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Home My WebLink About10-002 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT - SAINT LUCIE COUNTY FILE # 3435086 D1/28/2010 at 08:43 AM OR BOOK 3165 PAGE 2565 - 2567 Doc Type: ORDN RECORDING: $27.00 ORDINANCE NO. 10-002 AN ORDINANCE AMENDING CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-4-26 (ENFORCEMENT AND PENALTIES; MANDATORY COURT APPEARANCE) TO PROVIDE FOR A SURCHARGE PURSUANT TO SECTION 828.27(4)(6),. FLORIDA STATUTES (2009) TO FUND THE COST OF TRAINING FOR COUNTY ANIMAL CONTROL OFFICERS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has mode the following determinations: 1. Section 828.27(4)(b), Florida Statutes, provides that a county may impose and collect a surcharge of up to five and 00/100 dollars ($5.00) upon a civil penalty imposed for violation of an ordinance relating to animal control or cruelty to be used for the cost of training animal control officers. 2. Article II (Animal Control), Chapter 1-4 (Animals and Fowl), the Board has adopted ordinances providing for animal control regulations and services including but not limited to response to incidents of animal cruelty within the unincorporated areas of the County. 3. It is in the best interest of the health, safety and welfare of the County's residents to adopt the surcharge permitted under Section 828.27(4)(b), Florida Statutes, in order to provide additional training for the County's animal control officers charged with the enforcement of Article II, Chapter 1-4. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida, as follows: PART A. Article II (Animal Control) of Chapter 1-4 (Animals and Fowl) of the Code of Ordinances of St. Lucie County is amended by amending Section 1-4-26(d) -1- Underlined passages are added. ~a~lcet~g# passages are deleted (Enforcement and penalties; mandatory court appearances) to read as follows: Section 1-4-26 Enforcement and penalties; mandatory court appearances. (d) The commission of a charged infraction at a hearing authorized pursuant to this chapter must be proven by a preponderance of the evidence. Any violation of this article constitutes a civil infraction and may be punishable by a civil penalty not to exceed five hundred dollars ($500.00), or as otherwise provided in this article. Penalties for violation of specific sections of this article shall be established by resolution of the board of county commissioners. If the person who has committed the violation does not contest the citation, a civil penalty of less than the maximum allowed will be assessed. In accordance with Section 828 27(4)(b) Florida Statutes the amount of any civil penalty assessed pursuant to this article shall be increased by five dollars ($5.00) for the purpose of funding the cost of training County animal control officers. Any citation may be contested in county court pursuant to Chapter 86-437, Laws of Florida. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. PART D. APPLICABILITY OF ORDINANCE. This ordinance shall be applicable in the unincorporated area of St. Lucie County. -Z- Underlined passages are added. ~ passages are deleted 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 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 Charles Grande AYE Vice Chairman Doug Coward AYE Commissioner Chris Craft AYE Commissioner Chris Dzadovsky AYE Commissioner Paula A. Lewis 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 i~r relettered' to accomplish such intention; provided, however, that parts B through Mnshall not be~~ dified. . ~ ~ PASSED AND DULY ENACTED this 19 day of January, 2010n' ~a~~` .`a'> BOARD OF C N M~T(,~NE~'~S , ATTEST: ST. LUC LINTY, ti °D~~ ~ ~ ",~2 b'~~ f* .t1 ! F i. ~ :1. p Chair n ~ ~ ~ ,s~ ~ ~ ~ APPROVED AS TO FORM AND x , V ~ ~ ,a,} r~„ u, ~ a'- Co my Attor ey ~t • ~ 4 Underlined ~ass+x~es'~ "e added. S#-sac-{E-#-~ee~~ passages are deleted .._V--_,...