HomeMy WebLinkAboutSupplement No. 97: 01-2013SUPPLEMENT NO. 97
January 2013
CODE
County of
ST. LUCIE, FLORIDA
Looseleaf Supplement
This Supplement contains all ordinances deemed advisable to be included at this
time through:
Ordinance No. 12-020, enacted October 23, 2012.
See the Code Disposition Table-Ordinances for further information.
Remove Old Pages
X.1-XV
Checklist of up-to-date pages
SH:1
70.1, 70.2
82.29, 82.30
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271, 272
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347, 348
373, 374
380.7, 380.8
381
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347, 348
373, 374
380.7, 380.8
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INSTRUCTION SHEET-Contd.
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removed pages for reference.
munico e
Municipal Code Corporation PO Box 2235 Tallahassee, FL 32316
info@municode.com • 800.262.2633
fax 850.575.8852 • www.municode.com
TABLE OF CONTENTS-Contd.
Chapter Page
Art. II. Unlicensed Contractors Enforcement Proce-
dures ....................................... 297
1-7 Courts . ................................................ 313
Art. I. In General ................................... 313
Art. II. Alcohol and Other Drug Abuse Trust Fund .... 316
Art. III. Driver Education Safety Trust Fund ......... 318
1-7.5 Drainage and Erosion Control ......................... 337
Art. I. In General ................................... 337
Art. II. St. Lucie River .............................. 337
1-7.55 Econ omic Development ............................... 343
1-7.6 Environmental Protection ............................. 347
Art. I. In General ................................... 347
Art. II. Marine Sanitation ........................... 348
Art. III. On-Site Sewage Disposal Systems on
Hutchinson Island .......................... 351
Art. IV. Florida-Friendly Fertilizer Use ............... 353
1-7.7 National Pollutant Discharge Elimination Systems ...... 361
Art. I. In General ................................... 361
Art. II. Construction Site Erosion and Sediment Con-
trol ......................................... 366
Art. III. Illicit Stormwater Discharge and Connection . 368
1-7.8 Firearms ............................................. 371
1-7.9 Fire Protection ....................................... 373
Art. I. Fire/EMS Protection Impact Fee .............. 373
Art. II. Fireworks .................................. 380.8
1-8 Fish and Game ......................................... 381
1-8.5 Reserved ............................................. 383
1-9 Garbage, Trash and Refuse .............................. 421
Art. I. In General ................................... 421
Art. II. Abandoned Property, Garbage, Trash, Junk and
Debris ...................................... 422
Art. III. Garbage and Trash Collection ............... 430.8
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 ...... 443
Div. 3. Solid Waste Collection Service Agreements. 445
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
Supp. No. 97 Xl
ST. LUCIE COUNTY CODE
Chapter Page
Art. IV. St. Lucie County Cross Connection Control
Policy ...................................... 470
1-10.2 Reserved ............................................ 485
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. Business Taxes and Regulations .............. 617
Art. III. Pari-mutuel Wagering Facilities ............. 627
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 Taxing 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 .......................... 796
1-15.5 Pawnbrokers and Secondhand Dealers ................ 827
1-16 Planning ............................................. 849
Art. I. In General ................................... 849
Art. II. Comprehensive Plan ......................... 849
Art. III. Reserved ................................... 851
Art. IV. Reserved ................................... 851
Art. V. Reserved .................................... 851
Supp. No. 97 xii
TABLE OF CONTENTS-Contd.
Chapter Page
1-16.2 Public Property ...................................... 855
Art. I. Disposition of Surplus Real Property .......... 855
Art. II. Airport West Commerce Park Leasing Stan-
dards and Procedures ........................ 856.2
Art. III. Neighborhood Stabilization Program Sales Stan-
dards and Procedures ....................... 856.3
1-16.3 Publ ic Buildings ..................................... 857
Art. I. In General ................................... 857
Art. II. Public Buildings Impact Fee ................. 857
1-16.5 Railroads ........................................... 879
1-16.75 Res each and Development; Treasure Coast Education,
Research and Development Authority ................ 885
1-17 Roads and Bridges .................................... 903
Art. I. In General ................................... 903
Art. II. Special Improvement Service District ......... 904
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
Art. I. In General ................................... 957
Art. II. Law Enforcement Impact Fee ................ 958
Art. III. Restrictions on Residence for Sexual Offenders
and Sexual Predators ....................... 973
Art. IV. Secondary Metals Recyclers ................. 974
1-19 Sustainability and Energy Improvement ................ 1005
Art. I. St. Lucie County Energy Improvement District. 1005
Art. II. St. Lucie County Property Assessed Clean En-
ergy Improvements .......................... 1012
1-19.3 Taxation ............................................ 1035
Art. I. In General ................................... 1035
Art. II. Reserved ................................... 1035
Art. III. Tourist Development Tax .................... 1035
Art. TV Local Option Motor Fuel Tax ................ 1039
Art. V. Economic Development Ad Valorem Tax Exemp-
tions ........................................ 1040
Art. VI. Discretionary Sales Surtax .................. 1045
Art. VII. Ninth Cent Gas Tax ........................ 1047
Art. VIII. Homestead Exemption for Persons 65 and
Older .................................... 1047
1-19.5 Tourism ............................................. 1049
Art. I. In General ................................... 1049
Art. II. St. Lucie County Tourist Development Council 1049
1-20 Traffic ................................................ 1065
Art. I. In General ................................... 1065
Supp. No. 97 xiil
ST. LUCIE COUNTY CODE
Chapter Page
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 ............. 1078
Art. III. Bicycle Safety .............................. 1082
Art. IV. Off-Road Vehicles ........................... 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 .............. 1099
Art. IV. Uniform Water and Sewer Service Policy ..... 1099
Art. V. St. Lucie County Water and Sewer District .... 1101
Art. VI. Industrial Pretreatment ..................... 1102
1-21 Welfare ............................................... 1127
Appendix
A. Reserved .............................................. 1615
B. Reserved .............................................. 1987
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
Supp. No. 97 xiv
TABLE OF CONTENTS-Contd.
Chapter Page
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
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
Stat utory Reference Table .................................... 3827
Code Index ................................................. 3849
Supp. No. 97 Xv
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 apage-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 68.3, 68.4 84
iii OC 68.5, 68.6 84
v, vi OC 68.7, 68.8 84
vii, viii OC 69, 70 64
ix, x 96 70.1, 70.2 97
xi, xii 97 70.3, 70.4 80
xiii, xiv 97 70.5, 70.6 87
xv 97 70.7, 70.8 96
SH:1 97 70.9 96
1, 2 OC 71, 72 81
3, 4 OC 73, 74 81
55, 56 96 75, 76 81
57, 58 88 77, 78 81
58.1 88 79, 80 81
59, 60 66 81, 82 81
61, 62 66 82.1, 82.2 81
63, 64 66 82.3, 82.4 81
65, 66 96 82.5, 82.6 81
66.1, 66.2 81 82.7, 82.8 81
67, 68 84 82.9, 82.10 81
68.1, 68.2 84 82.11, 82.12 81
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Supp. No. 97
ST. LUCIE COUNTY CODE
Page No. Supp. No. Page No. Supp. No.
82.13, 82.14 81 159, 160 85
82.15, 82.16 81 160.1 85
82.17, 82.18 81 161, 162 97
82.19, 82.20 81 163, 164 41
82.21, 82.22 81 165, 166 86
82.23, 82.24 81 166.1, 166.2 86
82.25, 82.26 81 166.3 86
82.27, 82.28 81 167, 168 85
82.29, 82.30 97 169, 170 91
82.31, 82.32 81 170.1, 170.2 91
82.33, 82.34 81 170.3, 170.4 91
82.35, 82.36 81 171, 172 52
82.37, 82.38 81 173, 174 52
82.39, 82.40 81 175, 176 52
82.41, 82.42 81 177 52
82.43, 82.44 81 181, 182 51
82.45, 82.46 81 183, 184 51
82.47, 82.48 81 185, 186 51
82.49, 82.50 81 187, 188 51
82.51, 82.52 81 189, 190 51
82.53, 82.54 81 191, 192 51
82.55, 82.56 81 193, 194 51
82.57, 82.58 81 195, 196 51
82.59, 82.60 81 197, 198 51
82.61, 82.62 81 199, 200 51
82.63, 82.64 81 201, 202 51
82.65, 82.66 81 203, 204 51
83, 84 55 205, 206 51
85, 86 55 207, 208 51
87, 88 97 209, 210 51
89, 90 97 211, 212 51
91, 92 75 213, 214 51
107, 108 88 215, 216 51
109 32 217, 218 51
111, 112 19 219 51
113, 114 19 221, 222 49
115 19 223, 224 49
157, 158 85 225 49
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261, 262 58 337, 338 20
263, 264 58 339 81
265, 266 58 343, 344 81
267, 268 59 345 97
269, 270 59 347, 348 97
271, 272 97 348.1 90
285, 286 87 349, 350 34
286.1 78 351, 352 34
287, 288 70 353, 354 90
288.1 63 355, 356 90
289, 290 67 357, 358 90
291, 292 71 361, 362 78
293, 294 67 363, 364 78
294.1, 294.2 67 365, 366 78
295, 296 79 367, 368 78
296.1, 296.2 79 369, 370 78
296.3, 296.4 75 371 73
296.5, 296.6 75 373, 374 97
296.7, 296.8 75 375, 376 73
296.9, 296.10 75 377, 378 56
296.10.1, 296.10.2 75 379, 380 56
296.10.3, 296.10.4 75 380.1, 380.2 56
296.10.5, 296.10.6 75 380.3, 380.4 56
296.11, 296.12 70 380.5, 380.6 57
296.13, 296.14 70 380.7, 380.8 97
296.15, 296.16 74 380.9, 380.10 66
296.17, 296.18 74 381 97
296.19, 296.20 77 383 29
296.21 87 421, 422 95
297, 298 39 423, 424 97
299, 300 39 424.1, 424.2 97
301, 302 39 425, 426 88
303, 304 39 427, 428 97
305 42 429, 430 97
313, 314 88 430.1, 430.2 95
315, 316 85 430.3, 430.4 95
317, 318 86 430.5, 430.6 95
319 86 430.7, 430.8 ~ 95
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Supp. No. 97
ST. LUCIE COUNTY CODE
Page No. Supp. No. Page No. Supp. No.
430.9 95 661, 662 97
431, 432 29 663, 664 81
433, 434 66 665, 666 81
435, 436 66 667, 668 81
437, 438 66 669, 670 81
439, 440 66 670.1 97
441, 442 94 671, 672 43
443, 444 70 689 29
445, 446 75 697, 698 44
447, 448 94 699, 700 44
465, 466 97 701, 702 44
467, 468 44 703, 704 97
469, 470 44 704.1 97
471, 472 70 705, 706 44
485 86 707, 708 44
515, 516 35 715, 716 72
517, 518 32 717, 718 72
519, 520 32 719, 720 72
521, 522 35 721, 722 72
523, 524 82 723, 724 72
525, 526 82 725, 726 72
565, 566 97 727 72
567, 568 57 729, 730 77
569, 570 90 731, 732 77
570.1 56 733, 734 77
571, 572 42 739, 740 97
573, 574 56 741, 742 97
575, 576 42 763, 764 9
577, 578 56 789, 790 68
579, 580 90 791, 792 91
581, 582 42 793, 794 86
617, 618 79 794.1 86
619, 620 79 795, 796 71
621, 622 79 797, 798 71
623, 624 91 798.1, 798.2 85
625, 626 79 798.3, 798.4 71
627 97 798.5 71
659, 660 43 799, 800 42
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Supp. No. 97
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Page No. Supp. No. Page No. Supp. No.
801, 802 56 918.1, 918.2 85
803, 804 42 918.3 85
805, 806 56 919, 920 82
807, 808 85 921, 922 82
809, 810 91 923, 924 82
827, 828 91 924.1, 924.2 82
829, 830 91 924.3, 924.4 82
831, 832 91 924.5, 924.6 82
833 91 924.7, 924.8 56
849, 850 86 924.9, 924.10 56
851 86 925, 926 17
855, 856 91 927, 928 17
856.1, 856.2 91 929, 930 29
856.3, 856.4 97 957, 958 97
856.5, 856.6 91 959, 960 97
857, 858 71 961, 962 90
859, 860 85 963, 964 97
861, 862 85 964.1 97
862.1 85 965, 966 68
862.1, 862.2 71 967, 968 68
862.3 71 969, 970 90
863, 864 42 971, 972 90
865, 866 56 973, 974 93
867, 868 42 975, 976 93
869, 870 42 977, 9 78 93
871, 872 85 1005, 1006 87
873 71 1007,1008 87
879 71 1009, 1010 87
885, 886 71 1011, 1012 87
903, 904 77 1013 87
904.1 77 1035, 1036 92
905, 906 56 1036.1 92
907, 908 71 1037, 1038 34
909, 910 85 1039, 1040 90
911, 912 85 1040.1 90
913, 914 85 1041, 1042 84
915, 916 85 1043, 1044 84
917, 918 85 1044.1 84
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Supp. No. 97
ST. LUCIE COUNTY CODE
Page No. Supp. No. Page No. Supp. No.
1045, 1046 49 1127 OC
1047,1048 63 1615 29
1049,1050 47 1987 29
1065, 1066 93 2231, 2232 OC
1067, 1068 77 2233, 2234 OC
1068.1, 1068.2 88 2235, 2236 10
1069, 1070 96 2237 10
1070.1, 1070.2 96 2287 OC
1071, 1072 94 2337, 2338 15
1072.1, 1072.2 94 2339 15
1073, 1074 34 2389 OC
1075, 1076 70 2439, 2440 44
1077, 1078 70 2441, 2442 44
1079, 1080 32 2443, 2444 53
1081, 1082 77 2445, 2446 55
1083 77 2446.1 55
1095, 1096 97 2447, 2448 44
1097, 1098 80 2449, 2450 44
1099, 1100 80 2451, 2452 44
1101, 1102 97 2453, 2454 44
1102.1 97 2455, 2456 44
1103, 1104 87 2457, 2458 44
1105, 1106 87 2459, 2460 44
1107, 1108 87 2461, 2462 44
1109, 1110 97 2501, 2502 53
1111, 1112 97 2503, 2504 53
1113, 1114 97 2505, 2506 53
1115, 1116 97 2507, 2508 53
1117, 1118 97 2509, 2510 53
1119, 1120 97 2511, 2512 53
1121, 1122 97 2513, 2514 53
1123, 1124 97 2515 53
1125, 1126 97 2535, 2536 12
1126.1, 1126.2 97 2537, 2538 12
1126.3, 1126.4 97 2539, 2540 12
1126.5, 1126.6 97 2541, 2542 12
1126.7, 1126.8 97 2543 12
1126.9 97 2563, 2564 OC
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Supp. No. 97
CHECKLIST OF UP-TO-DATE PAGES
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2615, 2616 OC 3739, 3740 27
2617, 2618 OC 3741, 3742 27
2619, 2620 OC 3743, 3744 29
2621 OC 3745, 3746 29
2671, 2672 66 3747, 3748 30
2673, 2674 66 3749, 3750 35
2675, 2676 66 3751, 3752 51
2677, 2678 66 3752.1, 3752.2 55
2679, 2680 66 3752.3, 3752.4 57
2735, 2736 53 3752.5, 3752.6 59
2737 53 3752.7, 3752.8 75
2787 25 3752.9, 3752.10 77
2837, 2838 OC 3752.11, 3752.12 77
2839, 2840 OC 3752.13, 3752.14 81
2841, 2842 OC 3752.15, 3752.16 86
2843, 2844 OC 3752.17, 3752.18 97
2895, 2896 OC 3753, 3754 OC
2897 OC 3755, 3756 OC
2947, 2948 OC 3757, 3758 OC
2949, 2950 44 3759, 3760 OC
2951, 2952 OC 3761, 3762 OC
2953, 2954 OC 3763, 3764 OC
3005 53 3765, 3766 OC
3063, 3064 OC 3767, 3768 53
3065, 3066 OC 3769, 3770 OC
3067, 3068 OC 3771, 3772 53
3119 OC 3773, 3774 53
3169, 3170 OC 3775, 3776 53
3671, 3672 OC 3777, 3778 66
3673 5 3827,3828 97
3723, 3724 OC 3829, 3830 97
3725, 3726 OC 3831, 3832 97
3727, 3728 1 3833, 3834 96
3729,3730 10 3835 96
3731, 3732 14 3849, 3850 85
3733, 3734 14 3851, 3852 85
3735, 3736 19 3853, 3854 95
3737, 3738 18 3854.1, 3854.2 90
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Supp. No. 97
ST. LUCIE COUNTY CODE
Page No. Supp. No.
3855, 3856 91
3856.1 91
3857, 3858 74
3859, 3860 87
3861, 3862 97
3862.1 97
3863, 3864 87
3865, 3866 87
3867, 3868 90
3868.1 90
3869, 3870 88
3871, 3872 95
3873, 3874 96
3874.1, 3874.2 96
3875, 3876 97
3876.1, 3876.2 97
3877, 3878 91
3879, 3880 81
3881, 3882 95
3882.1 95
3883, 3884 97
3885, 3886 91
3887, 3888 91
3889, 3890 93
3891, 3892 93
3893, 3894 93
3894.1, 3894.2 93
3894.3, 3894.4 93
3895, 3896 97
3897 97
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Supp. No. 97
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately
determine what ordinances have been considered for codification in each
supplement. Ordinances that are of a general and permanent nature are
codified in the Code and are considered "Included." Ordinances that are not of
a general and permanent nature are not codified in the Code and are
considered "Omitted."
In addition, by adding to this table with each supplement, users of this Code
of Ordinances will be able to gain a more complete picture of the Code's
historical evolution.
Ord. No. Date
Adopted Included/
Omitted
Supp. No.
10-038 11-9-2010 Include 89
11-004 2-1-2011 Include 89
11-OOlA 3-1-2011 Include 90
11-006 4-5-2011 Include 90
11-008 3-1-2011 Include 90
11-009 3-1-2011 Omit 90
11-010 6-7-2011 Include 91
11-014 5-3-2011 Include 91
11-016 5-3-2011 Include 91
11-020 7-5-2011 Include 91
11-028 9-27-2011 Include 92
11-025 11-1-2011 Include 93
11-029 10-18-2011 Include 93
11-030 12-20-2011 Include 94
12-001 1-3-2012 Include 94
12-011 7-3-2012 Include 95
12-012 7-3-2012 Omit 95
12-012 7-3-2012 Omit 95
12-015 8-7-2012 Include 96
12-016 9-4-2012 Include 96
12-017 9-4-2012 Include 96
12-018 9-4-2012 Include 96
12-020 10-23-2012 Include 97
Supp. No. 97 SH:1
ADMINISTRATION § 1-2-67
(3) Persons who communicate with board members to express support of or opposition to
any item pending before the board in their individual capacity for the purpose of
self-representation, or on behalf of their immediate family, without compensation or
reimbursement.
(Ord. No. 88-30, Pt. A, 5-3-88; Ord. No. 91-06, Pt. B, 1-15-91)
ARTICLE VI. CRIMINAL HISTORY RECORD CHECKS
Sec. 1-2-66. Definitions.
As used in this article, the following terms shall be defined as follows:
Board shall mean the Board of County Commissioners of St. Lucie County, Florida.
County shall mean St. Lucie County, Florida, a political subdivision of the State of Florida.
Facilities shall mean those public facilities or publicly operated facilities determined by the
board to be critical to security or public safety.
FBI shall mean the Federal Bureau of Investigation.
FDLE shall mean the Florida Department of Law Enforcement.
Private contractor shall mean any private contractor, employee of a private contractor,
vendor, repair person, or delivery person.
(Ord. No. 03-07, Pt. A, 1-7-2003)
Sec. 1-2-67. Criminal history record check for certain employees and appointees.
(a) In accordance with Section 125.5801, Florida Statutes, the county shall require
employment screening as provided in this article for any position of county employment or
appointment which the board finds is critical to security or public safety. The board shall adopt
a resolution, which may be amended from time to time, setting forth a list of such positions.
(b) Each person applying for, or continuing employment, in any such position shall be
fingerprinted. The fingerprints shall be submitted to the FDLE for a state criminal history
record check and to the FBI for a national criminal history record check.
(c) The county shall use the information obtained from the criminal history record checks
conducted pursuant to this article to determine an applicant's eligibility for employment or
appointment and to determine an employee's eligibility for continued employment. Except as
otherwise provided herein, the county administrator, or his designee, shall be responsible for
this determination. The county attorney shall be responsible for a making a recommendation
to the board with regard to criminal history record checks obtained for applicants for the
position of county administrator or an existing county administrator's continued employment.
(Ord. No. 03-07, Pt. A, 1-7-2003)
Supp. No. 97 70.1
§ 1-2-68 ST. LUCIE COUNTY CODE
Sec. 1-2-68. Criminal history record check for certain private contractors.
(a) In accordance with Section 125.5801, Florida Statues, the county shall require screen-
ing as provided in this article for any private contractor who has access to any public facility
or publicly operated facility which the board finds is critical to security or public safety. The
board shall adopt a resolution, which may be amended from time to time, setting forth a list
of such facilities.
(b) Each private contractor having access to such facilities shall be fingerprinted. The
fingerprints shall be submitted to the FDLE for a state criminal history record check and to the
FBI for a national criminal history record check.
(c) The county shall use the information obtained from the criminal history record checks
conducted pursuant to this article to determine whether a private contractor shall be
permitted access to such facilities. Except as otherwise provided herein, the county adminis-
trator, or his designee, shall be responsible for this determination.
(Ord. No. 03-07, Pt. A, 1-7-2003)
ARTICLE VII. GRAFFITI
Sec. 1-2-69. Definitions.
Graffcti: Any unauthorized inscription, word, figure, painting, or other defacement, that is
written, marked, etched, sprayed, drawn, painted, or engraved on or otherwise affixed to any
surface of any public or private property by any graffiti implement.
Graffiti implement: An aerosol paint container, broad-tipped marker, gum label, paint stick
or graffiti stick, etching equipment, brush or any other device capable of scarring or leaving a
visible mark on any natural or manmade surface.
(Ord. No. 07-057, Pt. A, 11-20-2007)
Sec. 1-2-70. Prohibited acts.
It shall be unlawful for any person to apply graffiti to any natural or man-made surface on
any property within the unincorporated county.
(Ord. No. 07-057, Pt. A, 11-20-2007)
Sec. 1-2-71. Penalties.
Any person violating section 1-2-70 shall be guilty of a second degree misdemeanor, in
addition to any penalties that may be imposed by the state. In the case of a minor, the parents
or legal guardian shall be jointly and severally liable with the minor for payment of all fines.
Failure of the parents or legal guardian to make payment will result in the filing of a lien on
the parents' or legal guardians' property that includes the fine and administrative costs.
(Ord. No. 07-057, Pt. A, 11-20-2007)
Supp. No. 97 70.2
AIRPORTS AND AIRCRAFT § 1-2.3-79
(2) Fuels shall only be stored and dispensed on the airport by those entities operating
under an agreement approved by the county granting such permission.
(c) Refueling, defueling, and fuel storage operations.
(1) A properly trained operator shall be present (and responsive) at all times while fuel
delivery vehicles transfer fuel into or out of any fuel storage facility.
(2) The operator shall remain within the immediate vicinity, in close proximity to, and in
direct view of all operating controls and equipment.
(3) The operator shall not leave the discharge end of any hose or hoses unattended at any
time while the transfer of fuel is in progress.
(4) The operator shall not block open, disengage, and/or deactivate the deadman while
fueling and/or transferring fuel.
(5) Aircraft shall not be refueled or defueled in an area where aircraft engines are
operating, aircraft (or engines) are being warmed by application of heat, or while the
aircraft is located in a hangar.
(6) All fuel handled on the airport shall be treated with due caution and circumspection
with regard to the rights and safety of others so as not to endanger, or likely to
endanger, persons or property.
(7) Individuals engaged in the refueling, defueling, and oil servicing of aircraft (or
vehicles), the filling of refueling vehicles or dispensing equipment, or the dumping or
pumping or loading of aviation fuels (or oils) into or from fuel (or oil) storage facilities
shall exercise care and extreme caution to prevent overflow of fuel (or oils) and/or
spills.
(8) In the event of a spill, section 1-2.3-55 of these rules and regulations shall be followed.
(9) Refueling vehicles shall be positioned so that the vehicle can be directly driven or
towed away from the loading or fueling position in the event of fire or spill.
(10) Not more than one (1) refueling vehicle shall be positioned to refuel each wing of an
aircraft and not more than two (2) refueling vehicles shall be positioned to service the
same aircraft.
(11) Aircraft fuel handling shall be conducted outdoors and at least fifty (50) feet from any
hangar, facility, and any combustion and ventilation air-intake to any boiler, heater, or
incinerator room or as approved by the fire marshal.
(12) Pouring or gravity transfer of fuel from containers larger than five (5) gallons is
prohibited.
a. Pumps, either hand or power operated, shall be used when aircraft are fueled
from containers larger than five (5) gallons.
b. All containers shall be designed for the type of fuel contained therein.
Supp. No. 97 82.29
§ 1-2.3-79 ST. LUCIE COUNTY CODE
(13) Aircraft or vehicles shall not be refueled or defueled if an electrical storm is in progress
within the immediate vicinity of the airport.
(14) When aircraft are being refueled or defueled, the refueling vehicle shall be bonded to
the aircraft to equalize the voltage potential between the refueling vehicle and the
aircraft.
All hoses, nozzles, spouts, funnels, and appurtenances used in refueling and defueling
operations shall be FM or UL approved and shall be equipped with a bonding device to
prevent ignition of volatile liquids.
(15) Refueling vehicle operators shall not operate the vehicle in reverse anywhere on the
airport unless another person is present and capable of monitoring and directing the
movement of the vehicle.
