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Home My WebLink About12-015ORDINANCE NO. 12-015 AN ORDINANCE OF THE ST. LUCIE COUNTY BOARD OF COUNTY COMMISSIONERS PERTAINING TO REFUELING ASSISTANCE FOR PERSONS WITH DISABILITIES; CREATING SECTION IX OF CHAPTER 1-2 ADMINISTRATION OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA; PROVIDING ATITLE; PROVIDING FOR DEFINITIONS; PROVIDING FOR ACCESSIBILITY, PROHIBITED CONDUCT, ENFORCEMENT, AND PENALTIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR APPLICABILITY; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION. WHEREAS, Subsection 526.141(5)(a), Florida Statutes, as amended from time to time, requires gasoline stations that offer self-service to require an attendant employed by the station to dispense gasoline to persons with disabilities; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, ("Board") desires to create the "Refueling Assistance for Persons with Disabilities Ordinance" in the St. Lucie County Code of Ordinances in order to provide assistance to persons with disabilities in refueling their vehicles; and WHEREAS, the Board finds that implementation ofthis Ordinance as set forth herein will promote, protect, and improve the health, safety, and welfare of the people of unincorporated St. Lucie County, Florida. Florida: NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, PART A. CHAPTER 1-12 ADMINISTRATION of the Code of Ordinances of St. Lucie County, Florida is amended to add Article IX Refueling Assistance for Persons with Disabilities as follows: ARTICLE IX. REFUELING ASSISTANCE FOR PERSONS WITH DISABILITIES. Section 1-2.103 Definitions For the purposes ofthis Section, the following; shall apply: ll Complainantshall meananyindividualwhowitnessesorwhoissubjectedtoconductwhich violates this Ordinance and who files a written complaint with the Division stating the information required by this Ordinance. ll Director shall mean the Planning; and Development Services Director, or the Director's desi>;nee. -1- SHnekthevuglr passages arc deletions. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 3737834 08/20/2012 at 10:59 AM OR BOOK 3422 PAGE 2897 - 2901 Doc Type: ORDN RECORDING: 544.00 j~ Division shall mean the St. Lucie County Code Division. ll Gasoline DispensingArea shall mean the area where the pumps used to dispense flammable and combustible liquids used as motor fuels are located. f~ Gasoline Station Retailer shall mean: u Anv full-service easoline station located in unincorporated St. Lucie Countv; or j~ Anv self-service easoline station located in unincorporated St. Lucie Countv that has two (21 or more attendants on duty at anv eiven time durine the hours the station is open for business to the public. f~ Person(s) with Disability(ies) shall mean anv natural person who: j~ Has been issued and is operatine anv motor vehicle properly displayine an exemption parkine permit as provided in Section 316.1958. or Section 320.0848, or a license plate issued pursuant to Section 320.084, Section 320.0842. Section 320.0843, or Section 320.0845. Florida Statutes. or f~ Is operatine anv motor vehicle with specialized equipment, such as ramps, lifts, or foot or hand controls, for use by a person who has a disability or whose vehicle is displayine the Florida Toll Exemption permit. jgl Self-service Gasoline Station shall mean that portion of property where flammable and combustible liauids used as motor fuels are stored and subsequently dispensed from fixed, approved dispensine equipment into the fuel tanks of motor vehicles by persons other than the service station attendant. Section 1-2-105 Accessibility requirements. ll Attendants at all Gasoline Station Retailers shall at all times be able to communicate with persons in the Gasoline Dispensine Area via telephone, as well as anv additional means of electronic communication with the attendant such as, but not limited to, an intercom. j~ Gasoline Station Retailers shall require an attendant to provide refueline assistance to Persons with Disabilities as defined in this Ordinance when such service is requested. j~. Gasoline Station Retailers shall prominently display a sien, decal, orsticker, no smallerthan fifteen (15) square inches, on the front of all easoline pumps clearly statine the telephone number of that Gasoline Station Retailer, aswell asthe existence ofany additional means of electronic communication with the attendant such as, but not limited to, an intercom, the international symbol of accessibility ("ISA"),and wordine such as "Call for Assistance" or "Assistance Available upon Request." The sien, decal, orsticker must also be on a blue backeround. The telephone number and all other means of electronic communication indicated on the sien, decal, or sticker shall be operational and answered directly by an attendant on duty durine the hours the Gasoline Station Retailer is open for business to the public. Underlined passages are additions. -2- 5treuklhevugh passages are deletions. f d~ In the event that assistance is requested Burins times when a second attendant is not present at aSelf-service Gasoline Station, the Gasoline Station Retailer is not required to provide the requested assistance. In such instances. the attendant on duty shall inform the person who requested assistance that the attendant is not able to provide such assistance because there is only one (1) attendant on duty. Section 1-2-105 Prohibited conduct. It shall be a violation of this Article for a Gasoline Station Retailer to: f~ Fail or refuse to prominently display a Bien, decal, or sticker, on the front of all easoline pumps, which meets the requirements of this Ordinance; or ll Fail to ensure that the telephone number, intercom, or other means of electronic communication with the attendant indicated on the lien, decal, or sticker is operational and answered by an attendant on duty Burins the hours the Gasoline Station Retailer is open for business to the public; or f~ Fail to provide refueline assistance to a Person with Disabilities when such assistance is requested and when more than one (1) attendant is on duty. Section 1-2-106. Filine of Complaints. j~ Any person who witnesses, or who is subjected to, conduct that violates this Ordinance may file a written complaint with the Division. j~ The complaint must be in writine and shall contain the followine information: violation; and j~ Name and address of the Gasoline Station Retailer alleeed to have committed the ll Date of alleeed violation; and f~ General statement of the facts of the alleged violation; and ~ Such other information required by the Division. Section 1-2-107 Enforcement and penalties. It shall be the duty of the Division to enforce this Ordinance. PART B. SEVERABILITY. If any portion of this Ordinance is for any reason held or declared to be unconstitutional, inoperative orvoid, such holding shall not affect the remaining portions of this Ordinance. Ifthis Ordinance Underlined passages are additions. -3- 5lroeklhreergh passages are deletions. or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART C. APPLICABILITY This Ordinance shall be applicable in the unincorporated area of St. Lucie County. PART D. 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 extend of such conflict. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This Ordinance shall become effective December 1, 2012. PART G. ADOPTION. After motion and second, the vote on this Ordinance was as follows: Chairman Chris Dzadovsky AYE Vice Chair Tod Mowery AYE Commissioner Paula A. Lewis AYE Commissioner Frannie Hutchinson AYE Commissioner Chris Craft AYE PART H. CODIFICATION. Provisions of this Ordinance shall be incorporated in the St. Lucie County Code and Compiled Laws 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 through H shall not be codified. PASSED AND DULY ADOPTED this ~ day of 2012. Underlined Dassages are additions. -4- iMxklhreeigir passages are deletions. ATTEST• De Clerk BOARD OF COUNTY COMMISSIONERS ST. LUCIE COU TY, L A BY: "'' airman APPROVED AS TO FORM AND CORRECTNESS: BY: /~ ASS~~ County Attorney Underlined passages are additions. -5 Seroekehreeig~M passages arc deletions. ~' FLORIDA DEPARTMENT 0 STATE RICK SCOTT Governor August 22, 2012 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Kelly Phelan, Executive Recording Secretary Dear Mr. Smith: KEN DETZNER Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated August 17, 2012 and certified copy of St. Lucie County Ordinance No. 12-015, which was filed in this office on August 22, 2012. Sincerely, Liz Cloud Program Administrator LC/elr R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 • Facsimile: (850) 488-9879 www.dos.state.fl.us