an ordinance of martin county, florida, amending chapter 17, beaches ...

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BEFORE THE BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA ORDINANCE NUMBER 1035

AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING CHAPTER 17, BEACHES, PARKS AND RECREATION, OF THE GENERAL ORDINANCES, MARTIN COUNTY CODE, RELATING TO PENALTIES, DEFINITIONS, RULES AND REGULATIONS, PARKING, ALCOHOLIC BEVERAGES, ANIMALS IN COUNTY PARKS AND CONSERVATION LANDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION. WHEREAS, the Board of County Commissioners of Martin County is authorized pursuant to Sections 1 and 6 of Article VIII, Constitution of the State of Florida, and Chapter 125, Florida Statutes, to adopt ordinances; and WHEREAS, the Board has determined it is appropriate to update its Code of Ordinances from time to time to address current trends, State laws and outdated information; and WHEREAS, the Board has determined it should be clear that the County has the authority to regulate and permit specific activities to protect the public health, safety and welfare; and WHEREAS, the Board recognizes that in addition to traditional parks and recreation facilities, County conservation lands are used for recreation purposes; and WHEREAS, the Board has determined it is appropriate to include County conservation lands in the regulation of County parks; and WHEREAS, the Board has determined it is appropriate to update and regulate alcohol in County Parks; and WHEREAS, the Board has determined that it is appropriate to regulate the presence of animals within County parks; and WHEREAS, the Board has determined it is appropriate to update the penalties associated with violations.

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.. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MARTIN COUNTY, FLORIDA, THAT: PART ONE: AMENDMENT OF CHAPTER 17, BEACHES, PARKS AND RECREATION, GENERAL ORDINANCES, MARTIN COUNTY CODE Subpart A. Existing Section 17.4. Penalties, of Chapter 17, Beaches, Parks and Recreation, General Ordinances, Martin County Code, shall be amended as follows: Sec. 17.4. Penalties. 17.4.A. Violation of any provision of this chapter is a misdemeanor pursuant to F.S. §125.69, and may be punishable by imprisonment for up to 60 days or a fine of up to $500.00, or both. 17.4.B. Violation of any provisions of subsection 17.7.C, section 17.9, subsection 17.10.B., er: section 17.12. or section 17.13 of this article may result in the violator being requested to leave the property by an authorized person, including but not limited to, County employees as authorized by the County Administrator and Law Enforcement within their respective jurisdictions. Failure to leave when requested is cause for trespass pursuant to Florida law. 17.4.C. Nothing contained in this section shall prohibit the Board of County Commissioners from enforcing codes by any other means.

Subpart B. Existing Section 17.8. Definitions, of Chapter 17, Beaches, Parks and Recreation, General Ordinances, Martin County Code, shall be amended as follows: Sec. 17.8. Definitions. The following terms when used in this chapter shall have the meanings ascribed to them in this section:

Adult Persons age 18 or older. Chi/d{ren): Persons age 12 or younger. Commercial vehicle or truck: A vehicle used for conducting a commercial enterprise. County Administrator. The administrative head of Martin County who has the powers and duties set forth in F.S. § 125.74. County park: Any facility or real property owned or leased in whole or in part by Martin County and designated or utilized for recreation purposes. including but not limited to. beach access strips, beaches, boardwalks. canoe/kayak launches. causeways. conservation lands. fishing piers, play areas. and associated parking areas managed by the Martin County Parks and Resreatien Department. County staff. An employee of the Martin County Board of County Commissioners. Cultural resource: Any item, area or artifact of historical or cultural significance.

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.. DesigRatefi s1:1Ff fi6RiRg ar:ea: Afea on a full servioe eeaoh park identified ey flags or signs and restrioted to Sblrf fishing only. Desif}Rated s1:1rfiRg BFea: N=ea on a full servioe eeaoh park identified by flags or signs that is r:estrioted to sllrnng only while 1::mder the supervision of lifegblards. Designated swimming area: Area on a full-service beach park identified by flags or signs and extending no more than 300 feet east of the mean-high-water line that is r:estriotod to swimming only while under supervision of lifeguards. Full-service beach park: A Martin County public beach having most or all of the following amenities; lifeguards, rest rooms, showers, some athletic facilities, picnic area, concessions, parking, dune crossovers , and other facilities.

G1:1a.wd area: That ar:ea that is availaele for designation as a s1niFAming area while lifeguards are on duty. Lifeguards: The County staff responsible for public safety on the beaches under the control and jurisdiction of the Board of County Commissioners of Martin County, Florida. These County staff shall be subject to the control and direction of the County Administrator and the OiFeGtor of Emergensy Servioes Fire Rescue Chief. Litter. Any garbage: rubbish; trash; refuse; can; bottle; broken glass: box; container; paper; tobacco product or ashes; tire: appliance: mechanical equipment or part: building or construction material; tool; machinery; wood; motor vehicle or motor vehicle part; vessel; aircraft; farm machinery or equipment; animal carcasses, landscaping materials. sludge from a waste treatment facility. water supply treatment plant. or air pollution control facility; or substance in any form resulting from domestic. industrial, commercial. mining. agricultural, or governmental operations. Motorized recreation vehicle: Any off-highway vehicle including. but not limited to. all-terrain vehicles. recreational off-highway vehicles, and off-highway motorcycles as defined in Chapter 316. F.S. and also includes. but is not limited to. electronic bikes ("e-bikes"). mini-bikes. scooters. amphibious vehicles. go-carts. trail bikes. dune buggies and golf carts. Parking area: Any designated part of any park road, drive or special area contiguous thereto that may be set apart for the standing or stationing of any vehicles or boat trailers. Park patron: A person visiting or using a park facility. Permit Official document issued by the County giving listed park patrons authorization to conduct a specific activity during the time period as stated within document. Person: The word "person" includes natural persons, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups and combinations. Plav area: Any portion of an area within a County park. including water play areas. that contains playground equipment for use by children with signage that designates as such.

