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9.A.3. PUBLIC HEARING — FEBRUARY 20, 2007 TO AMEND CHAPTER 307, OF <br />THE INDIAN RIVER COUNTY CODE BY CREATING SECTION 307.13 <br />PROHIBITION OF ALL TERRAIN VEHICLE OPERATION ON UNPAVED <br />ROADWAYS (LEGISLATIVE) <br />PROOF OF PUBLICATION OF ADVERTISEMENT FOR HEARING IS ON FILE IN THE <br />OFFICE OF THE CLERK TO THE BOARD <br />Assistant County Attorney Marian Fell informed the Board that effective October, 1, <br />2006, the Florida Legislature enacted a Statute that would allow the operation of all -terrain <br />vehicles (ATV) on certain unpaved roads within counties unless the county opted out of the <br />provision. The Indian River County Sheriff, on behalf of all law enforcement within the County, <br />requested the County enact an Ordinance to opt out of the new statutory section. <br />The Chairman opened the Public Hearing. <br />Sheriff Roy Raymond explained how the original Ordinance prohibited ATVs on <br />paved and unpaved roads. He felt there was a place for ATVs but he didn't think it was on the <br />roadways. For the safety of the community and serenity of the residents, he encouraged the Board <br />to opt out of the State Statute, as most counties within the State have already done. <br />Tony McKenna, 683 30th Ave. SW, expressed his concern with ATVs cutting <br />through his neighborhood at all hours of the night and wanted to thank the County Attorney and <br />the Sheriff for everything they have done to enforce the laws pertaining to ATVs. <br />Fred Mensing, 129th Street, felt this needed to come to an end and suggested the <br />County look at areas where four-wheel, low -speed, vehicles could be permitted. He also wanted <br />February 20, 2007 18 <br />