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Home My WebLink About17-017ORDINANCE NO. 17-017 AN ORDINANCE AMENDING ARTICLE VII "HANDBILLS" OF CHAPTER 28 "OFFENSES AND MISCELLANEOUS PROVISIONS OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA THEREBY AMENDING SECTION 28-162 "DEFINITIONS" TO ADD THE DEFINITION OF "HANDBILL" AND "PERSON" AND TO CLARIFY THE DEFINITION OF "BLUE DESIGNATOR AND "RESIDENT"; AMENDING SECTION 28-163 "EXCEPTIONS" TO CLARIFY THAT WRITTEN MATERIALS THAT ARE SUBSCRIBED AND COURIER SERVICES OF WRITTEN MATERIAL ADDRESSED TO THE RESIDENT ARE EXCLUDED FROM THE ORDINANCE; AMENDING SECTION 28-164 "DISTRIBUTION" TO CLARIFY THE PROHIBITION AGAINST DISTRIBUTING HANDBILLS TO RESIDENTIAL PREMISES IF THE RESIDENT DISPLAYS A SIGN STATING "NO HANDBILLS" OR DISPLAYS A BLUE DESIGNATOR INDICATING THE RESIDENT'S DESIRE NOT TO RECEIVE HANDBILLS; AMENDING SECTION 28-165 "DISTRIBUTION OF HANDBILLS ON RESIDENTIAL PREMISES"; AMENDING SECTION 28-166 "ENFORCEMENT" THROUGH THE CODE ENFORCEMENT PROCESS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND FOR TERMINATION AND CODIFICATION. WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Residents of St. Lucie County have complained about the distribution of unwanted handbills on their residential property; and, 2. Unwanted handbills distributed on residential property constitute litter and are unsightly. In addition, such distribution constitutes an invasion of privacy and property rights, and imposes on residents the burden of retrieving and discarding such unwanted matter; and, 3. The continued presence of a handbill on residential property over time, and the accumulation of handbills, are each clear indications to potential burglars, vandals, and others with a criminal intent that the resident is away or that the premises are uninhabited, and increase the possibility of burglary, vandalism, and other criminal activity; and, 4. The County has a substantial interest in preventing crime on residential real property, in reducing litter, and in assisting residents in the protection of their privacy rights and property rights; and, 5. The provisions of this ordinance are intended to balance the rights of the 1 Sttruek thr&uR" passages are deleted. Underlined pasrn--r are added. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 4333485 07/25/2017 08:31:45 AM OR BOOK 4023 PAGE 228 - 232 Doc Type: ORDN RECORDING: $44.00 persons publishing or distributing handbills against the rights of a private property owner to bar by notice pnwanted handbills; and, 6. The adoption of this ordinance is in the best interest of the health, safety and welfare of the citizens of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: Section 28-162— Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Blue designator means a blue reflectors conspicuously posted on both sides of a mailbox post or stand so as to face traffic from both sides of a roadway, or Posted directly on or near any mailbox mounted without any post or stand, such as in an apartment_ building e4: ether structures For apartments and other residential remises where individual mailboxes are not at the street, the blue designator may also consist of one blue reflector placed on the entry door to an individual residential premise. Distribute means to deposit, place, or throw handbills. Handbill means tangible, written or printed material of any description_ and relating to any subject matter, such as, for example, flyers, or envelopes containing written or printed material. Person has the meaning as set forth in Section 1.01, Florida Statutes._ Residential premises means any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Resident means the owner or the occupant lawfully entitled to possession or occupancy of residential premises. Section 28-163 — Exceptions. The provisions of this article shall not apply to: -2- StFwek thFoogh passages are deleted. Underlined passages are added. 1. The distribution of mail by the United States Postal Service, or 2. AnV written or printed material for which a person has subscribed such as for example, newspapers and magazines, or 3. Delivery, by a courier service such as FedEx or UPS, of written or printed material addressed to a resident by the sender. OffirGial A9t-iee5 diStFibuted by wtilit+pr, and Section 28-15164— Distribution. All handbills, as defined in this article, shall be distributed only in accordance with the regulations set forth in this article. Section 28-146 165 — Distribution of Handbills on Residential Premises. It shall be unlawful for any person to distribute any handbill upon any residential premises if the resident of the premises conspicuously displays a sign stating "No Handbills," or displays a blue designator indicating the resident's desire not to receive handbills, or if the resident has otherwise notified such person in writing of the resident's desire not to receive handbills. Section 28-164166 — Enforcement. (a) Any resident of a Fess ential pFemwses who receives a handbill at or upon a residential premises in violation of Section 28-3-66 165 may file written complaint within ten days of the alleged violations with the county code enforcement administrator. The written complaint shall identify the date the ineident violation occurred, the name a description of the handbill, including a copy if possible, and the name of its distributor, if known to the complainant. If the identity of the distributor is unknown to the complainant, the written complaint shall iRelude the name of ide' ntity the publisher of the handbill if possible, and the code enforcement administrator shall undertake a reasonable effort to ascertain the identity „f identify the distributor. (b) The code enforcement administrator, upon receiving the written complaint, shall forward by certified mail, return receipt requested, a copy of the written complaint to the distributor of the handbill along with a written notice that the distributor immediately cease and desist from any further distribution of ##e any handbill on the residential premises of the complainant and on other residential premises that have opted out of receiving handbills as provided in Section 28-165. If the distributor is an employee of the publisher, the code enforcement administrator shall mail the complaint to the publisher. (c) If the distributor of the handbill continues to distribution t#e any residential -3- StrUCk thr94^4 passages are deleted. Underlined passages are added. premises that have opted out of receiving handbills as provided in Section 28-165 e#the ^Y..,.;= after notice to cease and desist, the code enforcement administrator shall initiate enforcement proceedings before the code enforcement board pursuant to Chapter 162, Part 1, Florida Statutes, and sChapter 1, aArticle li, division-2, St. Lucie County Code of Ordinances. (d) In addition to the remedy set out above, the county attorney may institute any appropriate civil action of proceedings in any court to prevent, correct or abate the violation. Nothing herein shall preclude the imposition of other applicable penalties and enforcement procedures pursuant to Florida Statutes, Section 403.413, as amended. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County. 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 C. SEVERABILITY. 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 any person, property or circumstances, such holding shall not affects its applicability to any other person, property or circumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk be and hereby is directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida, 32304. PART E. EFFECTIVE DATE; TERMINATION. This ordinance shall take effect on September 1 2017. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Chris Dzadovsky, Chairman AYE Commissioner Tod Mowery, Vice Chairman AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE -4- Strureg4 passages are deleted. Underlined passages are added. PART I. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code 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 B to I shall not be codified. PASSED AND DULY ADOPTED this 18th day of July 2017. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: e4��,V�z Chairman APPROVED AS TO FORM AND CORRECTNES BY: County A -5- StFur,L thre 4 passages are deleted. Underlined passages are added. RICK SCOTT KEN DETZNER Governor Secretary of State July 21, 2017 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Melissa Upton Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 17-017, which was filed in this office on July 21, 2017. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us