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2022-011
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Last modified
8/5/2022 10:40:41 AM
Creation date
7/15/2022 2:56:30 PM
Metadata
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Ordinances
Ordinance Number
2022-011
Adopted Date
07/12/2022
Agenda Item Number
10.A.1.
Ordinance Type
SWDD
State Filed Date
07\13\2022
Entity Name
Solid Waste Disposal District
Code Number
204.06
Subject
Amending section 204.06 (definitions) and section 204.13 (terms of conditions of franchises)
of Part 1 (in general) of Chapter 204 (Solid Waste Disposal District) of the Code
Codified or Exempt
Codified
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ORDINANCE NO. 2022-011 <br />AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF <br />INDIAN RIVER COUNTY, FLORIDA AMENDING SECTION 204.06 <br />(DEFINITIONS) AND SECTION 204.13 (TERMS OF CONDITIONS OF <br />FRANCHISES) OF PART 1 (IN GENERAL) OF CHAPTER 204 (SOLID <br />WASTE DISPOSAL) OF THE CODE OF INDIAN RIVER COUNTY, TO <br />REMOVE THE FRANCHISE EXCLUSIVITY OF COMMERCIAL AND <br />DEMOLITION DEBRIS COLLECTION IN ANY SIZE CONTAINER; AND <br />PROVIDING FOR CODIFICATION; SEVERABILITY; CONFLICT OF <br />ORDINANCES; AND EFFECTIVE DATE OF THE ORDINANCE. <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 <br />broad home rule powers in counties to enact ordinances, not inconsistent with general or <br />special law, for the purpose of protecting the public health, safety and welfare of the <br />residents of the county. The Indian River County Board of County Commissioners <br />specifically determines that the enactment of this ordinance is necessary to protect the <br />health, safety and welfare of the residents of Indian River County. <br />Section 2. Amendment of Part 1 (In General) of Chapter 204 (Solid Waste Disposal) <br />New language indicated by underline, and deleted language indicated by strikethrough. <br />Section 204.06 (Definitions) and Section 204.13 of Part 1 (In General) of Chapter 204 <br />(Solid Waste Disposal) of the Code of Indian River County, Florida is hereby amended to <br />read as follows: <br />CHAPTER 204. —SOLID WASTE DISPOSAL <br />PART I. - IN GENERAL <br />Section 201.06. — Definitions. <br />For the purposes of this part, the definitions contained in this section 204.06 shall <br />apply unless otherwise specifically stated. When not inconsistent with the context, words <br />used in the present tense include the future tense; words in the plural number include the <br />singular; words in the singular number include the plural; the terms "hereof', "hereby", <br />"herein", "hereto", "hereunder" and similar terms refer to this part; and the term "hereafter" <br />means after, and the term "heretofore" means before, the effective date of this part. The <br />word "shall" is always mandatory and not merely discretionary. Pursuant to F.S. § <br />
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