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HomeMy WebLinkAbout2008-022ORDINANCE NO. 2008- 022 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTIONS 302 04 (B) AND 302.04 (D) O F THE COUNTY'S ANIMAL CONTROL ORDINANCE TO ALLOW THREE YEAR LICENSES FOR THREE YEAR VACCINATIONS; AMENDING SECTION 302.07(D)(1) TO CLARIFY PAYMENT UPON SURRENDER OF AN ANIMAL; AND AMENDING SECTION 302.081(A) OF THE COUNTY'S ANIMAL CONTROL ORDINANCE TO PROVIDE A RIGHT OF APPEAL PRIOR TO THE IMPOSITION OF REASONABLE RESTRICTIONS ON A DOG INVOLVED IN ANY BITING OR ATTACK INCIDENT THAT DOES NOT RESULT IN SEVERE INJURY OR DEATH; P ROVIDING 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 D EPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: LEGISLATIVE FINDINGS. It is hereby ascertained, determined, and declared that: A. Pu rsuant 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; B. Florida Statutes section 828.27 specifically provides for creation and amendment of a County Ordinance related to animal control and cruelty; and C. The Board recognizes that the public health and interest of the citizens of Indian River County will best be served by amending the existing Indian River County Animal Ordinance. PART I: AMENDMENT TO SECTION 302.04 (B) OF THE CODE OF INDIAN RIVER COUNTY. SECTION 1. AMENDMENT TO SECTION 302.04 (B). Commencing February 9, 2009, Section 302.04 (B) of the Code shall be amended to read as follows: Section 302.04. PROCEDURE FOR APPLICATION, ISSUANCE, AND RENEWAL OF LICENSE (B). On the annual due date of vaccination, or annually on the anniversary date of vaccination if the vaccination is Tess frequent than annually, Every person that owns, keeps, harbors, maintains, or has custody of any dog or cat subject to the requirement of section 302.03 hereof, and all pet dealers owning, harboring, or otherwise keeping dogs or cats for breeding purposes, shall obtain either a one (1) year or a three (3) year a license from the animal control division or its designated agents at the times set forth in Section 302.04 (D). 1 ORDINANCE NO. 2008- 022 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTIONS 302 04 (B) AND 302.04 (D) O F THE COUNTY'S ANIMAL CONTROL ORDINANCE TO ALLOW THREE YEAR LICENSES FOR THREE YEAR VACCINATIONS; AMENDING SECTION 302.07(D)(1) TO CLARIFY PAYMENT UPON SURRENDER OF AN ANIMAL; AND AMENDING SECTION 302.081(A) OF THE COUNTY'S ANIMAL CONTROL ORDINANCE TO PROVIDE A RIGHT OF APPEAL PRIOR TO THE IMPOSITION OF REASONABLE RESTRICTIONS ON A DOG INVOLVED IN ANY BITING OR ATTACK INCIDENT THAT DOES NOT RESULT IN SEVERE INJURY OR DEATH; P ROVIDING 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 D EPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: LEGISLATIVE FINDINGS. It is hereby ascertained, determined, and declared that: A. Pu rsuant 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; B. Florida Statutes section 828.27 specifically provides for creation and amendment of a County Ordinance related to animal control and cruelty; and C. The Board recognizes that the public health and interest of the citizens of Indian River County will best be served by amending the existing Indian River County Animal Ordinance. PART I: AMENDMENT TO SECTION 302.04 (B) OF THE CODE OF INDIAN RIVER COUNTY. SECTION 1. AMENDMENT TO SECTION 302.04 (B). Commencing February 9, 2009, Section 302.04 (B) of the Code shall be amended to read as follows: Section 302.04. PROCEDURE FOR APPLICATION, ISSUANCE, AND RENEWAL OF LICENSE (B). On the annual due date of vaccination, or annually on the anniversary date of vaccination if the vaccination is Tess frequent than annually, Every person that owns, keeps, harbors, maintains, or has custody of any dog or cat subject to the requirement of section 302.03 hereof, and all pet dealers owning, harboring, or otherwise keeping dogs or cats for breeding purposes, shall obtain either a one (1) year or a three (3) year a license from the animal control division or its designated agents at the times set forth in Section 302.04 (D). 1 ORDINANCE NO. 2008- 022 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA AMENDING SECTIONS 302 04 (B) AND 302.04 (D) O F THE COUNTY'S ANIMAL CONTROL ORDINANCE TO ALLOW THREE YEAR LICENSES FOR THREE YEAR VACCINATIONS; AMENDING SECTION 302.07(D)(1) TO CLARIFY PAYMENT UPON SURRENDER OF AN ANIMAL; AND AMENDING SECTION 302.081(A) OF THE COUNTY'S ANIMAL CONTROL ORDINANCE TO PROVIDE A RIGHT OF APPEAL PRIOR TO THE IMPOSITION OF REASONABLE RESTRICTIONS ON A DOG INVOLVED IN ANY BITING OR ATTACK INCIDENT THAT DOES NOT RESULT IN SEVERE INJURY OR DEATH; P ROVIDING 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 D EPARTMENT OF STATE; AND PROVIDING FOR AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, as follows: LEGISLATIVE FINDINGS. It is hereby ascertained, determined, and declared that: A. Pu rsuant 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; B. Florida