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JV <br />ORDINANCE NO. 98- 13 <br />(c) to protect smaller watercraft from the thrust generated by <br />airboat propulsion. <br />The operation or mooring of an airboat in any open water, tidal <br />water or riverine wetland area along the portion of the St. <br />Sebastian River lying within Indian River County is hereby <br />prohibited. For the purpose of this section, an airboat shall be <br />defined as a watercraft propelled by an engine, motor or other <br />propulsion system which utilizes a propeller, fan or blade which is <br />not normally submerged below the water surface upon which the <br />craft operates and which is commonly known as an airboat. <br />(3) Penalties and enforcement. <br />Violations of this section shall be enforced and penalized as <br />provided for in Sections 327.70, 327.72, and 327.73, Florida <br />Statutes. <br />SECTION 2. SEVERABILITY. <br />If any section, or any sentence, paragraph, phrase, or word of this <br />ordinance is for any reason held to be unconstitutional, inoperative, or void, <br />such holding shall not affect the remaining portions of this ordinance, and it shall <br />be construed to have been the legislative intent to pass the ordinance without <br />such unconstitutional, invalid or inoperative part. <br />SECTION 3. EFFECTIVE DATE. <br />A certified copy of this ordinance, as enacted, shall be filed by the Clerk <br />with the Office of the Secretary of State of the State of Florida within ten days <br />after enactment, and this ordinance shall take effect upon filing with the <br />Secretary of State. <br />Approved and adopted by the Board of County Commissioners of Indian <br />River County, Florida, on this 2_ day of j,, n P , 19980 <br />This ordinance was advertised in the Vero Beach Press -Journal on the <br />14 day of May , 1998, for a public hearing to be held on the 2— day <br />of June , 1998, at which time it was moved for adoption by Commissioner <br />M a c h t seconded by Commissioner G i n n and adopted <br />by the following vote: <br />St. Sebastian <br />River. <br />(2) Airboats <br />prohibited <br />in the <br />The operation or mooring of an airboat in any open water, tidal <br />water or riverine wetland area along the portion of the St. <br />Sebastian River lying within Indian River County is hereby <br />prohibited. For the purpose of this section, an airboat shall be <br />defined as a watercraft propelled by an engine, motor or other <br />propulsion system which utilizes a propeller, fan or blade which is <br />not normally submerged below the water surface upon which the <br />craft operates and which is commonly known as an airboat. <br />(3) Penalties and enforcement. <br />Violations of this section shall be enforced and penalized as <br />provided for in Sections 327.70, 327.72, and 327.73, Florida <br />Statutes. <br />SECTION 2. SEVERABILITY. <br />If any section, or any sentence, paragraph, phrase, or word of this <br />ordinance is for any reason held to be unconstitutional, inoperative, or void, <br />such holding shall not affect the remaining portions of this ordinance, and it shall <br />be construed to have been the legislative intent to pass the ordinance without <br />such unconstitutional, invalid or inoperative part. <br />SECTION 3. EFFECTIVE DATE. <br />A certified copy of this ordinance, as enacted, shall be filed by the Clerk <br />with the Office of the Secretary of State of the State of Florida within ten days <br />after enactment, and this ordinance shall take effect upon filing with the <br />Secretary of State. <br />Approved and adopted by the Board of County Commissioners of Indian <br />River County, Florida, on this 2_ day of j,, n P , 19980 <br />This ordinance was advertised in the Vero Beach Press -Journal on the <br />14 day of May , 1998, for a public hearing to be held on the 2— day <br />of June , 1998, at which time it was moved for adoption by Commissioner <br />M a c h t seconded by Commissioner G i n n and adopted <br />by the following vote: <br />