HomeMy WebLinkAbout1970ORDINANCE NO. ~
An Ordinance authorizing the Board of County
Commissioners of St. Lucie County to employ
and pay the salary of a Director for the
Mental Health Center located in said County
and providing an effective date.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY: ~
Section 1. The Board of County Commissioners of St. Lucie County
may employ a Director of the Mental Health Center located in said
County at a salary to be determined and paid by said Board.
Section 2. Said Director shall be employed only upon such
recommendation of the Board of Directors of the Indian River Mental
Health Center, Inc.
Section 3. This ordinance shall take effect upon receipt of
official acknowledgment from the Office of the Secretary of State that
said ordinance has been filed in said office.
Passed and duly enacted this 6th day of January, 1970.
C~a/~rman of the Boar~-of County
~issioners of St. Lucie
q~unty, Florida
Clerk/of 't~he Board of County
Commissioners of St. Lucie County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUCIE
I, ROGER POiTRAS, Clerk of the Board of County Commissioners of
St. Lucie County,Florida~ do hereby certify that the above and
foregoing is a true and correct copy of an Ordinance duly published
in the News Tribune at Fort Pierce, Florida on December 15, 1969
and which has been duly recorded in the Official Minutes of said
Board.
WITNESS
my hand and the seal of said Board this ~/ day of
January, 1970.
Roger/Poltras, Clerk of the Board
of County Commissioners of St.
Lucie County, Florida
To~x ~s
SECRETARY OF STATE
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 3:~304
May 1, 1970
Mr. Roger Poitras, Clerk
Board of County Commissioners
Post Office Drawer 700
Fort Pierce, Florida
Dear Mr. Poitras:
Pursuant to the provisions of Chapter 69-32, Laws
of Florida, Regular Session 1969, this will acknowledge
receipt of your letter of April 30 and a certified copy
of St. Lucie Ordinance No. 70-2, which was officially
filed in this office on May 1, 1970.
With kind regards, I remain
Sincerely,
TOM ADAMS
Secretary of State
Administrative Code
WLG/eh
THE NEWS ~/~UNE
· Published Daily and SunfExcept Saturday Fort Pierce, St. Lucie-'County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Before the undersigned authority personal!y appeared Marion
T. Ayers, Sibyl B. Hall, who on oath says that he/she is Publisher,
General Manager of The News Tribune, a daily newspaper pub-
lished at Fort Pierce in St. Lucie County, Florida; that the attach-
ed copy of advertisement, being a ......... .N...q.t...~..q.e. .................................
in the matter of ..... .0.;..d.~..n..a..n...c..e.....N...o.:.....7._0...-.~ ........................................
............................................ in the ................................................ Court,
was published in said newspaper in the issues of ..... ~f.~f..7.~. ........
Affiant further says that the said News Tribune is a newspaper published at Fort
Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore
been continuously published in said St. Lucie County, Florida, each day except Saturday
and has been entered as second class mail matter at the post office in Fort Pierce,
in said St. Lucie County, Florida, for a period of one year next preceding the first pub-
lication of the attached copy of advertisement; and affiant further says that he has
neither paid nor promised any person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this advertisement for publication in the
said newspaper.
Sworn to and subscribed before me ...,..- ~'j~
( ~ommission [xpires l~ec. 13, 1971Notary Public
NOTICE
NOTICE 1~ HEREBY GIVe. N.' ~thal
the Board of County Commiss~oner~
of St. Lucia County, Florida will at
its meeting at 9:00 A.M., on Ap. ril
28, 1970, in the Commission meeung
room of the St. Lucia Cour~t¥. Court-
sider the enactment of Oramance
N~x '~0-~. a eo~r ~ which is at-
made a part hereto.
DATED this ?Ch day o! April, 1970.
(s) Roger Poitras
Roger Poitras, Clerk of the
Board of County Commls.
sioners of S~ Lucia County,
Florida
ORDINANCE NO. 70-2
An Ordinance authorizing the
Board of County Commlssioaers
of St. Lucia County to provide
bus service in said County as a
pilot project: to enter into a~ree-
merits for the necessary buses
and services; to employ drivers:
to collect fares and to accept
and expend funds for said pur-
pose and providing an effective
date.
BE IT O19J3~INED BY TIlE BOABJ
OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY: '
Section 1. The Board of Oounty
Commissioners of St. Lucie County
may provide bus service in said
County on a trial basis for a period
of not more than sixty: (60) days.
Seett~ 2. Said ~ o~ County
Commissioners may e n t e r into
agreemer~s for the nece. s.sa~y_ buse.s'
and services, employ at,vets, cot-
tact fares and accept and expend
such funds from any sources aS
may be necessarY to operate such
bus service during said trial period.
Section ~. This Ordinance shall
take effect upon receipt of official
di~an~ la~s ~ ~ In ~ta orate.
Passed and duly enacted this ~
daf of --, 1970.
April 9, 1970 _
ORDINANCE NO. 70-2
An Ordinance authorizing the Board of County
Commissioners of St. Lucie County to provide
bus service in said County as a pilot project;
to enter into agreements for the necessary
buses and services; to employ drivers; to
collect fares and to accept and expend funds
for said purpose and providing an effective
date.
BE IT ORDAINED BY T~IE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY:
Section 1. The Board of County Commissioners of St. Lucie
County may provide bus service in said County on a trial basJ~
for a period of not more than sixty (60) days.
Section 2. Said Board of County Commissioners may enter
into agreements for the necessary buses and services, employ
drivers, collect fares and accept and expend such funds from any
sources as may be necessary to operate such bus service during
said trial period.
Section 3. This Ordinance shall take effect upon receipt
of official acknowledgment from the Office of the Secretary of
State that said Ordinance has been filed in said office.
