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mc~v~o (Dmz) STorm January 30, 1974 ecrefar of fafe ~TAT~- OF FLO~IDA TH~'' CAPITOL TALLAHASSEE 3A304 f904) 488-39~8 Honorable Roger Poitras Clerk of Circuit Court Saint Lucie County Drawer 700 Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of January 28 and certified copy of St. Lucie County Ordinance No. 74-1, which was received and filed in this office on January 30, 1974. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State By L/ (Mrs.) Nancy Kavanaugh Chief, Bureau of Laws NK:mp ~e~ of the Board of County Commissioners of St. Lucie County, Florida Published Daily and Su,..~y m Except Saturday Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUClE Before the undersigned authority personally appeared Marvin De,Bolt. Sibyl B. Hall, who on oath says that he/she is Publisher, Business Manager of The News Tribmae, a daily newspaper pub- lished at Fort l~zerce in St. Lucie County, Florida; that the attach- ed copy ~of advertisement, being a ......... .N..9..t-..i--c-.9- ................................ in the matter of ...~.r.di~a~c.e..~I.o.~...7.h-.-.1 .......................................... ............................................ in the ................................................ Court, was published in said newspaper in the issues of ....1./.~/..7..~. .......... Affiant further says that the said News Tribune is a newspaper published at Fort Pierce, in said St. Lucia County, Florida, and that the said newspaper has heretofore been continuously published in said St. Lucia 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. Lucia 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 this 7th day of Jan. ~ ^; ....... .... .............. ....... ................... ....... ..... Notary Public NOTARY PUBLIC STATE OF F?ORIDA AT [ARO~ MY COMMISSION EXPIRES .tUNE 5. 1977 t~DNDED THRU GENERAL INSURANCE UNDERWPJTEI~ NO. 21~4 NOTICE NOTICE-IS HEREBY GIVEN that the Board of County .Com- missioners of. St. LuCia County, FlorlCl~, will et Its meeting et 9:~ A.M., on January ~, 1~4, in R~m 203 of the St. Lucte County CouH~u~ at Fort Pierce, F ~, consider the enactment of Or- dinate No. 74-1, a ~py of which attach~ hereto and by r~er~e made a part her~f. DATED this 2~ dayof Japery, 1974. /s/ R~er Poltras Roger Poltras Cl~k o~ the Board of C~ Commissioners of St. k~ County, Florl~ ORDINANCE NO. 74-1 An ordinance authorizing the B~d ~ C~n~ Commbsl~ers of St. L~ie Coun~ to en~r In~ ~n- tracts for the providing of In- termediate and skilled nursing h~ care ~r-~ In'client ~p~ of sai$ c~ a~ 24 ~r e~rg~cy r~m ~rvl~ at t~ F~t ~m~lal Hose}tel; ~ti~i~, ~n- firming and valuating any ' ~tt~e ~ fu~s ~ ~n~ f~ ~rvl~s ~i~ ~ t~ e~tlve 0f sai~ ~e a~ ~1~ '~ff~Jve ~. B~ I~; ORDAINED BY THE CO~ISSIO~$'~ :ST; LUOE · '~ien ~. T~ ~ard of C~nty Com~ ~, St.'~ c~m7 for"t~ prov~lng' bf and sklll~ n~rslng ~ ~re for the nd g~t ~ple ~f said C~nty an~ ~ h~ ~erge~y r~m ser- vice atthe F~t Pierce Memorial H~pital. ' S.ct~n 2. Any funds ex~end~ for these, pur~s and any ent~ed Into for these ~ur~s~ prior to the ~f~tlve date of this or- dinance · re ratified, conflr~ and validated. Section 3. This ~dJnance t. ke e~ u~n ~eipt of ~fflclal acK~wl~m~t from ~.~flce the S~reta~ of Sta~ that ~ or- dinance h.s ~n fi~d ~ s. ld Jan~ry 4, 1974 SECRE*AR¥ O~ ST^*~- STATE OF FLORIDA THE CAPITOL TALLAHASS EE 32304 (90,'4-) 488-3918 February 11, 1974 Honorable Roger Poitras Clerk of Circuit Court Saint Lucie County Drawer 700 Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge your letter of February 8 and certified copy of St. Lucie County Ordinance No. 74-2, which was received and filed in this office on February 11, 1974. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State By (/ (Mrs.) N'ancy Kavanaugh Chief, Bureau of Laws NK: mp ORDINANCE NO. 74-2 An ordinance prohibiting the parking of motor vehicles on certain portions of the rights of way of 50th Street, Avenue Q and Angle Road in St. Lucie County; defining the term parking; directing the Road Superintendent of said County to erect appropriate signs; providing a penalty for the violation of said ordinance and providing an effective date. WHEREAS, Section 316.008, Florida Statutes, authorizes the Board of County Commissioners to regulate or prohibit parking on any street or highway under its jurisdiction and, WHEREAS, the parking of motor vehicles in the vicinity of the intersections of 50th Street, Avenue Q and Angle Road, which are all under the jurisdiction of the County, creates a serious traffic problem, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMIS- SIONERS OF ST. LUCIE COUNTY: Section 1. The parking of motor vehicles, except in the case of an emergency, is prohibited on the right of way of 50th Street within 200 feet of its intersection with Angle Road. Section 2. The parking of motor vehicles, except in the case of an emergency, is prohibited on the right of way of Avenue Q within 200 feet of its intersection with Angle Road. Section 3. The parking of motor vehicles, except in the case of an emergency, is prohibited on the right of way of Angle Road within 300 feet of its intersection with Avenue Q. Section 4. The term parking as used herein means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaging in loading or unloading merchandise or passengers as may be permitted by law. Section 5. The Road Superintendent of said COunty is directed to erect the necessary signs to advise the public that such parking is prohibited. Section 6. Any person violating any provisions of this ordinance 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 7. 