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Home My WebLink About11-004 ~O'!~N~ n~mDO ~o~~m ORDINANCE NO. 11-004 ° ° ~ ~ _ zwrnc (fka Ordinance No. 10-030 and Ordinance No. 07-012) ~"m ~,,~omcn N~oc~3 u,D'~'O=1 mo~~ AN ORDINANCE AMENDING ARTICLE II (STOPPING, STANDING AND ~ PARKING) OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF m ~ z ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY ALLOWING N N o VEHICLES LEFT ON THE PUBLIC RIGHT-OF-WAY OF ANY PUBLIC g~ _ ROAD IN THE UNINCORPORATED AREAS OF THE COUNTY FOR ~ ~ FORTY-EIGHT (48) HOURS TO BE TOWED; BY ADDING STORAGE ~ o ~ FEES FOR TRESPASS TOWING OF VEHICLES; PROVIDING FOR Z 1 CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND ~ APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT ~ OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida (the "Board), has made the following determinations: 1. Section 125.01(1j(m) and Section 316.008, Florida Statutes, authorizes the Board to regulate and prohibit parking. 2. Section 715.07 Florida Statutes permits the Board to enact additional regulations, including the right to regulate rates when vehicles or vessels are towed from private property. 3. It is in the best interest of the health, safety, and public welfare of the citizens of St. Lucie County to consider any vehicles left over forty-eight (48) hours to be abandoned and towed. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-20-16 OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY. Section 1-20-16 of Chapter 1-20 of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to read as follows: Section 1-20-16. , • Removal of Vehicles , • , , , ~tigMt passages are deleted. ' 1' Underlined passages are added. 111 ~ ~ ' fbjf~ Anymotorvehicle sect'rcrtthat is discarded, left or abandoned on any public road right-of-way underthe iurisdiction of the Countv in the unincorporated area of the Ceounty may be removed or caused to be removed bythe Saint Lucie County Sheriff's Office after posting a notice on such vehicle advising that if such vehicle is not removed by the owner within forty- eight (48) hours, it will be removed or caused to be removed by the sheriff's d~p~artment office; provided, however, that, this paragraph shall in no way limit the sheriff or any other law enforcement agency's authority to remove vehicles from the paved or main traveled part of any highway under the provisions of F.S. §316.194. j~ A law enforcement officer or code enforcement officer, may issue a citation and cause to be immediatelv removed at the owner's expense, any motor vehicle found in violation of Section 316.1951 F.S. (Parking for Certain Purposes Prohibited) except as provided in Section 316 1951 F.S. as mav be amended. The owner shall be assessed a penaltv as provided in Section 318 18(21) F.S. as mav be amended bv the government agencv or authoritv that orders removal of the motor vehicle. A motor vehicle removed under this section shall not be released from an impound or towing and storage facilitv before a release form prescribed by the Department of Highway Safety and Motor Vehicles has been completed verifyin~ that the fine has been paid to the government a~ency or authority that ordered immediate removal of the motor vehicle. However the owner mav pay towing and storage charges to the towin~ and stora~e facilitv pursuant to Section 713.78 F.S. before payment of the fine or before the release form has been completed. Section 1-20-16.3(b)10. Fees (10) The maximum fee which may be charged on trespass towing of the vehicle/vessel as follows: CLASS A CLASS B CLASS C REGULAR WRECKER SERVICE $125.00 $165.00 $300.00 Administrative Fee $ 35.00 Gate Fee (per day) $ 35.00 8:00 pm to 8:00 am Outside Stora~e 25.00 per day Inside Stora~e 30.00 per dav Note* The Fee Schedule shown in this table is subject to annual revision based upon the provisions in 1-20-16.4. 3*rne~#~rengh passages are deleted. 'Z' Underlined passages are added. PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted priortoJanuary 1,1969, Countyordinances and resolutions, or partsthereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. 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 any person, property, or circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. 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 E. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadvosky AYE Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE PART G. 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 B through G shall not be codified. ~eugh passages are deleted. '3' Underlined passages are added. PASSED AND DULY ADOPTED this 1ST day of February, 2011. ,p.~:'k - . S .SN' ~ . BOARD C UNTYC MlSSi~NERS ~~i r~,r ATTEST: ST. L IE NTY, IDA ~.4 ~ ~ , a. ; 7 ~ ~ - r : . ~ ~ . ~ - 4,~„ / / ~ ~ , . _ 'J : . . Deputy Clerk ~ Chair ~ ~~~~~~~~~~r~ ^ ~ _ ~ ~ - ~ ~ ' t APPROVED S TO FORM D _ ~r , ~ ~ BY: ~ Y Co nty Attor y :~a A , , '""}y ~ ti y ` j r k.tr ~ t 'r~ ~ ~~x~. i ~~-k~:~:r. .~'i, J' ~?r~...g, i'ta`~ ~#rnek-~waugk passages are deleted. '4- Underlined passages ure udded. RICK SCOTT Governor February 10, 2011 Honorable Joseph E, Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Ave Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: KURT S. BROWNING Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter Febn.iary 7, 2011 and certified copies of St. Lucie County Ordinance Nos. 11-004 and 11-005, which were filed in this office on February 9, 2011. Sincerely, C' Q.~ Liz Cloud Program Administrator LC/vm DIRECTOR'S OFFICE R.A. 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