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Public beach access strip: A Martin County public beach generally having no lifeguard services and limited parking, dune crossovers, and other facilities. Sif}Rificant wave height: The a¥erage height of the face of the largest one tf:iird of tho breaking '1181JeS.

Special Event: Anv preplanned entertainment. sporting. cultural, business. or other tvoe of unique activity (including parades. festivals. races. tournaments. concerts. etc.) presented to a live audience and open to the public that is to be held in whole or in part upon property owned or managed by the County and that may substantially inhibit the usual flow of pedestrian or vehicular travel or which deviates from the established use of the place or building. Excludes activities not open to the public including private indoor facility rentals. pavilion rentals. or other activities for which a permit has been issued by the County. Surfing: The activity or sport using wind. paddle or ocean waves to propel oneself on a board or

like device. Paddling, sitting on, riding or sailing a hard s1::1rfboard, sailboard, hard body hoard, skim hoard or similar device. Swimming: Swimming, floating, wading, snorkeling, riding soft or inflatable flotation devices, or other similar activities.

Weapon: As defined in F.S. § 790.001(139), !weapon! means any :dirk, knife. metallic knuckles, slungshot, billie, tear gas gun, chemical weapon or device or other deadly weapon except a firearm or a common pocketknife. plastic knife. or blunt-bladed table knife.: Weapon or device, electric: As defined in F.S. § 790.001(14), ~lectric weapon or device~ means any :device which.1. through the application or use of electrical current, is designed, redesigned, used, or intended to be used for offensive or defensive purposes, the destruction of life, or the infliction of injury.: Subpart C. Existing Section 17.9. Rules and regulations for Martin County parks, of Chapter 17, Beaches, Parks and Recreation, General Ordinances, Martin County Code, shall be amended as follows:

Sec. 17.9. - Rules and regulations for Martin County parks.

17.9.A. The rules and regulations for Martin County P12arks, including all park parking areas, beaches, public beaeh aecess strips, oauseway parks, fishing piers, and all other facilities or real property managed by the Martin County Parks and Recreation Department, are established as follows: 1.

All beaches, public beach access strips, causeway parks.1. and fishing piers.. canoe/kayak launches. and boardwalks, shall be open at all times every day, except when the Martin County PaFks and Recreation Department determines that closure is necessary for the public health, safety or welfare. Any gates at entrances to any beach, public beach access strip, causeway or fishing pier may only be closed when necessary for the public health, safety or welfare. All other County parks shall be open from 7:00 a.m. until 11 :00 p.m., unless otherwise posted or permitted by the MaRiA County Parks and Recreation Department.

2.

It is unlawful for any person in any County park: Page 4of 14 Struck through passages are deleted; underlined passages are added.

a.

To park vehicles or boat trailers, except in designated areas.

b.

To light a fire, except in designated fixtures.

c.

To light a fire on any beach without the express written permission from the County.

d.

To use a grill or other device in such a manner as to burn. ·char. mar or blemish any bench. table. or other object of park property.

&:e.

To set off fireworks, unless expressly permitted in writing by the County AdfRinistrator or hisJher designee.

a.f.

To drive a motor vehicle, except in designated areas.

&:- R:.

To carry, possess, use, discharge, or have readily available, a weapon, or electric weapon.

f:- h. To carry, possess, use, discharge, or have readily available a BB gun, air rifle or paint ball gun, except at a facility specifically designed for such use. ~

h To have glass containers.

h.

To cafRp overnight, except in designated saFRping areas, and with a proper perfRit.

h 1. To dive from any structure in any Co1;1nty park, except in designated areas at pool facilities. j.:k. To dump litter in any manner or amount.

I.

To utilize County dumpsters for any litter from outside of any County park.

*'-m. To golf in undesignated areas. hn. To trespass or encroach on County park property. fR. To have a hoFSe or horsebask ride, except in designated areas. No horses or horseback riding is permitted on beaches or ca1;1seway parks. R.O.

To use County docks or boat ramps for commercial purposes or for any purpose other than for launching boats and for fishing while the boat ramp is not being used by boaters. Dockage of boats at County boat ramps is prohibited, except during the launch or retrieval of the boat. prohibiteel ·1.uitho1;1t express ..·.•Fitten a1;1thorication by the Martin County Parks and Recreation Department.

&.-11:. To disturb, destroy, remove or damage any cultural or natural resource including vegetation without express written permission from the Countv. p.

