HomeMy WebLinkAbout05-001
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
C/<;t\v f1>'. PWD
'T, 01'Y10
rtd (t)
~1i, .
iili.
ORDINANCE NO. 05-001
AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE BY AMENDING SECTION 2.00.00 "DEFINITION" TO INCLUDE
NEWSRACKS AND RELATED DEFINITIONS; BY CREATING SECTION 7.10.24
TO BE ENTITLED "NEWSRACKS ON PUBLIC RIGHTS-OF-WAY"; TO
REGULATE THE PLACEMENT OF NEWSRACKS ON PUBLIC RIGHTS-OF-WAY
IN THE UNINCORPORATED AREAS OF THE COUNTY; PROVIDING FOR
CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY;
PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE, PROVIDING
FOR ADOPTION AND CODIFICATION AND AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made
the following determinations:
1. Section 125.01, Florida Statutes authorizes the Board to provide and maintain
county buildings, parks, preserves, playgrounds, recreation areas, rights-of-way, and other public
properties and facilities.
2. Section 125.01(1)(t) authorizes the Board to adopt ordinances necessary for the
exercise of its powers.
3. The enjoyment, conservation, and protection of the properties and facilities owned
or leased by St. Lucie County require the adoption of regulations to govern the use of such areas
in accordance with the purposes for which those areas were intended.
4. Regulation of newsracks on public rights-of-way is necessary to provide for
pedestrian and driving safety.
5. Regulation of newsracks on public rights-of-way is necessary to provide for public
and property safety during emergency conditions.
6. The uncontrolled placement of newsracks has resulted in unsightly accumulations
of newsracks that significantly detract from the aesthetic quality of the County.
7. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
Florida, adopted the St. Lucie County Land Development Code.
8. The Board of County Commissioners has adopted certain amendments to the St.
Lucie County Land Development Code, through the fOllowing Ordinances
91-03 -
91-21 -
93-01 -
93-05 -
93-07 -
March 14, 1991
November 7, 1991
February 16, 1993
May 25, 1993
May 25, 1993
91-09 -
92-17 -
93-03 -
93-06 -
94-07 -
May 14, 1991
June 2, 1992
February 16, 1993
May 25, 1993
June 22, 1994
£tp\:Ielt tl.Fðl:l§k passages are deleted. Underlined passages are added.
Page 1 of 13
EDWIN M. FRY. Jr.. CLERK OF THE CIRCUIT COURT
SAINT LUCIE COUNTY
FILE # 2584795 03/23/2005 at 03:07 PM
OR BOOK 2194 PAGE 283 - 295 Doc Type: ORDN
RECORDING: $112.00
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
94-18 -
95-01
97-01 -
97-23 -
99-02 -
99-04 -
99-15 -
99-17 -
00-10 -
00-12
01-03
02-009 -
02-029 -
04-002-
August 16, 1994
January 10, 1995
March 4, 1997
September 2, 1997
April 6, 1999
August 17,1999
July 20, 1999
September 7, 1999
June 13, 2000
June 13, 2000
December 18, 2001
March 5, 2002
October 15, 2002
January 20, 2004
94-21 -
96-10
97-09 -
99-01 -
99-03
99-05 -
99-16 -
99-18
00-11 -
00-13 -
02-005 -
02-020 -
03-005 -
04-007-
August 16, 1994
August 6, 1996
October 7, 1997
February 2, 1999
August 17,1999
July 20, 1999
July 20, 1999
November 2, 1999
June 13, 2000
June 13. 2000
June 24, 2002
October 15, 2002
October 7, 2003
April 20, 2004
9. On January 21, 2005, the Local Planning Agency/ Planning and Zoning Commission
held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie News
and the Tribune at least 10 days prior to the hearing and recommended that the proposed
ordinance be approved.
10. On February 1, 2005, this Board held its first public hearing on the proposed
ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the Tribune on
January 22, 2005.
