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Brevard County |
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Code of Ordinances |
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Chapter 74. OFFENSES AND MISCELLANEOUS PROVISIONS |
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Article I. IN GENERAL |
§ 74-1. Use of county property as means of ingress and egress by track vehicles.
(a)
It is hereby declared as a matter of legislative determination that certain persons are utilizing the public property of the county, including rights-of-way, easements and other property, as a means of ingress and egress by track vehicles onto private property resulting in trespasses upon private property, destruction of environmental amenities, and destruction of livestock and other personalty found on the private property. It is the purpose and intent of this section to eliminate the availability of county-owned or county-controlled property, including rights-of-way and easements, as a means of ingress and egress to private property, such entry upon private property being frequently in violation of F.S. §§ 810.09—810.11. Nothing in this section, however, shall be construed, nor is it intended, to prohibit the use of track vehicles, otherwise authorized by appropriate county officials at the county off-road vehicle complex or to prohibit the legitimate use of track vehicles by persons operating such vehicles in the employ of governmental agencies, public utilities or their authorized subcontractors performing services under an existing subcontract with the governmental agency or public utility, or agricultural interest whose property is located immediately adjacent to such county-owned land.
(b)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
County-owned land means all real property, rights-of-way or easements to which the board of county commissioners may assert any fee or other interest through any legal or equitable right, including but not limited to, any interest held in common with others or held entirely by the county.
Track vehicle means any motor or artificially propelled or driven vehicle, including amphibious vehicles, used or capable of being used as a means of transportation over land where such vehicle is propelled or operated over land, in whole or in part, by a friction drive force composed of an endless track device on each side of the vehicle with a continuous roller belt over cogged gears, wheels, or shafts where such endless track is designed to provide friction traction for driving the vehicle over the land surface; provided, however, that nothing in this definition shall be construed to exclude from this definition a vehicle which is driven in part by tracks and in part on rubber tires or other devices. This definition shall not include any track vehicle operated by any person while in the employ of a governmental agency, public utility or an authorized subcontractor thereof performing services under an existing subcontract with the governmental agency or public utility, or persons operating a track vehicle for an agricultural operation holding an interest in land adjacent to such county-owned land.
(c)
It shall be unlawful to operate any track vehicle upon any county-owned land, or to utilize county-owned land for the purpose of ingress or egress to other lands or watercourses situated in the county. Any person violating the provisions of this section shall be punished as provided in section 1-7. Nothing in this section shall be deemed to preclude the enforcement of any other statute or regulation prohibiting trespassing on private lands or any other crime relating to the operation of vehicles.
(Code 1979, §§ 15½-3—15½-5)