(16) Aircraft shall not be refueled or defueled while passengers are on board unless a
passenger-loading ramp is in place at the aircraft cabin door, the door is in the open
position, and an attendant is present at or near the door.
If an incapacitated patient is on board the aircraft during refueling operations, fire
department personnel and firefighting/rescue equipment must be available at the
scene.
(17) No person shall operate any radio transmitter or receiver (or switch electrical
appliances on or off in an aircraft) during refueling or defueling unless said radio
transmitter or receiver is designed for such environment.
(18) Smoking is prohibited in or about any aircraft, on any apron, or within one hundred
(100) feet of an aircraft being fueled or defueled.
(19) For single point refueling, deadman controls or mechanism shall be utilized and shall
remain in good working order at all times.
No person shall deactivate or bypass a deadman control or mechanism at any time.
(20) During refueling operations, no person shall use any material or equipment that is
likely to cause a spark or ignition within fifty (50) feet of such aircraft or vehicle.
Smoking, matches, lighters, or any open flames are prohibited on the AOA and within
fifty (50) feet of any aircraft, refueling vehicle, fuel storage facility, or any aircraft being
fueled or defueled
(21) The county assumes no liability or responsibility for violations of any applicable
refueling requirements and procedures.
a. The operator or lessee shall be solely responsible for any violation incident to or
in connection with the operator's or lessee's fueling storage facilities, equipment,
operations, and training.
b. The operator or lessee shall reimburse the airport for any fines, legal or court
costs, incurred by the airport for such violations.
Supp. No. s7 82.30
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.
Takeover 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.
Supp. No. 97 $7
§ 1-2.5-5 ST. LUCIE COUNTY CODE
(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
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 marshal 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.
Supp. No. 97 $$
ALARM SYSTEMS § 1-2.5-9
(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
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 hereof. 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 tax 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. 97 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 anon-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 i£
(1) The requested information is not supplied on the application.
Supp. No. 97 90
ANIMALS AND FOWL § 1-4-20
c. Has been used primarily or in part for the purpose of dog fighting or is a dog
trained for dog fighting; or,
d. Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided such actions are attested to in a sworn statement by one (1) or
more persons and investigated by the public safety manager.
(3) A dog shall not be declared dangerous if the threat, injury, or damage was sustained by
a person who, at the time, was unlawfully on the property or, while lawfully on the
property, was tormenting, abusing, or assaulting the dog or its owner or a family
member. No dog may be declared dangerous if the dog was protecting or defending a
human being within the immediate vicinity of the dog from an unjustified attack or
assault.
(4) After the investigation, the public safety manager shall make an initial determination
as to whether there is sufficient cause to classify the dog as dangerous and shall afford
the owner an opportunity for a hearing prior to making a final determination. The
public safety manager shall provide written notification of the sufficient cause finding
to the owner by registered mail, certified hand delivery, or service in conformance with
the provisions of Chapter 48, Florida Statutes, relating to service of process.
(5) The owner may file a written request for a hearing within seven (7) calendar days from
the date of receipt of the notification of the sufficient cause finding and, if requested,
the hearing shall be held as soon as possible, but not more than twenty-one (21)
calendar days and no sooner than five (5) days after receipt of the request from the
owner.
(d) Classification of dog as dangerous-Appeal. If a dog is classified as a dangerous dog
pursuant to this section, the public safety manager shall provide written notification to the
owner by registered mail, certified hand delivery or service, and the owner may file a written
request for a hearing in county court in St. Lucie County to appeal the classification within ten
(10) business days after receipt of a written determination of dangerous dog classification and
must confine the dog in a securely fenced or enclosed area pending a resolution of the appeal.
(e) Registration of dog classified as dangerous. Within fourteen (14) days after a dog has
been classified as dangerous by the public safety manager or a dangerous dog classification is
upheld by the county court on appeal, the owner of the dog must obtain a certificate of
registration for the dog from the public safety manager, and the certificate shall be renewed
annually. The public safety manager shall issue such certificates and renewals only to persons
who are at least eighteen (18) years of age and who present sufficient evidence of the following:
(1) A current certificate of rabies vaccination for the dog.
(2) A proper enclosure to confine a dangerous dog and the posting of the premises with a
clearly visible warning sign at all entry points that informs both children and adults
of the presence of a dangerous dog on the property.
Supp. No. 97 161
§ 1-4-20 ST. LUCIE COUNTY CODE
(3) Permanent identification of the dog, such as a tattoo on the inside thigh or electronic
implantation.
(4) Proof of payment of the appropriate fee as established by resolution of the board of
county commissioners.
(f) Required notification for dogs classified as dangerous. The owner of a dog classified as
dangerous pursuant to this section shall immediately notify the public safety manager in the
event the dog:
(1) Is loose or unconfined.
(2) Has bitten a human being or attacked another animal.
(3) Is sold, given away, or dies.
(4) Is moved to another address.
Prior to a dangerous dog being sold or given away, the owner shall provide the name, address,
and telephone number of the new owner to the public safety manager. The new owner must
comply with all of the requirements of this ordinance.
(g) Confiscation and destruction of a dog previously classified as dangerous-Appeal. If a
dog that has previously been declared dangerous attacks or bites a person or a domestic animal
without provocation, the owner is guilty of a misdemeanor of the first degree, punishable as
provided in Sections 775.082 or 775.083, Florida Statutes. In addition, the county shall
immediately confiscate the dangerous dog and place it in quarantine, if necessary, for the
proper length of time, or impound and hold it for ten (10) business days after the owner is given
written notification under section 1-4-20(d), and thereafter destroy the dog in an expeditious
and humane manner. This ten-day period shall allow the owner to request a hearing under
section 1-4-20(d). The owner shall be responsible for payment of all boarding costs and other
fees as may be required to humanely and safely keep the animal during any appeal procedure.
(h) If a dog that has not been declared dangerous attacks and causes severe injury to or
death of any human, the dog shall be immediately confiscated by the county, placed in
quarantine, if necessary, for the proper length of time or held for ten (10) business days after
the owner is given written notification under section 1-4-20(d) and thereafter destroyed in an
expeditious and humane manner. This ten-day period shall allow the owner to request a
hearing under section 1-4-20(d). The owner shall be responsible for payment of all boarding
costs and other fees as may be required to humanely and safely keep the animal during any
appeal procedure. In addition, if the owner of the dog had prior knowledge of the dog's
dangerous propensities, yet demonstrated a reckless disregard for such propensities under the
circumstances, the owner of the dog is guilty of a misdemeanor of the second degree,
punishable as provided in Sections 775.082 or 775.083, Florida Statutes.
(i) If a dog that has previously been declared dangerous attacks and causes severe injury to
or death of any human, the owner is guilty of a felony of the third degree, punishable as
provided in Section 775.082, 775.083 or 775.084, Florida Statutes, pursuant to Section
767.13(3), Florida Statutes. In addition, the dog shall be immediately confiscated by the
county, placed
Supp. No. 97 162
CIVIL DEFENSE AND EMERGENCY MANAGEMENT § 1-6.3-54
emergency so declared shall continue for seven (7) days, unless extended as necessary, in
seven-day increments. However, if the local emergency involves a threat to private structure
or public infrastructure, the local emergency may remain in effect for up to thirty (30) days.
(b) A declaration of emergency shall activate the applicable St. Lucie County emergency
management plans and shall constitute authority for the following in lieu of the procedures
and formalities otherwise required by the county by law pertaining to:
(1) Performance of public work, and any other prudent action necessary to ensure the
health, safety, and welfare of the citizens of St. Lucie County;
(2) Entering into contracts;
(3) Incurring obligations;
(4) Employment of permanent and temporary workers;
(5) Utilization of volunteer workers;
(6) Rental of equipment;
(7) Acquisition and distribution, with or without compensation, of consumer goods,
supplies, materials and facilities; and
(8) Appropriation and expenditure of public funds.
(c) The county administrator or designee or enforcement officials shall implement the
provisions of this article with or without instructions as may be furnished by the board of
county commissioners and the county administrator.
(d) Nothing in this article shall be construed to limit the authority of the board of county
commissioners to declare, limit, or terminate a state of emergency, and to take any action
authorized by law, when convened in a regular or special meeting.
(Ord. No. 01-21, Pt. A, 10-16-01)
Sec. 1-6.3-54. Prohibitions against price gouging.
(a) Upon declaration of an emergency pursuant to section 1-6.3-53 of this article, and
through the duration of such emergency, it shall be an unlawful method of competition and an
unfair and deceptive trade act or practice for a person or his or her agent or employee doing
business in St. Lucie County to charge more than the average retail price for any consumer
goods.
(b) Upon declaration of an emergency pursuant to section 1-6.3-53 of this article, and
through the duration of such emergency, it shall be an unlawful method of competition and an
unfair and deceptive trade act or practice for a person or his or her agent or employee to impose
unconscionable prices for the rental or lease of any dwelling unit or self-storage facility.
Supp. No. 97 271
§ 1-6.3-54 ST. LUCIE COUNTY CODE
(c) This section does not prevent the seller of consumer goods from charging an amount in
excess of the average retail price, if such higher price is the direct result of, and limited to, any
increased cost for the consumer goods from the manufacturer, distributor, or wholesaler to the
seller. In such instances, only the actual cost increase per item from the manufacturer,
distributor, or wholesaler can be added to the average retail price.
(d) This section does not interfere with the authority of government to acquire and to
distribute consumer goods, supplies, materials, and facilities, with or without compensation.
(e) A price increase approved or authorized by a government agency, law, statute, or
regulation shall not be a violation of this article's prohibitions.
(Ord. No. 01-21, Pt. A, 10-16-01)
Sec. 1-6.3-55. Enforcement.
Failure to comply with the requirements of section 1-6.3-54 of this article shall constitute a
violation of this article. It shall be the duty of all enforcement officials to assist in the
enforcement of this article. Violations of the provisions of this article may be prosecuted in the
name of the state in a court having jurisdiction of misdemeanors by the prosecuting attorney
thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars
($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such
fine and imprisonment, pursuant to section 125.69(1), Florida Statutes. Each day of noncom-
pliance shall constitute a separate violation.
(Ord. No. 01-21, Pt. A, 10-16-01)
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Supp. No. 97 272
ECONOMIC DEVELOPMENT 1-7.55-1
Number of Jobs Created Per Cent of Average Private
Sector Wage
Waiver Amount
Minimum of 10 200% plus benefits $7,500 per job created
(2) If the applicant qualifies under subsection (d)(2) above, it shall be eligible to receive an
economic development impact fee mitigation in the following amounts; provided,
however that the board may increase these mitigation amounts in the event the
applicant exceeds these requirements:
Number of Jobs
Created Total Capital Investment Waiver Amount
Minimum of 10 $10,000,000 to 40% of total county impact
$14,999,999.99 fees
Minimum of 10 $15,000,000 to 50% of total county impact
$19,999,999.99 fees
Minimum of 10 $20,000,000 or more 60% of total county impact
fees
(3) Each applicant shall only be eligible for mitigation under either subsection (c)(1) or
subsection (c)(2), but not both.
(h) If the county administrator finds that the applicant meets the requirements provided
herein for mitigation, the county administrator shall agenda an impact fee mitigation
agreement before the board of county commissioners, which shall contain, but not be limited
to, the St. Lucie county impact fee mitigation application for qualified target industries and
any other documents as requested by the county administrator. Because this program is not an
entitlement program, the board may reject the request for mitigation without cause.
(i) Any incentive approved pursuant to the economic development impact fee mitigation
program shall be paid from other legally available funds (other than impact fees).
(j) Any request for economic development impact fee mitigation must be submitted to the
county by the applicant prior to the applicant deciding whether or not they will expand or
locate in St. Lucie County.
(Ord. No. 08-007, Pt. A, 1-15-2008)
Supp. No. 97 345
Chapter 1-7.6
ENVIRONMENTAL PROTECTION*
Art. I. In General, §§ 1-7.6-1-1-7.6-29
Art. II. Marine Sanitation, §§ 1-7.6-30-1-7.6-39
Art. III. On-Site Sewage Disposal Systems on Hutchinson Island, §§ 1-7.6-40-1-
7.6-44
Art. IV. Florida-Friendly Fertilizer Use, §§ 1-7.6-45-1-7.6-56
ARTICLE I. IN GENERAL
Secs. 1-7.6-1-1-7.6-29. Reserved.
*Editor's note-Former Ch. 1-7.6, "Environmental control," was repealed by Ord. No.
90-36, Pt. C, adopted July 26, 1990, effective Aug. 1, 1990, which ordinance enacted a land
development code for the county. The repealed provisions were contained in §§ 1-7.6-1-1-7.6-
15, 1-7.6-20-1-7.6-45, 1-7.6-50-1-7.6-70, 1-7.6-85-1-7.6-104, 1-7.6-110-1-7.6-117, 1-7.6-
131-1-7.6-139, 1-7.6-151-1-7.6-160, and 1-7.6-166-1-7.6-169. The repealed provision de-
rived from the following ordinances:
Ord. No. Part Date Ord. No. Part Date
85-04 A 6-18-85 EC-87-03 2-7 10- 5-87
EC-86-02 1 2- 1-86 ECB-89-02 2, 3 2-13-89
86-11 A 5-27-86 EC-89-03 1 8-22-89
EC-87-O1 1 1-19-87 EC-89-04 1 11- 7-89
Cross references-Drainage and erosion control, Ch. 1-7.5; health and sanitation gener-
ally, Ch. 1-10; planning, Ch. 1-16; special act provisions relative to drainage and erosion
control, Ch. 2-6; special act provisions relative to environmental control, Ch. 2-6.5; special act
provisions relative to planning, Ch. 2-14.
Supp. No. 97 347
§ 1-7.6-30 ST. LUCIE COUNTY CODE
ARTICLE II. MARINE SANITATION*
Sec. 1-7.6-30. Statement of purpose.
It is the purpose of this article to promote the water quality and the public health and
general welfare of the county, by regulating the discharge of sewage and other waste or
discharges from marine-related activities and by providing for regulations for the mooring of
vessels, live-aboard vessels and floating homes.
(Ord. No. 90-31, Pt. A, 8-21-90)
Sec. 1-7.6-31. Definitions.
[The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different
meaning:]
Approved discharge device. A device which is currently listed by the United States Coast
Guard as an approved marine sanitation device.
Board. The St. Lucie County board of county commissioners.
Floating home. Any waterborne structure designed for use primarily as a home or dwelling.
The term shall include any vessel which has been altered or converted into a home or dwelling
and which is incapable of navigation by means of self-propulsion.
Liue-aboard vessel.
(1) Any vessel or floating home used solely as a residence. A person who uses a vessel or
floating home for overnight occupation for a period exceeding seventy-two (72) hours in
any ten-day period will be presumed to be residing on the vessel or floating home for
the purposes of this article.
(2) Any vessel represented as a place of business; a professional or other commercial
enterprise, or a legal residence.
(3) A commercial fishing boat is expressly excluded from the term "live-aboard vessel."
Marina. Any vessel docking facility which is used to conduct the business of providing
services to vessels such as, but not limited to, the fueling of vessels, the sale of marine supplies,
or the rental of location for moorage or dockage.
*Editor's note-Ordinance No. 90-31, Pt. A, adopted Aug. 21, 1990, added Art. IV,
§§ 1-7.6-70-1-7.6-78, to Ch. 1-7.6. At the discretion of the editor, the new provisions were
included as Art. II, §§ 1-7.6-30-1-7.6-38.
Cross references-Garbage, trash and refuse, Ch. 1-9; sludge, septage and sewage
disposal, § 1-10-21 et seq.
State law references-Authority to establish, coordinate and enforce ordinances for
regulations of waste and sewage collection and disposal, F.S. § 125.01(1)(k); authority to enact
and enforce regulations which prohibit or restrict mooring or anchoring of floating structures
or live-aboard boats within jurisdiction of board of commissioners, F.S. § 327.60(2).
Supp. No. 97 348
Chapter 1-7.9
FIRE PROTECTION
Art. I. Fire/EMS Protection Impact Fee, §§ 1-7.9-1-1-7.9-17
Art. II. Fireworks, §§ 1-7.9-18, 1-7.9-19
ARTICLE I. FIRE/EMS PROTECTION IMPACT FEE
Sec. 1-7.9-1. Short title, authority, and applicability.
(a) This article shall be known and may be cited as the "Fire/EMS Protection Impact Fee
Ordinance".
(b) The Board of County Commissioners of St. Lucie County has the authority to adopt this
article pursuant to Article VIII of the Constitution of the State of Florida and to Chapter 125
and sections 163.3201 and 163.3202(3), Florida Statutes.
(c) The St. Lucie County Fire District is the sole provider of fire/emergency medical services
in St. Lucie County.
(d) St. Lucie County must collect fire/EMS protection impact fees in order to provide the fire
district with funds to adequately provide fire/EMS services for all St. Lucie County residents,
including residents of the cities. Development within the cities impacts the fire/EMS capital
needs of the fire district.
(e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal
agreements with the affected municipalities.
(Ord. No. 00-003, Pt. A, 5-9-2000)
Sec. 1-7.9-2. Intents and purposes.
(a) This chapter is intended to implement and be consistent with the goals, objectives and
policies of the St. Lucie County Comprehensive Plan.
(b) The purpose of this chapter is to regulate the use and development of land so as to
assure that new development bears a proportionate share of the cost of capital expenditures
necessary to provide fire/EMS protection and services in St. Lucie County.
(c) The Florida Legislature through the enactment of Section 163.3202, Local Government
Comprehensive Planning and Land Development Regulation Act and Section 380.06(16) of the
Environmental Land and Water Management Act, Chapters 163 and 380, Florida Statutes,
respectively, has sought to encourage local governments to enact impact fees as a part of their
land development regulation program.
(Ord. No. 00-003, Pt. A, 5-9-2000)
Supp. No. 97 373
§ 1-7.9-3 ST. LUCIE COUNTY CODE
Sec. 1-7.9-3. Rules of construction.
(a) The provisions of this article shall be liberally construed so as to effectively carry out its
purpose in the interest of the public health, safety, and welfare.
(b) For the purposes of administration and enforcement of this article, unless otherwise
stated in this article, the following rules of construction shall apply to the text of this article:
(1) In case of any difference of meaning or implication between the text of this article and
any caption, illustration, summary table, or illustrative table, the text shall control.
(2) The word "shall" is always mandatory and not discretionary; the word "may" is
permissive.
(3) Words used in the present tense shall include the future; and words used in the
singular number shall include the plural, and the plural the singular, unless the
context clearly indicates the contrary.
(4) The phrase "used for" includes "arranged for," "designed for," "maintained for," or
"occupied for."
(5) The word "person" includes an individual, a corporation, a partnership, an incorpo-
rated association, or any other similar entity.
(6) Unless the context clearly indicates the contrary, where a regulation involves two (2)
or more items, conditions, provisions, or events connected by the conjunction "and,"
"or" or "either ... or," the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected terms, conditions, provisions or events
shall apply.
b. "Or" indicates that the connected items, conditions, provisions or events may
apply singly or in any combination.
c. "Either ... or" indicates that the connected items, conditions, provisions or
events shall apply singly but not in combination.
(7) The word "includes" shall not limit a term to the specific example but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
(8) "County administrator" means the county administrator or whoever he/she may
designate to carry out the administration of this article.
(9) Unless the context clearly indicates to the contrary, all land use terminology in this
article shall have the same meaning as it has in the St. Lucie County Land
Development Code.
(Ord. No. 00-003, Pt. A, 5-9-2000)
Sec. 1-7.9-4. Definitions.
(a) A "capital improvement" includes, but is not limited to, site planning, land acquisition,
site improvements, buildings, motor vehicles, personal equipment and communications
facilities with a useful life of two (2) or more years, but excludes maintenance and operation.
Supp. No. 97 374
FIRE PROTECTION § 1-7.9-16
(b) Any funds not expended or encumbered by the end of the fiscal year immediately
following ten (10) years from the date the fire/EMS protection impact fee payment was received
shall, upon application of the current owner within one hundred eighty (180) days of the
expiration of the ten (10) year period, be returned to the current owner with interest at the rate
of six (6) per cent per annum.
(Ord. No. 00-003, Pt. A, 5-9-00)
Sec. 1-7.9-15. Exemptions.
(a) The following shall be exempted wholly or in part from payment of the fire/EMS
protection impact fee:
(1) Alteration or expansion of an existing building where no additional residential
dwelling units are created.
(2) The construction of accessory buildings or structures which will not produce additional
need for fire/EMS facilities over and above that produced by the principal building or
use of the land.
(3) The replacement of a destroyed or partially destroyed building or structure in
existence on or after July 1, 2000, with a new building or structure of the same or a
different use provided that no additional need for fire/EMS protection facilities will be
produced over and above those produced by the original use of the land.
(4) Any claim of exemption must be made no later than the time of application for a
building permit or electrical permit for a mobile home. Any claim not so made shall be
deemed waived.
(Ord. No. 00-003, Pt. A, 5-9-00)
Sec. 1-7.9-16. Appeals.
(a) Any decision made by the county administrator in the course of administering the
provisions of this chapter may be appealed to the board of county commissioners by filing a
petition of appeal within thirty (30) calendar days of the date of the rendition of the decision.
(b) The board of county commissioners shall review the petition at a public meeting within
thirty (30) calendar days from the date of appeal of said decision. The petitioner shall be
provided reasonable notice of the time, date, and place of the public meeting by certified mail,
return receipt requested, and invited to attend. Testimony at the public meeting shall be
limited to ten (10) minutes per side, unless an extension of time is granted by the board. The
board's decision shall be final for the purpose of administrative appeals.
The board of county commissioners shall revoke the decision of the county administrator
only if there is competent, substantial evidence in the record that the decision fails to
comply with this article.
(Ord. No. 00-003, Pt. A, 5-9-00)
Supp. No. 97 380.7
§ 1-7.9-17 ST. LUCIE COUNTY CODE
Sec. 1-7.9-17. Review and automatic adjustment of fees.
(a) The fire/EMS protection impact fee shall be adjusted by the county administrator in
April of each calendar year, beginning the first year after the adoption of this article. Unless
otherwise directed by the board of county commissioners, any adjustments to the fire/EMS
protection impact fee, made pursuant to this section, shall be effective the first Monday in
October of each calendar year. All adjustments to the fire/EMS protection impact fee shall be
based on the methodology described in paragraph (b) of this section.
(b) The base for computing any adjustment is the January Consumer Price Index-All
Urban Consumers for the United States, published each year by the United States Depart-
ment of Labor, Bureau of Labor Statistics. For the purpose of this section the initial index to
be referenced is January 2000. The fire/EMS protection impact fee shall be adjusted by the
percentage change in the index.
(c) If the index is changed so that the base year is different, the index shall be converted in
accordance with the conversion factor published by the United States Department of Labor,
Bureau of Labor Statistics. If the index is discontinued or revised, such other government
index or computation with which it is replaced shall be used in order to obtain substantially
the same result as would be obtained if the index had not been discontinued or revised.
(d) The board of county commissioners and the St. Lucie County Fire District shall review
the fire/EMS protection impact fee at least once every five (5) years from the effective date of
this article (October 1, 2000).
(Ord. No. 00-003, Pt. A, 5-9-00)
ARTICLE II. FIREWORKS
Sec. 1-7.9-18. Definitions.
Board means St. Lucie County Board of County Commissioners.
Building shall mean a permanent structure containing no fewer than four (4) outer walls
and a roof enclosing said walls, constructed in accordance with the local building code and a
duly issued building permit and for which occupancy is authorized by a duly issued certificate
of occupancy. For purposes of this section, the term building shall also include a part of the
structure, such as a unit or space within a shopping center.
Commercial structure or building shall mean a building constructed and used for the
purpose of producing income. For purposes of this section, the term commercial building shall
not include a building designed, constructed and used in accordance with the laws for
residential occupancy.
Fireworks means and includes any combustible or explosive composition or substance or
combination of substances or, except as hereinafter provided, any article prepared for the
purpose of producing deflagration, or detonation. The term includes blank cartridges and toy
cannons in which explosives are used, the type of balloons which require fire underneath to
Supp. No. 97 380.8
Chapter 1-8
FISH AND GAME*
Sec. 1-8-1. Length of nets in Indian River restricted; marking.
(a) It shall be unlawful for any person to place or cause to be placed in the waters of Indian
River in the county any net or combination of nets tied, joined or connected in any manner
which exceed one thousand two hundred (1,200) yards in length.
(b) Any person, firm or corporation that places or causes to be placed, or has nets placed in
the waters of Indian River in the county between sunset and sunrise shall, on all nets over two
hundred (200) yards in length, have and maintain a bright burning light on each end of each
net. On nets having a length of two hundred (200) yards or less, where one end of the net is not
more than fifty (50) yards from land, the offshore end of each net shall be marked with a bright
burning light.
(Ord. No. 71-8, §§ 1, 2, 12-7-71)
*Cross reference-Special act provisions relating to fish and game, Ch. 2-7.
Supp. No. 97 381
GARBAGE, TRASH AND REFUSE § 1-9-16
for a period of longer than five (5) days and is not stored in an enclosed building, or at an
authorized junk or auto wrecking yard. Evidence of removed or flat tires; partial or complete
dismantling motor vehicle, boat or trailer in other than an upright or operable manner; or lack
of a current license plate or current registration decal shall raise a rebuttable presumption
that the motor vehicle, boat or trailer is abandoned property.
Abandoned real property means any real property in unincorporated St. Lucie County that
is vacant and is under a current notice of default and is the subject of a foreclosure action or
proceeding, is the subject of a foreclosure sale where the title was retained by the mortgagee
involved in the foreclosure, and/or has been transferred under a deed in lieu of foreclosure or
sale to the mortgagee.