11. On February 15, 2005, the second public hearing was continued to March 15, 2005
in order to give Scripps Howard Newspapers additional time to provide comments. On March 15,
2005, this Board held its second public hearing on the proposed ordinance, after publishing a notice
of the February 15, 2005 hearing in the Tribune on February 4, 2005.
12. The proposed amendments to the St. Lucie County Land Development Code are
consistent with the general purpose, goals, objectives and standards of the St. Lucie County
Comprehensive Plan and are in the best interest of the health safety and public welfare of the
citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St.
Lucie County, Florida:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE TO READ AS FOLLOWS, INCLUDE:
5t~I:Hdt tl.f'8l:1gh passages are deleted. Underlined passages are added.
Page 2 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
****************************
CHAPTER 1\
DEFINITIONS
Bikeoath: That Dortion of riahts-of-way improved. desianed. or ordinarily used for bicycle traffic.
Distributor: The person responsible for placina and maintainina a newsrack. the owner of the
newsrack. or the Dublisher of the newspaper. Deriodical. adyertisina circulars or any other Drinted
matter vended therein.
Newsrack: Any self-service or coin oDerated box. container. storaae unit. disDenser or other
unmanned device installed. used. or maintained for the displav. sale or distribution of newspapers
or other periodicals or adyertisina circulars or any other printed matter.
Rights-oF-Way: Land dedicated or deeded to public use or otherwise owned bva Dublic aaency on
which facilities such as roads, roadways. swales. bikeDaths. sidewalks, railroads, canals, utilities and
for public street Durposes and includes all dedicated riahts-of-wav for anv such facility and otncr
3imilar use3 exist or ma} bc Cðn3trueted.
Sidewalk: shall mean any surface within riahts-of-wav provided for the exclusive or Drimarv use of
pedestrians.
£tl"l:Ieh tI.Pl!l:1~R passages are deleted. Underlined passages are added.
Page 3 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
****************************
CHAPTER VII
DEVELOPMENT DESIGN AND
IMPROVEMENT STANDARDS
7.10.00
SUPPLEMENTAL STANDARDS
7.10.26
NEWSRACKS ON PUBLIC RIGHTS-OF-WAY
A. PURPOSE AND CRITERIA
The purpose of the fOllowina standards is to promote the Dublic health. safety and welfare
throuah the reaulation of placement. type. aDPearance and servicina of newsracks on public riahts-
of-way so as to:
ill Provide for pedestrian and drivina safety and convenience.
m Restrict unreasonable interference with the flow of Dedestrian or vehicular traffic
includina inaress into or earess from any residence or place of business. or from the street to the
sidewalk bv persons exitina or enterina Darked or standina vehicles.
.Ql Provide for public and DroDertv safety durina hurricane and emeraencv conditions.
!Ð Provide reasonable access forthe use and maintenance of Doles. posts. traffic sians.
or traffic sianals or any other traffic control device. hydrants. mailboxes and access to locations used
for public transportation purposes.
@ Relocate and/or reDlace newsracks which result in a visual bliaht and/or excessive
SDace allocation on the public riahts-of-wav or which unreasonablv detract from the aesthetics of
landscaDina and other imDrovements. as well as to have abandoned newsracks removed.
ill} Maintain and protect the values of surroundina properties.
ill Reduce unnecessarv eXDosure of the Dublic to personal iniurv or DroDertv damaae.
@ Treat all newspaDers eauallv reaardless of their size. content. circulation. or
freauencv of Dublication.
m To desianate all Drivate suppliers of modular newsracks which complv with the
Drovisions of this section as aualified Drivate sUDDliers of modular newsracks pursuant to Section
337.408(3) Florida Statutes (2004).
$tptldl fl.1 .:I1::I~h passages are deleted. Underlined passages are added.
Page 4 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
B. Certificate of Compliance Reauired.
No Derson shall Dlace. affix. erect. construct or maintain a newsrack on Dublic riahts-of-wav
without first becomina a aualified sUDDlier of modular newsracks or newsracks by obtainina a one-
time on Iv certificate of comDliance for each newsrack or modular newsrack in accordance with the
Drovisions of this section.