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 5th day of February, 1974. Chairman of the Board of County Commissioners of St. Lucie County, Florida the Board of County 'Commissioners of St. Lucie County, Florida THE NEW~ TRIBUNE Published Daily and Su, ~y ~ Except Saturday Fort Pierce, St. Lucia County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE Before the undersigned authority personally appeared Marvin De,Bolt. Sibyl B. Hall, who on oath says that he/she is Publisher, Business Manager of The News Tribune, a daily newspaper pub- lished at Fort ylerce in St. Lucie County, Florida; that the attach, ed copy ~of advertisement, being a ....... ..N. 9.-t.-i:.c.-.e. .................................. in the matter of ...... 9..r...d.~p....ap...c..e.....N. 9. ,. .. .7.4. .-. .2. ....................................... ............................................ in the ................................................. Court, was published in said newspaper in the issues of ...2[/3~h/.7.14 ....... 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 lie 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 this ......... .!..~...g- --h-- .... day of ..... ..~. ?....B....,. ...... ~ ........... ^,o ...... ................ ..... ............ (SEAL) Notary Public t,iOTARY PUBLIC STATE OF FLORIDA AT LARGE MY COMMISSION Ex?IRI~S JUNE 5. 1977 tOND"_D THRU GENERAL INSURANCE UNDERWRITERS NO, 21698 NOTI CE NOTICE IS HEREBY GIVEN that the Board of County Com: missioners of St. Lucia County, Florida, will at its meeting at 9:00 A.M., on February 5i 1974, in Room 203 of the St. Lucie County Courthouse at Fort Pierce, Florida, consider the enactment of. Or- dinance No. 74-2, a copy of whtch'ls affached hereto and by reference made a part hereof. DATED this 9th day of January, 1974. Roger Poitras Clerk of the Board of County Commissioners of St. Lucia County, Florida ORDINANCE .NO. 74-2 An ordinance prohibiting the parking of motor vehicles on certain portions of the rights of way of 50th Street, Avenue Q and Angle Road in St. Lucia County; defining the term parking; directing the Road Superintendent of said County to erect appropriate signs; providing a penalty for the violation of said or- dinance and providing an effective date. WHEREAS, Section 316~008, Florida Statutes, authorizes fha Board of County Commissioners to regulate or prohibit parking on any street,or highway under its iurisdic- tion and, WHEREAS, fha parking of motor vehicles in the vicinity of the in- terseCfion of 50th Street, Avenue Q and Angle Road, which are all under the jurisdiction of the County, creates a serious traffic problem, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY: Section 1. The parking of motor vehicles, except in the case of an emergency, is prohibited on the right of way of 50th Street within 200 feet of its intersection with Angle Road. Section 2. The parking of motor vehicles, except in the case of an emergehcy, is' prohibited on the right of way of Avenue Q within 200 feet of its intersection with Angle Road. Section 3. The parking of motor vehicles, except in the case of an emergency, is prohibited on the right of way of Angle Road within 300 feet of its intersection with Avenue Q. Section 4. The term parking as ORDINANCE NO. 74-3 An ordinance adopting the Southern Standard Building Code, 1973 edition, as the Building Code of St. Lucie County; providing a penalty for the violation of said. ordinance or code; repealing certain resolutions of 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, FLORIDA: Section 1. The Southern Standard Building Code, 1973 edition, as revised from time to time by the Southern Building Code Congress, is adopted by reference as the Building Code of St. Lucie County, Florida, to apply to the unincorporated areas of said county. A copy of said code shall be filed in the Office of the Director of Building and Zoning of said county and shall be available for public inspection during the regular business hours of said office. Section 2. Any person violating any provision of this ordinance or said code shall upon conviction be punished by a 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 3. Resolutions passed by the Board of County Commissioners of said county on December 17, 1958, May 6, 1959 and February 6, 1973 adopting or amending the County Building Code as well as all other resolutions in conflict herewith are repealed. 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 18th day of June, 1974. Cl~er~ of the Board of County Commissioners of St. Lucie County, Florida Chairman of the 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 Commissiongrs 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 on May 15,22t29 and June 5,1974, 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, 1974. i oitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida Published Daily and Sunday ... Except Saturday Fort Pierce, St. Lucia County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE DeBolt Sibyl . ys ~nat ne/she is Publisher, Business Manager of The News Tribune, a daily newspaper pub- lished at Fort f'~erce in St. Lucie County, Florida; that the attach, ed copy .of advertisement, being a .... 