HomeMy WebLinkAbout2007-008ORDINANCE NO 2007- n08
AN ORDINANCE AMENDING CHAPTER 307 OF THE CODE OF
INDIAN RIVER COUNTY, FLORIDA, BY CREATING SECTION
307.13, ALL TERRAIN VEHICLE OPERATION ON UNPAVED
ROADWAYS; PROVIDING FINDINGS; PROVIDING FOR
PROHIBITION ON DAYTIME OPERATION OF ALL TERRAIN
VEHICLES ON UNPAVED ROADS WITHIN INDIAN RIVER
COUNTY; PROVIDING FOR REPEAL OF OTHER
CONFLICTING ORDINANCES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Indian River County Board of County Commissioners has made the
following determinations:
1. The Florida Legislature recently enacted section 316.2123, Florida Statutes,
effective October 1, 2006, to allow all -terrain vehicles (ATVs) to be operated during the
daytime by a licensed driver or a minor under the supervision of a licensed driver on unpaved
roadways where the posted speed limit is less than 35 miles per hour. ATVs are currently
defined in section 317.0003, Florida Statutes, as any motorized off-highway vehicle 50 inches
or less in width, having a dry weight of 900 pounds or less, designed to travel on three or
more low-pressure tires, having a seat designed to be straddled by the operator with no
passenger. The definition of ATV also includes any two -rider ATV.
2. To permit the use of ATVs on the County's unpaved roads would be unsafe, and
could lead to accidents and injuries. There are serious risks associated with allowing children
to operate an adult -sized ATV on a public road, as every year there are many people,
including children, who are severely injured due to ATV accidents.
3. The newly created section 316.2123, Florida Statutes, contains a provision that
allows the County to be exempt from such section if "the governing body of the county, by a
majority vote, following a noticed public hearing, votes to exempt the county from such
section."
4. The Sheriff, on behalf of law enforcement agencies within the County, has
recommended that the Board vote to exempt Indian River County from this statute for the
safety of the County's citizens.
5. The County desires to be exempt from Section 316.2123, by prohibiting the
operation of ATVs on County unpaved roadways.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
Indian River County, Florida:
ORDINANCE NO 2007- 008
PART I. CREATION OF SECTION 307.13 OF THE CODE.
Chapter 307 of The Indian River County Code of Ordinances is hereby amended to
create section 307.13 (All terrain vehicle operation on unpaved roadways) to read as follows:
Section 307.13. All Terrain Vehicle Operation on Unpaved Roadways.
The provisions of section 316.2123(1) Florida Statutes conditionally allowing all terrain
vehicle CATV') operation on unpaved roadways shall not be applicable in Indian River
Countv. Enforcement of this section shall be in accordance with Chapter 318 Florida
Statutes, by any officer as defined in section 318.13(5) Florida Statutes
PART II: GENERAL PROVISIONS
SECTION 1. REPEAL OF CONFLICTING ORDINANCES.
The provisions of any other Indian River County ordinance that are inconsistent or in
conflict with the provisions of this Ordinance are repealed to the extent of such inconsistency
or conflict.
SECTION 2. SEVERABILITY.
It is declared to be the intent of the Board, that if any section, subsection, sentence,
clause, or provision of this Ordinance is held invalid, the remainder of the Ordinance shall be
construed as not having contained such section, subsection, sentence, clause, or provision,
and shall not be affected by such holding.
SECTION 3. INCLUSION INTO THE CODE OF ORDINANCES.
It is the intent of the Board that all of the provisions of this Ordinance shall become and
be made part of the Indian River County Code of Ordinances and that the sections of this
ordinance may be renumbered or relettered.
SECTION 4. APPLICABILITY.
In accordance with Florida Statutes section 316.2123(2)(2006),this Ordinance shall be
applicable to all of Indian River County lying within or outside any municipality.
SECTION 5. EFFECTIVE DATE; FILING WITH DEPARTMENT OF STATE.
A certified copy of this Ordinance shall be filed with the Department of State by the
Clerk to the Board immediately after adoption of this Ordinance, and this Ordinance shall take
effect on March 1, 2007.
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ORDINANCE NO 2007- 008
This Ordinance was advertised in the Vero Beach Press Journal on
February 08 , 2007 , for a public hearing to be held on February 20, 2007. During
the February 20, 2007, public hearing, this Ordinance was moved for adoption by
Commissioner Bowden and seconded by Commissioner
Wheeler , and adopted by the following vote:
Chairman Gary C. Wheeler
Vice -Chairman Sandra L. Bowden Aye
Commissioner Wesley S. Davis Aye
Commissioner Joseph E. Flescher Aye
Commissioner Peter D. O'Bryan Aye
DULY PASSED AND ADOPTED THIS 20th DAY OF FEBRUARY, 2007.
INDIAN RIVER COUNTY
BOARD OF COUNTY COMMISSIONERS
By A.�
Gary . Wheeler, Chairman
Attest: J. K. Barton, Clerk
By rq_u�
Deputy Clerk
Approved:
J eph A. Baird
unty Administrator
Ap roved as to fokm and legal sufficiency:
r'
arian E. Fe
1
Assistant County Attorney
tL
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the '2%A day
of r-c.ba -I , 2007, and becomes effective on March 1, 2007.
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