C. Application and issuance of certificate of compliance
ill Issuina authoritv. The issuina authoritv and coordinator shall be the Dublic works
director or his desianee. The Dublic works director or his desianee is resDonsible for fairly
coordinatina and administerina the Dhysical Dlacement of newsracks of the tyDe and location herein
sDecified. and UDon comDliance herewith is resDonsible for issuina the certificates of comDliance.
ill
desianee.
Approvina authoritv. The aDDroyina authoritv shall be the Dublic works director or his
.Q} Applications. The applicant shall file with the public works director a written
application for an installation certificate of compliance which shall contain the followinQ
information:
@} The name. address and teleDhone number of the aDPlicant who is the owner
andlor DrinciDal in charae of the newsrack.
íQ) The name. address and teleDhone number of a resDonsible Derson whom the
countv mav notify or contact at anv time concernina the aDDlicant's news rack.
(c} The number of newsracks and the DroDosed location of each shown on a
drawina Drovided by Dublic works as in subsection (4\ below.
@ Size. tyDe or brand of newsracks. inciudina an illustration and descriDtion of
the newsrack and mount.
íÐ Procedure. The Dublic works deDartment shall:
@) Have a maD which is to a larae enouah scale to show aeneral countvwide
locations of newsracks bv each Dublisher or distributor.
íQ) Reauest a list of DroDosed newsrack locations. marked on the above maD.
from each distributor.
{ç1 Have a scale drawina or aerial DhotoaraDh of each news rack location showina
the Dosition and name of each news rack at that location.
@
each distributor.
Obtain confirmation aDDroyals ofthe above aDDroved news rack drawinas from
Stltleh tkrðl:l~h passages are deleted. Underlined passages are added.
Page 5 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
@ Issuance of certificate of compliance. UDon a findinG by the Dublic works director.
or his desiGnee. that the aDPlicant is in comDliance with the provisions of this section. the Dublic
works director or his desiGnee shall cause to be issued a certificate of comDliance for installation.
Such issuance shall be made within ten (10) workinG days of the county's receiDt of the completed
aDDlication. which will include Droof of reGuired bondls) and insurance. Upon issuance of a
certificate of compliance. the aDDlicant shall be considered a Gualified Drivate sUDPlier of modular
newsracks or newsracks pursuant to this section.
@} Denial of certificate of compliance. If a certificate of compliance for some newsrack
location aDPlied for shall be denied. the aDDlicant shall be notified within ten (10) workinG davs of
the County's receipt of the comDleted aDDlication. The aDDlicant shall be advised of the specific
cause of such denial by the Dublic works director or his desiGnee. The aDDlicant may reaDDly for
substitute alternative location at no additional certificate of comDliance fee.
ill Additional certificate of compliance. If at any time after initial aDDlication for an
installation certificate of comDliance a Dublisher wishes to install additional news racks. then
subsections (3) and (4) above are to be reDeated in accordance with the Drovisions of this section.
Under section D. Insurance. any additional returnable bond deposit reGuired will be credit with anv
amount still on account. Additional certificate of compliance fees shall be in accordance with section
E. Fees. exceDt that the fifty-dollar Dublisher's fee is waived if previously paid.
íID Any aDDlicant who has been denied a certificate of comDliance pursuant to the
provisions of this section may file a written appeal within seven (7) workinG davs of the date of the
rendition of the decision with the County Administrator. The appeal shall be heard bv the Board of
County Commissioners within fifteen (15) calendar days from the date of the filinG of the aDDeal.
Any aDDeal filed Dursuant to these reGulations shall state succinctly the Grounds upon which it is
asserted that the determination should be modified or reversed. and provide any other DaDers
material to the determination.
Any aaGrieved parties mav aDDeal a final decision of the Board of Countv Commissioners
to the Circuit Court of the Nineteenth Judicial Circuit. An aDPeal shall be filed within thirtv (30) days
of the decision of the Board of Countv Commissioners beinG appealed.