To intentionally fRolest, harfR, hunt, kill, trap, frighten or chase any animal, unless authorimel by the Martin County Parks and Recreation DepartfRent or Martin County Sheriffs O#ice.

q.

To cut. carve. or injure the bark. limbs. or branches or mutilate trees in any way. or pick the flowers.seeds. or fruits of any tree. plant or shrub. nor shall any person dig in or otherwise disturb grass areas. or any other way injure or impair the natural beauty or usefulness of any area. nor shall any person pile debris or material of any kind on or about any tree or plant. or attach any rope, wire or other contrivance thereto. whether permanent or temporary in character or in use. No person shall transplant or remove any tree or plant or part thereof. or collect or


remove flowers, except in areas designated for that use such as gardens without express written permission from the County.

qr.

To~ cast ~net upon any seagrass from Indian River Side Park any County park or to leave behind any organic matter left from the use of a cast net.

~-

To enter posted protected seagrass areas by boat or personal water craft.

t

To use a motorized recreation vehicle on pedestrian pathways, sidewalks. and boardwalks. except if used to assist a disabled person as defined pursuant to the Americans with Disabilities Act or Florida Statutes. Government owned or leased vehicles are exempt from these restrictions when being operated for a government purpose.

&.-u. To skateboard, skate, in-line skate, or bicycle on any park property other than pathways, sidewalks. or designated skate parks. tv. To fish or attempt to fish in the ocean after having been warned by a lifeguard or any law enforcement officer that such activity is endangering the health and safety of the public. While on the County owned beaches or causeway parks to intentionally fish.1. including fishing for sharks.1. or to fish by those methods commonly known as "chumming" or "bloodbaiting".

tJW.

vx. To fish or attempt to fish from County owned property within a minimum of 50 feet of the guarded areas boundaries of a full service beach park, or to intentionally shark fish or attempt to shark fish from County owned property within a minimum of 1,000 yards of the guardee areas boundaries of a full service beach park at any time. y.

To leave any personal property including but not limited to vehicles. watercraft. or bicycles within a County park after operating hours or overnight without express written permission from the County.

z. To post. affix. or place any materials on any park property without prior written approval of the County. w.-aa. To sleep or camp overnight in any area of a County park not designated for camping, including beaches, lawns, fields, and wooded areas unless permitted in writing by the County. ~bb.

To sleep on park benches, picnic tables or other structures not specifically designated for such use.

~c.

To set up tents, shacks, or any other temporary shelter for the purpose of overnight camping, except in designated camping areas, nor shall any person leave in a park, after closing hours, any movable structure or vehicle to be used or that could be used for such purpose, without express written authorization by the Martin County Parks ane Resreation Department.

dd. To use a generator unless otherwise permitted. t.-ee. To use the County property, including but not limited to ingress and egress, as fill iA-tAe instrumentality ef: 1) For any Any-activity prohibited by this section;


2) To fish or attempt to fish in the ocean after having been warned by a lifeguard or any Jaw enforcement officer that such activity is endangering the health and safety of the public; 3) While on the beaches or causeway parks to intentionally fish, including fishing for sharks.. or to fish by those methods commonly known as "chumming" or "bloodbaiting"; and

4) To fish or attempt to fish within a minimum of 50 feet of the guarEted areas boundaries of a full service beach park or to intentionally shark fish or attempt to shark fish within a minimum of 1,000 yards of the guarded areas boundaries of a full service beach park at anv time.

3.

It is unlawful for any person in any County park to sell or to offer for sale to any person any product or service without all required permits (e.g. State of Florida, Martin County Health Department and Martin County Parks anel Recreation Department).

4.

In an effort to promote the safety and protection of sea turtles and other wildlife. it is unlawful for any person to display, release. or distribute balloons of any kind at any County park. Balloons are allowed to be displayed inside an enclosed County park building such as a community center.

4.-5. Every Martin County park, park parking area, public beach, public beach assess strip, causeway, fishing pier, or other faoility or real property manageel by the Martin County Parks anel Recreation Department shall be considered a "public place" as that term is used in the Florida Statutes to define the crime of disorderly intoxication.

6.

It is unlawful for any person or group to utilize County athletic fields without the express written permission of the County.

7.

It is unlawful for any adult to enter and remain in a designated Play Area. where siqnaqe is posted. unless the adult is supervising and/or accompanying child(ren) who is/are visiting the Play Area or the adult is a County staff person or contractor conducting work in or around the area.

8.

Pavilions in County parks may be reserved for use. and if not reserved are available for use on a first-come. first-served basis.

17.9.B. Any rules or regulations for Martin County parks may be waived by the Board of County Commissioners upon application, submitted to the Martin County Administrator Parks and Reoreation Department, showing that the waiver requested is in the best interest of the public health, safety, or welfare. 17.9.C. Additional rules and regulations for camping facilities. All other park rules and regulations under section 17.9 shall apply unless otherwise specifically provided for herein:

1.

A County permit must be obtained to spend the night in any County camping facility.

2.

A m8*imum of 30 days of camping in any Go1:1nty camping facility per person per Co1:1nty fiscal year is allowoel. Length of stay requirements are defined in campground rules and regulations as determined by the Countv.

