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ORDINANCE 92- 39 <br />(2) In addition to the requirements contained in Chapter 17-256, <br />Florida Administrative Code, and other laws and rules adopted <br />by reference herein, the use of air curtain incinerators shall <br />be restricted to weekdays, that is Monday, Tuesday, Wednesday, <br />Thursday, and Friday. No air curtain incinerator shall be <br />used on a SaturdayL Sunday, or holiday observed by the county. <br />Section 925.08. Authority of the division of forestry or the local <br />fire—authority—notd-imin-fished. <br />Nothing in this chapter shall diminish the current authority of the <br />division of forestry or the local jurisdictional authority to order <br />that burning be cased based on a health nuisance and/or fire safety <br />hazard. <br />Section 925.09. Enforcement and penalties. <br />This chapter may be enforced by the HUMMIM101=25170356 <br />�-•• Indian River County Department of Emergency <br />Services Fire Division and the Indian River County Environmental <br />Control Board in the manner set out in Chapter 85-427, <br />Special Acts, Laws of Florida, or may be enforced as any county <br />ordinance, including but not limited to enforcement by the board of <br />county commissioners seeking injunctive relief or applying county <br />code enforcement citation procedures. For purposes of enforcement <br />of thi ^rdinance ee burned unlawfully shall constitute a <br />separate violation of this ordinance. Collected fines shall be <br />used in part or in whole to defray costs incurred by the MM <br />11=1111M . . . count emer enc services fire <br />division in enforcing this ordinance." •• <br />SECTION 21: Add section 926.11(2)(b)9. to the Landscape and Buffer <br />Regulations chapter of the Land Development Regulations, to read as <br />follows: <br />119. All automatic landscape irrigation systems shall be installed <br />with a rain sensor device or rain sensor switch which will <br />override the irrigation cycle of the sprinkler system when <br />adequate rainfall has occurred." <br />SECTION -22 ---Amend section 926:06, to read as follows: <br />(d) Tree species shall be a minimum of ten (10) feet overall in <br />height and two (2) inch caliper at the time of planting. <br />Understory trees to be planted as part of a required buffer <br />shall be five (5) feet overall in height and one (1) inch <br />caliper at the time of plantin <br />SECTION 23: AmendSection g27: of Lux Chapter 9V, <br />Protection and Land Clearing, to read as follows: <br />"Notwithstanding anything to the contrary in this chapter, the <br />following activities shall be lawful without application for or <br />issuance of a tree removal or land -clearing permit. None of these <br />exemptions shall apply to any mangrove, dune vegetation, specimen <br />or historic tree, or upland native plant community conservation <br />area, unless otherwise stated below. The burden of proving <br />entitlement to any particular exemption shall lie with the person <br />claiming use of the exemption, in the event the exempted activity <br />ever becomes subject to an enforcement proceeding. <br />(1) The removal, trimming, pruning or alteration of any <br />unprotected tree or other vegetation as necessary for: <br />Coding: Words in type are deletions from existing law. <br />Words—underlined—are—additions. 19 <br />SmeadSoft Reprint Date: Friday, September 27, 2013 - 11:51:38 - Officia[Documents:594, Attachment Id 1, Page 19 <br />