3I~.t. ic.e. ..................................... in the matter of O~-d-~na~ca..~[os ..... 7.14-'--3,-..Th..h.,....7.h.,..~ ............. ............................................ in the ................................................ Court, was published in said newspaper in the issues of -.-5,L.l-~.-.22.-.2.q.-6/5/714 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 lie 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 ~ t h . . June .. this ........................ (lay or ........... ~'? __ ..... .............. (SEAL) NOT~¥ PUJ[IC STATE OF r~OR~DA AT tAl~tary Public MY COMMiSSiON £X?IRSS JUNE 5, 1977 I~ONDC_D THRU GENC~RAL INSURANCE UNDERWRITERS No. 22469 NOTICE NOTICE IS HEREBY GIVEN ~,a_t_,t.he .Board of County com. _.9~J.oners of St. Lucia County; ~'~or~oa, will at Ifs meeting at 9:00 A.M. on June ] ~, 1974 In Room 203 of the St. Lucia County Courthouse et Fort Pierce, Florida, hold a ~ubli¢ ]h~,a_r!ng_.as required by Section s.~, ~mrlde Statutes, 'to consider. the enactment of Ordinances No. }4- 3, 74-4 end 7'4-5, copies of which are attached hereto and by reference made a Part hereof.. DATED this 9th day of May, 19)41 (s} Roger Poltres Roger Pbltras Clerk ~f the Board of County Commlsslooers Of St. Lucia County, Florida, ORDINANCE NO. 74-3 An ordinance adopting the Southern Standard Building Code, ~973 edition, as the Bul ding Code of St. Lucia County; prov. ldllig a penalty for the violation of ~ald or- dinance or code; repealing certalr resolutions of the Board of Count) Commissioners of said county an(: providing an effective date[ BE 'IT ORDAINED B~ THE BOARD OF COUNTY COMMISSIONERS OF ST. LUClE COUNTY, FLORI DA: Section L The Southern Standard Building Code, 1973 edition, as revis- ed from time to time by the Southern Building Code Congress, Is adopted by reference' as the. Building Cede of St. Lucle County, Florida, to apply to the unincor- porated areas of said County. A COpy of said code shall be flied In the Of. rice of the Director of Building and Zoning of said county and shal be available for public Inspection dur~ lng the regular business hours of said bfflce. Section 2.. Any person violating · any provision 'of this ordinance or said cede shall upon conviction be punished by a fine not to exceed Five Hundred Dollars ($500.00} or by imprisonment in the COunty Jell of St. Lucia County not to exceed six- ty (60} days or by both such fine and imprisonment. Section 3. Resolutions Passed by the Board of County Commissioners of said cgunty on December 17, ~958, May 6, 1959 and February 6, 1973 adopting or amending the County Building Code es well as all other resolutions in conflict herewith are repealed~ Section 4. This ordinance shall ' take effect u=~n r~.-.~., ~, .,,,-,_, ORDINANCE NO. 74-4 An ordinance adopting the Southern Standard Plumbing Code, 1971 edition, with the 1973 reVisions, as the Plumbing Code of St. Lucie County; providing a penalty for the violation of said ordinance or code; repealing certain resolutions of 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, FLORIDA: Section 1. The Southern Standard Plumbing Code, 1971 edition, with the 1973 revisions and as revised from time to time by the Southern Building Code Congress, is adopted by reference as the Plumbing Code of St. Lucie County, Florida, to apply to the unincorpor- ated areas of said county. A copy of said code shall be filed in the Office of the Director of Building and Zoning of said county and shall be available for public inspection during the regular business hours of said office. Section 2. Any person violating any provision of this ordinance or said code shall upon conviction be punished by a 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 3. Resolutions passed by the Board of County Commissioners of said county on April 22, 1959 and March 10, 1964 adopting or amending the County Plumbing Code as well as all other resolutions in conflict herewith are repealed. 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 18th day of June, 1974. the Bo'ard of County Commissioners of St. Lucie County, Florida Chairman of the Board of County Commissioners of St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUCIE I, ROGER POI~RAS, 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 on .May 15,22,29 and Ju~e 5,1.974, 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, 1974. Rog~ ~oitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida ORDINANCE NO. 74-4 An ordinance adopting the Southern Standard Plumbing Code, 1971 edition, with the 1973 revisions, as the Plumbing Code of St. Lucie County; providing a penalty for the violation of said ordinance or code; repealing certain resolutions of 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, FLORIDA: Section 1. The Southern Standard Plumbing Code, 1971 edition, with the 1973 revisions and as revised from time to time by the Southern Building Code Congress, is adopted by reference as the Plumbing Code of St. Lucie County, Florida, to apply to the unincorpor- ated areas of said county. A copy of said code shall be filed in the Office of the Director of Building and Zoning of said county and shall be available for public inspection during the regular business hours of said office. Section 2. Any person violating any provision of this ordinance or said code shall upon conviction be punished by a 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 3. Resolutions passed by the Board of County Commissioners of said county on April 22, 1959 and March 10, 1964 adopting or amending the County Plumbing Code as well as all other resolutions in conflict herewith are repealed. 