Actual cost means the actual contract amount plus interest, if any, as invoiced by an
independent, private contractor for terminating and abating a violation of this article on a lot,
tract, or parcel, plus the cost of serving notice of the violation, obtaining title information on
the property, and all other identifiable costs incurred by the county in the cleanup of the lot,
tract, or parcel.
Compatible electronic medium or media means machine-readable electronic repositories of
data and information, including, but not limited to, magnetic disk, magnetic tape, and
magnetic diskette technologies, which provide without modification that the data and
information therein are in harmony with and can be used in concert with the data and
information on the ad valorem tax roll keyed to the property identification number used by the
St. Lucie County Property Appraiser.
Compost bin means a container designed for the purpose of allowing nonliving plant
material to decompose for use as fertilizer. For purposes of this article, any such compost bin
shall be constructed of wire, wood lattice or other material which allows air to filter through
the structure. A compost bin shall not exceed an area of sixty-four (64) square feet or a height
of five (5) feet.
Debris means fragments or accumulations of pieces of metal, rubber, plastic, cloth or any
other natural, manufactured or vegetative matter.
Enforcement officer means sheriff, code enforcement officer or any other officer designated by
resolution of the board of county commissioners to enforce the provisions of this section.
Fill means material such as dirt that is imported and deposited on property by artificial
means.
Foreclosure means the legal process by which a parcel, tract, lot or other defined area of real
property, placed as security for a real estate loan, is prepared for sale by the lender/mortgagee
to satisfy the debt if the borrower/mortgagor defaults. This definition shall include all
processes, activities and actions, by whatever name, associated with the described process.
Garbage means any waste part of food or other discarded animal or vegetable matter subject
to bacterial decay.
Supp. No. 97 423
§ 1-9-16 ST. LUCIE COUNTY CODE
Grass, weeds, or brush means grass or weeds or brush that, when allowed to grow in a wild
and unkempt manner, will reach a height of twelve (12) inches or more. This definition does not
include bushes, shrubs, trees, vines, flowering plants, and other living plant life typically used
and actually being used for landscaping purposes.
Imminent public-health threat means the condition of a lot, tract, or parcel of land that,
because of the accumulation of trash, junk or debris, such as broken glass, rusted metal,
automotive and appliance parts, some of which may contain chemicals, such as freon, oils,
fluids, or the like, may cause injury or disease to humans or contaminate the environment, or
the condition of a lot, tract or parcel that, because of the excessive growth of grass, weeds,
brush, or decaying vegetative matter can harbor criminal activity, attracting or breeding flies,
mosquitos or other arthropods and rodents, or vermin capable of physical harm and
transmitting diseases.
Junk means pieces, parts, or discarded whole units of metal, rubber, plastics, glass, or other
objects manufactured from either organic or inorganic materials.
Levy means the imposition of non-ad valorem assessments against property found to be in
violation of this article.
Local means within the boundaries of St. Lucie County, Florida.
Local agent means an agent, located in St. Lucie County, designated by the mortgagee upon
registration as required under this section.
Mortgagee means the creditor, including but not limited to, trustees; service companies;
lenders in a mortgage agreement; any agent, servant, or employee of he creditor; any successor
in interest; or any assignee of the creditor's rights, interests or obligations under the mortgage
agreement. For purposes of this section only, the term mortgagee does not apply to govern-
mental entities.
Non-ad valorem assessment means a special assessment that is not based upon millage and
that can become a lien against a homestead as permitted in section 4 ofArticle X of the Florida
Constitution.
Non-ad valorem assessment roll means the roll prepared by the county and certified to the
St. Lucie County Property Appraiser and Tax Collector, as appropriate under Florida law, for
collection.
Non-living plant material means non-living vegetation such as leaves, grass cuttings,
shrubbery cuttings, tree trimmings and other material incidental to attending the care of
lawns, shrubs, vines and trees.
Owner means every person, entity, or service company, who alone or severally with others:
(1) Has legal or equitable title to any dwelling, dwelling unit, mobile dwelling unit,
building, structure, or parcel of land, vacant or otherwise, including a mobile home
park; or
Supp. No. 97 424
GARBAGE, TRASH AND REFUSE § 1-9-17
(2) Has care, charge or control of any dwelling, dwelling unit, mobile dwelling unit,
building, structure or parcel of land, vacant or otherwise, including a mobile home
park, in any capacity including but not limited to agent, executor, executrix, admin-
istrator, administratrix, trustee or guardian of the estate of the holder of legal title; or
(3) Is a mortgagee in possession of any such dwelling, dwelling unit, mobile dwelling unit,
building, structure, or parcel of land, vacant or otherwise, including a mobile home
park; or
(4) Is an agent, trustee or other person appointed by the courts and vested with possession
or control of any such dwelling, dwelling unit, mobile dwelling unit, building,
structure, or parcel of land, vacant or otherwise, including a mobile home park; or
(5) Is a person who operates a rooming house.
Person means any individual firm, business, partnership, corporation, or unincorporated
association.
Property means a lot or tract or parcel of land and the adjacent unpaved and ungraded
portion of the right-of--way, whether such lot or tract or parcel is improved or unimproved.
Trash means waste material, including, but not limited to, putrescible and non-putrescible
waste, combustible and non-combustible waste, vegetative matter, and generally all waste
materials such as paper, cardboard, tin cans, lumber, concrete rubble, glass bedding, crockery,
household furnishings, household appliances, dismantled pieces of motor vehicles or other
machinery, rubber tires, rusted metal articles of any kind, broken parts of trees, pruning and
clippings.
Vacant means any building structure or dwelling, dwelling unit, mobile dwelling unit,
building, structure, or parcel of land, vacant or otherwise, including a mobile home park that
is not legally occupied for more than fifteen (15) days.
(Ord. No. 75-5, § 1, 12-23-75; Ord. No. 84-08, Pt. A, 5-15-84; Ord. No. 87-10, Pt. A, 3-24-87; Ord.
No. 96-009, Pt. A, 5-14-96; Ord. No. 10-011, Pt. A, 6-15-2010; Ord. No. 12-011, Pt. A, 7-3-12)
Cross reference-Rules of construction and definitions for Code, generally, § 1-1-2.
Sec. 1-9-17. Abandoned property, garbage, trash, junk, or debris-In or on roads or
public lands.
(a) No person shall throw, discard, place, deposit or cause to be discarded, placed or
deposited any abandoned property, garbage, trash, junk or debris in any manner or amount
whatsoever in or on any public highway, road, street, alley, thoroughfare, right-of--way, or on
any other county land in the unincorporated areas of the county, except in containers or areas
lawfully provided for the same.
(b) The existence of any abandoned property, garbage, trash, junk, or debris in or on any
public highway, road, street, alley, thoroughfare, right-of--way, or on any other county lands in
the unincorporated areas of the county containing evidence of ownership of the same shall be
prima facie evidence of intent to violate and of the violation of paragraph (a) of this section by
the person whose name appears on such material.
Supp. No. 97 424.1
§ 1-9-17 ST. LUCIE COUNTY CODE
(c) Supplemental procedure for removal and destruction of abandoned property on public
property.
(1) The enforcement of the provisions set forth in this section shall be by the St. Lucie
County code enforcement board, or other remedy of law available to the board of county
commissioners.
(2) If, following the issuance of an order by the code enforcement board or other
appropriate adjudicating authority, the owner or any person interested in the aban-
doned article or articles described in any such order has not removed the article or
articles from public property or shown reasonable cause for failure to do so, the
Supp. No. 97 424.2
GARBAGE, TRASH AND REFUSE § 1-9-19.5
removal and destruction thereof are paid by the owner as provided in subsection 1-9-19(e), in
which case the salvage value maybe deposited in the general fund of St. Lucie County, Florida.
(e) The owner of any abandoned motor vehicle or boat who, after order by the code
enforcement board or other appropriate adjudicating authority, does not remove the vehicle or
boat within the specified period shall be liable to the county for all costs of removal and
destruction of such property, less any salvage value received by the county. Upon such removal
and destruction, an enforcement officer shall notify the owner of the amount owed and the
penalty provision of this subsection. In the case of an abandoned boat, any person who neglects
or refuses to pay such amount shall not be entitled to be issued a certificate of registration for
any other boat until such costs have been paid. The code enforcement administrator shall
supply the Department of Environmental Protection with a list of persons whose boat
registration privileges have been revoked under this subsection. In the case of an abandoned
motor vehicle, any person who neglects or refuses to pay such amount shall be subject to a fine
of one hundred dollars ($100.00).
(f) Any enforcement officer or any person authorized by the enforcement officer shall be
immune from prosecution, civil or criminal, for reasonable, good faith trespass upon real
property while in the discharge of duties imposed by this section.
(Ord. No. 75-5, §§ 6, 7, 12-23-75; Ord. No. 84-08, Pt. A, 5-15-84; Ord. No. 87-10, Pt. A, 3-24-87;
Ord. No. 87-26, Pt. A, 7-21-87; Ord. No. 90-40, Pt. B, 9-4-90; Ord. No. 96-009, Pt. C, 5-14-96)
Sec. 1-9-19.5. Registration of abandoned real properties.
(a) Duty to provide written notice of abandoned real property
(1) Upon the filing of a lis pendens and/or any action to foreclose upon a mortgage or
similar instrument, all mortgagees must register with the county code enforcement
division, on forms provided by the division or, when available, electronically, all
abandoned real property within ten (10) calendar days after the mortgagee determines
the real property is abandoned. The mortgagee must designate and retain a local
individual or local property management company as the local agent responsible for
the security and maintenance of the real property. All registrations must state the
property address; the owner's name, mailing address and telephone number; the
mortgagee's name, mailing address, and telephone number; and the local agent's
name, mailing address, telephone number and e-mail address. Mailing addresses may
not be a post office box. This registration must also certify that the real property was
inspected and is abandoned real property.
(2) All real property registrations are valid for one (1) calendar year. An annual
registration fee of one hundred dollars ($100.00) for residential real property and one
hundred fifty dollars ($150.00) for multifamily residential real property or commercial,
or such other amount established by the Board of County Commissioners of St. Lucie
County by adoption of a resolution, shall accompany each registration form. Subse-
quent annual registrations and fees are due fifteen (15) days before the expiration of
the previous registration.
Supp. No. 97 427
§ 1-9-19.5 ST. LUCIE COUNTY CODE
(3) Once the real property is no longer abandoned real property or is sold, the mortgagee
must provide proof of sale or written notice and proof of occupancy to the county code
enforcement division.
(4) Any mortgagee that has registered real property under this section must report, in
writing, any change of information contained in the registration within ten (10)
calendar days of the change. The county will not charge an additional fee for
modifications to registrations.
(b) Maintenance requirements.
(1) All owners are responsible for maintaining their abandoned real properties in
accordance with the provisions of this section and all other applicable St. Lucie County
codes and ordinances.
(2) All owners are responsible to secure their abandoned real property upon a declaration
of a state of emergency. This shall include, but not be limited to, installing storm
shutters or five-eights (5/s) inch marine plywood on all exterior windows and/or
openings.
(3) If the owner of the real property is a company and/or mortgagee, the owner shall
contract with the owner's local agent to perform monthly inspections on the real
property, as required by subsection (d)(1) of this section, to verify compliance with the
requirements of this section, and any other applicable laws, for the duration of the
abandonment.
(4) Properties subject to this section must be maintained in accordance with the relevant
sanitary codes, building codes, and local regulations concerning external and/or visible
maintenance.
(5) Adherence to this section does not relieve the owner of any applicable obligations set
forth elsewhere in the St. Lucie County Code of Ordinances or within any covenants,
conditions and restrictions and/or homeowner's association rules and regulations.
(c) Security requirements.
(1) All owners are responsible for maintaining their abandoned real properties in a secure
manner so as not to be accessible to unauthorized persons.
(2) A "secure manner" shall include, but not be limited to, the closure and locking of
windows, doors, gates, fencing and other openings. Broken windows shall be secured
by reglazing or replacing of the window.
(3) Any excavations, swimming pools or other attractive nuisances must be filled in with
dirt or properly closed in a secure manner.
(4) If the owner of the real property is a company and/or mortgagee, the real property shall
be posted with the name and twenty-four (24) hour contact telephone number of the
Supp. No. 97 428
GARBAGE, TRASH AND REFUSE § 1-9-19.5
owner's local agent. The posting shall be no less than eighteen (18) inches x
twenty-four (24) inches, and shall be clearly visible from the street but not readily
accessible to vandals. The posting shall contain the following language:
THIS PROPERTY IS MANAGED BY:
TO REPORT ANY PROBLEMS OR CONCERNS CALL:
(d) Inspections.
(1) The owner's local agent shall inspect the real property on a monthly basis to ensure
that the property is in compliance with this section.
(2) The owner's local agent shall inspect the real property subsequent to the declaration
of state of emergency to ensure that the property is secured and in compliance with
this section.
(3) The owner's local agent shall maintain written proof of the monthly inspections and
provide same to the county code enforcement division upon request.
(4) The county code enforcement division shall have the authority to inspect real
properties subject to this section for compliance and to issue notices for any violations.
The county code enforcement division shall have the discretion to determine when and
how such inspections are to be made, provided that its policies are reasonable
calculated to ensure that this section is enforced.
(e) Subsequent review and sunset provision. Pursuant to this section, this abandoned real
property registration system is being added for the health, safety and welfare of the citizens
of St. Lucie County during difficult economic times in St. Lucie County. The ordinance from
which this section is derived shall be repealed on January 1, 2013 unless the board takes
action to extend. Nothing in this section shall prevent the board from taking action sooner.
(f) Enforcement and penalties.
(1) The county may enforce the provisions of this section by any means available to the
County under the St. Lucie County Code of Ordinances or as may be available under
state law, including but not limited to, Chapter 1-2, Section III, Code Enforcement
Board and Chapter 162 of the Florida Statutes.
(2) The penalties violation of this section shall be as set forth in the code enforcement
method asserted by the county under the St. Lucie County Code of Ordinances or as
may be available under state law, including but not limited to, Chapter 1-2, Section III,
Code Enforcement Board, Chapter 162 of the Florida Statutes and section 125.69,
Florida Statutes.
(3) Each day a violation continues shall be considered a separate offense.
(Ord. No. 10-011, Pt. A, 6-15-2010)
Supp. No. 97 429
§ 1-9-19.6 ST. LUCIE COUNTY CODE
Sec. 1-9-19.6 Lot clean-up.
(a) Purpose and intent. The purpose and intent of this article is to prohibit the following:
(1) Accumulation of trash, junk, or debris, living and nonliving plant material, and
stagnant water,
(2) Excessive and untended growth of grass, weeds, brush, branches, and other over-
growth, and
(3) The existence of all other objectionable, unsightly or unsanitary matter, materials, and
conditions on property whether improved or unimproved.
The purpose and intent of this article is to prevent conditions on property that result in the
following:
(1) Property being inhabited by, or providing a habitat for, rodents, vermin, reptiles, or
other wild animals,
(2) Property providing a breeding place for mosquitoes, flies or arthropods,
(3) Property being a place, or being reasonably conducive to serving as a place for illegal
or illicit activity,
(4) Property threatening or endangering the public health, safety or welfare of county
residents,
(5) Property reasonably believed to cause currently, or have the potential to cause in the
future, ailments or disease,
(6) Property adversely affecting and impairing the economic value of enjoyment of
surrounding or nearby property.
(b) Declaration of nuisance and menace. The (i) accumulation of trash, junk, or debris,
living and nonliving plant material, or stagnant water upon property, (ii) the excessive growth
of grass, weeds, brush, branches, and other overgrowth upon property, and (iii) the keeping of
fill in an unsafe and unsanitary manner is declared to be a nuisance and menace to the public
health, safety, and welfare of the citizens of the county for the following reasons:
(1) The aesthetic appearance of property preserves the value of other properties within
the county.
(2) The (i) accumulation of trash, junk, or debris, nonliving plant material, or stagnant
water, (ii) the excessive growth of grass, weeds, brush, branches, and other overgrowth
upon property, and (iii) the keeping of fill in an unsafe and unsanitary manner is
dangerous, unhygienic, unhealthy, visually unpleasant to the reasonable person of
average sensibilities, and a visual nuisance because it depreciates, or potentially can
depreciate, the value of neighboring property.
Supp. No. 97 430
Chapter 1-10
HEALTH AND SANITATION*
Art. I. In General, §§ 1-10-1-1-10-20
Art. II. Sludge, Septage and Sewage Disposal, §§ 1-10-21-1-10-30
Art. III. Sewage Disposal Capacity, §§ 1-10-31-1-10-34
Art. IV. St. Lucie County Cross Connection Control Policy, §§ 1-10-35-1-10-37
ARTICLE I. IN GENERAL
Secs. 1-10-1-1-10-20. Reserved.
ARTICLE II. SLUDGE, SEPTAGE AND SEWAGE DISPOSAL~-
Sec. 1-10-21. Permitting of disposal organizations; transport and disposal of waste.
(a) Any person, firm or corporation transporting, by motor vehicle, grade I domestic
Septage, food service sludge, grade II sludge, or domestic (sewage) wastewater treatment
sludge which is treated and/or landspread or otherwise disposed of in St. Lucie County must
obtain an annual written service permit from the St. Lucie County Public Health Unit
(SLCPHU) pursuant to Chapter lOD-6.52, Florida Administrative Code. The initial applica-
tion shall be submitted to SLCPHU within thirty (30) days from the date of this article and
shall be valid through June 30, 1988. Thereafter annual applications shall be submitted to
SLCPHU prior to June 30 of each year. The application shall be on a form provided by the
public health unit and shall be accompanied by a fee as provided by state law. If all
requirements of this article and Chapter 17-7, Florida Administrative Code are met, a permit
shall be issued which is valid from July 1 through June 30. All requirements of Chapter 17-7,
Florida Administrative Code, which are not in conflict with this article are expressly
incorporated into this article.
(b) The following must be provided for evaluation prior to issuance of a service permit:
(1) Evidence that the applicant possesses adequate equipment, such as a leak-proof tank
trunk, pumps, appurtenances and tools for the work intended. Equipment shall be
brought to the St. Lucie County Public Health Unit for inspection and approval each
year prior to permitting;
*Cross references-Environmental protection, Ch. 1-7.6; ordinance provisions relating to
garbage, trash and refuse, Ch. 1-9; special act provisions relating to garbage, trash and refuse,
Ch. 2-8; special act provisions relating to health and sanitation, Ch. 2-9.
'Editor's note-Part A of Ord. No. 84-12, adopted July 10, 1984, repealed former Art. II,
§§ 1-10-21-1-10-24, which pertained to licensure of nonemergency medical transportation
services and derived from Ord. No. 83-01, Pt. A, adopted Mar. 8, 1983.
Subsequently, Pt. A of Ord. No. 87-98, adopted Dec. 15, 1987, enacted provisions to read as
set out in Art. II, §§ 1-10-21-1-10-24.
Cross references-Marine sanitation, § 1-7.6-30 et seq.; regulation of water and sewer
utilities, § 1-20.5-1 et seq.; special acts relating to health and sanitation, Ch. 2-9.
State law reference-Power to regulate sewage disposal and collection, F.S. § 125.01(1)(k).
Supp. No. 97 465
§ 1-10-21 ST. LUCIE COUNTY CODE
(2) The permanent location and address of the business where operations will originate
and where the equipment is to be stored when it is not in use;
(3) The proposed disposal method and the site(s) to be used for disposing of the waste; and
(4) The type source(s) of the waste being transported.
(c) When a permit is issued, the number of said permit along with the name of the person
or organization, the business address, business phone and the gallon capacity of the truck shall
be prominently displayed on the service truck(s) with three-inch or larger letters.
(d) Domestic septage, food service sludge, grade II sludge, and domestic (sewage) waste-
water treatment sludge shall be transported to the disposal site in such a manner so as to
preclude leakage, spillage or the creation of a sanitary nuisance. All permitted septage and
sludge haulers shall maintain trip logs that are open for inspection on a form provided by the
public health unit. Failure to maintain trip logs shall be a violation of this article.
(e) Disposal organizations shall not dispose of any waste at any landspreading site in St.
Lucie County unless that site has been permitted for by this article.
(f) All industrial sludges, grade III sludges and hazardous wastes shall not be landscaped
in St. Lucie County. These excluded wastes shall be handled and disposed of pursuant to
Florida Department of Environmental Regulation Rules and Regulations.
(Ord. No. 87-98, Pt. A, 12-15-87)
Sec. 1-10-22. Definitions.
The following words and phrases used in this article shall have the meanings set forth
below:
Domestic septage. All solid waste containing human feces, or residuals of such, which have
not been stabilized or disinfected. Not included are food service sludges and industrial wastes.
Domestic (sewage) wastewater treatment sludge. Any sludge generated by a domestic
wastewater treatment plant.
Food service sludge. Oils, greases and grease trap pumpings generated in the food service
industry.
Grade I domestic septage. Domestic septage which has been properly stabilized.
Grade I sludge. A stabilized sludge which does not exceed the following parameters:
(1) Cadmium less than thirty (30) mg/kg dry weight.
(2) Copper less than nine hundred (900) mg/kg dry weight.
(3) Lead less than one hundred (100) mg/kg dry weight.
(4) Nickel less than one hundred (100) mg/kg dry weight.
(5) Zinc less than one thousand eight hundred (1,800) mg/kg dry weight.
Supp. No. 97 466
Chapter 1-11
LIBRARY*
Art. I. In General, §§ 1-11-1-1-11-10
Art. II. Libraries Impact Fee, §§ 1-11-11-1-11-28
ARTICLE I. IN GENERAL-i~
Sec. 1-11-1. Declaration of legislative intent.
Pursuant to the authority granted by section 125.01(f), Florida Statutes, St. Lucie County
currently is providing a system of public libraries; and it is the purpose and intent of the board
of county commissioners of St. Lucie County in enacting this to re-create and establish a
county public library system and a library advisory board.
(Ord. No. 95-46, § 1, 12-5-95)
Sec. 1-11-2. Creation of county library system.
There is hereby re-created and established in St. Lucie County, Florida, a county public
library system, which system shall be composed of all libraries and related facilities which
may, from time to time, be incorporated into the system by the board of county commissioners.
The Board of County Commissioners of St. Lucie County is hereby designated as the single
library administrative unit and governing body responsible for providing public library service
to St. Lucie County residents. As such, the board retains the authority to adopt policies, plans
and budgets, and enter into contracts on behalf of the library. The head of the county public
library system shall be the library director, who shall be under the direct supervision of the
county administrator or his designee.
(Ord. No. 95-46, § 2, 12-5-95; Ord. No. 2000-40, Pt. A, 10-24-2000)
Sec. 1-11-3. County library director.
Responsibility for operating and managing the county public library systems shall be
delegated to a county library director qualified according to the standards established by the
Board of County Commissioners of St. Lucie County, and Chapter 257, Florida Statutes. The
county library director shall have charge of the administration of the public libraries, subject
to the review of the county administrator. The county library director shall be considered a
*Cross references-Ordinance provisions relating to administration, Ch. 1-2; special act
provisions relating to administration, Ch. 2-1; special act provisions relating to libraries, Ch.
2-10.
State law reference-Authority to provide for libraries, F.S. § 125.01(1)(f).
fiEditor's note-Ord. No. 95-46, §§ 1-6, adopted Dec. 5, 1995, amended the Code by
repealing Art. I, §§ 1-11-1-1-11-8, and adding a new Art. I, §§ 1-11-1-1-11-5. Former Art. I
pertained to similar subject matter, and derived from Ord. No. 77-8, §§ 1-8, adopted Sept. 13,
1977.
Supp. No. 97 565
§ 1-11-3 ST. LUCIE COUNTY CODE
nonvoting, ex-officio member of the library advisory board. The library director will, as
necessary, formulate policies and procedures to provide a safe and conducive environment for
the public enjoyment and use of the county library facilities.
(Ord. No. 95-46, § 3, 12-5-95; Ord. No. 2000-40, Pt. B, 10-24-2000)
Sec. 1-11-4. Creation of the library advisory board.
There is hereby created and established in this county a board to be known as the St. Lucie
County Library Advisory Board.
(1) The St. Lucie County Library Advisory Board shall consist of nine (9) members, six (6)
appointed by said board of county commissioners and three (3) appointed by the
Friends of the St. Lucie County Library, Inc. All members are to be chosen for their
interest in public library service. Library advisory board members shall serve for
three-year staggered terms. Members will attend meetings regularly; and unless such
absence has first been authorized by a majority of the advisory board, members who
are absent for three (3) consecutive regular meetings or who fail to attend two-thirds
(~/s) of the regular meetings in any twelve-month period shall be automatically dropped
from membership. The library director, on behalf of the library advisory board, will
recommend an individual to the board of county commissioners for appointment to fill
the term of the member leaving the advisory board. Members may not serve
consecutively more than two (2) full terms.
(2) The library advisory board shall elect a chairperson, vice-chairperson, and secretary
from the appointed board members at the January meeting of the board. A majority of
the members of the advisory board shall constitute a quorum sufficient to the holding
of a meeting or taking of any action. A majority vote of the members present at any
meeting shall be sufficient to enable the taking of any action. Special meetings of the
advisory board may be called by the chairperson, by written notice signed by three (3)
members of the advisory board or by action of the advisory board at any meeting,
general or special, upon no less than twenty-four (24) hours' notice. Minutes shall be
kept of all meetings of the committee board, and all meetings shall be public.
(3) Members of the library advisory board shall serve without compensation, salary or
remuneration of any nature; but the board of county commissioners may provide in the
annual county budget, sufficient funds for the reasonable and necessary expenses
incurred by the advisory board or its members in the performance of the duties and
functions prescribed by the provisions of this article. All such expenses shall be subject
to approval by the board of county commissioners.
