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Home My WebLink AboutSupplement No. 55: 02-2000 SUPPLEMENT NO. 55 February 2000 CODE County of ST. LUCIE, FLORIDA Looseleaf Supplement This Supplement contains all ordinances deemed advisable to be included at this time through: Ordinance No. 99-029, enacted November 23, 1999. See the Code Disposition Table for further information. Remove old pages Insert new pages ix-xiv Checklist of up-to-date pages 57, 58 83-90 167, 168 285, 286 293 319-322 739-742 1095-1097 2444.1-2446 3752.1-3752.3 3829-3832 3849-3852 3854.1, 38542 3857-3860 3862.1-3864 3871, 3872 3875-3878 3891-3893 ix-xiv Checklist of up-to-date pages (following Table of Contents) 57-58.1 83-92 167, 168 169-170.4 285, 286 293-295 319-322 739-749 1095-1098 2445-2446.1 3752.1-3752.4 3829-3832 3849-3852 3854.1, 3854.2 3857-3860.1 3863-3864.1 3871-3872.1 3875-3878.2 3891-3893 Insert and maintain this instruction sheet in front of this publication. File removed pages for reference. MUNICIPAL CODE CORPORATION Post Office Box 2235 1700 Capital Circle, S.W. Tallahassee, FL 32316 (850) 576-3171 1-800-262-CODE Website: www.municode.com TABLE OF CONTENTS Page Officials of County . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iii Preface ..................................................... v Adopting Ordinance ......................................... vii Checklist of Up-to-Date Pages . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . [1] PART I CODE OF ORDINANCES Chapter 1-1 General Provisions ..................................... 1 1-2 Administration ......................................... 55 Art. I. In General ................................... 55 Art. II. Officers and Employees . . . . . . . . . . . . . . . . . . . . . . 57 Art. III. Code Enforcement Board . . . . . . . . . . . . . . . . . . . . 59 Art. IV. Purchasing ................................. 64 Div. l. Generally ............................... 64 Div. 2. Competitive Purchase Bidding . . . . . . . . . . . . Div. 3. Design-Build Contracts ................... 65 65 Art. V. Lobbyist Registration and Reporting . . . . . . . . . . 68 1-2.3 Airports and Aircraft .................................. 71 Art. I. In General ................................... 71 Art. II. Regulation of Vehicular ~affic and Parking ... 73 1-2.5 Alarm Systems ....................................... 83 1-3 Alcoholic Beverages ..................................... 107 Art. I. In General ................................... 107 Art. II. Regulation of Open Containers . . . . . . . . . . . . . . . 108 Art. III. Specified Sexual Activities in Commercial Es- tablishments ............................... 109 1-4 Animals and Fowl . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 Art. I. In General ................................... 157 Art. II. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 157 1-4.5 Art .................................................. 169 Art. I. Art in Public Places . . . . . . . . . . . . . . . . . . . . . . . . . . 169 1-5 Boating ................................................ 171 Art. I. Vessel Control and Water Safety . . . . . . . . . . . . . . . 171 1-5.5 Cable Television Franchise Ordinance . . . . . . . . . . . . . . . . . . 181 1-6 Children ............................................... 261 Art. I. In General ................................... 261 Art. II. Parental Neglect ............................ 261 Supp. No. 55 lx ST. LUCIE COUNTY CODE Chapter Page Art. III. Children's Services . . . . . . . . . . . . . . . . . . . . . . . . . 262 1-6.5 Community Development . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 285 Art. I. In General ................................... 285 Art. II. Pine Valley Community Development District . 285 Art. III. Lake Lucie Community Development District. 287 Art. IV. Reserve Community Development District .... 288 Art. V. Educational Facilities Impact Fee . . . . . . . . . . . . . 289 Art. VI. Reserve Community Development District #2 . 293 1-6.8 Contractors ........................................... 297 Art. I. In General ................................... 297 Art. II. Unlicensed Contractors Enforcement Proce- dures ....................................... 297 1-7 Courts ................................................. 313 Art. I. In General ................................... 313 Art. II. Alcohol and Other Drug Abuse ~ust Fund .... 320 Art. III. Reserved ................................... 322 1-7.5 Drainage and Erosion Control . . . . . . . . . . . . . . . . . . . . . . . . . 337 Art. I. In General ................................... 337 Art. II. St. Lucie River . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 337 1-7.6 Environmental Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Art. I. In General ................................... 347 Art. II. Marine Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . 347 Art. III. On-Site Sewage Disposal Systems on Hutchinson Island ..................................... 351 1-7.8 Firearms ............................................. 371 1-8 Fish and Game ......................................... 373 1-8.5 Reserved ............................................. 383 1-9 Garbage,~ash and Refuse .............................. 421 Art. I. In General ................................... 421 Art. II. Abandoned Property, Garbage, ~Yash, Junk and Debris ...................................... 422 Art. III. Garbage and 14~ash Collection . . . . . . . . . . . . . . . 426 Art. IV. Mandatory Disposal . . . . . . . . . . . . . . . . . . . . . . . . . 433 Art. V. Collection of Solid Waste and Recyclable Mate- rials ........................................ 437 Div. 1. Generally . . .... . ........ ... .. .. . .. .. . . . . 437 Div. 2. Mandatory Collection of Solid Waste. ...... 441 Div. 3. Solid Waste Collection Service Agreements . 442 1-10 Health and Sanitation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 465 Art. I. In General ................................... 465 Art. II. Sludge, Septage and Sewage Disposal. ........ 465 Art. III. Sewage Disposal Capacity . . . . . . . . . . . . . . . . . . . 469 Art. IV. St. Lucie County Cross Connection Control Pol- icy ......................................... 470 Supp. No. 55 x TABLE OF CONTENTS Chapt er Page 1-10.5 Housing ............................................. 515 Art. I. In General ................................... 515 Art. II. Housing Finance Authority . . . . . . . . . . . . . . . . . . . 515 Art. III. Fair Housing . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 516 Art. IV. State Housing Initiatives Partnership Program 522 1-11 Library ............................................... 565 Art. I. In General ................................... 565 Art. II. Libraries Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . 567 1-12 Licenses, Permits and Miscellaneous Business Regulations 617 Art. I. In General ................................... 617 Art. II. Occupational License Taxes and Regulations .. 617 1-12.5 Life Support Services ................................ 659 1-13 Reserved .............................................. 689 1-13.3 Motor Carriers ...................................... 697 Art. I. In General ................................... 697 Art. II. Licensure ................................... 697 1-13.5 Municipal Service Ta~ung or Benefit Units . . . . . . . . . . . . . 715 1-13.8 Noise Control ........................................ 729 1-14 Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 739 Art. I. In General ................................... 739 Art. II. Regulation of Distribution of Commercial Hand- bills ........................................ 740 Art. III. Motor Vehicle Title Loans . . . . . . . . . . . . . . . . . . . 742 1-14.5 Officers and Employees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 763 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 763 Art. II. Deferred Compensation Program . . . . . . . . . . . . . 763 1-15 Parks and Recreation .................................. 789 Art. I. In General ................................... 789 Art. II. Regulations for Properties and Facilities Owned or Leased by County ......................... 790 Art. III. Parks Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . . 794 1-16 Planning .............................................. 849 Art. I. In General ................................... 849 Art. II. Comprehensive Plan . . . . . . . . . . . . . . . . . . . . . . . . . 849 Art. III. Historical Commission . . . . . . . . . . . . . . . . . . . . . . 851 Art. IV. Reserved ................................... 854 Art. V. Reserved .................................... 854 1-16.3 Public Buildings ..................................... 857 Art. I. In General ................................... 857 Art. II. Public Buildings Impact Fee . . . . . . . . . . . . . . . . . 857 1-16.5 Railroads ............................................ 879 Supp. No. 55 xl ST. LUCIE COUNTY CODE Chapter Page 1-17 Roads and Bridges ..................................... 903 Art. I. In General ................................... 903 Art. II. Special Improvement Service District . . . . . . . . . 903 Art. III. Roads Impact Fee . . . . . . . . . . . . . . . . . . . . . . . . . . 907 Art. IV. Building and Equipment Moving . . . . . . . . . . . . . 924.8 Art. V. Street and House Naming and Numbering. .... 927 Art. VI. Reserved ................................... 930 1-18 Sheriff ................................................ 957 1-19 Reserved .............................................. 1005 1-19.3 Taxation ............................................ 1035 Art. I. In General ................................... 1035 Art. II. Reserved .................................... 1035 Art. III. Tourist Development Ta~c . . . . . . . . . . . . . . . . . . . . 1035 Art. IV. Local Option Motor Fuel T~ . . . . . . . . . . . . . . . . . 1039 Art. V. Economic Development Ad Valorem T~ Exemp- tions ........................................ 1040 Art. VI. Discretionary Sales Surtax . . . . . . . . . . . . . . . . . . 1045 Art. VII. Ninth Cent Gas Tax . . . . . . . . . . . . . . . . . . . . . . . . 1047 1-19.5 Tourism ............................................. 1049 Art. I. In General ................................... 1049 Art. II. St. Lucie County Tourist Development Council 1049 1-20 Traf~ic ................................................ 1065 Art. I. In General ................................... 1065 Art. II. Stopping, Standing and Parking . . . . . . . . . . . . . . 1069 Div. 1. Generally ............................... 1069 Div. 2. Handicapped, Fire Lanes, Properties Owned or Leased by County, Road Rights-of-Way Owned or Leased by State, Parking Prohib- ited ..................................... 1075 Div. 3. Restrictions on Heavy Vehicles and Equip- ment in Residential Districts . . . . . . . . . . . . . 10782 Art. III. Bicycle Safety .............................. 1082 1-20.5 Water and Sewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1095 Art. I. Regulation of Water and Sewer Utilities ....... 1095 Art. II. Water Shortage Plan . . . . . . . . . . . . . . . . . . . . . . . . 1096 Art. III. Fluoridation of Water Systems . . . . . . . . . . . . . . . 1113 Art. IV. Uniform Water and Sewer Service Policy ..... 1113 1-21 Welfare ............................................... 1127 Appendix A. Reserved ............................................... 1615 B. Reserved ............................................... 1987 Supp. No. 55 xil TABLE OF CONTENTS Chapter Page PART II COMPILED LAWS 2-1 Administration ......................................... 2231 Art. I. In General ................................... 2231 Art. II. County Administrator . . . . . . . . . . . . . . . . . . . . . . . . 2236 Art. III. Officers and Employees . . . . . . . . . . . . . . . . . . . . . 2236 2-2 Advertising ............................................ 2287 2-3 Animals and Fowl ...................................... 2337 Art. I. In General ................................... 2337 Art. II. Dogs ....................................... 2337 Art. III. Animal Control . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2338 2-4 Boats and Waterways ................................... 2389 2-5 Buildings and Building Regulations . . . . . . . . . . . . . . . . . . . . . . 2439 Art. I. Licensing and Examination of Construction Con- tractors ...................................... 2439 Art. II. Reserved .................................... 2459 Art. III. Unsafe Buildings and Structures . . . . . . . . . . . . 2459 2-6 Drainage and Erosion Control ........................... 2501 Art. I. In General ................................... 2501 Art. II. St. Lucie County Erosion District . . . . . . . . . . . . . 2502 2-6.5 Environmental Control ................................ 2535 2-7 Fish and Game ......................................... 2563 2-8 Garbage, Trash and Refuse .............................. 2615 2-9 Health and Sanitation .................................. 2671 Art. I. In General ................................... 2671 Art. II. St. Lucie County Mosquito Control District. ... 2672 2-10 Libraries .............................................. 2735 Art. I. In General . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2735 Art. II. Law ........................................ 2736 2-11 Offenses and Miscellaneous Provisions . . . . . . . . . . . . . . . . . . 2787 2-12 Parks and Recreation .................................. 2837 Art. I. In General ................................... 2837 Art. II. Beach Preservation Act . . . . . . . . . . . . . . . . . . . . . . 2837 2-13 Peddlers and Hawkers ................................. 2895 Art. I. In General ................................... 2895 Art. II. Permits ..................................... 2895 2-14 Planning .............................................. 2947 Art. I. In General ................................... 2947 Art. II. Subdivision Regulations . . . . . . . . . . . . . . . . . . . . . 2947 Art. III. Zoning and Building Regulations . . . . . . . . . . . . 2949 Supp. No. 55 Xlli ST. LUCIE COUNTY CODE Chapter Page 2-15 Reserved .............................................. 3005 2-16 Public Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3063 Art. I. In General ................................... 3063 Art. II. Street Lighting Districts . . . . . . . . . . . . . . . . . . . . . 3063 2-17 Water ................................................ 3119 2-18 Welfare ............................................... 3169 Code Comparative Table-Resolutions . . . . . . . . . . . . . . . . . . . . . . . . 3671 Code Disposition Table-Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . 3723 Statutory Reference Table .................................... 3827 Code Index .................................................. 3849 Supp. No. 55 Xiv Checklist of Up-to-Date Pages (This checklist will be updated with the printing of each Supplement) From our experience in publishing Looseleaf Supplements on a page-for-page substitution basis, it has become evident that through usage and supplementation many pages can be inserted and removed in error. The following listing is included in this Code as a ready guide for the user to determine whether the Code volume properly reflects the latest printing of each page. In the first column all page numbers are listed in sequence. The second column reflects the latest printing of the pages as they should appear in an up-to-date volume. The letters "OC" indicate the pages have not been reprinted in the Supplement Service and appear as published for the original Code. When a page has been reprinted or printed in the Supplement Service, this column reflects the identification number or Supplement Number printed on the bottom of the page. In addition to assisting existing holders of the Code, this list may be used in compiling an up-to-date copy from the original Code and subsequent Supplements. Page No. Supp. No. Page No. Supp. No. Title page OC 83, 84 55 iii OC 85, 86 55 v, vi OC 87, 88 55 vii, viii OC 89, 90 55 ix, x 55 91, 92 55 xi, xii 55 107, 108 32 xiii, xiv 55 109 32 1, 2 OC 111, 112 19 3, 4 OC 113, 114 19 55, 56 31 115 19 57, 58 55 157, 158 41 58.1 55 159, 160 38 59, 60 26 161, 162 38 61, 62 26 163, 164 41 63, 64 26 165, 166 41 64.1 26 167, 168 55 65, 66 51 169, 170 55 67, 68 30 170.1, 170.2 55 69, 70 30 170.3, 170.4 55 71, 72 24 171, 172 52 73, 74 24 173, 174 52 75, 76 26 175, 176 52 77, 78 24 177 52 79, 80 24 181, 182 51 Supp. No. 55 [1] ST. LUCIE COUIYTY CODE Page No. Supp. No. Page No. Supp. No. 183, 184 51 339 20 185, 186 51 347, 348 34 187, 188 51 349, 350 34 189, 190 51 351, 352 34 191, 192 51 353 34 193, 194 51 371 25 195, 196 51 373 9 197, 198 51 383 29 199, 200 51 421, 422 51 201, 202 51 422.1 51 203, 204 51 423, 424 44 205, 206 51 425, 426 44 207, 208 51 427 44 209, 210 51 431, 432 29 211, 212 51 433, 434 32 213, 214 51 435, 436 51 215, 216 51 437, 438 51 217, 218 51 439, 440 51 219 51 441, 442 51 221, 222 49 443 51 223, 224 49 465, 466 44 225 49 467, 468 44 261, 262 29 469, 470 44 263, 264 29 471 44 265, 266 29 515, 516 35 285, 286 55 517, 518 32 287, 288 35 519, 520 32 288.1 33, Rev. 521, 522 35 289, 290 34 523, 524 35 291, 292 46 565, 566 43 293, 294 55 567, 568 43 295 55 569, 570 43 297, 298 39 570.1 43 299, 300 39 571, 572 42 301, 302 39 573, 574 42 303, 304 39 575, 576 42 305 42 577, 578 42 313, 314 53 579, 580 42 315, 316 53 581, 582 42 317, 318 53 617, 618 14 318.1 53 619, 620 42 319, 320 55 620.1 42 321, 322 55 621, 622 14 337, 338 20 622.1 14 Supp. No. 55 [2] CHECKLIST OF l1P-TO-DATE PAGES Page No. Supp. No. Page No. Supp. No. 623, 624 11 801, 802 42 625, 626 OC 803, 804 42 627, 628 26 805, 806 42 629, 630 42 807, 808 42 631, 632 42 809, 810 42 633, 634 42 849, 850 29 635, 636 42 851, 852 52 637 42 853, 854 52 659, 660 43 857, 858 43 661, 662 43 859, 860 43 663, 664 43 861, 862 43 665, 666 43 863, 864 42 667, 668 43 865, 866 42 669, 670 43 867, 868 42 671, 672 43 869, 870 42 689 29 871, 872 42 697, 698 44 873 42 699, 700 44 879 20 701, 702 44 903, 904 29 703, 704 44 905, 906 15 705, 706 44 907, 908 41 707, 708 44 909, 910 49 715, 716 44 911, 912 49 717, 718 49 913, 914 49 719, 720 49 915, 916 53 721, 722 51 916.1 53 723, 724 49 917 42 725, 726 49 919, 920 41 729, 730 19 921, 922 41 731, 732 19 923 41 733, 734 19 924.1, 9242 34 739, 740 55 924.3, 924.4 34 741, 742 55 924.5, 924.6 34 743, 744 55 924.7, 924.8 53 745, 746 55 924.9, 924.10 53 747, 748 55 925, 926 17 749 55 927, 928 17 763, 764 9 929, 930 29 789, 790 42 957, 958 49 791, 792 42 1005 29 793, 794 42 1035, 1036 48 795, 796 42 1036.1 48 797, 798 43 1037, 1038 34 799, 800 42 1039, 1040 54 Supp. No. 55 [3] ST. LUCIE COUNTY CODE Page No. Supp. No. Page No. Supp. No. 1040.1 51 2501, 2502 53 1041, 1042 34 2503, 2504 53 1043, 1044 36 2505, 2506 53 1045, 1046 49 2507, 2508 53 1047 49 2509,2510 53 1049, 1050 47 2511, 2512 53 1065,1066 46 2513,2514 53 1066.1 46 2515 53 1067, 1068 34 2535, 2536 12 1069, 1070 53 2537, 2538 12 1071, 1072 53 2539, 2540 12 1072.1 53 2541, 2542 12 1073,1074 34 2543 12 1075, 1076 34 2563, 2564 OC 1077, 1078 34 2615, 2616 OC 1079, 1080 32 2617, 2618 OC 1081, 1082 46 2619, 2620 OC 1095, 1096 55 2621 OC 1097, 1098 55 2671, 2672 53 1113,1114 30 2673,2674 53 1127 OC 2675, 2676 OC 1615 29 2677, 2678 OC 1987 29 2679, 2680 OC 2231, 2232 OC 2681, 2682 OC 2233, 2234 OC 2683, 2684 53 2235, 2236 10 2685, 2686 53 2237 10 2735,2736 53 2287 OC 2737 53 2337,2338 15 2787 25 2339 15 2837, 2838 OC 2389 OC 2839, 2840 OC 2439, 2440 44 2841, 2842 OC 2441, 2442 44 2843, 2844 OC 2443, 2444 53 2895, 2896 OC 2445, 2446 55 2897 OC 2446.1 55 2947, 2948 OC 2447, 2448 44 2949, 2950 44 2449, 2450 44 2951, 2952 OC 2451, 2452 44 2953, 2954 OC 2453,2454 44 3005 53 2455, 2456 44 3063, 3064 OC 2457, 2458 44 3065, 3066 OC 2459, 2460 44 3067, 3068 OC 2461, 2462 44 3119 OC Supp. No. 55 [4] Page No. 3169, 3170 3671, 3672 3673 3723, 3724 3725, 3726 3727, 3728 3729, 3730 3731, 3732 3733,3734 3735, 3736 3737, 3738 3739, 3740 3741, 3742 3743, 3744 3745, 3746 3747, 3748 3749, 3750 3751, 3752 3752.1, 37522 3752.3, 3752.4 3753, 3754 3755, 3756 3757, 3758 3759, 3760 3761, 3762 3763,3764 3765, 3766 3767, 3768 3769, 3770 3771, 3772 3773, 3774 3775, 3776 3777, 3778 3827, 3828 3829, 3830 3831, 3832 3849, 3850 3851, 3852 3853,3854 3854.1, 38542 3855, 3856 3857, 3858 3859, 3860 3860.1 CHF.CKLIST OF UP-TO-DATE PAGES Supp. No. OC OC 5 OC OC 1 10 14 14 19 18 27 27 29 29 30 35 51 55 55 OC OC OC OC OC OC OC 53 OC 53 53 53 53 53 55 55 55 55 53 55 34 55 55 55 Page No. 3861, 3862 3863, 3864 3864.1 3865, 3866 3867, 3868 3868.1, 38682 3869, 3870 3871, 3872 3872.1 3873, 3874 3875, 3876 3877, 3878 3878.1, 38782 3879, 3880 3881, 3882 3882.1 3883, 3884 3885, 3886 3887, 3888 3889, 3890 3891, 3892 3893 Supp. No. 55 [5] Supp. No. 53 55 55 51 53 53 44 55 55 44 55 55 55 42 53 42 51 44 51 49 55 55 ADMINISTRATION § 1-2-16 Secs. 1-2-3-1-2-15. Reserved. ARTICLE II. OFFICERS AND EMPLOYEES Sec. 1-2-16. Terminal incentive pay for accumulated and unused sick leave. (a) The term °county employees of St. Lucie County" as used in this section shall include all employees of the following: (1) Board of County Commissioners; (2) St. Lucie County Port and Airport Authority; (3) St. Lucie County Erosion District; (4) St. Lucie County Mosquito Control District. (b) All county employees of St. Lucie County shall be entitled to terminal incentive pay for accumulated and unused sick leave to each employee upon normal or regular retirement or termination of employment after ten (10) years creditable county employment, or for other reasons other than disability, and to his beneficiary if service is terminated by death, after ten (10) years of creditable county employment. (c) The employing agency shall maintain accurate and reliable records showing the amount of sick leave which has accumulated and is unused by the employee at the time of his retirement, death or termination. (d) The payment authorized by this section shall be determined by using the rate of pay received by the employee at the time of his retirement, termination or death applied to the sick leave time for which he is qualified to receive terminal "incentive" pay under this section; provided however, terminal pay allowable for unused sick leave shall not exceed a maximum of sixty (60) days. (e) The payments made pursuant to this section shall not be considered in any state administered retirement system as salary payments and shall not be used in determining the average final compensation of an employee in any state administered retirement system. (f) Any employee who is found guilty in a court of competent jurisdiction of committing, aiding or abetting any embezzlement or theft from his employer or bribery in connection with employment, committed prior to retirement or ten (10) year normal creditable termination, whose employment is terminated by reason of his admitted committing, aiding or abetting of an embezzlement or theft from his employer or by reason of bribery for cause, who, prior to ten (10) year normal creditable termination or retirement, is adjudged by a court of competent jurisdiction to have violated any state law against strikes by public employees, or who has been found guilty by a court of competent jurisdiction of violating any state law prohibiting strikes by public employees shall forfeit all rights and benefits under this section. Any employee whose Supp. No. 55 57 § 1-2-16 ST. LUCIE COUNTY CODE employment terminates as a result of an act committed subject to this section or for cause will not be given credit for unused sick leave accumulated prior to termination should he be reemployed at a later date. (Ord. No. 78-2, §§ 1-5, 3-21-78; Ord. No. 78-5, § l, 3-28-78; Ord. No. 88-47, Pt. A, 8-2-88; Ord. No. 92-16, Pt. A, 4-21-92) Sec. 1-2-16.1. Longevity and special recognition awards to county employees. (a) Definition. The term "county employee" as used in this section shall include all employees of the following: (1) Board of County Commissioners. (2) St. Lucie County Mosquito Control District. (3) St. Lucie County Erosion District. (4) Any county constitutional officer who desires to participate in the award program. (b) Expenditures from county funds. The following expenditures are deemed to constitute valid and proper county purposes for which county funds may be used: (1) The purchase and presentation of awards to county employees for longevity of service or outstanding service or achievement in connection with county employment. Such awards may include framed certificates, plaques, pins and other suitable tokens of recognition as determined by the board of county commissioners. (2) Breakfasts, luncheons, or dinners during which such awards shall be presented to the recipient county employees. (3) Breakfasts, luncheons, dinners or special events during which all county employees shall be recognized for their service to the county. (Ord. No. 87-54, Pt. A, 7-28-87; Ord. No. 90-42, Pt. A, 8-21-90; Ord. No. 99-11, Pt. A, 9-7-99) Sec. 1-2-162. Food and non-alcoholic beverage expenses. (a) Expenditures from county funds. The following expenditures are deemed to be in the common interest of the people of St. Lucie County, necessary for the economic welfare of St. Lucie County and constitute a valid and proper county purpose for which county funds may be used: (1) Expenditures, including necessary sales tax and tips not to exceed twenty (20) per cent, for meals and non-alcoholic