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 18th day of June, 1974. 'Cl~rk~/of the Board of County Commissioners of St. Lucie County, Florida Chairman of the 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 on May 15,22,29 and June 5,1974, 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, 1974. Ro~r/Poitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida ORDINANCE NO. 74-5 An ordinance adopting the Southern Standard Mechanical Code, 1973 edition, as the Mechanical Code of St. Lucie County; providing a penalty for the violation of said ordinance or code; and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. The Southern Standard Mechanical Code, 1973 edition, as revised from time to time by the Southern Building Code Congress, is adopted by reference as the Mechanical Code of St. Lucie County, Florida, to apply to the unincorporated areas of said county. A copy of said code shall be filed in the Office of the Director of Building and Zoning of said county and shall be available for public inspection during the regular business hours of said office. Section 2. Any person violating any provision of this ordinance or said code shall upon conviction be punished by a fine not to exceed Five Hundred ($500.00) Dollars 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 18th day of June, 1974. Chairman of the Board of County Commissioners of St. Lucie County, Florida C~r~of the 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 on May 15,22,29 and JuNe 5,1974, 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, 1974. RQ~er~oitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida ORDINANCE NO. 74-5 An ordinance adopting the Southern Standard Mechanical Code, 1973 edition, as the Mechanical Code of St. Lucie County; providing a penalty for the violation of said ordinance or code; and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. The Southern Standard Mechanical Code, 1973 edition, as revised from time to time by the Southern Building Code Congress, is adopted by reference as the Mechanical Code of St. Lucie County, Florida, to apply to the unincorporated areas of said county. A copy of said code shall be filed in the Office of the Director of Building and Zoning of said county and shall be available for public inspection during the regular business hours of said office. Section 2. Any person violating any provision of this ordinance or said code shall upon conviction be punished by a fine not to exceed Five Hundred ($500.00) Dollars or by imprisonment in the County Jail of St. Lucie County not to exceed sixty (60) days or by both such f~ne 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'18th day of June, 1974. C~erR of 'th'e Board of County CommissiOners of St. Lucie County, Florida Chairman of the 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 on May 15,22,29 and June 5,~9~4, 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, 1974. Rog~r~Poitras, Clerk of the Board of County Commissioners of St. Lucie County, Florida SECRETARY OF STATE STATE Of FLORIDA THE CAPITOL TALIAHASS EE 32304 (904) 48~-39,8 Honorable Roger Poitas Clerk of Circuit Court St. Lucie County Drawer 700 Fort Pierce, Florida Dear Mr. Poitas: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of certified copies of St. Lucie County Ordinances Nos. 74-3, 74-4, 74-5 and 74-6, which were received and filed in this office on June 24, 1974. Kindest regards. Cordially, RICHARD (DICK) STONE Secretary of State NK; mp THE NEW~ "RIBUNE Published Daily and Sunday ~ Except Saturday Fort Pierce, St. Lucie County, Florida STATE OF FLORIDA COUNTY OF ST. LUClE Before the undersigned authority personal!y appeared Marvin De,Bolt. Sibyl B. Hall, who on oath says that he/she is Publisher, Business Manager of The News Tribune, a daily newspaper pub- lished at Fort l~erce in St. Lucie County, Florida; that the attach- ed copy of advertisement, being a ...... .N..9..t.~..q.e. .................................... in the matter of ...O..r..d..'.x..n..a...n..c...e._..~.~..o..,....7.4.-...6. ........................................... ............................................ in the ................................................ Court, was published in said newspaper in the issues of ......... ~.f.?...8./.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 ~aas 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 this ....... ?.Lh. ...... day of ...... ~.~ ..... "~"~"f? ~ © ./~1 £~F A.D ......... .]r..9..~. ~... f~. I/-',,/3 ...... (~-._.C~.