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Home My WebLink About07-009 " \'P -( 10 . §m/ß I ,i I~J c'. ,VI e. "1 ':>t', If . " vt+- 'it,tC( ORDINANCE NO. 07-009 l- II: :;¡ o u z 5 ~ u 0 D::: Qi ¡:; ~ w ~ 1= H ... :¡¡... o ó;¡¡j '" ON a:: (;, ~>r:;U; Ol-~~ ~2 --- UJ ":::t~(90 ""O(i)<:(Ll:'! >-UOa.:q D:::W~<DM- u.-::gCO .. .O.....~C) :E38~~ z MOœ ~!¡;..2o Qê(~a::&1 W(I)ü:Oa:: AN ORDINANCE AMENDING CHAPTER 1-20, TRAFFIC, ST. LUCIE COUNTY CODE AND COMPILED LAWS, BY CREATING ARTICLE IV, OFF-ROAD VEHICLES; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR EFFECTIVE DATE; PROVIDING FOR ADOPTION; AND PROVIDING FOR CODIFICATION WHEREAS, the Board of County Commissioners, St. Lucie County, Florida, has made the following determinations: 1. Driving, riding, and use of motorcycles, motor bikes, minibikes, dirt bikes, trail bikes, dune buggies, motor scooters, jeeps, or other forms of off-highway motor vehicles on public and private property within the unincorporated county is and can be the cause of noise and dust and of the destruction of plants, other ecological damage, and damage to landscaping and other personal and real property, which conduct adversely affects the comfort and privacy of the occupants and residents of the county; and, 2. Because the conduct may be intermittent, fleeting, moving or caused by persons who are minors, the noise and public nuisance provisions of this code, as well as other legal remedies, are inadequate to control the conduct and its adverse effects; and, 3. Based on the recommendation of the St. Lucie County Sheriff, it is necessary to for the public welfare to regulate the use of motorcycles, motor bikes, minibikes, dirt bikes, trail bikes, dune buggies, motor scooters, jeeps, or other forms of off-highway motor vehicles on public and private property; and, 4. The purpose of this Ordinance is to exercise the general police power in order to protect the enjoyment and use of public and private property, to protect the rights of privacy, to preserve property and personal values, and to promote peace and quiet within the city by regulating the use of motorcycles, motor bikes, minibikes, dirt bikes, trail bikes, dune buggies, motor scooters, jeeps, or other forms of off-highway motor vehicles on public and private property. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Stl "<It tl., ð"9h passoges ore deleted. -1- Underlined possoges are odded. St. Lucie County. Florida: PART A. AMENDMENT OF CHAPTER 1-20 (TRAFFIC) OF THE CODE OF ORDINANCES AND COMPILED LAWS OF ST. LUCIE COUNTY, TO CREATE ARTICLE IV, (OFF-ROAD VEHICLES). Chapter 1-20 (Traffic) of the St. Lucie County Code of Ordinances and Compiled Laws is hereby amended to create Article IV (Off-Road Vehicles) to read as follows: ARTICLE IV. OFF-ROAD VEHICLES Section 1- 20- 62. Operation Regulated. (a) No person shall operate upon the private propertv of another or upon any public property which is not held open to the public for any vehicular use and which is not subject to the provision of the State Uniform Traffic Control Law. a motor vehicle. including a motorcycle. motor bike. minibikes. dirt bikes. trail bikes. dune buggies. motor scooters. jeeps. or other form of off-highway motor vehicle. (b) The provisions of this section shall not prohibit the operation of off-highway motor vehicles upon the property of another when the motor vehicles are: (1) Authorized emergency vehicles: (2) Used for ingress to and egress from. and parking upon. parking lots or structures open to the public or private parking lots: (3) Motor vehicles operated upon property used for a motor vehicle riding area which has received approval from the County and is being operated as a business: (4) The property of any governmental agency. including any motor vehicle riding facility operated by the County: (5) Upon the property of another when the operator has the written consent of the owner or person in lawful possession of the property: (6) Used by the owner of the land. the owner's family. employees agents. or lessees: (7) Upon private property for ingress and egress only. Section 1-20-63. Prima Facie Violation. The operation of any motorcycle. motor bike minibikes. dirt bikes. trail bikes. dune buggies. motor scooters jeeps or other form of off-highway motor vehicle upon any vacant or unimproved lands within the unincDt'porated county shall constitute a prima facie violation Stl "el< thro"9h passoges are deleted. -2- Underlined passoges are odded. of this Article. unless operator is able to exhibit signed written permission by the owner of the land for such use. Section 1-20-64. Liability of Parents of Children Under Eighteen Each parent of guardian of any child under the age of eighteen (18) years may be charged under this Article with having permitted a violation of this Article. Subsequent to receipt of a written warning from the Sheriff. each parent or guardian so warned shall be assumed knowingly to have permitted any subsequent violation and shall be subiect. upon conviction to penalties identical to those provided for the violator for having permitted a violation of this Article. Section 1-20-65. Penalty (a) A person violating the provisions of Section 1-20-62 through 1-20-64 shall. upon conviction. be punished by a fine not to exceed the sum of one hundred dollars ($100.00). PART B. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1,1969, St. Lucie County ordinances and St. Lucie County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property, or circumstance, such holding shall not affect its applicability to any person, property, or ci rcumstance. PART D. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE. 5t,"ol, till oug" passoges are deleted. -3- Underlined passoges are added. This ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION. After motion and second, the vote on this ordinance was as follows: Chairman Chris Craft Vice Chairman Joseph E. Smith Commissioner Paula A. Lewis Commissioner Charles Grande Commissioner Doug Coward Aye Absent Aye Aye Aye PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the Code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that Parts B through F shall not be codified. ATTEST: PASSED AND DULY ~9~~~ 6th day of March, 2007. I: /---..,.~ t// ~ >,^\\ BOARD OF COUNTY COMMISSI9NERS 4(M" / ! ::;~~~A,i Chai /(",., fr f"'" >-' ,/J'"::,c APPROVED AS Tq,f'bR,M..ANþ·- " .' I ' C~ECTNEQ:;: a. /j /" ?'/f!)( ff' ,. L BY: / /~}V:':7~~~(/~ //;,¡r CountyjAttorney /¡? ';' ' "'.1' . St,.d, tJ" ..9~ passages ore deleted. -4- Underlined passages are added.