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ORDINANCE NO. 2013 - 014 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER <br />AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING <br />SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES) <br />AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN <br />RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT <br />ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO <br />ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF <br />CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING <br />CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND <br />MAKING FINDINGS AND PROVIDING FOR SEVERABILITY, <br />CODIFICATION; AND AN EFFECTIVE DATE. <br />WHEREAS, the Board of County Commissioners adopted an ordinance regulating the <br />proper use of fertilizers in order to protect the water quality of Indian River County's natural and <br />constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water <br />bodies; and <br />WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer <br />applied to turf or landscape plants within Indian River County shall contain at least 50% slow <br />release nitrogen per guaranteed analysis label; and <br />WHEREAS, the new fertilizer regulations go into effect on October 14, 2013; and <br />WHEREAS, in order to provide adequate time for the supply of fertilizer containing <br />nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide <br />additional time for retailers to eliminate those supplies that meet at least a minimum threshold of <br />slow release nitrogen, <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, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home <br />rule powers in counties to enact ordinances, not inconsistent with general or special law, for the <br />purpose of promoting the public health, safety and welfare of the residents of the county. The <br />Board specifically determines that the enactment of this ordinance is consistent with general or <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 />F'WuomevTind&GENFR9LWesolmims&Ordina ces�Ordinances�FeHili.erWmorrimiion F—ker Ordinn md— Page 1 of J <br />