Passed and duly enacted this
of County
ClOthe Board
Commissioners of St. Lucie County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUCIE
day of C~ , 1970.
Cha~a~ of the Board of
C
oM~ty Commissioners of St.
L~cie County, Florida
I, ROGER POIT~S, Clerk of the Board of County Commissioners of
St. Lucie County, Florida do hereby certify that the above and fore-
going is a true and correct copy of an Ordinance duly published in
The News Tribune at Fort Pierce, Florida on April 9, 1970 and which
has been duly recorded in the Official Minutes of said Board.
WITNESS my hand and the seal of said Board this ~ day of
April, 1970.
Roge s, Clerk of the Board
of County Co~issioners of St.
Lucie County, Florida
TOM
SECRETARY OF STATE
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 32304
May 25, 1970
Honorable Roger Poitras
Clerk of the Circuit Court
Post Office Drawer 700
Fort Pierce, Florida
Dear Mr. Poitras:
Pursuant to the provisions of Chapter 69-32, Laws
of Florida, Regular Session 1969, this will acknowledge
your letter of May 21 and certified copy of St. Lucie
County Ordinance No. 70-3, which was officially filed in
this office on May 25, 1970.
Trusting that you will feel free to call upon us
whenever we may be of service, I remain
Sincerely,
TOM ADAMS
Secretary of State
Administrative Code
WLG/lc
THE NEWS BUNE
Published Daily and Sun~ Except Saturday
' ,~ Fort Pierce, St. Lucie County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUClE
Before the undersigned authority personally appeared Marion
T. Ayers, Sibyl B. Halt, who on oath says that he/she is Publisher,
General Manager of The News Tribune, a daily newspaper pub-
]ished at Fort Pierce in St. Lucie County, Florida; that the attach-
ed copy of advertisement, being a ........... N.~;k.c..e ...............................
in the matter of .... .S..~.i...m..m..i...n.g~..P.`.9.9..~...s.....t~.~...~.b..e.~..~e...n..c..~..~.~.~.~.~....~.h~..
............................................ in the ................................................ Court,
was published in said newspaper in the issues of .... ~./.1/..?.C) .........
Affiant further says that the said News Tribune is a newspaper published at Fort
Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore
been continuously published in said St. Lucie County, Florida, each day except Saturday
and has been entered as second class mail matter at the post office in Fort Pierce,
in said St. Lucie County, Florida, for a period of one year next preceding the first pub-
lication of the attached copy of advertisement; and affiant further says that he has
neither paid nor promised any person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this advertisement for publication in the
NO. 33695
NOTICE
IS I-IEREBY GIVEN
the Board of County Corn-
miss.loners of St. Lucle County,
Florida will at its meeting at
9:00 A.M. on May 19, 10'/0, in'
the Commission meeting room
of the St. Lucie Couniy Court-
house at Fort Pierce, Florida
consider the e]~actrnent of Or-
dinance No. 70-3, a copy of
which is attached hereto ~nd by
reference made a part hereof.
DATED this 29th day of April,
1970.
s-ROGER POITB~
lto,ger Polt2as, Cleek o/
the Boaxd of County
Commissioners of St. Ltt-
cie County, Florida
OI~DINANCE NO. 70-3
An Ordinance amending Ordln-
ance No. 69-1 of St. Lucie Coun-
ty by amending Sections 1 and
2 thereof; adding a new Section
providing for a waiver by the
Board of County Comn~ssioners
of said County and providillg an
effective date.
BE IT ORDAINED BY THE BOARD
OF COUNTY COMMISSIONERS OF
ST. LUCIE COUNTY:
o~f~.- .~,~.Amend Section 1 of Or-
.._
u'~I2 to
t'~l-~.~v{°l:Isatt~, .ot~p s'~
said newspaper.
Sw°rn t° and subscribed bef°re me '"~'~. ...~ ~..]..,~]/~~ )~
this .~...t..~ ........ day of ...... ?.:..a. ....
A. 19.7.0 - -- ---"'~'"'":f'~ ...... '
a! [arg~. Notary 9ublic
0cc. 13 1971
ORDINANCE NO. 70-3
An Ordinance amending Ordinance No. 69-1
of St. Lucie County by amending Sections
1 and 2 thereof; adding a new Section
providing for a waiver by the Board of
County Commissioners of said County and
providing an effective date.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY:
Section 1: Amend Section 1 of Ordinance No. 69-1 of St. Lucie
County to read.:
"Section 1: All swimming pools in the unincorporated areas of
St. Lucie County constructed after the effective date of this
Ordinance, unless entirely screened in, shall be completely enclosed
with a fence or wall at least four (4) feet high and so constructed
as to be not readily climbable by small children. All gates or
doors providing access to pool area shall be securely locked when
the pool area is not in actual use or shall be equipped with a
self-closing and self-latching device installed on the pool side for
keeping the gates or doors securely closed, at all times when the
pool area is not in actual use, except that the door of any dwell-
ing which forms a part of the enclosure need not be so locked or
equipped."
Section 2: Amend Section 2 of Ordinance No. 69-1 of St.
Lucie County to read.:
"Section 2: All swimming pools in the unincorporated areas
of St. Lucie County existing on the effective date of this ordinance,
unless entirely screened in, shall be within six (6) months from
the effective date of this Ordinance completely enclosed with a
fence or wall at least four (4) feet high and. so constructed as to
be not readily climbable by small children. All gates or doors
providing access to pool area shall be securely locked, when the
pool area is not in actual use or shall be equipped with a self-
closing and self-latching device installed on the pool side for
keeping the gates or doors securely closed at all times when the
pool area is not in actual use, except that the door of any
dwelling which forms a part of the enclosure need not be so
locked or equipped."
