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FEB 171982 <br />soox 48 <br />INDIAN RIVER COUNTY ORDINANCE NO. 82-5 <br />AN ORDINANCE REGULATING TRANSIENT MERCHANTS; <br />PROVIDING DEFINITIONS; PROVIDING FOR LICENSING <br />REQUIREMENTS; PROVIDING FOR LICENSING FEES; <br />PROVIDING FOR ENFORCEMENT; PROVIDING A SAVINGS <br />CLAUSE AND AN EFFECTIVE DATE. <br />873 <br />WHEREAS, the unregulated propagation of transient <br />merchants in Indian River County creates traffic hazards along the <br />roadsides of the County's thoroughfare system, and <br />WHEREAS, the existence of roadside stands in areas of <br />the County where the proper zoning does not exist defeats the <br />intent and purpose of the County's overall zoning and planning <br />efforts, and <br />WHEREAS, it is now the intent of the Board of County <br />Commissioners of Indian River County to require the licensing of <br />transient merchants and to regulate the areas where such <br />busineAses may be conducted, and <br />WHEREAS, Florida Statutes Sec. 125.01 grants the power <br />to non -charter counties to prepare and enforce comprehensive plans <br />for the development of the County, establish, coordinate and <br />enforce zoning and such business regulations as are neceesary for <br />the protection of the public and provide and regulate arterial and <br />other roads. <br />NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY <br />COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT: <br />Section I. Definitions <br />For the purposes of this Ordinance the following terms <br />shall be given the meanings set forth below; <br />1. Transient Merchant: Is any person or business <br />entity that engages in the sale of any personal or real property, <br />including but not limited to food products, agricultural products, <br />and merchandise, from vehicles or temporary pavilions on or along <br />public or private, streets or from vacant lots, with the following <br />exceptions; <br />A) any person selling agricultural products from the <br />property upon which he or she grew the produce <br />provided the products are not offered for sale in the <br />road right-of-ways, and <br />B) Any person who sells his or her own property which was <br />not acquired for resale, barter or exchange and does <br />