HomeMy WebLinkAbout2006-036ORDINANCE NO. 2006- 036
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA
AMENDING SECTION 205.03(21) OF THE COUNTY'S PARKS
AND RECREATION ORDINANCE; PROVIDING FINDINGS;
AMENDING THE DEFINITION OF WATER ACTIVITY IN
SECTION 205.03(21) TO CLARIFY THE AREAS WHERE
SURFING IS AN ALLOWED WATER ACTIVITY IN COUNTY
PARKS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF OTHER CONFLICTING ORDINANCES;
PROVIDING FOR INCLUSION IN THE CODE OF ORDINANCES
OF INDIAN RIVER COUNTY; PROVIDING FOR FILING WITH
THE DEPARTMENT OF STATE; AND PROVIDING AN
EFFECTIVE DATE.
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, as follows:
PART I: AMENDMENT TO SECTION 205.03(21) of the Code of Indian River
County.
Section 1. LEGISLATIVE FINDINGS. It is hereby ascertained, determined,
and declared that:
A. Pursuant to Article VIII, Section 1 of the Florida Constitution, and
Florida Statutes section 125.01, the Board of County Commissioners of Indian
River County ("Board") has all powers of local self-government to perform County
functions and to provide and maintain standards to assist in ensuring the health,
safety, and welfare of the citizens of Indian River County; and
B. The Board recognizes that the health, safety, and welfare of the
citizens of Indian River County will best be served by amending the existing
definition of water activities in SECTION 205.03(21) Indian River County.
Section 2. AMENDMENTS TO SECTION 205.03(21). After the effective
date of this Ordinance, the following definition, codified in Section 205.03(21) of
the Code shall be amended as follows:
Section 205.03. Rules and regulations.
(21) Water activity. No person shall swim, ski, dive, surf, scuba, fish., or use
boats in any area, in any park or recreational area unless such area is specifically
u
designated for such purpose. No person shall surf unless his surfboard is
equipped with a leash and attached to the surfer,; ,
not p vpmi#ed OR a guaFded aFea. All persons shall obey posted waterfront rules.
PART ll: GENERAL PROVISIONS
SECTION 1: SEVERABILITY.
If any clause, section or provision of this Ordinance shall be declared by a
court of competent jurisdiction to be unconstitutional or invalid for any cause or
reason, the same shall be eliminated from this Ordinance and the remaining
portion of this Ordinance shall be in full force and effect and be as valid as if such
invalid portion thereof had not been incorporated therein.
SECTION 2: 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 3: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the
Code of Laws and Ordinances of Indian River County, Florida. The sections of
the Ordinance may be renumbered or relettered to accomplish such, and the word
"ordinance" may be changed to "section", "article", or any other appropriate word.
SECTION 4: EFFECTIVE DATE.
This Ordinance shall become effective on September 22, 2006.
This Ordinance was advertised in the Vero Beach Press Journal on
September 1, 2006, for a public hearing to be held on September 19, 2006.
During the September 19, 2006, public hearing, this Ordinance was moved for
adoption by Commissioner wheel er , and seconded by
Commissioner Davis , and adopted by the following vote:
Chairman
Arthur R. Neuberger
Aye
Vice -Chairman
Gary C. Wheeler
Aye
Commissioner
Wesley S. Davis
Aye
Commissioner
Thomas S. Lowther
Aye
Commissioner
Sandra L. Bowden
Aye
K
DULY PASSED AND ADOPTED THIS 19" DAY OF SEPTEMBER, 2006.
r -Attest: J. K. Barton, Clerk
BY V, . g"
Deputy Clerk
INDIAN RIVER COUNTY
BOARD OF COUNTY POMMISSIONERS
BY'C�� <Q7) '1-416a�JA./
Arthur R. Ne erger, ChairE)
Approved:
ca -z'-Q'Qb � a
&Djj-�l
seph A. Baird, County Administrator
Approved as to form
and gal sufficiency:
Marian E. Fell
Assistant County Attorney
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
�- day of September, 2006, and becomes effective on September 22, 2006.
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