(4) The library advisory board shall be composed of citizens who are dedicated to the
purpose of providing a feasible, adequate public library system for St. Lucie County in
cooperation with all other governmental entities, who will be in a position to furnish
information, advice, counsel and recommendations to the board of county commission-
ers in respect to the appropriate means and methods by which adequate public library
facilities and services may be provided, all of which shall be done within the framework
Supp. No. 97 566
LICENSES, PERMITS, REGULATIONS § 1-12-61
(b) The following vending machines and lockers are exempt from the tax provided by this
section:
(1) All vending machines which dispense only United States postage stamps, unadulter-
ated Florida produced citrus juices or newspapers are hereby exempt from the
payment of any excise or license tax levied by the state or any county, municipality or
other taxing districts thereof.
(2) Penny operated vending machines located in licensed places of business and dispens-
ing only nuts, citrus juices and other food products.
(3) Coin-operated parcel checking lockers and toilet locks used in railroad, bus, airport
stations, or depots, and in hotels, boarding houses, restaurants and rest rooms for the
convenience of the public.
(Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005; Ord. No. 07-016, Pt. A,
9-4-2007)
Sec. 1-12-40. Reserved.
Sec. 1-12-41. Traveling junk dealers.
Each person who travels from place to place purchasing junk shall pay a license tax of
twenty dollars and sixty cents ($20.60) and shall, before leaving any municipality, submit to
the appropriate law enforcement agency a list of the junk he has purchased, together with the
names and permanent addresses of the persons from whom purchased.
(Ord. No. 00-06, Pt. A, 9-19-2000; Ord. No. 05-014, Pt. A, 8-2-2005; Ord. No. 07-016, Pt. A,
9-4-2007)
Secs. 1-12-42-1-12-60. Reserved.
ARTICLE III. PARI-MUTUEL WAGERING FACILITIES
Sec. 1-12-61. Permit and license required.
Pari-mutuel wagering facilities in St. Lucie County holding valid permits and licenses
issued by the Division of Pari-mutuel Wagering pursuant to F.S. Ch. 550 are hereby
authorized, pursuant to F.S. § 849.086, to conduct cardroom activities. Such cardroom
activities are to be conducted in accordance with F.S. § 849.086 and the rules promulgated
thereunder. Security for the facility provided by the permit holder shall be subject to the
approval of the law enforcement agencies with jurisdiction.
(Ord. No. 07-036, Pt. A, 6-5-2007)
[The next page is 659]
Supp. No. 97 627
LIFE SUPPORT SERVICES § 1-12.5-3
Emergency service provider means the sole provider of prehospital first response basic life
support and advanced life support services holding a valid Class A certificate of public
convenience and necessity issued by St. Lucie County.
Fire chief means the chief administrator of fire and emergency medical services of the St.
Lucie County/Fort Pierce Fire District charged with the responsibility and authority to
supervise, direct and administer the Fire District's ALS and BLS service on an emergency first
responder level countywide.
Inspection means the routine or periodic examination and audit of the records, personnel,
vehicles and staffing of a certificate holder.
Inter-hospital transfer means the transportation of a patient requiring an ambulance with
basic life support or advanced life support level of medical assistance between hospitals
licensed under Chapter 395, Florida Statutes.
Medical director means the licensed physician contracted pursuant to Section 401.25
Florida Statutes, to give medical direction to and establish medical protocols for emergency
medical services personnel including paramedics and emergency medical technicians.
Non-emergency/interfacility transfer means the routine transfer of a patient between
facilities licensed under Chapter 395, Florida Statutes.
Non-emergency medical call means any request for medical assistance or transportation
which does not require the immediate and prompt dispatch of the emergency medical services
provider, and does not require transportation to an emergency room, unless authorized by the
St. Lucie County Fire District.
Patient means any person who is in need of, or may need, medical assistance or
transportation.
Prehospital call means any basic life support or advanced life support transport to an
emergency department.
Public safety director means the director of the St. Lucie County public safety department,
charged with responsibility and authority to administer the certification of emergency medical
services and non-emergency ALS and BLS and wheelchair transport services on behalf of the
board of county commissioners.
Service area means the geographic area listed on a service provider's certificate of public
convenience and necessity.
Transfer means the transportation of a patient by air, ground or water vehicle as a result of
a request for response to a medical call.
Wheelchair vehicle means any privately or publicly owned land, air or water vehicle which
is designed, constructed, reconstructed, maintained, equipped, operated, and which is used for
or intended to be used for transportation of a person who is sitting in a wheelchair, and whose
condition is such that the person does not require, or is not likely to require, medical attention
during transport.
Supp. No. 97 661
§ 1-12.5-3 ST. LUCIE COUNTY CODE
Wheelchair vehicle service means the transport of persons in a wheelchair vehicle when such
persons are not in need of medical care during transport and are not likely to need medical care
during transport.
(Ord. No. 96-04, Pt. A, 2-20-96; Ord. No. 08-011, Pt. A, 3-15-2008)
Sec. 1-12.5-4. Classification of certificates.
There shall be the following six (6) categories of certificates of public convenience and
necessity in St. Lucie County:
(1) Class A. Certificates of public convenience and necessity for governmental entities
which use advanced life support and basic life support ground, air or water vehicles to
conduct apre-hospital EMS advanced life support or basic life support service and
other emergency calls when requested. Class A shall include the services provided
under all other categories of certificates of public convenience and necessity in St.
Lucie County.
(2) Class B. Certificates of public convenience and necessity for businesses, agencies and
hospitals which use advanced life support and basic life support ambulances to conduct
non-emergency interfacility medical calls or transfer service not including transpor-
tation to emergency rooms, unless authorized by the St. Lucie County Fire District.
(3) Class C. Certificates of public convenience and necessity for businesses, agencies,
hospitals, and governmental entities which use ambulances to operate non-emergency
interfacility medical calls or transfer services under a physician's order which
originate in the county and which require on-board clinical capabilities which may
exceed those of a conventionally equipped and staffed ALS ambulance.
(4) Class D. Certificates of public convenience and necessity for businesses and agencies
which use ambulances based outside the county to provide specific non-emergency
medical calls as identified on the certificate and limited to transports originating
within the county and terminating out of the county.
(5) Class E. Certificates of public convenience and necessity for businesses, agencies,
hospitals, and governmental entities which use air ambulances to transport persons
requiring or likely to require medical attention during transport.
(6) Class F. Certificates of public convenience and necessity for businesses, agencies,
hospitals and governmental entities which use wheelchair vehicles to provide non-
medical calls.
(Ord. No. 96-04, Pt. A, 2-20-96; Ord. No. 08-011, Pt. B, 3-15-2008)
Sec. 1-12.5-5. Application-Information and fee required.
No person, firm, governmental entity, agency, corporation, partnership or association shall
operate any of the services as described in the classification of service in section 1-12.5-4 unless
it has first obtained a certificate of public convenience and necessity issued by the board. Each
application for a certificate of public convenience and necessity shall be accompanied by a
Supp. No. s7 662
LIFE SUPPORT SERVICES § 1-12.5-17
(b) The conveyance of a majority of the ownership interest of a certificate holder shall be
considered sufficient to require a new certificate of convenience and necessity.
(Ord. No. 96-04, Pt. A, 2-20-96)
Sec. 1-12.5-16. Renewal and amendment of certificate.
(a) A certificate holder shall submit an application for renewal of its certificate to the public
safety director at last ninety (90) days prior to the date of expiration of the certificate. Each
application for renewal of a certificate of public convenience and necessity shall be accompa-
nied by anon-refundable fee in an amount to be approved by resolution of the board. The
application for renewal shall be reviewed by the emergency medical services advisory council
of compliance with the terms of the certificate and the requirements of section 1-12.5-13 and
the results of any inspections conducted pursuant to section 1-12.5-14. Following its review,
the council shall forward a recommendation on the renewal application to the board of county
commissioners. The board of county commissioners shall renew a certificate upon a determi-
nation that the certificate holder remains in compliance with the terms of its certificate and
this chapter.
(b) In the event a certificate holder desires to amend its certificate to increase the maximum
number of permitted transport vehicles, it shall submit an application to the public safety
director indicating the proposed increase in permitted vehicles, the type of additional vehicles
proposed, and documented justification for the proposed increased based upon its monthly
service reports and such other factors as the certificate holder may deem relevant. Upon
receipt of the application for an increase in permitted transport vehicles, the public safety
director shall transmit the application to the emergency medical services advisory council for
review and recommendation to the board of county commissioners. The emergency medical
services advisory council shall review the recommendation in accordance with the provisions
of section 1-12.5-7 and forward a recommendation to the board of county commissioners. The
board shall consider the application in accordance with the procedures and standards of review
as set forth in sections 1-12.5-8 and 1-12.5-9.
(Ord. No. 96-04, Pt. A, 2-20-96; Ord. No. 08-011, Pt. G, 3-15-2008)
Sec. 1-12.5-17. Revocation, alteration or suspension of certificate.
(a) Every certificate issued under this chapter shall be subject to revocation, alternation or
suspension by the board of county commissioners if the certificate holder fails to comply with
the requirements of the certificate or this chapter.
(b) It shall be a violation of this chapter for any persons, business entity, hospital or
governmental agency to:
(1) Intentionally obstruct, bar or otherwise interfere with an inspection conducted under
the purview of this chapter;
Supp. No. 97 670.1
MOTOR CARRIERS § 1-13.3-19
completeness. The community development director may require additional informa-
tion as may be necessary to adequately review the application for a Class "B"
certificate of transportation. Such review shall be a part of the record from which the
community development director makes his decision.
(2) The community development director shall determine whether the submitted appli-
cation is complete within ten (10) working days of the date the application is filed with
the director. Upon a showing of good cause, the community development director may
extend this review period one (1) time for ten (10) additional working days. Good cause
may include, but is not limited to, failure to receive the applicant's required driving
record from the Florida Department of Motor Vehicles. If the community development
director does not certify the application as complete, deny the application, return the
application as incomplete, or notify the applicant that the review period is being
extended for an additional ten-day period, the application for Class "B" certificate of
transportation shall automatically be granted provisional status, subject to the
provisions of paragraph (5) of this section.
(3) If the community development director determines the application for Class "B"
certificate of transportation to be incomplete, the community development director
shall return the application to the applicant, noting the items which are not complete.
The applicant will then have sixty (60) days from the date of transmittal to submit a
revised/corrected application for a certificate of transportation. Any application that
has been returned for correction and is not resubmitted to the community development
director within the described sixty-day period shall be considered withdrawn and all
filing fees forfeited.
(4) Once the application is complete, the community development director, shall approve,
approve with conditions, or deny the application based on the standards of review set
forth in section 1-13.3-2.
(5) If the community development director approves the application, the director shall
issue a provisional class "B" certificate of transportation. This provisional certificate
shall be valid for no more than ninety (90) days from the date of issuance and is
specifically conditioned to be valid only until such time as a complete criminal
background check has been conducted by the Florida Department of Law Enforcement
(FDLE). One of the photographs submitted with the application shall be affixed to the
provisional certificate. The provisional certificate shall be prominently displayed in the
motor carrier vehicle during all times of operation by the applicant pending issuance
of a standard certificate. If the FDLE background check reveals that any information
provided on the application for a Class "B" certificate of transportation is false, the
provisional certificate shall, notwithstanding the provisions of section 1-13.3-22,
immediately be revoked and canceled. Any applicant for a Class "B" certificate of
transportation who has a provisional certificate revoked for providing false informa-
tion, shall be prohibited from applying for any further certificates of transportation
until such time as all requirements are met by the applicant.
If the FDLE background check reveals that the information provided on the applica-
tion for Class "B" certificate of transportation is correct, a standard Class "B"
Supp. No. 97 708
§ 1-13.3-19 ST. LUCIE COUNTY CODE
certificate of transportation shall be issued in accordance with the provisions of this
article. One of the photographs submitted with the application shall be affixed to the
standard certificate. The standard certificate shall be prominently displayed in the
motor carrier vehicle during all times of operation by the applicant.
(6) Except as provided for under Section 1-13.3-26, any applicant for a Class "B" certificate
of transportation who has his application denied is prohibited from applying for any
further certificates of transportation until such time as all requirements are met by the
applicant.
(Ord. No. 96-08, Pt. A, 5-6-96)
Sec. 1-13.3-20. Standards of review.
The following standards of review shall apply to both Class "A" and Class "B" certificates of
transportation application:
(1) Any permit holder or applicant for a certificate shall meet all of the following
requirements:
a. Be at least eighteen (18) years of age on the date of application;
b. Hold a valid State of Florida driver's license of the appropriate classification for
the vehicle driven;
c. Have no conviction or plea of nolo contendere, within the preceding five (5) years
to any of the following:
1. Any crime involving the sale or possession of controlled substances as
defined in section 893.02, Florida Statutes (1993);
2. Any crime defined by Chapter 796, Florida Statutes (1993), related to
prostitution;
3. Any offense relating to driving under the influence of controlled substances
or alcohol as set forth in section 316.193, Florida Statutes (1993).
d. Have no conviction, or plea of guilty or nolo contendere, to any criminal offense or
felony involving the use of deadly weapons unless the civil rights of the applicant
or certificate holder have been restored;
e. Have no revocation or suspension, within the preceding three (3) years of a State
of Florida driver's, chauffeur's or commercial driver's license;
£ Have no more than two (2) traffic infractions resulting in accidents in the
preceding three (3) years;
g. Have no more than four (4) convictions of moving traffic violations in the
preceding eight (8) years;
h. Meet the insurance requirements set forth in section 1-13.3-21, if required.
Supp. No. 97 704
MOTOR CARRIERS § 1-13.3-20
(2) Failure to comply with the provisions of this section shall result in denial of a
certificate, revocation or suspension of a certificate, a denial of a renewal of a
certificate, or other such remedies available to the county.
(Ord. No. 96-08, Pt. A, 5-6-96)
Supp. No. 97 704.1
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 Title 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 from 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. 1, 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, exhibi-
tions, 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. s7 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
(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.
Supp. No. 97 740
OFFENSES AND MISCELLANEOUS PROVISIONS § 1-14-25
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 identity of the distributor.
(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.
Supp. No. 97 741
§ 1-14-25 ST. LUCIE COUNTY CODE
(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 i-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.
ARTICLE III. MOTOR VEHICLE TITLE LOANS
Sec. 1-14-30. State law to regulate.
All title loan agreements in St. Lucie County to be governed by the "Florida Title Loan Act"
Laws of Fla., ch. 2000-138.
(Ord. No. 00-21, Pt. A, 8-8-2000)
Editor's note-Ord. No. 00-21, Pt A, adopted Aug. 8, 2000, repealed §§ 1-14-30-1-14-37
which pertained to motor vehicle title loans and derived from Ord. No, 99-25, Pt. A, adopted
Dec. 7, 1999.
[The next page is 763]
Supp. No. 97 '742
PUBLIC PROPERTY § 1-16.2-14
(3) Adopt a resolution specifying the basis for the competitive bid waiver in the event the
board determines to grant the waiver.
(Ord. No. 09-028, Pt. A, 10-6-2009)
Sec. 1-16.2-10. Information on available county property.
Information on property that is available for lease at the Airport West Commerce Park may
be obtained from the county's airport director.
(Ord. No. 09-028, Pt. A, 10-6-2009)
Sec. 1-16.2-11. Negotiation procedures.
The county administrator or designee shall negotiate all leases at the Airport West
Commerce Park and shall develop appropriate negotiation procedures.
(Ord. No. 09-028, Pt. A, 10-6-2009)
Sec. 1-16.2-12. Consistency with comprehensive plan and land development regula-
tions.
The lease of property in the Airport West Commerce Park must be consistent with the
county's comprehensive plan and land development regulations.
(Ord. No. 09-028, Pt. A, 10-6-2009)
ARTICLE III. NEIGHBORHOOD STABILIZATION PROGRAM SALES STANDARDS
AND PROCEDURES
Sec. 1-16.2-13. Purpose.
The purpose of developing the Neighborhood Stabilization Program (NSP) is to acquire
foreclosed and abandoned residential properties within the unincorporated areas of the county,
rehabilitate them if necessary, incorporating green components where practical, and convey
them to homebuyers meeting low and moderate income eligibility requirements.
(Ord. No. 10-013, Pt. A, 3-23-2010)
Sec. 1-16.2-14. Acquisition procedures.
(a) This board hereby authorizes the county administrator, or designee, to execute purchase
contracts in accordance with established purchase procedures and all documentation neces-
sary to complete purchase of NSP residential properties within St. Lucie County. The
community services director, or designee, shall be responsible for administration of the NSP on
behalf of the county.
Supp. No. 97 856.3
§ 1-16.2-14 ST. LUCIE COUNTY CODE
(b) The purchase price of foreclosed properties under the NSP shall generally be less than
current appraised market value. The county shall adhere to the NSP requirements of
minimum discounts for single property purchases and for bulk purchases. The community
services director, or designee, is hereby authorized to acquire NSP properties on behalf of the
county subject to the following conditions:
(1) The community services director or designee, shall utilize a form of agreement
acceptable to the county attorney for each property acquired.
(2) The community services director will coordinate all aspects of the acquisition process,
including conducting due diligence on each property, negotiation of the ultimate
acquisition price, and closing of the real estate transaction.
(3) The community services director, or designee, shall evaluate each property acquired
and determine the scope of repairs for each home and coordinate the bidding process
and contract award for renovation work on each unit requiring repairs.
(4) Properties shall be acquired in the name of St. Lucie County, a political subdivision of
the State of Florida, unless a di$'erent ownership is specifically authorized by the
board of county commissioners.
(Ord. No. 10-013, Pt. A, 3-23-2010)
Sec. 1-16.2-15. Sale of properties.
The board authorizes the county administrator, or designee, to execute sales contracts in
accordance with established purchasing procedures and all documentation, with the exception
of county deeds, necessary to complete the sale of NSP properties. The board authorizes the
Chairman to execute county deeds for the sale of NSP properties. The NSP provides for the
eligibility and qualification standards addressing the disposition of acquired properties. In
conveying NSP properties to consumers, the federal regulations provide eligibility criteria
dictated that the properties acquired by the county pursuant to the NSP may only be sold to
individuals that qualify under the following standards:
(1) All properties made available under the NSP shall only be conveyed to individuals or
families whose income does not exceed one hundred twenty (120) percent of the area
median income established for St. Lucie County by the United States Department of
Housing and Urban Development (HUD).
(2) To the extent practicable, residential properties sold by the county under the NSP shall
be financed through conventional or other private-sector mortgage financing. To that
end, residential properties acquired by the county under the NSP shall only be sold to
individuals meeting the income and qualification criteria required by the NSP and
preference shall be given to purchasers who also meet credit criteria of private lenders
providing home mortgages to NSP home purchasers. Nothing in this Ordinance,
however, is intended to preclude the granting of down-payment assistance, principal
buy down assistance, or other assistance available through the county or any other
public agency for an eligible buyer under any other assistance program.
Supp. No. 97 856.4
Chapter 1-18
SHERIFF
Art. I. In General, §§ 1-18-1-1-18-3
Art. II. Law Enforcement Impact Fee, §§ 1-18-03-1-18-19
Art. III. Restrictions on Residence for Sexual Offenders and Sexual Predators,
§§ 1-18-20-1-18-30
Art. N Secondary Metals Recyclers, §§ 1-18-31-1-18-36
ARTICLE I. IN GENERAL
Sec. 1-18-1. Required to maintain motor vehicle liability insurance.
The sheriff of the county shall maintain insurance against legal liability for the death,
injury, or disability of any person arising from or in connection with the operation of any motor
vehicle owned, leased or operated by the sheriff of said county, or any of his employees, to the
extent of not less than one hundred thousand dollars ($100,000.00) bodily injury liability per
person; three hundred thousand dollars ($300,000.00) bodily injury liability per occurrence
and fifty thousand dollars ($50,000.00) property damage liability per accident.
(Ord. No. 77-2, § 3, 2-8-77)
State law reference-Sheriff authorized to secure liability insurance for claims growing
out of performance of duties of the sheriff or his deputies, F.S. § 30.555.
Sec. 1-18-2. Combat Auto Theft Program.
(a) Pursuant to section 316.008(6), Florida Statutes, there is hereby established a "Combat
Automobile Theft" program in the county, which shall be known as "Combat Auto Theft." Such
a program shall include:
(1) A consent form to be signed by the motor vehicle owners who wish to enroll their
vehicles; and
(2) Bright yellow decals indicating a vehicle's enrollment in Combat Auto Theft.
(b) The consent form shall:
(1) Explain the general operation of the program;
(2) Provide authorization for a law enforcement officer to stop the vehicle when it is being
driven between the hours of 1:00 a.m. and 5:00 a.m., provided that a decal is
conspicuously affixed to the bottom left corner of the back window of the vehicle to
provide notice of its enrollment in Combat Auto Theft;
(3) Explain the procedures which will be followed by a law enforcement officer making a
stop pursuant to the program and advise the motor vehicle owner of the proper means
by which the driver of the vehicle should cooperate with the law enforcement officer in
such instance;
Supp. No. 97 957
§ 1-18-2 ST. LUCIE COUNTY CODE
(4) Provide that the owner of the motor vehicle is responsible for removing the decal when
terminating participation in the program, or when selling or otherwise transferring
ownership of the program and for notifying the county sheriffs department in writing
of such termination;
(5) Clearly provide that participation in Combat Auto Theft is strictly voluntary and may
be terminated at any time; and
(6) Include a separate statement to be signed by the owner of the motor vehicle which
indicates that the consent form has been read and understood in its entirety including
the procedures to be followed in a stop.
(c) Combat Auto Theft may be implemented upon approval of program materials and
procedures, including guidelines and procedures for making a stop of a vehicle bearing a decal,
by the sheriff and county attorney. Such program materials and procedures may be subject to
periodic review and approval by the sheriff and county attorney.
(Ord. No. 90-46, Pt. A, 11-20-90; Ord. No. 97-28, Pt. A, 9-2-97)
Sec. 1-18-3. Designation of chief correctional officer.
(a) The St. Lucie County Sheriff is designated as the Chief Correctional Officer of the St.
Lucie County Correctional System.
(b) If designated, the sheriff or his designee shall enforce all existing state law and
administrative rules of the department concerning the operation and maintenance of county
jails.
(c) The salaries for county correctional officials shall be paid from the general revenue fund
of the county and shall be included by the sheriff in his proposed budget of expenditures for the
maintenance and operation of the county correctional system.
(Ord. No. 03-30, § Pt. A, 7-22-03)
ARTICLE II. LAW ENFORCEMENT IMPACT FEE
Sec. 1-18-03. Short title, authority, and applicability.
(a) This article shall be known and may be cited as the "Law Enforcement Impact Fee
Ordinance".
(b) The Board of County Commissioners of St. Lucie County has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida and to Chapter
125 and Sections 163.3201 and 163.3202(3) Florida Statutes.
(c) The St. Lucie County Sheriffs Department provides countywide law enforcement, court
security and correctional security throughout St. Lucie County pursuant to the authority
granted and required under Article VIII(1)(d) of the Florida Constitution and Chapter 30,
Florida Statutes.
Supp. No. 97 958
SHERIFF § 1-18-05
(d) St. Lucie County must collect law enforcement impact fees in order to provide the
sheriffs department with funds to adequately provide law enforcement services for all St.
Lucie County residents, including residents of the cities. Development within the cities
impacts the sheriffs department capital needs.
(e) This article shall apply to all areas of St. Lucie County, even in the absence of interlocal
agreements with the affected municipalities.
(Ord. No. 04-005, § Pt. A, 4-6-04)
Sec. 1-18-04. Intents and purposes.
(a) This chapter is intended to implement and be consistent with the goals, objectives and
policies of the St. Lucie County Comprehensive Plan.
(b) The purpose of this chapter is to regulate the use and development of land so as to
assure that new development bears a proportionate share of the cost of capital expenditures
necessary to provide law enforcement protection and services in St. Lucie County.
(c) The Florida Legislature through the enactment of Section 163.3202, Local Government
Comprehensive Planning and Land Development Regulation Act and Section 380.06(16) of the
Environmental Land and Water Management Act, Florida Statutes Chapters 163 and 380,
respectively, has sought to encourage local governments to enact impact fees as a part of their
land development regulation program.
(Ord. No. 04-005, § Pt. A, 4-6-04)
Sec. 1-18-05. Rules of construction.
(a) The provisions of this article shall be liberally construed so as to effectively carry out its
purpose in the interest of the public health, safety, and welfare.
(b) For the purposes of administration and enforcement of this article, unless otherwise
stated in this article, the following rules of construction shall apply to the text of this article:
(1) In case of any difference of meaning or implication between the text of this article and
any caption, illustration, summary table, or illustrative table, the text shall control.
(2) The word "shall" is always mandatory and not discretionary; the word "may" is
permissive.
(3) Words used in the present tense shall include the future; and words used in the
singular number shall include the plural, and the plural the singular, unless the
context clearly indicates the contrary.
(4) The phrase "used for" includes "arranged for," "designed for," "maintained for," or
"occupied for."
(5) The word "person" includes an individual, a corporation, a partnership, an incorpo-
rated association, or any other similar entity.
Supp. No. 97 959
§ 1-18-05 ST. LUCIE COUNTY CODE
(6) Unless the context clearly indicates the contrary, where a regulation involves two (2)
or more items, conditions, provisions, or events connected by the conjunction "and,"
"or" or "either...or," the conjunction shall be interpreted as follows:
a. "And" indicates that all the connected terms, conditions, provisions or events
shall apply.
b. "Or" indicates that the connected items, conditions, provisions or events may
apply singly or in any combination.
c. "Either ...or" indicates that the connected items, conditions, provisions or events
shall apply singly but not in combination.
(7) The word "includes" shall not limit a term to the specific example but is intended to
extend its meaning to all other instances or circumstances of like kind or character.