3.

Ronowals Reservations must be made by .§ e:OO p.m. A maximum of six persons. two vehicles (including one recreational vehicle) and one tent allowed per site. additional persons or vehicles will require an additional site.


4.

Persons under the age of 18 are not permitted camping privileges unless accompanied by a person 18 years old or over for the length of the camping period.

5.

Camping is only allowed in designated camp sites. No samping is allo11.ied in ar=eas posted with "No Camping" signs.

6.

Boat docks are for loading and unloading launching and retrieving watercraft only.

7.

The person registering is responsible for seeing that all members of his or her party and guests obey the park rules.

8.

Campers are responsible for opening and closing the gates for their visitors.

9.

No loud noises, loud radios or loud stereos are allowed after 10:00 p.m. All generators must be turned off at 10:00 p.m.

10. Washing dishes in restrooms or sho'l.ior buildings is not permitted and cooking are restricted to campsites. 11 . Consumption of alcohol is restricted to campsites. 1~4. Trash and garbage shall be placed in designated containers and deposited at designated dump stations. Dumping trash or garbage in restrooms or shower buildings is not permitted. 1~. Riding

on a motorized recreation vehicle minieikes after sundown is prohibited. Motorcycles must be operated slowly and quietly.

1~.Campfires

are permitted in designated fixtures with permission of the park attendant, but chopping of trees and vegetation is not allowed.

1§4.Pees for sampsites per night for resieents and nonresidents shall ee set from time to time by resolution of tho Boar:d of County Commissioners. There is a limit of two dogs per campsite. Dog owners must be able to show proof of vaccinations and licenses upon request. Dog waste must be picked up by owners, consistent with Section 9.92.B.. General Ordinances. Martin County Code. Section 9.90. General Ordinances. Martin County Code regarding animal restraints is strictly enforced. 1§.e.lf camping fees are not paid within 24 hours after the allocated register time, camping equipment will be stored at owners' expense. 1Z&.Failure to observe and comply with park rules will result in forfeiture of camping privileges. 18. Parking of commercial vehicles and commercial equipment is prohibited. 19. Overnight storage of recreational vehicles. boats. trailers and other vehicles is not permitted except with an active overnight camping permit and physical presence of the registered camper(s). 20. Dumping of grey water is prohibited except when properly connected to the designated dump station or sewer hook-up. 21 . All vehicles and trailers must be able to provide proof of registration upon request. 17.9.D. Hobe Sound Beach, Stuart Beach, Bathtub Reef and Jensen Beach are full-service beach parks. The following additional regulations apply to all full-service beach parks:


1.

Designated swimming, surfing, aAd surf tishiAg areas may be established at full-service beach parks, in the interest of user safety, while ensuring that other traditional beach uses are accommodated. Designated swimming areas may be moved by supervising lifeguards due to changing conditions and consistent with other provisions in this section.

2.

Designated swimming areas shall not extend further east than 300 feet of the meanhigh-water line and shall be restricted to swimming only while under supervision of lifeguards.

3.

Surfing in a designated swimming area is not permitted. When surfing east of designated swimming areas or within the boundaries of a full service beach park. a functional leash or similar device that connects the surfer and their equipment is required. A functional leash or similar dovioe that oonneots the operator and his equipment is req1::1ired in guarded areas.

4.

No more than a total of 50 percent of a full service beach may be designated as restricted for swimming only at Stuart Beach and Jensen Beach. Hobe Sound Beach and Bathtub Beach may be designated as swimming only beaches.

a.

Reserved.

9.5. In the interest of safety, beach use designation restrictions should not apply for temporary incursions into an area where strong currents or waves have forced an individual's brief and unintentional presence in that area. Lifeguard judgment may be exercised regarding an individual's safety and the threat to others.

+.6. An

individual's deviation from these beach usage designation restrictions may be permitted by the responsible lifeguard when, in the lifeguard's judgment, no safety problem results from the deviation.

3. 7. Dogs or otl=ter pets sl=tall be permitted east of the d1t:1no line in guarded areas d1:.1ring non guarded hours and elsewl=lore in the boaoh park at any time, so long as the dog or other pet is properly FOstrained p1:1rsuant to seotion Q.90, Martin County Code of Ordinanoos. Tho removal of exoreta is required p1:1rsuant to 9.928. Tl=lis provision shall not apply to service animals assisting disabled persons as defined p1:.1rsuant .to the Amorioans 'l'Jith Disabilities Ast or Florida Statutes. Skim boarding in a designated swimming area is not permitted. SQ.

All persons using full-service beaches should must observe posted safety notices and safety instructions of lifeguards.

94-0.No boating or use of personal water craft is pennitted within 300 feet of the shore of any public beach, except for designated emergency rescue craft. 140.No launching of motorized boats or motorized personal water craft from the shore of any public beach is permitted, except for designated emergency rescue craft. 11 . No person shall move. climb. scale, or otherwise encroach on a County Lifeguard tower unless that person is employed and or authorized by the County for the purposes of beach safety, maintenance of County facilities, or other authorized activities. 12. Portable sun or wind shelters. such as umbrellas or tents. shall not be erected to obstruct lifeguard's view of the water or near-shore areas. Lifeguards will determine if sun or wind shelters are obstructing their ability to conduct surveillance of the area and make appropriate recommendations for relocation . Page 9of14 Struck through passages are deleted; underlined passages are added.

