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Home My WebLink About04-018ORDINANCE NO. 04-018 AN ORDINANCE AMENDING CHAPTER 1-15, ARTICLE TI REGULA'I"rON5 FOR PROPER'I'ZE5 AND FACZL..T'I'~E5 OWNED OR LEASED B'Y THE COUNTY, OF THE 5T.LUCIE COUNTY CODE OF ORDINANCES BY REGULATING THE AREAS FOR GOLF AC'F~VITIE$, PROHIBITING DISTURBING PARK LANDS, AND CORRECTING THE DIRECTOR'5 TITLE WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has made the following determinations: 1. Section 125.01(1)(c) and (f), Florida Statutes, authorizes playgrounds, recreation areas, rights of way, and other public properties and facilities; and, 2. Section 125.01(1)(t) authorizes the Board to adopt ordinances necessary for the exercise of its powers; and, 3. The enjoyment, conservation, and protection of the properties and facilities owned or leased by St. Lucie County require the adoption of regulations to govern the use of such areas in accordance with the purposes for which those areas were intended; and, 4. It is in the best interest for the health, safety, and public welfare of the citizens of St. Lucie County to regulate the area for golf activities. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE Il OF CHAPTER 1-15 (REGULATION5 FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY Article II of Chapter 1-15 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read os follows: Underlined portions ore odded. 5,*rue',; thr;u§',; portions ore deleted. G: \A TTV\ ORDNANCE\ 2004 \O4_OI8.wpd Page 1 of 5 AR'T'ICLE TI. REGULATIONS FOR PROPERTIES AND FACZLTTIE$ OWNED OR LEASED BY ST. LUCIE COUNTY SECTION 1-15-18. PRESERVATION OF BUILDING5 AND OTHER PROPERTY. (o) No person shall willfully mark, deface, disfigure, injure, tamper with, displace, or remove any buildings, bridges, tones, benches, fireplaces, railings, paving or paving material, water lines or other public utilities, signs, notices or placards, monuments, stakes, posts, or other boundary markers, or other structures, equipment, facilities, or appurtenances located in the areas regulated by this article. (b) No person shall damage or remove plants or plant materials, trees, or parts thereof, or any flowers or nuts or seeds whatsoever; nor shall any person dig in or otherwise, disturb grass areas, or in any other way injure or impair the natural beauty or usefulness of any oreo, except that pork personnel may be empowered to make such removals and scientists and students of botany may be given specimen collecting permits by the ~ ..... :-*--a--* -~ tL~eef~4en Director of Porks & Recreation of St. Lucia County. (c) No person shall dig, move, or remove from any oreo regulated by this article, any clay, beach sand, soil, rocks, stones, down timber or other woods or materials; or make any excavations by hand, tool, equipment, blasting or other means or agency, or shall construct or erect any building, structure, tent, or shelter, or shall erect or use any electronic sound amplifying device, or shall run or string any public utilities into, across, or over any area regulated by this article, unless authorized by permit or easement. (d) No person shall engage in golfing activities in an area regulated by this article. except in an area that has been designated and marked for said operation. SECTION 1 - 15-19. OVERNIGHT CAAAPING. (a) Overnight camping shall be prohibited in the areas regulated by this article unless specifically authorized by permit from the.~.F~, c ..... ,,,, ~,,-~,,, :-*-- -'--* v,-~ ~,n ..... ~, ,v,,*:-- Director of Parks & Recreation of .St. Lucie County. (b) Bringing into a regulated area and using for overnight occupancy any house trailer, camp trailer, camp wagon, or any form of moveable structure, or special vehicle, is prohibited, except where specifically allowed by permit. Underlined .portions ore added. -.~,*r:.'ck t~rc',;gh portions ore deleted. G-: \ATTY\ORDNANGE\2004\04-0][8.wpd Page 2 of 5 SE6'I'ION 1 - 15- 26. ~ROUP FUNCTZONS. No group shall hold a function or event on an area regulated by this article unless authorized by permit from the c ,,,~ .............. of n .....