D. INSURANCE.
ill Prior to the issuance of a certificate of comDliance bv the public works director or his
desiGnee. the aDDlicant shall furnish to the Dublic works director a certificate of insurance annuallv
and a one-time onlv returnable bond deposit. both in specific accordance with the terms of D(2)
below. except that returnable bondinG amounts for newsrack installations shall be:
Total ProDosed Newsracks Total Returnable Bond
1 to 4 $150.00
5to 10 $300.00
11 to 20 $500.00
&tll:l,dt fl. ðl:lgn passages are deleted. Underlined passages are added.
Page 6 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
121 and UP
1 $700.00
The bond beina to auarantee comDliance with terms of the Dermit and to be in force for six
(6) months after the aDProved completion date of the work.
ill Before anv permit shall be issued under this section. the aDPlicant shall furnish to the
county evidence that the aDPlicant is carrvina public liability insurance. with the county named as
an additional insured. with bodilY iniurv liability limits of five hundred thousand dollars ($500.00000).
each person: five hundred thousand dollars ($500.000.00) each occurrence. and property damaae
liability limits of two hundred fifty thousand dollars ($250.000.00). each occurrence. or bodilv iniurv
liability andlor property damaae liability. sinale limit of five hundred thousand dollars ($500.000.00).
each occurrence. The Dolicy shall also provide the Countv will be aiyen a thirty (30) dav written
notice of cancellation or non-renewal. No permit shall be issued to anv aPDlicant to perform work
on. or cut into. the Dublic riahts-of-way until a deDosit has been made in sufficient amount to the
county to insure the repairs reauested bv the aDDlicant. and such amount shall be determined bv
the director of public works: but in any event the minimum amount of such bond shall be one
hundred fifty dollars ($150.00). and maximum amount of such bond shall be one hundred twenty-five
(125) percent of the cost of Droper restoration of the Dublic riahts-of-wav. the bond beina to
auarantee compliance with terms of the Dermit and to be in force six (6) months after the approved
comDletion date of the work.
Q1 Insurance under this section shall run continuouslv with the Dresence of the
aDDlicant's news rack in county riahts-of-way. and anv termination or laDse of such insurance shall
be a violation of this section. Applicant shall provide the Countv vearly uDdated insurance
certificates.
E. FEES.
There shall be a one-time only certificate of comDliance fee in the amount of fiftv dollars
($50.00) for each distributor or publisher plus ten dollars ($10.00) per newsrack or modular
newsrack. Failed inspections are subiect to a reinspection fee of fifteen dollars ($15.00). All of the
above fees will be used to defray administrative eXDenses relatina to this section only.
F. LOCATION AND PLACEMENT:
The DUfDose of the followina is to reaulate the location and placement of news racks on
Dublic riahts-of-way.
ill Newsrack Dlacement is Dermitted only at the followina locations:
@1 Sidewalks. Newsracks shall be situated Darallel and adiacent to the edae of
the sidewalk. No news rack shall be placed on the sidewalk. A minimum sidewalk space of six feet
shall remain clear.
í!ù In a orass. dirt. Gravel or like area. Newsracks placed in a arass. dirt. aravel.
or like area must be secured to concrete foundations. as reauired in this section. Notwithstandina
£tf't:leh tl,P81:t;; M passages are deleted. Underlined passages are added.
Page 7 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
the foreaoina. newsracks may not be chained or otherwise tied to any poles. or any other traffic
control device. tree etc.. under any circumstances.
m No newsrack shall be Dlaced. installed. used or maintained at the followina locations
andlor shall be subiect to the followina restrictions:
fill Within five (5) feet of any edae of roadwav.
(Ql Within five (5) feet of any marked crosswalk.
(çl Within ten (10) feet of any unmarked crosswalk.
íQl Within ten (10) feet of any fire hydrant. fire call box. Dolice call box or other
emeraencv facilitv.
M Within five (5) feet of any edae of driveway.
ill Within five (5) feet ahead of. and fifteen (15) feet to the rear of any sian
markina a desianated bus stoD. measured alona the edae of roadwav.