Section 3: Amend Ordinance No. 69-1 of St. Lucie County by
adding Section 2A to read.:
"Section 2A: In the event the owner of an existing or pro-
posed swimming pool feels that said pool is not or would not be
a hazard to small children, he may petition the Board of County
Commissioners of St. Lucie County for a waiver of this requirement.
If said Board of County Commissioners determine that such a swimming
pool is not or would not be a hazard to small children by reason
of its location, construction, surrounding vegetation or other
natural or man-made barriers, said Board may, after a public
hearing of which all property owners within 300 feet are given at
least ten (10) days notice by certified mail, waive the requirement
that said pool be fenced."
Section 4: This Ordinance shall take effect upon receipt of
official acknowledgment from the Office of the Secretary of State
that said Ordinance has been filed in said office.
Passed and duly enacted this
~l~rk of the Board of County
day of May, 1970.
Chairman of the Board of
county Commissioners of St.
Lucie County, Florida
Commissioners of St. Lucie County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUCIE
I, ROGER POITRAS, Clerk of the Board of County Commissioners
of St. Lucie County, Florida do hereby certify that the above and
foregoing is a true and correct copy of an Ordinance duly published
in The News Tribune at Fort Pierce, Florida on May 1, 1970 and
which has been duly recorded in the Official Minutes of said
Board.
WITNESS my hand and the seal of said Board this
day of May, 1970.
oitr~as,
Clerk of the
Board of County Commissioners
of St. Lucie County, Florida
33450
W. R. McCAIN, Dis.icl No. I · E. E. GREEN, Districl No. 2 · JOHN B. PARK, District No. 3 · MARJORIE SILVER, Dislricl No. 4 · GEORGE D. PRICE, Dislricl No. 5
March 18, 1970
Mr. B. A. Bittan, Jr.
Prosecuting Attorney
201 S. 2nd Street
Ft. Pierce, Florida 33450
Dear Mr. Bittan:
On August 5, 1969 the Board of County Commissioners adopted Ordinance #1,
requiring all swimming pools to be fenced.
Immediately following the adoption of this orclinaxxce, the Zoning Department
inspected all county pools as shown on the records of the Tax Assessor. Ce;~ified
letters were mailed to all pool ova~ers along with copies of the ordinance, specify-
lng exactly why their pool failed to meet the requirements.
Paragraph 2 of this ordinance provided a grace period of 6 months for owners of
existing pools to comply. This grace period expire.d on March 8, 1970, and as of
today, March 17th, the Zoning Department has reinspected the pools and compiled a
list of owners who have failed to abate the violation:
List number one, enclosed, shows the owners who have not installed any type of
fence or wall around their pool.
List number two shows the owners who have failed to meet the requirement of
self-lockin~, self-closing gates and fences readily chmbable.
We have completed inspections and all violators have been notified by certified
mail.
How do you wish us to proceed in the enforcement of Section #3 of the ordinance?
Very truly yours,
A1 Thomas
Building & Zoning Department, Director
Enclosure
AT:c jr
cc Weldon Lewis, County Commissioners
LIST ~'~' l-No Vencc
2
Cioi'hildc I7. q, ayiol'
232 Tamarind Drive
G. All)crt: Bloodworth
St. Lucic Boulevard
3 Ben S. Dictzcn
2030 Indrio Road
B. S. Kuta
Sem~,ole Road
Theodore Gollni6k
Seminole Road
EdenLawn Plantation
S. Indian River Drive
7' W. W. Arnold
Rails Road
8. Roland B. Nicholson
Hawley Road :'
9. Alto Adams, Jr.
Orange Avenue Extension'
t0. James A. Hearn
Hartman Road
11. ]Myron Varn Gordy Road
'12. Holiday inn
· Okeechobee Road and Kings Highway
13. J. 13. Brewer
Wn~e Way Dairy Roact
fence less than
2 openings-no gates
LIST #2-No Se]f-enclosing, Self-latching
Device
1. George R. Hayes
914 Framar
2. Hazel Smallwood (Motel)
5504 S. Federal Highway
3. Earl D. Greenway
201 Monroe
4. Melvin E. Monroe
104 Monroe
5. Byron W. and Esther Minthorn
41i Weatherbee Road
6. John Tozour
'' Tozour Road
7. Robert H. 3andon
N. Federal Highway
8. Mrs. Anna Supank
Johnson Road
Norman W. Platts
Seminole Road
10. Otis Rogers
6411 S. Indian River Drive
1i.
Paul D. Jurhoushi
1702 Wyoming Avenue
12. Jack R. Hooker
3041 Summit St.
13. Bobbie H. Topper and Gwendolyn Clark
19 38 Wyoming Avenue
14. Leroy Schroeder
'124 Serenato
15. Raymond E. Hinkle
I47 E. Prima Vista
19
2O
21
~ 'sA ;~2
Continuation of ~,l, ~
16. W. Eug'ene Baiiy lq5 Naranja
17. Edward T. McNeill 305 Airoso
i8. General Developmenr Corp.
'Prima Vista (Marina)
Robert E. Parker
4909 Magaolia
Joi:n j. Harris
4056 Greenwood
Vincent R. Gotham, Jr.
4050 Greenwood
25
26
29.
22 William H. Meyer
4040 Greenwood
23 William W. Harris
4006 Greemvood
24 R.E. Stanley
4000 Greenwood
Wiiliarn C. Morris
1412 Jacobs Road
Mildred Modine
1905 N. 41st St.
27 Miles Fall
Emerald Lane
28 Robert Williams
1815,S'. 33rd St.
Jim Diamond
N. U. S. #1
30. Dewey S. Permell
10I)6 Flood Road
31. Ben ?. Wood
1917 N. 44th St.
32. C. B. Bourn
1702 Ar, gle Road
33.