(8) "County administrator" means the county administrator or whoever he/she may
designate to carry out the administration of this article.
(9) Unless the context clearly indicates to the contrary, all land use terminology in this
article shall have the same meaning as it has in the St. Lucie County Land
Development Code.
(Ord. No. 04-005, § Pt. A, 4-6-04)
Sec. 1-18-06. Definitions.
(a) A "capital improvement" includes, but is not limited to, site planning, land acquisition,
site improvements, buildings, motor vehicles, personal equipment and communications
facilities with a useful life of two or more years, but excludes maintenance and operation.
(b) A "feepayer" is a person commencing a land development activity by applying for the
issuance of a building permit or electrical permit for a mobile home park or recreational vehicle
park or for a type of land development activity specified in section 1-18-08 of this article.
(Ord. No. 04-005, § Pt. A, 4-6-04)
Sec. 1-18-07. Imposition of law enforcement impact fee.
(a) Any person who, after the effective date of this ordinance, seeks to develop land by
applying for the issuance of a building permit for one of the land use types specified in section
1-18-08 of this article or an electrical permit for a mobile home park or recreational vehicle
park shall be required to pay a law enforcement impact fee in the manner and amount set forth
in this article. Nothing in this article shall be deemed to eliminate the requirements of Section
11.02.07 of the St. Lucie County Land Development Code.
(b) No building permit for any land use types specified in section 1-18-08 of this article nor
electrical permit for a mobile home park or recreational vehicle park shall be issued unless and
until the law enforcement impact fee hereby required has been paid as provided in section
1-18-09 of this article.
(Ord. No. 04-005, § Pt. A, 4-6-04)
Supp. No. 97 960
SHERIFF § 1-18-10
(b) In lieu of all or part of the law enforcement impact fee, the board of county commis-
sioners may accept the offer by a developer to construct, dedicate or acquire property or
equipment for the purpose of meeting a capital public building needs of the sheriffs
department that is consistent with the county's comprehensive plan or the adopted compre-
hensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
In the event the developer proposes to dedicate or acquire unimproved property or
equipment, the provisions of section 1-18-10(E)(3) shall apply. The portion of the fee
represented by the property dedications or acquisitions shall be deemed paid only when the
dedicated or acquired property is officially accepted by the county or other appropriate
governmental entity.
If law enforcement impact fees are owed, no development permits of any type may be issued
for the building or structure in question while the fee remains unpaid. The county
administrator may authorize the initiation of any action as permitted by law or equity to
collect the unpaid fees.
(Ord. No. 04-005, § Pt. A, 4-6-04)
Sec. 1-18-10. Credits.
(a) Scope. Any person who shall commence any law enforcement impact generating land
development activity may apply for a credit against the required law enforcement impact fee
for any contribution, construction, or dedication of land or equipment made by such person or
predecessor in interest that is accepted and received by St. Lucie County for law enforcement
purposes, pursuant to this section. Consistent with the standards of this section, an
application may be made for credit for any contribution, construction or dedication made in St.
Lucie County as required by a development order issued by St. Lucie County, the City of Fort
Pierce, the City of Port St. Lucie, or St. Lucie Village pursuant to its local development
regulations or section 380.06, Florida Statutes, or any additional development condition
imposed by the Florida Land and Water Adjudicatory Commission on a development of
regional impact to the extent the contribution, payment, construction or dedication meets the
same needs as the law enforcement impact fee.
(b) General. Any person desiring a law enforcement impact fee credit, who proposes to make
any contribution, construction or dedication of a law enforcement facility or equipment that is
consistent with both the county's comprehensive plan and the county sheriffs department
capital improvement program, shall first obtain from the board of county commissioners an
approval that the proposed contribution, construction or dedication is considered to be eligible
for a law enforcement impact fee credit. The board of county commissioners shall consult with
the St. Lucie County Sheriff prior to making any final determination that the proposed
contribution, construction or dedication is considered to be eligible for a law enforcement
impact fee credit. Upon the determination by the board that the proposed contribution,
construction or dedication is eligible for a law enforcement impact fee credit, the final amount
of the credit shall be determined upon the submission of a request for law enforcement impact
fee credit and the entering into of a formal law enforcement impact fee credit agreement.
Supp. No. 97 963
§ 1-18-10 ST. LUCIE COUNTY CODE
(c) Relationship of law enforcement impact fee to developments of regional impact. Pursuant
to section 380.06(16), Florida Statutes, the value of law enforcement facilities and/or other law
enforcement capital improvements required pursuant to a county or city approved develop-
ment order, except those deemed site-related, shall be credited against the law enforcement
impact fee.
(d) General standards for issuing law enforcement impact fee credits. Prior to the issuance
of any credits against the law enforcement impact fee, the person who made the contribution,
payment, construction or dedication of law enforcement facilities or equipment shall enter into
an impact fee credit agreement with the board of county commissioners. The following
provisions are the general rules for the award of credit, supplemented and provided in this
section:
(1) Credit for contributions, payments, construction or dedications of the law enforcement
impact fee shall not be transferrable as a credit against other impact fees imposed for
purposes other than law enforcement.
(2) If allowed by the credit agreement, credits may be assigned to successors in interest
provided the county receives a copy of the written agreement signed by both the
assignor and the assignee that has been recorded in the public records of St. Lucie
County, Florida.
(3) No credit shall exceed the amount due for the law enforcement impact fee.
(4) No credit shall be given for law enforcement facilities and equipment dedicated or
constructed before July 1, 2004.
(e) Specific standards. Credits against law enforcement impact fees otherwise payable shall
be allowed only under the following conditions:
(1) Law enforcement need. The contribution, payment, construction or dedication shall
meet a law enforcement capital need identified in the county's comprehensive plan, the
sheriffs department capital improvement program or in the adopted comprehensive
plan of Ft. Pierce, Port St. Lucie or St. Lucie Village. No credit shall be given for capital
improvements that do not meet a law enforcement capital need identified in county's
comprehensive plan, the sheriffs department capital improvement program or in the
adopted comprehensive plan of Ft. Pierce, Port St. Lucie or St. Lucie Village.
(2) Law enforcement property dedication. Credit for the dedication of property for law
enforcement purposes shall be valued at one hundred twenty (120) per cent of the most
recent assessed value by the county property appraiser plus the reasonable cost, as
determined by the county administrator, of any survey, closing costs or title informa-
tion provided by the feepayer to the county at the request of the county. Credit for the
dedication of property shall be provided when the property has been conveyed at no
charge to, and accepted by the St. Lucie County in a manner satisfactory to the county.
If the feepayer shall opt not to have the property dedication credit determined as set
out above, then the amount of credit shall be determined by the board of county
commissioners based on an independent property appraisal, as described in section
Supp. No. 97 964
SHERIFF
§ 1-18-10
1-18-11 of this article, prepared by an individual both a member of the appraisal
institute (MAI) and a state certified general appraiser acceptable to the board of
county commissioners, that is paid for by the feepayer. At the option of the board, the
board may request a review appraisal, as described in section 1-18-12 of this article
provided that in the event the value established by the independent appraisal exceeds
one hundred twenty (120) per cent of the assessed value by more than twenty-five (25)
per cent, the board shall request a review appraisal.
Supp. No. 97 964.1
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. N Uniform Water and Sewer Service Policy, §§ 1-20.5-52-1-20.5-75
Art. V. St. Lucie County Water and Sewer District, §§ 1-20.5-76-1-20.5-78
Art. VI. Industrial Pretreatment, §§ 1-20.5-79-1-20.5-92
ARTICLE I. REGULATION OF WATER AND SEWER UTILITIES*
Sec. 1-20.5-1. Standards for fire hydrant installation.
Any person providing water service and installing water mains, lines or connections 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, person means any developer, property owner, private
utility or public, governmentally owned utility providing water service in unincorpo-
rated St. Lucie County.
(Ord. No. 99-22, Pt. A, 12-7-99; Ord. No. 00-17, Pt. A, 6-13-2000)
*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. FormerArt. 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. 97 1095
§ 1-20.5-2 ST. LUCIE COUNTY CODE
Secs. 1-20.5-2-1-20.5-34. Reserved.
ARTICLE II. WATER SHORTAGE PLAN*
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 of groundwater during periods of water shortage and
allocated available water supplies by creating its own water shortage plan and by assisting the
South Florida Water Management District in the implementation of its water shortage plan.
(Ord. No. 07-054, Pt. A, 12-11-2007)
Sec. 1-20.5-36. Definitions.
For the purposes 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 discretion-
ary.
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 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. 07-054, Pt. A, 12-11-2007)
*Editor's note-Ord. No. 07-054, Pt. A, adopted Dec. 11, 2007, amended Art. II in its
entirety to read as herein set out. Former Art. II, §§ 1-20.5-35-1-20.5-42 pertained to similar
subject matter and derived from Ord. No. 89-30, Pt. A, adopted May 23, 1989.
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. 97 1096
WATER AND SEWER § 1-20.5-77
Sec. 1-20.5-57. Hazardous wastes.
No hazardous wastes of any kind shall be discharged into the district's sewer system under
any circumstances without prior written authorization from the district. Failure to comply
with this rule shall be cause for discontinuance of water and sewer service and violator(s) will
be subject to criminal prosecution.
(Ord. No. 90-45, Pt. A, 10-9-90)
Sec. 1-20.5-58. All water through meter.
That portion of the customer's installation for water service shall be so arranged that all
water service shall pass through the meter. No temporary pipes, nipples, or spacers are
permitted and under no circumstances are connections allowed which may permit water to
bypass the meter or metering equipment.
(Ord. No. 90-45, Pt. A, 10-9-90)
Secs. 1-20.5-59-1-20.5-75. Reserved.
ARTICLE V. ST. LUCIE COUNTY WATER AND SEWER DISTRICT
Sec. 1-20.5-76. Creation; purpose; boundaries.
Pursuant to F.S. Ch. 153, Pt. II, and F.S. § 189.4041, the board of county commissioners
determines it to be necessary in the public interest to create and there is hereby created a
dependent special district to be known as the "St. Lucie County Water and Sewer District"
("District"). The boundaries of the district shall be the contiguous unincorporated area of St.
Lucie County, as identified on Exhibit "A" to the District Charter as adopted below. The
purpose of the special district is to consolidate certain existing County utility facilities into a
single operating entity, and to acquire, own, operate, lease and maintain water and sewer
systems in the unincorporated area of St. Lucie County, Florida. The board of county
commissioners hereby declares that a dependent special district is the best means of
establishing these public purposes and for acquiring, leasing, operating and managing assets
of water and sewer systems within the district.
(Ord. No. 04-023, § 1, 6-15-2004)
Sec. 1-20.5-77. Adoption of special district charter.
The board of county commissioners hereby adopts the charter attached as Exhibit "A" to
Ordinance No. 04-023 (the "district charter") to implement the provisions of this article and
delineate the powers and authority of the district.
(Ord. No. 04-023, § 2, 6-15-2004)
Editor's note-The charter referred to as Exhibit "A" attached to Ordinance No. 04-023 is
not printed herein, but is on file and available for reference in the offices of the county.
Supp. No. 97 1101
§ 1-20.5-78 ST. LUCIE COUNTY CODE
Sec. 1-20.5-78. Budgeting and financial reporting requirements.
The district shall comply with all applicable budgeting laws and financial reporting laws
including F.S. Ch. 200 and F.S. §§ 218.32, 218.321, 218.33, 218.34 and 218.345.
(Ord. No. 04-023, § 3, 6-15-2004)
ARTICLE VI. INDUSTRIAL PRETREATMENT*
Sec. 1-20.5-79. Purpose and policy.
The purpose of this article is to set forth uniform requirements for wastewater customers of
the district and enables the district to comply with all industrial pretreatment programs
("IPP") requirements set forth in applicable state and federal laws, including the Clean Water
Act and Rule 62-625, F.A.C. (Pretreatment Requirements for Existing and Other Sources of
Pollution) and the IPP Ordinance of the FPUA. The objectives of this article are:
(1) To prevent the introduction of pollutants into the WWTFs and IWRF that will interfere
with their operation;
(2) To prevent the introduction of pollutants into the WWTFs and IWRF that will pass
through the WWTFs and IWRF without adequate treatment and into receiving waters,
or otherwise be incompatible with the WWTFs and IWRF;
(3) To protect WWTF personnel who may be affected by the wastewater in the course of
their employment;
(4) To promote reuse and recycle of biosolids from WWTFs;
(5) To provide for the equitable distribution of the IPP costs and impacts to and on the
WWTFs and IWRF; and
(6) To enable the district to comply with its DEP permits and NPDES permit conditions,
sludge use and disposal requirements, and any other federal or state laws to which the
WWTFs are subject, to comply with the terms of the bulk services agreement, and to
comply with the terms of any other bulk wastewater treatment and disposal agree-
ments entered into from time to time by the district with third party wastewater
treatment and disposal providers ("other bulk service providers") for delivery of
wastewater to the other bulk service providers wastewater treatment and disposal
systems ("bulk WWTFs").
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-80. Definitions.
The following definitions shall apply to the provisions of this article:
Act ("the act"). The Federal Water Pollution Control Act, also known as the Clean Water Act,
as amended, 33 U.S.C. 1251 et seq.
*Editor's note-Ord. No. 10-012, Pt. A, adopted October 23, 2012, renamed Art. VI from
pretreatment of wastewater to industrial pretreatment.
Supp. No. 97 1102
WATER AND SEWER § 1-20.5-80
Approval authority. The DEP or its successor agencies.
Supp. No. s7 1102.1
WATER AND SEWER § 1-20.5-82
Wastewater facility ("WWF"). Collectively, the district's structures, sewers, equipment, and
processes required to collect, carry away, and transmit wastewater and the WWTFs, IWRF and
bulk WWTFs, as applicable.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-81. Applicability.
This article shall apply within the boundaries of the district, and the use of or discharge into
the WWTFs, IWRF or Bulk WWTFs by any user. The delivery of wastewater to district's
wastewater collection and transmission system is conclusive proof of acceptance of and
submittal to the jurisdiction of the Code.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-82. Prohibited discharge standards.
Users shall not discharge pollutants into the WWF unless in accordance with the Code, and
the requirements of the multi jurisdictional agreement between the district and FPUA, except
for bulk service areas provided treatment by FPUA wastewater treatment facilities. These
areas are subject to the terms of the multi jurisdictional agreement between St. Lucie County
and FPUA.
(1) Discharge prohibitions. No user shall discharge into the WWF any pollutant, waste-
water or septic tank waste which may cause pass through or interference with the
operation or performance of the WWF.
No user shall discharge into the WWF any of the following:
a. Toxic or poisonous substances, chemical elements or compounds, taste or odor-
producing substances, or any other substances which are not amenable to
treatment or reduction by the wastewater treatment processes employed by the
WWTF, IWRF or Bulk WWTF. Toxic pollutants shall include, but not be limited
to, any pollutant identified pursuant to 40 CFR Part 116 (4).
b. Noxious, or malodorous solids, liquids, or gases or other wastewater which, either
singly, or by interaction with other waste or wastewater (a) are capable of
creating public nuisance or hazard to human or animal life (b) are or may be
sufficient to prevent entry into a sewer for its maintenance, inspection, or repair
or (c) may create any hazard in the receiving waters of the WWF.
c. Liquids, solids, or gases which by reason of their nature or quantity are or may
be sufficient either alone or by interaction with other substances to cause fire or
explosion or be injurious in any other way to the WWF or to its operation.
Prohibited materials include but are not limited to, petroleum oil and non-
biodegradable cutting oil, pollutants with a closed cup flashpoint of less than one
hundred forty (140) degrees Fahrenheit (sixty (60) degrees Centigrade), using the
test method specified in ASTM Standard D-93-79 or D-93-80k or as specified in
ASTM Standard D-3278 and pollutants which cause an excess of ten (10) percent
of the lower explosive limit (LEL) at any point in the WWF. Specific products
Supp. No. 97 1109
§ 1-20.5-82 ST. LUCIE COUNTY CODE
include, but are not limited to: gasoline, kerosene, fuel oil, motor oil, naphtha,
benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates,
perchlorates, bromates, carbides, hydrides, and sulfides or any other substance
which the control authority, the State of Florida or its subdivisions and agencies,
or any federal agency has determined is a fire hazard or a hazard to the WWF.
d. Radioactive wastes or isotopes of such half-life or concentration as may exceed
limits established by regulations within the F.A.C. issued by the Florida Depart-
ment of Health and Rehabilitative Services and which will or may cause damage
or hazards to the WWF or its operating personnel.
e. Storm water, surface water, groundwater, artesian well water, roof runoff,
subsurface drainage, swimming pool discharges, uncontaminated cooling water,
unpolluted industrial process waters, air-conditioning condensate, unless specif-
ically authorized by the control authority in writing.
£ Domestic wastes from septic tanks, portable toilets, on-site wastewater systems
or other similar facilities, unless approved by the control authority in writing.
Such discharges shall only be made at a site approved by the control authority.
g. Mineral oil in excess of one hundred (100) mg/L or animaUvegetable fats, wax,
grease, or oils in excess of seventy-five (75) mg/L, whether emulsified or not; or
substances which may solidify or become viscous at temperatures lower than or
equal to one hundred fifty (150) degrees (150 degrees Fahrenheit).
h. All trucked or hauled pollutants are prohibited except at discharge points
designated by the control authority.
Inert suspended solids (such as, but not limited to, Fullers earth, lime slurries,
and lime residues) or dissolved solids (such as, but not limited to, sodium chloride
and sodium sulfate) in such concentrations as to pass through or cause interfer-
ence with the operations of the WWF.
j. Waste or wastewater having a pH lower than five (5) exhibiting any corrosive
property which either singly or by interaction with other wastes is capable of
causing damage or hazard to structures, processes, equipment, or personnel of
the WWF.
k. Waste or wastewater having a pH higher than ten (10) which either singly or by
interaction with other wastes is capable of causing damage or hazard to
structures, processes, equipment or personnel of the WWF.
1. BOD, COD, or chlorine in such concentration and/or flow as to constitute a
significant load on or shock to the WWF or cause interference.
m. Volume of flow or concentrations of wastes constituting "slugs" as defined herein.
n. Liquid or vapor having a temperature higher than one hundred thirty degrees
Fahrenheit (130° F), which will inhibit biological activity in the treatment plant
Supp. No. 97 1110
WATER AND SEWER § 1-20.5-82
resulting in interference, or that causes influent temperature to the WWF to
exceed one hundred four degrees Fahrenheit (104° F.), except where higher
temperatures are required by law.
o. Solid or viscous substances in such quantities or of such size as to be capable of
causing obstruction to the flow in a sewer, or other interference with the proper
operation of any connected system, such as but not limited to: ordinances greater
than one-half (~/z) inch in any dimension, grease, uncomminuted food wastes,
animal entrails or tissues, paunch manure, bones, hair, hides or fleshings, whole
blood, feathers, ashes, cinders, sand, spent lime, stone or marble dust, metal,
glass, straw, shavings, grass clippings, rags, spent grains or hops, waste paper,
wood plastics, rubber stoppers, tar asphalt residues from refining or processing of
fuel or lubricating oil, gasoline, naphtha, and similar substances either whole or
ground.
p. Excessive discoloration which cannot be removed by the treatment process, such
as but not limited to dye, printing wastes, and vegetable tanning solutions which
imparts color to the WWF effluent thereby violating the NPDES permit held by
a control authority.
q. Medical wastes, except as specifically authorized by the control authority in
writing.
r. Detergents, surface-active agents, or other substances which may cause excessive
foaming in the WWF.
s. Any sludges, screenings, or other residuals from the pretreatment of industrial
wastes.
t. Toxic gases, vapors, or fumes in a quantity that may cause acute worker health
and safety problems.
u. Waste or wastewater that contains more than two thousand (2,000) ppm total
solids.
v. Water or wastewater that contains substances in excess of the standard strength
for wastewater as defined:
Standard strength Maximum allowable
B.O.D. 250 mg/1
Suspended solids (SS) 250 mg/1
1,000 mg/1
1,000 mg/1
(2) Compliance with national and local standards. It shall be unlawful for any person to
discharge any pollutant into the WWF except when such discharge is in compliance
with federal standards promulgated pursuant to the Act, and any other more stringent
state and local standards. Wastes containing concentrations in excess of the National
Categorical Pretreatment Standards are prohibited.
(3) Local pretreatment standards. Any wastes containing concentrations in excess of the
following local pretreatment standards are prohibited:
Supp. No. 97 1111
§ 1-20.5-82 ST. LUCIE COUNTY CODE
Maximum
Daily Limit
Pollutant (mg/L)
BOD 1,000
COD 1,000
Fats, oils and grease 75
Hydrogen sulfide 10
Mineral or petroleum oil 100
Total suspended solids 1,000
Total solids 2,000
Arsenic 0.34
Cadmium 0.12
Chromium 12.7
Copper 3.11
Cyanide 0.58
Lead 0.74
Mercury 0.06
Nickel 2.57
Selenium 1.99
Silver 3.17
Zinc 2.67
pH 5.0 to 10.0
The above limits apply at the point where the wastewater is discharged to the WWF.
The control authority may impose mass limitations, instantaneous maximum limita-
tions, maximum monthly average values, or maximum four (4) day average values, in
addition to, or in place of, the limitations listed above. The district may modify the
above local pretreatment standards from time to time as needed based on regulatory
requirements and standards, WWF operation, performance and processes, the indus-
trial user base, potable water quality and domestic wastewater characteristics by
resolution of the district, such modifications effective thirty (30) days from notice of
acceptance of the modified limits by FDEP. A copy of the approved local pretreatment
standards is available upon request at the District office, 2300 Virginia Avenue, Ft.
Pierce, FL 34982. As a courtesy, permitted SIUs shall also be issued an addendum to
their wastewater discharge permits containing the new local limits, provided such new
local limits shall apply to each permitted SIU notwithstanding whether an addendum
is issued or not.
(4) Right of revision. The district authorizes FPUA and each other bulk service provider to
establish, by ordinance, resolution or in permits, more stringent limitations or
requirements on discharges to the WWF if deemed necessary, and such more stringent
limitation or requirements shall be automatically incorporated without further action
by the district into and made a part of the local pretreatment standards for wastewater
discharged to such bulk service provider's WWF, effective thirty (30) days from notice
of acceptance of the modified limits by FDEP.
Supp. No. 97 1112
WATER AND SEWER § 1-20.5-82
(5) Dilution. No user shall ever increase the use of process water, or in any way attempt
to dilute a discharge, as a partial or complete substitute for adequate treatment to
achieve compliance with the limitations unless expressly authorized by an applicable
federal categorical pretreatment standard, or in any other pollutant-specific limitation
developed by the state. The control authority may impose mass limitations on users
which are using dilution to meet applicable pretreatment standards or requirements,
or in other cases when the imposition of mass limitations is appropriate.
(6) Septic tank waste hauling.
a. Septic tank waste may be introduced into the WWF only at an approved septic
receiving station located at a WWF as provided below.
b. Any septage hauler shall have a discharge permit issued under conditions
specified in section 1-20.5-84 of the Code.
c. No hauled load may be discharged without prior written consent from the control
authority. Samples may be collected from each load to ensure compliance with
applicable standards. The septage hauler may be required to provide waste
analysis of any load prior to discharge.
d. Septage haulers must provide a waste tracking form for every load. The form
shall include, at a minimum, the name and address of the waste hauler, permit
number, truck identification, names and addresses of sources of waste, volume
and characteristics of waste. This form shall identify the type of industry known
or suspected waste constituents and whether any wastes are RCRA hazardous
wastes.
(7) Control of discharge. If any wastes or wastewaters are discharged, or are proposed to
be discharged, to the WWF which contain the substances or possess the characteristics
enumerated in section 1-205-82 as prohibited by the Code, does not meet applicable
pretreatment standards and requirements, and/or which may have a deleterious effect
upon the WWF, its processes, equipment, or receiving waters, or which otherwise
create a hazard to life or constitute a public nuisance, the control authority may:
a. Reject the wastes or deny or condition the introduction of new sources of
wastewater to the WWF; or
b. Require the user to demonstrate that in-plant improvements will modify the
discharge to such a degree as to be acceptable; and/or
c. Require pretreatment of the user's discharge to ensure compliance with this
article; and/or
d. Require payment of an industrial waste surcharge to cover the added cost of
handling and treating excess loads imposed on the WWF by such discharge.
Approval of industrial waste surcharges for the recovery of treatment costs does
not replace or supersede the requirements for pretreatment facilities, should they
be found necessary by the control authority.
(Ord. No. 10-012, Pt. A, 4-20-2010; Ord. No. 12-020, Pt. A, 10-23-2012)
Supp. No. 97 1113
§ 1-20.5-83 ST. LUCIE COUNTY CODE
Sec. 1-20.5-83. Pretreatment.
(a) Pretreatment facilities. Users shall provide wastewater treatment as necessary to
comply with this article and shall achieve compliance with all categorical pretreatment
standards, local limits, and the prohibitions set out in this article within the time limitations
specified by EPA, or the State of Florida, whichever is more stringent. Any pretreatment
facility shall be provided, operated, and maintained at the user's sole cost and expense.
Detailed plans prepared by a registered engineer in the State of Florida describing such
facilities and operating procedures must be approved in writing by the control authority before
such facilities are constructed. The review and approval of such plans and operating
procedures shall not relieve the user from the responsibility of modifying such facilities as
necessary to produce a discharge in compliance with the Code.
(b) Additional pretreatment measures.
(1) Whenever deemed necessary, the control authority may require users to restrict their
discharge during peak flow periods, designate that certain wastewater be discharged
only into specific sewers, relocate and/or consolidate points of discharge, separate
sewage waste streams from industrial waste streams, and such other conditions as
may be necessary to protect the WWF and determine the user's compliance with the
requirements of the Code.
