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HomeMy WebLinkAbout06-051 EDWIN M. FRY, Jr" CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FilE # 2984856 01102/2007 at 03:07 PM OR BOOK 2731 PAGE 1029 - 1031 Doc Type: ORDN RECORDING: $27.00 ORDINANCE NO. 06-051 AN ORDINANCE AMENDING ARTICLE I, CHAPTER 1-17, ROADS AND BRIDGES, ST. LUCIE COUNTY CODE AND COMPILED LAWS, BY CREATING SECTION 1-17-2, ALL TERRAIN VEHICLE OPERATION ON UNPAVED ROADWAYS; 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. The Legislature recently enacted Section 316,2123, Florida Statutes, effective October 1, 2006, which allows all-terrain vehicles (ATV's) to be operated during the daytime by a licensed driver or a minor under the supervision of a licensed driver on unpaved roadways where the posted speed limit is less than 35 miles per hour. A TV's are currently defined in statute as any motorized off-highway vehicle 50 inches or less in width, having a dry weight of 900 pounds or less, designed to travel on three or more low-pressure tires, having a seat designed to be straddled by the operator with no passenger. The definition of A TV also includes any two-rider A TV; and 2, To permit the use of A TV's on the County's unpaved roads would be unsafe, and would lead to accidents, rollovers, serious injury, and death. Also, there are serious risks associated with allowing children to operate an adult-sized ATV on a public road, as every year there are many people, including children, who are severely injured due to ATV accidents. Such accidents have included brain damage and paralysis. 3. The newly created Section 316.2123 contains a provision which allows the County to be exempt from such section if "the governing body of the county, by a majority vote, following a noticed public hearing, votes to exempt the county from such section," 4. The Sheriff has recommended that the Board vote to exempt St, Lucie County from this statute for the safety of the County's citizens. St""tlt tkre"gk passages ore deleted, -1- Underlined passages are added, 5. Section 316,2123 would endanger the health, safety, and welfare of its residents and visitors and the County desires to be exempt from Section 316,2123, thereby prohibiting the operation of A TV's on county paved or unpaved roadways. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St, Lucie County, Florida: PART A. AMENDMENT OF CHAPTER 1-17 (ROADS AND BRIDGES), ST. LUCIE COUNTY CODE AND COMPILED LAWS, TO CREATE SECTION 1-17-2 (ALL TERRAIN VEHICLE OPERATION ON UNPAVED ROADWAYS). Article I (In General) of Chapter 1-17 (Roads and Bridges) of the St, Lucie County Code of Ordinances and Compiled Laws is hereby amended to create Section 1-17-2 (All terrain vehicle operation on unpaved roadways) to read as follows: Section 1-17-2. All Terrain Vehicle Operation on Unpaved Roadways. The provisions of Section 316.2123(1), Florida Statutes, conditionally allowing all terrain vehicle operation on unpaved roadways. shall not be applicable in St, Lucie County, 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 circumstance. 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. Str.elt th, o.gk passages are deleted, -2- Underlined passages are added, PART E. EFFECTIVE DATE. This Ordinance shall take effect upon receipt of official acknowledgment from the Office of the Secretary of State that this ordinance has been filed in that office, 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 AYE 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 th~g~gh f shall not be codified, BY '" Deputy Clerk BY: St._,,, tl,ro_gh passages are deleted, -3- Underlined passoges are added,