+:-- Director of Parks & Recreation of St. Lucia County pursuant to applicable regulations. SECTZON 1-15-27. PERMITS. (a) All requests for permits required under this article shall be made in writing upon an application form to be furnished by the ~ .......... ~ Director of Parks & Recreation of St. Lucia County, ~hich shall require the follo~ing: (1) activity involved; the name and address of the applicant proposing or sponsoring the (2) the purposes of activities to be engaged in by the participant; (3) the dote and hours for which the permit is desired; (4) the specific areas for which the permit is requested; (5) activity involved; the estimated number of persons who will attend or participate in the (6) permit required; a statement of any special circumstances which are material to the (7) utilities needed for the event; and, (8) the person who will be responsible for cleaning the oreo of any trash or debris, and who will be responsible should any damage occur to the facilities. (b) ;If the areas regulated by this article will be available for use on the date and time requested and is not subject to a prior reservation, the c ..... Director of Porks & Recreation of St. Lucia County may issue a permit if he finds the area use applied for to be in accordance ~ith the purpose for which such oreo is designated or intended, and further, that the proposed activity ~ill not unreasonably interfere ~ith or Underlined .portions are added. ...... ,..L ..... "portions are deleted. 6: \A TTY\ ORDNANCE\aOO4 \O4-O18.wpd Page 3 of 5 detract from the general public enjoyment of the remaining areas regulated by this article, or interfere with or endanger public health, welfare, or safety, or entail unusual, extraordinary, or burdensome expense for supervision, maintenance, cleanup, or Police protection by the City of Fort Pierce or the St. Lucia County Sheriff's Department. (c) Within ten (lO) days after receipt of an application for permit, the ~-~ ............... , ....... iol, b/rector of Parks & Recreation of St. Lucia County shall either approve or deny the application and advise the applicant accordingly, either in person or by mail. If an application is denied, the Recreation of St. Lucia County at the time of notification shall apprise the applicant in writing of the reasons for such refusal. Any person aggrieved by a denial shall have the right of appeal to the Board of County Commissioners, which shall consider the application under the standards set forth above and, without undue delay, sustain, overrule, or modify the decision of the ~ ..... ~,,~ .............. of R¢crcatiol, Director of Parks & Recreation of St. Lucia County. (d) Permits shall be issued subject to applicable regulations, and to such special regulations and instructions as may be prescribed by the ~irector of Porks & Recreation of St. Lucia County. The~,~, ~ ..... ,,,,~,,~,,,:-'--~-* of n ..... ..... ~*:~' ..... Director of Porks & Recreation of St. Lucia County, or any officer of the Fort Pierce Police Deportment or the St. Lucia County Sheriff's Deportment, shall hove the authority to revoke o permit upon finding violation of any provision of this article, any applicable regulation, or any condition of the permit. PART B. CONFI.ZCTZN~ PROVTSTONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucia County, County Ordinances, and County resolutions, or parts thereof, in conflict with this ordinance are hereby superceded by this ordinance to the extent of such conflict. PART C. 5EVERABTLTTY AND APPLT. CABZLTTY. If any portion of this ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this ordinance or any provision thereof shall be held to be inapplicable to any person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. Underlined portions are added. ~ ..... "*u ..... ~- portions a~¢ deleted. G: \A TTY \ OI~bNANCE\~OO4 \ O4-O~.8.wpd Page 4 of § PART b. FII.3:NG WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed forthwith to send o certified copy of this ordinance to the Bureau of Lows, beportment of 5tote, The Capitol, Tollohossee, Florida 32304. PART E. EFFECTJ::¥E bATE. This Ordinance shall toke effect upon adoption. PART F. AbOPT]:ON. After motion and second, the vote on this ordinance wes os follows: Chairman Poulo Lewis Vice Chairman .Tohn Bruhn Commissioner Frannie Hutchinson Commissioner Cliff Barnes Commissioner Doug Coward AYE NAY AYE AYE AYE PART G. CODTF'rCATION. Provisions of this ordinance shell be incorporated in the code of Ordinances of St. Lucia County, Florida, and the word "ordinance" may be changed to "Section", "article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that ports B through G shall not be codified. PASSED AND DULY ADOPTED this 6th day of April, 2004. BOARD OF COUNTY COMMIS$1tO~Ei~", .,_ ~ ST. LUCIE COUNTY, FLORIDA'.,~~'"" .... - =~;~ ' APPROVED AS TO FORM AND CORRECTNESS BY: County Attorney Underlined portions are added. 5true',; through portions are deleted. G: \ATTV \OI~D NANCE\2004\04-018.wpd Page 5 of 5