HomeMy WebLinkAbout2011-008ORDINANCE NO. 2011- oos
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING OR DELETING THE
FOLLOWING SECTIONS OF THE CODE OF INDIAN RIVER COUNTY
TO REMOVE ANY. PROVISIONS RELATING TO FIREARMS AND
AMMUNITION: SECTION 101.09 (DISASTER EMERGENCY PLANS),
SECTION 205.02 (DEFINITIONS), SECTION 205.03 (RULES AND
REGULATIONS), SECTION 306.13 (PROHIBITION AGAINST
DISCHARGE OF FIREARMS), SECTION 901.03 (DEFINITIONS IN
ALPHABETICAL ORDER) AND SECTION 974.05. (ADDITIONAL NOISE
CONTROL STANDARDS BY ZONING DISTRICT); PROVIDING FOR
SERVERABILITY; A GENERAL REPEALER; AND AN EFFECTIVE
DATE.
WHEREAS, section 790.33, Florida Statutes, preempts to the State of Florida the
regulation of firearms and ammunition, including the purchase, sale, transfer, taxation,
manufacture, ownership, possession, and transportation thereof, and declares that any
local ordinance to the contrary shall be null and void; and
WHEREAS, several sections of the Code of Indian River County contain
provisions relating to firearms and ammunition which, based on section 790.33, Florida
Statutes, are null and void; and
WHEREAS, under these circumstances, it is necessary and appropriate to
amend or delete the aforesaid sections relating to firearms and ammunition,
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Legislative Findings. The Board finds that the above "Whereas"
clauses are true and correct, and hereby incorporates such clauses as the legislative
findings of the Board.
Section 2. Amendment or Deletion of Certain Sections of the Code of
Indian River County. The following sections of the Code of Indian River County are
hereby amended or deleted as set forth below: section 101.09 (disaster emergency
plans), section 205.02 (definitions), section 205.03 (rules and regulations), section
306.13 (prohibition against discharge of firearms), section 901.03 (definitions in
alphabetical order) and section 974.05 (additional noise control standards by zoning
district) (new language is underlined, and deleted language is noted by stdkethh):
Section 101.09. Disaster emergency plans.
0.) A proclamation declaring a state of emergency shall activate the disaster
emergency plans applicable to Indian River County and shall be the authority for
use or distribution of any supplies, equipment, materials, debris removal, facilities
assembled or arranged to be made available pursuant to such plans.
ORDINANCE N0. 2011- 008
(2) The following emergency measures may be taken during the proclaimed state of
emergency with such limitation and conditions as deemed appropriate to protect
the health, safety and welfare of the community:
a. Suspend or limit the sale, dispensing or transportation of alcoholic
beverages, firean44&-, explosives and combustibles.
b. Establish curfews, including but not limited to the prohibition of or
restriction on pedestrians and vehicular movement, standing and parking,
except for the provisions of designated, essential services, such as fire,
police, emergency medical services and hospital services, including the
transportation of patients, utility emergency repairs and emergency calls
by physicians.
C. Utilize all available resources of the county government as reasonably
necessary to cope with the disaster emergency, including emergency
expenditures.
d. Declare certain areas off limits.
e. Make provisions for availability and use of temporary emergency housing
and emergency warehousing of materials.
f. Establish emergency operating centers and shelters in addition to or in
place of those provided for in the county's emergency plan.
g. Declare that during an emergency it shall be unlawful and an offense
against Indian River County for any person to use the fresh water supplied
by the county or the City of Vero Beach for any purpose other than
cooking, drinking or bathing.
h. Declare that during an emergency it shall be unlawful and an offense
against Indian River County for any person operating within the county to
charge more than the normal average retail price for any merchandise,
goods, or services sold during the emergency. The average retail price at
which similar merchandise, goods, or services was being sold during the
ninety (90) days immediately preceding the emergency or at a mark-up
which is a larger percentage over wholesale cost than was being added to
wholesale cost prior to the emergency.
Confiscate merchandise, equipment, vehicles or property needed to
alleviate the emergency. Reimbursement shall be within Sixty (00) days
and at customary value charge for the items during ninety (90) days
previous to the emergency.