-.17T-~- -~7-------J-~----~----~~ ............... :"L'L~L~ .... ;:";;'~'/~;'~';8 n^ xt t'~ ...... ;~"L. No. 22/zJ NOTICE NOTICE IS HEREBY GIVEN that the Board of County Com- missioners of St. Lucie County, Florida, will at its meeting at 0:00 A.M. on June ]8, 1974 in Room 203of the St. Lucie County Courthouse at Fort Pierce, Florida, hold a public hearing to consider the enactment of Ordinances No. 74-6 and 74-7, copies of which are attached hereto and by reference made a part hereof. DATE D this 21 st day of May, 1974. /s/ Roger Poitras Roger Poitras Clerk of the Board of County zrmissioners of St. Lucie County, Florida ORDINANCE NO. 74-6 An ordinance making it unlawful to throw, discard, place or deposit litter or junk in the unincorporated areas of St. Lucie County; defining the terms "junk", "litter," and "person"; providing a penalty for the violation of said ordinance; repealing certain resolutions and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY "OMMISSIONERS OF ST. LUCIE 3OUNTY, FLORIDA: Section 1. For the purpose of this 3rdinance, the following words shall have the meaning indicated: (]) "Junk" means pieces, parts or discarded whole units of metal, rubber, plastic, glass or other ob- jects manufactured from either )rganic or inorganic materials in- :luding discarded appliances, fur- qiture, motor vehicles and the parts thereof. (2) "Litter" means any garbage, 'ubbish, cans, bottles, containers, trash, refuse and papers. (3) "Person" means any in- Jividual, firm, corporation or unin- :orporated association. Section 2. It is unlawful for any 3erson to throw, discard, place or Jeposit litter or junk in any manner )r amount whatsoever in or on any 3ublic highway, road, street, alley, ~horoughfare or any other public ands in the unincorporated areas of it. Lucie County, except in con- tainers or areas lawfully provided therefore. Section 3. It is unlawful for any ~rson to throw, discard, place or Jeposit any litter or junk in any ~anner or amount whatsoever in or )n any fresh water lakes, rivers, streams or tidal or coastal waters in the unincorporated areas of St. ~ucie County. Section 4. It is unlawfu~ for any ~rson to throw, discard, place or ORDINANCE NO. 74-6 An ordinance making it unlawful to throw, discard, place or deposit litter or junk in the unincorporated areas of St. Lucie County; defining the terms "junk", "litter? and "person"; providing a penalty for the violation of said ordinance; repealing certain resolutions and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. For the purpose of this ordinance, the following words shall have the meaning indicated: (1) "Junk" means pieces, parts or discarded whole units of metal, rubber, plastic, glass or other objects manufactured from either organic or inorganic materials including discarded appliances, furniture, motor vehicles and the parts thereof. (2) "Litter" means any garbage, rubbish, cans, bottles, containers, trash, refuse and papers. (3) "Person" means any individual, firm, corporation or unincorporated association. Section 2. It is unlawful for any person to throw, discard, place or deposit litter or junk in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands in the unincorporated areas of St. Lucie County, except in containers or areas lawfully provided therefor. Section 3. It is unlawful for any person to throw, discard, place or deposit any litter or junk in any manner or amount whatsoever in or on any fresh water lakes, rivers, streams or tidal or coastal waters in the unincorporated areas of St. Lucie County. Section 4. It is unlawful for any person to throw, discard, place or deposit litter or junk in any manner or amount whatsoever on any private property in the unincorporated areas of St. Lucie County unless the prior written consent of the owner of said private property has been given. ~EMORA/~DUM ON LITTERING In order to overcome the evidentiary problems this office has encountered in the past in prosecuting "litter" cases, this office proposes the following: The County Commission amend its "Litter" Ordinance to include within its prohibition, persons "who cause litter to be deposited," and also to provide for a presumption that the existence of any litter containing evidence of ownership of the litter would be prima facie evidence of the depositing of the litter. I have also recommended to our State Representative, Charles Nergard, that an amendment to the State "Litter" Law be enacted creating such a presumption in the State "Litter" Law. I have prepared such a proposed amendment to the County "Litter" Ordinance, which changes are indicated by broken underscoring, for the Commission's study and passage. Similar presumptions have been created by our State Legislature in criminal areas where the evidence of the actual commission of a crime is entirely circum- stantial. An example of this is where a meter has been tampered with, there is a presumption that the person receiving the electric current therefrom is the person who tampered with the meter. I believe that such a presumption for "litter" cases would enable this office to establish a prima facie case in Court (some- thing we have been unable to do in the past), and also would require the person whose identity is established from the evidence contained in the litter to prove that he or she did not deposit the litter. The County Commission take advantage of the most recent amendment to the State :'Litter" Statute (a copy of which is to be furnished to each Commissioner) by directing the head or heads of the County Park or Recreation Department to