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ORDINANCE NO. 2025- 012 <br />4. Vessels engaged in recreational fishing if the persons onboard are actively <br />tending hook and line fishing gear or nets. <br />(5) Enforcement <br />(a) For a vessel in an established anchoring limitation area, upon an inquiry by a <br />law enforcement officer, a vessel owner or operator must be given an opportunity to <br />provide proof that the vessel has not exceeded the limitations described in subsection <br />(4)(c). Such proof may include any of the following: <br />1. Documentation showing that the vessel was in another location at least 1 <br />nautical mile away within a period of less than 45 days before the inquiry. <br />2. Electronic evidence, including, but not limited to, navigational devices or <br />tracking devices that show the vessel was in another location at least 1 nautical <br />mile away within a period of less than 45 days before the inquiry. <br />(b) If a vessel owner or operator fails or refuses to provide proof that the vessel <br />has not exceeded the limitations described in subsection (4)(c), or otherwise violates this <br />section, a law enforcement officer may issue a citation and pursue all enforcement and <br />legal remedies provided in F.S. § 327.4108 and any other applicable statutes. <br />SECTION 4. It is the intention of the Board of County Commissioners that the provision <br />of this ordinance shall become and be made part of the Indian River County Code, and <br />that the sections of this ordinance may be renumbered or re -lettered and the word <br />ordinance may be changed to section, article or such other appropriate word or phrase in <br />order to accomplish such intention. <br />SECTION 5. If any part of this ordinance is held to be invalid or unconstitutional by a <br />court of competent jurisdiction, the remainder of this ordinance shall not be affected by <br />such holding and shall remain in full force and effect. <br />SECTION 6. All ordinances or parts of ordinances in conflict herewith are hereby <br />repealed. <br />SECTION 7. This ordinance shall become effective upon adoption by the Board of <br />County Commissioners and filing with the Department of State. <br />This ordinance was advertised in the Indian River Press Journal on the 10 day <br />of July , 2025, for a public hearing to be held on the 19 day of August , <br />2025, at which time it was moved for adoption by Commissioner <br />Moss , seconded by Commissioner Flescher <br />and adopted by the following vote: <br />5 <br />