[17.9.E-H. Reserved.] 17.9.1. Additional rules and regulations for New Monrovia Park. 1.

Entry to and use of the park, and loitering in the adjacent streets and rights-of-way, by the general public are prohibited during the hours of operation of the Residents Empowering All Childrens' Hope (REACH) Program. During the hours of operation of the REACH Program, use of the park will be limited exclusively to Program participants, parents or guardians of participants, Program employees and Program volunteer staff.

2.

No alcoholic beverages are allowed in the park or in any right-of-way adjacent thereto.

3.

The park may not be used for any purpose between the hours of 11 :00 p.m. and 7:00 a.m. except as permitted in writing by the County.

4.

No glass containers are allowed in the park.

17.9.J. Additional rules and regulations for Lamar Howard Park. 1.

Entry to and use of the park, and loitering in the adjacent streets and rights-of-way, by the general public are prohibited during the hours of operation of the Golden Gate After School Alternative Program (GMP Program). During the hours of operation of the GMP Program, use of the park will be limited exclusively to Program participants, parents or guardians of participants, Program employees and Program volunteer staff.

2.

No alcoholic beverages are allowed in the park or in any streets or rights-of-way adjacent thereto.

3.


4.


17.9.K. Additional rules and regulations for Staff Sgt. Justin Johnson Memorial Park at Banner Lake. 1.

Entry to and use of Staff Sgt. Justin Johnson Memorial Park at Banner Lake, and loitering in the adjacent streets and rights-of-way, by the general public are prohibited during the hours of operation of the Banner Lake After School Time Program (BLAST Program). During the hours of operation of the BLAST Program, use of the park will be limited exclusively to Program participants, parents or guardians of participants, Program employees.a...aAG Program volunteer staff and County staff.

2.

No alcoholic beverages are allowed in the park or in any streets or rights-of-way adjacent thereto.

3.


4.


Subpart D. Existing Section 17.11. Parking within County parks, of Chapter 17, Beaches, Parks and Recreation, General Ordinances, Martin County Code, shall be amended as follows:


Sec. 17.11. - Parking within County parks. It is unlawful within any County park, except when necessary to avoid conflict with other traffic or to comply with the law, an official traffic control device, or the directions of a law enforcement officer, for any person to: 17.11.A. Park any vehicle in any place or area designated by sign or marking as a "no parking" zone or otherwise for restricted use, unless the person is using the vehicle for such restricted use. 17.11.B. Park or stand any vehicle exceeding 20 feet in length in any parking space except those designated by sign or marking for boat trailer parking or for recreational vehicle parking, or park or stand any boat trailer or recreational vehicle in any parking space other than one designated by sign or marking for such purpose. 17.11.C. Double-park any vehicle on any roadway or parkway or other park area, unless directed to do so by a law enforcement officer or park attendant. 17.11.D. Park any vehicle on any roadway or parkway or other park area not designated for parking by sign or marking, unless directed to do so by a law enforcement officer or park attendant. 17.11. E. Park a vehicle within any County park after park hours or overnight without express written permission from the County. A violation of this section is a noncriminal traffic infraction. punishable as provided in Article 2 of Chapter 115, General Ordinances. Martin County Code. Government owned or leased vehicles are exempt from these restrictions when being operated for a government purpose.

Subpart E. Existing Section 17.12. Consumption of alcoholic beverages within Martin County parks, of Chapter 17, Beaches, Parks and Recreation, General Ordinances, Martin County Code, shall be amended as follows: Sec. 17.12. Consumption and sale of alcoholic beverages within Martin County parks. It is unla·,vful for any peFSan to sensume any alsoholis beverage in any County park, insluding parking areas, boashes, public beash assess strips, and all other fasilities or real prof)orty manageEI by the Martin Geunty Parks and Resreatien Department, mEGept as follo1.vs: 17.12A. Consumption of alcoholic beverages in County parks is allowed under the following conditions: within Hobo Sound 8oaoh, Bathtub Reef Beash, Stuart Beaoh, Jenson Beaoh, Sandsprit Park, Stuart Gausev.iay, Jensen Causeway, and any publis beaoh assess strips ac:ijasent to any of the foregoing, du.ring the hours sush parks are open to use by the publis. 1. Consumption of alcoholic beverages is only allowed during the hours the park is open to use by the public. 2. Consumption of alcoholic beverages is only allowed in pavilions. play areas, athletic facilities. and parking lots with an approved permit issued by the County. 3. Consumption of alcoholic beverages is prohibited in restroom facilities.


4.

