2022-017 - Laserfiche WebLink

Home Browse Search

ORDINANCE NO. 2022- 017 AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 205.03 (RULES AND REGULATIONS) OF CHAPTER 205 (PARKS AND RECREATION) OF THE CODE OF INDIAN RIVER COUNTY IN ORDER TO PROHIBIT CERTAIN SMOKING ACTIVITIES AT COUNTY OWNED PARKS CONSISTENT WITH STATE STATUTE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Legislature of the State of Florida has amended section 386.209, Florida Statutes to allow for counties to restrict smoking within the boundaries of any public beach and public park that the county owns, except that the county may not restrict the smoking of unfiltered cigars; and WHEREAS, organizations like Coastal Connections and Keep Indian River Beautiful collect over 22,000 cigarette butts per year from County beaches; and WHEREAS, cigarette butts, cigarette tips, E cigarettes, and tobacco packaging are the most common pollutants found on County parks and beaches; and WHEREAS, contaminants and residues from cigarettes and E cigarettes negatively impact the environment by taking up to 10 years to degrade; and WHEREAS, the Board of County Commissioners wishes to prohibit smoking at public beaches and County owned public parks to the extent authorized by statute, NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT: Section 1. Enactment Authority. Article VIII, section 1 of the Florida Constitution and chapter 125, Florida Statutes vest broad home rule powers in counties to enact ordinances, not inconsistent with general or special law, for the purpose of protecting the public health, safety and welfare of the residents of the county. The Indian River County Board of County Commissioners specifically determines that the enactment of this ordinance is necessary to protect the health, safety and welfare of the residents of Indian River County. Section 2. Amendment of Section 205.03 (Rules and regulations). New language indicated by underline, and deleted language indicated by StFikethFeugl4. Section 205.03 (Rules and regulations) of Chapter 205 (Parks and Recreation) of the Code of Indian River County, Florida is hereby amended to read as follows: