HomeMy WebLinkAboutSt Lucie County FL #13SUPPLEMENT NO. 13
July 2019
CODE OF ORDINANCES
County of
ST. LUCIE, FLORIDA
This Supplement contains all ordinances deemed advisable to be included at this time through:
Ordinance No. 19-004, enacted April 2, 2019.
See the Code Comparative Table —Ordinances for further information.
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Supp. No. 13
SUPPLEMENT HISTORY TABLE
The table below allows users of this Code to quickly and accurately
determine what ordinances have been considered for codification in each
supplement. Ordinances that are of a general and permanent nature are
codified in the Code and are considered "Included." Ordinances that are not
of a general and permanent nature are not codified in the Code and are
considered "Omitted."
In addition, by adding to this table with each supplement, users of this
Code of Ordinances will be able to gain a more complete picture of the Code's
historical evolution.
Ord. No.
Date
Adopted
Included/
Omitted
Supp. No.
14-025
12-16-2014
Included
1
2015-005
5-19-2015
Included
2
2015-006
5-19-2015
Omitted
2
15-007
6- 2-2015
Included
2
15-008
7- 7-2015
Included
3
15-009
7-21-2015
Included
3
15-12
9-15-2015
Included
3
15-015
12-15-2015
Included
4
15-016
12-15-2015
Included
4
16-002
2- 9-2016
Included
4
2016-005
4- 5-2016
Included
5
16-006
6- 7-2016
Omitted
5
16-007
5-17-2016
Included
5
2016-011
7- 5-2016
Included
6
16-14
8-16-2016
Included
6
16-015
9- 6-2016
Included
6
16-008
6- 7-2016
Omitted
7
16-010
6-21-2016
Omitted
7
16-013
7-26-2016
Omitted
7
16-016
10- 4-2016
Included
7
16-017
10- 4-2016
Omitted
7
16-018
11-15-2016
Included
7
16-020
12- 6-2016
Omitted
7
17-001
1-24-2017
Included
8
17-003
4-18-2017
Included
8
17-006
5- 2-2017
Included
8
17-008
6- 6-2017
Included
8
17-010
6- 6-2017
Included
9
17-011
�-6- 6-2017
Included
9
Supp. No. 13 SH:1
ST. LUCIE COUNTY CODE
Ord. No.
Date
Adopted
Included/
Omitted
Supp. No.
17-012
6-
6-2017
Included
9
17-013
6-
6-2017
Included
9
17-016
7-18-2017
Included
9
17-017
7-18-2017
Included
9
17-020
10-
3-2017
Included
9
17-018
8-15-2017
Omitted
10
17-019
9-18-2017
Inlcuded
10
17-021
11-
7-2017
Omitted
10
17-022
11-
7-2017
Inlcuded
10
18-005
4-17-2018
Inlcuded
10
2018-002
5-15-2018
Included
11
18-010
8-
7-2018
Included
12
19-001
2-
5-2019
Included
13
19-004
4-
2-2019
Included
13
Supp. No. 13 SH:2
ANIMALS § 6-19
Dangerous dog means any dog that according to the county records or the records of any
other local government:
(1) Has aggressively bitten, attacked, or endangered or has inflicted severe injury of a
human being on public or private property;
(2) Has more than once severely injured or killed a domestic animal while off the owner's
property; or
(3) Has, when unprovoked, chased or approached a person upon the streets, sidewalks,
or any public grounds in a menacing fashion or apparent attitude of attack, provided
that such actions are attested to in a sworn statement by one or more persons and
dutifully investigated by the division.
Dog means any animal of the canine species, regardless of sex.
Domestic animal means any equine or bovine animal, goat, sheep, swine, dog, cat, poultry,
or other domesticated beast or bird.
Extreme weather for the purposes of this chapter shall include but not be limited to the
following conditions:
(1) Hurricane;
(2) Tropical storm;
(3) Above 85 degrees Fahrenheit with a heat index of 100 degrees heat index; or
(4) Below 40 degrees Fahrenheit with a 35 degrees wind chill factor.
In determining whether extreme weather conditions exist, an animal control officer shall
consider extenuating circumstances such as shaded areas and availability of water.
Guard dog means any type of dog used for the purpose of defending, patrolling or
protecting property or life at any nonresidential establishment or which resides on the
nonresidential property. The term "guard dog" shall exclude any stock dogs used primarily
for handling and controlling livestock or farm animals.