beverages, of persons in the interest of promoting and engendering goodwill, to publicize, advertise, and promote the activities of the county, to make known the advantages, facilities, resources, projects, attractions and at- tributes of the county, to create a favorable climate of opinion concerning the county, and to cooperate with other agencies, public or private. (b) All requests for food and non-alcoholic beverage expenses pursuant to this section should be approved by the county administrator or designee prior to the expenditure. Under Supp. No. 55 58 ADMINISTRATION § 1-2-17 sufficient extenuating circumstances, as determined by the county administrator, the county administrator or designee, at his or her discretion, may approve food and non-alcoholic beverage expenses after the expense has been paid. (Ord. No. 99-11, Pt. B, 9-7-99) Sec. 1-2-17. Payment of judgments resulting from acts within scope of employment or function. Subject to the monetary limitations set forth in subsection 5 of Section 768.28, Florida Statutes, the county shall pay any monetary judgment which is rendered in a civil action personally against any officer, employee or agent of the county which arises as a result of any ~ Supp. No. 55 58.1 Chapter 1-2.5 ALARM SYSTEMS* Sec. 1-2.5.1. Short title. This chapter shall be known and may be cited as the St. Lucie County Alarm Systems Ordinance. (Ord. No. 87-44, Pt. A, i1-17-87) Sec. 1-2.5-2. Purpose. The purpose of this chapter is to establish standards and regulate the various types of intrusion, holdup, and other emergency signals from alarm users that require police and fire response or investigation. (Ord. No. 87-44, Pt. A, 11-17-87) Sec. 1-2.5-3. De~nitions. Unless it is apparent from the context that another meaning is intended, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. Alarm agent means any person employed by an alarm business whose duties include altering, installing, maintaining, moving, repairing, replacing, selling, servicing, and respond- ing to an alarm system. Alarm business means any business operated by a person for a profit whose duties include altering, installing, maintaining, monitoring, moving, repairing, replacing, selling, servicing, and responding to an alarm system. Alarm dispatch request means a notification to 911 central communications by the alarm business that an alarm, either manual or automatic, has been activated at a particular alarm site. Alar~n site means a single premises or location served by an alarm system or systems. Each tenancy served by a separate alarm system in a multi-tenant building or complex shall be considered a separate alarm site. Alarm system means an assembly of equipment and devices arranged to signal the presence of a hazard requiring urgent attention and to which police or fire are expected to respond. This definition does not include alarm systems on motor vehicles or proprietary systems. If, *Cross references-E911 system, local option fee, § 1-2-2; sheriff, Ch. 1-18. State law reference-Authority to regulate burglar, holdup and fire alarm systems and users, F.S., § 125.01. Supp. No. 55 $3 § 1-2.5-3 ST. LUCIE COUNTY CODE however, an alarm system on a motor vehicle is connected with an alarm system on premises (other than a proprietary system), the system is an alarm as defined in this chapter. This definition also does not include alarm systems that are used only to alert or signal persons located within the premises in which the alarm system is located of an attempted unauthorized intrusion or holdup attempt. If such a system, however, employs an audible signal emitting sounds or a flashing light or beacon designed to signal persons outside the premises, such a system shall be subject to the provisions of this chapter. Alarm user means any person who uses an alarm system at its alarm site or on whose premises an alarm system, as defined in this chapter is maintained within St. Lucie County. Annunciator means the instrumentation on an alarm console at the receiving terminal of a signal line which through both visual and audible signals show when an alarm device at a particular location has been activated or when line trouble is indicated. ANSI stands for the American National Standards Institute. Answering service refers to a telephone answering service providing among its services the service of receiving emergency signals from alarm systems on a continuous basis directed through trained employees, and thereafter ixnmediately relaying the message by live voice to the 911 communications center. Automatic dialing device refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the e~ustence of the emergency situation that the alarm system is designated to detect. Automatic dialing deuice refers to an alarm system which automatically sends over regular telephone lines, by direct connection or otherwise, a prerecorded voice message or coded signal indicating the existence of the emergency situation that the alarm system is designated to detect. Automatic holdup alarm system means an alarm system in which the signal transmission is initiated by the action of the intruder. Burglar alarm system refers to an alarm system signaling an entry or attempted entry into the area protected by the system. Central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. Central station equipment refers to the signal receiving, recording, or transmitting equip- ment installed in the central station. Central station system means a system in which operation of electrical protection circuits and devices are signaled automatically to, recorded in, maintained, and supervised from a central station having trained operators in attendance at all times. Supp. No. 55 84 ALAR,M SYSTEMS § 1-2.5-3 Conuersion means the transaction or process by which one alarm business begins monitor- ing of an alarm system previously monitored by another alarm business. County means St. Lucie County, Florida. Direct connect means an alarm system which has the capability of transmitting system signals to and receiving them at an agency maintained by the local government: for example, a police communication center. Direct line means a telephone line leading directly from a central station to the communi- cation center of 911 and the fire department that is for use only to report emergency signals on a person-to-person basis. Direct lines are not permitted to any law enforcement center. False alarm means the activation of an alarm system through mechanical failure, malfunc- tion, improper installation, or the negligence of the owner or lessee of an alarm system or of his employees or agents that results in dispatch of law enforcement agency or fire district personnel. False alarms do not include: (1) Alarms caused by hurricanes, tornadoes, earthquakes or other violent conditions. (2) Alarms transmitted because of a water main break or similar causes that occur outside of the protected property. (3) Alarms covered by Sections 401.44 and 806.101, Florida Statutes. (4) Alarms transmitted from an occupied residential dwelling unit except where the alarm is activated as a result of the negligence of the owner, lessee or occupant of the occupied residential dwelling unit. False alarm dispatch means an alarm dispatch request to a law enforcement and/or fire department, when the responding ofFicer finds no evidence of a criminal offense or attempted criminal offense or fire after having completed a timely investigation of the alarm site. An alarm dispatch which is canceled by the alarm business or the alarm user prior the time the responding officer reaches the alarm site shall not be considered a false alarm dispatch. Fire al¢rm systems refers to a signal or message from a person or device indicating the existence of a fire or other emergency which requires fire department action and shall mean any device designed for the detection of the products of combustion, or a system which depends on a manual initiation to inform others of the presence of fire, or both, which device when activated, emits a sound or transmits a signal beyond the premises. Fire department means the St. Lucie County Fire District. Fire marshal means the St. Lucie County Fire Marshal, or his designee. Holdup alarm system refers to an alarm system signaling a robbery or attempted robbery. Interconnect means to connect an alarm system to a voice grade telephone line, either directly or through a mechanical device that utilizes a standard telephone, for the purpose of using the telephone line to transmit an emergency message upon the activation of the alarm system. Supp. No. 55 85 § 1-2.5-3 ST. LUCIE COUNTY CODE Law enforcement agency means any governmental agency or subunit thereof providing law enforcement services within St. Lucie County, or any authorized agent thereof. Law enforcement executive means the sheriffand/or police chiefs in St. Lucie County, or their designated representative. Local alarm system refers to a signaling system which when activated causes an audible and/or visual signaling device to be activated in or on the premises within which the system is installed. Manual holdup alarm system refers to an alarm system in which the signal transmission is initiated by the direct action of the person attacked or by an observer of the attack. Modi~ed central station means an office to which remote alarm and supervisory signaling devices are connected, where operators supervise the circuits. Such a modified central station is not listed by Underwriter's Laboratories. Monitoring means the process by which an alarm business receives signals from alarm systems and relays an alarm dispatch request to 911 central communications for the purpose of summoning police response to the alarm site. Occupied residential dwelling unit means an occupied dwelling that is used as a residence by a single housekeeping unit. Person means any person, firm, partnership, association, corporation, company or organi- zation of any kind. Primary trunkline means a telephone line leading directly into the communication center of any law enforcement agency that is for the purpose of handling emergency calls on a person-to-person basis, and which is identified as such by a specific number included among the emergency numbers listed in the telephone directory issued by the telephone company and covering the service area within St. Lucie County. Proprietary system means an alarm system sounding and/or recording alarm and supervi- sory signals at a control center located within the protected premises, the control center being under the supervision of the proprietor of the protected premises. If a proprietary system includes a signal line connected directly or by means of automatic dialing device to a police communication center, a central station, or answering service, the system is an "alarm system" as defined in this chapter. Remote signaling system means an alarm signaling system which when activated by an alarm device transmits a signal from an alarm signaling device to a central location, other than the law enforcement agency, fire district, and/or the 911 center where appropriate action is taken to investigate and respond to the signal. Sheriff ineans the St. Lucie County Sheriff, or his designee. Signal line refers to the transmission line through which the signal passes from one of the elements of the signal transmission to another. Supp. No. 55 86 ALARM SYSTEMS § 1-2.5-5 Special trunkline means a telephone line leading into the communication center of any law enforcement agency and having the primary purpose of handling emergency signals or messages originating either directly or through a central location from automatic dialing devices. Takeouer means the transaction or process by which an alarm user takes over control of an existing alarm system which was previously controlled by another alarm user. Tax collector means the St. Lucie County Tax Collector or her designee. Telephone company means the utility that furnishes telephone services to the citizens of St. Lucie County. UL stands for Underwriters' Laboratories. Verify means an attempt, by the alarm business, or its representative, to contact the alarm site and/or the designated contact person by telephone or other electronic means, whether or not actual contact with a person is made, before requesting a law enforcement and/or fire department dispatch, in an attempt to avoid an unnecessary alarm dispatch request. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 99-10, Pt. A, 8-24-99) Sec. 1-2.5-4. Automatic dialing device-Interconnecting to trunklines. No automatic dialing device shall be interconnected to any primary or special trunkline at any law enforcement agency or fire department in St. Lucie County or the 911 communications center unless under special investigative purposes as authorized by the chief executive of the law enforcement agency, the fire marshal or the 911 director. (Ord. No. 87-44, Pt. A, 11-17-87) Sec. 1-2.5-5. Same-Operating instructions service. (a) Every alarm business selling or leasing to any person an automatic dialing device which is installed on such person's premises in the county after the effective date of this chapter shall furnish that person with instructions that provide adequate information as required by the National Fire Protection Association Standards to enable persons using such device to operate it properly and, if the device is to be serviced or maintained by another alarm business, shall furnish such other alarm business with a manual or other information including a diagram of the final installation necessary to enable it to service or properly maintain such device. (b ) If the law enforcement executive or fire marshal responsible finds such instructions to be incomplete or unclear, or inadequate to explain how the device operates and is constructed, he may require the alarm business to revise the instructions and mail them out by certified letter to provide adequate information, and then to distribute the revised information to persons who have had such devices installed as well as to persons subsequently having such devices installed. (c) Every alarm business selling or leasing to any person an automatic dialing device which is installed on such person's premises in the county after the effective date of this chapter shall Supp. No. 55 87 § 1-2.5-5 ST. LUCIE COUNTY CODE furnish to the person buying or leasing such device written information and training concerning how service may be obtained at any time, including telephone number to call for service. (Ord. No. 87-44, Pt. A, 11-17-87) Sec. 1-2.5-6. Direct connections to law enforcement agencies and/or fire depart- ment. No direct connections shall be permitted in St. Lucie County unless authorized by the chief executive of the law enforcement agency or the fire marshal for the county. (Ord. No. 87-44, Pt. A, 11-17-87) Sec. 1-2.5-7. Equipment operation and maintenance. (a) Each alarm user, at his expense, is required to maintain all components of his alarm system in good working order at all times to insure that the sensory mechanism used in connection with such device is adjusted to suppress false indications of holdups or intrusions or fire or smoke conditions so that the device will not be activated by impulses due to short flashes or light, wind, noises, vehicular noise or other forces unrelated to genuine alarms. (b) No alarm system designed to transmit emergency messages shall be tested or demon- strated without first notifying the central station, 911 central communications and the fire department. (c) Fire alarm systems shall be required to have a maintenance contract for testing and inspections in accordance with the National Fire Protection Association (NFPA) standards: for example, smoke and/or heat detectors, manual pull stations and water flow alarms (sprinkler systems). Copies of the maintenance contract and test results of the fire alarm system shall be forwarded to the fire marshall within thirty (30) days from the date of the test. (d) The alarm user shall make every reasonable effort to respond or cause a representative to respond to the alarm system's location within thirty (30) minutes when notified by law enforcement to deactivate a malfunctioning alarm system, to provide access to the premises, or to provide security for the premises. (e) The alarm user shall maintain the premises and the alarm system in a manner that will minimize or eliminate false alarm dispatches. (f) The alarm user shall not manually activate an alarm system for any reason other than an occurrence of an event that the alarm system was intended to report. (g) An alarm user shall adjust the mechanism or cause the mechanism to be adjusted so that an alarm signal audible on the exterior of an alarm site will sound for no longer than ten (10) minutes after being activated, or fifteen (15) minutes for systems operating under Underwriters Laboratories, Inc. standards 365 or 609. (h) Within fifteen (15) days after the second false alarm dispatch to an alarm site in any one-year period, the alarm user shall have a properly licensed alarm business inspect his Supp. No. 55 $$ ALARM SYSTEMS § 1-2.5-9 alarm system. After the third false alarm dispatch in any one-year period, the alarm user shall have a properly licensed alarm business modify the alarm system to be more false alarm resistant or provide additional user training as appropriate. The alarm user shall provide written documentation to the sheriff or fire marshal, as appropriate, of such inspection, modification, or training within thirty (30) days of the false alarm dispatch which necessitated such service. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 99-10, Pt. B, 8-24-99) Sec. 1-2.5-8. Alarm permit-Required. (a) No person shall install, maintain, or operate an alarm system serving a premises or building, or portion thereof, in the unincorporated areas of the county, unless an alarm permit in the form of a decal has been issued hereunder, and is in force, authorizing the use of such alarm. For any alarm system existing prior to the effective date of this chapter, an alarm permit application shall be made within sixty (60) days of the effective date hereo£ A separate permit is required for each alarm site. (b) Any after-the-fact permit issued to persons who initially failed to obtain permit shall be issued at twice the cost of the permit fee. (c) The alarm permit sticker shall be displayed in a conspicuous location on the main entrance to the building or facility serviced by the alarm. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 99-10, Pt. C, 8-24-99) Sec. 1-2.5-9. Same-Application. (a) Information required. Applications for alarm permits shall be made to the tax collector on forms provided by the t~ collector. The application shall be signed by the alarm user and shall provide the following information: (1) Name, address and telephone number of the alarm user, and, if different, the name, address and telephone number of the person responsible for the proper maintenance and operation of the alarm system and payment of fees assessed under this article. (2) Address and telephone number of the alarm user's premises or building to be served by the alarm. (3) The name, address and telephone number of the person or persons in charge of the premises or building served by the alarm. (4) The classification of the alarm system as either commercial or residential. (5) Whether the building is rented or owner occupied. (6) For each alarm system at the alarm site, the purpose of the alarm system, i.e, burglary, hold-up, duress, fire, or other. (7) Classification of the alarm site as being equipped or non-equipped for duress alarm. Supp. No. 55 89 § 1-2.5-9 ST. LUCIE COUNTY CODE (8) Signed certification from the alarm user and the alarm business stating: a. The date of installation, conversion or takeover of the alarm system, whichever is applicable; b. The name, address, and phone number of the alarm business performing the alarm system installation, conversion or alarm system takeover and responsible for providing repair service to the alarm system; c. The name, address and phone number of the alarm business monitoring the alarm system if different from the installing alarm business; d. That a set of written operating instructions for the alarm system including written guidelines on how to avoid false alarms, have been left with the applicant; and e. That the alarm business has trained the applicant in proper use of the alarm system, including instructions on how to avoid false alarms. (b) Amended application. An amended application shall be filed within ten (10) days after any change in the information provided in such application. Upon amendment of ownership or changes in the nature of the system, a new alarm permit shall be required. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 99-10, Pt. D, 8-24-99) Sec. 1-2.5-10. Same-Term; fee; nontransferable. (a) An alarm permit shall have a term of two (2) years from date of issuance, such term to begin October 1 and end September 30. Any alarm permit issued after October 1 will be valid for the following two (2) years through September 30. (b) A fee of ten dollars ($10.00) shall be charged to the alarm user by the county for each permit issued, including successive renewal permits, to defray the cost of regulation. (c) Any alarm permit issued pursuant to this chapter shall not be transferable or assignable and shall cover only one (1) building or premises. An alarm user shall inform the tax collector of any change that alters any information listed on the permit application within ten (10) working days. (d) It is the responsibility of the alarm user to submit a renewal application prior to the permit expiration date. Failure to renew shall be classified as use of a non-permitted alarm system and citations and penalties shall be assessed without waiver. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 97-32, Pt. A, 10-7-97; Ord. No. 99-10, Pt. E, 8-24-99) Sec. 1-2.5-11. Same-Issuance. An alarm permit shall be mailed to the alarm user by the tax collector at the address of the alarm user stated on the application within ten (10) days after receipt of the completed application by the tax collector. An alarm permit shall be denied if: (1) The requested information is not supplied on the application. Supp. No. 55 9~ ALARM SYSTEMS § 1-2.5-13 (2) Material information on the application is incorrect. (3) Any person or entity listed on the application as responsible for the installation, maintenance and/or monitoring of the alarm system does not possess any required occupational or regulatory license to conduct such activities unless the person or entity is the alarm user. (4) All false alarm dispatch charges for excessive false alarms owed by the alarm user have not been paid. (5) The alarm user had an alarm permit for the alarm site suspended or revoked, and the violation causing the suspension or revocation has not been corrected. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 99-10, Pt. F, 8-24-99) Sec. 1-2.5-12. Excessive false alarm signals-Generally. (a) No person shall allow, permit, cause or fail to prevent the emission, for any reason, by any alarm used by him, or any alarm serving a premises or a building occupied and controlled by such person, of more than three (3) false alarms within any one-year period of time. (b) The emission of more than three (3) false alarms within any one-year period of time is excessive and constitutes a serious public nuisance, and is subject to false alarm dispatch charges set out in section 1-2.5-13. (c) In the event an alarm system emits five (5) or more false alarms within any one-year period, law enforcement officers shall only respond to panic and/or hold-up alarms from the system until all false alarm dispatch charges pursuant to section 1-2.5-13 for the system are paid or otherwise resolved pursuant to section 1-2.5-13, and until the alarm user provides written documentation to the sheriff or fire marshal, as appropriate, of inspection, modifica- tion, or training as set forth in section 1-2.5-7(h) within thirty (30) days of the false alarm dispatch which necessitated such service. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 99-10, Pt. G, 8-24-99) Sec. 1-2.5-13. Same-False alarm dispatch charge; collection. (a) For response to excessive false alarms by law enforcement agencies, the alarm user shall be charged a service fee by the county of fifty-five dollars ($55.00) for the first alarm in excess of three (3) false alarms in any one-year period, eighty dollars ($80.00) for the second false alarm in excess of three (3) in any one-year period, and one hundred five dollars ($105.00) for the third and each successive false alarm in excess of three (3) in any one-year period. For response to excessive false alarms by the fire department, the alarm user shall be charged a service fee by the county of one hundred thirty dollars ($130.00) for the first alarm in excess of three (3) false alarms in any one-year period, one hundred fifty-five dollars ($155.00) for the second false alarm in excess of three (3) false alarms in any one-year period, and two hundred five dollars ($205.00) for the third and each successive false alarm in excess of three (3) in any one-year period. The law enforcement executive or fire marshal shall determine whether a false alarm has occurred and the frequency of such false alarms, and the tax collector or other Supp. No. 55 91 § 1-2.5-13 ST. LUCIE COUNTY CODE person designated by the board shall invoice alarm users of amounts owed to the county and shall make demand thereof, pursuant to the provision of this section. Payment of such charges shall be due within ten (10) working days of the date of receipt of the invoice. Payment shall be by money order, certified check or cash only. In the event an alarm user does not remit payment of the charge in a timely manner as provided herein, the tax collector shall notify the sheriff or the fire marshal, as appropriate, that the charge is past due. The sheriff or the fire marshal, as appropriate, shall then make an effort to collect said charge. In the event the sheriff or fire marshal is unable to collect said charge in a timely manner, the sheriff or fire marshal shall file a complaint with the county code enforcement division regarding the alarm user's failure to pay the charge in a timely manner. Upon receipt of such complaint, the code enforcement division shall initiate enforcement proceedings in accordance with Chapter 1-2, Article II of the St. Lucie County Code of Ordinances and Compiled Laws and such violations shall be subject to the penalty and enforcement provisions as therein provided in addition to the charges provided in this section. (b) All false alarm dispatch charges collected as the result of such enforcement shall only be used to offset the costs incurred in responding to false alarms. (Ord. No. 87-44, Pt. A, 11-17-87; Ord. No. 99-10, Pt. H, 8-24-99) Sec. 1-2.5-14. Disbursement of service charges. Service charges will be disbursed to the fine and forfeiture accounts of each law enforcement agency and the general fund of the St. Lucie County/Fort Pierce Fire District which responded to the false alarm or in a manner as agreed to by all affected agencies. (Ord. No. 87-44, Pt. A, 11-17-87) [The next page is 107] Supp. No. 55 92 ANIMALS AND FOWL § 1-4-28 (2) When any violation of this article results in the destruction or loss of personal property; (3) When an owner or person is cited with a second or subsequent violation of any part of section 1-4-23, except for subsections (f) and (h); (4) When a person is cited with a third or subsequent violation of any part of this article. (g) If any person fails to pay the civil penalty, fails to appear in court to contest the citation, or fails to appear in court as required herein, the court may issue an order to show cause. The order shall require such persons to appear before the court to explain why action on the citation has not been taken. If any person who is issued such order fails to appear in response to the court's directive, that person may be held in contempt of court. (Ord. No. 87-27, Pt. A, 8-25-87; Ord. No. 94-04, Pt. A, 9-6-94) Sec. 1-4-27. Training requirements for animal control officers. (a) Animal control officers who were not authorized prior to January 1, 1990, by St. Lucie County to issue citations must successfully complete a forty-hour minimum standards training course. Such course shall include, but is not limited to, training for: Animal cruelty investiga- tions, search and seizure, animal handling, courtroom demeanor, and civil citations. The course curriculum must be approved by the Florida Animal Control Association. An animal control officer who successfully completes such course shall be issued a certificate indicating that he has received a passing grade. Pursuant to Section 828.27, Florida Statutes, a surcharge of two dollars ($2.00) upon each civil penalty imposed for violation of this article shall be collected and the proceeds from such surcharge shall be used to pay the costs of the forty (40) hour minimum standards training course for animal control officers. (b) In order to maintain valid certification, every two (2) years each certified county animal control officer shall complete four (4) hours of postcertification continuing education training. Such training may include, but is not limited to, training for: Animal cruelty investigations, search and seizure, animal handling, courtroom demeanor, and civil citations. (Ord. No. 94-04, Pt. A, 9-6-94) Sec. 1-4-28. Traveling animal shows-Permit required. (a) The owner or operator of any traveling animal show desiring to operate in the unincorporated area of St. Lucie County, Florida shall make written application for permit on forms provided by the animal control division no later than sixty (60) days prior to the first performance of any spectacle, display, act or event within the county. Such application shall include but not be limited to the name of the owner of the traveling animal exhibition, all proposed locations within the county for the traveling animal show, the date the animal show is to arrive within the county, the date of departure and all dates on which it is perform at any location within the county. The applicant shall further provide proof of the following: l. Current liability insurance with coverage of one hundred thousand dollars ($100,000.00) per person, three hundred thousand dollars ($300,000.00) per occurrence, with a maximum deductible of ten thousand dollars ($10,000.00). Supp. No. 55 167 § 1-4-28 ST. LUCIE COUNTY CODE 2. All applicable state inspection certificates including a current USDA permit. 3. A veterinarian on duty if the show involves wildlife or captive wild animals. 4. A permit fee of fifty dollars ($50.00) shall be paid at the time the application for permit was made. (b) The term "traveling animal show" shall be defined as follows: Any spectacle, display, act or event, including circuses and carnivals, where animals are maintained, whether or not the animals actually perform, whose owners or operators do not have their principal place of business in the county and which is required to obtain an occupational license pursuant to chapter 1-12 of the St. Lucie County Code and Compiled Laws. (Ord. No. 95-28, Pt. A, 9-12-95) Supp. No. 55 168 Chapter 1-4.5 ART* Art. I. Art in Public Places, §§ 1-4.5-1-1-4.5-5 AR,TICLE I. ART IN PUBLIC PLACES Sec. 1-4.5-1. Definitions. For the purpose of this article, the following words or terms are defined as follows: Artwork means works in a variety of inedia produced by professional visual artists. Works may be permanent, temporary or functional. Board means the Board of County Commissioners for St. Lucie County, Florida. Capital project means any county capital improvement project costing more than one hundred thousand dollars ($100,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any park, beach restoration, above grade utility, and to construct or renovate any building, except a county detention facility. County means St. Lucie County, Florida. Council means the St. Lucie Cultural Affairs Council. Eligible construction costs means the total project appropriation, including engineering and design, but not including demolition costs, equipment costs except for the cost of custom designed equipment or equipment that creates a new use for a building or facility, real property acquisition costs, impact fees, enterprise funds, and soil remediation costs. Equipment costs means, for the purposes of the public art/design and transportation enhancement project calculation, those costs for the acquisition of inechanical equipment of standard manufacture. Master plan means a manual of criteria for the selection of sites and artwork and transportation enhancement projects for public capital and transportation facilities to be developed by the council with public input and approved by the board prior to its implemen- tation. This manual shall also provide for a comprehensive program for art in public places which shall include the display of loaned art in appropriate public buildings. Renovation means a capital project or transportation capital project which is a major redesign of a facility or system or a portion of a facility or system which is included in the county's capital program budget and which requires a building permit from the appropriate governmental jurisdiction. Renovation shall also include a capital project or transportation *Editor's note-Ord. No. 99-07, Pt. A, adopted July 6, 1999, added new provisions to the Code as Ch. 1-5. As other provisions existed within the Code as Ch. 1-5, the provisions of Ord. ~ No. 99-07 have been included herein as Ch. 1-4.5 at the discretion of the editor. Supp. ~10. 55 1Fi9 § 1-4.5-1 ST. LUCIE COUNTY CODE capital project which is an expansion or upgrading the capacity of the facility or system, enlarging the facility, or creating new use for the facility. It shall not include repairs, maintenance, installation of inechanical equipment, or modifications required solely for ADA compliance. Transportation capital project means any county capital transportation improvement project costing more than one hundred thousand dollars ($100,000.00) and paid for wholly or in part by funds appropriated by St. Lucie County to construct or renovate any highway or arterial, bridge or causeway, sidewalk, or bikeway or any road beautification project. 73~-ansportation enhancement project means one (1) or more of the following projects, prioritized in the following order: (1) Visual enhancement of facilities for pedestrians and bicycles. (2) Scenic or historic highway programs, including the provision of tourist and welcome center facilities. (3) Landscaping and other scenic beautification projects. (4) Historic preservation. (5) Rehabilitation and operation of historic transportation buildings, structures, or facilities, including historic railroad facilities. (6) Preservation of abandoned railway corridors, including the conversion and use thereof for pedestrian or bicycle trails. Trust fund means the art in public places trust fund created pursuant to this article and shall include all gifts and donations deposited in the trust fund. (Ord. No. 99-07, Pt. A, 7-6-99) Sec. 1-4.5-2. Art in public places program. (a) Appropriations for county capital projects shall include an amount equal to two (2) per cent of the total eligible construction costs to be used for artist design services and for the selection, acquisition and display of artworks for related education programs, for the maintenance of county artworks, and for the administration of the master plan. Funds appropriated pursuant to this section shall not exceed one hundred thousand dollars ($100,000.00) per project. Funds appropriated for one (1) capital project, but not deemed necessary or appropriate by the council in whole or in part for that project, may be expended on other public art projects approved under the annual master plan, subject to any bond restrictions and legal or grant restrictions. Bond funds shall be appropriated and accounted for in the bond capital project accounts. Projects costing less than one hundred thousand dollars ($100,000.00) shall be subject to the public art calculation and such funds will be pooled for other art projects. All county agencies may opt to participate in the art in public places program for any improvement project not otherwise subject to this article. Supp. No. 55 170 AR,T § 1-4.5-2 (b) Appropriations for transportation capital projects shall include an amount equal to one (1) per cent of the total eligible construction costs to be used for site specific transportation enhancement projects, including artist design services for such projects, for the maintenance of such projects, and for the administration of the master plan relating to such projects. Funds appropriated pursuant to this section shall not exceed one hundred thousand dollars ($100,000.00) per project. Bond funds shall be appropriated and accounted for in the bond capital project accounts. 'lYansportation projects costing less than one hundred thousand dollars ($100,000.00) are subject to the transportation enhancement projects calculation and such funds shall be pooled for other transportation enhancement projects. (c) The first priority for use of funds generated by a capital project shall be that capital project site. The monies appropriated under this article may be used for artist design services, for the development of design concepts and models, and for the selection, acquisition, purchase, commissioning, placement, installation, exhibition and/or display of artworks. Artworks and transportation enhancement projects shall be selected in accordance with the master plan and may be temporary or permanent, may be integral to the architecture or may be incorporated into the project. Integration of the artists' design concepts into the project architecture and/or design should be ensured, insofar as is feasible, by the concurrent selection of the artist(s) with the architect, engineer, or project designer. (d) In the case of a project which involves the use of grant or county bond proceeds issued after the effective date of this article, amounts for artist design services and artworks described in this ordinance shall be used for projects and capital purposes consistent with state and federal laws, the resolutions and/or ordinances approved by the board and the terms of the grant agreement. (e) With the exception of transportation capital projects or as otherwise restricted by the board, any applicable bond resolution or ordinance, local, state or federal law, or the conditions of a granting authority, monies generated under this article may be pooled and expended for any public art and design project in the county, subject to the approved master plan. Pooled funds may be used as seed money for artists' fees to initiate partnerships with private and other public entities to provide public art and aesthetic enhancements in St. Lucie County, pursuant to a written agreement. (f~ To the extent allowed by grant guidelines and by law, all county agencies shall, from the effective date of this article, include in all applications for funding to outside granting organizations or governmental agencies, an amount equal to two (2) per cent of eligible construction costs for a capital project, not to exceed one hundred thousand dollars ($100,000.00), or an amount equal to one (1) per cent of eligible construction costs for a transportation capital project, not to exceed one hundred thousand dollars ($100,000.00), for artist design services and artworks or transportation enhancement projects, as specified herein. (g) The minimum amount to be appropriated for artist design services, artworks, and transportation enhancement projects shall be the total eligible construction costs multiplied by 0.02 or 0.01, as appropriate. This calculation shall be made by the county agency prior to the Supp. No. 55 1701 § 1-4.5-2 ST. LUCIE COUNTY CODE time of the appropriation for the county's capital program. An amount equal to fifteen (15) per cent of the eligible allocation of the construction project (which is 0.003 of the total eligible construction costs for a capital project and 0.0015 of the total eligible construction costs for a transportation capital project) may be used for project support and community participation activities. For public-owned property this may include staffing, artist selection-related costs (excluding travel of the selection committee), consultants, design/proposaUmoquette costs, identifying plaques, project documentation, publicity, community education activities and other purposes as may be deemed appropriate for the administration of the program. An amount equal to fifteen (15) per cent of the eligible public art allocation of the construction project for a capital project (which is 0.003 of the total eligible construction costs) shall be set aside in a separate account within the trust fund for curatorial services and the preservation and maintenance of county artworks. An amount equal to fifteen (15) per cent of the eligible public art allocation of the construction project for a transportation capital project (which is 0.0015 of the total eligible construction costs) shall be set aside in a separate account within the trust fund for curatorial services and the preservation and maintenance of the specific transportation enhancement project. The council shall recommend that any artwork or transportation enhancement project needing extraordinary operational or maintenance costs be reviewed by the appropriate county agency director prior to recommendation to the board. The council shall also be responsible for conducting an annual maintenance survey of artworks and transportation enhancement projects. This survey shall include a condition report on each work, prioritized recommendations for the restoration or repair and maintenance, and estimated costs. Such repair and maintenance shall comply with any contractual obligations which may have been entered into by the county in the acquisition of the artworks. Expenditures of monies in the artwork and transportation enhancement projects maintenance and project support accounts shall be annually recommended by the council and included in the proposed annual budget submitted to the board. Funds in the maintenance and conserva- tion account not expended by the end of the close of any fiscal year shall be carried forward. The council shall also, review and update as necessary the insurance requirements for artworks at least every five (5) years. (Ord. No. 99-07, Pt. A, 7-6-99) Sec. 1-4.5-3. Art in public places trust fund. (a) Created. There is hereby created "art in public places trust fund" consisting of all funds appropriated and deposited to the trust fund in connection with the construction or renovation of a facility or system pursuant to sections 1-4.5-2(a) and 1-4.5-2(b). The trust fund is also authorized to accept gifts, grants and donations made to St. Lucie County for works of art. All appropriations, gifts, grants and awards of monies hereunder shall be deposited in an interest-bearing account entitled the "St. Lucie County Art in Public Places Trust Fund Account", which shall be a separate account established and maintained apart from the general revenue funds and accounts of St. Lucie County. All interest in said account shall accrue to the use and benefit of the trust fund account. Supp. No. 55 170.2 axT § 1-4.5-5 (b) Term of existence. The St. Lucie CountyArt in Public Places Trust Fund Account shall be self-perpetuating from year to year unless specifically terminated by the board. (c) Trust assets. All appropriations, gifts, grants and awards of money or property received hereunder from either public or private donors shall be placed in trust for and inure to the use and benefit of St. Lucie County for public art and design purposes; and said property and funds shall be expended, utilized and disbursed pursuant to the provisions of this section. (d) Appropriations and donations. (1) Eligible monies appropriated pursuant to this article shall be transferred to the trust fund. This transfer shall take place within thirty (30) days of the original project appropriation by the board. (2) Funds deposited or credited to the St. Lucie County Art in Public Places Trust Fund Account, except funds for maintenance and conservation of county artworks and transportation enhancement projects, not expended or obligated by the close of any fiscal year shall be carried over automatically for a period of three (3) years beyond the close of the county construction project, or upon recommendation of the council, carried over for an additional two (2) years. Any funds carried over for three (3) years, or upon request five (5) years, and still unexpended at the expiration of such period, shall be transferred to the general fund for general art purposes or transportation enhance- ment projects, as appropriate, only; provided that funds derived from other restricted sources shall revert to the funds from which originally appropriated at the expiration of said three- or five-year period, or if project is canceled, as applicable. (3) Any gifts, grants and awards received subject to a condition shall be expended strictly in accordance with such condition. (Ord. No. 99-07, Pt. A, 7-6-99) Sec. 1-4.5-4. Ownership and maintenance of artworks. Unless otherwise provided, ownership of all works of art acquired by the county under this article shall be vested in the county, including copyrights, patents and other reproduction rights. The board shall be responsible for managing the reproduction rights of each acquisition with advice from the council. Custody, supervision, maintenance and preservation of the works of art shall be the responsibility of the county, and shall be carried out by qualified art professionals with appropriate collaboration with the council. (Ord. No. 99-07, Pt. A, 7-6-99) Sec. 1-4.5-5. Compliance with state and federal laws. Nothing in this article shall be deemed or construed to require the county to appropriate or expend funds if (a) the appropriation or expenditure of such funds for the purposes herein described would not be permitted under any state or federal law, rule or regulation, or (b) the compliance with this article would in any way affect the treatment of interest on any bonds or Supp. No. 55 170.3 § 1-4.5-5 ST. LUCIE COUNTY CODE other indebtedness or the county for federal income tax purposes, or (c) the compliance with this article would in any way prevent or inhibit the county's compliance with state or federal laws, rules or regulations relating to debt obligations of the county. (Ord. No. 99-07, Pt. A, 7-6-99) Supp. No. 55 170.4 ~_ Chapter 1-6.5 COMMUNITY DEVELOPMENT* Art. I. In General, §§ 1-6.5-1-1-6.5-20 Art. II. Pine Valley Community Development District, §§ 1-6.5-21-1-6.5-30 Art. III. Lake Lucie Community Development District, §§ 1-1-6.5-31-1-6.5-34 Art. IV. Reserve Community Development District, §§ 1-6.5-35-1-6.5-50 Art. V. Educational Facilities Impact Fee, §§ 1-6.5-51-1-6.5-69 Art. VI. Reserve Community Development District #2, §§ 1-6.5-70-1-6.5-73 AR,TICLE I. IN GENER,AL Secs. 1-6.5-1-1-6.5-20. Reserved. ARTICLE II. PINE VALLEY COMMUNITY DEVELOPMENT DISTRICTt Sec. 1-6.5-21. Authority. This article is adopted pursuant to section 125.01 and section 190.005, Florida Statutes, and other applicable provisions of law. (Ord. No. 82-2, § 1, 3-2-82) Sec. 1-6.5-22. Established; boundaries. The Pine Valley Community Development District is herewith established within the following described external boundaries: (a) Parcel I: Begin at a concrete monument at the northeast corner of Section 22, Township 36 South, Range 39 East, St. Lucie County, Florida; thence run north 89 degrees 45 minutes 43 seconds west along the north line of said Section 22 a distance of 100 feet to the point of beginning; thence run south 00 degrees 30 minutes 04 seconds west parallel with the east line of said Section 22 a distance of 5303.80 feet to the south line of said Section 22; thence run south 89 degrees 42 minutes 53 seconds west along the south line of said Section 22 a distance of 1410.13 feet; thence run north 43 degrees 08 minutes 26 seconds west parallel with the northeasterly right-of-way line of South Florida Water Management District Canal No. C-24 a distance of 5542.54 feet to the west line of said Section 22; thence run north 00 degrees 37 minutes 26 seconds east along the said west line of Section 22 a distance of 252.39 feet to the southeasterly line of the Florida Power and Light Company easement; thence run north 44 degrees 45 minutes 58 seconds east along the said southeasterly line of the Florida Power and ~Cross reference-Planning generally, Ch. 1-16. 