Statutes section 828.27 specifically provides for creation and amendment of a County Ordinance related to animal control and cruelty; and C. The Board recognizes that the public health and interest of the citizens of Indian River County will best be served by amending the existing Indian River County Animal Ordinance. PART I: AMENDMENT TO SECTION 302.04 (B) OF THE CODE OF INDIAN RIVER COUNTY. SECTION 1. AMENDMENT TO SECTION 302.04 (B). Commencing February 9, 2009, Section 302.04 (B) of the Code shall be amended to read as follows: Section 302.04. PROCEDURE FOR APPLICATION, ISSUANCE, AND RENEWAL OF LICENSE (B). On the annual due date of vaccination, or annually on the anniversary date of vaccination if the vaccination is Tess frequent than annually, Every person that owns, keeps, harbors, maintains, or has custody of any dog or cat subject to the requirement of section 302.03 hereof, and all pet dealers owning, harboring, or otherwise keeping dogs or cats for breeding purposes, shall obtain either a one (1) year or a three (3) year a license from the animal control division or its designated agents at the times set forth in Section 302.04 (D). 1 SECTION 2. AMENDMENT TO SECTION 302.04 (D). Commencing February 9, 2009, Section 302.04 (D) of the Code shall be amended to read as follows: Section 302.04. Procedure for application, issuance, and renewal of license. (D). All licenses issued shall be valid for one (1) year or three (3) years as follows: (1) One Year Vaccination/One Year License. The license for a dog or cat with a one (1) year vaccination shall be obtained at the time of vaccination; shall be a one (1) year license; and shall expire one (1) year from the date of vaccination. Thereafter, if the dog or cat continues to receive one (1) year vaccination(s), the one (1) year license shall continue to be obtained at the due date of each annual vaccination and shall expire one (1) year from the date of the annual vaccination. All one (1) year licenses shall be renewed annually by presenting proof of vaccination as set forth herein, and paying the applicable fee. (2) Three Year vaccination/Three year License. The three (3) year license for a dog or cat with a three (3) year vaccination shall be obtained at the time of the three (3) year vaccination and shall expire on the due anniversary date of the three (3) year vaccination. All three (3) year licenses shall be renewed annually -on the due anniversary date of the three (3) year vaccination by presenting proof of vaccination as set forth herein, and paying the applicable fee. (3) Three Year vaccination/One Year License Transition Rules. Any person who obtains a three (3) year vaccination for a dog or cat but desires a one (1) year license may purchase a o ne (1) year license at the full cost thereof, as set forth in the Resolution adopted pursuant to section 302.04 E Such one (1) year license shall expire on the first anniversary date of the three (3) year vaccination, and a new one (1) year license at the full cost thereof shall be o btained by presenting proof of vaccination as set forth herein. Thereafter, the second one (1) year license shall expire on the second anniversary date of the three (3) year vaccination, and a new one (1) year license at the full cost thereof shall be obtained by presenting proof of vaccination as set forth herein. SECTION 3. AMENDMENT TO SECTION 302.07(D)(1). After the effective date of this Ordinance, Section 302.07(D)(1) of the Code shall be amended to read as follows: Section 302.07 Impoundment, redemption, surrender, and disposition of non - quarantined animals. (D) Surrender. (1) An animal may be signed over to the animal control division at any time prior to o r during impoundment of any nature whatsoever by its owner or his or her designee by executing an unconditional release and surrender statement, and paying, or making satisfactory arrangements for payment of all accrued fees, fines, and penalties. SECTION 4. AMENDMENT TO SECTION 302.081. After the effective date of this Ordinance, Section 302.081 of the Code shall be amended to read as follows: Section 302.081 DOGS INVOLVED in a BITING or ATTACK INCIDENT. (A). After an investigation into the circumstances, and in compliance with the requirements set forth herein, the animal control division is authorized to impose reasonable restrictions on any dog determined to be involved in any biting or attack 2 SECTION 2. AMENDMENT TO SECTION 302.04 (D). Commencing February 9, 2009, Section 302.04 (D) of the Code shall be amended to read as follows: Section 302.04. Procedure for application, issuance, and renewal of license. (D). All licenses issued shall be valid for one (1) year or three (3) years as follows: (1) One Year Vaccination/One Year License. The license for a dog or cat with a one (1) year vaccination shall be obtained at the time of vaccination; shall