Consumption of alcoholic beverages at Sailfish Splash Waterpark is only allowed with an approved permit issued by the County and limited to when the park is closed to use by the public, only within buildings or on the deck areas. and only when all pools or other water features are closed to any use by anyone including those attending. conducting. or participating in the event. 17.12.B. Sale Consumption of alcoholic beverages in County parks may be is allowed ffi Jensen 8oach Community Genter, Port Salerno Civic Cantor, Timer Powers Park, and Indian River Side Park purs1:Jant to a for special events with an approved permit issued by the Martin County Parks and Recreation Department. provided that:.,. 1. The sale of alcoholic beverages is restricted to a County approved vendor licensed to sell alcohol for the event; or 2. The sale of alcoholic beverages is restricted by permit from the State of Florida, Department of Business and Professional Regulation. Department of Alcoholic Beverages for events and activities. 3. Glass containers may be allowed during permitted special events only if approved as part of the permit. 17.12.C. Gons1:Jmption of alcoholic beverages may be allowed in Sailfish Splash Waterpark p1:Jrsuant to a permit issl:led by the Martin County Parks and Recreation Department, but only d1:Jring special events t::ielel at times when such park is closed to use by the general p1:1blic, only ·.vithin the b1:1ilelings or on tt::ie deck areas of s1:1ct::i park, and only when all pools or other water foat1:1res of s1:Jch park are closed to any use by anyone including tt::iose attending, cond1:Jsting, or participating in the special e:i.'ent at which consumption of alcoholic beverages is being permitted. Subpart F. New Section 17.13. Animals within Martin County parks, of Chapter 17, Beaches, Parks and Recreation, General Ordinances, Martin County Code, shall be created as follows: Sec. 17.13. - Animals within Martin County parks 17.13.A. Dogs and other pets are generally permitted in County parks during park hours of operations so long as the pet is properly restrained pursuant to section 9.90.A.. General Ordinances. Martin County Code. The removal of excreta is required pursuant to section 9.92.B.. General Ordinances. Martin County Code. 17.13.B. Notwithstancfing the provisions of section 17.13.A.. above, it is unlawful for any person in any County park; 1. To allow dogs or other pets, with the exception of service or law enforcement animals. east of the dune line within the boundaries of a full service beach park. during guarded hours. Dogs or other pets shall be allowed e lsewhere in the full service beach park at any time . so long as the dog or other pet is properly restrained pursuant to section 9.90.A.. General Ordinances. Martin County Code. The removal of excreta is required pursuant to section 9.92.B .. General Ordinances. Martin County Code. a. This provision shall not apply to dogs or other animals being walked from one side to the other through the boundaries of a full service beach park, so as long as the dog or other animal does not stop within the boundaries of a full service beach park. Page 12of14 Struck through passages are deleted; underlined passages are added.

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b. This provision shall not apply to animals associated with a permitted event. 2. To allow animals. with the exception of service or law enforcement animals, during any County sponsored activity or function unless such activity or function involves animals and is specifically permitted in writing by the County. pursuant to section 9.90.C., General Ordinances. Martin County Code. 3. To allow animals. with the exception of service or law enforcement animals, on athletic fields. pursuant to section 9.90.B .. General Ordinances. Martin County Code. 4. To allow animals. with the exception of service or law enforcement animals. at Sailfish Splash Waterpark or the Martin County Golf Course without express written authorization from the County. 5. To have a horse or horseback ride. except in designated areas. No horses or horseback riding is permitted on beaches or causeway parks. 6. To intentionally molest. harm. hunt. kill. trap, frighten or chase any animal, unless authorized in writing by the County or Martin County Sheriff's Office. 7. To take. molest. harm, frighten. kill, trap. hunt. chase, tease. shoot. or throw missiles at any domestic animal. wild animal. mammal or echinoderm such as starfish and sand dollars. nor shall any person remove or cause to be removed or have in their possession the young of any wild animal. including but not limited to, the eggs. nests. or young of any reptile or birds. 8. To take live shellfish without proper authorization from the State of Florida. 9. To give, offer or attempt to give to any wild animal any food. tobacco. alcohol. foreign object or other known noxious substances or attempt to pet any wild animal. 10. To transplant or remove any animal, wild animal. mammal. or echinoderm except in areas designated for that use with written permission from the County. 11. To introduce any plant or animal species by willful abandonment. negligence or by any other means without written authorization from the County. PART TWO: CONFLICTING PROVISIONS. Special acts of the Florida legislature applicable only to unincorporated areas of Martin 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 THREE: SEVERABILITY. 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 other person, property or circumstances, such holding shall not affect its applicability to any other person, property or circumstances. PART FOUR: APPLICABILITY. Page 13of14 Struck through passages are deleted; underlined passages are added.

This ordinance shall be applicable in the unincorporated area of Martin County. PART FIVE: FILING WITH THE DEPARTMENT OF STATE. The Clerk shall be and is hereby directed forthwith to scan this ordinance in accordance with Rule 1B-26.003, Florida Administrative Code, and file same with the Florida Department of State via electronic transmission. PART SIX: EFFECTIVE DATE. This ordinance is effective upon filing with the Department of State. PART SEVEN: CODIFICATION. Provisions of this ordinance shall be incorporated in the 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 re-lettered to accomplish such intention; provided, however, that parts two through seven shall not be codified. DULY PASSED AND ADOPTED THIS 24t11 DAY OF OCTOBER, 2017. ATTEST:

BOARD OF COUNTY COMMISSIONERS MARTIN COUNTY, FLORIDA

DOUG SMITH, CHAIRMAN

APPROVED AS TO FORM & LEGAL SUFFICIENCY:

Page 14of14 Struck through passages are deleted; unde rlined passages are added .

RICK SCOTT Governor

KEN DETZNER Secretary of State

October 31, 2017

Ms. Carolyn Timmann Clerk of the Circuit Court Martin County Post Office Box 9016 Stuart, Florida 34995 Attention: Mary K. Vettel, Deputy Clerk Dear Ms. Timmann: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Martin County Ordinance No. 1035, which was filed in this office on October 30, 2017. Sincerely,

Ernest L. Reddick Program Administrator ELR/lb

R. A. Gray Building  500 South Bronough Street  Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us

12A Friday, October 13, 2017 Treasure Coast Newspapers MC

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No bail set for woman accused of ramming deputies EMILY BOHATCH

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MARTIN COUNTY — A woman is being charged with child abuse and was held in Martin County Jail with no bail Thursday morning after she crashed her car into two sheriff's deputies' vehicles, according to an arrest affidavit. Erin Chabot, 38, was arrested Wednesday and charged with two counts of aggravated battery on lawenforcement officers, three counts of child abuse, resisting arrest without violence, and fleeing and eluding lawenforcement officers, according to an arrest affidavit. Chabot said the whole incident happened because she was scared and trying to get away from her husband, according to a report. Deputies were called after Chabot and her husband got in an argument in the car line at Seawind Elementary School in the 3700 block of Southeast Seabranch Boulevard, Sheriff William Snyder said Wednesday during a news conference. He added the couple called their respective parents, one of whom called the Sheriff's Office. Three children — ages 2, 3 and 7 — were in Chabot's vehicle. A nearby deputy responded to the call and tried to stop Chabot's white Toyota as it left the school parking lot, according to Chabot the arrest affidavit. Chabot refused to stop, so another marked sheriff's car "assumed a more tactical position," according to the report. Chabot navigated around the patrol car and continued driving, according to the report. One of the two deputies positioned his vehicle in front of Chabot, and Chabot rammed into the car. The deputy's car was heavily damaged, and he sustained minor injuries, Snyder said.

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MARTIN COUNTY — One person died and three others were injured after an early morning crash Thursday in rural Martin County west of Indiantown, according to the Florida Highway Patrol. FHP identified the dead man as Erik Lee Harris,46, of Keystone Heights. Sgt. Mark Wysocky, FHP spokesman, said the crash on State Road 710 west of Southwest Amaryllis Avenue happened about 6:45 a.m. A tractor-trailer, an empty milk truck, was heading west at the time as four pickups were eastbound. Standing at the scene, Wysocky said the tractor-trailer “drifted across and basically hit all four pickup trucks.” Wysocky said the driver of a beige GMC Sierra died at

Stuart man charged with sexual battery of a child EMILY BOHATCH TREASURE COAST

MARTIN COUNTY — A Stuart man was charged with sexual battery on a child Wednesday after the 5-year-old told her mother about the incident, according to an arrest affidavit. Michel Jean-Pierre, 61, was arrested after an investigation by the Martin County Sheriff's Office. The 5-year-old girl told her mother days after the incident occurred that Jean-Pierre inappropriately touched her, according to the report. Two days later, the mother called law enforcement and filed a report. In an interview with investigators, the girl said it happened more than 10 Jean-Pierre times, according to the report. Deputies had the mother call Jean-Pierre, and Jean-Pierre confessed to her what happened, according to the report. After he was arrested, Jean-Pierre told deputies what he did, adding that his acts were intended to be sexual, according to the report. Jean-Pierre was taken to the Martin County Jail, where he is being held without bail.

FELONY ARRESTS Julio Sergio Rivera, 26, 100 block of Southwest Dwight Avenue, Port St. Lucie; warrant for retail theft. Erin Jessica Chabot, 38, no listed street address, city; fleeing and eluding an officer; aggravated battery on an officer; child abuse without great bodily harm. Bradley Andrew Baum, 23, 11000 block of Southeast Federal Highway, Hobe Sound; robbery by sudden snatching. Alonzo Denard Wade, 30, 3000 block of Southeast Delmar Street, Stuart; warrant for violation of probation, fleeing or eluding. Jonathan Clifton Gregoris, 34, no listed street address, city; warrant for amended violation of probation, theft. Michel Jean-Pierre, 61, 6600 block of Southeast Silverbell Avenue, Stuart; sexual battery on a child under 12. Stanley Charles Granger, 54, 8100 block of Southeast Skylark Avenue, Hobe Sound; possession of cocaine. Bernard Marice Broomfield, 25, 8500 block of Southeast Date Street, Hobe Sound; warrant for court order for pretrial detention and termination of pretrial supervision, resisting officer without violence, resisting an officer with violence, possession of a firearm, ammunition, electric weapon or concealed weapon by a prohibited person. Arrested in St. Lucie County.