(2) The control authority may require any person discharging into the WWF to install and
maintain, on their property and at their sole cost and expense, a suitable storage and
flow-control facility to ensure equalization of flow. A permit may be issued solely for
flow equalization.
(3) Grease, oil, and sand interceptors shall be provided when, in the opinion of the control
authority, they are necessary for the proper handling of wastewater containing
excessive amounts of grease and oil, or sand; except that such interceptors shall not be
required for residential users. All interception units shall be of type and capacity
approved in writing by the control authority and shall be installed at a location on the
premises to be easily accessible for cleaning and inspection. Such interceptors shall be
inspected, cleaned, and repaired regularly, as needed, by the user at their expense.
Users shall provide all reports of interceptor maintenance as required by the control
authority.
(4) Users with the potential to discharge flammable substances shall be required to install
and maintain an approved combustible gas detection meter.
(c) Accidental discharge /slug control plans. At least once every two (2) years, the control
authority shall evaluate whether to require each user to adopt an accidental discharge/slug
control plan. Alternatively, the control authority may develop such a plan for any user. An
accidental discharge/slug control plan shall address, at a minimum, the following:
(1) Description of discharge practices, including non-routine batch discharges;
(2) Description of all stored chemicals;
Supp. No. 97 1114
WATER AND SEWER § 1-20.5-84
(3) Procedures for immediately notifying the control authority of any accidental or slug
discharge in accordance with section 1-20.5-85 of the Code; and
(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such
procedures include, but are not limited to, inspection and maintenance of storage
areas, handling and transfer of materials, loading and unloading operations, control of
plant site runoff, worker training, building of containment structures or equipment,
measures for containing toxic organic pollutants, including solvents, and/or measures
and equipment for emergency response.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-84. Industrial wastewater discharge permit.
(a) Application for discharge permit.
(1) No industrial user shall discharge wastewater into the wastewater facility without
first applying for a discharge permit. The control authority may require all other users
to obtain permits as necessary to carry out the purposes of this article. Any violation
of the terms and conditions of a permit shall be deemed a violation of the Code and
shall subject the permittee to sanctions set out in sections 1-20.5-88 and 1-20.5-89 of
the Code. Obtaining a permit does not relieve a permittee of its obligation to comply
with all federal and state pretreatment standards or requirements or with any other
requirements of federal, state, and local law. The district authorizes FPUA and each
other bulk service provider to review the district permit application form from time to
time and to establish by ordinance or resolution more stringent permit application
contents if deemed necessary and such more stringent permit application contents
shall be automatically applicable upon submittal to the district.
(2) All prospective industrial users must submit to the control authority the application
fee and information on the nature and characteristics of their wastewater by
completing a permit application /wastewater survey at least one hundred ninety (190)
days prior to the date upon which any discharge will begin. The control authority is
authorized to prepare a form for this purpose and may periodically require users to
update the survey. Information to be provided with the survey may include description
of the industrial activity, specifications of the constituents inherent to the processes
and wastes, identification of the wastewater characteristics, plumbing diagrams,
location of sampling points, number of employees and hours of operation, and any
other information deemed necessary by the control authority to evaluate the permit
application. Failure to complete this survey shall be reasonable grounds for terminat-
ing service to the user and shall be considered a violation of the Code.
(3) Within sixty (60) days of receipt of a complete permit application, the control authority
will determine whether or not to issue a permit. The control authority may deny any
application for a permit.
Supp. No. 97 1115
§ 1-20.5-84 ST. LUCIE COUNTY CODE
(b) Application signatories and certification. All permit applications and user reporting
must be signed by an authorized representative of the user and contain the following
certification statement:
"I certify under penalty of law that this document and all attachments were prepared under
my direction or supervision in accordance with a system designed to assure that qualified
personnel properly gather and evaluate the information submitted. Based on my inquiry of
the person or persons who manage the system, or those persons directly responsible for
gathering the information, the information submitted is, to the best of my knowledge and
belief, true, accurate, and complete. I am aware that there are significant penalties for
submitting false information, including the possibility of fine and imprisonment for knowing
violations."
All categorical industrial users must comply with the signatory requirements of Rule
62-625.600(11) F.A.C.
(c) Permit issuance process.
(1) Permits shall be expressly subject to all provisions of this article and all other
applicable regulations. The cost of said permit shall be incurred by the user in
accordance with the fee schedule as set forth in section 1-20.5-89.
(2) Permit duration shall not exceed five (5) years from the date of issuance and upon
expiration of same, a renewal permit may be issued which shall be effective for an
additional five (5) years provided that the conditions of the existing permit have not
changed and the appropriate renewal fees have been paid. The permit shall be
displayed by the user in a location at the permitted facility so as to be seen and read
by the general public.
(3) Permits shall contain at a minimum, the following conditions:
a. A statement that indicates permit duration;
b. A statement of non-transferability;
c. Pretreatment standards and effluent limits applicable to the user based on
applicable standards in federal, state, and local law;
d. Self monitoring, sampling, reporting, notification, and record keeping require-
ments to include identification of pollutant(s) to be monitored, sample location(s),
sample frequency, and sample type;
e. Statement of applicable civil, criminal, and administrative penalties for violation
of pretreatment standards and requirements.
(4) Permits may contain the following additional conditions:
a. The unit charge or schedule of user charges and fees for management of the
wastewater to be discharged to the WWF;
Supp. No. 97 1116
WATER AND SEWER § 1-20.5-84
b. Limits on the instantaneous, daily, monthly average and/or four-day maximum
concentration, mass, or other measure of identified wastewater constituents and
characteristics;
c. Limits on the average and/or maximum rate and time of discharge and/or
requirements for flow regulations and equalization;
d. Requirements for installation and maintenance of inspection facilities, and flow
metering and sampling equipment;
e. Requirements for the installation of pretreatment technology, pollution control,
or construction of appropriate containment devices, designed to reduce, elimi-
nate, or prevent the introduction of pollutants into the WWF;
£ Development and implementation of spill control plans or other special conditions
including management practices necessary to adequately prevent accidental,
unanticipated, or routine discharges;
g. Development and implementation of waste minimization plans to reduce the
amount of pollutants discharged to the WWF;
h. A statement that compliance with the permit does not relieve the permittee of
responsibility for compliance with all applicable federal and state pretreatment
standards, including those which become effective during the term of the permit;
i. Other conditions as deemed appropriate by the control authority to ensure
compliance with the Code, and federal and state laws, rules, and regulations.
(5) The district authorizes FPUA and each other bulk service provider to review from time
to time the district's permit form and to establish by ordinance or resolution more
stringent permit contents if deemed necessary and such more stringent permit
contents shall be automatically applicable upon submittal to the district.
(d) Compliance schedules. If additional pretreatment and/or operation and maintenance
will be required to meet the pretreatment standards, the user shall submit to the control
authority for approval and incorporation in the permit the shortest schedule by which the user
is to provide additional pretreatment. The completion date in this schedule shall not be later
than the compliance date established for the applicable pretreatment standards. The compli-
ance schedule shall meet the requirements set out in section 1-20.5-85 of the Code.
(e) Permit transfer. Permits are issued to a specific user for a specific operation. A permit
may not be reassigned, transferred or sold to a new owner or new user unless the permittee
gives at least ninety (90) days' advance written notice to the control authority and the control
authority approves the permit transfer. The notice to the control authority shall include a
written certification by the new owner and/or user that:
(1) States that the new owner and/or user has no immediate intent to change the facility's
operations and processes;
(2) Identifies the specific date on which the transfer is to occur;
Supp. No. 97 1117
§ 1-20.5-84 ST. LUCIE COUNTY CODE
(3) Acknowledges full responsibility for complying with the terms and conditions of the
existing permit.
Failure to provide advance notice of a transfer renders the permit voidable on the date of
facility transfer.
(f) Permit modification. Permits may be modified by the control authority for good cause
including, but not limited to the following:
(1) To incorporate any new or revised federal, state, or local pretreatment standards or
requirements;
(2) To address significant alterations or additions to the user's operation, processes, or
wastewater volume or character since the time of permit issuance;
(3) A change in the WWF that requires either a temporary or permanent reduction or
elimination of the authorized discharge;
(4) Information indicating that the permitted discharge poses a threat to the WWF, the
control authority's personnel, or the receiving waters;
(5) Violations of any terms or conditions of the permit;
(6) Misrepresentations or failure to fully disclose all relevant facts in the permit
application or in any required reporting;
(7) Revision of or a grant of variance from categorical pretreatment standards pursuant to
40 CFR 403.13 and Rule 62-625.700, F.A.C.;
(8) To correct typographical or other errors in the permit;
(9) To reflect a transfer of the facility ownership and/or operation to a new owner/operator
if approved by the control authority; or
(10) Upon request of the permittee, provided such request does not create a violation of any
applicable requirements, standards, laws, or rules and regulations.
User requests for permit modifications shall be made in writing and include facts or reasons
which support the request. When modifying a permit, the control authority shall allow a
reasonable time frame for the user to comply with the new or changed conditions if the user
cannot meet them at the time of the modification and if permitted bylaw. If the new or changed
conditions are the result of new or changed pretreatment regulations, those regulations will
stipulate the compliance period. The filing of a request by the permittee for a permit
modification does not stay any permit condition.
(g) Permit revocation. Permits may be revoked for the following reasons:
(1) Failure to notify the control authority of significant changes to the wastewater prior to
the changed discharge.
(2) Failure to provide prior notification to the control authority of changed condition
pursuant to section 1-20.5-85 of the Code.
Supp. No. 97 1118
WATER AND SEWER § 1-20.5-84
(3) Misrepresentation or failure to fully disclose all relevant facts in the permit applica-
tion.
(4) Falsifying self monitoring reports.
(5) Tampering with monitoring equipment.
(6) Refusing to allow the control authority timely access to the facility premises and
records.
(7) Failure to meet e$luent limitations.
(8) Failure to pay penalties.
(9) Failure to pay sewer charges.
(10) Failure to meet compliance schedules.
(11) Failure to provide advance notice of the transfer of a permitted facility.
(12) Violation of any pretreatment standard or requirement, or any terms of the permit or
the Code.
(13) Indication that the discharge presents a threat to the environment or threatens to
interfere with the operation of the WWF.
Permits shall be voidable upon nonuse, cessation of operations, or transfer of business
ownership (except as addressed herein). All permits are void upon the issuance of a new
permit.
(h) Appeal of permit revocation.
(1) Authorization to discharge industrial waste into the WWF shall continue in effect
unless or until rescinded by the control authority in writing. In the event that the
control authority revokes the authorization of any user to discharge wastes into the
WWF, notification of such revocation shall be delivered to the user by certified mail or
by hand delivery.
(2) Any system user whose authorization to discharge has been revoked may appeal the
decision of the control authority. The appeal shall be sent in writing by certified mail,
return receipt requested, to the control authority's code enforcement department
within fifteen (15) days of receipt of the control authority's notification to cease
discharge.
(3) The code enforcement department may affirm, reverse, or modify the order of the
control authority and shall issue its decision in writing. The control authority's order
to cease discharge of wastes into the WWF shall not become effective until the period
for appeal has expired, or in the event that an appeal has been filed, until the code
enforcement department has rendered a decision, unless the control authority has
made a finding that continued discharge by the user into the WWF constitutes a clear
and present danger to the operations of the WWF or to the health of the public, or to
Supp. No. 97 1119
§ 1-20.5-84 ST. LUCIE COUNTY CODE
the environment. Any such finding shall be included in the control authority's
notification to cease discharge, and in such event, the revocation of authorization to
discharge wastes shall become effective immediately.
(j) Permit renewal. All permittees must apply for a permit renewal a minimum of ninety
(90) days prior to the expiration of the existing permit. The reapplication for a permit shall
consist of a written request for reissuance of the permit. The request shall state if all terms and
conditions of the existing permit and Code are complied with and must be signed by an
authorized representative of the user.
(k) Special agreements. The district reserves the right to enter into special agreements with
the FPUA and other bulk service providers setting out special terms under which they may
discharge to the WWF. In no case will a special agreement waive compliance with a categorical
pretreatment standard or requirement.
(1) Regulation of discharge from other jurisdictions. In the event another jurisdiction or
municipality contributes all or a portion of its wastewater to another bulk service provider to
discharge to the WWF, the control authority to whom the other jurisdiction or municipality
contributes wastewater shall require the jurisdiction or municipality to enter into an
multi-jurisdictional agreement with the control authority. Prior to entering into amulti-
jurisdictional agreement, the control authority may request the contributing jurisdiction
provide the following information:
(1) A description of the quality and volume of the wastewaters) at the point where it
enters the WWF from the contributing jurisdiction.
(2) An inventory of all industrial users within the contributing jurisdiction.
(3) Such information as may be required by the other jurisdiction.
A multi jurisdictional agreement as required above, shall contain the following conditions:
(1) A requirement for the contributing jurisdiction to adopt an ordinance which is at least
as stringent as the Code and local limits which are at least as stringent as those set out
in subsection (4) for those users that discharge to the WWF. The requirement shall
specify that the ordinance and limits must be revised as necessary to reflect changes
made to this Code.
(2) A requirement for the contributing jurisdiction to submit a revised industrial user
inventory on at least an annual basis.
(3) A requirement for the contributing jurisdiction to:
a. Conduct pretreatment implementation activities including industrial user permit
issuance, inspection and sampling, and enforcement; or
b. Authorize the control authority to take or conduct the activities on its behalf.
(4) A requirement for the contributing jurisdiction to provide the control authority with
access to all information that the contributing jurisdiction user or municipal user
obtains as part of its pretreatment activities associated with the WWF.
Supp. No. 97 1120
WATER AND SEWER § 1-20.5-85
(5) Limits on the nature, quality, and volume of the contributing jurisdiction wastewater
at the point where it discharges to the WWF.
(6) Requirements for monitoring the discharge.
(7) A provision ensuring the control authority access to the facilities of users located
within the contributing jurisdiction's jurisdictional boundaries for the purpose of
inspection, sampling, and any other duties deemed necessary by the control authority.
(8) A provision specifying remedies available for breach of the terms of the multi-
jurisdictional agreement.
(Ord. No. 10-012, Pt. A, 4-20-2010; Ord. No. 12-020, Pt. A, 10-23-2012)
Sec. 1-20.5-85. Reporting requirements.
(a) Baseline monitoring reports. Within either one hundred eighty (180) days after the
effective date of a categorical pretreatment standard, or the final administrative decision on a
category determination under Rule 62-625.410(2)(d), F.A.C., whichever is later, existing
categorical industrial users currently discharging to or scheduled to discharge to the WWF
shall submit to the control authority a report which contains the information listed numeri-
cally below. At least ninety (90) days prior to commencement of their discharge, new sources,
and sources that become categorical industrial users subsequent to the promulgation of an
applicable categorical standard, shall submit to the control authority a report which contains
the information listed numerically below. A new source shall report the method of pretreat-
ment it intends to use to meet applicable categorical standards. A new source also shall give
estimates of its anticipated flow and quantity of pollutants to be discharged.
(1) Identifying information. The name and address of the facility, including the name of
the operator and owner.
(2) Environmental permits. A list of any environmental control permits held by or for the
facility.
(3) Description of operations. A brief description of the nature, average rate of production,
and standard industrial classifications of the operation(s) carried out by such user.
This description should include a schematic process diagram which indicates points of
discharge to the WWF from the regulated processes.
(4) Flow measurement. Information showing the measured average daily and maximum
daily flow, in gallons per day, to the WWF from regulated process streams and other
streams, as necessary to allow use of the combined waste stream formula set out in
Rule 62-625.410(6), F.A.C.
(5) Measurement of pollutants.
a. The categorical pretreatment standards applicable to each regulated process.
b. The results of sampling and analysis identifying the nature and concentration,
and/or mass, where required by the standard or by the control authority, of
regulated pollutants in the discharge from each regulated process. Instanta-
Supp. No. 97 1121
§ 1-20.5-85 ST. LUCIE COUNTY CODE
neous, daily maximum, and long-term average concentrations, or mass, where
required, shall be reported. The sample shall be representative of daily opera-
tions and shall be analyzed in accordance with procedures set out in section
1-20.5-85 of the Code.
c. Sampling must be performed in accordance with procedures set out in subsection
1-20.5-85(k) of the Code.
(6) Certification. A statement, reviewed by the user's authorized representative and
certified by a qualified professional, indicating whether pretreatment standards are
being met on a consistent basis, and, if not, whether additional operation and
maintenance (O&M) and/or additional pretreatment is required to meet the pretreat-
ment standards and requirements.
(7) Compliance schedule. If additional pretreatment and/or O&M will be required to meet
the pretreatment standards, the shortest schedule by which the user will provide such
additional pretreatment and/or O&M. The completion date in this schedule shall not
be later than the compliance date established for the applicable pretreatment
standard. A compliance schedule pursuant to this section must meet the requirements
set out in subsection 1-20.5-85(b) of the Code.
(8) Signature and certification. All baseline monitoring reports must be signed and
certified in accordance with subsection 1-20.5-84(b) of the Code.
(b) Compliance schedule progress reports. The following conditions shall apply to the
compliance schedule required by sections 1-20.5-84 and 1-20.5-85 of the Code.
(1) The schedule shall contain progress increments in the form of dates for the commence-
ment and completion of major events leading to the construction and operation of
additional pretreatment required for the user to meet the applicable pretreatment
standards (such events include, but are not limited to, hiring an engineer, completing
preliminary and final plans, executing contracts for major components, commencing
and completing construction, and beginning and conducting routine operation);
(2) No increment referred to above shall exceed nine (9) months;
(3) The user shall submit a progress report to the control authority no later than fourteen
(14) days following each date in the schedule and the final date of compliance
including, as a minimum, whether or not it complied with the increment of progress,
the reason for any delay, and, if appropriate, the steps being taken by the user to
return to the established schedule; and
(4) In no event shall more than nine (9) months elapse between such progress reports to
the control authority.
(c) Reports on compliance with categorical pretreatment standard deadline. Within ninety
(90) days following the date for final compliance with applicable categorical pretreatment
standards, or in the case of the new source following commencement of the introduction of
wastewater into the WWF, any user subject to such pretreatment standards and requirements
Supp. No. 97 1122
WATER AND SEWER § 1-20.5-85
shall submit to the control authority a report containing the information described in section
1-20.5-85 of this Code. For users subject to equivalent mass or concentration limits established
in accordance with the procedures in Rule 62-625.410(4), F.A.C., this report shall contain a
reasonable measure of the user's long-term production rate. For all other users subject to
categorical pretreatment standards expressed in terms of allowable pollutant discharge per
unit of production (or other measure of operation), this report shall include the user's actual
production during the appropriate sampling period. All compliance reports must be signed and
certified in accordance with subsection 1-20.5-84(b) of this Code.
(d) Periodic compliance reports.
(1) All significant industrial users shall, at a frequency determined by the control
authority but in no case less than twice per year (in June and December), submit a
report indicating the nature and concentration of pollutants in the discharge which are
limited by pretreatment standards and the measured or estimated average and
maximum daily flows for the reporting period. All periodic compliance reports must be
signed and certified in accordance with subsection 1-20.5-84(b) of this Code.
(2) All wastewater samples must be representative of the user's discharge. Wastewater
monitoring and flow measurement facilities shall be properly operated, kept clean, and
maintained in good working order at all times. The failure of a user to keep its
monitoring facility in good working order shall not be grounds for the user to claim that
sample results are unrepresentative of its discharge. All sampling and analyses shall
comply with the requirements of Rule 62-625.500(2)(e), F.A.C.
(3) If a user subject to the reporting requirement in this section monitors any pollutant
more frequently than required by the control authority, using the procedures pre-
scribed in subsection 1-20.5-85(k) of this Code, the results of this monitoring shall be
included in the report.
(e) Reports of changed conditions. Each user must notify the control authority of any
planned significant changes to the user's operations or system which might alter the nature,
quality, or volume of its wastewater at least sixty (60) days before the change.
(1) The control authority may require the user to submit such information as may be
deemed necessary to evaluate the changed condition, including the submission of a
discharge permit application under section 1-20.5-84 of this Code.
(2) The control authority may issue a permit under section 1-20.5-84 of this Code or
modify an existing permit in response to changed conditions or anticipated changed
conditions.
(3) For purposes of this requirement, significant changes include, but are not limited to,
flow increases of twenty-five (25) percent or greater, and the discharge of any
previously unreported pollutants.
Supp. No. 97 1123
§ 1-20.5-85 ST. LUCIE COUNTY CODE
(f) Reports of potential problems.
(1) In the case of any discharge, including, but not limited to, accidental discharges,
discharges of anon-routine, episodic nature, anon-customary batch discharge, or a
slug load, that may cause potential problems for the control authority, the user shall
immediately telephone and notify the control authority of the incident. This notifica-
tion shall include the location of the discharge, type of waste, concentration and
volume, if known, and corrective actions taken by the user.
(2) Within five (5) days following such discharge, the user shall, unless waived by the
control authority, submit a detailed written report describing the cause(s) of the
discharge and the measures to be taken by the user to prevent similar future
occurrences. Such notification shall not relieve the user of any expense, loss, damage,
or other liability which may be incurred as a result of damage to the WWF, natural
resources, or any other damage to person or property; nor shall such notification
relieve the user of any fines, penalties, or other liability which may be imposed
pursuant to this article.
(3) A notice shall be permanently posted on the user's bulletin board or other prominent
place advising employees whom to call in the event of a discharge described in
subsection (1), above. Employers shall ensure that all employees, who may cause such
a discharge to occur, are advised of the emergency notification procedure.
(g) Reports from unpermitted users. All users not required to obtain a permit shall provide
appropriate reports to the control authority as the control authority may require.
(h) Notice of violation/repeat sampling and reporting. If sampling performed by a user
indicates a violation, the user must notify the control authority within twenty-four (24) hours
of becoming aware of the violation. The user shall also repeat the sampling and analysis and
submit the results of the repeat analysis to the control authority within thirty (30) days after
becoming aware of the violation. The user is not required to resample if the control authority
monitors at the user's facility at least once a month, or if the control authority samples
between the user's initial sampling and when the user receives the results of this sampling.
(i) Notification of the discharge of hazardous waste.
(1) Any user who commences the discharge of hazardous waste shall notify the control
authority, the EPA Regional Waste Management Ordinance Director, and state
hazardous waste authorities, in writing, of any discharge into the WWF of a substance
which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261.
Such notification must include the name of the hazardous waste as set forth in 40 CFR
Part 261, the EPA hazardous waste number, and the type of discharge (continuous,
batch, or other). If the user discharges more than one hundred (100) kilograms of such
waste per calendar month to the WWF, the notification also shall contain the following
information to the extent such information is known and readily available to the user:
an identification of the hazardous constituents contained in the wastes, an estimation
of the mass and concentration of such constituents in the waste stream discharged
Supp. No. 97 1124
WATER AND SEWER § 1-20.5-85
during that calendar month, and an estimation of the mass of constituents in the waste
stream expected to be discharged during the following twelve (12) months. All
notifications must take place no later than one hundred eighty (180) days after the
discharge commences. Any notification under this subsection needs be submitted only
once for each hazardous waste discharged. However, notifications of changed condi-
tions must be submitted under section 1-20.5-85 of this Code. The notification
requirement in this section does not apply to pollutants already reported by users
subject to categorical pretreatment standards under the self-monitoring requirements
of subsection 1-20.5-85(e) of this Code.
(2) Dischargers are exempt from the requirements of subsection (1), above, during a
calendar month in which they discharge no more than fifteen (15) kilograms of
hazardous wastes, unless the wastes are acute hazardous wastes as specified in 40
CFR 261.30(d) and 261.33(e). Discharge of more than fifteen (15) kilograms of
nonacute hazardous wastes in a calendar month, or of any quantity of acute hazardous
wastes as specified in 40 CFR 261.30(d) and 261.33(e), requires aone-time notification.
Subsequent months during which the user discharges more than such quantities of
any hazardous waste do not require additional notification.
(3) In the case of any new regulations under Section 3001 of RCRA identifying additional
characteristics of hazardous waste or listing any additional substance as a hazardous
waste, the user must notify the control authority, the EPA Regional Waste Manage-
ment Waste Ordinance Director, and state hazardous waste authorities of the
discharge of such substance within ninety (90) days of the effective date of such
regulations.
(4) In the case of any notification made under this section, the user shall certify that it has
a program in place to reduce the volume and toxicity of hazardous wastes generated to
the degree it has determined to be economically practical.
(5) This provision does not create a right to discharge any substance not otherwise
permitted to be discharged by this Code, a permit issued thereunder, or any applicable
federal or state law.
(j) Analytical requirements. All pollutant analyses, including sampling techniques, to be
submitted as part of a permit application or report shall be performed in accordance with the
techniques prescribed in Rule 62-625.600(1)(e), F.A.C., unless otherwise specified in an
applicable categorical pretreatment standard; or the sampling or analytical techniques for the
pollutant in question is not given for the pollutant in question, sampling and analyses must be
performed in accordance with procedures approved by EPA.
(k) Sample collection.
(1) Except as indicated in subsection (2), below, the user must collect wastewater samples
using flow proportional composite collection techniques. In the event flow proportional
sampling is infeasible, the control authority may authorize the use of time proportional
Supp. No. 97 1125
§ 1-20.5-85 ST. LUCIE COUNTY CODE
sampling or a minimum of four (4) grab samples where the user demonstrates that this
will provide a representative sample of the e$luent being discharged. In addition, grab
samples may be required to show compliance with instantaneous discharge limits.
(2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile
organic compounds must be obtained using grab collection techniques.
(1) Timing. Written reports will be deemed to have been submitted on the date postmarked.