be a one (1) year license; and shall expire one (1) year from the date of vaccination. Thereafter, if the dog or cat continues to receive one (1) year vaccination(s), the one (1) year license shall continue to be obtained at the due date of each annual vaccination and shall expire one (1) year from the date of the annual vaccination. All one (1) year licenses shall be renewed annually by presenting proof of vaccination as set forth herein, and paying the applicable fee. (2) Three Year vaccination/Three year License. The three (3) year license for a dog or cat with a three (3) year vaccination shall be obtained at the time of the three (3) year vaccination and shall expire on the due anniversary date of the three (3) year vaccination. All three (3) year licenses shall be renewed annually -on the due anniversary date of the three (3) year vaccination by presenting proof of vaccination as set forth herein, and paying the applicable fee. (3) Three Year vaccination/One Year License Transition Rules. Any person who obtains a three (3) year vaccination for a dog or cat but desires a one (1) year license may purchase a o ne (1) year license at the full cost thereof, as set forth in the Resolution adopted pursuant to section 302.04 E Such one (1) year license shall expire on the first anniversary date of the three (3) year vaccination, and a new one (1) year license at the full cost thereof shall be o btained by presenting proof of vaccination as set forth herein. Thereafter, the second one (1) year license shall expire on the second anniversary date of the three (3) year vaccination, and a new one (1) year license at the full cost thereof shall be obtained by presenting proof of vaccination as set forth herein. SECTION 3. AMENDMENT TO SECTION 302.07(D)(1). After the effective date of this Ordinance, Section 302.07(D)(1) of the Code shall be amended to read as follows: Section 302.07 Impoundment, redemption, surrender, and disposition of non - quarantined animals. (D) Surrender. (1) An animal may be signed over to the animal control division at any time prior to o r during impoundment of any nature whatsoever by its owner or his or her designee by executing an unconditional release and surrender statement, and paying, or making satisfactory arrangements for payment of all accrued fees, fines, and penalties. SECTION 4. AMENDMENT TO SECTION 302.081. After the effective date of this Ordinance, Section 302.081 of the Code shall be amended to read as follows: Section 302.081 DOGS INVOLVED in a BITING or ATTACK INCIDENT. (A). After an investigation into the circumstances, and in compliance with the requirements set forth herein, the animal control division is authorized to impose reasonable restrictions on any dog determined to be involved in any biting or attack 2 SECTION 2. AMENDMENT TO SECTION 302.04 (D). Commencing February 9, 2009, Section 302.04 (D) of the Code shall be amended to read as follows: Section 302.04. Procedure for application, issuance, and renewal of license. (D). All licenses issued shall be valid for one (1) year or three (3) years as follows: (1) One Year Vaccination/One Year License. The license for a dog or cat with a one (1) year vaccination shall be obtained at the time of vaccination; shall be a one (1) year license; and shall expire one (1) year from the date of vaccination. Thereafter, if the dog or cat continues to receive one (1) year vaccination(s), the one (1) year license shall continue to be obtained at the due date of each annual vaccination and shall expire one (1) year from the date of the annual vaccination. All one (1) year licenses shall be renewed annually by presenting proof of vaccination as set forth herein, and paying the applicable fee. (2) Three Year vaccination/Three year License. The three (3) year license for a dog or cat with a three (3) year vaccination shall be obtained at the time of the three (3) year vaccination and shall expire on the due anniversary date of the three (3) year vaccination. All three (3) year licenses shall be renewed annually -on the due anniversary date of the three (3) year vaccination by presenting proof of vaccination as set forth herein, and paying the applicable fee. (3) Three Year vaccination/One Year License Transition Rules. Any person who obtains a three (3) year vaccination for a dog or cat but desires a one (1) year license may purchase a o ne (1) year license at the full cost thereof, as set forth in the Resolution adopted pursuant to section 302.04 E Such one (1) year license shall expire on the first anniversary date of the three (3) year vaccination, and a new one (1) year license at the full cost thereof shall be o btained by presenting proof of vaccination as set forth herein. Thereafter, the second one (1) year license shall expire on the second anniversary date of the three (3) year vaccination, and a new one (1) year license at