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ORDINANCE NO 2007- n08 <br />AN ORDINANCE AMENDING CHAPTER 307 OF THE CODE OF <br />INDIAN RIVER COUNTY, FLORIDA, BY CREATING SECTION <br />307.13, ALL TERRAIN VEHICLE OPERATION ON UNPAVED <br />ROADWAYS; PROVIDING FINDINGS; PROVIDING FOR <br />PROHIBITION ON DAYTIME OPERATION OF ALL TERRAIN <br />VEHICLES ON UNPAVED ROADS WITHIN INDIAN RIVER <br />COUNTY; PROVIDING FOR REPEAL OF OTHER <br />CONFLICTING ORDINANCES; PROVIDING FOR <br />SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE <br />OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH <br />THE DEPARTMENT OF STATE; AND PROVIDING FOR AN <br />EFFECTIVE DATE. <br />WHEREAS, the Indian River County Board of County Commissioners has made the <br />following determinations: <br />1. The Florida Legislature recently enacted section 316.2123, Florida Statutes, <br />effective October 1, 2006, to allow all -terrain vehicles (ATVs) to be operated during the <br />daytime by a licensed driver or a minor under the supervision of a licensed driver on unpaved <br />roadways where the posted speed limit is less than 35 miles per hour. ATVs are currently <br />defined in section 317.0003, Florida Statutes, as any motorized off-highway vehicle 50 inches <br />or less in width, having a dry weight of 900 pounds or less, designed to travel on three or <br />more low-pressure tires, having a seat designed to be straddled by the operator with no <br />passenger. The definition of ATV also includes any two -rider ATV. <br />2. To permit the use of ATVs on the County's unpaved roads would be unsafe, and <br />could lead to accidents and injuries. There are serious risks associated with allowing children <br />to operate an adult -sized ATV on a public road, as every year there are many people, <br />including children, who are severely injured due to ATV accidents. <br />3. The newly created section 316.2123, Florida Statutes, contains a provision that <br />allows the County to be exempt from such section if "the governing body of the county, by a <br />majority vote, following a noticed public hearing, votes to exempt the county from such <br />section." <br />4. The Sheriff, on behalf of law enforcement agencies within the County, has <br />recommended that the Board vote to exempt Indian River County from this statute for the <br />safety of the County's citizens. <br />5. The County desires to be exempt from Section 316.2123, by prohibiting the <br />operation of ATVs on County unpaved roadways. <br />NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of <br />Indian River County, Florida: <br />