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Two deputies were taken to an area hospital Oct. 11, 2017, after their patrol cars were rammed, the Martin County Sheriff's Office said. PHOTO CONTRIBUTED BY MARTIN COUNTY SHERIFF'S OFFICE

772-287-7505

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Another deputy put her car in front of Chabot while a private citizen put his van behind Chabot's vehicle, according to the report. Chabot struck the other patrol car, where her car became stuck. The deputy in that car also was injured, Snyder said. Chabot exited the car and tried to run away from officers, but she was caught and arrested, according to the report. None of the children appeared to be injured, according to an arrest affidavit, but all three weretaken to a hospital for evaluation. According to the report, the State Department of Children and Families will conduct an investigation. Chabot is required to appear before a judge before she can be released, according to the report. Follow Bohatch on Twitter: @emilybohatch

Fatal crash closes State Road 710 near Indiantown WILL GREENLEE

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the scene, while three others sustained minor injuries. Two were taken to Martin Memorial South Hospial in Stuart, and one was taken to Raulerson Hospital in Okeechobee. State Road 710, which has one lane in either direction, was closed in both directions after the crash, Wysocky said. The road reopened about 12:30 p.m., according to a report. Wysocky said Harris was in the last pickup struck. Officials don’t yet know why the tractor-trailer driver drifted into oncoming traffic, Wysocky said. The incident is still under investigation. At least seven FHP vehicles were at the scene at one point as officials walked around the crash site. Apparent debris littered the roadway near the pickup trucks. Two people at the scene declined comment. Emily Bohatch contributed to this report.

NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Martin County will conduct a public hearing on October 24, 2017 to consider the adoption of an ordinance related to the Martin County Code of Ordinances. The hearing will be conducted at the Martin County Administrative Center, 1st Floor, Commission Room, 2401 S.E. Monterey Road, Stuart, Florida, at 9:00 am or as soon thereafter as the item may be heard. The title of the proposed ordinance is: AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING CHAPTER 5, ALCOHOLIC BEVERAGES, GENERAL ORDINANCES, MARTIN COUNTY CODE, AMENDING LOCATION RESTRICTIONS ON ALCOHOLIC BEVERAGE SALES RELATED TO ONPREMISES CONSUMPTION; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION.

PALM CITY (772) 266-9355 VERO BEACH (772) 567-5115 PORT ST. LUCIE (772) 877-3840 www.puretonehc.com NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Martin County will conduct a public hearing on October 24, 2017 to consider the adoption of an ordinance related to the Martin County Code of Ordinances. The hearing will be conducted at the Martin County Administrative Center, 1st Floor, Commission Room, 2401 S.E. Monterey Road, Stuart, Florida, at 9:00 am or as soon thereafter as the item may be heard. The title of the proposed ordinance is: AN ORDINANCE OF MARTIN COUNTY, FLORIDA, AMENDING CHAPTER 17, BEACHES, PARKS AND RECREATION, OF THE GENERAL ORDINANCES, MARTIN COUNTY CODE, RELATING TO PENALTIES, DEFINITIONS, RULES AND REGULATIONS, PARKING, ALCOHOLIC BEVERAGES, ANIMALS IN COUNTY PARKS AND CONSERVATION LANDS; PROVIDING FOR CONFLICTING PROVISIONS, SEVERABILITY AND APPLICABILITY; PROVIDING FOR FILING WITH THE DEPARTMENT OF STATE; PROVIDING FOR AN EFFECTIVE DATE AND CODIFICATION.

All interested persons are invited to attend and be heard. Copies of the item, for each respective meeting, will be available from the Parks and Recreation Department. Persons with disabilities who need an accommodation in order to participate in this proceeding are entitled, at no cost, to the provision of certain assistance. This does not include transportation to and from the meeting. Please contact the Office of the County Administrator at (772) 221-2360, or in writing to 2401 SE Monterey Road, Stuart, FL, 34996, no later than three days before the hearing date. Persons using a TDD device, please call 711 Florida Relay Services. Written comments may be directed to Kevin Abbate, Director, Martin County Parks and Recreation Department, 2401 S.E. Monterey Road, Stuart, Florida 34996. For more information, contact Kevin Abbate, Director, Martin County Parks and Recreation Department, at (772) 221-1420 or in writing (e-mail: [email protected]).

All interested persons are invited to attend and be heard. Copies of the item, for each respective meeting, will be available from the Parks and Recreation Department. Persons with disabilities who need an accommodation in order to participate in this proceeding are entitled, at no cost, to the provision of certain assistance. This does not include transportation to and from the meeting. Please contact the Office of the County Administrator at (772) 221-2360, or in writing to 2401 SE Monterey Road, Stuart, FL, 34996, no later than three days before the hearing date. Persons using a TDD device, please call 711 Florida Relay Services. Written comments may be directed to Kevin Abbate, Director, Martin County Parks and Recreation Department, 2401 S.E. Monterey Road, Stuart, Florida 34996. For more information, contact Kevin Abbate, Director, Martin County Parks and Recreation Department, at (772) 2211420 or in writing (e-mail: [email protected]).

If any person decides to appeal any decisions made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council, or advisory group, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based.

If any person decides to appeal any decisions made with respect to any matter considered at the meetings or hearings of any board, committee, commission, agency, council, or advisory group, that person will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record should include the testimony and evidence upon which the appeal is to be based.

October 13, 2017

October 13, 2017

TCN-1783997

TCN-1783995