1'Editor's note-Ord. No. 82-2, §§ 1, 2, 4, 5, adopted March 2, 1982, not specifically amendatory of the Code, has been included as §§ 1-6.5-21-1-6.5-24 at the discretion of the editor. Supp. No. 55 285 § 1-6.5-22 ST. LUCIE COUNTY CODE Light Company easement a distance of 1467.56 feet to the said north line of Section 22; thence run south 89 degrees 23 minutes 26 seconds east along the said north line of Section 22 a distance of 1617.14 feet; thence run south 89 degrees 45 minutes 43 seconds east along the said north line of Section 22 a distance of 2593.17 feet to the point of beginning, all lying and being in Section 22, Township 36 South, Range 39 East, St. Lucie County, Florida, and containing 450.0089 acres, more or less. (b) Parcel II: Begin at the northwest corner of Section 22, Township 36 South, Range 39 East, St. Lucie County, Florida; thence run south 00 degrees 37 minutes 26 seconds west, along the west line of said Section 22, a distance of 1,305.27 feet, to the point of beginning; thence run south 43 degrees 08 minutes 26 seconds east, a distance of 1,068.41 feet, to a point on curvature of a curve concave to the southwest; thence run northwesterly, along the said curve, having an interior angle of 7 degrees 43 minutes 13 seconds, a radius of 1,452.65 feet, and an arc length of 195.73 feet, to a point of reverse curvature of a curve concave to the northeast; thence run northwesterly, along said curve, having an interior angle of 19 degrees 33 minutes 50 seconds, a radius of 1,681.25 feet, and an arc length of 574.07 feet, to the point of tangency of said curve; thence run north 43 degrees OS minutes 26 seconds west, a distance of 168.65 feet, to the point of curvature of a curve concave to the northeast; thence run northwesterly, along the said curve, having an interior angle of 22 degrees 00 minutes 00 seconds, a radius of 813.94 feet, and an arc length of 312.53 feet, to the point of reverse curvature of a curve concave to the southwest; thence run northwesterly, along the said curve, having an interior angle of 41 degrees 05 minutes 36 seconds, a radius of 328.78 feet, and an arc length of 235.81 feet, to the point of tangency of said curve; thence run north 62 degrees 4 minutes 02 seconds west, a distance of 265.77 feet, to the point of curvature of a curve concave to the northeast; thence run northwesterly, along the said curve, having an interior angle of 17 degrees 00 minutes 00 seconds, a radius of 1,168.48 feet, and an arc length of 346.69 feet, to the point of tangency of said curve, said point being on the southeasterly right-of-way of the Florida East Coast Railroad; thence run north 44 degrees 45 minutes 58 seconds east along the said southeasterly right-of-way, a distance of 100.00 feet to the point of curvature of a curve concave to the northeast; thence run southeasterly, along the said curve, having an interior angle of 17 degrees 00 minutes 00 seconds, a radius of 1,068.48 feet, an arc length of 317.02 feet, to the point of tangency of said curve; thence run south 62 degrees 14 minutes 02 seconds east, a distance of 265.77 feet, to the point of curvature of a curve concave to the southwest; thence run southeast, along the said curve, having an interior angle of 41 degrees 05 minutes 36 seconds, a radius of 428.78 feet, and an arc length of 307.53 feet, to the point of reverse curvature of a curve concave to the northeast; thence run southeasterly, along the said curve, having an interior angle of 13 degrees 36 minutes 02 seconds, a radius of 713.94 feet, and an arc length of 169.47 feet, to a point on the said west line of Section 22; thence run north 00 degrees 37 minutes 26 seconds east, a distance of 61.22 feet, to the point of beginning; all lying and being in Sections 21 and 22, Township 36 South, Range 39 East, St. Lucie County, Florida. Supp. No. 55 286 COMMUNITY DEVELOPMENT § 1-6.5-71 (b) Any funds not expended or encumbered by the end of the calendar quarter immediately following ten (10) years from the date the educational impact fee payment was received shall, upon application of the current owner within one hundred eighty (180) days of the expiration of the ten-year period, be refunded to the current owner by the school board of the county with interest at the rate of six (6) per cent annum. (Ord. No. 88-16, Pt. A, 7-5-88) Sec. 1-6.5-60. Exemptions. The following shall be exempted from payment of the educational facilities impact fee: (1) Alteration or expansion of an existing residential building where no additional residential unit is created and where the use is not changed. (2) The construction of accessory buildings or structures. (3) The replacement of a residential land use unit with a new unit of the same type and use. (4) The construction of adult facilities or residential structures in which minors cannot reside because of enforceable land use restrictions. An exemption must be claimed by the feepayer at the time of the issuance of a building permit or electrical permit. Any exemption not so claimed shall be deemed waived by the feepayer. (Ord. No. 88-16, Pt. A, 7-5-88; Ord. No. 93-003, Pt. A, 2-16-93) Sec. 1-6.5-61. Review The educational facilities impact fee schedule shall be reviewed by the board of county commissioners in January each fiscal biennium. (Ord. No. 88-16, Pt. A, 7-5-88; Ord. No. 93-003, Pt. A, 2-16-93) Secs. 1-6.5-62-1-6.5-69. Reserved. ARTICLE VI. RESERVE COMMUNITY DEVELOPMENT DISTRICT #2 Sec. 1-6.5-70. Established; name. The Reserve Community Development District #2 is hereby established. (Ord. No. 99-029, Pt. A, 11-23-99) Sec. 1-6.5-71. Boundaries. The boundaries of the Reserve Community Development District #2 are as set forth in the legal description contained in the attached Exhibit A. (Ord. No. 99-029, Pt. A, 11-23-99) Editor's note-The document referred to as Exhibit A, attached to Ord. No. 99-029, is not printed herein, but is on file and available for reference in the offices of the county. Supp. No. 55 293 § 1-6.5-72 ST. LUCIE COUNTY CODE Sec. 1-6.5-?2. Initial board of supervisors.. The following five (5) persons are designated as the initial members of the Board of Supervisors of the Reserve Community Development District #2: John Caspo, John Tompson, Lawerence Leropoli, Robert Vail, and William Cioffoletti. (Ord. No. 99-029, Pt. A, 11-23-99) Sec. 1-6.5-73. Special conditions. The following special conditions shall apply to the creation, operation, and existence of the Reserve Community Development District #2: (1) The powers and responsibilities of the Reserve Community Development District #2 shall be limited to the following: a. Water management and control for the lands within the district and to connect some or any of such facilities with roads and bridges. b. Water supply, sewer, and wastewater management, reclamation, and reuse or any combination thereof, and to construct and operate connecting intercepting or outlet sewers and sewer mains and pipes and water mains, conduits, or pipelines in, along, and under any street, alley, highway, or other public place or ways, and to dispose of any effluent, residue, or other byproducts of such system or sewer system. c. Bridges or culverts that may be needed across any drain, ditch, canal, floodway, holding basin, excavation, public highway, tract, grade, fill, or cut and roadways over levees and embankments, and to construct any and all of such works and improvements across, through, or over any public right-of-way, highway, grade, fill, or cut. d. District roads equal to or exceeding the specifications of the county in which such district roads are located, and street lights. e. Buses, trolleys, transit shelters, ride-sharing facilities and services, parking improvements, and related signage. f. Conservation areas, mitigation areas, and wildlife habitat, including the main- tenance of any plant or animal species, and any related interest in real or personal property. g. Any other project within or without the boundaries of a district when a local government issued a development order pursuant to F.S. §§ 380.06 or 380.061 approving or expressly requiring the construction or funding of the project by the district, or when the project is the subject of an agreement between the district and a governmental entity and is consistent with the local government compre- hensive plan of the local government within which the project is to be located. No other powers duties or responsibilities are authorized for this district unless this approval ordinance is amended consistent with applicable Florida law. Supp. No. 55 294 / ~ ~J ~ J COMMUNITY DEVELOPMENT § 1-6.5-73 (2) The district will use its best efforts to develop in an integrated fashion the traffic circulation, water, and sewer facilities on the district property as one (1) functional interrelated community. (3) The district shall take no action which is inconsistent with the comprehensive plan, ordinances or regulations of St. Lucie County. (4) No publicly owned property that may be located within the legal description of this community development district shall be assessed for, or obligated in any way to pay for the infrastructure constructed, maintained or operated by the Community Devel- opment Described #2. (Ord. No. 99-029, Pt. A, 11-23-99) Supp. No. 55 295 COURTS § 1-7-12 account fund and the family mediation account fund, as appropriate, to be used to fund circuit civil mediation-arbitration services, county civil mediation-arbitration services and family mediation-arbitration services under the supervision of the chief judge for the Nineteenth Judicial Circuit. The clerk shall forward one dollar ($1.00) of each charge to the office of the state courts administrator for deposit in the state mediation and arbitration trust fund. (Ord. No. 90-39, Pt. C, 9-25-90) Sec. 1-7-10. Disposition of legal aid fund. All additional costs collected for the pro bono legal aid program shall be set aside by the clerk in a separate account to be used exclusively to fund the pro bono legal aid program under the supervision of the St. Lucie County Bar Association for the Nineteenth Judicial Circuit or its designee. (Ord. No. 97-05, Pt. D, 6-3-97) Sec. 1-7-11. Assessment of court costs to be used for the implementation and operation of a juvenile assessment center. (a) The court shall assess court costs of three dollars ($3.00) per case, in addition to any other authorized cost or fine, on every person who, with respect to charge, indictment, prosecution commenced or petition of delinquency filed in the county or circuit, pleads guilty, nolo contendre to, or is convicted of, or adjudicated delinquent for, or has had adjudication withheld for, a felony or misdemeanor, or a criminal traffic offense or handicapped parking violation under state law, or a violation of any municipal or county ordinance, if the violation constitutes a misdemeanor under state law. (b) The clerk of the circuit and county court shall collect the three dollar ($3.00) court costs assessed by the court and deposit those funds in an appropriate, designated account established by the clerk. The clerk shall withhold five (5) per cent of the assessments collected for the costs of administering the collection of assessments. The clerk shall release funds to the sheriff upon request. The clerk shall also, at the request of the sheriff, receive and deposit in the designated account, any additional funds attained by the sheriff for the implementation and operations of the juvenile assessment center, and release those funds to the sheriff upon request. (Ord. No. 96-23, Pt. A, 8-6-96) Sec. 1-7-12. Assessment of court costs to be used for the operation and administra- tion of teen court. (a) The court (both county and circuit) shall assess court costs of three dollars ($3.00) per case, in addition to any other authorized cost or fine, against every person who pleads guilty or nolo contendre to, or is convicted of, regardless of adjudication, a violation of a state criminal statute or a municipal ordinance or county ordinance or who pays a fine or civil penalty for any violation of Chapter 316, Florida Statutes. Any person whose adjudication is withheld pursuant to the provisions of section 318.14(9) or (10), Florida Statutes, shall also be assessed Supp. No. 55 319 § 1-7-12 ST. LUCIE COUNTY CODE such cost. The assessment shall not be deducted from the proceeds of that portion of any fine or civil penalty which is received by a municipality in the county or by the county in accordance with Sections 316.660 and 31821, Florida Statutes. The assessment shall specifically be added to any civil penalty paid for a violation of Chapter 316, Florida Statutes, whether such penalty is paid by mail, paid in person without request for hearing, or paid after hearing and determination by the court. However, the assessment shall not be made against a person for a violation of any state statutes, county ordinance, or municipal ordinance relating to the parking of vehicles, with the exception of the handicapped parking laws. (b) The clerk of the court shall establish a teen court trust fund, to be used to fund the operation and administration of the teen court, under the direction of the court administrator and the supervision of the chief judge of the nineteenth Judicial Circuit. The clerk of the court shall collect and deposit the assessments collected pursuant to this section and shall remit the same to the teen court monthly, less five (5) per cent, which is to be retained as fee income of the office of the circuit court. (Ord. No. 96-23, Pt. A, 8-6-96) Sec. 1-7-13. Civil traffic infraction fund. Effective November 1, 1999, there is created a separate fund titled "civil traffic infraction fund". All monies deposited in the fund by the clerk pursuant to administrative order shall be used to pay expenses of the civil traffic hearing officer program as approved by the chief judge of the Nineteenth Judicial Circuit pursuant to the budget for the program established by the board of county commissioners. (Ord. No. 99-27, Pt. A, 11-10-99) Secs. 1-7-14-1-7-19. Reserved. AR,TICLE II. ALCOHOL AND OTHER DRUG ABUSE TRUST FUND* Sec. 1-7-20. Authority for enactment of article. This article is enacted pursuant to the authority vested in the board of county commission- ers by virtue of Chapter 125, Florida Statutes, sections 893.13 and 893.165, Florida Statutes. (Ord. No. 89-03, Pt. A, 1-24-89) Sec. 1-7-21. De~nitions. For the purpose of this article, the following terms have only those meanings ascribed to them. *Editor's note-Ordinance No. 89-03, Pt. A, adopted Jan. 24, 1989, amended Ch. 1-7 by adding Art. I, §§ 1-7-20-1-7-23. In order to maintain Code format, the editor has designated §§ 1-7-1-1-7-19 as Art. I and §§ 1-7-20-1-7-23 as Art. II. Cross reference-Administration, Ch. 1-2. Supp. No. 55 320 COURTS § 1-7-23 Board of county commissioners shall mean the board of county commissioners of St. Lucie County, Florida. Chief judge shall mean the chief judge of Florida's Nineteenth Judicial District. Clerk shall mean the clerk of the circuit court and county court of Florida's Nineteenth Judicial District and accountant to the board of county commissioners. County shall mean the incorporated and unincorporated areas of St. Lucie County, Florida. Defendant shall mean a person charged with a criminal action pursuant to Chapter 839, Florida Statutes. (Ord. No. 89-03, Pt. A, 1-24-89) Sec. 1-7-22. Creation of fund and accounting. (a) Pursuant to Section 893.13, Florida Statutes, the court may assess any defendant, on or after February 1, 1989, who is found guilty of, or pleads nolo contendere to, a violation of any provision of Chapter 893, Florida Statutes, or which involves a criminal violation of Section 316.193, Section 856.011, Section 856.015, or Chapter 562, Chapter 567, or Chapter 568, Florida Statutes, in addition to any fine and other penalty imposed by law for any criminal offense under this chapter or for any criminal violation of Section 316.193, Section 856.011, Section 856.015, or Chapter 562, Chapter 567, or Chapter 568, Florida Statutes, an amount up to the amount of the fine authorized for the violation. Such additional assessment shall be used for alcohol and other drug abuse programs as provided by general law and this article. Pursuant to Section 893.13, Florida Statutes, the court is authorized to order a defendant to pay such assessment if it finds that the defendant has the ability to pay the fine and the additional assessment, and the defendant will not be prevented from being rehabilitated or from making restitution. (b) Once assessed, the clerk will keep a record of assessments and those assessments shall be collected by the clerk. The clerk shall forward all monies collected to the board of county commissioners for deposit into a special and separate account titled "alcohol and other drug abuse trust fund." Once each month, the board of county commissioners shall require a full report from the clerk as to the amount of assessments imposed by its courts, the amount of funds collected and deposited into the alcohol and other drug abuse trust fund, and amount of expenditures from the alcohol and other drug abuse trust fund. (Ord. No. 89-03, Pt. A, 1-24-89; Ord. No. 95-45, Pt. B, 9-19-95) Sec. 1-7-23. Expenditures. Monies deposited into the alcohol and other drug abuse trust fund shall be used to financially assist alcohol and other drug abuse treatment and education programs. In order to receive assistance grants from the alcohol and other drug abuse trust fund, county alcohol and other drug abuse treatment or education programs shall be selected as program recipients on the basis of selection procedures which shall be developed by the county administrator. Such Supp. No. 55 321 § 1-7-23 ST. LUCIE COUNTY CODE procedures shall include as a basis for selection the success of the program. Final approval shall be made by the board of county commissioners upon recommendation by the county administrator, and selections shall be made annually. (Ord. No. 89-03, Pt. A, 1-24-89; Ord. No. 95-45, Pt. C, 9-19-95) Secs. 1-7-24-1-7-29. Reserved. AR,TICLE III. RESERVED* *Editor's note-Part D of Ord. No. 90-39, adopted Sept. 25, 1990, repealed former §§ 1-7-30-1-7-34, which pertained to the family mediation service and derived from Ord. No. 90-25, Pt. A, adopted June 26, 1990. [The next page is 337] Supp. No. 55 322 Chapter 1-14 OFFENSES AND MISCELLANEOUS PROVISIONS Art. I. Generally, §§ 1-14-1-1-14-20 Art. II. Regulation of Distribution of Commercial Handbills, §§ 1-14-21-1-14-29 Art. III. Motor Vehicle 'l~tle Loans, §§ 1-14-30-1-14-37 ARTICLE I. IN GENERAL Sec. 1-14-1. Reserved. Editor's note-Part A of Ord. No. 88-20, enacted Feb. 2, 1988, repealed former § 1-14-1 in its entirety. Such former section pertained to the playing of music devices or instruments, and derived form Ord. No. 75-1, §§ 1, 2, adopted Jan. 14, 1975; Ord. No. 77-9, § 1, adopted Feb. 7, 1978; and Ord. No. 79-1, § 1, adopted Feb. 13, 1979. Provisions relative to noise control are included in Ch. 1-13.8 of this Code. Sec. 1-14-2. Obscene materials; sale, etc. (a) A person commits the offense of distributing obscene materials when he sells, lends, rents, leases, gives, advertises, publishes or otherwise disseminates to any person any obscene material of any description, knowing the obscene nature thereof, or when he offers to do so, or when he possesses such material with the intent so to do. (b) Material is obscene if considered as a whole, applying community standards, its predominant appeal is to prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion, and without serious literary, artistic, political or scientific value and if, in addition, it goes substantially beyond customary limits of candor in describing or representing such matters. Undeveloped photographs, molds, printing plates and the like shall be deemed obscene notwithstanding that processing or other acts may be required to make the obscenity patent or to disseminate it. (c) Material, not otherwise obscene, may be deemed obscene under this section if the distribution thereof, or the offer to do so, or the possession with the intent to do so is a commercial exploitation of erotica solely for the sake of their prurient appeal. (Ord. No. 70-5, §§ 1-3, 10-6-70; Ord. No. 86-04, Pt. l, 2-25-86) State law references-"Obscene materials" defined, F.S. § 847.07(2); preemption of field to exclusion of counties and municipalities as to exposure to harmful motion pictures, exhibitions, show and representations, F.S. §§ 847,013(4) and 847.09(1). Sec. 1-14-3. Motorized vessels on lakes, ponds in unincorporated areas. (a) Use declared nuisance: The use of motorized vessels on lakes and ponds in the unincorporated area of St. Lucie County, Florida, is hereby declared to be a nuisance. (b) Exception: This section shall only apply to those ponds and lakes which have been purchased by or dedicated to St Lucie County, Florida. Supp. No. 55 739 § 1-14-3 ST. LUCIE COUNTY CODE (c) Definitions: (1) Motorized vessel shall include any waterborne or other mechanical means of propul- sion, without regard to the size of either the vessel or its means of propulsion. (2) Lakes and ponds shall mean any man-made or natural body of water which has not been designated as navigable waters by the U.S. Coast Guard. (d) Violation; penalty: Violations of this section shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment in the county jail for not more than thirty (30) days, or by both such fine and imprisonment. (Ord. No. 81-7, §§ 1-4, 9-22-81) Editor's note-Ord. No. 81-7, §§ 1-4, adopted Sept. 22, 1981, not specifically amendatory of the Code, has been included as § 1-14-3 at the discretion of the editor. ARTICLE II. REGULATION OF DISTRIBUTION OF COMMERCIAL HANDBILLS Sec. 1-14-21. Distribution. All commercial handbills, as defined in this article, shall be distributed in accordance with the regulations set forth in this article. (Ord. No. 92-08, Pt. A, 1-21-92) Sec. 1-14-22. Definitions. The following words, terms and phrases, when used in this article, have the meanings ascribed to them in this section, except where the context clearly indicates a different meanings: Blue designator shall mean a blue reflector conspicuously posted on a mailbox post or other structure. Commercial handbill shall mean and include any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, magazine, bumper sticker, booklet, or any other written matter or literature, which: (1) Advertises any merchandise, product, service commodity, or thing; (2) Directs attention to any business or mercantile or commercial establishment, or other commercial activity, for the purpose of either directly or indirectly promoting the interests thereof by sale, lease, benefit, gift, or other promotion; (3) Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind, for which an admission fee is charged for the purpose of private gain or profit; or Supp. No. 55 740 OFFENSES AND MISCELLANEOUS PROVISIONS § 1-14-25 (4) While containing reading matter other than advertising matter, is essentially and predominantly an advertisement and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person or entity so engaged as advertiser or distributor. Distribute shall mean to deposit, place, or throw commercial handbills. Residential premises shall mean any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule, or mailbox belonging or appurtenant to such dwelling, house, building, or other structure. Resident shall mean the owner or other occupant lawfully entitled to possession of residential premises. (Ord. No. 92-08, Pt. A, 1-21-92) Sec. 1-14-23. Distribution of commercial handbills on residential premises. It shall be unlawful for any person to distribute any commercial handbill upon any premises if the resident of the premises conspicuously displays a sign stating "No Handbills," or a blue designator indicating the resident's desire not to receive commercial handbills, or if the resident has otherwise notified such person in writing of the resident's desire not to receive commercial handbills. (Ord. No. 92-08, Pt. A, 1-21-92) Sec. 1-14-24. Exemptions. The provisions of this Article shall not apply to: (1) The distribution of mail by the United States Postal Service. (2) Newspapers, magazines, or other reading material for which a person has subscribed. (3) Official notices distributed by utilities and public health and law enforcement agencies. (Ord. No. 92-08, Pt. A, 1-21-92) Sec. 1-14-25. Enforcement. (a) Any resident of a residential premises who receives a commercial handbill in violation of section 1-14-23 may file a written complaint within ten (10) days of the alleged violation with the St. Lucie County Code Enforcement Administrator. The written complaint shall identify the date the incident occurred, the name of the commercial handbill, and the name of its distributor; if the distributor is unknown to the complainant, the written complaint shall include the name of the publisher of the commercial handbill, and the code enforcement administrator shall undertake a reasonable effort to ascertain the identify of the distributor. Supp. No. 55 741 § 1-14-25 ST. LUCIE COUNTY CODE (b) The code enforcement administrator, upon receiving the written complaint, shall forward by certified mail, return receipt requested, a copy of the written complaint to the distributor of the commercial handbill along with a written notice that the distributor immediately cease and desist from any further distribution of the commercial handbill on the residential premises of the complainant. If the distributor is an employee of the publisher, the code enforcement administrator shall mail the complaint to the publisher. (c) If the distributor of the commercial handbill continues distribution to the residential premises of the complainant after notice to cease and desist, the code enforcement adminis- trator shall initiate enforcement proceedings before the code enforcement board pursuant to sections 1-2-19 through 1-2-27.3 of the Code of Ordinances of St. Lucie County, Florida. (d) In addition to the remedy set out above, the county attorney may institute any appropriate civil action or proceedings in any court to prevent, correct or abate the violation. Nothing herein shall preclude the imposition of other applicable penalties and enforcement procedures pursuant to Section 403.413, Florida Statutes, as amended. (Ord. No. 92-08, Pt. A, 1-21-92) Secs. 1-14-26-1-14-29. Reserved. AR,TICLE III. MOTOR VEHICLE TITLE LOANS Sec. 1-14-30. Definitions. Secondhand dealer has the same meaning as used in section 538.03(1)(a), Florida Statutes, as it may be amended from time to time. Title loan agreement means a written agreement whereby a secondhand dealer agrees to make a loan of a specific sum of money to the owner of a motor vehicle, and the owner of the motor vehicle agrees to give the secondhand dealer a security interest in a motor vehicle certificate of title owned by the borrower and encumbered only by a title loan agreement. (Ord. No. 99-25, Pt. A, 12-7-99) Sec. 1-14-31. Motor vehicle title loan transactions. A secondhand dealer registered under Chapter 538, Part I, Florida Statutes, may engage in motor vehicle title loan transactions, as that term is used in Chapter 538, Part I, Florida Statutes, if the following conditions are met: (1) The secondhand dealer maintains physical possession of the motor vehicle certificate of title; and (2) The borrower maintains possession of, or control over, the motor vehicle throughout the term of the loan; and (3) The borrower is not required to pay rent or any other change for the use of the motor