34.
? rank Calabrese
4901 Palm Dr.
Don E. and Betty C. Hutchinson
N. 44th St.
EE NO. 1
An Ordinance requiring alii swimming pools in the unin-~
corporated areas of St. Lucie Coun{~.y, Florida, to be
completely enclosed wi.~i~ a tlence or wall unl_ess screened;
specifying the type of ~.ence ,'-,r v,a.~.l and latch 'ho be i.n-
stalled therein; providing ahat ail. such swimming peels
existing on the effective da'te of said ordinance shall
be fenced or walled within six {6) menths from the effec-
tive date of said ordinance; providing a penalty for the
violation of said ordinance and providing an effective
date.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY:
Section 1. All swimming pools in the unincorporated areas of St.
Lucie County constructed after the effective date of this ordinance,
unless entirely screed in, shall be completely enclosed with a fence
or wall at least four (4) feet high-and so constructed as to be not
readily cl
TM ~
zmoaoze by small children. Ail gates or doors providing
access to pool area shall be equipped with a self-closing and self-
latching device installed on the pool side for keeping the gates or doors
securely closed at all times when the pool area is not in actual use,
except that the door of any dwelling which forms a part of the enclosure
need not be so equipped.
Section 2. All swimming pools in the unincorporated areas of St.
Lucie County existing on the effective date of this ordinance, unless
entirely screed in, shall be within six (6) months from the effective
date of this ordinance completely enclosed with a fence or wall at least
four (4) feet high and so constructed as to be not readily climbable by
small children. Ail gates or doors providing access to pool area shall
be equipped with a self-closing and self-latching device installed on
the pool side for keeping the gates or doors securely closed at all times
when the pool area is not in actual use, except that the door of any
dwelling which forms a part of the enclosure need not be so equipped.
Section 3. Any person violating any provisions of this ordinance
shall upon conviction be punished by fine not to exceed $5~0.00 or by
imprisonment in the County Jail of St. Lucie County not to exceed sixty
(60) days or by both such fine and imprisonment.
Section 4. This ordinance, shall take effect upon receipt of
official acknowledgement from the Office of the Secretary of State that
said ordinance has been filed in said office.
Adopted 5 August 1969.
0
33450
W. ~ McCAIN, District No. I · E. E. GREEN, Di~,trict No. 2 · JOHN B. PARK, Dh4ricl No. ~, · MARJORIE SILVF-R, Distdc. I No. 4 · GEORGE D. PRICE, Diltrlct No.
On August 5, 1969, the Board of County Commissioners of
St. Lucia County adopted Ordinance No.1 requiring all swimming
pools to be fenced (copy of Ordinance enclosed).
This Ordinance %69-i has been officially acknowledged and
filed in the office of the Secretary of S~aue, effective date
August 8, 1969. ,
Your pool has been examined by an inspecUor of the St. Lucia
County Building & Zoning Department and found to be in violation
of this Ordinance. We have underlined the section of the enclosed
copy in which your violation occurs.
We must ask you to abate the violation within six months of
the effective date, or on or before March 8, 1970, as required by
the Ordinance.
e1%c
Yours vary truly,
A. M. Thomas
Zoning DirecUor
T~eodore E. Gollnic~
Rt 2, Box 1138
Fort Pierce, Fla.
, ,33450
REGISTERED
Board of County Cmmmisstoners
P.0. Box TOO
Fort Pierce, ~la.. 33450
St. Lucie County
Commission;
Dea~Si~s;
In regard of the Ord~ to fence my swimming pool unde~
threat and p~essu~e of a Fine o~ Imp~isionment o~ Both at a cer-
tain date. We came to-know that not all pool owners ~ecieved this
Certified letter and we where on top of the List of the 0~de~,we
where the Subject of te~o~izing O~de~.We where giving no alt®~-
native. We don't have any need fo~ this ugly Fence and it is a
Mon~uent of bungling Injustice.
Unde~ these circumstances we ask to replace the 0est . $ 250.00
Respectfully yeurs
PETITION FOR WAIVER OF SWIMMING POOL FENCING
TO
BOARD OF COUNTY COY£dISSIONERS
P. O. BOX 700
FORT PIERCE, FLORIDA
I, Raluh E. Johnson , the owner of the following
described property in St. Lucie County, to-wit:
The ~ .~' ~i'~eSE¼ of the NW~ of the SW~, Section
6, Township 35 South, Range 40 East
do hereby petition said Board to grant a waiver from the provisions
of Ordinance 69-1 as amended by Ordinance 70-3 requiring the fencing
of all swi~ing pools in the unincorporated area of St - Lucie County.
The facts which in my Opinion would justify the Board in deter-
mining that my swimming pool is not or would not be a hazard to small
children and therefore does not need to be fenced are as follows:
1. No small children living within one mile
2. Bordered on all sides by groves
3. Land is oosted and has orivate entrance
The names and addresses of all owners of property within 300'
feet of my property are as follows:
I. Minton Sun, lnc. fruits
Kings Highway " Grove
Ft. Pierce, .Florida 33h50 ,
2. Mr. Louis Sambataro
6600 Hollywood Blvd.
Hollywood, Florida 3~020
110 Acres on Angle Rd.
undeveloped
3. Mr. John A. Hoeffner
138 North Central Avenue
Valley Stream, New York
GPO ve
Ralph E. Johnson
Route 1~ Box 707 Ft. Pierce
ADDRESS N. Jenkins Rd.