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ORDINANCE N0. 2011- oos
Preceding or during the emergency request assistance of the National
Guard or the Army, Coast Guard, or other law enforcement divisions as
necessary to assist in the mitigation of the emergency or to help maintain
law and order, rescue, and traffic control.
k. Enter onto private streets and rights-of-way within any subdivision for the
purpose of collection of debris located in the right-of-way or utility
easements. Prior to entry upon any private streets or rights-of-way, the
owner of said streets and rights-of-way must agree in writing to hold the
county, state, and United States harmless from liability associated with the
removal of debris.
The powers enumerated in this section are illustrative and . shall not be
construed as a limitation on authority.
Section 205.02. Definitions.
For the purpose of this chapter the following words or phrases shall have the
meanings set forth below. When not inconsistent with the context, words in the plural
include the singular, words used in the present tense include the future, words in the
singular number include the plural number. The word "shall" is always mandatory.
•..,
Section 205.03. Rules and regulations.
(1) Aircraft and parachuting. No person shall take off or land any aircraft, glider or
parachute over or into any park or recreational facility without permit from the
appropriate department.
(2) Buildings and other property. No person shall will mark, deface, disfigure,
injure, tamper with, displace or remove any building, bridges, tables, benches,
fireplaces, railings, paving or paving material, water lines, or other public utilities
or parts or appurtenances thereof, signs, notices, or placards whether temporary
or permanent, monuments, stakes, posts or other structures or improvements or
equipment or any part thereof, located on any recreational facility or in a park.
(3) Equestrian activity. No person in any park or recreational area shall ride
horseback except on roadways and bridle paths within areas designated for such
purposes. No person shall ride horseback in any park or recreational area after
dark or before daylight. It shall be unlawful for any person to ride a horse in a
reckless manner.
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ORDINANCE NO. 2011- 008
(4) Fire. No person shall ignite, set or maintain any fire for cooking or any other
purpose in any park or recreational facility unless such fire is within a designated
receptacle and area for such purpose.
(5) Fireworks. No person in any park or recreational area shall carry—f+re
or discharge aRY gUR, pistel or fireaFm e any rocket, torpedo or other fireworks of
any description without a permit from the department.
(6) Hunting. No person in any park or recreational area shall hunt, catch, harm, kill,
trap, chase, tease, shoot or throw missiles at any animal, reptile or bird. No
person in any park or recreation area shall remove, disturb or have in his
possession the eggs, nest or young of any wild animal, reptile or bird.
(7) Interference with personnel. No person shall interfere with, hinder, or oppose any
officer, agent or employee of the department in the discharge of the duties or with
the enforcement of the park regulations and rules.
(8) Prior ejectment. No person who has been ejected from a park or recreational
facility for a violation of a rule or regulation may enter upon or use any park or
recreational facility for a period of six (6) months. No person may remain upon
any park or recreational facility premises after a department employee or law
enforcement officer informs the person to leave for violation of a rule.
(9) Meeting. No person shall organize any public meeting, assemblies,
entertainments, tournaments, religious gatherings, demonstrations, parades,
processions or meetings, in any park or recreational facility that is reasonably
anticipated to include more than fifty (50) persons without first obtaining a permit
from the department.
(10) Notice. No person shall operate or play any radio, television, phonograph,
musical instrument or similar device in any park or recreational facility in such
manner as to be plainly audible to the human ear at a distance of one hundred
(100) feet from the sound source without first obtaining a permit from the
department.
(11) Pollution. No person shall throw or place, or cause to be thrown or placed, any
dirt, filth or foreign matter into the waters of any lake, pond, pool, river, inlet, tank
or reservoir in any park or recreational facility.
(12) Removal of natural resources. No person in any park or recreational facility shall
remove any beach sand, whether submerged or not, any soil, rock, stones,
plants, wood, or any other material whatsoever from any park or recreational
facility, or make any excavation by tools, equipment, blasting or other means in
existing material in park or recreational facilities.