vehicle; and Supp. No. 55 742 OFFENSES AND MISCELLANEOUS PROVISIONS § 1-14-31 (4) The secondhand dealer delivers to the borrower, at the time a loan is made, a statement showing the loan amount, origination date, maturity date, finance charges, a descrip- tion of the security, the name and address of the borrower and the secondhand dealer, the rate of interest expressed in terms of annual percentage rate, the total number of payments required, and the total amount required to be paid over the life of the loan. In the event the borrower has a right to renew the loan, the secondhand dealer must deliver a statement with the information required herein for each renewal; and (5) The title loan agreement contains the following statement printed in not less than fourteen-point type: (i) Your vehicle has been pledged as security for this loan and if you do not repay this loan in full, including the finance change, YOU WILL LOSE YOUR VEHICLE. (ii) You are encouraged to repay this loan at the end of the 30-day period. The lender may not be required to extend or renew your loan. It is important that you plan your finances so that you can repay this loan as soon as possible. (iii) THIS LOAN HAS A VERY HIGH INTEREST RATE. DO NOT COMPLETE THIS LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW FROM ANOTHER SOURCE AT A RATE LOWER THAN 21/2% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%r,. (iv) The borrower represents and warrants that the motor vehicle and the certificate of title is not stolen, it has no liens or encumbrances against it, the borrower has the right to enter into this transaction, and the borrower will not attempt to sell the motor vehicle or apply for a duplicate certificate of title while the title loan agreement is in effect, and that doing so will be a violation of law. (v) If you are a member of the Armed Forces of the United States of America, you may be eligible for financial assistance. You are urged to explore these options with a representative of your commanding officer." (vi) Immediately above the signature of the borrower the statement that "I, the borrower declare that the information I have provided is true and correct and I have read and understand the foregoing document." (6) The secondhand dealer must display, in a prominent place in the title loan premises, for customer viewing, a sign no smaller than three (3) feet by five (5) feet with the following message written in letters no less than two (2) inches high: "IF YOU RECEIVE A TITLE LOAN, YOUR VEHICLE WILL BE PLEDGED AS SECURITY FOR THE LOAN, IF YOU DO NOT REPAY THIS LOAN IN FULL, INCLUDING ALL FINANCE CHARGES, YOU WILL LOSE YOUR VEHICLE. THIS LOAN HAS A VERY HIGH INTEREST RATE, DO NOT COMPLETE A TITLE LOAN TRANSACTION IF YOU HAVE THE ABILITY TO BORROW MONEY FROM AN- OTHER SOURCE AT AN INTEREST RATE LOWER THAN 21/z% PER MONTH OR AN ANNUAL PERCENTAGE RATE OF 30%. MEMBERS OF THE UNITED STATES Supp. No. 55 743 § 1-14-31 ST. LUCIE COUNTY CODE ARMED SERVICES MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE AND THEY ARE URGED TO EXPLORE ALL OPTIONS WITH REPRESENTATIVES OF THEIR COMMANDING OFFICER." (Ord. No. 99-25, Pt. A, 12-7-99) Sec. 1-14-32. Magimum interest rate. A secondhand dealer who engages in title loan transactions may not exceed the following interest rates: (1) A secondhand dealer may charge an interest rate not to exceed two and one-half (2~/2) per cent per thirty-day period the title loan agreement remains outstanding and unsatisfied. In determining compliance with the ma~umum interest and finance charges, the computation must be simple interest and not add-on interest or any other interest computation. (2) The annual percentage rate that may be charged in a motor vehicle title loan may equal, but not exceed, the annual percentage rate that must be computed and disclosed as required by the Federal 1'ruth in Lending Act and Regulation Z of the Board of Governors of the Federal Reserve System. When the period for which the charge is computed is more or less than one (1) month, the maximum rate for the period must be computed on a basis of one-thirtieth (~/ao) the applicable monthly interest rate, multiplied by the number of days of the period. (3) Any transaction involving a borrower's delivery of a motor vehicle certificate of title in exchange for the advancement of funds on the condition that the borrower shall or may redeem or repurchase the certificate of title upon the payment of a sum of money, whether the transaction be characterized as "buy-sell agreement," "sale-leaseback agreement," or otherwise, shall be deemed a violation of this article if such sum exceeds the amount that a secondhand dealer may collect in a title loan agreement under this article or if the terms of the transaction otherwise conflict with the permitted terms and conditions of a title loan agreement under this article. (4) Any fees or tases paid to a state agency and directly related to an individual title loan transaction may be collected from the borrower and shall be in addition to the permitted finance and interest charge. (5) No charges, including interest, in excess of the combined total of all charges permitted by this section shall be allowed. (Ord. No. 99-25, Pt. A, 12-7-99) Sec. 1-14-33. Transaction satisfaction and default. (a) When the title loan has been paid in full, the secondhand dealer shall deliver to the borrower a certificate of title clear of all encumbrances placed upon the title by the secondhand dealer within thirty (30) days of such payment in full. Supp. No. 55 744 OFFENSES AND MISCELLANEOUS PROVISIONS § 1-14-34 (b) A secondhand dealer who engages in title loan transactions may take possession of the motor vehicle upon the borrowers default under the title loan agreement. Unless the borrower voluntarily surrenders the motor vehicle, the secondhand dealer may only take possession of a motor vehicle through an agent licensed by the State of Florida to repossess motor vehicles. (c) A secondhand dealer who takes possession of a motor vehicle pursuant to this section shall comply with the applicable requirements of Chapter 679, Part V, Florida Statutes, as is amended from time to time. (d) Disposition of the collateral or motor vehicle may be by public or private proceedings and may be made by way of one (1) or more contracts. Sale or other disposition may be as a unit or in parts and at any time and place and on any terms, but every aspect of the disposition including the method, manner, time, place and terms including surplus of the debt must be commercially reasonable. (Ord. No. 99-25, Pt. A, 12-7-99) Sec. 1-14-34. Licenses. (a) No secondhand dealer may engage in business as a title loan lender three (3) months after the effective date of this article unless the secondhand dealer has a valid license issued by St. Lucie County. A separate license will be required for each physical location of title loan business. The county shall issue more than one (1) license to an applicant if that applicant complies with the requirements of this article for each license. (b) An application for a license pursuant to this article must be submitted to the county on such form as the county may prescribe. If the county determines that an application should be granted, it shall issue the license for a period not to exceed two (2) years. A non-refundable application and license fee not exceeding one thousand two hundred fifty dollars ($1,250.00) shall accompany an initial application for each title loan location. (c) The county shall charge a biennial renewal fee of one thousand dollars ($1,000.00). A license that is not renewed at the end of each two-year period shall automatically become inactive. An inactive license may be reactivated within ninety (90) days after the date it became inactive upon the submission of a completed reactivation form and payment of a reactivation fee not exceeding two hundred dollars ($200.00) and a biennial license fee of one thousand dollars ($1,000.00). No inactive license may be reactivated after ninety (90) days. (d) Each license must specify the location for which it is issued and must be conspieuously displayed at that location. When a licensee wishes to move a title loan off"ice to another location, the licensee shall give thirty (30) days prior written notice to the county by certified or registered mail, return receipt requested, and the county shall then amend the license accordingly. A license issued pursuant to this article is not transferable or assignable. (e) Books, accounts and records; maintenance and examinations by the county. (1) Each licensee shall maintain, at the principal place of business designated on the license, all books, accounts, records, and documents necessary to determine the licensee's compliance with this article. Supp. No. 55 745 § 1-14-34 ST. LUCIE COUNTY CODE (2) The county may authorize maintenance of records at a location other than a principal place of business. The county may require books and records to be produced and available at a reasonable and convenient location within the county. (3) All books, accounts, records, documents and receipts for expenses paid by the licensee on behalf of the borrower, including each contract signed by the borrower and expenses incurred by the licensee in event of foreclosure and property recovery, will be preserved and kept available for examination by the county for two (2) years after the date of original entry. (4) The county may prescribe by resolution the minimum information to be shown in the books, accounts, records, and documents of licensees so that such records will enable the county to determine the licensee's compliance with this article. (f~ Each licensee shall designate and maintain an agent in this state for service of process. (g) A licensee must apply to the county for a new license upon a change in ownership of twenty-five (25) per cent or more by a natural person in any title loan location or office. No application for a license or an application for transfer of an existing license is required for any change, directly, or beneficially, in the ownership of a title loan location if one or more of the holders of at least seventy-five (75) per cent of the outstanding equity interest in the title loan location or office before the change in ownership continue to hold at least seventy-five (75) per cent of the outstanding equity interest in the title loan location or office after the change in ownership. (h) To be eligible for a title loan lending license, an applicant shall: (1) File with the county a bond in the amount of thirty-five thousand dollars ($35,000.00) for each license with a surety company qualified to do business in this state. In lieu of the bond, the applicant may establish a certificate of deposit or an irrevocable letter of credit in a Florida financial institution in the amount of the bond. The original bond, certificate of deposit, or letter of credit shall be filed with the county and the county shall be the beneficiary of such instrument. The bond, certificate of deposit, or letter of credit shall be in favor of the county for the use and benefit of any consumer who is injured in the context of a title loan transaction by the fraud, misrepresentation, breach of contract, financial failure, unfair or deceptive trade practice, disclosure violation or violations of any provisions of this article by the licensee. Such liability shall be enforced by the filing of a suit in a court of competent jurisdiction. (2) Not have been convicted of a felony within the last ten (10) years or be acting on behalf of a beneficial owner who has been convicted of a felony within the last ten (10) years. (3) Not have been convicted, nor acting on behalf of a beneficial owner who has been convicted, of a crime that the county finds directly related to the duties and responsibilities of a title loan lender within the past ten (10) years. (i) The county shall determine the form of the license. Supp. No. 55 746 OFFENSES AND MISCELLANEOUS PROVISIONS § 1-14-35 (j) No part of this article may be construed to impair or affect the obligation of any title loan agreement which was lawfully entered into prior to the effective date of this article. (k) Licensees shall report changes in address, location of records, and any change of an executive officer within thirty (30) days of the change. (Ord. No. 99-25, Pt. A, 12-7-99) Sec. 1-14-35. Violations and penalties. (a) The following acts are violations of this article and shall constitute grounds for discipli nary action: (1) Failure to comply with any provision of this article, rule adopted under this article by the county or any written agreement entered into with the county. (2) Fraud, misrepresentation, deceit or gross negligence in any title loan transaction. (3) Fraudulent misrepresentation, circumvention, or concealment of any matter required to be stated or furnished to a consumer pursuant to this article. (4) Willful imposition of illegal charges on any title loan transaction. (5) False, deceptive, or misleading advertising by a licensee. (6) Failure to maintain, preserve and keep available for examination, all books, accounts, or other documents required by this article, state or federal law, or by any agreement entered into with the county. (7) Aiding, abetting, or conspiring with an individual to circumvent or violate any of the requirements of this article, state or federal law, relating to title loan agreements. (8) Refusal to permit inspection of books or records in an investigation or examination by the county or refusal to comply with a subpoena issued by the county. (9) Criminal conduct in the course of a licensee's business as a title lender. (10) Knowingly entering into a title loan agreement with a person under the age of eighteen (18) years. (11) Making any agreement requiring or allowing for the personal liability of a pledgor or the waiver of any of the provisions of this article. (12) Knowingly entering into a title loan agreement with any person who is under the influence of drugs or alcohol when such condition is visible or apparent, or with any person using a name other than his own name or the registered name of his business. (13 ) Entering into a title loan agreement in which the amount of money advanced in consideration for the loan secured by any single certificate of title exceeds one-third (~/s) of the value of the motor vehicle. The county, shall determine the method of assessing the value of the pledged property. (14) Failure to exercise reasonable care in the safekeeping of the certificate of title or motor vehicle repossessed pursuant to this article. Supp. No . 55 747 § 1-14-35 ST. LUCIE COUNTY CODE (15) Failure to return the certificate of title or motor vehicle taken into possession to a borrower, with any and all of the title lender's liens on the property properly released, within thirty (30) days of the payment of the full amount due, unless the property has been seized or impounded by an authorized law enforcement agency, taken into custody by a court, or otherwise disposed of by court order. (16) Charging or receiving any finance charge, interest, cost, or fee which is not permitted by this article. (17) Engaging in business as a title lender without first securing the required license. (18) Refusing to accept partial repayment of the amount financed when all accrued finance charges have been paid. (19) Charging a prepayment penalty. (20) Capitalizing any unpaid finance charge as part of the amount financed in the renewal of a title loan agreement. (21) Acting as a title loan lender in St. Lucie County three (3) months after the effective date of this article without a current, active license issued by the county pursuant to this article. (22) Engaging in any practice or transaction or course of business relating to the making of a title loan, negotiation, promotion, advertisement or hypothecation of a title loan transaction, directly or indirectly; and a. To knowingly or willingly employ any devise, scheme or article to defraud; b. To engage in any transaction, practice or course of business which operates as a fraud upon any person in connection with the purchase or sale of any title loan; c. To obtain property by fraud, willful misrepresentation of a future act or false promise. (23) In any manner within the jurisdiction of the county, to knowingly and willfully falsify, conceal or cover up by a trick, scheme or devise a material fact, make any false or fraudulent statement or representation, or make or use any false writing or document, knowing the same to contain any false or fraudulent statement or entry. (24) Commission of fraud, misrepresentation, concealment, dishonest dealing by trick, scheme or device, culpable negligence, or breach of trust in any title loan transaction which is within the jurisdiction of this County; or aiding, assisting, or conspiring with any other person engaged in any such misconduct and in furtherance thereof. (b) Upon a finding by the county that the licensee or applicant has committed any of the acts set forth in subsection (a) hereof, the county may enter an order and take one (1) or more of the following actions: (1) Deny the application for a license pursuant to this article. (2) Revoke or suspend a license previously granted pursuant to this article. Supp. No. 55 748 OFFENSES AND MISCELLANEOUS PROVISIONS § 1-14-37 (3) Place a licensee or applicant for a license on probation for a period of time and subject to such conditions as the county may specify. (4) Issue a letter of concern or reprimand. (5) Place permanent restrictions or conditions upon issuance or maintenance of a license pursuant to this article. (6) Impose an administrative fine not to exceed two thousand five hundred dollars ($2,500.00) for each violation of this article. (7) The county shall be entitled to a reasonable attorney's fees, including appellate fees and costs, in an action successfully enforcing any fine imposed under this article. (c) When the county has reasonable cause to believe that a licensee is operating in violation of this article, it may bring a civil action in any court of competent jurisdiction to enforce or administer this article including a temporary or permanent injunction, or appointment of a receiver. (d) The county may adopt regulations which set forth with specificity acts or practices which violate this article and which prescribe procedural rules for the administration of this article. (Ord. No. 99-25, Pt. A, 12-7-991 Sec. 1-14-36. Additional remedy to borrower, private right of action. Any borrower injured by a violation of this article may bring an action for recovery of damages including twice the interest previously paid and the forfeiture of all interest charged, or contracted to be charged or reserved. Said borrower may recover reasonable attorney's fees and costs of such action. An award may be entered for punitive damages. The remedies provided for under this article are in addition to any other procedures or remedies for any violation provided in any other law or ordinance. (Ord. No. 99-25, Pt. A, 12-7-99) Sec. 1-14-37. ~ansition period for regulations, restrictions, and licensure provi- sions. Each secondhand dealer operating as a title loan lender on the effective date of this article shall have three (3) months from the effective date of this article to comply with the regulations, restrictions, and licensure provisions of this article before the county may initiate any administrative or civil action, or refer a matter for criminal prosecution. (Ord. No. 99-25, Pt. A, 12-7-99) [The next page is 763] Supp. No. 55 749 Chapter 1-20.5 WATER AND SEWER Art. I. Regulation of Water and Sewer Utilities, §§ 1-20.5-1-1-20.5-34 Art. II. Water Shortage Plan, §§ 1-20.5-35-1-20.5-49 Art. III. Fluoridation of Water Systems, §§ 1-20.5-50, 1-20.5-51 Art. IV. Uniform Water and Sewer Service Policy, §§ 1-20.5-52-1-20.5-58 ARTICLE I. REGULATION OF WATER AND SEWER UTILITIES* Sec. 1-20.5-1. Standards for fire hydrant installation. Any water utility providing water service within unincorporated St. Lucie County shall comply with the following standards for water mains, lines or connections installed or replaced after the effective date of this section: (1) There shall be fire hydrants located and in service within six hundred (600) feet of each other in all areas zoned for single-family residential usage, multifamily, commercial, and industrial usage for flows requiring one thousand (1,000) gallons per minute. The hydrant spacing requirements shall be one thousand (1,000) feet for fire flows requiring five hundred (500) gallons per minute. (2) All fire hydrants shall be located within dedicated public or private rights-of-way, which shall be paved or readily traversable by firefighting equipment, with required minimum separation distance to be measured by roadway travel thereon. (3) All water mains intended and providing water for fire protection shall have a diameter of no less than eight (8) inches, except that lower sizes of not less than six (6) inches may be allowed by the St. Lucie County Fire District based on needed fire flow as determined by the fire district. (4) The minimum size water main(s) and fire flows shall be determined by the fire marshal and based on the current Insurance Service Office (ISO) requirements. (5) There shall be no requirements for the establishment of fire hydrants in areas zoned for agricultural usage. (6) For the purposes of this section, water utility means any private utility or public, governmentally owned utility operating providing water service in unincorporated St. Lucie County. (Ord. No. 99-22, Pt. A, 12-7-99) Secs. 1-20.5-2-1-20.5-34. Reserved. *Editor's note-Ord. No. 92-20, Pt. A, adopted May 19, 1992, repealed former Art. I, §§ 1-20.5-1-1-20.5-23, in its entirety. Former Art. I derived from Ord. No. 87-46, Pt. A, adopted Sept. 8, 1987; Ord. No. 90-44, Pt. A, adopted Sept. 18, 1990; Ord. No. 91-25, Pt. A, 10-15-91. Supp. No. 55 1095 § 1-20.5-35 ST. LUCIE COUNTY CODE AR.TICLE II. WATER SHORTAGE PI.AN* Sec. 1-20.5-35. Intent and purpose. It is the intent and purpose of this article to protect the water resources of the county from the harmful effects of overutilization during periods of water shortage and allocate available water supplies by assisting the South Florida Water Management District in the implemen- tation of its water shortage plan. (Ord. No. 89-30, Pt. A, 5-23-89) Sec. 1-20.5-36. Definitions. For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural include the singular and words in the singular include the plural. The word "shall" is always mandatory and not merely directory. District is the South Florida Water Management District. Person is any person, firm, partnership, association, corporation, company or organization of any kind. Water resource means any and all water on or beneath the surface of the ground, including natural or artificial water courses, lakes, ponds or diffused surface water, and water percolating, standing or flowing beneath the surface of the ground. Water shortage condition is when sufficient water is not available to meet present or anticipated needs of persons using the water resource, or when conditions are such as to require a temporary reduction in total water usage within a particular area to protect the water resource from serious harm. A water shortage usually occurs due to drought. Water shortage emergency means that situation when the powers which can be exercised under part II of Chapter 40E-21, Florida Administrative Code, are not sufficient to protect the public health, safety, or welfare, or the health of animals, fish or aquatic life, or a public water supply, or commercial, industrial, agricultural, recreational or other reasonable uses. (Ord. No. 89-30, Pt. A, 5-23-89) Sec. 1-20.5-37. Application of article provisions. The provisions of this article shall apply to all persons using the water resource within the geographical areas subject to the "water shortage" or "water shortage emergency," as *Cross reference-Water, Ch. 2-17. State law references-Regulation of water use and allocation of available water supplies during periods of water shortage, F.S. Ch. 373; water shortage plan, Ch. 40E-21, Florida Administrative Code. Supp. No. 55 1096 WATER AND SEWER § 1-20.5-41 determined by the district, whether from public or privately owned water utility systems, private wells, or private connections with surface water bodies. This article shall not apply to persons using treated effluent or saltwater. (Ord. No. 89-30, Pt. A, 5-23-89) Sec. 1-20.5-38. Amendments to water shortage plan. Chapter 40E-21, Florida Administrative Code, as the same may be amended from time to time, is incorporated herein by reference as a part of the Code of Ordinances of the county (Ord. No. 89-30, Pt. A, 5-23-89) Sec. 1-20.5-39. Declaration of water shortage; water shortage emergency. The declaration of a water shortage or water shortage emergency within all or any part of the county by the governing board or the executive director of the district shall invoke the provisions of this article. Upon such declaration, all water use restrictions or other measures adopted by the district applicable to the county, or any portion thereof shall be subject to enforcement action pursuant to this article. Any violation of the provisions of Chapter 40E-21, Florida Administrative Code, or any order issued pursuant thereto, shall be a violation of this article. (Ord. No. 89-30, Pt. A, 5-23-89) Sec. 1-20.5-40. Enforcement. Every