HomeMy WebLinkAbout2002-003101aI]IkLAI k,mauwY=
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, PROHIBITING THE TAKING OR
HARVESTING OF LAND CRABS IN
UNINCORPORATED INDIAN RIVER COUNTY,
FLORIDA, PROVIDING FOR PENALTIES,
SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, at various times during the year cardisoma guanhumi, commonly known
as land crabs or giant land crabs, traverse public rights-of-way between the Indian River
Lagoon and the Atlantic Ocean in Indian River County, Florida; and
WHEREAS, the taking and harvesting of land crabs has a negative impact on
environmentally sensitive vegetation, on the environment, and on the land crab population;
and
WHEREAS, the taking and harvesting of land crabs on public rights-of-way disrupts
the flow of vehicular traffic; and
WHEREAS, killing or injuring land crabs has a negative impact on the land crab
population; and
WHEREAS, pursuant to Section 125.69, Florida Statutes (2001), violations of
county ordinances are punishable by a fine not to exceed $500 or by imprisonment in the
county jail not to exceed 60 days or by both such fine and imprisonment,
1. Definitions
"Take or harvest" means the catching or taking by any means whatsoever, followed
by possession. Temporary possession of a land crab for the purpose of moving it from the
path of vehicular traffic shall not constitute taking or harvesting provided the land crab is
not removed from the public right-of-way and not harmed in any manner.
"Land crab" means cardisoma guanhumi, also known as giant land crab.
2. Prohibition
No person shall take or harvest a land crab within the unincorporated area of Indian
River County, Florida. No person shall intentionally kill or intentionally injure a land crab
within the unincorporated area of Indian River County, Florida.
Board
County
Commissioners
Indian
River
County:
Be it Ordained by the
of
of
1. Definitions
"Take or harvest" means the catching or taking by any means whatsoever, followed
by possession. Temporary possession of a land crab for the purpose of moving it from the
path of vehicular traffic shall not constitute taking or harvesting provided the land crab is
not removed from the public right-of-way and not harmed in any manner.
"Land crab" means cardisoma guanhumi, also known as giant land crab.
2. Prohibition
No person shall take or harvest a land crab within the unincorporated area of Indian
River County, Florida. No person shall intentionally kill or intentionally injure a land crab
within the unincorporated area of Indian River County, Florida.
3. Penalty
Any person who takes or harvests a land crab within the unincorporated area) of
Indian River County, Florida, or who intentionally kills or intentionally injures a land crab
within the unincorporated area of Indian River County, Florida, shall be guilty of a county
ordinance violation, punishable by a fine not to exceed $500 or by imprisonment in the
county jail not to exceed 60 days or by both such fine and imprisonment, as provided in
Section 125.69, Florida Statutes.
4, Severability
If any section, paragraph, sentence, clause or phrase of this ordinance is held by
a court of competent jurisdiction to be invalid or unconstitutional, such holding shall not
affect the validity of the remaining portions of this ordinance.
5. Codification
It is the intention of the Board of County Commissioners that the provisions of this
ordinance shall become and be made a part of The Code of Indian River County, and that
the sections of this ordinance may be renumbered or relettered, and the word 'ordinance"
may be changed to "section," "article," or such other appropriate word or phrase in order
to accomplish such intention.
6. Effective Date
This ordinance shall take effect on March 1, 2002.
This ordinance was advertised in the Vero Beach Press Journal on the 17th day of
January, for a public hearing on 5th day of February, 2002, at which time it was moved for
adoption by Commissioner Adams, and seconded by Commissioner Ginn, and adopted
by the following vote:
The Chairman thereupon declared the ordinance duly passed and adopted this 5th
day of February, 2002.
M.
Stanbridge
Aye
Chairman
Ruth
John
W.
Tippin
A
Vice
Chairman
Fran B.
Adams
Afire
Commissioner
Aye
Commissioner
Kenneth
R.
Macht
Ginn
AYe
Commissioner
Caroline
D.
The Chairman thereupon declared the ordinance duly passed and adopted this 5th
day of February, 2002.
The Chairman thereupon declared the ordinance duly passed and adopted this
5th day of Feb`ruaryj , 2002.
BOARD OF COUNTY COMMISSIONERS
Attest: J. K. BARTON_ '' :INDIAN RIVER COUNTY, FLORIDA
a
�
•'1
er
B By
Clerk `..' . _
Deputy Ruth M. Stanbridge, Chairman
BCC Approved: February 5, 2002
Effec 'v date: This,ordiriance'was filed with the Department of State on the % day
of :,..2002, and becomes effective on March 1, 2002.