FOR WAIVER OF SWIMMING POOL FENCING
TO
BOARD OF COUNTY COMMISSIONERS
P. O. BOX 700
FORT PIERCE, FLORIDA
I, /-F_,=R.;. c~c~,~-~ eyk; the owner of the following
desuribed'propert~ zn St. Lucie County, to-wi=~
do hereby petition said Board to grant a waiver from the provisions
of Ordinance 69-1 as amended by Ordinance 70-3 requiring the fencing
of all swimming pools in the unincorporated area of St. Lucie County.
The facts which in my opinion would justify the Board in deter-
mining that my swimming pool is not or would not be a hazard to small
children and thergfore does not need to be fenced are as follows.
The names and addresses of all owners of property within 300
feet of my property are as follows~
ISLA ND and
WA TERFRONT PROPERTIES
~Iay
1973
Board of County Commissioners
St. Lucie County
Ft. Pierce, Fla.
RE,Request a waiver of County Ordinance 70-3,
which requires a fence or screen enclosure
around a swimming pool.
S irs,
I hereby request permission to construct a
swimm~ng pool without it being enclosed by a
fence or screen enclosure.
The pool will be located in the rear of my
home about 50 feet from the St. Lucie River.
The house sits on a point in the river with a
waterway and lagoon behind,as wellas a waterway
to the north. In brief the house has open watem
on three sides. Why enclose a man made pool,
from the standpoint of a hazard?
The area in question is not and will not be
heavily populated, there are only 32 house
sites in 46 acres, each site being an acre or
more.
The entire area is water oriented, facing the St
Lucie River and having an internal waterway.
The location is on Lot 27 -Wide Waters Subd.
I own the property for over 300 feet in either
direction'a~waive rights of written notice.
Your consideration will be appreciated.
P. O. Box 41
S i n c e r~t~y., ~-~ ~ _
Stuart, Florida 33494 - y ~-' 287-5666
THE NEWS~BUNE
~. ' Published Daily and Su~- Except Saturday
~'~' , Fort Pierce, St. Lucie County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Be£ore the undersigned authority personal!y appeared Marion
T. Ayers, Sibyl B. Hall, who on oath says that he/she is Publisher,
General Mafiager o£ The News Tribune, a daily newspaper pub-
lished at Fort Pierce in St. Lucie County, Florida; that the attach-
ed copy o£ advertisement, being a .......... ~.o...t.~.c...q ...............................
in the matter of .... ?;n...a..c...t.~.e...n..t. ..... ..o.~....0..r...d.~..n..a..n...c.?.....N..?.:....7..0..T.~ .......
............................................ in the ................................................ Court,
was published in said newspaper in the issues of .... ~.Z.~./..?..0. .......
Affiant further says that the said News Tribune is a newspaper published at Fort
Pierce, in said St. Lucie County, Florida, and that the said newspaper has heretofore
been continuously published in said St. Lucie County, Florida, each day except Saturday
and has been entered as second class mail matter at the post office in Fort Pierce,
in said St. Lucie County, Florida, for a period of one year next preceding the first pub-
lication of the attached copy of advertisement; and affiant further says that he has
neither paid nor promised any person, firm or corporation any discount, rebate, com-
mission or refund for the purpose of securing this advertisement for publication in the
said newspaper.
Sworn to and subscribed before me
19th May
this ........................ day of
A.n. 29~
Public
No. F3609
NOTICE
NOTICE IS HEi%EB¥ GIVEN ~hat
the Board of County Commission-
e~s of St. Lucie County 1~lorida will
at its meeting at 9:00 A.M., on June
9, 1970, in the Comn~isslon Meeting
P0oom of the, St. Lueie County
Cou~rthouse at 'Fort Pierce, Florida
consider the enactment of Ordin-
ance No. 70-4. a copy of which ts
attached hereto and by reference
made a par~ hereof.
DATED. this 12th day of iV[ay, ,1970.
(S) ROGER POTTRAS
Roger Poitras, Clerk of the
Board of County Commission-
ers of St. Lucie County, Flo~
rida.
ORDINAI~C~. NO 70-4
An ' Ordinance prohibiting the
t~ansportation of oysters in the
shell from St. Lucie CountY t~
o~hers than dealers; limiting
amount to be shipped by any
deaters; provid~n,g a penalty for
vie~ation and providing an effec-
tive date. ;
OF ~ U ¥ COMMISSIONERS OF
ST. LU~CI~ COUNTY: ~'
Section 1. For the pu~rpose of re-
habilitating and conserving oyste~
culture in St. Lucie County, no per-
son other than a fish deale~ licensed
in said county shall ship, transpo~
or other~vise carry by public or pri-
vate carrier, whether over land, on
water or in the air, oysters in the
shell taken from the waters of said
county beyond the limits of said
County, and no Conln]on or private
carrier nor an~ employes of such
carrier may kno~ingly car~y or
knowl~ngly receive for carria_~e 0uti
of said count~ any such oysters.I
Shipment of such oysters by any:
fish dealer licensed in St. Lucie~
Oounty shal~ not exceed twenty.'
five (25) bushels in any calendar
year and every such fish dealer
shall keep a record, open for reas-
ona%Ie public inspection, ~f all such
shiv~nents.
Se,ct~on g. Any person violating any
provisions of this ordinance shall
upon conviction b. ~unis~hed by ~-e i
not ~ exceed $500.00 or by lrnpris-t
onment n the County Jail of St
',Lu,cie County not to exceed sixt~'
(60) days o,r by both su~t fine and
imprisonment.
Section 3. This ordinance shall
take effect upon of official,
acknowle, Office
the said
has been in said
office.
