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Board of County Connnissioners <br />October 24, 2016 <br />Page Two <br />Consistent with the Board's direction, the County Attorney's Office drafted language to address both the United <br />States Supreme Court's ruling in Reed and the need for protections for drivers, passengers and pedestrians alike. <br />The Indian River County Sheriffs Office has provided data to the County Attorney's Office that demonstrates <br />that an increase in crashes has occurred at several intersections in Indian River County. Distractions, such as <br />exchanges between drivers and pedestrians at intersections, can interfere with or impede the safe flow of traffic <br />at intersections leading to crashes. Thus, an ordinance with the proposed language would be designed to promote <br />the safe and efficient use of the rights -of -ways within Indian River County. On October 4, 2016, the Board <br />authorized the County Attorney's Office to draft an ordinance consistent with the initially proposed language and <br />notice a public hearing concerning the proposed ordinance. <br />The attached proposed ordinance contains the same language as presented to the Board on October 4, 2016. The <br />proposed ordinance does not address speech, but instead focuses on behavior which can distract drivers. Under <br />the proposed ordinance, people will be prohibited from standing or entering into the right-of-way, other than on <br />a sidewalk, for the purpose of distributing items with the driver or a passenger of the vehicle. Under the proposed <br />ordinance, distributing is defined as exchanging of items between any persons within a right-of-way and the driver <br />or a passenger of a vehicle at such location that requires an acceptance or rejection of the items being offered for <br />exchange. <br />FUNDING. <br />The only cost associated with this matter is the cost of advertising the notice of public hearing. The cost was <br />$150.51. This cost was funded from General Fund/County Attorney/Legal Account No. 00110214-033110. <br />RECOMMENDATION. <br />The County Attorney's Office respectfully requests that the chair open the public hearing and take any comments <br />from the public and then have the Board vote to approve the proposed ordinance. <br />ATTACHMENTS <br />Proposed Ordinance <br />F. Atromey"LindoGE4'ER4L B CC Agenda Afemm RPoghtof--li',Vv Ordinance Amendment Public Hearing.dax <br />123 <br />