{g} Within two (2) feet of any bus bench. or Dlaza bench.
fh} At any location whereby the clear space for passaaewav of Dedestrians is
reduced to less than six (6) feet.
ill Where anv protrudina Dart of the newsracks is on or within twelve (12) inches
of any area improved with hedaes or within three (3) feet radius of flowers or trees.
.ill Within five (5) feet of a buildina entrance.
.Qs} On or within three (3) feet of sians or any other traffic control device. parkina
meters. street liahts. utilitv Doles or mailboxes.
ill On anv handicaD access ramp.
.ú:nl Within visibililv trianales at street intersections. Visibilitv trianales shall be
maintained to include an area bounded bv the first 25 feet alona the intersectina edaes of the riahts-
of-wav. Droiected where rounded. and a line runnina across the lot in connectina the ends of such
25 foot lines.
ill1 Within visibility trianales at the intersection of drivewavs with streets. Visibilitv
trianales shall be maintained to include an area bounded bv the first ten feet alona the intersectina
area of the base buildina line and the drivewav. proiected where rounded. and a line runnina across
anv intervenina riahts-of-wav and the lot and connectina the end of such ten foot lines.
Stl"l::Ieh tl.pa1:J~k passages are deleted. Underlined passages are added.
Page 8 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
.@} In addition. all newsracks shall be subiect to the fOllowinq restrictions:
@l No more than ten newsracks shall be Dlaced at any intersection. with no more
than five individual newsracks at anyone corner. If distributed from a modular newsrack. no more
than twenty-four publications shall be dispensed at anv intersection with no more than twenty-four
Dublications disDensed at anyone corner. Priority shall be on a first come. first to obtain a
certification of compliance with this section basis. exceDt as Drovided in subsection (d\ below.
{Ql No more than five individual newsracks shall be Dlaced side by side at any
one location and no more than twenty-four publications shall be dispensed from a modular
newsrack. There shall be a minimum 300-foot distance between qrOUDS oHive individual newsracks
Dlaced side by side or more than two modulars alonq the same sidewalk. Priority shall be on a first
come. first to obtain a certificate of compliance with this section basis. exceDt as provided in
subsection (d\ below.
[çl
or intersection.
Modular and individual news racks shall not be placed at the same location
Subiect to the proyisions set forth above. newsracks shall be Dlaced Darallel to the
edqe of the curb. and newsracks placed near the wall of a buildinq must be placed parallel to and
not more than six (6\ inches from the wall.
@ Newsrack locations existina as of the effective date of the adoption of this
ordinance shall be deemed acceDtable. provided that the Drivate sUPDliers of said newsracks submit
a map or maDS to the Dublic works director larqe enouqh in scale to deDict said existinq locations.
Said map(s\ must be submitted within one month of adoDtion. and all such newsracks must
otherwise be brouqht into conformity with this ordinance as set forth herein.
~ INSTALLATION AND MAINTENANCE
ill No individual free-standinq newsrack shall exceed 56 inches in heiqht. 30 inches in
width. and 24 inches in depth.
@ No modular newsrack shall exceed 56 inches in heiaht. 80 inches in width. and 24
inches in depth.
.@} By January 1. 2007. newsracks shall be hunter qreen (everqreen\ pedestals and
sides.
ill No newsrack shall be used for advertisinq siqns or publicity DurDoses other than
advertisinq the disDlav. sale or availability ofthe neWSDaDer periodicals. advertisina circulars or other
Drinted matter contained therein.
@ Each newsrack that charqes a fee for the newspaper or Drinted material contained
therein shall be equipped with a coin return mechanism to permit a person usinq the machine to
secure an immediate refund in the event the user is unable to receive the Dublication paid for. The
coin return mechanism shall be maintained in qood workinq order.
&tF1:telt tkrð1:t:!Jn paSSQges are deleted. Underlined passages are added.
Page 9 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
í§l Each newsrack shall be keDt level on a solid base. or welded or bolted to a mount.