May 18, 1970
ORDINANCE NO. 70-4
An Ordinance prohibiting the transportation
of oysters in the shell from St. Lucie
County by others than dealers; limiting the
amount to be shipped by any dealers; provi-
ding a penalty for violation and providing
an effective date.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY: '
Section 1. For the purpose of rehabilitating and conserving
oyster culture in St. Lucie County, no person other than a fish
dealer licensed in said county shall ship, transport or otherwise
carry by public or private carrier, whether over land, on water,
or in the air, oysters in the shell taken from the waters of said
county beyond the limits of said county, and no common or private
carrier nor any employee of such carrier may knowingly carry or
knowingly receive for carriage out of said county any such oysters.
Shipment of such oysters by any fish dealer licensed in St. Lucie
County shall not exceed twenty-five (25) bushels in any calendar
year and every such fish dealer shall keep a record, open for
reasonable public inspection, of all such shipments.
Section 2. Any person violating any provisions of this ordi-
nance shall upon conviction be punished by fine not to exceed
$500.00 or by imprisonment in the County Jail of St. Lucie County
not to exceed sixty (60) days or by both such fine and imprisonment.
Section 3. This ordinance shall take effect upon receipt of
official acknowledgment from the Office of the Secretary of State
that said ordinance has been filed in said office.
Passed and.duly enacted this ~ day of June, 1970.
C~erk of the Board of County
Commissioners of St. Lucie County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Chapman of t~e-Board of County
Commissioners of St. Lucie
Cobh ty, Florida ~
I, ROGER POITRAS, Clerk of the Board of County Commissioners
of St. Lucie County, Florida do hereby certify that the above and
foregoing is a true and correct copy of an Ordinance duly published
in the News Tribune at Fort Pierce, Florida on May 18, 1970 and
which has been duly recorded in the Official Minutes of said
Board.
WITNESS my'hand and the seal of said Board this
day of June, 1970.
/
Roge£ Poitras, Clerk of the
Board of County Commissioners
of St. Lucie County, Florida
To~
SECRETARY OF STATE
STATE OF' FLOI~IDA
THE CAPITOL
TALLAMASSEE 32304
June 10, 1970
Honorable Roger Poitras
Clerk of the Circuit Court
Post Office Drawer 700
Fort Pierce, Florida
Dear Mr. Poitras:
Pursuant to the provisions of Chapter 69-32, Laws
of Florida, Regular Session 1969, this will acknowledge
your letter of June 9 and certified copy of St. Lucie
County Ordinance No. 70-4, which was officially filed in
this office on June 10, 1970.
Trusting that you will feel free to call upon us
whenever we may be of service, I remain
Sincerely,
TOM ADAMS
Secretary of State
Administrative Code
WLG/lc
ORDINANCE NO. 70-4
An Ordinance prohibiting the transportation
of oysters in the shell from St. Lucie
County by others than dealers; limiting the
amount to be shipped by any dealers; provi-
ding a penalty for violation and providing
an effective date.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY:
Section 1. For the purpose of rehabilitating and. conserving
oyster culture in St. Lucie County, no person other than a fish
dealer licensed in said county shall ship, transport or otherwise
carry by public or private carrier, whether over land, on water,
or in the air, oysters in the shell taken from the waters of said
county beyond the limits of said county, and no common or private
carrier nor any employee of such carrier may knowingly carry or
knowingly receive for carriage out of said county any such oysters.
Shipment of such oysters by any fish dealer licensed in St. Lucie
County shall not exceed, twenty-five (25) bushels in any calendar
year and every such fish dealer shall keep a record, open for
reasonable public inspection, of all such shipments.
Section 2. Any person violating any provisions of this ordi-
nance shall upon conviction be punished, by fine not to exceed
$500.00 or by imprisonment in the County Jail of St. Lucie County
not to exceed sixty [60) days or by both such fine and imprisonment.
Section 3. This ordinance shall take effect upon receipt of
official acknowledgment from the Office of the Secretary of State
that said ordinance has been filed in said office.
Passed and duly enacted this ~ day of June, 1970.
Cl~rk of the Board of County
Commissioners of St. Lucie County, Florida
STATE OF FLORIDA
COUNTY OF ST. LUCIE
Chai[~a~ of th~e~':B6~!~d...~o'f County
Com~ssione~g"of ~"'L'~ie
ROGER POITRAS, Clerk of the Board of County Commissioners
of St. Lucie County, Florida do hereby certify that the above and
foregoing is a true and correct copy of an Ordinance duly published
in the News Tribune at Fort Pierce, Florida on May 18, 1970 and
which has been duly recorded in the Official Minutes of said
Board.
WITNESS my hand and the seal of said Board this F~
day of June, 1970.
Roge~ Poitras, Clerk of the
Board of County Commissioners
of St. Lucie County, Florida
To~ AD~s
SECRETARY OF STATE
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 3 ;='3 0 4
FILED AN~ gF. GORO£D
ST, LUCrE COUNTY FLA,
ROGER ?g!TRAS
CLEE~ CJ~CUIT COURT
RECORD '¢~AIFIED ....
OCT 9 il :L? AH'TO
October 7, 1970
Honorable Roger Poitras
Clerk, Circuit Court
Post Office Box 700
Fort Pierce, Florida 33450
Dear Mr. Poitras:
Pursuant to the provisions of Chapter 69-32, Laws
of Florida, Regular Session 1969, this will acknowledge
your letter of October 6 and certified copy of St. Lucie
County Ordinance No. 70-5, which was officially filed in
this office on October 7, 1970.
