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— RESOLUTION-2019- serve ESOLUTION2019= serve to discourage tobacco use in such areas and thereby help to promote, protect, and improve the health, safety, and general welfare of the County's citizens and visitors making use of County recreational and leisure facilities and programs; and WHEREAS, the Board also finds that installation of disposal receptacles at such tobacco - free zones and other appropriate recreation facilities in the County would help to promote proper disposal of cigarette and cigar butts and other tobacco product debris and thereby help reduce litter and offensive pollution of Indian River County and reduce potential choking and other health dangers for young children, pets, and wildlife; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Establishment of Tobacco -Free Zones. All playground areas at all Indian River County parks and recreation facilities are hereby designated as tobacco -free zones. Establishment of these zones is intended only to discourage tobacco use in such areas and shall not be deemed as establishing a park rule or ordinance subject to code enforcement. Section 2. Installation of Signs and Receptacles. The County Administrator is authorized to cause the installation of appropriate signs at playground areas at all Indian River County parks and recreation facilities designating such areas as tobacco -free zones. The County Administrator is also authorized to cause the installation of cigarette and cigar butt disposal receptacles for such tobacco -free zones as well as other appropriate locations at County parks and recreational facilities, including but not limited to County boardwalks. Section 3. Conflict and Severability. In the event a provision of this resolution conflicts with a provision of any other resolution of the Indian River County Board of County Commissioners, the provisions of this resolution shall apply and supersede on the subject matter of this resolution, except as may be otherwise preempted by state law. If any provision of this resolution is held to be invalid, unconstitutional, or unenforceable for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining portions of this resolution, which shall be deemed separate, distinct, and independent provisions to the fullest extent possible. Section 4. Effective Date. This resolution shall become effective upon adoption. The foregoing resolution was moved for adoption by Commissioner and seconded by Commissioner , and, upon being put to a vote, the vote was as follows: Chairman Bob Solari. Vice -Chairman Susan Adams Commissioner Joseph E. Flescher Commissioner Tim Zorc Commissioner Peter D. O'Bryan The Chairman thereupon declared the resolution duly passed and adopted this day of January, 2019. 157