Guard dog service means any person, business, or corporation that trains, sells, rents, or
leases guard dogs for the purpose of defending, patrolling, or protecting property or life at
any nonresidential establishment in the unincorporated areas of St. Lucie County.
Leash or lead means a cord, rope, chain, or similar device which holds an animal under
restraint and is not more than six feet in length.
Livestock means horses, mules, cattle, sheep, goats, swine, and other grazing animals.
Officer means any law enforcement officer defined in F.S. § 943.10, or any animal control
officer.
Owner means any person, firm, partnership, corporation, organization, or two or more
persons having a joint or common interest, or any other association, owning, keeping,
possessing, harboring or having control or custody of one or more an animals, including any
Supp. No. 13 CD6:5
§ 6-19 ST. LUCIE COUNTY CODE
custodian or person's parent or guardian. An animal shall be deemed to be harbored if it is
fed or sheltered for five consecutive days or more. There shall be a rebuttable presumption
that the person's name appearing on the animal's registration or radio frequency identifica-
tion device (RFID), commonly known as a microchip, is the owner. This definition of the term
"owner" shall not be considered as sole grounds for establishing legal ownership of an animal
for purposes beyond the terms of the Code of Ordinances and Compiled Laws or the county
land development code.
Pet seller means any person or entity, other than a registered breeder pursuant to section
6-53, governmental entity, or nonprofit corporation which has been granted 501.C(3) status
by the Internal Revenue Service, who offers for sale one or more dogs or cats.
Public nuisance means:
(1) Any animal which:
a. Attacks passersby or passing vehicles without provocation.
b. Attacks any other animal.
C. Is repeatedly at large and not under restraint.
d. Damages private or public property.
e. Repetitively barks, whines, howls, chirps, caws, or whistles for a period of five
minutes or more so as to disturb adjacent residents, except the following:
1. Animals located on property zoned AG-1, AG-2.5, AG-5, AR-1 with
agricultural classification pursuant to F.S. § 193.461, or PUD where
livestock is permitted;
2. Animals located on property on which livestock is permitted as a nonconform-
ing use; or
3. Birds and livestock located on property zoned AR-1.
f. Causes an annoyance in the neighborhood by acts such as overturning garbage
cans, defecating, digging holes on other than its owner's property, or such other
acts as are generally regarded to create an annoyance.
(2) Any activity, such as, but not limited to, the feeding of wild animals or fowl which:
a. Causes the fouling of the air by odor and thereby creates unreasonable
annoyance or discomfort to those in close proximity to the premises where the
animals or fowl congregate; or
b. Causes a sanitary nuisance as defined in F.S. § 386.01.
Nothing in this definition shall be interpreted to contravene the provisions of the Florida
Right to Farm Act, F.S. § 823.14.
Responsible person means a responsible person is an individual who is at least 15 years of
age or older who may provide temporary supervision or care for an animal as permitted by
Supp. No. 13 CD6:6
ANIMALS § 6-23
the owner of the animal. A responsible person as described herein may be the owner, or may
be a person who is not the owner but has been permitted by the owner to provide temporary
supervision or care.
Severe injury means any physical injury that results in broken bones, multiple bites, or
disfiguring lacerations requiring sutures or reconstructive surgery.
Tethering means a rope, chain, or similar restraint for holding an animal in place,
allowing a short radius in which it can move.
Under restraint means any animal secured by a leash or lead.
Unprovoked means that the victim who has been conducting himself or herself peacefully
and lawfully has been bitten or chased in a menacing fashion or attacked by a dog.
Vicious animal means any fierce or dangerous animal that constitutes a physical threat to
human beings or other animals, or any animal for which the animal control officer has
documentation to establish that the animal has bitten any person or other animal on two
separate occasions without provocation within a period of one year.
(Code 1982, § 1-4-16; Ord. No. 87-27, pt. A, 8-25-1987; Ord. No. 94-04, pt. A, 9-6-1994; Ord.
No. 03-10, pt. A, 2-4-2003; Ord. No. 03-19, pt. A, 8-19-2003; Ord. No. 07-010, pt. B, 4-3-2007;
Ord. No. 09-014, pt. B, 6-16-2009; Ord. No. 13-040, pt. A, 10-15-2013; Ord. No. 15-12, pt. A,
9-15-2015; Ord. No. 19-004, pt. A, 4-2-2019)
Sec. 6-20. Public nuisance prohibited.
It shall be unlawful for any owner to permit his animal to become a public nuisance or for
any individual to create a public nuisance as defined herein.