Trusting that you will feel free to call upon us
whenever we may be of service, I remain
Sincerely,
TOM ADAMS
Secretary of State
William L. Griffin,
Bureau of Laws and
Administrative Code
WLG/ms
./-o v.: , Z, ~' c% r J,,9',':
~. O. BOX 309
B. A. BITTAN, ,JR.
COUNTY PROSECUTING ATTORNEY'
BITTAN BUILD !rNG
FORT PIERCE, FLORIDA 33450
TEL_E. PHONE 461-8880
September 9, 1970
Board of County Commissioners
P.O. Box 700
Fort Pierce, Florida
Dear Sirs and Madam:
I have just received a telegram from Attorney General
Earl Faircloth advising me that Florida's Obscenity
Law, Section 847.011, Plorida Statutes, is again en-
forceable under a stay order signed last Thursday by
Supreme Court Justice Hugo Black.
Therefore, we are still at liberty to initiate ob-
scenity prosecutions under the above statute while
the Supreme Court considers the validity of the statute
on its merits.
Should you still wish to have a meeting concerning the
enactment of an anti-pornographic ordinance for St. Lucie
County, I will be glad to meet with you.
Sincerely yours,
B. A. Bittan, qr.
BABJr lg
cc: Honorable Charles T. Carlton
Honorable Ralph Wilson
Mr. Weldon B. Lewis
ORDINANCE NO. 70-5
An Ordinance defining the offense of distributing
obscene material; defining obscene material;
providing a penalty for distributing obscene
materials and providing an effective date.
BE IT ORDAINED BY THE BOARD OF-COUNTY COMMISSIONERS OF ST. LUCIE
COUNTY:
Section 1. A person commits the offense of distributing obscene
materials when he sells, lends, rents, leases, gives, advertises,
publishes, exhibits or otherwise disseminates to any person any
obscene material of any description, knowing the obscene nature
thereof, or who offers to do so, or who possesses such material with
the intent so to do.
Section 2. 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 utterly without redeeming social 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 not-
withstanding that processing or other acts may be required to make
the obscenity patent or to disseminate it.
Section 3. Material, not otherwise obscene, may be deemed
obscene under this Ordinance 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.
Section 4. A person convicted Qf distributing obscene material
shall be punished by fine not to exceed Five Hundred Dollars ($500.00)
or by imprisonment in the County Jail of St. Lucie County not to
exceed sixty (60) days or by both such fine and imprisonment.
Section 5. .This Ordinance shall take effect upon receipt of
official acknowledgment from the Office of the Secretary of State
that said Ordinance has been filed in said office.
Passed and duly enacted this ~ day of October, 1970.
~ierk~ of the Board of
County Commissioners of
St. Lucie County, Florida
Chairman' of-the B0ar~-of County
Commissioners of St. Lucie
County, Florida
September .3, 1970
Board of County Commissioners
P.O. Box ?00
Fort Pierce, Florida
Gentlemen:
I have Just received a copy of a memorandum dated
September 1, 1970, concerning a request by the Attorney
General of Florida for you to enact an Anti-Pornographic
Ordinance.
I will be happy to work in concert with the other of-
ricers who received copies of the letter, however, it
would be my suggestion that our State Attorney, Honor-
able Charles T. Carlton, also be invited to attend the
work session, which I assume you will be calling shortly,
as he and I have been coordinating our efforts locally
on this problem.
Sincerely yours,
B. A. Bittan, Jr.
BABJr lg
cc: Honorable Charles T. Carlton
Honorable Ralph B. Wilson
Mr. Weldon B. Lewis /
33.,~50
W. R. McCAIN, District No. ! · E. E. GREEN, District No. 2 JOHN B. PARK, District No. 3 · MARJORIE SILVER, District No. 4 · GEORGE D. PRICE, District No. 5
September 9, 1970
Mr. Charles T. Carlton
Attorney at Law
519 South Indian River Drive
Fort Pierce, Florida 33450
Dear Mr. Carlton:
Attorney General, Earl Paircloth, has requested each
County to enact an Anti-Pornographic Ordinance by letter of
August 26, 1970, a copy of which is enclosed. The Board of
County Commissioners will explore this matter at its Work
Session scheduled for September 14 at'l:30 P.M. in Room 103.
County Prosecuting Attorney, Bert Bittan, has requested that
you be asked to attend.
Sincerely yours,
Ralph 'B. Wilson
County Attorney
RBW/ll~
CC: ~eldon Lewis, County Administrator
J. R. Norvell, Sheriff
James Powell, Constable ~2
J. E. Parrish, Constable ~1
B. A. Bittan, County Prosecuting Attorney
Jack L. Rogers, County Judge
September
Board of C~unty Commissioners
P.O. Box 700
Fort Pierce, Florida
Dear Sirs and Madam~
I have just received a telegram from At~rney General
Earl Faircloth advising me that Florida's Obscenity
Law, Section 847.011, Florida Statutes, is again en-
forceable under a stay order signed las2 ~ursday by
Supreme Court Justice Hugo Black.
Therefore, we are stall at liberty to iaitiate ob-
scenitypr~secutions under the above statute while
the Supreme Court c~nsiders the validity of the statute
on its merits.
Should you still wish to have a meeting Concerning the
enactment of an anti-pornographic ordinance for St. Lucie
County, I will be glad to meet with you,
Sincerely you=S,
B. A. Bittan, Jr.
BABJr lg
cc: Honorable charles T. Carlton
H~norable Ralph Wilson
Mr. Weldon B. Lewis ~l~.-
P. O, BOX 309
B. A. BITTAN, ,JR.
COIINTY PROSECUTING ATTORNEY
B ITTAN BUILDING
FOI~T PIERCE, PLOI~.IDA 33,150
TELEPHONE ,461-B880
September 3, 1970
Board of County Commissioners
P.O. Box 700
Fort Pierce, Florida
Gentlemen:
I have just received a copy of a memorandum dated
September 1, 1970, concerning a request by the Attorney
General of Florida for you to enact an Anti-Pornographic
Ordinance.
