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ORDINANCE NO.2013 - <br /> AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br /> INDIAN RIVER COUNTY, FLORIDA, AMENDING THE CODE OF <br /> INDIAN RIVER COUNTY TO ESTABLISH A NEW CHAPTER 316, <br /> ENTITLED "FERTILIZER AND LANDSCAPE MANAGEMENT;" <br /> ADOPTING THE FLORIDA DEPARTMENT OF ENVIRONMENTAL <br /> PROTECTION'S MODEL ORDINANCE FOR FLORIDA-FRIENDLY <br /> USE OF FERTILIZER ON URBAN LANDSCAPES, WITH MINOR <br /> MODIFICATIONS; MAKING FINDINGS AND PROVIDING FOR <br /> SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. <br /> WHEREAS, as a result of impairment to Indian River County's surface waters caused by <br /> excessive nutrients, or, as a result of increasing levels of nitrogen in the surface and/or ground <br /> water within the aquifers or canals within the boundaries of Indian River County, the Board of <br /> County Commissioners has determined that the use of fertilizers on lands within Indian River <br /> County creates a risk of contributing to adverse effects on surface and/or ground water. <br /> Accordingly, the Board rinds that management measures contained in the most recent edition of <br /> the "Florida friendly Best Management Practices for Protection of Water Resources by the <br /> Green Industries, 2008, " may be required by this ordinance; and <br /> WHEREAS, this ordinance regulates the proper use of fertilizers by any applicator; <br /> requires proper training of Commercial Fertilizer Applicators and Institutional Fertilizer <br /> Applicators; establishes training and licensing requirements; establishes a Prohibited Application <br /> Period; specifies allowable fertilizer application rates and methods, fertilizer-free zones, low <br /> maintenance zones, and exemptions. The ordinance requires the use of Best Management <br /> Practices which provide specific management guidelines to minimize negative secondary and <br /> cumulative environmental effects associated with the misuse of fertilizers. These secondary and <br /> cumulative effects have been observed in and on Indian River County's natural and constructed <br /> stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water bodies. <br /> Collectively, these water bodies are an asset critical to the environmental, recreational, cultural <br /> and economic well-being of Indian River County residents and the health of the public. <br /> Overgrowth of algae and vegetation hinder the effectiveness of flood attenuation provided by <br /> natural and constructed stormwater conveyances. Regulation of nutrients, including both <br /> phosphorus and nitrogen contained in fertilizer, will help improve and maintain water and habitat <br /> quality, <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 /> 1 <br />