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WHEREAS, the Board finds that the proliferation of such pain management clinics and <br />pharmacies in Indian River County is a direct and immediate threat to the public health, <br />safety and welfare of the residents of Indian River County, and that the measures set forth in <br />this ordinance are reasonable and necessary to prevent the harmful impacts of such pain <br />management clinics and pharmacies; and <br />WHEREAS, it is not the intent of this ordinance to interfere with legitimate pain <br />management clinics and pharmacies which operate lawfully and do not prescribe or dispense <br />excessive amounts of controlled substances, <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: <br />Section 1. Enactment Authority. <br />Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad <br />home rule powers in counties to enact ordinances, not inconsistent with general or special <br />law, for the purpose of protecting the public health, safety and welfare of the residents of the <br />county. The Board specifically determines that the enactment of this ordinance is necessary <br />to protect the health, safety and welfare of the residents of Indian River County. <br />Section 2. Legislative Findings. <br />The Board finds that the "Whereas" clauses above are true and correct, and hereby <br />incorporates such clauses as the legislative findings of the Board. <br />Section 3. Creation of New Chapter. <br />Chapter 315 of the Code of Indian River County, Florida is hereby created to read as follows: <br />CHAPTER 315. PAIN MANAGEMENT CLINICS AND CONTROLLED <br />SUBSTANCES <br />Section 315.01. Title. <br />This Ordinance shall be known as the Indian River County Pain Management Clinic <br />and Controlled Substances Ordinance. <br />Section. 315.02. Definitions. <br />For the purposes of this chapter, the following terms shall have the following <br />meanings: <br />(1) "Pain management clinic" shall mean a privately owned pain management <br />clinic, facility, or office ("clinic") which advertises in any medium for any <br />type of pain management services, or employs a physician or an <br />3 <br />