PLACEMENT: Public Hearings
TITLE:
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PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE AMENDING SECTION 17.9., RULES AND REGULATIONS FOR MARTIN COUNTY PARKS, GENERAL ORDINANCES, MARTIN COUNTY CODE, RELATING TO FISHING ON COUNTY OWNED PROPERTY
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EXECUTIVE SUMMARY:
executive summary
This is a public hearing to consider adoption of an ordinance amending Chapter 17, Section 17.9., Rules and Regulations for Martin County Parks, General Ordinances, Martin County Code. These revisions are necessary to align the County Code with the authority reserved to the State under Section 379.2412, Florida Statutes, regarding saltwater fishing, while also maintaining local regulations necessary to protect the public health, safety, and welfare on County beaches and parks.
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DEPARTMENT: County Attorney
PREPARED BY: Name: Joseph Baron
Title: Assistant County Attorney
REQUESTED BY: Parks and Recreation Department
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
Chapter 17, General Ordinances, Martin County Code, establishes the rules and regulations governing the use of County beaches, parks, and recreational facilities, including provisions related to fishing activities on County owned property.
Subsequent to the adoption of these local regulations, Section 379.2412, Florida Statutes, clarified that the power to regulate the taking or possession of saltwater fish is expressly reserved to the State of Florida. The statute further provides, however, that local governments retain the authority to prohibit saltwater fishing from real property owned by that local government when necessary to protect the public health, safety, and welfare.
The proposed ordinance amends Chapter 17, Section 17.9, General Ordinances, Martin County Code, to eliminate provisions that may be inconsistent with the authority reserved to the State of Florida under Section 379.2412, Florida Statutes, while preserving the County’s ability to regulate activities occurring on County owned property for the protection of residents and visitors. The County specifically rescinds sections 17.9.A.2.r., 17.9.A.2.v., 17.9.A.2.w., 17.9.A.2.ee.2-4, based upon the State’s preemption. The County amends 17.9.A.2.o and 17.9.A.2.u., to address public health, safety, and welfare concerns by prohibiting fishing activities within designated guarded beach areas during guarded hours and prohibiting fishing from boat ramps when a boat is actively being launched or retrieved from the waters via the ramp.
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
This is a legislative matter. Legislative decisions are those in which the local government formulates policy rather than applying specific rules to a particular situation. A local government’s approval or denial of an issue in its legislative capacity is typically subject to a fairly debatable standard of review. Fairly debatable means that the government’s action must be upheld if reasonable minds could differ as to the propriety of the decision reached. Decisions subject to the fairly debatable standard of review need only be rationally related to a legitimate public purpose, such as the health, safety, and welfare of the public, to be valid. Given this broad discretion, only decisions that arbitrary and capricious or illegal are subject to serious legal challenge.
RECOMMENDED ACTION:
RECOMMENDATION
Move that the Board adopt the proposed Ordinance repealing subsections 17.9.A.2.r., 17.9.A.2.v., 17.9.A.2.w., 17.9.A.2.ee.2., 17.9.A.2.ee.3., and 17.9.A.2.ee.4., and amending subsections 17.9.A.2.o., and 17.9.A.2.x., of Chapter 17, Rules and Regulations for Martin County Parks, General Ordinances, Martin County Code.
ALTERNATIVE RECOMMENDATIONS
Provide staff with further direction.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☒Ordinance ☐Resolution
☐Other: