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ORDINANCE NO. 2016-013 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 312.02 <br />(PURPOSE), SECTION 312.04 (DEFINITIONS) AND SECTION 312.06 <br />(PROHIBITED ACTIVITY) OF CHAPTER 312 (RIGHTS-OF-WAY) OF THE <br />CODE OF INDIAN RIVER COUNTY, FLORIDA IN ORDER TO PROHIBIT <br />DISTRIBUTION OF ITEMS IN PORTIONS OF THE RIGHTS-OF-WAY WITH <br />DRIVERS AND PASSENGERS OF VEHICLES; AND PROVIDING FOR <br />CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING PROVISIONS, <br />AND AN EFFECTIVE DATE. <br />WHEREAS, a fundamental purpose of county government is to promote, protect and <br />improve the health, safety and general welfare of the citizens of the county; and <br />WHEREAS, conduct and activities in the public rights-of-way can lead to significant <br />driver distractions, leading to vehicle crashes; and <br />WHEREAS, data from the Indian River County Sheriff's Office demonstrate that an <br />increase in crashes has occurred at several intersections in Indian River County; and <br />WHEREAS, distractions, such as exchanges between drivers and pedestrians at <br />intersections, can interfere with or impede the safe flow of traffic at intersections leading to <br />crashes; and <br />WHEREAS, crashes at intersections can threaten the lives of drivers, passengers and <br />pedestrians within the right-of-way; and <br />WHEREAS, the Indian River County Board of County Commissioners finds that it is <br />necessary to amend the Indian River County Code of Ordinances in order to ensure the <br />protection of the public from activities that interfere with the safe and efficient movement of <br />traffic; and <br />WHEREAS, the Indian County Board of County Commissioners desires to adopt this <br />ordinance in order to protect drivers, passengers and pedestrians alike and promote the safe <br />and efficient use of the rights -of -ways within Indian River County; <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, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad <br />home rule powers in counties to enact ordinances, not inconsistent with general or special law, <br />1 <br />