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HomeMy WebLinkAbout25-016 ORDINANCE NO. 25-016 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS FOR ST. LUCIE COUNTY, FLORIDA; AMENDING CERTAIN SECTIONS OF CHAPTER 32 OF THE ST. LUCIE COUNTY CODE TITLED "PUBLIC PROPERTY" PROHIBITING PUBLIC CAMPING AND PUBLIC SLEEPING; AMENDING GROUP FUNCTIONS; AMENDING PERMIT REQUIREMENTS FOR USE OF COUNTY PROPERTY; CREATING A SECTION ENTITLED "FAIRGROUNDS" TO PROVIDE A PERMITTING PROCESS FOR USE OF THE FAIRGROUNDS; PROVIDING FOR CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR CODIFICATION; AND PROVIDING FOR ADOPTION. RECITALS WHEREAS, pursuant to Florida Statutes Section 125.0231 public camping and public sleeping are generally prohibited; and WHEREAS, the St. Lucie County Code ("Code") contains outdated provisions relating to overnight camping in St. Lucie County; and WHEREAS, the Code provides for the use of County property for events and other activities through a permitted process; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida desires to amend the permitting process outlined in the Code for group events on County property and to amend the Code to add a permitting process to allow for the Director of Tourism to issue permits for certain group events to be held on the fairgrounds; and WHEREAS, the Board of County Commissioners of St. Lucie County, Florida finds that amending the Code to conform to the statutory requirements for public camping and public sleeping; amending the Code sections relating to the group event permit applications on County property; and creating a section of the Code to provide for permits for group events to be held at the fairgrounds is in the best interest of the health, safety, and welfare of the residents, citizens, and guests of St. Lucie County. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of St. Lucie County, Florida: SECTION 1. RATIFICATION OF RECITALS. The foregoing Recitals are hereby ratified and confirmed as true and correct and are hereby made a part of this Ordinance. SECTION 2. Chapter 32, Public Property, Article IV, Public Conduct is amended as follows (underline indicates an addition and strip# indicates a deletion): Page 1 of 5 SAINT LUCIEER. COUNTY CLERK OF THE CIRCUIT COURT FILE# 5522131 08/29/2025 10:42:39 AM DR BOOK 5360 PAGE 1511-1515 Doc Type:ORDN RECORDING: $44.00 Sec. 32-87. Applicability. This article shall apply to all properties and facilities, including, but not limited to, buildings, parks, preserves, playgrounds, recreation areas, way, and other lands owned, or leased, or otherwise under the jurisdiction of the County. Sec. 32-90. Overnight Public camping and public sleeping. (a) Definition: The term "public camping or sleeping": means (1) Lodging or residing overnight in a temporary outdoor habitation used as a dwelling or living space and evidenced by the erection of a tent or other temporary shelter, the presence of bedding or pillows, or the storage of personal belongings; or (2) Lodging or residing overnight in an outdoor space without a tent or other temporary shelter. The term does not include: a. Lodging or residing overnight in a motor vehicle that is registered, insured, and located in a place where it may lawfully be. b. Camping for recreational purposes on property designated for such purposes. (b) Regularly engaging in public camping or sleeping on any public property under the jurisdiction of the County is expressly prohibited. (c) County designated campsites and overnight RV sites shall require reservations, applicable fees, adherence to facility rules, and approval by the County prior to occupancy. Violations will result in expulsion from the County facility. {a) Overnight camping shall be prohibited in the areas regulated by this article unless specifically {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. Sec. 32-97. Group Functions. A permit is required for all group events or functions to be held on County property. No group from the Director of Parks and Recreation of the County pursuant to applicable regulations. Sec. 32-98. 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 and recreation of the county, which shall require he-following: (-1-} h ess-of (2)The purposes of activities to be engaged in by the participant; ( )- hich the permit is desired; (4)The specific areas for which the permit is requested; (5)The estimated number of involved; Page 2 of 5 (6)A statement of any special circumstances which are material to the permit required; be responsible should any damage occur to the facilities. and is not subject to a prior reservation, the director of parks and recreation of the county may issue a permit if he finds the area-use applied for to be in accordance with the purpose Unreasonably interfere with or 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 county sheriffs department. (a) All permit applications shall be made in writing upon an application form to be furnished by the County to the Director of Parks and Recreation. (b) The Director of Parks and Recreation or his/her designee may issue a permit if he/she finds the area: (1) Is available and the proposed use conforms with the purpose for which such area is designated or intended; and (2) The proposed use will not unreasonably interfere with or 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 law enforcement services. (c) Within ten days after receipt cif an application for permi+ The Director of Parks and Recreation of the County shall either approve or deny the permit application within ten (10) days of the receipt of the application and notify the applicant in writing of the decision. and advise the applicant accordingly, either in