For reports which are not mailed, postage prepaid, into a mail facility serviced by the United
States Postal Service, the date of receipt of the report shall govern.
(m) Records. Any industrial user subject to the reporting requirements in this Code is
required to retain for a minimum of five (5) years any records of monitoring activities and
results, and shall make records available for inspection or photocopying by the control
authority or state or federal officials. Records shall include the date, exact place, method and
time of sampling and the name of the person(s) taking the samples; the dates analyses were
performed; who performed the analysis; the analytical techniques or methods used and the
results of said analyses. The five-year period shall be automatically extended for the duration
of any litigation concerning the user, the control authority or where the user has been
specifically notified of a longer retention period by the control authority.
(Ord. No. 10-012, Pt. A, 4-20-2010; Ord. No. 12-020, Pt. A, 10-23-2012)
Sec. 1-20.5-86. Protection from damage.
No person shall maliciously, willfully, or negligently break, damage, destroy, uncover,
deface, or tamper with any structure, appurtenance, or equipment which is a part of the WWF.
Costs of any damage to the WWF, costs associated with interference with the WWF, costs
associated with any penalties or enforcement actions imposed on the WWF, and costs for
additional treatment or alternative disposal methods required to meet effiuent or sludge
treatment and disposal requirements (collectively "damages") resulting from violations of this
Code shall be paid by the user responsible for the violations, damages or costs.
The control authority will bill the user for the costs incurred by the control authority for any
cleaning, repair or replacement work caused by the interference or the violation discharge.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-87. Powers and authority of inspectors.
Authorized representatives of the control authority, the DEP, and the EPA bearing proper
credentials shall be permitted to enter upon any property without prior notification for the
purpose of inspection, observation, measurement, sampling, testing review and/or photocopy-
ing of records, or investigation as may be necessary in the enforcement of this Code. Entry
shall be made during daylight or operating hours unless abnormal or emergency circum-
stances require otherwise.
Supp. No. 97 1126
WATER AND SEWER § 1-20.5-88
The control authority may seek issuance of a search warrant(s) from any court of competent
jurisdiction for the following reasons:
(1) Refusal of access to a building, structure or property or any part thereof.
(2) If the control authority is able to demonstrate probable cause to believe that there may
be a violation of this Code.
(3) If there is a need to inspect and/or sample as part of a routine inspection and sampling
program of the control authority.
(4) To protect the public health, safety and welfare of the control authority.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-88. Enforcement actions.
The following escalating enforcement strategy may be used by the control authority when
industrial users are out of compliance with this Code. The various types of enforcement actions
shall be used as determined by the control authority depending on the circumstances of the
violation.
(1) Immediate threat to public health. The control authority may require the immediate
halt of a discharge if it is deemed as an immediate threat to public health or the WWF.
(2) Self-monitoring. The industrial user will review its self-monitoring data to determine
whether a violation of this article and/or of its permit limitations has occurred. If a
violation has occurred, the industrial user must provide to the control authority:
a. Twenty-four-hour notification that a violation has occurred.
b. Magnitude and nature of the violation.
c. Details regarding analytical quality assurance.
Failure to comply with the twenty-four-hour notification requirement will result in
administrative fines to be determined by the control authority.
(3) Re-sampling. Upon the determination that a violation has occurred, the industrial
user must resample the final discharge for the violated parameter. The re-sampling
data must be submitted to the control authority within thirty (30) days of violation
discovery. Failure to resample and report within thirty (30) days is a violation of this
article and Rule 62-625.600(6)(b), F.A.C. If the IU fails to resample and submit the
report within thirty (30) days, the control authority will issue a notice of violation
(NOV). Failure to comply with the NOV will result in a single administrative fine to be
determined by the control authority per violation. Continued failure to comply within
sixty (60) days from original violation thereafter will result in a monthly fine to be
determined control authority.
(4) W4VF monitoring. The control authority will conduct periodic, independent compliance
monitoring of industrial users as appropriate. If the violation is not significant, as
defined in this Code, the control authority will issue a NOV and aforty-five-day
compliance schedule including the requirement to resample in order to determine
supp. No. s~ 1126.1
§ 1-20.5-88 ST. LUCIE COUNTY CODE
whether a violation is significant. The results of the re-sampling must be submitted to
the control authority within thirty (30) days of receipt of the compliance schedule.
Failure to comply will result in a single fine to be determined by the control authority
per violation. Continued failure to comply sixty (60) days after issuance of the NOV
will result in a monthly fine to be determined by the control authority.
(5) Significant noncompliance. The control authority will review sampling data obtained
to determine whether significant noncompliance as defined in this Code has occurred;
in which case a single fine to be determined by the control authority will be assessed
per violation.
(6) Formal notice. If significant noncompliance is determined to have occurred, the control
authority will issue a notice of significant violation (NOSV), requiring the industrial
user to submit within fifteen (15) days of the receipt of the notice, aninety-day
compliance schedule to determine the need to install or construct pretreatment
facilities. Failure to respond within fifteen (15) days will result in a single fine to be
determined by the control authority per violation. Upon receipt of the draft compliance
schedule, the control authority will issue the compliance schedule as a condition of
continued operation. A demonstration of compliance (DOC) will be included as the final
item in the compliance schedule. If at any time during the ninety-day schedule, the
industrial user determines that pretreatment facilities are required, the industrial
user will inform the control authority of such and submit a draft construction schedule.
(7) DOC. Upon completion of the ninety-day compliance schedule, the control authority
will review the DOC data to determine whether compliance has been achieved. Failure
to demonstrate compliance during the ninety-day schedule will result in the control
authority issuing another NOSV requiring the industrial user to submit within fifteen
(15) days of receipt of the NOSV a draft compliance schedule for the construction of
new pretreatment facilities or the improvement, modification or expansion of existing
facilities. Failure to respond within fifteen (15) days will result in a single fine to be
determined by the control authority per violation. Continued failure to comply within
sixty (60) days of the NOSV thereafter will result in a monthly fine to be determined
by the control authority. Upon receipt of the draft compliance schedule, the control
authority will issue the compliance schedule as a condition of continued operation.
Approval of the facility design engineer by the control authority is required prior to
design of the pretreatment facility. A DOC will be included as the final item in the
compliance schedule. Upon completion of the construction compliance schedule, the
control authority will review the DOC data to determine whether compliance has been
achieved.
(8) Final schedule of compliance. If the construction of pretreatment facilities does not
achieve compliance, the control authority will assess a fine to be determined by the
control authority, and will issue a notice of monthly fine (NMF). Fines of the same
amount will continue to be assessed on a monthly basis until compliance is achieved or
service is terminated. The NMF will require that the industrial user submit a draft
Supp. No. 97 1126.2
WATER AND SEWER
§ 1-20.5-89
final compliance schedule within fifteen (15) days or receipt of the NMF. Upon receipt
of the draft compliance schedule, the control authority will issue the final schedule of
compliance as a condition of continued operation. A DOC period will be included as the
final item in the compliance schedule. Upon completion of the compliance schedule, the
control authority will review the DOC data to determine whether compliance has been
achieved.
(9) Show cause hearing. If the final compliance schedule does not achieve compliance, the
control authority will issue a notice to show cause (NSC) why the discharge permit
should not be revoked and service terminated, in accordance with law. The NSC will be
served on the industrial user specifying the time and place of the hearing, the proposed
facts of the action, the reasons for such actions and a request that the industrial user
show cause why the proposed enforcement action should not be taken. The notice of the
hearing shall be served personally or by registered or certified mail (return receipt
requested) at least ten (10) days prior to the hearing on the industrial user or posted
at the location where the alleged violation is occurring or has occurred. Whether or not
the industrial user appears as notified, immediate enforcement action maybe pursued
following the hearing. The control authority will hold the show cause hearing to
determine whether the permit should be revoked and sewer services terminated.
a. If the industrial user shows cause for its failure to comply, service shall not be
terminated nor the permit revoked. The monthly fine will increase to an amount
to be determined by the control authority per day and a new final compliance
schedule will be issued.
b. If the industrial user fails to show cause why its permit should not be revoked and
service terminated, the industrial user's permit shall be revoked and its sewer
service will be terminated by the control authority.
(10) Violations not addressed. Penalties for violations of this Code and/or the user's permit
not addressed in this section will be assessed at the discretion of the control authority.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-89. Permit fees and penalties.
(a) Permit application and renewal fee:
Initial Permit $1,100.00 per year
Renewal Permit $900.00 per year
Fine Amount for pH, BOD, TSS Violations $250.00 Minimum
Analytical Fees On a permit by permit basis
Plus applicable fees by other control agencies on a pass through basis.
(b) Other fees and penalties are listed under section 1-20.5-88, Enforcement actions.
(c) Industrial waste surcharge rates shall be as listed below:
BOD = $0.20/lb
Supp. No. 97 1126.3
§ 1-20.5-89 ST. LUCIE COUNTY CODE
TSS = $0.20/lb
Oil and Grease = $7.30/lb
Plus applicable fees by other control agencies on a pass through basis
Monthly surcharges shall be calculated as follows:
IWS = 8.34 (V) ($0.20x(BOD-250) + $0.20y(TSS-250) + $7.30z(OG-75)
IWS =Monthly industrial surcharge rate
V =Volume of industrial flow in million gallons per month based on metered water.
BOD =Biochemical Oxygen Demand in mg/L.
TSS =Total Suspended Solids in mg/L.
OG =Oil and grease in mg/L.
X =Capital and operating costs per pound of BOD greater than 250 mg/L.
Y =Capital and operating costs per pound of TSS greater than 250 mg/L.
Z =Capital and operating costs per pound of oil and grease greater than 75 mg/L.
(d) Any person who violates a provision of this Code shall be prosecuted in the name of the
State of Florida in a court having jurisdiction of misdemeanors by the prosecuting attorney
thereof, and upon conviction shall be punished by a fine to be determined by the control
authority for each offense or by imprisonment not to exceed sixty (60) days or by both such, fine
and imprisonment. If a violation continues, each day of such violation shall constitute a
separate o$~ense.
(e) Any person who knowingly makes any false statement, representation or certification in
any record or other document submitted under this Code shall be subject to fines to be
determined by the control authority per violation or by imprisonment for not more than sixty
(60) days, or both.
(f) The control authority may revise the permit fees and penalties from time to time by
resolution.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-90. Civil and criminal remedies.
In addition to the administrative fines provided in sections 1-20.5-88 and 1-20.5-89, to the
extent permitted by state law, the control authority is hereby authorized to institute any
appropriate action or proceeding, including suit for damages, injunctive relief and civil
penalties to be determined by the control authority per day per violation, in order to prevent
or abate violations of this Code or to recover damages as provided in section 1-20.5-86. In
accordance with Rule 62-625.500(2)(a)5.a., F.A.C., the district shall impose minimal civil and
criminal penalties of one thousand dollars ($1,000.00) per day per violation. The control
Supp. No. 97 1126.4
WATER AND SEWER § 1-20.5-90
authority may recover reasonable attorneys' fees, court costs, and other expenses associated
with enforcement activities, including sampling and monitoring expenses, and the cost of any
damages incurred by the control authority.
(1) Injunctive relief. When the control authority finds that a user has violated, or
continues to violate, any provision of this Code, a permit, or order issued hereunder, or
any other pretreatment standard or requirement, the control authority may petition
the circuit court for the issuance of a temporary or permanent injunction, as
appropriate, which restrains or compels the specific performance of the permit, order,
or other requirement imposed by this Code on activities of the user. The control
authority may also seek such other action as is appropriate for legal and/or equitable
relief, including a requirement for the user to conduct environmental remediation. A
petition for injunctive relief shall not be a bar against, or a prerequisite for, taking any
other action against a user.
(2) Criminal prosecution.
a. A user who willfully or negligently violates any provision of this Code, a permit,
or order issued hereunder, or any other pretreatment standard or requirement
shall, upon conviction, be guilty of a misdemeanor, punishable by a fine of not
more than the maximum fine allowed under state law per violation, per day, or
imprisonment, or both.
b. A user who willfully or negligently introduces any substance into the WWF which
causes personal injury or property damage shall, upon conviction, be guilty of a
misdemeanor and be subject to a penalty of at least the maximum fine allowable
under state law, or be subject to imprisonment, or both. This penalty shall be in
addition to any other cause of action for personal injury or property damage
available under state law.
c. A user who knowingly makes any false statements, representations, or certifica-
tions in any application, record, report, plan, or other documentation filed, or
required to be maintained, pursuant to this Code, permit, or order issued
hereunder, or who falsifies, tampers with, or knowingly renders inaccurate any
monitoring device or method required under this Code shall, upon conviction, be
punished by a fine of not more than the maximum fine allowable under state law
per violation, per day, or imprisonment or both.
d. In the event of a second conviction, a user shall be punished by a fine of not more
than the maximum fine allowable under state law per violation, per day, or
imprisonment, or both.
(3) Annual publication of significant violators. A list of all users that have been in
significant noncompliance with applicable pretreatment standards and requirements
during the twelve (12) previous months will be annually published by the control
Supp. No. 97 1126.5
§ 1-20.5-90 ST. LUCIE COUNTY CODE
authority in the largest daily newspaper published in the City of Fort Pierce. For
purposes of this section, a user is in significant noncompliance if its violation meets one
(1) or more of the following criteria:
a. Chronic violations of wastewater discharge limits, defined here as those in which
sixty-six (66) per cent or more of all of the measurements taken during a
six-month period exceed (by any magnitude) the daily maximum limit or the
average limit for the same pollutant parameter,
b. Technical review criteria (TRC) violations, defined here as those in which
thirty-three (33) per cent or more of all of the measurements for each pollutant
parameter taken during asix-month period equal or exceed the product of the
daily maximum limit or the average limit multiplied by the applicable TRC (TRC
= 1.4 for BOD, TSS, total fats, oil and grease, and 1.2 for all other pollutants
except pH),
c. Any other violation of a pretreatment effluent limit (daily maximum or longer-
term average) that the control authority determines has caused, alone or in
combination with other discharges, interference or pass through (including
endangering the health of FPUA personnel or the general public),
d. Any discharge that has resulted in the control authority's exercise of its
emergency authority under Rule 62-625.500(2)(a)5.b F.A.C. to halt or prevent
such a discharge,
e. Failure to meet, within ninety (90) days after the schedule date, a compliance
schedule milestone contained in a control mechanism or enforcement order for
starting construction, completing construction, or attaining final compliance,
f. Failure to provide, within thirty (30) days after the due date, required reports
such as baseline monitoring reports, ninety-day compliance reports, periodic
self-monitoring reports, and reports on compliance with compliance schedules,
g. Failure to accurately report noncompliance, and
h. Any other violation or group of violations that the control authority determines
with [which] adversely affect the operation or implementation of the pretreat-
ment program.
(4) Remedies nonexclusive. The remedies provided for in this Code are not exclusive. The
control authority may take any, all, or any combination of these actions against a
noncompliant user. Enforcement of pretreatment violations will generally be in
accordance with the control authority's enforcement response plan. However, the
control authority may take other action against any user when the circumstances
warrant. Further, the control authority is empowered to take more than one (1)
enforcement action against any noncompliant user.
(Ord. No. 10-012, Pt. A, 4-20-2010; Ord. No. 12-020, Pt. A, 10-23-2012)
Supp. No. 97 1126.6
WATER AND SEWER § 1-20.5-91
Sec. 1-20.5-91. Notification requirements.
(a) Accidental discharge of prohibited discharge standards. A user shall have an affirmative
defense to the imposition of penalties (but not to recovery of damages caused to the WWF) in
an enforcement action brought against it for noncompliance with the general prohibitions or
the specific prohibitions in subsection 1-20.5-82(1) of this Code if it can prove that it did not
know, or have reason to know, that its discharge, alone or in conjunction with discharges from
other sources, would cause pass through or interference and that either:
(1) A local limit exists for each pollutant discharged and the user was in compliance with
each limit directly prior to, and during, the pass through or interference; or
(2) No local limit exists, but the discharge did not change substantially in nature or
constituents from the user's prior discharge when the WWF was regularly in
compliance with its NPDES permit, and in the case of interference, was in compliance
with applicable sludge use or disposal requirements.
(b) Upset. If there occurs an unintentional and temporary noncompliance with pretreat-
ment standards because of factors beyond the reasonable control of the industrial user, and the
industrial user wishes to establish an affirmative defense to the imposition of penalties (but
not to recovery of damages caused to the WWF) of an upset, the user must demonstrate,
through properly signed, contemporaneous operating logs, or other relevant evidence, that:
(1) An upset occurred and the industrial user can identify the cause of the upset; and
(2) The industrial user's facility was, at the time of the upset, being operated in a prudent
and workmanlike manner and in compliance with applicable operation and mainte-
nance procedures; and
(3) The industrial user properly notified the control authority of the upset in accordance
with the procedures set forth in subsection (d) below.
In any enforcement proceeding, the industrial user seeking to establish the occurrence of an
upset has the burden of proof. An upset does not include noncompliance to the extent caused
by operational error, improperly designed treatment facilities, inadequate treatment facilities,
lack of preventive maintenance, or careless or improper operation. The industrial user shall
control production or all discharges to the extent necessary to maintain compliance with
pretreatment standards upon reduction, loss, or failure of its treatment facility until the
facility is restored or an alternative method of treatment is provided. This requirement applies
in the situation where, among other things, the primary source of power of the treatment
facility is reduced, lost or fails.
(c) Bypass.
(1) An industrial user may allow bypass to occur which does not cause pretreatment
standards or requirements to be violated and does not cause damage to or interference
with the WWF, but only if it is for essential maintenance to assure efficient operation.
(2) If an industrial user knows in advance of the need for a bypass, it shall submit a notice
to the control authority at least ten (10) days before the date of the bypass.
Supp. No. 97 1126.7
§ 1-20.5-91 ST. LUCIE COUNTY CODE
(3) Bypass that exceeds applicable pretreatment standards is prohibited, and the control
authority shall take enforcement action against an industrial user for a bypass, unless:
a. The bypass was unavoidable to prevent loss of life, personal injury, or sever
property damage.
b. There were no technically feasible alternatives to the bypass, such as the use of
auxiliary treatment facilities, retention of untreated wastes, or maintenance
during normal periods of equipment downtime. This condition is not satisfied if
adequate back-up equipment should have been installed in the exercise of
reasonable engineering judgment to prevent a bypass which occurred during
normal periods of equipment downtime or preventative maintenance.
c. The industrial user properly notifies the control authority of the bypass in
accordance with the procedures set forth in subsection (d) below.
(d) Notification of accidental discharge, upset or bypass.
(1) Immediate notification via telephone: In the event of an accidental discharge, slug
load, upset or bypass, (including a violation of the prohibited discharge standards in
section 1-20.5-82 of this Code) the user shall take the necessary measures to stop,
limit, or control the discharge. The discharger shall immediately notify the control
authority within twenty-four (24) hours about the incident by telephone. The notifi-
cation shall include:
a. Address of the discharge.
b. Type of discharge.
c. Concentration of pollutants in the discharge.
d. Volume of discharge.
e. Corrective measures taken.
(2) Written notification: Within five (5) days of the accidental discharge, upset or bypass,
the discharger shall submit a written report to the control authority. The report shall
include, but not be limited to, type of discharge, concentrations, volume, cause of the
event, duration of the event, corrective measures taken and measures to be employed
to prevent future incidents. In the event further information is requested, the
discharger shall provide the information within forty-eight (48) hours of the request. If
the event occurs during a holiday period or weekend, the written notification shall be
the first working day following the holiday period or weekend. Such notification shall
not relieve the user of any expense, loss, damage, or other liability which may be
incurred as a result of damage to the WWF, natural resources, or any other damage to
person or property; nor shall notification relieve the user of any fines, civil penalties,
or other liability which may be imposed by this Code or other applicable law.
(3) Notice to employees: A notice shall be permanently posted on the user's bulletin board
or other prominent place advising employees whom to call in the event of an accidental
discharge, upset or bypass. Employers shall insure that all employees who could cause
Supp. No. 97 1126.8
WATER AND SEWER § 1-20.5-92
or suffer such an accidental discharges, upset or bypasses to occur are advised of the
emergency notification procedures. Failure to notify the control authority of potential
problem discharges, upset or bypasses shall be deemed a separate violation of this
Code.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Sec. 1-20.5-92. Confidentiality.
Information and data concerning individual industrial users obtained from reports, ques-
tionnaires, permit applications, permits, monitoring programs, and inspections shall be
available to the public to the extent permitted by Florida law, upon written request without
restriction unless the industrial user specifically requests and is able to demonstrate to the
satisfaction of the control authority that such release would divulge information, processes, or
methods of production entitled to protection as trade secrets under applicable state law.
Wastewater constituents and characteristics will not be recognized as confidential informa-
tion.
(Ord. No. 10-012, Pt. A, 4-20-2010)
Supp. No. 97 1126.9
CODE COMPARATIVE TABLE
Ordinance
Number Subject Section
10-005 Amends section 1-7-22 relat- Pt. A
ing to courts
10-011 Amends section 1-9-16 relat- Pt. A
ing to definitions and adds
section 1-9-19.5 relating to
abandoned real property
10-012 Created Art. VI, Pretreat- Pt. A
ment of wastewater
10-013 Creates Art. III, Neighbor- Pt. A
hood stabilization program
sales standards and proce-
dures
10-019 Repeals section 1-2-101, Vol- Pt. A
untary separation incentive
program
10-022 Repeals sections Art. XVIII, Pt. A
Whispering Oaks Commu-
nity Development District
10-024 Adds sections 1-2-2 and 1-2-3 Pt. A
relating to the county seal
and logo
10-025 Created Ch. 1-19, Sustain- 1
ability and energy improve-
ment
10-027 Establishes an exemption Arts.I-VII
from certain ad valorem tax-
ation for Silver-Line Plastics
Corporation (editor's note)
10-028 Amends section 1-7-3 relat- Pt. A
ing to courts
10-029 Amends section 1-16.2-6 re- Pt. A
lating to surplus real prop-
erty
10-038 Amends section 1-3-1 relat- Pt. A
ing to hours of sale
11-004 Amends section 1-20-16 re- Pt. A
lating to removal of vehicles
and section 1-20-16.3 relat-
ing to fees
11-001A Created Art. IV, Florida- Pt. A
Friendly Fertilizer Use
11-006 Establishes an exemption Arts.I-VII
from certain ad valorem tax-
ationfor Tropicana Manufac-
turing Company (editor's
note)
Supp. No. 97 3752.17
Disposition
1-7-22(b), (c)
1-9-16
Added 1-9-19.5
Added 1-20.5-79-
1-20.5-92
Added 1-16.2-13-
1-16.2-19
Rpld 1-2-101
Rpld 1-6.5-185-
1-6.5-189
Added 1-2-2, 1-2-3
Added 1-19-1-1-19-18
Ch. 1-19.3, Art. V
1-7-3
1-16.2-6
1-3-1
1-20-16
1-20-16.3
Added 1-7.6-45-1-7.6-56
I
I Ch. 19.3, Art. V
ST. LUCIE COUNTY CODE
Ordinance
Number Subject Section Disposition
11-008 Amends sections 1-11-16, Pt. A 1-11-16
1-11-24, 1-18-08 and 1-18-15 Pt. B 1-11-24
relating to impact fees Pt. C 1-18-08
Pt. D 1-18-15
11-009 Extends moratorium on de-
velopmentpermits or approv-
als for pain management clin-
ics
11-010 Pawnbrokers and secondhand Pt. A Rpld 1-12-34,
dealers 1-12-35
Pt. B Added 1-15.5-1-
1-15.5-9
11-014 Disposition of surplus real Pt. A 1-16.2-1-
property 1-16.2-6
11-016 Art in public places Pt. A 1-4.5-2,
1-4.5-3
11-020 Firearms Pt. A 1-15-20
11-025 Secondary metals recyclers 2 Added 1-18-31-1-18-36
11-028 Tourist development tax Pt. A 1-19.3-30,
1-19.3-31
11-029 Hunting from country roads Pt. A 1-20-2
11-030 Solid waste exclusive com- Pt. A 1-9-53(h)
mercial franchises
Pt. B 1-9-91(b)
12-001 Parking restricted on cer- Pt. A 1-20-17
tain streets
12-Oll Abandoned property, garbage, Pt. A 1-9-16
trash, junk and debris
Pt. B Added 1-9-19.6
12-012 Economic development ad va-
lorem tax exemption-Allied
New Technologies
12-015 Refueling assistance for per- Pt. A Added 1-2-103-1-2-107
sons with disabilities
12-016 Stopping, standing and park- Pt. A 1-20-16.3
ing, fees
12-017 Code enforcement board, no- Pt. A 1-2-27.2
tice
12-018 Exemption from certain ad
valorem for Tropicana Man-
ufacturing Company
12-020 Industrial pretreatment Pt. A 1-20.5-82,
1-20.5-84,
1-20.5-85, 1-20.5-90
Supp. No. 97 3752.18
STATUTORY REFERENCE TABLE
This table shows the location within this Code, either in the text or notes
following the text, of references to the state law or related matters.
FL Constitution Section this Code
Art. V 1-7-1
Art. VII, § 6(b) 1-7.6-31
Art. VII, § 9(b) 1-13.5-4, 1-13.5-9
Art. VIII 1-6.5-51(b), 1-7.9-1(b), 1-11-11(b),
1-15-31(b), 1-16.3-11(b), 1-17-25
Art. VIII, § 1(f) 1-3-10, 1-6.5-51(c), 1-17-25
Art. X, § 4 1-6.8-26, 2-6-18
F.A.C. Section this Code
Ch. 1B-2 1-11-5
Ch. 9J-5 1-16-21
Ch. 10-9 1-7.6-34(a)(1)
Ch. lOD-4 1-7.6-34(a)(3)
Ch. lOD-6 1-7.6-34(a)(3)
lOD-6.52 1-10-21(a)
Ch. lOD-10 1-7.6-34(a)(1)
Ch. lOD-66 1-12.5-3, 1-12.5-7, 1-12.5-9
lOD-66.61 1-12.5-13
Ch. 17-3 1-7.6-34(a)(3)
Ch. 17-4 1-7.6-34(a)(3)
Ch. 17-7 1-7.6-34(a)(4), 1-10-21(a)
1-10-23(a), (d)
Ch. 17-22 1-20.5-13(b)
17-550.310 1-20.5-151
17-550.320 1-20.5-151
17-555.325 1-20.5-151
17-555.520 1-20.5-151
Ch. 40E-21 Ch. 1-20.5, Art. II, 1-20.5-36, 1-20.5-38
Ch. 91-37.004 1-10.5-37
F.S. Section Section this Code
1.01(3) 1-17-1(a)
7.59 1-19-3
28.24 1-7-5
29.008 1-16.3-12
29.008(3)(a) 1-7-3
30.49 1-16.3-12
30.51 1-2.5-14
30.555 1-18-1
34.07 1-2-27.5(e)
Ch. 2-10, Art. II(note)
39.01 1-6-16
43.28 1-16.3-ll(c)
Supp. No. 97 3827
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
1-16.3-12
Ch. 48 1-4-20(c)(4)
Ch. 50 1-2-27.2(b)(1)a.
50.041 1-2-27.2(b)
50.051 1-2-27.2(b)(2)
Ch. 73 1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
1-6.5-123
1-6.5-133
2-6-1
2-9-25
Ch. 74 1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
1-6.5-123
1-6.5-133
2-6-1
2-9-25
86-437 1-4-26
Ch. 95 1-12.5-67
100.211-100.291 2-1-2
100.342 1-19.3-75
112 2-9-34
112.061 1-6-34(d),
2-9-19,
2-15-6
112.08 2-1-31
112.215 1-14.5-21
119 2-9-34
Ch. 121 1-2-101, 1-2-102
121.021(17) 1-2-101, 1-2-102
Ch. 125 1-6.3, Art. IV
1-7-20, 1-6.5-51(b),
1-7.9-1(b), 1-11-11,
1-15-31, 1-16.3-11,
1-17-25, 1-19.3-54
1-20-16.1
125.01 Ch. 1-2.5(note)
Ch. 1-6.5, 1-6.5-21
1-19-1
125.01(e) Ch. 1-2.3
125.01(f~ 1-11-1
125.014 1-19.3-30
Ch. 1-7.6, Art. II(note)
125.01(m) Ch. 1-2.3, Art. II
1-17-26
125.01(n) 1-12.5-2
125.01(1)(c) 1-16.3-11(c)
Supp. No. 97 3828
STATUTORY REFERENCE TABLE
F.S. Section Section this Code
125.01(1)(f7 Ch. 1-11(note), 1-11-11(c), 1-15-31(c)
Ch. 1-15(note)
125.01(1)(j) Ch. 2-6(note)
125.01(1)(k) Ch. 1-7.6, Art. II(note)
Ch. 1-9(note)
Ch. 1-10, Art. II(note)
125.01(1)(m) Ch. 1-17(note)
1-20-17(note)
125.01(1)(n) Ch. 1-13.3, Art. II(note)
125.01(1)(q) Ch. 1-17(note)
125.01(1)(0), (w) 1-3-10
125.0104 1-19.3-30, 1-19.3-31,
1-19.3-32(f)
125.0104(3)(a) 1-19.3-32(c)
125.0104(3)(g) 1-19.3-32(a)
125.0104(5) 1-19.3-32(a)
125.0104(8) 1-19.3-32(d)
125.0104(10) 1-19.3-32(a)
125.031 2-1-2
125.35 2-1-3
125.35(3) 1-16.2-1
125.38 1-16.2-4
125.69 1-3-17(b), 1-5.5-59(c), 1-7.6-38, 1-9-19.5(f~(2), 1-13.8-21
125.69(a) 1-6.3-55
125.70-125.74 Ch. 2-1, Art. II(note)
125.5801 1-2-67
1-2-68
125.901 1-6-38
Ch. 129 1-13.5-4
Ch. 153, Pt. II 1-20.5-76
156.601 et seq. i-10.5-21
Ch. 159 i-16.75-6
Ch. 159, Pts. II, V 1-16.75-2
159.701 1-16.75-1
159.701-159.7095 1-16.75-4
1-16.65-5
159.703 1-16.75-3
159.705 1-16.75-6
161.053 1-7.6-53
Ch. 162 1-5-10, 1-6-46, 1-9-19.5(f)(1), (2)
Ch. 162, Pt. II 1-2-27.5
Ch. 163 1-6.5-52(d), 1-7.9-2(c)
1-17-26(c), 1-19.3-54
163.08 1-19-18
163.08(1) 1-19-17
163.08(2)b 1-19-18
163.3161 et seq. 1-16-16, 1-16-21
163.3161-163.3211 1-20.56-4(3)
163.3174 1-10.5-42
163.3164(7), (8) 1-10.5-42
163.3178 1-6
Supp. No. 97 3829
ST. LUCIE COUNTY CODE
F.S. Section
163.3201
163.3202
163.3202(3)
173.04
173.12
Ch. 177
186.901
Ch. 189
189.4041
Ch. 190
190.005
190.011
190.012(1), (3)
190.012(2)(a), (d)
190.012(1)(b)
Ch. 192
192.091(2)(b)2
Ch. 196
196.295
Ch. 197
Section this Code
1-7.9-1(b), 1-11-11, 1-15-31,
1-16.3-11, 1-16.3-12
1-6.5-51(b)
1-18-03
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)
1-7.9-1(b)
1-18-03
1-6.3-17.1
1-6.3-17.1
1-15-37.1
1-17-30.1
1-5.5-10
1-12-22
1-19-1
1-19-15
2-6-17
2-9-20
2-9-22
2-9-34
1-20.5-76
1-6.5-24
1-6.5-83
1-6.5-93
1-6.5-103
1-6.5-113
1-6.5-123
1-6.5-133
Ch. 1-6.5, Art. III, 1-6.5-21
1-6.5-162
1-6.5-173
1-6.5-183
1-6.5-188
1-6.5-162
1-6.5-173
1-6.5-183
1-6.5-188
1-6.5-162
1-6.5-173
1-6.5-183
1-6.5-188
1-6.5-153
1-19.3-54
1-13.5-10(1)(3)
1-19.3-54
1-6.5-57(b)
1-13.5-10(i)
1-19-6
1-19-9
1-19-14
Supp. No. 97 3830
STATUTORY REFERENCE TABLE
F.S. Section
197.322
197.363
197.3632
197.3632(3)
197.3632(4)(b)
197.3635
Ch. 200
Ch. 206
Ch. 212
Ch. 212, Pt. I
212.03
212.054
212.054(2)(b)
212.055(2)
212.055(2)(c)
212.12(3)
Ch. 214
218.32
218.321
218.33
218.34
218.345
218.62
220.15(5)
Ch. 252
Ch. 257
Ch. 280
280.02
Ch. 286
Ch. 287
287.055
287.055(2)(j)
287.055(10)(c)
287.087
288.106
Ch. 293
Ch. 294
Ch. 316
316.003(75)
316.006(3)
316.008
Section this Code
2-6-23
1-13.5-10(i)
1-13.5-10(i)(6)
1-9-19.6
1-13.5-6(g), 1-13.5-7,
1-13.5-10(i), 1-13.5-11
1-9-71
1-9-19.6
1-9-19.6
1-9-19.6
1-13.5-6(g), 1-13.7-7,
1-13.5-10(i), 1-13.5-11
1-20.5-78
1-19.3-41, 1-19.3-81
1-19.3-30-1-19.3-32
1-15.5-3
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
1-10.2-23
1-19.3-54
1-20.5-78
1-20.5-78
1-20.5-78
1-20.5-78
1-20.5-78
1-19.3-55, 1-19.3-73
1-19.3-55
Ch. 1-6.3, Art. IV
1-11-3, 1-11-5
1-19-6
1-19-6
1-6.8-25
2-9-34
1-2-41
1-2-48(b)
1-2-51
1-2-48(a)
1-2-45
1-2-51
1-7.55-1
1-7-3
1-7-3
1-13.8-19(1)(e), 1-7-8, 1-7-10
1-20-6
Ch. 1-20(note)
Ch. 1-20(note)
Supp. No. 97 3831
ST. LUCIE COUNTY CODE
F.S. Section Section this Code
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
316.1951 1-20-16
316.1958 1-2-103, 1-2.3-22, 11-20-26, 1-20-27
316.2123(1) 1-17-2
316.660 1-7-8, 1-7-10
318.14(9), (10) 1-7-8
318.18(1)-318.18(6) 1-7-8
318.18(11)(c) 1-7-1
318.18(13) 1-7-8, 1-7-10
318.18(21) 1-20-16
318.21 1-7-8
320.27 1-15.5-3, 1-15.5-7
320.0848 1-2.3-22
320.084 1-2-103, 1-20-26, 1-20-27
320.0842 1-2-103, 1-20-26, 1-20-27
320.0843 1-2-103, 1-20-26, 1-20-27
320.0845 1-2-103, 1-20-26, 1-20-27
320.0848 1-2-103
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. 332 1-2.3-21
332.08(2)(a) 1-2.3-21
Ch. 334-336 1-17-25
334.03(7) 1-17-34
336.02 1-17-26
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
373.62 1-20.5-40
Ch. 380 1-6.5-52(d), 1-7.9-2(c)
380.03 Ch. 1-16(note)
380.06 1-6.5-73, 1-7.9-8(a), 1-11-18(a),
1-15-38(a), 1-16.3-18(a), 1-18-10
380.06(15) 1-17-25
380.06(16) 1-6.5-52(d), 1-6.5-57(d), 1-7.9-8(c), 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)
1-18-10(c)
380.061 1-6.5-73
Ch. 381 1-7.6-34(a)(3)
381.031(1)(8)(3) Ch. 1-9(note)
Supp. No. 97 3832
CODE INDEX
Section
CONTRACTORS (Unlicensed) (Cont'd.)
Definitions ......................................................... 1-6.8-22
Enforcement procedures ......................................... 1-6.8-24
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 taxing unit ................................... 1-13.5-9
Ordinances and resolutions not affected by Code ............. 1-1-3
Purchasing, provisions re. See: PURCHASING
Solid waste collection service agreements ..................... 1-9-91 et seq.
Special improvements service district; contracts ............. 1-17-19
St. Lucie County erosion district; contract .................... 2-6-32
Sustainability and energy improvement
St. Lucie County Energy Improvement District
Written agreement .......................................... 1-19-14
Towing of illegally parked vehicles ............................. 1-20-16.1
et seq.
See: TRAFFIC
CORPORATIONS
Persons defined to include ....................................... 1-1-2
COUNTY ADMINISTRATOR
Appeals ............................................................ 1-6.5-62
Duties .............................................................. 2-1-17
Educational facilities impact fee review ....................... 1-6.5-61
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
Appeals ............................................................ 1-6.5-62
Educational facilities impact fee review ....................... 1-6.5-61
Traffic
Turning movements ........................................... 1-20-6
COUNTY LOGO
Adoption of logo .................................................. 1-2-3(a)
Approved use; unlawful practices; penalties .................. 1-2-3(c)
Description of logo ................................................ 1-2-3(b)
Supp. No. 97 3861
ST. LUCIE COUNTY CODE
Section
COUNTY SEAL
Adoption of seal ................................................... 1-2-2(a)
Approved use; unlawful practices; penalties .................. 1-2-2(c)
Description of seal ................................................ 1-2-2(b)
COUNTY TOURIST DEVELOPMENT COUNCIL. See: TOUR-
ISM
COURTS
Additional court costs
Allocation ....................................................... 1-7-3
Assessment ..................................................... 1-7-2
Law enforcement training .................................... 1-7-1
Quarterly reports required; priority; indigency ............. 1-7-4
Alcohol and other drug abuse trust fund
Authority for enactment of article ........................... 1-7-20
Creation of fund; accounting .................................. 1-7-22
Definitions ...................................................... 1-7-21
Expenditures ................................................... 1-7-23
Assessment of court costs to be used for the operation and
administration of teen court programs .................... 1-7-10
Civil traffic infraction fund ...................................... 1-7-7
Disposition of
Accounting by clerk of the court ............................. 1-7-9
Law library funds .............................................. 1-7-5
Legal aid fund .................................................. 1-7-6
State court facilities funds from the surcharge ............. 1-7-9
Surcharge for state court facilities, imposition of .......... 1-7-8
Driver education safety trust fund
Authority for enactment of article ........................... 1-7-30
Creation of fund; accounting .................................. 1-7-32
Definitions ...................................................... 1-7-31
Expenditures ................................................... 1-7-33
CRIME
Authority to offer rewards for ................................... 1-2-1
Persons violating laws or ordinances
D
DAMAGING, DEFACING PROPERTY
Graffiti ............................................................. 1-2-69 et seq.
See: GRAFFITI
Properties, facilities owned, leased by county
Damaging, etc., prohibited .................................... 1-15-18
St. Lucie County Mosquito Control District
Damaging property of district ................................ 2-9-33
Vandalism. See that title
Water and sewers
Industrial pretreatment
Protection from damage .................................... 1-20.5-86
Supp. No. 97 3862
CODE INDEX
DEBRIS. See: GARBAGE, TRASH AND REFUSE
Section
DEPARTMENTS 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
Supp. No. 97 3862.1
CODE INDEX
Section
IMPACT FEES (Cont'd.)
Roads impact fees ................................................ 1-17-25 et seq.
See: ROADS AND BRIDGES
IMPOUNDMENT
Dogs; impoundment authorized ................................. 2-3-18
Humane society, agreements authorized .................... 2-3-19
Towing of illegally parked vehicles ............................. 1-20-16.1
et seq.
See: TRAFFIC
IMPROVEMENTS. See: PUBLIC IMPROVEMENTS
INCINERATOR UNITS
Regulation ......................................................... 2-8-3
INDECENCY AND OBSCENITY
Obscene materials; sale .......................................... 1-14-2
Specified sexual activities in commercial establishments.... 1-3-10 et seq.
See: ALCOHOLIC BEVERAGES
INDIAN RIVER
Nets, length restricted
Marking ......................................................... 1-8-1
INDIGENT PERSONS
Welfare; authority to provide care for indigent persons...... 2-18-1
INDUSTRY
Economic development ad valorem tax exemptions
Eligible business or industry ................................. 1-19.3-59
Traffic; parking, stopping and standing
Heavy vehicles or equipment in residential areas
Industrial equipment prohibited or restricted ........... 2-20-29
Water and sewers
Industrial pretreatment
Industrial wastewater discharge permit .................. 1-20.5-84
INSURANCE
Adjusters; occupational license taxes and regulations ....... 1-12-32
Building and equipment moving
Insurance required ............................................ 1-17-43
Licensing and examination of construction contractors, re-
quirements re certificate of competency .................. 2-5-10
Mosquito control district
Group insurance for employees ............................... 2-9-3
Motor carriers ..................................................... 1-13.3-21
Officers and employees
Insurance for ................................................... 2-1-31
Sheriff, motor vehicle liability insurance
Required to maintain .......................................... 1-18-1
Supp. No. 97 3875
ST. LUCIE COUNTY CODE
Section
INVALID PERSONS
Nonemergency medical transportation services ............... 1-10-21 et seq.
See: NONEMERGENCY MEDICAL TRANSPORTATION
SERVICES
IRRIGATION
Water shortage plan
Lawn and ornamental sprinkling
Irrigation hours .............................................. 1-20.5-39
J
JUNK DEALERS
Traveling junk dealers; occupational license taxes and regu-
lations ........................................................ 1-12-41
JUNK. See: GARBAGE, TRASH AND REFUSE
JUVENILES. See: MINORS
L
LAKE LUCIE COMMUNITY DEVELOPMENT DISTRICT
Provisions enumerated ...........................................1-6.5-31 et seq.
See: COMMUNITY DEVELOPMENT
LAKES
Environmental control
Florida-friendly fertilizer use
Fertilizer-free zones ......................................... 1-7.6-48
Motorized vessels on lakes and ponds in unincorporated
areas .......................................................... 1-14-3
See: BOATS AND WATERWAYS
Unlawful deposits ................................................ 2-17-1
LAW ENFORCEMENT IMPACT FEE
Appeals ............................................................ 1-18-18
Computation of amount .......................................... 1-18-08
Credits ............................................................. 1-18-10
Definitions ......................................................... 1-18-06
District created ................................................... 1-18-13
Exemptions ........................................................ 1-18-17
Imposition ......................................................... 1-18-07
Independent property appraisal ................................ 1-18-11
Intents, purposes ................................................. 1-18-04
Payment of fee .................................................... 1-18-09
Property review appraisal ....................................... 1-18-12
Refund of fees paid ............................................... 1-18-16
Review, automatic adjustment of fees .......................... 1-18-19
Short title, authority, applicability ............................. 1-18-03
Trust fund established ........................................... 1-18-14
Use of funds ....................................................... 1-18-15
Supp. No. s7 3876
CODE INDEX
Section
LAWN AND ORNAMENTAL SPRINKLING
Water shortage plan
Irrigation hours ................................................ 1-20.5-39
Rain sensor device ............................................. 1-20.5-40
LIBRARY
Advisory board, library, creation of ............................. 1-11-4
Creation of county library system .............................. 1-11-2
Director, county library .......................................... 1-11-3
Impact fee, libraries
Appeals .......................................................... 1-11-2 7
Computations ................................................... 1-11-16
Credits .......................................................... 1-11-18
Definitions ...................................................... 1-11-14
Districts created ............................................... 1-11-22
Exemptions ..................................................... 1-11-26
Imposition ...................................................... 1-11-15
Independent property appraisal .............................. 1-11-20
Intents; purposes ............................................... 1-11-12
Payment ........................................................ 1-11-17
Property review appraisal .................................... 1-11-21
Refund of fees paid ............................................ 1-11-25
Review, automatic adjustment of fees ....................... 1-11-28
Rules of construction .......................................... 1-11-13
Short title, authority, applicability ........................... 1-11-11
Trust funds established ....................................... 1-11-23
Use of funds .................................................... 1-11-24
Law library
Appropriation of funds ........................................ 2-10-18
Board of trustees ............................................... 2-10-16
Court costs for support of library, levy ...................... 2-10-17
Disposition of donations ....................................... 2-10-20
Law library fund ............................................... 2-10-19
Law library funds, disposition of ............................. 1-7-5
Legislative intent, declaration of ............................... 1-11-1
Public library service, authority to provide .................... 2-10-1
Qualifications, regulations, contributions ...................... 1-11-5
LICENSES AND PERMITS (Miscellaneous provisions)
Alarm permits .................................................... 1-2.5-8 et seq.
See: ALARM SYSTEMS
Animal shows, travelling ........................................ 1-4-28
Building and equipment moving ................................ 1-17-40 et seq.
See: ROADS AND BRIDGES
Building permits. See: ZONING (Appendix A)
Buildings; licensing and examination of construction contrac-
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.
Supp. No. s7 3876.1
ST. LUCIE COUNTY CODE
Section
LICENSES AND PERMITS (Miscellaneous provisions) (Cont'd.)
County property and facilities, generally
Use permit ...................................................... 1-25-27
Development permits ............................................ 1-8.5-8
Driveway permits ................................................ 1-5-82 et seq.
See: BUILDINGS (Generally)
Environmental control
Florida-friendly fertilizer use
Licensing of commercial applicators ....................... 1-7.6-55
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
Noise control; special permit .................................... 1-13.8-20
Ordinances and resolutions not affected by Code ............. 1-1-3
Water and sewers
Industrial pretreatment
Industrial wastewater discharge permit .................. 1-20.5-84
Permit fees and penalties .................................. 1-20.5-89
LICENSES AND PERMITS (Business taxes and regulations)
Advertising space renters ....................................... 1-12-27
Amusement devices .............................................. 1-12-28
Apartments ....................................................... 1-12-29
Application ........................................................ 1-12-19
Supp. No. 97 3876.2
CODE INDEX
Section
OCCUPATIONS
Business taxes and regulations enumerated .................. 1-12-16 et seq.
See: LICENSES AND PERMITS (Business taxes and
regulations)
Businesses. See also that subject
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.
Criminal history record checks
Certain employees, appointees ............................... 1-2-67
Deferred compensation program
Administration ................................................. 1-14.5-22
Adoption ........................................................ 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 .................... 1-2-16.2
Insurance for officers, employees and families ................ 2-1-31
Judgments resulting from acts within scope of employment
or function
Payment o£ ..................................................... 1-2-17
Library director, county .......................................... 1-11-3
Longevity and special recognition awards ..................... 1-2-16.1
Officers, defined ................................................... 1-1-2
Separation pay in lieu of reduction in force program ........ 1-2-102
Sick leave
Terminal incentive pay upon accumulation ................. 1-2-16
Sustainability and energy improvement
St. Lucie County Energy Improvement District
Authorization of county officers and employees.......... 1-19-16
Terminal incentive pay for accumulated and unused sick
leave .......................................................... 1-2-16
Supp. No. 97 3883
ST. LUCIE COUNTY CODE
Section
OFFICERS AND EMPLOYEES (Cont'd.)
Water and sewers
Industrial pretreatment
Powers and authority of inspectors ........................ 1-20.5-87
OPEN CONTAINERS
Alcoholic beverages, regulations re ............................. 1-3-5 et seq.
See: ALCOHOLIC BEVERAGES
OPEN SPACES. See: YARDS AND OPEN SPACES
ORDINANCES. See: CODE OF ORDINANCES
OWNER
Defined ............................................................ 1-1-2
P
PAINT STICKS, CONTAINERS, ETC.
Graffiti ............................................................. 1-2-69 et seq.
See: GRAFFITI
PARENTAL NEGLECT
Generally .......................................................... 1-6-16 et seq.
See: MINORS
PARKING
Parking, stopping and standing. See: TRAFFIC
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
Taxation ...................................................... 2-12-25
Supp. No. 97 3884
CODE INDEX
Section
VANDALISM (Cont'dJ
Damaging, defacing property. See that subject
Graffiti ............................................................. 1-2-69 et seq.
See: GRAFFITI
VEGETATION
Environmental control
Florida-friendly fertilizer use
Management of grass clippings and vegetative matter . 1-7.6-52
Garbage, trash and refuse
Abandoned property, garbage, trash, junk and debris
Lot clean-up .................................................. 1-9-19.6
St. Lucie River (North Fork), banks of
Certain types of vegetation, destruction of .................. 1-7.5-21 et seq.
See: DRAINAGE AND EROSION CONTROL
Water shortage plan .............................................. 1-20.5-35
et seq.
See: WATER AND SEWERS
VEHICLES. See: MOTOR VEHICLES
VENDING MACHINES
Occupational license tax and regulations ...................... 1-12-39
W
WATER
Abandoned property, garbage, trash, junk and debris ....... 1-9-18
Additional provisions. See: GARBAGE, TRASH AND RE-
FUSE
Boating regulations. See: BOATS AND WATERWAYS
Canals, unlawful deposits in .................................... 2-17-1
Environmental control
Florida-friendly fertilizer use
Fertilizer-free zones ......................................... 1-7.6-48
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
Hutchinson Island
On-site sewage disposal systems on Hutchinson Island... l-7.6-40 et seq.
See: ENVIRONMENTAL CONTROL
Industrial pretreatment
Applicability .................................................... 1-20.5-81
Supp. No. 97 3895
ST. LUCIE COUNTY CODE
Section
WATER AND SEWERS (Cont'd.)
Civil and criminal remedies .................................. 1-20.5-90
Confidentiality ................................................. 1-20.5-92
Definitions ...................................................... 1-20.5-80
Enforcement actions ........................................... 1-20.5-88
Industrial wastewater discharge permit .................... 1-20.5-84
Notification requirements ..................................... 1-20.5-91
Permit fees and penalties ..................................... 1-20.5-89
Powers and authority of inspectors .......................... 1-20.5-87
Pretreatment ................................................... 1-20.5-83
Prohibited discharge standards .............................. 1-20.5-82
Protection from damage ....................................... 1-20.5-86
Purpose and policy ............................................. 1-20.5-79
Reporting requirements ....................................... 1-20.5-85
Marine sanitation; unlawful discharges ....................... 1-7.6-32
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 ...................................................... 1-10-31
Obtaining approval, method of ............................... 1-10-33
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
St. Lucie County district
Budgeting and financial reporting requirements........... 1-20.5-78
Creation; purpose; boundaries ................................ 1-20.5-76
Special district charter
Adoption of ................................................... 1-20.5-77
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
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CODE INDEX
Section
WATER AND SEWERS (Cont'd.)
Unauthorized connections
Sewer ......................................................... 1-20.5-53
Water ......................................................... 1-20.5-54
Water shortage plan
Amendments to plan .......................................... 1-20.5-38
Application of article provisions .............................. 1-20.5-37
Declaration of water shortage ................................ 1-20.5-41
Definitions ...................................................... 1-20.5-36
Enforcement .................................................... 1-20.5-42
Intent and purpose ............................................ 1-20.5-35
Lawn and ornamental sprinkling
Irrigation hours .............................................. 1-20.5-39
Rain sensor device ........................................... 1-20.5-40
Penalties ........................................................ 1-20.5-43
Water shortage emergency .................................... 1-20.5-41
Water users to accept provisions ............................. 1-20.5-44
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
Environmental control
Florida-friendly fertilizer use
Fertilizer-free zones ......................................... 1-7.6-48
Low maintenance zones .................................... 1-7.6-49
Ordinances and resolutions not affected by Code ............. 1-1-3
Zoning and building regulations ................................ 2-14-33 et seq.
See: PLANNING
Supp. No. 97 3897