(Code 1982, § 1-4-17; Ord. No. 87-27, pt. A, 8-25-1987; Ord. No. 94-04, pt. A, 9-6-1994)
Sec. 6-21. Animals in estrus.
Any dog or cat in estrus must be humanely confined in a building or secure enclosure in
such a manner that such dog or cat cannot come into contact with another animal except for
planned breeding.
(Code 1982, § 1-4-18; Ord. No. 94-04, pt. A, 9-6-1994)
Sec. 6-22. Vicious animals.
It shall be unlawful for any owner to keep any vicious animal within the county unless it
is confined within a secure building or secure enclosure or unless it is securely muzzled and
under restraint.
(Code 1982, § 1-4-19; Ord. No. 87-27, pt. A, 8-25-1987; Ord. No. 94-04, pt. A, 9-6-1994)
Sec. 6-23. Dangerous dogs.
(a) The provisions of F.S. §§ 767.10 through 767.14, and all subsequent amendments
regulating dangerous dogs, as defined in F.S. § 767.11(1), are adopted by reference and
incorporated herein and shall apply to the unincorporated areas of the county.
Supp. No. 13 CD6:7
§ 6-23 ST. LUCIE COUNTY CODE
(b) The annual fee for issuance of dangerous dog certificates of registration shall be
established by resolution of the board of county commissioners.
(c) Classification.
(1) The public safety director shall investigate reported incidents involving any dog that
may be dangerous, as defined in F.S. § 767.11(1), and shall, if possible, interview the
owner and require a sworn affidavit from any person, including any animal control
officer or enforcement officer, desiring to have a dog classified as dangerous. Any dog
that is the subject of a dangerous dog investigation that is not impounded by the
county shall be humanely and safely confined by the owner in a securely fenced or
enclosed area pending the outcome of the investigation and resolution of any
hearings related to the dangerous dog classification. The address of where the
animal resides shall be provided to the public safety director. No dog that is the
subject of a dangerous dog investigation may be relocated or ownership transferred
pending the outcome of an investigation or any hearings related to the determination
of a dangerous dog classification. In the event that a dog is to be destroyed, the dog
shall not be relocated or its ownership changed.
(2) The public safety director shall classify any dog as a dangerous dog in the event he
determines that the dog:
a. Has aggressively bitten, attacked, or endangered or has inflicted severe injury
on human being on public or private property;
b. Has more than once severely injured or killed a domestic animal while off the
owner's property; or
C. Has, when unprovoked, chased or approached a person upon the streets,
sidewalks, or any public grounds in a menacing fashion or apparent attitude of
attack, provided such actions are attested to in a sworn statement by one or
more persons and investigated by the public safety director.
(3) A dog shall not be declared dangerous if either of the following has occurred:
a. The threat, injury, or damage was sustained by a person who, at the time, was
unlawfully on the property or, while lawfully on the property, was tormenting,
abusing, or assaulting the dog or its owner or a family member; or
b. The dog was protecting or defending a person within the immediate vicinity of
the dog from an unjustified attack or assault.
(4) The following procedures shall be followed in the investigation of a dangerous dog
complaint:
a. If possible, the owner of the animal being investigated shall be interviewed.
Any person and/or witness desiring to have a dog classified as dangerous shall
submit an affidavit to the division.
b. A dog that is the subject of a dangerous dog investigation that is not impounded
by the division shall be humanely and safely confined by the owner in a secured
Supp. No. 13 CD6:8
ANIMALS
§ 6-26
(2) The length and weight of the tether shall be appropriate for the animal breed and
shall be a minimum of ten feet long or four times the length of the animal (measured
from tip of nose to base of tail), whichever is greater.
(3) The tether must have swivels at both ends of the rope, chain or similar restraint for
holding an animal in place, allowing a short radius in which it can move about and
not become tangled.
(4) Prong, choke or chain collars are prohibited in the use of tethering an animal.
(5) The area which the animal may reach while tethered shall be free of entanglements.
(6) The length and location of the tether must not allow the animal to reach a fence or
neighboring property.
(7) Collar weight shall be appropriate for the animal as determined by a reasonable
person.
(8) A responsible person must be outside and within view of the animal at all times
while tethered.
(9) A trolley system is permitted.
(10) An animal may not be tethered in extreme weather, including but not limited to
hurricanes, tropical storms or tornados.
(11) The animal shall have access to a dry and raised area at all times.