I will be happy to work in concert with the other of-
ficers who received copies of the letter, however, it
would be my suggestion that our State Attorney, Honor-
able Charles T. Carlton, also be invited to attend the
work session, which I assume you will be calling shortly,
as he and I have been coordinating our efforts locally
on this problem.
BABJr lg
cc:
Sincerely yours,
B. A. Bittan, Jr.
Honorable Charles T. Carlton
Honorable Ralph B. Wilson
Mr. Weldon B. Lewis
Septe:ber 16, 1970.
St. Lucie County Board of Commissioners,
Port ?ierce, Plorida.
Gentlemen:
Th e Women's ~ociety of Chri:tian
Service of the Pirst United Methodist
Church, as a group, most sincer.~ly wishes
to urge you to pass the propo~ed ordinance
for the control of pornography in St.
Lucie County.
Yours sincerely,
WOI~iEN'~.SOCI~T~ OP C~ISTi~N SERa, ICE,
~{~,~cK in s e ~, ...... '
September 1, 1970
MEMORANDUM
TO:
FROM:
RE:
Board of County Commissioners
County Attorney
LETTER FROM ATTORNEY GENERAL
Attached hereto is a letter from the Attorney General
requesting the County to enact an Anti-Pornographic 'Ordinance.
I have furnished a copy of said letter to the Sheriff, Constables,
and the County Prosecuting Attorney, and would suggest that
they be requested to attend the Work Session at which this
matter is discussed.
RBW/llb
CC:~ounty Administrator
J. R. Norvell, Sheriff
James Powell, Constable $2
J. E. Parrish, Constable $1
B. A. Bittan, County Prosecuting Attorney
STATE OF FLORIDA
DEPARTMENT OF LEGAL 2kFFAIRS
TIlE CAPITOL
TALLAHASSEE~ FLORIDA 32304
August 26, 1970
Dear County Attorney:
Will you please advise your Board of County Commissioners to
take special emergency action to prevent Florida from becoming an
"open state" for smut peddlers. As you no doubt know, a federal
court in Jacksonville recently declared.Florida's obscenity law
unconstitutional and unenforceable.
The express terms of the federal court injunction prevent
Duval County Sheriff Dale Carson, State Attorney T. Edward Austin
and me from enforcing the state statute'in the future. However,
this prevents my office and its "Anti-Pornography Task Force"
from providing any assistance to law enforcement authorities in
future attempts at enforcement of the Florida obscenity statute.
Smut peddlers throughout the state will no doubt rely on this
federal court order and attempt to have other judges, both state
and federal, also declare the state statute unenforceable.
We cannot allow Florida to become "first in the nation in
pornography."
My'office has already taken emergency action to correct the
current crisis. We have asked the Supreme Court of the United
States to stay enforcement of the federal court order. We are
confident the High Court will grant our application for a stay.
However, we cannot allow ourselves to rely on the whim of
the Supreme Court on our stay application. Further action is
required now.
Last year in the federal courts, the smut peddlers brought
an action against the Georgia obscenity statute alleging it was
unconstitutional and unenforceable. The lower federal court
found that the statute was constitutional and enforceable. On
appeal the Supreme Court of the United States approved the find-
ings of the lower court. Gable v. Jenkins, 309 F. Supp. 998
(1969), affirmed U.S.__, 25 L.ed.2d 595, 90 S. Ct. 1351
(1970). This statute was expressly approved by the High Court
only last year.
The statute reads as follows:
(a) A person commits the offense of distributing obscene
materials when he sells, lends, ~, leases, gives, ad-
vertises, publishes, exhibits or otherwise disseminates to
Page Two
August 26, 1970
any person any obscene material of any description, knowing
the obscene nature thereof, or who offers to do so, or who
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 utterly without redeeming social value
and if, in addition, it goes substantially, beyon~ 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.
(d) A person convicted of distributing obscene material shall
for the first offense be punished as for a misdemeanor, and
for any subsequent offense shall be punished by imprisonment
for not less than one nor more than five years, or by a fine
not to exceed $5,000, or both. (Section 26-2101, Criminal
Code of Georgia.)
When your County Commission passes this statute verbatim
we will then "have on the books" obscenity ordinances which should
be impervious to constitutional assaults by smut peddlers and can
be enforced in the same manner as other County Ordinances.
If our counties enact such ordinances then Florida will have
some measure of state-wide protection. Make no mistake, however,
this would be only a "stop-gap" action until the Supreme Court
reverses the Jacksonville federal court or until our Legislature
can enact a new state statute.
We cannot stand idly by while smut peddlers overrun our state.
With your help much can be accomplished. Our decent citizens
and our children need help now. Thus, I am urgently requesting
that your County Commission pass, at its next meeting, as an
obscenity ordinance the above statute which should withstand court
attack. Florida will then not be left totally defenseless against
those who, for the chance to make a "quick buck," would flood our
communities with pornography of the grossest nature. Thank you
for your kind attention.
ATTORNEY GENERAL
EF/S1
SECRETARY OF STATE
STATE OF FLORIDA
THE CAPITOL
TALLAHASSEE 3;:'304
January 8, 1970
Honorable Roger Poitras
Clerk of the Circuit Court
Drawer 700
Fort Pierce, Florida
Dear Mr. Poitras: /
Pursuant to the provisions of Chapter 69-32, Laws
of Florida, Regular Session 1969, this will acknowledge
your letter of January 6 and certified copy of Ordinance
No. 69-4, which was officially filed in this office on
January 8, 1970.
Since the ordinance was adopted by the County
Commissioners on January 6, 1970, we have renumbered it
as St. Lucie 70-1.
Trusting that you will feel free to call upon us
whenever we may be of assistance, I remain
Sincerely,
TOM ADAMS
of
Admi]
Griffin
strative Code
Ch
WLG