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ORDINANCE NO. 2013 - 016 <br />special law, and is necessary and appropriate to promote the health, safety and welfare of the <br />residents of Indian River County. <br />Section 2. Findings. <br />The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates <br />such clauses as findings of the Board. <br />Section 3. Amendment of Section 313.02 (Definitions) of Chapter 313 (Merchandising of <br />Tobacco Products) of the Code of Indian River County (the "Code") (added language is <br />underlined, and deleted language is noted by strilethfough). <br />Section 313.02 (Definitions) of Chapter 313 (Merchandising of Tobacco Products) of the Code is <br />hereby amended as follows: <br />Section 313.02. Definitions. <br />For purpose of this chapter, the following terms shall mean: <br />Tobacco products include loose tobacco leaves, and products made from tobacco leaves, <br />in whole or in part, and cigarette wrappers, which can be used for smoking, sniffing, or chewing., <br />and electronic nicotine delivery devices. <br />Electronic nicotine delivery devices means a device or product that produces a vapor that <br />delivers nicotine or other substances to a person inhaling from the device to simulate smoking <br />and that is offered to or purchased by consumers as an electronic cigarette, electronic cigar, <br />electronic cigarillo, electronic pipe, or other similar device or product. <br />Section 4. Severability. <br />If any part of this ordinance is held to be invalid or unconstitutional by a court of competent <br />jurisdiction, the remainder of this ordinance shall not be affected by such holding and shall <br />remain in full force and effect. <br />Section 5. Codification. <br />It is the intention of the Board of County Commissioners that the provisions of this ordinance <br />shall become and be made part of the Indian River County Code, and that the sections of this <br />ordinance may be renumbered or re -lettered and the word ordinance may be changed to section, <br />article or such other appropriate word or phrase in order to accomplish such intention. <br />F:\Anomey\Linda\GENERAL\Resolutions & Ordinances\Ordinances\E-Cigarettes\Ordinance 10.10.13 (=ended).do" Page 2 of 3 <br />