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HomeMy WebLinkAbout06-001 oi , Co PIeS lõ ~ p u1/¡,c.-~~ ~Q{-ÌÇÇ\~ FI~ M......~ R \= ORDINANCE NO. 06-001 AN ORDINANCE DELETING SECTION 1-20-61 OF ARTICLE III "BICYCLE SAFETY"OF CHAPTER 1-20 OF THE CODE OF ORDINANCES WHICH HAD EXEMPTED ST. LUCIE COUNTY FROM THE PROVISIONS OF SECTION 316.2063(3)(D) AND (16), FLORIDA STATUTES WHICH REQUIRES THAT A BICYCLE RIDE OR PASSENGER WHO IS UNDER SIXTEEN (16) YEARS OF AGE MUST WEAR A BICYCLE HELMET THAT MEETS THE STANDARDS OF THE AMERICAN NATIONAL STANDARDS INSTITUTE (ANSI Z 90.4 BICYCLE HELMET STANDARDS), THE STANDARDS OF THE SNELL MEMORIAL FOUNDATION (1984 STANDARD FOR PROTECTIVE HEADGEAR FOR USE IN BICYCLING) OR ANY OTHER NATIONALLY RECOGNIZED STANDARDS FOR BICYCLE HELMETS; PROVIDING FOR SEVERABILITY; PROVIDING FOR TRANSMITTAL TO LAW ENFORCEMENT AGENCIES WITHIN THE COUNTY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Florida Legislature adopted Chapter 96-185, Laws of Florida, which required, effective January 1, 1997, that any bicycle rider or passenger who is under sixteen (16) years of age must wear a bicycle helmet; and, WHEREAS, Section 3 of Chapter 96-185 provided that a county could exempt itself from the provisions of Section 316.2065(3)( d) and (16), Florida Statutes if the Board of County Commissioners: (1) Passed an ordinance to that effect before January 1, 1998; and, (2) Provided notice, held a hearing, and took testimony before passing the ordinance; and, WHEREAS, on December 17,1996, the Board of County Commissioners passed Ordinance No. 96-29 creating Section 1-20-61 of Article III "Bicycle Safety" of Chapter 1-20 of the Code of Ordinances, which exempted S1. Lucie County from the provisions of Section 316.2065(3)( d); and, WHEREAS, the Board has determined that the deletion of Section 1-20-61 of Article III and the revoking ofS1. Lucie County's exemption from the provisions of Section 316.2065(3)(d) and (16), Florida Statutes is in the best interest of the health, safety and welfare of the citizens ofS1. Lucie County. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: PART A. Section 1-20-61 of Article III "Bicycle Safety" of Chapter 1-20 of the Code of EDWIN M. FRY, Jr., CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE # 279071002/02/2006 at 10:30 AM OR BOOK 2476 PAGE 2205 - 2207 Doc Type' ORDN RECORDING: $27.00 . ;. Ordinances is hereby deleted in its entirety thereby revoking S1. Lucie County's exemption from the provisions of Section 316.2065(3)(d) and (16), Florida Statutes. PART B. SEVERABILITY Provisions of this Ordinance are severable; and if any section, subsection, sentence or clause or provision is held invalid by any court of competent jurisdiction, the remaining provisions of this ordinance shall not be affected thereby. PART C. TRANSMITTAL TO LAW ENFORCEMENT AGENCIES The County Administrator is hereby requested to transmit a copy of this ordinance to the various law enforcement agencies within S1. Lucie County. PART D. EFFECTIVE DATE This Ordinance shall take effect on April 1, 2006. PART E. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send a certified copy of this Ordinance to the Bureau of Administrative Code and Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART F. ADOPTION After motion and second, the vote on this ordinance was as follows: Chairman Doug Coward Aye Vice Chairman Chris Craft Nay Commissioner Joseph E. Smith Aye Commissioner Paula A. Lewis Aye Commissioner Frannie Hutchinson Nay PART G. CODIFICATION. Provisions of this ordinance shall be incorporated in the County Code 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 to F shall not be codified. PASSED AND DULY ADOPTED this /1 day of JllilU¿~, 2006. l:i~J-~·· BOARD OF COUNTY COMM:J§ŠIO~JtRS' ST. LUCIE CO TY, FLO~A ~} . ,., \.:1 :'7' I(,~ BY: BY: