); BY ADDING SECTION 1-15-29 (USE OF VEHICLES, AIRBOATS, AND AIRCRAFT); AND BY ADDING SECTION 1-15-30 (EQUESTRIAN ACTIVITIES; USE OF SADDLE ANIMALS); FURTHER PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR PENALTIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR �' -n C-4 ADOPTION; AND PROVIDING FOR CODIFICATION GL rr, a- CD WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made c co r-- NO the following determinations: co C-3 rm, r,.3 13 CD -10 1. Section 125.01(1)(c) and (f), Florida Statutes, authorizes the Board to provide and C3 9 maintain county buildings, and provide parks, preserves, playgrounds, recreation areas, L-, libraries, museums, historical commissions, and other recreation and cultural facilities and -a u a c-3 programs. r.-s 4- c+ Struck through passages are deleted. Underlined passages are added. _ 1 M 2. Section 125.01(1)(t) authorizes the Board to adopt ordinances and resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law. 3. The enjoyment, conservation, and protection of the properties and facilities owned or leased by St. Lucie County require the adoption of regulations to govern the use of such areas in accordance with the purposes for which those areas were intended. 4. This Board has determined that it is necessary and in the best interest of the citizens of St. Lucie County, Florida, to amend Section 1-15-20 (Firearms) of Article II (Regulations for Properties and Facilities Owned or Leased by County) of Chapter 1-15 (Parks and Recreation) of the St. Lucie County Code of Ordinances to provide additional protection of wildlife and to provide resource based recreation opportunities; and further to change Sections 1-15-28-1-15-30 (Reserved) to Section 1-15-28 (Access, Closures); Section 1-15- 29 (Use of Vehicles, Airboats, and Aircraft); and Section 1-15-30 (Equestrian Activities; Use of Saddle Animals). NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Chapter 1-15 (Parks and Recreation) of the St. Lucie County Code of Ordinances, is hereby amended as follows: Struck tluough passages are deleted. Underlined passages are added. F] c� m Ln C) • CHAPTER 1-15 PARKS AND RECREATION ARTICLE II. REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY COUNTY* PART A. AMENDMENT OF SECTION 1-15-20. FIREARMS. Section 1-15-20 (Firearms) is hereby amended to read as follows: Section 1-15-20. Firearms. (a,) No person shall carry, use, or possess, firearms of any description, air rifles or pistols, spring guns, bows and arrows, or any other form of weapon which is potentially hostile to wildlife or dangerous to human safety on or in the areas regulated by this article, except when such items are used in a program sponsored, provided, or authorized by a unit of St. Lucie County government. .(b) No person shall harm or cause harm in any way to wildlife, inclusive of all species of mammal, bird, reptile, or amphibian, or harm their nest or burrow on or in the areas regulated by this article, except that park/preserve personnel may be empowered to make such removals and scientists and students of wildlife biology may be given specimen collecting permits by the County Administrator. PART B. AMENDMENT OF SECTIONS 1-15-28 - 1-15-30. RESERVED. Sections 1-15-28-1-15-30 (Reserved) are hereby amended by changing Section 1-15- 28, Section 1-15-29, and Section 1-15-30 to read as follows: erections 1-15-28 - 1-15-30. ReservE-Al. Section 1-15-28. Access; Closures. and Definition. (a) The Term "preserves" as used in this article shall have the indicated meaning: Struck through passages are deleted. Underlined passages are added. 3 M Lz m Preserves: A property that was acquired and is primarily managed for its natural/ecological values. (b) Access to Preserves by the general public is only authorized at designated entry points. Designated entry points for specif is Preserves shall be set forth in the management plans and identified with appropriate posting. (c) Preserves or portions of Preserves shall be closed to public use under the following conditions: (1) When necessary for public safety during wildfires or prescribed burns. (2) When necessary during emergency conditions such as floods, severe weather events, or wildfire danger for public safety and the protection of natural resources. All closures shall require the approval of the appropriate County Department Director and concurrence of the County Administrator. In no event shall such closures exceed thirty (30) days duration without the approval of the Board of County Commissioners. (3) When necessary on a permanent basis to protect natural, historic or archaeological resources. Such closures shall require advance public notice and approval by the Board of County Commissioners. (d) Temporary closures of Preserves or portions of Preserves will be posted at authorized points of entry to the Preserves. Section 1-15-29. Use of Vehicles. Airboats and Aircraft. (a) Vehicular travel within Preserves is limited to designated areas as specified in the management plan. (b) Airboat use within Preserves is limited to designated areas as specified in the management plan. (c) The take off or landing of either motorized or non -motorized conventional or model aircraft such as airplanes, helicopters, ultra lights, gliders, and hang gliders, within Preserves is prohibited unless specified in the management plan. The use of helicopters as part of the management of the site is permitted by management personnel. Struck through passages are deleted. Underlined passages are added. f_:; CD M EM N1 (d) The operation of bicycles on designated hiking trails closed to such use is prohibited. (e) This section shall not apply to authorized law enforcement, emergency or County government vehicles. Section 1-15-30. Equestrian Activities; Use of Saddle Animals. (a) Preserves open to equestrian activities and the use of saddle animals shall be specified in the management plan. (b) Where authorized, the use of horses and other saddle animals shall be permitted on all designated roads, firebreaks and trails within Preserves, unless otherwise specif ied in the Management Plan. (c) The use of horses and other saddle animals on designated hiking trails is prohibited. PART C. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, County ordinances and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART D. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to Struck through passages are deleted. Underlined passages are added. 5 C3 L. 3 M L-1 any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART E. PENALTIES. Pursuant to Section 125.69(1), Florida Statues, violations of this ordinance shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days or both such fine and imprisonment. PART F. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certif ied copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART G. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Secretary of State. PART H. ADOPTION. After motion and second the vote on this ordinance was as follows: Chairman John D. Bruhn AYE Vice Chairman Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Commissioner Cliff Barnes AYE Commissioner Doug Coward AYE Struck tluougli passages are deleted. Underlined passages are added. 6 rn rM CA Ln .0- PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts C through I shall not be codif ied. PASSED AND DULY ENACTED this 191" day of September, 2000. ATTEST: BOARD OF COUNTY COMMISSIONERS .. ST. LUCIE AOU,NTY, FLORIDA BY: DEPUTY Cnn CollN CHAIRMAN VE15 AS TO FORM AND Struck through passages are deleted. Underlined passages are added. 7 _TJ to U1