(k) Any dog left unattended in an outdoor enclosure shall be provided a minimum of open
space, excluding the shelter(s) within the enclosure, based upon the dog's size as set forth
below:
(1) Twenty pounds or less (small): Thirty-two square feet.
(2) Twenty-one to 50 pounds (medium): Sixty square feet.
(3) Over 50 pounds (large): Eighty square feet.
An additional 16 square feet shall be required for each additional dog kept in the same
enclosed area. Each dog shall be provided sufficient shelter within the enclosed area as set
forth above in subsection 6-26(a). Any enclosed area where a dog is confined shall be kept
free of objects that may injure the dog and shall be cleaned regularly to remove feces. Dogs
on residentially zoned property shall not be maintained outdoors during periods of extreme
weather. This subsection shall not apply to dogs on property zoned AG-1, AG-2.5 or AG-5.
(1) The transportation of animals in vehicles shall be subject to the following require-
ments:
(1) No person shall transport or carry any dog or other animal in a motor vehicle unless
the animal is safely enclosed within the vehicle.
(2) If a person's only means to transport an animal is in an unenclosed or partially
enclosed vehicle, including but not limited to convertibles, pick-up trucks, and
flatbed trucks, the person shall confine the animal in a container, cage, or with a
Supp. No. 13 CD6:14.1
§ 6-26 ST. LUCIE COUNTY CODE
harness with double tethering that is of proper and adequate size to prevent the
animal from falling from or jumping from the motor vehicle. With the exception of
trailers used to transport hooved livestock, the flooring of the vehicle shall be covered
in a type of material that prevents the animal's feet from burning.
(3) If a container or cage is used, it must be securely fastened so as to prevent the
container or cage from moving in the motor vehicle.
(4) The animal must be provided fresh water and food as deemed appropriate by a
responsible person.
(5) No person shall carry or cause to be carried in or upon any vehicle or otherwise, any
domestic animal having its feet or legs tied together or in any other cruel or
inhumane manner or without providing suitable and humane facilities including
racks, crates or cages in which such animal may stand up or lie down during
transportation.
(6) The following shall be exempt from the provisions of this subsection:
a. Transporting livestock animals on property zoned AG-1, AG-2.5, AG-5, or AR-1
with agricultural classification pursuant to F.S. § 193.461, or PUD where
livestock is permitted.
b. Transporting livestock on property on which livestock is permitted as a
nonconforming use
(m) A person driving or in charge of a motor vehicle shall not permit an animal to remain
unattended in a vehicle when the motor vehicle is out of the person's sight and under
circumstances which endanger the health, safety or welfare of the animal.
(n) Pursuant to F.S. § 828.073, an animal control officer may take custody of an animal
found neglected or cruelly treated by removing the animal from its present location, or order
the owner of the animal to provide certain care to the animal at the owner's expense without
removal of the animal from its present location. In the event an animal control officer takes
an animal into custody or issues a care order to the animal owner pursuant to this section,
the county shall file a petition seeking relief under F.S. § 828.073, in the county court in and
for St. Lucie County within ten days after the animal is seized or the order to provide care
is issued.
(Code 1982, § 1-4-23; Ord. No. 87-27, pt. A, 8-25-1987; Ord. No. 94-04, pt. A, 9-6-1994; Ord.
No. 95-27, pt. A, 8-15-1995; Ord. No. 15-12, pt. C, 9-15-2015; Ord. No. 19-004, pt. B,
4-2-2019)
Sec. 6-27. Duty of owners to have dogs, cats and ferrets vaccinated against rabies.
(a) Every dog, cat or ferret four months of age or over must be vaccinated against rabies
by a licensed veterinarian with a federally approved vaccine. The cost of vaccination shall be
borne by the animal's owner. Evidence of current vaccination against rabies shall be
retained by the owner of said dog, cat or ferret and made available, upon request, to any
officer or health department investigator. Any certificate must contain the date of
Supp. No. 13 CD6:14.2
ANIMALS
§ 6-27
vaccination and sufficient information for the identification of the dog, cat or ferret.
Evidence of vaccination shall consist of a completed state department of agriculture and
consumer services standard vaccination certificate. A certificate shall not be valid for more
than one animal unless clearly indicated.
Supp. No. 13 CD6:14.2.1
SOLID WASTE § 38-27
(2) All owners are responsible to secure their abandoned real property upon a
declaration of a state of emergency. This shall include, but not be limited to,
installing storm shutters or five -eighths inch marine plywood on all exterior
windows and/or openings.