police officer, sheriff, or fire marshal having jurisdiction in the area governed by this article shall, in connection with all other duties imposed by law, diligently enforce the provisions of this article. In addition, the county administrator may also delegate enforcement responsibility for this article to agencies and departments of county government, or cities in the service areas governed by this article, in accordance with state and local law. (Ord. No. 89-30, Pt. A, 5-23-89; Ord. No. 99-22, Pt. A, 12-7-99) Sec. 1-20.5-41. Penalties. Violation of any provision of this article shall be subject to the following penalties: (1) First violation: ~venty-five dollars ($25.00). (2) Second and subsequent violation: Fine not to exceed five hundred dollars ($500.00) and/or imprisonment in the county jail not to exceed sixty (60) days. Each day in violation of this article shall constitute a separate offense. In the initial stages of a water shortage or water shortage emergency, law enforcement officials may provide violators with no more than one (1) written warning. The county, in addition to the criminal sanctions contained herein, may take any other appropriate legal action, including, but not limited to, emergency injunctive action, to enforce the provisions of this article. (Ord. No. 89-30, Pt. A, 5-23-89) Supp. No. 55 1097 § 1-20.5-42 ST. LUCIE COUNTY CODE Sec. 1-20.5-42. Water users to accept provisions of article. No water service shall be furnished to any person by a public or private utility unless such person agrees to accept all the provisions of this article. The acceptance of water service shall be in itself the acceptance of the provisions thereof. (Ord. No. 89-30, Pt. A, 5-23-89) [The next page is 1113] Supp. No. 55 1098 BUILDINGS AND BUILDING REGULATIONS § 2-5-6 (7) The contractors examining board shall review and approve or deny applications for county certificates of competency as established by resolution of the board of county commis- sioners. (8) The contractors examining board as established herein shall also constitute the members of the construction board of adjustment and appeals as described in Chapter 108 of the Standard Building Code, 1994 ed., as may be amended from time to time. The contractors examining board when meeting as the construction board of adjustment and appeals shall follow the procedures set forth in the standard building code except for those procedures related to the appointment of the members which are inconsistent with those provided for herein. In addition, only one (1) of the consumer representatives of the contractors examining board shall serve on the construction board of adjustment and appeals. Each January the contractors examining board shall select one (1) of the sitting consumer representatives on the contractors examining board to serve on the construction board of adjustment and appeals. (Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 93-10, Pt. C, 5-11-93; Ord. No. 96-013, Pt. A, 5-28-96; Ord. No. 98-022, Pt. A, 10-20-98) Sec. 2-5-5. Certificate of competency required. Any person, other than a certified contractor as defined in this article, desiring to engage in or work at the business or occupation of contractor, as defined in this article, in the unincorporated areas of St. Lucie County shall not engage in said occupation or business until such person has first obtained a certificate of competency as provided in this article, and has registered in the proper classification with the State of Florida Department of Professional Regulation pursuant to the provisions of Chapter 489, Florida Statutes. (Ord. No. 92-04, Pt. B, 4-7-92) Sec. 2-5-6. Display of state registration and county certi~cation numbers. Any contractor regulated pursuant to this article shall include its St. Lucie County certification number, and if required to be registered as a contractor by the State of Florida shall only be required to display its State of Florida registration number in any newspaper, airwave transmission, phone directory, other advertising medium that is primarily circulated, displayed, distributed or marketed within St. Lucie County and offers services of the contractor which are regulated by this article. For the purpose of this article, the term "advertise" shall apply to business cards, business stationary, business proposals, contracts, construction site signs, handbills, billboards, flyers, trade association publications, classified advertisements, and manufacturer's authorized dealer listings, and signs on vehicles, but shall not include balloons, pencils, pens, hats, articles of clothing or other promotional novelties, or free phone directory listings of one (1) to three (3) lines which display only the contractor's name and telephone number in whole or in part unbolded or unhighlighted print or without further textual or pictorial elaboration in the overall display. All contractors licensed under this article shall prominently display the contractor's name or name of the business organi Supp. No. 55 2445 § 2-5-6 ST. LUCIE COUNTY CODE zation for which he is qualifying agent and the contractor's state registration number or county certification number if they are not required to be registered as a contractor by the State of Florida on all contractor-owned motor vehicles used in transporting equipment and/or materials to a construction site, when the vehicle is on a construction or job site. The minimum height of each number or letter shall be two (2) inches. This information shall be affixed and plainly visible in two (2) locations on each such motor vehicle. (Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 93-10, Pt. D, 5-11-93; Ord. No. 99-24, Pt. A, 7-27-99) Sec. 2-5-7. Fees. All fees required hereunder shall be established by resolution of the board of county commissioners. (Ord. No. 92-04, Pt. B, 4-7-92) Sec. 2-5-8. Examination of applicant. (1) All applicants for a county certificate of competency shall be required to take and pass a TechnicaUCompetency examination and a Business and Law Examination or a general specialty examination when a TechnicaUCompetency Examination is not available. The Examinations shall be approved by the examining board. An applicant shall obtain a passing grade of seventy (70) per cent or higher before his application will be presented to the examining board for review. (2) The TechnicaUCompetency Examination, the Business and Law Examination, and general specialty examination shall be conducted annually at a minimum of four (4) times. (3) An applicant for a county certificate of competency that has taken and passed both the TechnicaUCompetency Examination and the Business and Law Examination or general specialty examination in another jurisdiction and obtained a grade of seventy (70) per cent will be exempt from the examination requirements, provided that applicant provides the examin- ing board with an original letter of reciprocity from the licensing official in the jurisdiction where the examinations were administered and the examinations were for the type and class of contracting for which application is being made. The letter of reciprocity shall be in accordance with the requirements set forth herein. (Ord. No. 92-04, Pt. B, 4-7-92; Ord. No. 93-10, Pt. E, 5-11-93; Ord. No. 96-24, Pt. A, 10-15-96) Sec. 2-5-9. Procedure for obtaining certi~cate of competency. A contractor's certificate of competency shall be obtained in the following manner: (1) Any person or firm required or desiring to be qualified as a contractor shall submit an application on a form prescribed by the appropriate examining board. The examining board shall retain the application and all supporting documents. (2) Only completed applications shall be accepted by the community development admin- istrator for review. The application shall include the following information: a. The name, address, and telephone number of the applicant. Supp. No. 55 2446 BUILDINGS AND BUILDING REGULATIONS § 2-5-9 b. The nature of the applicant's proposed contracting business. c. The type of certificate for which the applicant is applying. d. A list of all businesses owned and operated or managed by the applicant or in which the applicant has had an interest during the past five (5) years and the addresses of those businesses. e. Three (3) letters of recommendation from reputable business or professional persons, not related by blood or marriage to the applicant. At least one (1) of the letters of recommendation shall be from a contractor certified or registered by the State of Florida or the state in which the applicant most recently resided before becoming a resident of the State of Florida, and shall have the contractor's license number included in the letter. These letters of recommendation shall address the applicant's knowledge, experience, and ability as a contractor. f. A sworn statement that the applicant has not been convicted of a misdemeanor involving moral turpitude, a felony during the past five (5) years, or a finding of violation by the Florida Department of Professional Regulation, the Florida Construction Industry Licensing Board, and/or the Florida Electrical Contractors' Licensing Board, and that he is not presently charged with committing a misdemeanor involving moral turpitude or a felony. If the applicant has been so convicted or charged, he shall specify the details of the conviction(s) or charge(s). g. Proof of having obtained a score of seventy (70) per cent or higher on the required contractor competency examination or the required general specialty examina- tion certificate of competency as a type of contractor which is not required to Supp. No. 55 2446.1 Ordinance Number 95-45 95-46 96-04 96-05 96-06 96-08 96-009 96-013 96-15 96-23 96-24 96-026 96-29 Supp. No. 55 CODE DISPOSITION TABLE Subject Section Pt. B Drug abuse trust Pt. A fund Pt. B Pt. C County public li- 1-5 brary system 6 Life support ser- Pt. A vices Cross connection Pt. A control policy Parking restricted Pt. A on certain streets Licensure of mo- Pt. A tor carriers Abandoned prop- Pt. A erty, garbage, Pt. B trash, junk and Pt. C debris Pt. D Licensing and ex- Pt. A amination of con- tractors Encourage eco- nomic develop- ment in the county Teen court, juve- Pt. A nile assessment center Examination of Pt. A contractors Educational facil- Pt. A ities impact fees Bicycle safety Pt. A Disposition 2-5-3(19) Ch. 1-7, Art. 11 (titJ 1-7-22 1-7-23 Added 1-11-1-1-11-5 Rpld 1-11-1-1-11-8 Added 1-12.5-1- 1-12.5-19 1-10-35-1-10-37 1-20-17 Rpld 1-13.3-16- 1-13.3-24 Added 1-13.3-16- 1-13.3-26 1-9-16 1-9-17 1-9-18 1-9-19 2-5-2(1), (3), 2-5-4(3)-(5), 2-5-9(2)g, 2-5-10(1), (2), (4), 2-5-13(1), (2), (5), 2-5-14(2), 2-5-15(1), (3), (4), 2-5-16, 2-5-17(2), (3), 2-5-19(4), 2-5-21, 2-5-22 1-7-11, 1-7-12 2-5-8 1-6.5-56 1-20-61 3752.1 Ordinance Number 97-02 97-03 97-05 97-06 97-009 97-14 97-15 97-017 97-20 97-22 97-25 97-26 97-28 97-32 97-43 98-006 ST. LUCIE COLTNTY CODE Subject Section Funding for juve- nile assessment center Cable franchise or- Pt. A dinance Legal aid fund Pt. A-C Pt. D Tourist develop- Pt. A ment council Amends land de- velopment code Tourist develop- Pt. A ment tax Local option mo- Pt. A tor fuel tax Road impact fees Pt. A Municipal service Pt. A taxing or benefit Pt. B units Pts. C, D Moratorium on applications for building and con- ditional use per- mits Courts Discretionary Pt. A sales surtax Pt. F Combat automo- Pt. A bile theft program Alarm system per- Pt. A mit fees Competitive bid- Pt. A ding Water control and Pt. A water safety Disposition 1-5.5-6-1-5.5-61 1-7-2-1-7-4 1-7-10 1-19.5-22 1-19.3-30, 1-19.3-31 1-19.3-41 -1-19.3-43 1-17-29 1-13.5-5(d) 1-13.5-7 1-13.5-14, 1-13.5-15 1-7-6.5, 1-7-7 Added 1-19.3-71- 1-19.3-75 Rpld 1-19.3-71- 1-19.3-77 1-18-2 1-2.5-10 1-2-41 1-5-1-1-5-10 Supp. No. 55 3752.2 CODE DISPOSITION TABLE Ordinance Number Subject Section Disposition 98-09 Cable television Pt. A 1-5.5-9-1-5.5-12, franchise ordi- 1-5.5-15, nance 1-5.5-19, 1-5.5-23, 1-5.5-29, 1-5.5.30, 1-5.5-33, 1-5.5-35, 1-5.5-37, 1-5.5-38, 1-5.5-4 1, 1-5.5-42, 1-5.5-45 98-10 Historical commis- Pt. A 1-16-41, 1-16-42, sion 1-16-44 98-11 Procedure for cre- Pt. A 1-13.5-7(d) ation of munici- pal service bene- fit units 98-12 Historical commi- Pt. A 1-16-42 98-019 sion Amends land de- velopment code 98-020 Amends land de- velopment code 98-021 Road impact fees Pt. A 1-17-31, 1-17-39 98-022 Contractors exam- Pt. A 2-5-4 ining board 98-25 Maximum fee for Pt. A 1-20-16(c) towing of immobi- lized, wrecked ordisabled vehi- cles 99-002 Amends land de- velopment code 99-07 Art; art in public Pt. A 1-4.5-1-1-4.5-5 places 99-09 Law enforcement Pts. A-D 1-7-1-1-7-4 training fees; law library fees Pt. E 2-10-17 99-10 Alarm systems Pt. A 1-2.5-3 Pts. B-H 1-2.5-7-1-2.5-13 Supp. No. 55 3752.3 ST. LUCIE COUNTY CODE Ordinance Number Subject Section Disposition 99-11 Longevity and Pts. 1, B 1-2-16.1, 1-2-16.2 special recognition awards to county employees; food and non-alcoholic beverage expendi- tures 99-13 Encourages eco- nomic develop- ment in the county 99-016 Amends land de- velopment code 99-21 Local option mo- Pt. A 1-19.3-41, tor fuel tax 1-19.3-43 99-22 Standards for fire Pt. A 1-20.5-1,1-20.5-40 hydrant installa- tion; enforcement 99-24 Display of state Pt. A 2-5-6 registration and county certi~ca- tion numbers 99-25 Motor vehicle ti- Pt. A 1-14-30-1-14-37 tle loans 99-27 Civil traffic infrac- Pt. A 1-7-13 tion fund 99-029 Reserve Commu- Pt. A 1-6.5-70 nity Development -1-6.5-73 District #2 Supp. No. 55 3752.4 F.S. Section 163.3161-163.3211 163.3178 163.3201 163.3202 Ch. 177 186.901 Ch. 189 Ch. 190 190.005 Ch. 192 192.091(2)(b)2 Ch. 196 196.295 Ch. 197 197.322 197.363 197.3632 197.3635 205.171(4) Ch. 206 Ch. 212 Ch. 212, Pt. I 212.03 212.054 212.054(2)(b) 212.055(2) 212.055(2)(c) Ch. 214 218.62 220.15(5) 235.19 235.193 Ch. 257 Ch. 286 Ch. 287 287.055 287.055(2)(j) 287.055(10)(c) Ch. 293 Ch. 294 Ch. 316 316.006(3) Supp. No. 55 STATUTORY REFERENCE TABLE Section this Code 1-20.56-4(3) 1-6 1-11-11, 1-15-31, 1-16.3-11, 1-16.3-12 1-6.5-52(d),1-11-11, 1-11-12, 1-15-31, 1-15-32, 1-16.3-11, 1-17-26(c) 1-5.5-10 1-12-22(1) 2-6-21 1-6.5-24 Ch. 1-6.5, Art. III, 1-6.5-21 1-19.3-54 1-13.5-10(i)(3) 1-19.3-54 1-6.5-57(b) 1-13.5-10(i), 2-6-23 1-13.5-10(i) 1-13.5-10(i)(6) 1-13.5-6(g), 1-13.5-7, 1-13.5-10(i), 1-13.5-11 1-13.5-6(g), 1-13.7-7, 1-13.5-10(i), 1-13.5-11 1-12-26(d) 1-19.3-41, 1-19.3-81 1-19.3-30-1-19.3-32 1-19.3-54, 1-19.3-32(b) 1-19.3-30 1-19.3-71 1-19.3-54 1-19.3-51, 1-19.3-71 1-19.3-72 1-19.3-55, 1-19.3-73 1-19.3-54 1-19.3-55, 1-19.3-73 1-19.3-55 1-6.5-51(b) 1-6.5-51(b), 1-6.5-52(c) 1-11-3, 1-11-5 1-6.8-25 1-2-41 1-2-48(b) 1-2-48(a) 1-2-45 1-7-3 1-7-3 1-13.8-19(1)(e), 1-7-12 Ch. 1-20(note) 3829 ST. LUCIE COUNTY CODE F.S. Section Section this Code 316.008 Ch. 1-20(note) 316.008(6) 1-18-2 316.0261 Ch. 1-20(note) 316.121 Ch. 1-20(note) 316.189(2) 1-20-1 316.193 1-7-22(a), 1-13.3-20 316.194 1-20-16 316.1958 1-2.3-22, 1-20-26, 1-20-27 316.660 1-7-12 3162065(3)(d), (16) 1-20-61 318.14 1-7-12 318.18(1~318.18(6) 1-7_g 31821 1-7-12 320.0848 1-2.3-22 320.084 1-20-26, 1-20-27 320.0842 1-20-26, 1-20-27 320.0843 1-20-26, 1-20-27 320.0845 1-20-26, 1-20-27 Ch. 324 1-13.3-20 Ch. 327 1-7.6-38 327.60(2) Ch. 1-7.6, Art. II(note) 327.72, 327.73 1-5-10 Ch. 334-336 1-17-25 334.03(7) 1-17-34 336.021 1-17.3-81 336.025 1-19.3-41 336.025(4) 1-19.3-42(a) 336.025(5)(b) 1-19.3-42(b) 341.102 1-13.3-17 344.03(13), (18) 1-17-34 364.3375 1-12-54 365.171(13) 1-2-2 370.08(2) 1-8-1 Ch. 380 1-6.5-52(d) 380A3 Ch. 1-16(note) 380.06 1-6.5-73, 1-11-18(a), 1-15-38(a), 1-16.3-18(a) 380.06(15) 1-17-25 380.06(16) 1-6.5-52(d), 1-6.5-57(d), 1-11-11, 1-11-18(c), 1-15-32, 1-15-38(c), 1-16.3-12, 1-16.3-18(c), 1-17-26(c) 380.061 1-6.5-73 Ch. 381 1-7.6-34(a)(3) 381.031(1)(g)(3) Ch. 1-9(note) Ch. 386 1-7.6-34(a)(3) Ch. 395 1-12.5-3, 1-12.5-6, 1-12.5-7, 1-12.5-9 Ch. 401 1-12.5-1, 1-12.5-7, 1-12.5-9, 1-12.5-17 40125 1-12.5-3 Supp. No. 55 3830 F.S. Section 401.255(1) 401255(2)(c) 401.255(2)(d) 401.255(2)(g) 401.255(2)(h) 401.26(2) 401.281 401.44 Ch. 403 420.9072 Ch. 471 471.023 474.202 Ch. 481 481.219 481229(1)(b) 481.319 Ch. 489 489.105(4), (5) 489.119 489.131 Ch. 538, Pt. I 538.03(1)(a) 561.01(4)(b) 561.01(15) Ch. 527 Ch. 562 Ch. 567 Ch. 568 Ch. 588 Ch. 616 Ch. 679, Pt. V 696.05 Ch. 713 767.10-767.14 767.ll(1) 767.13 775.08 775.082 775.083 775.084 790.07 Ch. 796 806.101 Ch. 828 828.05 828.055 828.058 Supp. No. 55 STATUTORY REFERENCE TABLE 3831 Section this Code Ch. 1-10, Art. II(note) 1-10-22(c)(1) 1-10-22(c)(2) 1-10-22(c)(5) 1-10-22(c)(6) 1-10-22(c)(6) 1-10-22(c)(3) 1-2.5-3 1-7.6-34(a)(3), 1-13.8-19(1)(e) Ch. 1-10.5, Art. IV 1-2-47, 2-5-3 1-2-47 2-3-31(e) 1-2-47, 2-5-3 1-2-47 2-5-3 1-2-47 1-6.8-22, 2-5-5, 2-5-20 1-6.8-22 1-2-47 2-5-4(g) 1-14-30 1-14-30 1-3-5 1-3-1 2-5-3 1-7-22(a) 1-7-22(a) 1-7-22(a) 1-4-22 1-12-35 1-14-33 2-1-4 2-5-20 1-4-20(a) 1-4-20(c) 1-4-20(i) 1-4-26, 2-3-33, 2-6.5-16 1-4-20(g), (i), 1-6.8-23 1-4-20(g), (i), 1-6.8-23 1-4-20(i) 1-7.8-19(c)(1) 1-13.3-20 1-2.5-3 2-3-34 1-4-23 1-4-23 1-4-23 ST. LUCIE COUNTY CODE F.S. Section Section this Code 82827 1-4-27 82827(2) 1-4-24(d) 837.06 1-7.8-17(p) 847.07(2) 1-14-2 847.09(1) 1-14-2 847.013(4) 1-14-2 856.011 1-7-22(a) 856.015 1-7-22(a) 865.09 2-5-9 Ch. 893 1-7-21, 1-7-22, 1-7.8-17(h), 1-7.8-19(d) 893.02 1-13.3-20 893.13 1-7-20, 1-7-22(a) 893.165 1-7-20 938.01(1) 1-7-1 938.15 1-7-1 939.18 1-7-6.5 943.10 2-3-31(e) 943.12 1-20-26 94325(4) 1-7-1 94325(13) 1-20-32 993.02 1-13.3-24 Laws of Fla. Section this Code 57-1790 1-7-6 71-895 1-7-6 85-255 1-7-8(a) 87-239, § 2 1-19.3-51, 1-19.3-55 [The next page is 3849] Supp. No. 55 3832 CODE INDEX Section A ABANDONMENT Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq. See: GARBAGE, TRASH AND REFUSE ACCIDENTS Airports and aircraft; regulations of vehicular traffic ........ 1-2.3-39 AD VALOREM TAX. See: TAXATION ADMINISTRATOR. See: COUNTY ADMINISTRATOR ADVERTISING Advertising space renters ....................................... 1-12-31 Handbill distribution regulations Definitions . . . .. . . . . .. .. . .. . . .. . . .. . .... ... .. . . . . . . . . . . . . . . . . . . . . 1-14-22 Di strib uti on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14- 21 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14-25 Exemptions . . . . . .. ... . . ... . ... . ... . .... ... .. . . .. . . . . . . . . . . . . . . .. 1-14-24 Residential premises, distribution on ........................ 1-14-23 Promotion of county, advertising for .... .... ........... ........ 2-2-1 Referendum on sale surtax advertisement .................... 1-19.3-75 AGED PERSONS Occupational license taxes and regulations; exemption...... 1-12-25 AGENCIES. See: DEPARTMENTS AND OTHER AGENCIES OF COUNTY AGREEMENTS. See: CONTRACTS AND AGREEMENTS AIR BOATS Savannahs, airboats prohibited in .............................. 2-4-1 AIR POLLUTION Generally .......................................................... 2-9-1 AIRPORTS AND AIRCRAFT Definitions ........................................................ 1-2.3-1 Vehicular traffic and parking Accidents . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-39 Airport movement area, authority to operate vehicular traffic on .. .. .. .. . . . . . . . .. . . . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . .. 1-2.3-28 Certain vehicular traffic prohibited .......................... 1-2.3-25 Contractor's access and operations on airport movement area . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2 .3-41 Disabled persons, parking for ....................... ..... .... 1-2.3-22 Emergency vehicles . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-36 Entry to airport movement area or restricted areas ....... 1-2.3-26 Generally ....................................................... 1-2.3-17 Identification card and pouch ................................ 1-2.3-27 Motor vehicle and operator licenses Generally . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-21 Operator's license ................................ ........... 1-2.3-33 Supp. No. 55 3849 ST. LUCIE COUNTY CODE Section AIRPORTS AND AIRCRAFT (Cont'dJ Occupants of vehicles ................................... ....... 1-2.3-37 Operations near aircraft ...................................... 1-2.3-31 Parking for certain purposes prohibited . . ... . .. .... ... .. . ... 1-2.3-20 Parking on airport movement area .......................... 1-2.3-38 Reckless driving ................................................ 1-2.3-34 Restricted use zones . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 1-2.3-23 Runways and taxiways, crossing ............................. 1-2.3-30 Sexvice and repair of motor vehicles on airport movement area ......................................................... 1-2.3-40 Stopping or parking prohibited ............................... 1-2.3-18 1~vo-way radio requirements ................................. 1-2.3-32 Vehicle speed ................................................... 1-2.3-24 Vehicles not to obstruct traffic ................................ 1-2.3-19 Yielding to aircraft ............................................. 1-2.3-29 ALARM SYSTEMS Alarm permit Application ...................................................... 1-2.8-9 Fee-nontransferable ........................................... 1-2.5-11 Issuance ......................................................... 1-2.5-11 Required ........................................................ 1-2.5-8 Automatic dialing service Interconnection to trunk line . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2.5-4 Operating instruction service ................................. 1-2.5-5 Definitions ........................................................ 1-2.5-3 E-9 11 system ...................................................... 1-2-2 Equipment operation and maintenance .................... .... 1-2.5-7 Excessive false alarm signals Disbursement of service charges ............................. 1-2.5-14 False alarm dispatch charge; collection ..................... 1-2.5-13 Generally ....................................................... 1-2.5-12 Law enforcement agencies and/or fire department Direct connections to .......................................... 1-2.5-6 Purpose ............................................................ 1-2.5-1 Short title ......................................................... 1-2.5-1 ALCOHOLIC BEVERAGES Alcohol and other drug abuse trust funds . . . . . . . . . . . . . . . . . . . . . 1-7-20 et seq. County property, on .............................................. 1-15-23 Hours of sale regulated .......................................... 1-3-1 Open containers, regulated Definitions ...................................................... 1-3-5 Inapplicability .................................................. 1-3-7 Motor vehicles Possession or consumption prohibited ........ ............ 1-3-6 Specified sexual activities in commercial establishments Certain activities prohibited .................................. 1-3-1 4 Definitions ...................................................... 1-3-13 Dressing rooms, use of ........................................ 1-3-15(b) Hotel or motel bedrooms or suites ......................... 1-3-15(c) Supp. No. 55 3850 CODE INDEX Section ALCOHOLIC BEVERAGES (Cont'dJ Restrooms, use of ............................................ 1-3-15(a) Exemptions ....................... ................... ........ ... 1-3-15 Findings if fact ................................................. 1-3-11 Intent ............................................................ 1-3-12 Legislative authorization ...................................... 1-3-10 Proof . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-3-16 Violations and penalties ....................................... 1-3-17 AMBULANCES Life support services .............................................1-12.5-1 et seq. AMUSEMENTS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) ANIMALS AND FOWL (Domestic animal, fowl, livestock, reptiles, amphibians, etc.) Animal care ....................................................... 1-4-23 Animal control Authority to enact ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3-32 Definitions . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3-34 Ordinance relating to animal control .... . . . . . . .. . . . . .. .. . . . . 2-3-34 Refusal to sign or accept citation ............. ....... ........ Beaches, on ........................................................ 2-3-33 1-15-25 Care, animal ...................................................... 1-4-23 Dangerous dogs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4-20 Dead animals; disposal .......................................... 1-4-23(h) Definitions ........................................................ 1-4-16 Disposition of dogs, cats, livestock found running at large .. 1-4-22 Dogs, cats and livestock Appropriations authorized . . . ... . . . . . .. .... .. . . . .. . . . . . . . . .. . . 2-3-20 Expenditures authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3-20 Humane society, agreements authorized ... .. ....... ........ 2-3-19 Impoundment Authorized ................................................... 2-3-18 Rabies vaccination required .................................. 1-4-24, 2-3-17 Rules authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-3-20 Running at large Unlawful to permit .......................................... 2-3-16 Sterilization .................................................... 2-4-25 Violations, penalty ............................................. 