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Home My WebLink About21-035 4 r4 MICHELLE R.MILLER,CLERK OF THE CIRCUIT COURT SAINT LUCIE COUNTY FILE# 4935208 10/08/2021 11:19:08 AM OR BOOK 4699 PAGE 1828-1830 Doc Type:ORDN RECORDING: $27.00 ORDINANCE NO. 21-035 AN ORDINANCE AMENDING CHAPTER 36, ARTICLE IV REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY THE COUNTY, OF THE ST. LUCIE COUNTY CODE BY REGULATING THE AREAS FOR VESSELS TO PROVIDE FOR NO PARKING OR DOCKING VESSELS AT HARBOR POINTE, PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABABLE, FILING, EFFECTIVE DATE AND CODIFICATION 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 vessels. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: PART A. AMENDMENT OF ARTICLE 11 OF CHAPTER 1-15 (REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY Article IV of Chapter 36 of the Code of Ordinances of St. Lucie County, Florida, is hereby amended to read as follows: ARTICLE IV. REGULATIONS FOR PROPERTIES AND FACILITIES OWNED OR LEASED BY ST. LUCIE COUNTY SECTION 36. PRESERVATION OF BUILDINGS AND OTHER PROPERTY. 1 Underlined Portions are added. «•'k gh Portions are deleted. (a) No person shall willfully mark, deface, disfigure, injure, tamper with, displace, or remove any buildings, bridges, tables, 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 area, except that park personnel may be empowered to make such removals and scientists and students of botany may be given specimen collecting permits by the Director of Parks & Recreation of St. Lucie County. (c) No person shall dig, move, or remove from any area 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. (e) No vessel, boat or watercraft shall be parked or docked at Harbor Pointe Park without the permission of the County Administrator. This prohibition includes the parking area of the Park and the shoreline adjacent to the Park. PART B. CONFLICTING PROVISIONS Special acts of the Florida Legislature applicable only to unincorporated areas of St. Lucie County, County Ordinances, and County resolutions, or parts thereof, in conflict with this ordinance are hereby superseded by this ordinance to the extent of such conflict. PART C. SEVERABILITY AND APPLICABILITY 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. 2 Underlined Portions are added Strike through Portions are deleted PART D. FILING WITH THE DEPARTMENT OF STATE The Clerk is hereby directed forthwith to send a certified copy of this ordinance to the Bureau of Laws, Department of State, The Capitol, Tallahassee, Florida 32304. PART E. EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. PART F. ADOPTION After motion and second, the vote on this ordinance was as follows: PART G. CODIFICATION Provisions of this ordinance shall be incorporated in the code of Ordinances of St. Lucie County, Florida, and the word "ordinance" may be changed to "Section", 'I article", or other appropriate word, and the sections of this ordinance may be renumbered or relettered to accomplish such intention; provided, however, that parts B through G shall not be codified. After motion and second, the vote of this Ordinance was as follows: Commissioner Chris Dzadovsky, Chair AYE = Commissioner Sean Mitchell, Vice Chair AYE Commissioner Linda Bartz AYE Commissioner Frannie Hutchinson AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this Sth day of October 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FL•RIDA-7 tiY COS . � �I I 411. . Ai - J� 41/ BY: ( ' , / S �Y DEPUTY CLE' C� �� CHAIR * z �� m c . " y APPROVED AS TO FORM & CORRECTNESS: o tiNrY.F�o BY: r'5SS COUNTY ATTORNEY 3 Underlined Portions are added. Strike, „hro Portions are deleted. f €. 6 `.17a E8 K. '.z�. ' OCT 07 21 LQRIDA DEPARTMENT Q' STATE r a ;PUNITYATTORNEY RON DESANTIS LAUREL M. LEE Governor Secretary of State October 7, 2021 Ms. Michelle R. Miller Clerk& Comptroller St. Lucie County 2300 Virginia Avenue Fort Pierce, Florida 34982 Attn: Vera Smith Dear Ms. Miller: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 21-035, which was filed in this office on October 6, 2021. Sincerely, Anya Owens Program Administrator AO/lb tI 1, 4 R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-02 Telephone: (850) 245-6270