person or by mail. If an application is denied, the notification shall state the reasons for the denial. the Director of Parks and Recreation of the County at the reasons for such refusal. Any person aggrieved by a denial shall have the right of an appeal to the County Administrator or his/her designee. Board of County Commi-sioners, which shall oo si e- 14e application under the standards set forth above and, without undue delay, sustain, overrule, ion of the County. (d) Permits shall be issued subject to applicable regulations, and to such special regulations and instructions as may be prescribed by the County. The Rireot r „+ Rar s and Rees atipn pf The County, the County administrator, or any law enforcement officer with jurisdiction, any officer of the Fort Pierce Police Department or the County sheriffs department, shall have the authority to revoke a permit upon finding violation of any provision of this article, any applicable regulation, or any condition of the permit. Sec. 32-103. Fairgrounds (a) The St. Lucie County Fairgrounds, Equestrian & Event Center located at 15601 W. Midway Road, Fort Pierce, Florida, referred to as the "fairgrounds" is the location of the annual fair association public fair and other permitted events. Page 3 of 5 (b) The Tourism and Venues Director, or his/her designee, is authorized to issue permits for community events, agricultural exhibits, commercial events, vehicle and vessel sales events, trade shows, entertainment and/or musical events, sporting events, expos, and similar exhibitions held at the fairgrounds. All requests for permits required under this section shall be made in writing upon an application form furnished by the County. (c) Sales events for vehicles, recreational vehicles, motorcycles, and vessels are subject to the following: (1) Limited to events of a duration of five (5) or fewer consecutive days including set up and break down of the event. (2) Must be conducted by one or more dealers having a valid St. Lucie County business tax license. (3) Vehicles and vessels offered for sale may only be displayed in areas identified as "display areas" as indicated on the permit application. (4) All signs to be used in conjunction with the event must conform to the requirements of Section 9.01.02(c) of the St. Lucie County Land Development Code. Any required sign permits must be obtained prior to the issuance of any permit for the sales event. (5) Overnight camping utilizing the vehicles or vessels offered for sale on the fairgrounds during a sales event is expressly prohibited. Permittees of a sales event may submit a separate request to rent designated overnight RV sites. (d) The Tourism and Venues Director, or his/her designee may issue a permit if he/she finds the area: (1) is available and the proposed use conforms with the purpose for which such area is designated or intended; and (2) the proposed activity will not unreasonably interfere with or detract from the general public enjoyment of the remaining areas regulated by this section, or interfere with or endanger public health, welfare, or safety, or entail unusual, extraordinary, or burdensome expense for supervision, maintenance, cleanup, or law enforcement services. (e) The Tourism and Venues Director, or his/her designee, shall either approve or deny the permit application within ten (10) days after receipt of an application and notify the applicant in writing of the decision. If an application is denied, the notification shall state the reasons for the denial. Any person aggrieved by a denial shall have the right to appeal the denial to the County Administrator or his/her designee. (f) Permits shall be issued subject to regulations, and to such special regulations and instructions as may be prescribed by the County. The County may revoke a permit upon finding violation of any provision of this section, any applicable regulation, or any condition of the permit. SECTION 3. CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of St. Lucie County, and adopted prior to January 1, 1969, 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. Page 4 of 5 SECTION 4. 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 circumstance, such holding shall not affect its applicability to any other person, property, or circumstance. SECTION 5. FILING WITH THE DEPARTMENT OF STATE. The Clerk is hereby directed to send a certified copy of this ordinance to the Department of State. SECTION 6. EFFECTIVE DATE The Effective Date shall be as provided by law. SECTION 7. CODIFICATION. Provisions of this ordinance shall be incorporated in the St. Lucie County Code, 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. SECTION 8. ADOPTION. After motion and second, the vote on this ordinance was as follows: Commissioner Jamie Fowler, Chair AYE Commissioner Larry Leet, Vice-Chair AYE Commissioner James Clasby AYE Commissioner Erin Lowry AYE Commissioner Cathy Townsend AYE PASSED AND DULY ADOPTED this 5th day of August, 2025. 2�y GOMMISs�Oy BOARD OF COUNTY COMMISSIONERS ATTEST: J ST. LUCIE COUNTY, FLORIDA 4*r --'-- -t/itet_ "yr: 10i c�F CouNrlE Deputy Clerk Ja 'e Fowler, Chair APPROVED AS TO FORM AND CORRECTNESS: BY: kr tyre, County Attorney Page 5 of 5 FLORIDA DEPARTMENT 0 'STATE RON DESANTIS Governor August 25, 2025 Michelle R. Miller Clerk & Comptroller St. Lucie County 2300 Virginia Ave. Fort Pierce, FL 34982 Dear Michelle Miller, CORD BYRD Secretary of State Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of St. Lucie County Ordinance No. 25-016, which was filed in this office on August 25, 2025. Sincerely, Alexandra Leijon Administrative Code and Register Director AL/dp R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270