2-3-2 1 Enforcement, penalties; mandatory court appearances ...... 1-4-26 Estrus, animals in ................................................ 1-4-18 North Beach, dogs prohibited on Exceptions ...................................................... 1-15-2 Public nuisance prohibited ........................ ...... ..... ... 1-4-17 Restraint .......................................................... 1-4-2 1 Sterilization of animals adopted from county-funded adop- tion agencies required ...................................... 1-4-25 Supp. No. 55 3851 ST. LUCIE COUNTY CODE Section ANIMALS AND FOWL (Domestic animal, fowl, livestock, reptiles, amphibians, etc.) (Cont'd.) Training requirement for animal control officers .... ... .. .. .. 1-4-27 ~avelling animal show Permit required .. .... ... ............ .. .. ... ... .. . ... .... . .. . .. . 1-4-28 ~avelling animal shown Permit required . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4-28. Vaccination against rabies, duty of dog, cat owners .......... 1-4-24 Vicious animals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-4-19 ANNUAL BUDGET Ordinances and resolutions not affected by Code ............. 1-1-3 APARTMENT HOTELS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) APPEALS Code enforcement board . .. .... .... ........... .... . . . . .. .. . ... . . . 1-2-19 et seq. See: CODE ENFORCEMENT BOAR,D Contractors (unlicensed); appellate review . . . . . . . . . . . . . . . . . . . . 1-6.8-27 APPROPRIATIONS Ordinances and resolutions not affected by Code ............. 1-1-3 ART Art in public places Art in public places program ................................. 1-4.5-2 Art in public places trust fund .. .. .. ..... .. .. . .......... . .... 1-4.5-3 Compliance with state and federal laws .................... 1-4.5-5 Definitions ...................................................... 1-4.5-1 Ownership and maintenance of artworks . . . . . . . . . . . . . . . . . . . 1-4.5-4 ASSESSMENTS. See also: TAXATION Municipal service taxing units ..................................1-13.5-1 et seq. See: MUNICIPAL SERVICE TAXING UNITS ASSOCIATIONS Person defined to include ........................................ 1-1-2 ATHLETICS Beachfront parks; athletic games on beaches restricted ..... 1-15-25 Supp. No. 55 3852 CODE INDEX Section BUILDINGS (Generally) (Cont'dJ Fees ............................................................. 2-5-7 Intent ............................................................ 2-5-1 Prohibited activities ........................................... 2-5-19 Public buildings impact fee ....................... ... .. .........1- 16.3-11 et seq. State registration, county certification numbers; display of 2-5-6 Swimming pools .................................................. 1-6-6 1 Unsafe buildings and structures Appropriation of expenses .. .. . . .. . . . . . . . . . . . . . . .. . . . . . . . . . ... 2-5-44 Authority to declare buildings unsafe .... .. ................. 2-5-41 Enforcement proceedings ..................................... 2-5-45 Inspection of structures Report ........................................................ 2-5-42 Notice of hearing Corrective actions ........................................... 2-5-43 Right to appear in person or by counsel before board ..... 2-5-46 Violations; penalties ........................................... 2-5-4 7 Zoning and building regulations ................................ 2-14-33 et seq. See: PLANNING BUSINESSES Occupational license ta~ces and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) C CABLE TELEVISION (Franchise) Acceptance by transferee .......... ............... ............... 1-5.5-18 Annual construction report required . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-27 Applicability; grant of authority . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-9 Application for grant, renewal, modification, transfer ....... 1-5.5-11 Changes in ownership/control ................................... 1-5.5-14 Conflict of laws . .. . . .. . . . . . . .. . . . .. . . ... . .. .. .. . . . . .. .. .. .. . . . . .. . 1-5.5-20 Consent not a waiver ............................................ 1-5.5-16 Construction bond . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-34 Construction practices .. ...................... .. ................. 1-5.5-39 Continuity of service mandatory ................................ 1-5.5-49 County ownership authorized ................................... 1-5.5-55 Customer service requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-41 Administration of customer service . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-42 Definitions ........................................................ 1-5.5-10 Design; minimum facilities, services . . . . . . . . .. . . . .. .. . . . . .. .. . . 1-5.5-35 Discrimination prohibited .... ................ ... ................ 1-5.5-44 Duration . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-23 Errors, procedure for correction ................................ 1-5.5-58 Fee and forfeiture ................................................ 1-5.5-17 Fines, schedule of ................................................ 1-5.5-42 Force majeure ..................................................... 1-5.5-60 Franchise characteristics, rights, obligations ................. 1-5.5-19 Government channels, facilities ................................ 1-5.5-37 Supp. No. 55 3854.1 ST. LUCIE COUNTY CODE Section CABLE TELEVISION (Franchise) (Cont'd.) Grant of franchise; evaluation . .. . .. . . .... .. .. .. . ... .. . .. ... . .. . 1-5.5-12 Hearing rules ........... .. .. . .. . . .. . . . .. .... ........ .... ... . . .. ... 1-5.5-57 Indemnification ................................................... 1-5.5-3 1 Incorporation in Code . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-7 Insurance .......................................................... 1-5.5-32 Intent, purpose ................................................... 1-5.5-8 Joint use of poles ................................................. 1-5.5-2 8 Libraries, service to .............................................. 1-5.5-36 Nonexclusive, franchise .......................................... 1-5.5-21 Operation, relocation of franchisee's property . . ... ... .. ... . .. . 1-5.5-25 Overlapping applications . . . .. .... .. . ..... .... ..... .. .. .. .. .... .. 1-5.5-22 Payments, franchise .............................................. 1-5.5-2 9 Performance by county upon failure of franchise . . . . . . . . . . . . . 1-5.5-26 Performance evaluation .......................................... 1-5.5-51 Permit required, construction ................................... 1-5.5-40 Privacy, subscriber ............................................... 1-5.5-43 Public streets and ways, use of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-24 Rates and charges ................................................ 1-5.5-5 0 Refunds to subscribers, schedule of . ..... .. . . . . . ... . .. .. . .. . .. . 1-5.5-42 Renewals .......................................................... 1-5.5-13 Reports, records .................................................. 1-5.5-3 0 Reservation of rights ............................................. 1-5.5-6 1 Revocation, county's right of .. . .. .... .. .. . .. . . .. .... .. ... ... .. . . 1-5.5-45 Revocation, suspension, procedures for . . . . . . . . . . . . . . . . . . . . . . . . 1-5.5-46 Rights reserved to franchise .................................... 1-5.5-54 Schools, service to ................................................ 1-5.5-3 6 Security fund/corporate guarantee . . .... .... ........ ...... . .... 1-5.5-33 Short title ......................................................... 1-5.5-6 Submission to county; filing ..................................... 1-5.5-56 Technical standards; construction procedures ................. 1-5.5-38 Termination, expiration .......................................... 1-5.5-48 Theft of services; tampering ..................................... 1-5.5-59 ~ansfers of control; application, consent ...................... 1-5.5-15 CAFES Occupational license taxes and regulations enumerated..... 1-12-37 CAMPING Parks and recreation Overnight camping regulated; permit required ............ 1-15-19 CANALS Unlawful deposits ................................................ 2-17-1 CEMETERIES Occupational license t~es and regulations enumerated..... 1-12-34 Supp. No. 55 3854.2 CODE INDEX Section COMMUNITY DEVELOPMENT (Cont'd.) Established ..................................................... 1-6.5-31 Initial board of supervisors . . . . .. . . .. . . . . .. .. . . .. . . . . . . .. . . . . . 1-6.5-33 Special conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-34 Pine Valley Community Development District Authority for adoption of provisions .. .. .. . . . . . . . . .. .. . . . .. .. 1-6.5-21 Established; boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-22 Governance by Florida Statutes .............................. 1-6.5-24 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-23 Reserve Community Development District Boundaries ...................................................... 1-6.5-36 Established .......................... ........................ ... 1-6.5-35 Initial board of supervisors . .. . . .. . ... . . . .. .. . . .. . . . . . .. .. . .. . 1-6.5-37 Name . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-35 Special conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-38 Reserve community development district #2 Boundaries . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-71 Established; name .............. .... ............ .. .. ... ........ 1-6.5-70 Initial board of supervisors . .................................. 1-6.5-72 Special conditions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.5-73 COMMUNITY TELEVISION COMPANIES Occupational license taxes and regulations ................... 1-12-40 COMPENSATION PROGRAM. See: OFFICERS AND EMPLOY- EES COMPILED LAWS Compilation of special acts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1-1 et seq. COMPREHENSIVE PLAN Provisions enumerated ........................................... 1-16-16 et seq. See: PLANNING CONSTRUCTION. See also: BUILDINGS Drainage facilities, construction of .. . . . . . ... . . . .. . . . . . . . . . . . . .. 2-6-1 On-site sewage disposal systems Construction of on Hutchinson Island . . . . . . . . . . . . . . . . . . . . . . . 1-7.6-42 Zoning and building regulations; construction permit re- quired ......................................................... 2-14-40 CONTRACTORS Airports and aircraft, vehicular access requirements re ..... 1-2.3-41 Licensing and examination of construction contractors ...... 2-5-1 et seq. See: BUILDINGS Occupational license taxes and regulations ................... 1-12-38 CONTRACTORS (Unlicensed) Appellate review .................................................. 1-6.8-27 Civil penalties; collection and recovery of ........ ......... .... 1-6.8-26 Civil penalties in citations; schedule of . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-29 Definitions ........................................................ 1-6.8-22 Enforcement procedures . . . . . . . . . . . .. . . .. . . . . . . .. . . .. . . . . . . . . . . .. 1-6.8-24 Supp. No. 55 3857 ST. LUCIE COUNTY CODE Section CONTRACTORS (Unlicensed) (Cont'dJ Hearings; board ................................................... 1-6.8-25 Supplemental nature of provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-28 Uncertified/unregistered/unlicensed contractors program .. . 1-6.8-21 Violations .......................................................... 1-6.8-23 CONTRACTS AND AGREEMENTS Contracts with other governmental units ..................... 2-1-1 Criminal justice facilities, certification of contract for ....... 1-19.3-23 Deferred compensation program; execution of participation agreements . . . .. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14.5-23 Design-build contracts ........................................... 1-2-45 et seq. See: PURCHASING Lobbyist registration and reporting . . . .. . . . . . . . . . . . . . . . . . . . . . . . 1-2-61 et seq. See: LOBBYIST REGISTRATION AND REPORTING Local housing assistance program interlocal agreement..... 1-10.5-44 Municipal service ta~ung unit ................................... 1-13.5-9 Ordinances and resolutions not affected by Code ............. 1-1-3 Purchasing, provisions re. See: PURCHASING St. Lucie County erosion district; contract .................... 2-6-32 Solid waste collection service agreements . ... . .. .. . ... . ... . . .. 1-9-91 et seq. Street lighting district; contracts .. . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 1-17-19 CORPORATIONS Persons defined to include ....................................... 1-1-2 COUNTY ADMINISTRATOR Duties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1-17 Employment authorized ......................................... 2-1-16 Payments declared to be for county purpose .................. 2-1-18 COUNTY COMMISSIONERS Allowance to board members for travel ........................ 1-14.5-1 Educational facilities impact fee review ....................... 1-6.5-61 COUNTY TOURIST DEVELOPMENT COUNCIL. See: TOUR- ISM COURTS Alcohol and other drug abuse trust fund Authority for enactment of article . ... . .. . .. . . .. .. . . . .... .... 1-7-20 Creation of fund; accounting ........... . .. . . . . .. . . . .. .. .. . . .. . 1-7-22 Definitions ...................................................... 1-7-2 1 Expenditures ................................................... 1-7-23 Circuit court Civil division charges and costs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-4 Civil division service charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-7-2 Probate and guardianship division service charges ........ 1-7-3 Civil traffic infraction fund ...................................... 1-7-13 Court facilities; additional court costs for, assessment of.... 1-7-6.5 Court facility funds, disposition of .............................. 1-7-7 Disposition of legal aid fund .................................... 1-7-10 Juvenile assessment center; assessment ....................... 1-7-11 Supp. No. 55 3858 CODE INDEX Section COURTS (Cont'dJ Law enforcement training additional costs for ................ 1-7-1 Law library funds, disposition of ...................... ..... .... 1-7-6 Mediation-arbitration fund, disposition of ..................... 1-7-9 Service charges other than those fixed by provisions ........ 1-7-5 Teen court; assessment .......................................... 1-7-12 CRIME Authority to offer rewards for ................................... 1-2-1 Persons violating laws or ordinances D DANCE HALLS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See LICENSES AND PERMITS (Occupational license taxes and regulations) DEBRIS. See: GARBAGE, TRASH AND REFUSE DEPAR,TMENTS AND OTHER AGENCIES OF COUNTY Affordable housing advisory committee ........................ 1-10.5-42 Board of county commissioners. See: COUNTY COMMIS- SIONERS Children's services council ...................................... 1-6-33 et seq. See: MINORS Code enforcement board . .. . . .. .. . . .. . . . .. . . .. . . . . . . . . . . . . . . . . . . . 1-2-19 et seq. See: CODE ENFORCEMENT BOARD Construction contractors; examining boards ... ....... .... .... 2-5-4 Contractors (unlicensed); hearing board . . . . . . . . . . . . . . . . . . . . . . . 1-6.8-25 Historical commission ............................................ 1-16-41 et seq. Law library; board of trustees .......................... ........ 2-10-16 Library advisory board ........ ........... ....................... 1-11-4 Planning and zoning commission Zoning and building regulations ............................. 2-14-33 et seq. See: PLANNING Professional services committee ................................ 1-2-49(c) Purchasing department . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2-28 et seq. See: PURCHASING Reserve community development district #2 board of super- visors .......................................................... 1-6.5-72 St. Lucie County environmental control board ................ 1-7.6-1 et seq. See: ENVIRONMENTAL CONTROL St. Lucie County erosion district; authority to create depart- ments ......................................................... 2-6-34 Tourist development council ..................................... 1-19.5-21 et seq. See: TOURISM DEVELOPMENT Economic development ad valorem tax exemptions .......... 1-19.3-51 et seq. See: TAXATION Supp. No. 55 3859 ST. LUCIE COUNTY CODE Section DEVELOPMENT (Cont'd.) Impact fees. See also that subject Lake Lucie Community Development District ... .. ... .... .. .. 1-6.5-31 et seq. See: COMMUNITY DEVELOPMENT Ordinances and resolutions not affected by Code ............. 1-1-3 Pine Valley Community Development District . . . . . . . . . . . . . . . . 1-6.5-21 et seq. See: COMMUNITY DEVELOPMENT Planning. See also that subject Reserve Community Development District . . . . . . . . . . . . . . . . . . . . 1-6.5-35 et seq. See: COMMUNITY DEVELOPMENT Tourist development council ..................................... 1-19.5-21 et seq. See: TOURISM Tourist development tax . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-19.3-30 et seq. See: TOURISM DISABLED PERSONS. See: HANDICAPPED PERSONS DISASTERS. See: EMERGENCIES DISTRICTS Beach preservation act Preservation districts, authority to establish; election..... 2-12-24 Preservation districts, establishment ........................ 2-12-25 Lake Lucie Community Development District . . . . . . . . . . . . . . . . 1-6.5-31 et seq. See: COMMUNITY DEVELOPMENT Libraries impact fee districts ................................... 1-11-22 Parks impact fee districts ....................................... 1-15-41 Public buildings impact fee districts ................... ........ 1-16.3-21 Reserve Community Development District . . . . . . . . . . . . . . . . . . . . 1-6.5-35 et seq. See: COMMUNITI' DEVELOPMENT St. Lucie County erosion district ............................... 2-6-16 et seq. See: DRAINAGE AND EROSION CONTROL St. Lucie County mosquito control district ............ ........ 2-9-16 et seq. See: HEALTH AND SANITATION Street lighting district Public improvements .......................................... 2-16-16 et seq. Roads and bridges ............................................. 1-17-16 et seq. DOGS Beaches, on ........................................................ 1-15-25 Generally .......................................................... 2-3-16 et seq. See: ANIMALS AND FOWL DRAINAGE AND EROSION CONTROL Drainage facilities, construction of .......... .. .. . .. .. .. . . . .. . . . 2-6-1 Flood damage prevention ........................................ 108.5-1 et seq. See: FLOOD DAMAGE PREVENTION St. Lucie County erosion district Bondholders' rights, protection of . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-36 Supp. No. 55 3860 CODE INDEX Section DRAINAGE AND EROSION CONTROL (Cont'd.) Bonds Authority to issue .................................... ....... 2-6-24 Contractors may be used to pay . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-29 Disposition of proceeds .. . . . . . . . . . . . .. . .... ... . .. . . .. . .. . . . . . 2-6-25 Effect of failure to challenge . . . . . . . . . . .. . .. . . .. . . . .. . . . . . . . 2-6-26 Legal investments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6-28 Nature . . . .. .. .. .. .. .. ... .. .. . . .. . . .. .. . . . ... . . . .. . . .. .. . .. . .. . 2-6-27 Notice prior to issuance ..................................... 2-6-26 Supp. No. 55 3860.1 CODE INDEX Sectic~n ENVIRONMENTAL CONTROL (Cont'd.) Hearing board orders and injunctive relief ............... 2-6.5-15 Environmental control board Appointment ................................................. 2-6.5-6 Duties and powers ........................................... 2-6.5-5, 2-6.5-7 Organization ................................................. 2-6.5-4 Environmental control officer Appeals from actions or decisions of ...................... 2-6.5-11 Exemptions ..................................................... 2-6.5-8 Electric facilities ............................................. 2-6.5-23 Fines Civil fines to be liens ........................................ 2-6.5-18 Health department Powers of ..................................................... 2-6.5-2 1 Hearing board Duties and powers ........................................... 2-6.5-1 0 Enforcement of orders and injunctive relief .............. 2-6.5-15 Organization ................................................. 2-6.5-9 Intent ............................................................ 2-6.5-2 Judicial review ................................................. 2-6.5-12 Legislative intent .............................................. 2-6.5-2 Liens Civil fines to be liens ........................................ 2-6.5-18 Severability ..................................................... 2-6.5-2 2 Short title ....................................................... 2-6.5-1 Subpoena Refusal to obey .............................................. 2-6.5-1 9 Violations, penalties Civil fines to be liens ........................................ 2-6.5-18 Civil penalties ............................................... 2-6.5-1 7 Criminal penalties ........................................... 2-6.5-1 6 Marine sanitation Definitions ...................................................... 1-7.6-3 1 Enforcement .................................................... 1-7.6-3 6 Exceptions ...................................................... 1-7.6-3 8 Marina sanitation facilities Existing marinas ............................................ 1-7.6-3 4(b) Required ...................................................... 1-7.6-3 4(a) Mooring restrictions ........................................... 1-7.6-3 3 Pump-out receipt requirement ............................... 1-7.6-35 Statement of purpose .......................................... 1-7.6-30 Unlawful discharges ........................................... 1-7.6-3 2 Violations and penalties ....................................... 1-7.6-3 7 On-site sewage disposal systems on Hutchinson Island Administrative waiver ......................................... 1-7.6-43 Definitions ...................................................... 1-7.6-40 Mandatory hookups for existing systems to central sewer- age systems ................................................ 1-7.6-4 1 Prohibition of construction of systems ....................... 1-7.6-42 Administrative waiver ...................................... 1-7.6-43 Supp. No. 55 3863 ST. LUCIE COUNTY CODE Section ENVIRONMENTAL CONTROL (Cont'dJ Violations; penalties; enforcement ........................... 1-7.6-44 Sludge, septage and sewage disposal Enforcement by environmental control hearing board. ... . 1-10-24 EROSION. See: DRAINAGE AND EROSION CONTROL EXCRETA Animal owner's responsibility ................................... 1-4-23(f~ EXHIBITIONS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) F FABERS COVE Use of seines ...................................................... 2-7-5 FAIR HOUSING. See: HOUSING FARM PRODUCTS Occupational license tax and regulations ...................... 1-12-27 FARMERS' MARKETS Occupational license tax and regulations ...................... 1-12-59 See: LICENSES AND PERMITS (Occupational license taxes and regulations) FINANCES Affordable housing assistance trust fund ...................... 1-10.5-39 Alcohol and other drug abuse trust fund . . . . . . . . .. . . .. . . . . . . . . 1-7-20 et seq. See: COURTS Children's services, applicable provisions re .................. 1-6-35 et seq. See: MINORS Design-build contracts ........................................... 1-2-45 et seq. See: PURCHASING E-911 system, local option fee ................................... 1-2-2 Ordinances and resolutions not affected by Code ............. 1-1-3 FIRE DEPARTMENT Alarm system, direct connection ................................ 1-2.5-6 FIRE HYDRANTS Installation standards ........................................... 1-20.5-1 FIRE LANES Parking prohibition .............................................. 1-20-28 FIREAR,MS AND WEAPONS Certain areas, use of firearms prohibited ..................... 1-7.8-16 Violations and penalties ......................................... 1-7.8-17 FIRES Duty of picnickers re . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15-21 Supp. No. 55 3864 CODE INDEX Section FIRMS Persons defined to include ....................................... 1-1-2 FISH AND GAME Canals ~ap, net fishing restricted ................................... 2-7-3 Supp. No. 55 3864.1 ~ u CODE INDEX Section LIBRAR,Y (Cont'd.) Impact fee, libraries Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Computations ................................................... Credits .......................................................... Definitions ...................................................... Districts created ............................................... Exemptions ..................................................... Imposition ...................................................... Independent property appraisal ....... ............ ........... Intents; purposes ............................................... Payment ........................................................ Property review appraisal ......................... ........... Refund of fees paid ............................................ Review, automatic adjustment of fees ....... .. .......... .... Rules of construction .......................................... Short title, authority, applicability ........................... Trust funds established ..... ........................... ....... Use of funds .................................................... Law library Appropriation of funds . . ... . . ... ... . . . . . .. . . . . . . .. . .. . . . . . . . . . Board of trustees ............................................... Court costs for support of library, levy .. . .. . . . .. . . . . . . . . . . . . Disposition of donations ....................................... Law library fund ............................................... Law library funds, disposition of ................. ............ Legislative intent, declaration of . . . . . ... ... .. .. . . . . . . . . . . . . . . . . Manager, county library services . . . . . . . . . .. . . . . . .. . . . . . . .. . . . . . Public library service, authority to provide .... ............ .... Qualifications, regulations, contributions ...................... LICENSES AND PERMITS (Miscellaneous provisions) Alarm permits .................................................... See: ALARM SYSTEMS Animal shows, travelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building and equipment moving ................................ See: ROADS AND BRIDGES Building permits. See: ZONING (Appendix A) Buildings; licensing and examination of construction contrac- 1-11-27 1-11-16 1-11-18 1-11-14 1-11-22 1-11-26 1-11-15 1-11-20 1-11-12 1-11-17 1-11-21 1-11-25 1-11-28 1-11-13 1-11-11 1-11-23 1-11-24 2-10-18 2-10-16 2-10-17 2-10-20 2-10-19 1-7-6 1-11-1 1-11-3 2-10-1 1-11-5 1-2.5-8 et seq. 1-4-28 1-17-40 et seq. tors ............................................................ 2-5-1 et seq. Camping overnight on county property; permit ............... 1-25-17 Conditional use permits. See: ZONING (Appendix A) Contractors (unlicensed) .........................................1-6.8-21 et seq. County property and facilities, generally Use permit ...................................................... 1-2 5-2 7 Development permits ............................................ 1-8.5-8 Disabled persons exempt ...... ....................... .. .. ....... 1-12-25 Driveway permits ................................................ 1-5-8 2 et seq. See: BUILDINGS (Generally) Supp. No. 55 3871 ST. LUCIE COUNTY CODE Section LICENSES AND PERMITS (Miscellaneous provisions) (Cont'd.) Flood damage prevention: development ........................ 1-8.5-8, 1-8.5-22 Garbage and trash collection .................................... 1-9-20 et seq. Group functions held on county property; permit ............ 1-15-26 Heavy vehicles and equipment in residential districts....... 1-20-45 Life support services ............................................. 1-12.5-1 et seq. Motor carriers ..................................................... 1-13.3-16 et seq. See: MOTOR CARRIERS Motor vehicle title loans Secondhand dealer licenses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14-34 See: MOTOR VEHICLES Noise control; special permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.8-20 Ordinances and resolutions not affected by Code ............. 1-1-3 Peddlers and hawkers; permits . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . 2-13-16 et seq. Traffic; parking, stopping and standing Building and equipment moving . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-17-40 et seq. See: ROADS AND BRIDGES Heavy vehicles and equipment in residential districts; permits . .. . . . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20-45 LICENSES AND PERMITS (Occupational license taxes and regulations) Advertising space renters ....................................... 1-12-31 Aged person, exemptions ........................................ 1-12-25 Amusement devices .............................................. 1-12-32 Apartments ....................................................... 1-12-33 Application ........................................................ 1-12-19 Businesses . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12-51 Cafes . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . .. . . . . . . . . . . . . . . . . . . . . 1-12-37 Cemeteries ........................................................ 1-12-34 Circuses ........................................................... 1-12-35 Clairvoyants ...................................................... 1-12-42 Community television companies ............................... 1-12-40 C ontracting . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-12-38 Dance halls ........................................................ 1-12-39 Date due of license tax Delinquency .................................................... 1-12-18 Definitions ........................................................ 1-12-16 Delinquent license tax, method of collection Liens ............................................................ 1-12-23 Display ............................................................ 1-12-20 Drive-in theaters ................................................. 1-12-47 Eating establishments ............ . ... ... . .. .. .. . . . .. . .. . .. .. . .. . 1-12-37 Electric power plants ............................................ 1-12-40 Emigrant agents .................................................. 1-12-41 Engaging in business, payment of tax prerequisite to Exceptions as to vehicles used in licensed business ....... 1-12-17 Farm products, exempt ... ..... .... .. . . . .. . .. .. . .. . .. . .. .. .... . .. 1-12-27 Supp. No. 55 3872 CODE INDEX Section LICENSES AND PERMITS (Occupational license taxes and regulations) (Cont'dJ Farmers' markets where individuals sell from stalls......... 1-12-59 Fish peddlers, exempt ........................................... 1-12-30 Supp. No. 55 3872.1 CODE INDEX Section LOCAL PLANNING AGENCY Generally .......................................................... 1-16-16 et seq. See: PLANNING LOTTERIES Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) M MANUFACTURING Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) MAPS AND MAPPING Right-of-way; plat abandonment procedures .................. 1-17-70 et seq. Zoning map ............. .. .......... .............................. 2-14-37 MAR,INE SANITATION Environmental protection ....................................... 1-7.6-30 et seq. See: ENVIRONMENTAL CONTROL MAUSOLEUMS Occupational license taxes and regulations enumerated..... See: LICENSES AND PERMITS (Occupational license 1-12-16 et seq. taxes and regulations) MEDICINE SHOWS Traveling medicine shows Occupational license taxes and regulations enumerated .. 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) MERCHANDISE Selling or vending on county property .. . . . . . . . . . .. . .. . . .. .. . . . 1-15-24 MINING AND EXCAVATIONS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) MINORS Children's services Ad valorem taxes, levying ... .. ..... ............ .... ........... 1-6-38 Children's services council Powers and functions ..... ................... ............... 1-6-34 Financial report . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6-37 Independent special district Creation; governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6-32 Fiscal year .. ....... .. ............ ......... .... ............ ... 1-6-35 Referendum . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-6-3 8 Title ............................................................. 1-6-3 1 Supp. No. 55 3875 ST. LUCIE COUNTY CODE Section MINORS (Cont'dJ Juvenile assessment center; court costs ....................... 1-7-11 Parental neglect Arrest, notice to parents ...................................... 1-6-17 Definitions ...................................................... 1-6-16 Detention, notice to parents .................................. 1-6-17 Habitual offenders Parents may be deemed guilty of parental neglect ...... 1-6-19 Notice to parents upon arrest or detention ................. 1-6-17 Parental neglect declared unlawful .......................... 1-6-18 Teen court; court costs ...... ... .... ........... .. .. .... .. .. . .. . . .. 1-7-12 MOSQUITOES St. Lucie County mosquito control district .................... 2-9-16 et seq. See: HEALTH AND SANITATION MOTELS Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) MOTOR CARRIERS Licensure Authority of board to promulgate rules and regulations .. 1-13.3-24 Certificate of transportation . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.3-17 Appeals ....................................................... 1-13.3-26 Application; contents; investigation .... .. ......... . ... .. .. 1-13.3-18 Review of application ..................................... 1-13.3-19 Standards of review . . . . . . .. . . .. . . .. . . . . . . . . . . . . . . . . . . . . 1-13.3-20 Insurance requirement ..................................... 1-13.3-21 Renewal of certificate; evidence of continuing compli- ance ...................................................... 1-13.3-23 Revocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.3-22 ~ansfers/assignability . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.3-25 Continuing compliance, evidence of .......................... 1-13.3-22 Definitions ...................................................... 1-13.3-16 MOTOR VEHICLE TITLE LOANS. See: MOTOR VEHICLES MOTOR VEHICLES Abandoned property, garbage, trash, junk and debris ....... 1-9-16 et seq. See: GAR,BAGE, TRASH AND REFUSE Airports and aircraft Licensing requirements re motorized vehicles ..............1-2.3-21 et seq. Alcoholic beverages; open containers Consumption inside vehicle prohibited . . . . . . . . . . . . . . . . . . . . . . 1-3-6 Combat automobile theft program .............................. 1-18-2 County property, on Operation and parking . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-15-22 Motor carriers ..................................................... 1-13.3 et seq. Supp. No. 55 3876 CODE INDEX Section MOTOR VEHICLES (Cont'd.) Motorized vessels on lakes and ponds in unincorporated areas . ... .. ... . . .. .. . . ... ... . . . . . .. . . . . . . . . . . . .. . . .. .. . . . .... .. 1-14-3 See: BOATS AND WATERWAYS Public beaches; authority to regulate use of motor vehicles . 2-12-1 Title loans Additional remedy to borrower, private right of action .... 1-14-36 Definitions . .. . . . ... . .. .. .. .. . . . . . . . . .. . .. . .. . . .. . . .. . . ... . .. . ... 1-14-30 Licenses . . .. .. .. .. .. . ... ... .. .. .. . . . . . . . .. . . ... . . . . .. . . .. . . . .. .. . 1-14-34 Ma~amum interest rate ........................................ 1-14-32 Transactions . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14-31 Satisfaction and default .................................... 1-14-33 Transition period for regulations, restrictions, and licensure provisions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-14-37 Violations and penalties ....................................... 1-14-35 Traffic regulations ................................................ 1-20-1 et seq. See: TRAFFIC Unserviceable vehicles Abandoned property, garbage, trash, junk and debris .... . 1-9-16 et seq. See: GARBAGE, TRASH AND REFUSE MOVING PICTURE SHOWS Occupational license tases and regulations enumerated..... 1-12-47 MUNICIPAL SERVICE TAXING OR BENEFIT UNITS Annual municipal services taxing unit taxes .................. 1-13.5-10 Authorized ........................................................ 1-13.5-1 Bonds, notice of intent to issue ... ....... ....................... 1-13.5-14 Budget adoption; t~ing units ........... ....................... 1-13.5-4 Contracts .......................................................... 1-13.5-9 County authorized to advance necessary expenses .. ..... .... 1-13.5-12 County engineer Proceeding subsequent to hearing ................ ........... 1-13.5-8 Creation of units ................................................. 1-13.5-5 Authorized . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.5-1 Procedure for creation of municipal service benefit units Information meeting ........................................ 1-13.5-7(c) Initial hearing ............................................... 1-13.5-7(a) Project report and preliminary assessment roll.......... 1-13.5-7(b) Second public hearing ....................................... 1-13.5-7(d) Procedure for creation of municipal service taYing units Public hearing ............................................... 1-13.5-6(a) Resolution creating taxing unit ............................ 1-13.5-6(b) Dissolution of units .... ............... ....................... .... 1-13.5-15 Governing body ................................................... 1-13.5-2 Powers ............................................................. 1-13.5-3 Special assessments; collection Alternate method of financing improvement ... .... ........ 1-13.5-ll(e) Assessment roll sufficient evidence . . . . . .. .. . . . .. .. . . . . . . ... . 1-13.5-ll(g) Certificate of indebtedness .... ..... .... ....................... 1-13.5-11(c) Issuance ...................................................... 1-13.5-ll(d) Supp. No. 55 3877 ST. LUCIE COUNTY CODE Section MIJNICIPAL SERVICE TAXING OR BENEFIT UNITS (Cont'd.) Defaults ......................................................... 1-13.5-11(f) Method of payment .. . ... .. . . . ....... .... ....... ... . .... ... ... . 1-13.5-11(a) Optional method of collection ................................. 1-13.5-11(i) Payments ....................................................... 1-13.5-11(h) Priority of lien, interest, method of payment ... .... .... ... . 1-13.5-11(a) Valid assessment to be made ................................. 1-13.5-11(b) Supplemental, provisions deemed as ........................... 1-13.5-13 N NEGLECT Parental neglect ............ .. ...... .... . .. .... ............ .... ... 1-6-16 et seq. See: MINORS NET Indian River Length of nets restricted; marking .......................... 1-8-1 NINTH CENT GAS TAX Provisions enumerated ........................................... 149.3-81 et seq. See: TAXATION NOISE Noise control Definitions ...................................................... 1-13.8-16 Excessive, unnecessary, etc., noises prohibited ............. 1-13.8-1 Exemptions . .. . ........... . . .. . .. ..... ... ............ .... ... . ... 1-13.8-19 Penalties ... .... .. . .. .. ........ . . .. . .. . ....... .... ..... ... .... ... 1-13.8-21 Special permit; application for ............................... 1-13.8-20 Use districts Classification . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-13.8-17 Ma~rimum permissible sound level ........................ 1-13.8-18 Violations generally ............................................ 1-13.8-1 Railroads; use of audible warning signals .. . . . . . . . . . . . . . . . . . . . 1-16.5-1 NUISANCES Animals; public nuisance prohibited ........................... 1-4-17 NUMBER Defined ............................................................ 1-1-2 NURSING HOMES Indigents, authority to contract for care ....................... 1-21-1 O OATH Defined ............................................................ 1-1-2 OCCUPANT Defined ............................................................ 1-1-2 Supp. No. 55 3878 CODE INDEX Section OCCUPATIONS Occupational license t~es and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) OFFENSES Miscellaneous offenses and regulations ........................ 2-11-1 et seq. Specific penalties, remedies, etc. See specific offenses which are indexed alphabetically OFFICERS AND EMPLOYEES Animal control officer training requirements ......... ... ..... 1-4-27 Board of county commissioners. See: COUNTY COMMIS- SIONERS Circuit court clerk Mosquito control district; service as secretary and trea- surer ........................................................ 2-9-17 Clerk of circuit court to give bond . . . . . . . . . . . . . . . . . . . . . . . . . 2-9-18 Civil suits arising from acts within scope of employment or function Payment of defense costs ........ ........................... ... 1-2-18 County administrator ............................................ 2-1-16 et seq. Deferred compensation program Administration ... . ... . . .. .... ... . . .. ... . . ... .. . . . . . . . . . . . . . . . .. Adoption ........................................................ i-14.5-22 1-14.5-21 Environmental control officer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-6.5-6 et seq. See: ENVIRONMENTAL CONTROL Execution of participation agreements ......................... 1-14.5-23 Program committee ............................................ 1-14.5-24 Failure to perform duties Liability to fine for ............................................. 1-1-9 Food and non-alcoholic beverage expenses ......... .... ....... 1-2-162 Insurance for officers, employees and families . . . . . . . . . . . . . . . . 2-1-31 Judgments resulting from acts within scope of employment or function Payment of ...................................................... 1-2-17 Library services manager, county .............................. 1-11-3 Longevity and special recognition awards . . . . . . . . . . . . . . . . . . . . . 1-2-16.1 Officers, defined .................................................. 1-1-2 Sick leave Terminal incentive pay upon accumulation . . . . . . . . . . . . . . . . . 1-2-16 Terminal incentive pay for accumulated and unused sick leave .......................................................... 1-2-16 OPEN CONTAINERS Alcoholic beverages, regulations re ............................. 1-3-5 et seq. See: ALCOHOLIC BEVEKAGES OPEN SPACES. See: YARDS AND OPEN SPACES ORDINANCES. See: CODE OF ORDINANCES Supp. No. 55 3878.1 ST. LUCIE COUNTY CODE Section OWNER Defined ............................................................ 1-1-2 PARENTAL NEGLECT P Generally .......................................................... 1-6-1 6 et seq. See: MINORS PARKING Airports and aircraft Regulation of vehicular traffic and parking . .... ..... ..... .. 1-2.3-17 et seq. See: AIRPORTS AND AIRCRAFT PARKS AND RECREATION Alcoholic beverages, distance restrictions ..................... 1-3-2 et seq. See: ALCOHOLIC BEVERAGES Beach preservation act Beach preservation authority Generally ..................................................... 2-12-18 Powers ........................................................ 2-12-19 Bonds . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12-32 Cooperative agreements ....................................... 2-12-26 County personnel and facilities, use of . . . . . . . . . . . . . . . . . . . . . . 2-12-21 County shoreline, supervision of work .. .. . .. . .. .. .. .. .. .. . .. 2-12-28 Economic analysis of preservation program . . .... . .. . .. . .. . 2-12-23 Legislative findings Purpose ....................................................... 2-12-17 Organizational and administrative expenses Use of county funds for . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12-20 Preservation districts, authority to establish Elections . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12-24 Preservation districts, coordination of work Liaison with other entities ................................. 2-12-27 Preservation districts, establishment of Advisory groups .............................. ............ ... 2-12-25 Governing body . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-12-25 Personnel . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 -12-25 Supp. No. 55 3878.2 CODE INDEX Section U UTILITIES Sewage disposal companies Occupational license tax and regulations ................... 1-12-58 Street lighting district .................... ....................... 1-17-16 et seq. See: ROADS AND BRIDGES Water and sewers ................................................1-20.5-1 et seq. See: WATER AND SEWERS Water companies Occupational license tax and regulations ................... 1-12-58 V VACCINATIONS Dogs and cats; rabies vaccination required ................ .... 1-4-24, 2-3-17 VANDALISM County property, damaging ..................................... 1-15-18 VEGETATION St. Lucie River (North Fork), banks of Certain types of vegetation, destruction of . .. . . . .. . . .. . . .. . . 1-7.5-21 et seq. See: DRAINAGE AND EROSION CONTROL VEHICLES. See: MOTOR VEHICLES VENDING MACHINES Occupational license t~ and regulations ...................... 1-12-57 VETERANS Occupational license tax exemption . . . .. .. .. ... . .... . .. . .. . . . . . 1-12-26 W WATER Abandoned property, garbage, trash, junk and debris ....... 1-9-18 Additional provisions. See: GARBAGE, TRASH AND REFUSE Boating regulations. See: BOATS AND WATERWAYS Canals, unlawful deposits in .. ........... ............... ... ..... 2-17-1 Lakes, unlawful deposits in .............................. ... .... 2-17-1 WATER AND SEWERS Cross connections St. Lucie County cross connection control policy Backflow prevention devices required ..................... 1-10-37 Definitions ................................................... 1-10-35 Purpose . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-36 Fire hydrant installation standards ............................ 1-20.5-1 Fluoridation of water systems Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-50 Fluoridation requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-51 Supp. No. 55 3891 ST. LUCIE COUNTY CODE Section WATER AND SEWERS (Cont'd.) Hutchinson Island On-site sewage disposal systems on Hutchinson Island... 1-7.6-40 et seq. See: ENVIRONMENTAL CONTROL Marine sanitation; unlawful discharges ....................... 1-7.6-32 Occupational license taxes and regulations enumerated..... 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) On-site sewage disposal systems on Hutchinson Island ..... 1-7.6-40 et seq. See: ENVIRONMENTAL CONTROL Septage disposal. See herein: Sludge, Septage and Sewage Disposal Sewage disposal capacity Building permit Issuance prohibited until proof of adequate sewage disposal capacity is shown ............................. 1-10-32 Certificate of occupancy Issuance prohibited until adequate sewer capacity is available . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-34 Definitions ...................................................... 1-10-3 1 Obtaining approval, method of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-10-33 Sewage disposal companies Occupational license taxes and regulations enumerated .. 1-12-16 et seq. See: LICENSES AND PERMITS (Occupational license taxes and regulations) Sludge, septage and sewage disposal Article enforceable by environmental control hearing board 1-10-24 Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . 1-10-22 Permitting of disposal organizations ......................... 1-10-21 Permitting of land spreading sites Requirement that sites only spread waste transported by permitted persons or organizations . . . . . . . . . . . . . . . 1-10-23 Transport and disposal of waste ... ....... ... . ... .. ... ... . ... 1-10-21 St. Lucie County cross connection control policy. See herein: Cross Connections Uniform water and sewer service policy All water through meter . .. . .... .... ....... .... .. .. . ... . .. .... 1-20.5-58 Definitions . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . .. .. . . .. . . . . .. . . . . . . . 1-20.5-52 Grease traps, oil separators .................................. 1-20.5-56 Hazardous wastes .............................................. 1-20.5-57 Industrial wastewater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-55 Unauthorized connections Sewer .... . .. . .... . ... . .. . ... .. .. ........ .... .. ... .. . . .. . ... . .. 1-20.5-53 Water ......................................................... 1-20.5-54 Water companies Occupational license taxes and regulations enumerated .. 1-12-58 Water shortage plan Amendments to plan .......................................... 1-20.5-38 Application of provisions . .. . .. ................. .... .. .. . .. . . .. 1-20.5-37 Definitions . . . . . . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-36 Supp. No. 55 3892 CODE INDEX Section WATER AND SEWERS (Cont'dJ Emergency, declaration of ..................................... 1-20.5-39 Enforcement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-20.5-40 Intent and purpose ............................................ 1-20.5-35 Violations and penalties ....................................... 1-20.5-41 Water users to accept provisions of articles ................. 1-20.5-42 WATER COMPANIES Occupational license tax and regulations ...................... 1-12-58 WATERWAYS. See: BOATS AND WATERWAYS WEAPONS. See: FIREARMS AND WEAPONS WELFARE Authority to contract for nursing home care for indigents .. 1-21-1 Indigent persons Authority to provide care for .............. .... ............... 2-18-1 Repayment of money expended for welfare purposes Authority to obtain ............................................ 2-18-2 WHEELCHAIR TRANSPORT SERVICES. See: LIFE SUP- PORT SERVICES Z ZONING Ordinances and resolutions not affected by Code ............. 1-1-3 Zoning and building regulations ................................ 2-14-33 et seq. See: PLANNING Supp. No. 55 3893