The base must be set in and flush with the around and maintained in a safe and secure condition.
All bases or mounts shall conform to the standards set forth below. Any mount or base installed or
used shall remain the responsibility of the distributor who installs or uses it and shall be removed
bv the distributor immediately upon abandonment or removal of the newsrack. When located in
comDliance with this section and on riahts-of-way owned or maintained bv the County. a newsrack
mav also be bolted into an existina sidewalk in accordance with the standards for bases and this
section.
fill Newsracks bolted directly into bases shall be bolted in place throuah four
standard holes in the base in accordance with the followina standards:
1,. Foundation of four-inch minimum concrete. 2.500 Dsi (28-dav
strenath). Class I.
2. Two-inch minimum concrete edae distance for bolts.
~ One-half-inch minimum chamfer on all concrete edaes.
4. Three-eiahths-inch diameter hot-dipped aalvanized hex bolt mounts.
three-inch minimum embedment. threads down. throuah four corners of the newsrack.
ßù Mounts bolted to bases shall be bolted in place throuah four standard holes
in a base plate in accordance with the followina standards:
1,. Foundation of four-inch minimum concrete. 2.500 Dsi (28-dav
strenath). Class I.
2. Two-inch minimum concrete edae distance for bolts.
3. One-half-inch minimum chamfer on all concrete edaes.
4. Three-eiahths-inch diameter hot-diPDed aalyanized hex bolt mounts.
three-inch minimum embedment. threads down. throuah four corners of the base plate.
fçl A water-soluble. Daintable. ten-year caulk shall be applied and wiped to seal
around the base plua and the mountina surface.
ill Each newsrack shall have affixed to it. in a readilv yisible place so as to be seen bv
anvone usina the newsrack. a notice settina forth the name and address of the distributor and the
telephone number of a workina local or toll-fee telephone service to call to reDort a malfunction. to
secure a refund in the event of a malfunction of the coin return mechanism. or to aive the notices
provided for in this section.
íID Newsracks for free neWSDaDers. periodicals. advertisina circulars or other Drinted
matters may omit the coin box and may have the Dull bar welded to the door to produce an "honor
rack".
Stfl:H~I( tkrsl:Igk passages are deleted. Underlined passages are added.
Page 10 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
fill. Each Newsrack shall be maintained in a neat and clean condition and in aood repair
at all times. At a minimum. each Newsrack shall be serviced and maintained so that:
@.l
ßù
areas thereof:
It is free of araffiti. dirt and arease:
It is free of chiDDed. faded. Deelina. or cracked Daint in the visible painted
fçl
It is free of rust or corrosion in the visible unDainted areas thereon;
@
The structural parts are not broken or undulv misshapen: and
@.ì
The publications are keDt drv and are not exposed to wind or precipitation.
~ ABANDONMENT
In the event a newsrack remains emDtv for a Deriod of seven (7) continuous davs. it shall
be deemed abandoned.
h... EMERGENCY REMOVAL
ill Where the installation. use. or maintenance of a Newsrack. Base. or Mount Doses
an immediate or imminent: (I) danaer to Dedestrians or vehicles. (in health or safety hazard for
pedestrians or vehicles. or (Iii) otherwise unreasonable interference with the safe use of anv Public
Riahts-of-Wav or other Dublic propertv. the Countv Administrator mav have staff remove the
newsrack. base. or mount immediatelv. Within five workina davs of removal. the County
Administrator shall notifv the distributor in writina. and provide the distributor with opportunitv for an
aDDeal accordina to the Drovisions of this section. After removal. the distributor mav reclaim the
newsrack UDon reDavment of the costs of removal. storaae. and administrative expenses. If the
distributor fails to reclaim within 45 davs after notice of removal. the newsrack shall be deemed
abandoned Dropertv and mav be disposed of bv the Countv. in the same manner as other
abandoned or unclaimed proDertv.