designate certain employees to enforce the State "Litter" Statute. Such employees would be considered "law enforcement officers" for the sole purpose of enforcing the State "Litter" Statute. The amendment provides that the County Commission shall determine the training and qualifications of such employees. I have requested a fo~n~al opinion from the Attorney proof of the act of depositing the litter. Although the County Attorney, Mr. Wilson, has a letter from Attorney General Faircloth dated April 19, 1967, that letter is not a formal opinion of the Attorney General, nor is it contained in the official reports of the Attorney General. Further, the letter does not face the issue of whether proof of origin is sufficient proof of the act of littering. It merely points out that a peace officer can arrest a person without a warrant if the act was committed in his presence, or that a warrant could be issued by a magistrate, if in his opinion, there was sufficient evidence presented by affidavit or witness to establish the probable cause to believe that a particular person committed the offense in question. There appears to be some question as to who has the authority to issue arrest warrants. The statement has been made that only the State Attorney can issue arrest warrants. This is simply not the case. Under no circumstances does the page two State Attorney have the authority to issue an arrest warrant. An arrest warrant can only be issued by a circuit judge, cQunty judge or by a municipal judge for the violation of a municipal ordinance. Although this office does not have the authority to issue an arrest warrant, we do prepare the warrants as a matter of convenience for the judges in St. Lucie and Indian River Counties. In Martin and Okeechobee Counties, the judges themselves prepare the arrest warrants. The State Attorney's Office does not, however, make determination as to whether there is sufficient probable cause for the issuance of an arrest warrant. This office does not have that authority. The only person who decides that is a judge. It is our desire to cooperate in every way with the County Commission and all citizens in the enforcement of all County Ordinances and State Statutes. We will do so within the scope of our authority and within our constitutional mandate that we prosecute in good faith. (See 1974 Supreme Court Case which is attached to this package.) ROBERT E. STONE STATE ATTOrnEY NI~ETEENTH JUDICIAL CIRCUIT AMEN Df4E '~,~T TO ORDZ~[Y2~CE NO. 74-6 BE IT ORDAINED BY THE BOARD OF COUNTY CO~.IMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. Definitions: For the purpose of this ordinance, the following words shall have the meaning indicated: (1) "Junk" means pieces, parts or discarded whole units of metal, rubber, plastic, glass or other objects manufactured from either organic or inorganic materials including discarded appliances, furniture, motor vehicles and the parts thereof. (2) "Litter" means any garbage, rubbish, cans, bottles, containers, trash, refuse and papers. (3) "Person" means any individual, firm, corporation or unincorporated association. Section 2. Litter or junk in or on roads or public lands: It shall be unlawful for any person to throw, discard, place or deposit, or cause to be thrown,-discarded, placed or deposited, litter or junk in any manner or amount whatsoever in or on any public highway, road, street, alley, thoroughfare or any other public lands in the unincorporated areas of St. Lucie County, except in containers or areas lawfully provided therefor. Section 3. Prima facie evidence of violation of Section 2: The existence of any litter or junk, in or on any public highway, road, street, alley, thoroughfare or any other public lands in the unincorporated areas of St. Lucie County, containing evidence of ownership of the litter~ shall be prima facie evidence of intent to violate and of the violation of Section 2 by the person whose name appears within the litter. Section 4~ Litter or junk in or on public waters: It shall be unlawful for any person to throw, discard, place or deposit, or cause to be thrown, discarded, placed or deposited, any litter or junk in any manner or amount whatsoever in or on any fresh water lakes, rivers, streams or tidal or coastal waters in the unincorporated areas of St. Lucie County. Section 5. Prima facie evidence of violation of Section 4: The existence of any litter or junk, in or on any fresh water lakes, rivers, streams or tidal or coastal waters in the unincorporated areas of St. Lucie County, containing evidence of ownership of the litter, shall be prima facie evidence of intent to violate and of the violation of Section 4 by the person whose name appears within the litter. Section 6. Litter or junk in or on private property: It shall be unlawful for any person to throw, discard, place or deposit, or cause to be thrown, discarded, placed or deposited, litter or junk in any manner or amount whatsoever on any private property in the 6nincorporated areas of St. Lucie County, unless the prior written consent of the owner of said property has been given, and unless said litter will not cause a public nuisance. Section 7. # Prima facie evidence of violation of Section 6: The existence of any litter or junk, in or on any private property in the unincorporated