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