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ORDINANCE N0.2011- oos
(13) Rubbish. No person shall throw, place, cast, deposit, dump or cause to be thrown
any ashes, refuse, vegetables, garbage, cinders, shells, straw, shavings, paper,
scraps, dirt or like matter, filth or rubbish of any kind in any park or recreational
facility except to place the same in receptacles or cans specifically provided for
such matter.
(14) Sales and solicitation. No person shall sell, keep, or offer for sale any tangible
object, merchandise or thing or solicit for any trade, occupation, business or
profession within any park or recreational area without a permit from the
department. No person shall solicit alms or contribution for any purpose, whether
public or private in any park or recreational facility without a permit.
(15) Signs. No person shall post or affix to any tree, shrub, plant, fence, building,
structure, monument, wall, table, apparatus, bridge, post, bench, corral, gate or
any other physical object any sign, poster or other printed or written matter in any
park or recreational facility.
(16) Sleeping, camping and lodging
vehicle overnight in any park
designated for such purposes
department.
(17) Traffic.
. No person shall sleep, camp,
or recreational area except in
without first having obtained a
lodge, or park a
such areas as
permit from the
a. The State Uniform Traffic Control Laws, F.S. Ch. 316, are incorporated by
reference and made a part of this chapter and shall apply to the operation
of all motor vehicles on streets and roads in county parks, unless modified
otherwise under the provisions of this chapter. Traffic officers and
employees of the department are hereby authorized to direct traffic
whenever necessary.
b. No person shall operate, drive or park any vehicle upon any road,
driveway, path, parking area or other area unless it has been designated
by the department for such purpose. No person shall cause any vehicle for
hire to stand upon any part of a park or recreational area for the purpose
of soliciting passengers.
C. No person shall drive a.vehicle at a rate of speed exceeding five (5) miles
per hour in any county park unless the department has designated, by
posted sign, a greater speed limit.
d. No person shall park any vehicle in any area other than the areas which
are designated for parking.
e. No trucks and/or trailers allowed except on designated roads or in
designated areas so posted.
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ORDINANCE N0.2011- 008
(18) Trees and vegetation. No person in any park or recreational area shall remove,
damage, disturb, cut, carve or transplant any tree, shrubbery, lawn, plant or
flower. No person shall attach any rope, wire or other contrivance to any tree or
plant in any park or recreational facility.
(19) Trespass. No person shall enter or remain on park or recreational facilities
without permit during hours when the facility is closed, provided, that the closing
hours are posted at the entrance of the park or recreational facility.
(20) Utility. No person, firm or corporation shall locate any utility upon any park or
recreational facility without receiving a permit from the department.
(21) Water activity. No person shall swim, ski, dive, surf, scuba, fish or use boats in
any area, in any park or recreational area unless such area is specifically
designated for such purpose. No person shall surf unless his surfboard is
equipped with a leash and attached to the surfer. All persons shall obey posted
waterfront rules.
(22) Dogs prohibited. No dogs are allowed in any park or recreational facility unless
specifically posted as allowable by the department.
(23) Glass bottles and containers. No glass bottles or containers are allowed on any
beach located in any park or recreational facility.
(24) Motor -driven devices in lake. No motor -powered or driven devices are allowed in
any park or pond unless specifically posted for such use by the department.
(25) Dune line crossing. No person shall cross, walk through or be situated upon any
part of the ocean dune line, except at designated crossover points and
boardwalks.
(26) Alcoholic beverages. No person shall bring alcoholic beverages into any park or
recreational facility or ' drink alcoholic beverages at any time in a park or
recreational facility. No person shall enter or remain in any park or recreational
facility while under the influence of intoxicating liquor.
(27) Miscellaneous activities.
a. Model air planes shall not be operated in a park or recreational facility
except in an area that has been designated and marked for said
operation.
b. No person shall engage in golfing activities in a park or recreational facility
except in an area that has been designated and marked for said
operation.
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ORDINANCE NO. 2011- oos
C. No person shall engage in skateboarding activities in a park or
recreational facility except in an area that has been designated and
marked for said activity.
Section 901.01 Definitions in alphabetical order.