areas of St. Lucie County, containing evidence of ownership of the litter, shall be prima facie evidence of intent to violate and of the violation of Section 6 by the person whose name appears within the litter. SECRETARY OF STATE Dorothy W. Glisson July 25, 1974 STATE Of FLORIDA the CAPITOL tALLAHASSE E 32304 (904) 488-3918 Honorable Roger Poitras Clerk of Circuit Court Saint Lucie County Drawer 700 Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes this will acknowledge receipt of a certified copy of Saint Lucie County Ordinance No. 74-7, which was received and filed in this office on July 25, 1974. Kindest regards. Cordially, DOROTHY W. GLISSON Secretary of State Chief, Bureau df Laws NK/mp ORDINANCE NO. 74- ~ An ordinance adOpting a comprehensive land use plan for the Hutchinson Island area of St. Lucie County known as the Hutchinson Island Land Use Plan; Defining the territorial boundaries of the term "Hutchinson Island"; describing the intent, purpose and objectives of said plan; providing an effective date. WHEREAS, Florida Statutes, Section 125.01, grants the Board of County Commissioners of St. Lucie County, Florida, the power to develop and enforce comprehensive plans for the development of the county; to develop and enforce plans for the control of traffic and parking; and to provide waste and sewage collection and disposal and water supply programs; and WHEREAS, Chapter 55-31235, Special Acts of Florida, 1955, as amended, granted said Board the authority to adopt zoning regulations in the territory ~ithin St. Lucie County which is not included in the corporate limits of any city or town; and WHEREAS, on May 15, 1973, said Board placed in effect a moratorium which held in abeyance for a period of ninety (90) days the considera- tion of any application for rezoning in the Hutchinson Island area of St. Lucie County pending the preparation of a comprehensive land use plan and land use policies for said Hutchinson Island area; and WHEREAS, said comprehensive land use plan and land use policies for said Hutchinson Island area has been submitted to said Board; and WHEREAS, various public .meetings have been held within St. Lucie- County to obtain public comment and information concerning the provisions, assumptions and conclusions contained in said comPrehensive land use plan and land use policies for said Hutchinson Island area. NOW, THEREFORE, be it ordained by the Board of County Commis- sioners of St. Lucie County, Florida, as follows; Section 1. For the purposes of this ordinance the term "Hutchinson Island area" is defined as the unincorporated area of St. Lucie County within the strip of land bordered on the west by the Indian River, on the east by the Atlantic Ocean, on the north by Indian River County line and on the south by the Martin County line. For the purposes of this ordinance the term "Hutchinson Island Land Use Plan" shall be deemed to refer to that certain comprehensive land use plan and land use policies including maps prepared by the RMBR Planning/Design Group with the exception of the land use plan map on the unnumbered page following page no. 23. Section 2. The Hutchinson Island Land Use Plan, as above amended, prepared by the RMBR Planning/Design Group and approved by the Board of County Commissioners simultaneous with the adoption of this ordinance, is hereby approved as an official land use plan of St. Lucie County for said Hutchinson Island area, a copy of said Hutchinson Island Land Use Plan being incorporated herein by reference. Section 3. It is hereby declared that the intent and purpose of said plan is to provide an official guide and advisory planning tool for the orderly future development and use of land within said Hutchinson Island area for use by the Board of County Commissioners of St. Lucie County, the Planning and Zoning Commission of St. Lucie County, other existing or subsequentl~ created boards or agencies of St. Lucie County government, municipalities and other state or local government agencies or districts. Said Hutchinson Island Land Use Plan is intended to promote an arrangement of land use, of traffi~ circulation, of utilities, of public services, and of density limitations compatible with the available material resources and in conformity with the ecOnomic and physical health, safety and welfare of the citizens of St. Lucie County and said Hutchinson Island area based upon a consideration of the following factors: -2- (a) The unique geographic configuration of said Hutchinson Island area. (b) The population projections for said Hutchinson Island area. (c) The existing land use classifications within said Hutchinson Island area and adjacent municipalities. (d) Existing traffic flow within said Hutchinson Island area and projected methods of increasing the capacity of traffic, both public and private, within said Hutchinson Island area. (e) Existing and potential limits of an available water supply. (f) Existing sanitary sewerage systems and projected capability for expansion. (g) The demand for public services required by the population projections. (h) The preservation of the rivers, waterways and mangrove areas as a vital and irreplaceable natural resource. (i) The preservation and promotion of the economic, social and physical health, safety, welfare and convenience