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Home My WebLink About10-001 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY ? FILE # 3435024 01/27/2010 at 04:16 PM OR BOOK 3165 PAGE 2320 - 2323 Doc Type: ORDN RECORDING: $35.50 ORDINANCE NO. 10-001 (Formerly Ordinance No. 09-27) AN ORDINANCE AMENDING SECTION 1-15, ARTICLE II OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-15-25 TO PROVIDE FOR DOGS ON WILDCAT COVE UNDER SPECIFIED CONDITIONS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; ADOPTION; AND CODIFICATION WHEREAS, on November 9, 1982, the St. Lucie County Board of County Commissioners adopted Ordinance No. 82-10, which created Section 1-5-25(a) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, adopted November 9, 1982, prohibiting dogs and other animals on the beach. WHEREAS, on March 8, 1988, the Board adopted Ordinance No. 88-14 which amended Section 1-15-25to permit horseback riding on the beach. WHEREAS, on August 18, 2003, the Board adopted Ordinance No. 03-28 to further amend Section 1-5-25 to permit dogs on Walton Rocks Beach. WHEREAS, in order to provide a designated public area for dogs on North Hutchinson Island, the Board has determined it is appropriate to further amend Section 1- 5-25 to permit dogs on Wild Cat Cove subject to certain conditions. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF SECTION 1-15-25 (BEACHES), ARTICLE II (PARKS AND RECREATION) OF THE ST. LUCIE COUNTY CODE OF ORDINANCES AND COMPILED LAWS Section 1-15-25 (Beach), Article II (Parks and Recreation) of the Code of Ordinances and Compiled Laws of St. Lucie County, Florida, is hereby amended to read as follows: ~#~te4F#~+~eagi+ passages are deleted. Underlined passages are added. -1- ~ ~ Sec. 1-15-25. Beaches. (a) No dog or other animal will be permitted on the beach areas regulated by this article except as set out below: 1. Authorized law enforcement dogs being used for emergency purposes and patrol. 2. Horses engaged in horseback riding activities if authorized by permit from the Parks and Recreation Director of St. Lucie County and subject to Section 1-7.6- 55(2)setting forth further restrictions during turtle nesting season (May 1 -October 31). 3. A maximum of three (3) dogs per person may be permitted on Walton Rocks Beach and Wild Cat Cove, including designated parking areas, ~wev+~e~ subject to the following (a) Any person having a dog on +"gin Walton Rocks Beach or Wild Cat Cove must keep the dog under control. If the dog annoys or bothers other people, dogs or animals, the dog must be fastened to a suitable leash of dependable strength not to exceed eight (8) feet in length and leash must be held or controlled. (b) Any person having a dog on Walton Rocks Beach or Wild Cat Cove must carry with and on such person, suitable materials and utensils with which to remove any fecal matter deposited by such dog and must remove any fecal matter immediately upon its deposit by the dog under the person's supervision and control and either take home or dispose of in the proper receptacles provided by the County (c) Each such dog must have affixed to its collar a current rabies inoculation tag evidencing the dog has been properly inoculated against rabies ~e ea+= in accordance with the provisions of Section 828.40, Florida Statutes. PART B. 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. S#r~c-4Ft-kweagkr passages are deleted. Underlined pnssnges nre added. -2- i ~ ~ d 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 certif ied 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 on February 1, 2010. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Charles Grande Aye Vice Chair Doug Coward Aye Commissioner Chris Craft Aye Commissioner Chris Dzadovsky 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. PASSED AND DULY ADOPTED this 19t" day of January, 2010. ~eagkr pnssages are deleted. Underlined passnges nre added. -3- , BOARD OF COUNTY COMM~~IONERS ~ ATTEST: ST. LUCIE COUNTY, ~LQR~DA ` ~:'~'w. ; ~ . f _ .~'G Deputy CI~r~C'y C rman , ~ Y _ 'fi'x S' 4~ ' ; APPROVED AS TO FORM AND ~ CORRECTNESS: °'~~..~~.Y ~~County Attorney 5:\atty\ordnance\2010\10-Ol.doc ««-••~gkt passages are deleted. Underlined pnssnges nre added. -4- CHARLIE CRIST Governor January 26, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: KURT S. BROWNING Secretary of State m Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 22, 2010 and certified copy of St. Lucie County Ordinance No. 10-001, which was filed in this office on January 25, 2010. Sincerely, t Liz Cloud Progra::i Administrator LC/srd DIItECTOR'S OFFICE R.A. 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