Section 974.05. Additional noise control standards by zoning district.
Except as may conflict with the specific noise and vibration provisions of section 974.04,
it shall be unlawful to project a sound or noise from one property into another property
within the boundary of the zoning district which exceeds the limiting noise spectra set
forth in Table I below.
(1) Sound or noise projecting from one district into another zoning district with a
different noise, level shall not exceed the limits of the district into which the noise
is projected.
(2) The limits hereinabove referred to shall be in accordance with the following table:
TABLE I. APPLICABLE NOISE LIMITS
Measurement period one-quarter hour (continuous), as measured at the property
boundary of the receiving parcel. In multifamily developments (including duplex
developments), the measurement shall be taken from the receiving premises.
TABLE INSET:
Sound Level in Decibels A -Scale (DBA)
�Z_0ning �DaY I Niaht
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ORDINANCE N0. 2011- oos
ct
m.-10:00
.m.
10:00
.m.-6:00 a.m.
L
10
L
50
L
1
L
10
L
50
ervation
JAgricultural*
F175.
60
55
60
55
55
ential
65
60
65
60
55
mercial
70
65
70
65
60
trial
70
65
75
70
65
70
6.5
75
70
65
Level L(1). That noise (A -weighted sound level) exceeding one percent of a
measurement time equivalent to at least fifteen (15) minutes.
Level L(10). That noise (A -weighted sound level) exceeding ten (10) percent of a
measurement time equivalent to at least fifteen (15) minutes.
Level L(50). That noise (A -weighted sound level) exceeding fifty (50) percent of a
measurement time equivalent to at least fifteen (15) minutes.
*Residential developments within Agricultural Zoning Districts shall be subject to the
decibel level thresholds for the 'Residential" Zoning Districts.
(3) If the noise occurs at any time on Sunday or holidays, the decibel level applicable
between 10:00 p.m. and 6:00 a.m. shall prevail.
(4) Noise levels shall not exceed the peak noise levels, independent of time
duration, set out in Table II below:
TABLE- 11. PEAK NOISE LEVELS
TABLE INSET:
(5) For noise of impulsive character (hammering, etc.), the permissible decibel levels
set out in Table 1 shall be corrected by subtracting five (5) decibels. Impulsive soured is
any sound of short duration, usually less than one second with an abrupt onset and
rapid decay, e.g. explosions; and blasting, and diGGharge of fireaFms.
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ORDINANCE NO. 2011- 008
Section 3. Severability. If any provisions of this ordinance or the application
thereof to any person or circumstances is held invalid or unconstitutional, such invalid or
unconstitutional portion shall be deemed a separate, distinct and independent provision,
and such holding shall not affect the validity of the other portions of this ordinance,
provided the remaining portions effectuate the purpose and intent of this ordinance.
Section 4. Conflict. All ordinances or parts of ordinances in conflict herewith
are hereby repealed.
Section 5. Effective Date. This ordinance shall become effective upon
enactment by the Board of County Commissioners and filing with the Department of.
State.
The Clerk to the Board shall mail the certified copy of the ordinance to the
Department of State within ten (10) days after enactment.
This ordinance was advertised in the Vero Beach Press Journal on the 26 day
u
of Augst , 2011, for a public hearing to be held on the 13 day of September
2011, at which time it was moved for adoption by Commissioner Flescher
seconded by Commissioner Davis , and adopted by the following vote:
Chairman Bob Solari
Aye
Vice -Chairman Gary C. Wheeler
Commissioner Wesley S. Davis
Commissioner Joseph E. Flescher
Commissioner Peter D. O'Bryan
Aye
Aye
Aye
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this
13 day of September , 2011.
ATTEST: Jeffrey K. Barton, Clerk
C�
Deputy Clerk ��.•�'"""''vs!
f
Y
4 Q
BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA
Bob Solari, Chairman
as to form and legal sufficiency
Alan S. Pola is , r., County Attorney
ACKNOWLEDGEMENT: This ordinance was filed with the Department of State of the
State of Florida thi%, day of _ _'57L71-EHP5/? , 2011.
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