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Home My WebLink About11-029ORDINANCE NO. 11-029 AN ORDINANCE AMENDING SECTION 1-20-2 (HUNTING FROM COUNTY ROADS RESTRICTED) OF ARTICLE I (IN GENERAL) OF CHAPTER 1-20 (TRAFFIC) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES DELETING REGULATION OF FIREARMS DUE TO PREEMPTION BY THE STATE OF FLORIDA; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR PENALTIES; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners ofSt. Lucie County, Florida, has made the following determinations: 1. Section 790.33, Florida Statutes, provides, with some limited exceptions, that exclusive jurisdiction over the regulation of firearms in Florida, including the possession and transportation of firearms, is vested exclusively in the State of Florida and that any local ordinances to the contrary shall be null and void. 2. Section 790.06, Florida Statutes, authorizes the State of Florida to issue licenses to persons to carry concealed weapons or firearms in most areas of the state, including county parks and recreational areas. Section 1-20-2, St. Lucie County Code of Ordinances, provides that no person shall use any firearms for hunting from County roads. 4. Section 1-20-2, St. Lucie County Code of Ordinances, appears to be in conflict with Section 790.06, Florida Statutes. Florida: NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Chapter 1-20 (Traffic) of the St. Lucie County Code of Ordinances, is hereby amended as follows: CHAPTER 1-20 TRAFFIC ARTICLE II. IN GENERAL PART A. AMENDMENT OF SECTION 1-20-2. HUNTING FROM COUNTY ROADS RESTRICTED. Section 1-20-2 (Hunting from County Roads Restricted) is hereby amended to read as follows: Section 1-20-2. Hunting from county roads restricted. JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY _ FILE # 3642759 11!01/2011 ai 03:22 PM underlined passages are added. _ 1 OR BOOK 3335 PAGE 2806 - 2808 Doc Type: ORDN RECORDING: $27.00 It shall be unlawful during the period of thirty (30) minutes after sunset to thirty (30) minutes before sunrise for any person on or from any public highway, street or road or on or from the right-of-way thereof in the unincorporated area of the county to take or attempt to take any animal, fowl or reptile by the use ofany €i~e~atrrt, bow and arrow, net, rope, dog or trap and shall include the shining of a spotlight or flashlight greaterthan three (3) cell forthe purpose of disclosing the presence ofany animal, fowl or reptile, or to facilitate the taking ofany animal, fowl or reptile; except that, frogs, raccoons and opossum may be hunted at night in accordance with the state game and fresh water fish commission regulations. PART B. REPEAL OF LAWS IN CONFLICT All local laws and ordinances in conflict with any provisions of this Ordinance are hereby repealed to the extent of such conflict. 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 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, orvoid, such holding shall not affect the remaining portions ofthis 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 E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy ofthis ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. EFFECTIVE DATE. This ordinance shall take effect upon filing with the Department of State. PART G. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft AYE Vice Chairman Chris Dzadvosky NAY Commissioner Tod Mowery AYE Commissioner Frannie Hutchinson AYE Commissioner Paula A. Lewis AYE Underlined passages are added. _2- ~h passages are deleted. 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. PASSED AND DULY ADOPTED this ~~ day of October 2011 `~ ~~ ~~~~ G ~~ », LINTY C M 5 . NTY, ORI _ ~ ~~~~ ~ .. <.. ~ ~ ~, . T FOR N ~.~ r ~~~~ '' my Atto Underlined passages are added. ~3~ 5lroekt}lreneh passages are deleted. FLORIDA DEPARTMENT O~5TATE RICK SCOTT Governor DIVISION OF LIBRARY AND INFORMATION SERVICES KURT 5. BROWNING Secretary of State October 27, 2011 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated October 25, 2011 and certified copy of St. Lucie County Ordinance No. 11-029, which was filed in this office on October 27, 2011. Sincerely, j C~~ Liz Cloud Program Administrator LC/srd -- ..w- ~~ cn ~"~ '-.; '~y i M "F' " i +wwr I'~. .`"~ _/ R. A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399- 0250 ~ Telephone: 850.245.6600 Facsimile: 850.245.6282 http://info.florida.gov VIVA FLORIO~ 5OO_ Commemorating 500 years of FZorida history www.fla500.com VIVA FIORIOQ 5OO_