ø Under emeraencv weather conditions where a newsrack mav become danaerous to
Dersons or proDertv. the Administrator mav reauire that anv newsrack that is not secured shall be
removed bv the distributor thereof. In such event. the Countv Administrator mav aive notice. bv
teleDhone. to the distributor. and shall sDecifv the time Drovided for removal. Anv newsrack that is
not removed Dursuant to notice from the Administrator mav be removed bv the Administrator and
stored. In such event. the distributor mav reclaim the newsrack upon Davina the eXDenses incurred
bv the Countv to remove and store it. as well as anv related administrative expenses. Should the
distributor fail to reclaim anv newsrack within 45 davs after written notice of removal from the
Administrator. the newsrack shall be deemed abandoned Dropertv and mav be disDosed of. bv the
Countv. in the same manner as other abandoned or unclaimed propertv.
Stpl:leh tnl"8l:1g" passages are deleted. Underlined passages are added.
Page 11 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
4..... APPEALS
A distributor mav aDDeal a decision made bv the County Administrator for emerqencv
removal bv filinq a written notice of aPDeal with the County Administrator within seven (7) workinq
days of the date of the rendition of the decision. The Board of County Commissioners shall review
the emerqencv removal at a public meetina within fifteen (15) calendar days from the date offilinq
the aDDeal. The distributor shall be provided reasonable notice of the time. date and place of the
public meetinq. Anv aPDeal filed Dursuant to these requlations shall state succinctlv the qrounds
UDon which it is asserted that the determination should be modified or reversed. and anv other
papers material to the determination.
Anv aqqrieved parties may appeal a final decision of the Board of Countv Commissioners
to the Circuit Court of the Nineteenth Judicial Circuit. An aDDeal shall be filed within thirty (30) davs
of the decision of the Board of County Commissioners beina appealed.
lh. ENFORCEMENT
Beqinninq one hundred fiftv (150) days from the effective date of Ordinance No. 05-001 and
at anv time thereafter. anv news rack in violation of any Drovision of this article shall be subiect to
remedv and due process under the Drovisions of Section 11.13.03 et. seq. of this Code pertaininq
to the code enforcement board.
b... RIGHTS PRESERVED
Nothina contained in this article shall Drohibit the Commission from enforcinq its ordinances
bv anv other means. This article does not restrict the riqht of any person or the Commission to
Droceed with under either section 60.05 or section 832.05. Florida Statutes. aqainst any Dublic
nuisance.
PART B.
CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie
County, County ordinances and 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.
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 beheld to be inapplicable to any person, property, or
circumstance, such holding shall not affect its applicability to any other person, property, or
circumstance.
PART D.
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
&tll;l.;:h tl,rðl; ~k passages are deleted. Underlined passages are added.
Pqge 12 of 13
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
PART E.
FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and 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.
EFFECTIVE DATE.
This ordinance shall take effect September 12, 2005.
PART G.
ADOPTION.
After motion and second, the vote on this ordinance was as followS:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Paula Lewis
Commissioner Joseph E. Smith
Commissioner Chris Craft
PART H.
CODIFICATION.
AYE
AYE
ABSENT
AYE
AYE
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and Compiled
Laws, 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 H shall not be codified.
PASSED AND DULY ENACTED this 15th day of March, 2005.
ATTEST:
G:\A TTY\ORONANCE\2005\05-001.wpd
BOARD OF COUNTY COMMISSIONERS
ST. LUCIE COUNTY, FLORIDA .
//
...¡,-".--
/
-~~·:¿Lt/)·..¿/¡.1" ¿ >
Chairman
;<~.. f'·
/_.1\)"': '¿
-L¿"'" ~4 _ ,..
," {}~ f /,y;-- J \
, ,J\' .' /'
J-~' "A 'J '. ".-.'
"_", ",u_',_'}/j!-' .' , '
\, ¡~ fi1'.#f..tY'V6P;i}t)-'.
..
,
"
oJ
/
BY:
Revised 3/4/05
StPtleh tMP'ðtl~k passages are deleted. Underlined passages are added.
Page 13 of 13