of said Hutchinson Island area and the other areas of St. Lucie County. Said Hutchinson Island Land Use Plan is not intended to be an official zoning map but is rather intended to be a reference and planning tool for guidance in decisions on land use, allocation and preservation of natural resources and establishment of public services. Section 4. The objectives sought by the Board of County Commissioners of St. Lucie County in the adoption of said Hutchinson Island Land Use Plan are: (a) To designate adequate lands at appropriate locations for various private land uses in the quantities and at the densities required to accommodate projected population. (b) To encourage the preservation and enhancement of the rivers,~.waterways-.and~mangrove areas of St. Lucie County as a paramount natural resource. (c) To make provision for housing and commercial establishments of such types, sizes and densities as are required to satisfy the varying needs and desires of all economic segments of said Hutchinson Island area while optimizing the opportunity for individual choice within the constraints imposed by land and water availability, land and development costs, transportation needs, and population growth. (d)~ To allccate and distribute commercial lands for retail, service, tourism and office facilities in quantities and patterns based upon planning principles and standards. (e) To provide a basis and plan for the location and programing of public services and utilities and to coordinate the phasing of public facilities with private development. ~ (f) To make provision for a traffic circulation system coordinated with land uses and densitiesl and adequate to accom- modate necessary traffic movement. 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 July, 1974. Chairmah of the Board of County Commissioners of St. Lucie County, Cl~rk~ of the Board of County Commissioners of St. Lucie County, Fl~ida -4- SECRETARY OF STATE Dorothy W. Glisson December 1S, 1974 STATE OF FLORIDA the CAPITOl TALLAHASSE E 32304 (904) 488-3918 Honorable Roger Poitars Clerk of Circuit Court St. Lucie County Drawer 700 Fort Pierce, Florida Dear Mr. Poitras: Pursuant to the provisions of Section 125.66, Florida Statutes this will acknowledge receipt of a certified copy of St. Lucie County Ordinance No. 74-8, which was received and filed in this office on December 13, 1974. NK; mp Enclosure Kindest regards. Cordially, DOROTHY W. GLISSON Secretary of State By / ' (Mrs.) Nap(fy Kavanaugh Chief, Bureau of Laws ORDINANCE NO. 74-8 An ordinance authorizing the Board of County Commissioners of St. Lucie County to vacate, abandon, discontinue and close any park delineated on any recorded plat in the un- incorporated areas of said county and to sell the land comprising said park if the plat does not contain a reversionary clause; providing for a public hearing and the notice thereof to be published and mailed; providing that any action by said board under this ordinance shall be by resolution, a copy of which together with certain proofs of publi- cation shall be recorded and providing an effective date. BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ST. LUCIE COUNTY, FLORIDA: Section 1. The Board of County Commissioners of St. Lucie County, with respect to property located outside the corporate limits of any municipality in said county, is hereby authorized to vacate, abandon, discontinue and close any park delineated on any recorded plat and to sell the land comprising said park as hereinafter provided. Section 2. Upon petition to the Board of County Commissioners by the owners of the lots in said recorded plat that abut such park, the board shall hold a public hearing and shall publish notice there- of once a week for at least two (2) weeks prior to the date stated therein for the hearing in a newspaper of general circulation in said county. If the plat on which such park is delineated does not contain a reversionary clause whereby said land reverts to the dedicators, their heirs, successors or assigns, such notice shall also call for bids for sale of the land comprising said park and shall require that all bids must be accompanied by a cashiers or certified check in an amount of not less than ten (10%) percent of the bid submitted. A copy of such notice shall be mailed to the owners of all lots in the subdivision which are within 300 feet of such park at their last known address, as disclosed by the last tax assessment roll of said county, at least two (2) weeks prior to the date of said hearing. After such public hearing, any action of the board shall be evidenced by a resolution duly adopted and entered upon the minutes of said board. Notice of the adoption of such a resolution by the board shall be published one time, within thirty (30) days following its adoption, in one issue of a news- paper of general circulation published in said county. The proof of publication of notice of public hearing, the resolution as adopted and the proof of publication of the notice of the adoption of such resolution shall be recorded in the public records of said county. 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 December, 1974. Cle~ ~f the Board of County Commissioners of St. Lucie County, Florida Chairman of the Board of County Commissioners of St. Lucie County, Florida