~., ar ^ y CHARLIE CRIST Governor January 29, 2010 Honorable Joseph E. Smith Clerk of the Circuit Court St. Lucie County Post Office Drawer 700 Fort Pierce, Florida 34954 FLORIDA DEPARTMENT 0 f STATE STATE LIBRARY AND ARCHIVES OF FLORIDA Attention: Ms. Millie Delgado-Feliciano, Deputy Clerk Dear Mr. Smith: 4 Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your letter dated January 27, 2010 and certified copy of St. Lucie County Ordinance No. 10-002, which was filed in this office on January 29, 2010. Sincerely, ~-~ C~' U~ Liz Cloud Program Administrator LC/srd DIRECTOR'S OFFICE R.A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 850.245.6600 • FAX: 850.245.6735 • TDD: 850.922.4085 • http://dlis.dos.state.fl.us COMMUNITY DEVELOPMENT STATE LIBRARY OF FLORIDA STATE ARCHIVES OF FLORIDA 850.245.6600 • FAX:850.245.6643 850.245.6600 • FAX:850.245.6744 850.245.6700 • FAX:850.488.4894 KURT S. BROWNING Secretary of State LEGISLATIVE LIBRARY SERVICE RECORDS MANAGEMENT SERVICES ADMINISTRATIVE CODE AND WEEKLY 850.488.2812 FAX:850.488.9879 850.245.6750 • FAX:850.245.6795 850.245.6270 • FAX:850.245.6282 qr BEFORE THE BOARD OF COUNTY COMMIS.,IONERS . ST. LUCIE COUNTY,FLORIDA NOTICE OF INTENT NOTICE IS HEREBY GIVEN that the Board of County Commissioners of St. Lucie County, Florida, will consider adopting County Ordinance No. 10-002 which, if adopted, would amend the Code of Ordinances and Compiled Laws to add a surcharge to all animal control ad animal cruelty fines to fund the cost of training for animal control officers at its regular meeting on Tues- day, the 19th day of January, 2010, at 6:00 p.m., or as soon thereafter as the matter may be heard in the St. Lucie County Commission Chambers at the St. Lucie County Administration Build- ing Annex, Third Floor, 2300 Virginia Avenue, Fort Pierce, Florida. The hear- ing may be continued from time to time as may be necessary. Matters affecting i your personal and property rights may Ibe heard and acted upon. All interest- ed persons are invited to attend and be heard. Written comments received in advance of the public hearing will also be heard. The St. Lucie County Board of County Commissioners has the pow- er to review, approve, modify or deny any ordinance within their area of re- sponsibility. If it becomes necessary, a public hearing may be continued to a date certain. Copies of the proposed ordinance may be obtained from the County Attorney's Office, St. Lucie County Administration ? Building Annex, 2300 Virginia Avenue, Fort Pierce, Florida, 34982. Amendments to the Ordinance may be made at the public hearing. If any person decides to appeal any de- cision made with respect to any matter considered at the meetings or hearings ' of any board, committee, commission, agency, council or advisory group, that person will need a record of the pro- ceedings and that, for such purpose, may need to ensure that a verbatim re- cord of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based. Upon the request of any party to the proceedings, individuals testifying during a hearing will be sworn in. Any party to the proceeding will be granted an opportunity to cross- examine any individual testifying dur- ing a hearing upon request. Anyone with a disability requiring ac- commodation to attend this meeting should contact Beth Ryder, Community Services Director, at (772) 462-1777, or T.D.D. (772) 462-1428, at least forty- eight 148)hours prior to the meeting. The title of the proposed ordinance is: ORDINANCE NO. 10-002 AN ORDINANCE AMENDING CHAPTER 1-4 (ANIMALS AND FOWL) OF THE CODE OF ORDINANCES OF ST. LUCIE COUNTY, FLORIDA, BY AMENDING SECTION 1-4-26 (ENFORCEMENT AND PENALTIES; MANDATORY COURT AP- PEARANCE) TO PROVIDE FOR A SUR- CHARGE PURSUANT TO SECTION 828.27(4)(B), FLORIDA STATUTES (2009) TO FUND THE COST OF TRAIN- ING FOR COUNTY ANIMAL CONTROL OFFICERS; PROVIDING FOR CONFLICT- ING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR APPLI- CABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING AN EFFECTIVE DATE; PRO- VIDING FOR ADOPTION; AND PROVID- ING FOR CODIFICATION 1 THIS NOTICE EXECUTED and dated this I 30th day of December,2009. Submitted by: Daniel S. McIntyre County Attorney Publish:December 30,2009 2097100