(3) If the owner of the real property is a company and/or mortgagee, the owner shall
contract with the owner's local agent to perform monthly inspections on the real
property, as required by subsection (d)(1) of this section, to verify compliance with
the requirements of this section, and any other applicable laws, for the duration of
the abandonment.
(4) Properties subject to this section must be maintained in accordance with the relevant
sanitary codes, building codes, and local regulations concerning external and/or
visible maintenance.
(5) Adherence to this section does not relieve the owner of any applicable obligations set
forth elsewhere in the this Code or within any covenants, conditions and restrictions
and/or homeowner's association rules and regulations.
(c) Security requirements.
(1) All owners are responsible for maintaining their abandoned real properties in a
secure manner so as not to be accessible to unauthorized persons.
(2) A secure manner shall include, but not be limited to, the closure and locking of
windows, doors, gates, fencing and other openings. Broken windows shall be secured
by reglazing or replacing of the window.
(3) Any excavations, swimming pools or other attractive nuisances must be filled in with
dirt or properly closed in a secure manner.
(4) If the owner of the real property is a company and/or mortgagee, the real property
shall be posted with the name and 24-hour contact telephone number of the owner's
local agent. The posting shall be no less than 18 inches by 24 inches, and shall be
clearly visible from the street but not readily accessible to vandals. The posting shall
contain the following language:
THIS PROPERTY IS MANAGED BY:
TO REPORT ANY PROBLEMS OR CONCERNS CALL:
(d) Inspections.
(1) The owner's local agent shall inspect the real property on a monthly basis to ensure
that the property is in compliance with this section.
(2) The owner's local agent shall inspect the real property subsequent to the declaration
of state of emergency to ensure that the property is secured and in compliance with
this section.
Supp. No. 13 CD38:11
§ 38-27 ST. LUCIE COUNTY CODE
(3) The owner's local agent shall maintain written proof of the monthly inspections and
provide same to the county code enforcement division upon request.
(4) The county code enforcement division shall have the authority to inspect real
properties subject to this section for compliance and to issue notices for any
violations. The county code enforcement division shall have the discretion to
determine when and how such inspections are to be made; provided that its policies
are reasonable calculated to ensure that this section is enforced.
(e) Subsequent review and sunset provision. Pursuant to this ordinance, this abandoned
real property registration system is being added for the health, safety and welfare of the
citizens of St. Lucie County during difficult economic times in St. Lucie County. This
ordinance shall be repealed on January 1, 2022 unless the board takes action to extend.
Nothing in this section shall prevent the board from taking action sooner.
(f) Enforcement and penalties.
(1) The county may enforce the provisions of this section by any means available to the
county under this Code or as may be available under state law, including but not
limited to, chapter 1, article II, division 2, and F.S. ch. 162.
(2) The penalties violation of this section shall be as set forth in the code enforcement
method asserted by the county under this Code or as may be available under state
law, including, but not limited to, chapter 1, article II, division 2, and F.S. § 125.69.
(3) Each day a violation continues shall be considered a separate offense.
(Code 1982, § 1-9-19.5; Ord. No. 10-011, pt. A, 6-15-2010; Ord. No. 13-035, pt. A, 7-2-2013;
Ord. No. 16-002, pt. A, 2-9-2016; Ord. No. 19-001, pt. A, 2-5-2019)
Sec. 38-28. Lot cleanup.
(a) Purpose and intent.
(1) The purpose and intent of this article is to prohibit the following:
a. Accumulation of trash, junk, or debris, living and nonliving plant material, and
stagnant water;
b. Excessive and untended growth of grass, weeds, brush, branches, and other
overgrowth;
C. Windows, sky lights and doors that are not weathertight (i.e., unable to prevent
people, animals, wind, rain or other elements from entering the structure); and
d. The existence of all other objectionable, unsightly or unsanitary matter,
materials, and conditions on property whether improved or unimproved.
(2) The purpose and intent of this article is to prevent conditions on property that result
in the following:
a. Property being inhabited by, or providing a habitat for, rodents, vermin,
reptiles, or other wild animals.
Supp. No. 13 CD38:12
CODE COMPARATIVE TABLE
Ordinance
Section
Number
Date
Section
this Code
44-71-44-73
Pt. C
Added 44-1-44-11
18-010
8- 7-2018
pt. A
46-78
19-001
2- 5-2019
pt. A
38-29(e)
19-004
4- 2-2019
pt. A
6-19
pt. B
6-260)
[The next page is CCT:41]
Supp. No. 13 CCT:19