the full cost thereof shall be obtained by presenting proof of vaccination as set forth herein. SECTION 3. AMENDMENT TO SECTION 302.07(D)(1). After the effective date of this Ordinance, Section 302.07(D)(1) of the Code shall be amended to read as follows: Section 302.07 Impoundment, redemption, surrender, and disposition of non - quarantined animals. (D) Surrender. (1) An animal may be signed over to the animal control division at any time prior to o r during impoundment of any nature whatsoever by its owner or his or her designee by executing an unconditional release and surrender statement, and paying, or making satisfactory arrangements for payment of all accrued fees, fines, and penalties. SECTION 4. AMENDMENT TO SECTION 302.081. After the effective date of this Ordinance, Section 302.081 of the Code shall be amended to read as follows: Section 302.081 DOGS INVOLVED in a BITING or ATTACK INCIDENT. (A). After an investigation into the circumstances, and in compliance with the requirements set forth herein, the animal control division is authorized to impose reasonable restrictions on any dog determined to be involved in any biting or attack 2 incident that does not result in severe injury or death. The following shall occur prior to the imposition of the reasonable restrictions: (1) The Animal Control Division shall conduct an investigation into the circumstances; (2) Following such investigation, if the Animal Control Division determines that the dog should be subject to reasonable restrictions to protect the health, safety, and welfare of the public, the Animal Control Division shall prepare a written determination ("Notice") that sets forth: (a) the reasonable restrictions to be imposed on the dog; (b) the effective date of the reasonable restrictions if the dog owner does not contest the Animal Control D ivision findings: and (c) the following appeals procedure: "NOTICE OF RIGHT TO APPEAL. You are hereby notified that you have the right to appeal this decision. If you wish to appeal the decision of the Animal Control Division, you must notify the Emergency Services Director in writing within five (5) working days from the date of this Notice, and request a review of the decision of the Animal Control Division. The Emergency Services D irector shall promptly review the decision of the Animal Control Division within five (5) working days from the date you as the Owner request such review. The Emergency Services Director shall, within five (5) working days from the date you as the Owner request such review: (i) promptly review the decision of the Animal Control Division; (ii) if he deems it advisable, meet with you as the Owner (iii) conduct such inquiries as necessary; and (iv) issue his written determination to you as Owner within five (5) calendar days after the completion of his review. The decision of the Emergency Services D irector is final.' If the Emergency Services Director upholds the decision of the Animal Control Division, the reasonable restrictions on the dog shall be effective on the date set forth in the written determination of the Emergency Services Director. PART II: 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 appropnate word. SECTION 4. EFFECTIVE DATE 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. Sections 1 and 2 of Part 1 of this Ordinance shall be effective on February 9, 2009, and 3 incident that does not result in severe injury or death. The following shall occur prior to the imposition of the reasonable restrictions: (1) The Animal Control Division shall conduct an investigation into the circumstances; (2) Following such investigation, if the Animal Control Division determines that the dog should be subject to reasonable restrictions to protect the health, safety, and welfare of the public, the Animal Control Division shall prepare a written determination ("Notice") that sets forth: (a) the reasonable restrictions to be imposed on the dog; (b) the effective date of the reasonable restrictions if the dog owner does not contest the Animal Control D ivision findings: and (c) the following appeals procedure: "NOTICE OF RIGHT TO APPEAL. You are hereby notified that you have the right to appeal this decision. If you wish to appeal the decision of the Animal Control Division, you must notify the Emergency Services Director in writing within five (5) working days from the date of this Notice, and request a review of the decision of the Animal Control Division. The Emergency Services D irector shall promptly review the decision of the Animal Control Division within five (5) working days from the date you as the Owner request such review. The Emergency Services Director shall, within five (5) working days from the date you as the Owner request such review: (i) promptly review the decision of the Animal Control Division; (ii) if he deems it advisable, meet with you as the Owner (iii) conduct such inquiries as necessary; and (iv) issue his written determination to you as Owner within five (5) calendar days after the completion of his review. The decision of the Emergency Services D irector is final.' If the Emergency Services Director upholds the decision of the Animal Control Division, the reasonable restrictions on the dog shall be effective on the date set forth in the written determination of the Emergency Services Director. PART II: 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 appropnate word. SECTION 4. EFFECTIVE DATE 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. Sections 1 and 2 of Part 1 of this Ordinance shall be effective on February 9, 2009, and 3 incident that does not result in severe injury or death. The following shall occur prior to the imposition of the reasonable restrictions: (1) The Animal Control Division shall conduct an investigation into the circumstances; (2) Following such investigation, if the Animal Control Division determines that the dog should be subject to reasonable restrictions to protect the health, safety, and welfare of the public, the Animal Control Division shall prepare a written determination ("Notice") that sets forth: (a) the reasonable restrictions to be imposed on the dog; (b) the effective date of the reasonable restrictions if the dog owner does not contest the Animal Control D ivision findings: and (c) the following appeals procedure: "NOTICE OF RIGHT TO APPEAL. You are hereby notified that you have the right to appeal this decision. If you wish to appeal the decision of the Animal Control Division, you must notify the Emergency Services Director in writing within five (5) working days from the date of this Notice, and request a review of the decision of the Animal Control Division. The Emergency Services D irector shall promptly review the decision of the Animal Control Division within five (5) working days from the date you as the Owner request such review. The Emergency Services Director shall, within five (5) working days from the date you as the Owner request such review: (i) promptly review the decision of the Animal Control Division; (ii) if he deems it advisable, meet with you as the Owner (iii) conduct such inquiries as necessary; and (iv) issue his written determination to you as Owner within five (5) calendar days after the completion of his review. The decision of the Emergency Services D irector is final.' If the Emergency Services Director upholds the decision of the Animal Control Division, the reasonable restrictions on the dog shall be effective on the date set forth in the written determination of the Emergency Services Director. PART II: 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 appropnate word. SECTION 4. EFFECTIVE DATE 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. Sections 1 and 2 of Part 1 of this Ordinance shall be effective on February 9, 2009, and 3 Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. This Ordinance was advertised in the Vero Beach Press Journal on November 22, 2008, for a public hearing to be held on December 16, 2008. Following the December 16, 2008, public hearing, this Ordinance was moved for adoption by Commissioner O'Bryan , and seconded by Commissioner Flescher and adopted by the following vote: Chairman Vice -Chairman Commissioner Commissioner Commissioner Wesley S. Davis Joseph E Flescher Peter D. O'Bryan Bob Solari Gary C. Wheeler NAY AYE AYE AYE AYE DULY PASSED AND ADOPTED THIS 16th DAY OF December, 2008:.: INDIAN RIVER COUNTY BOARD OF COUNY,C'OMMISS TIONERS' r>r Attest: Mary Louise Scheidt, Clerk, Ad Interim By.C•N Deputy Clerk Q B Wesley S. Davis, Chairmaha °„• ”, proved seph prove Baird, County Administra as to form and legal sufficiency: Ma ian E. Fell, Senior Assistant County Attorney EFFECTIVE DATE. This Ordinance was filed with the Department of State on the 3cJ day of December 2008, and Sections 1 and 2 of Part 1 of this Ordinance shall be effective on February 9, 2009, and Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. 4 Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. This Ordinance was advertised in the Vero Beach Press Journal on November 22, 2008, for a public hearing to be held on December 16, 2008. Following the December 16, 2008, public hearing, this Ordinance was moved for adoption by Commissioner O'Bryan , and seconded by Commissioner Flescher and adopted by the following vote: Chairman Vice -Chairman Commissioner Commissioner Commissioner Wesley S. Davis Joseph E Flescher Peter D. 0 Bryan Bob Solari Gary C. Wheeler DULY PASSED AND ADOPTED THIS 16th NAY AYE AYE AYE AYE DAY OF December, 2008. INDIAN RIVER COUNTY BOARD OF COUNTY COMMISSIONERS Attest: Mary Louise Scheidt, Clerk, Ad Interim By Deputy Clerk By Wesley S. Davis, Chairman proved: eph prove DULA Baird, County Administrator as to form and legal sufficiency: Ma ian E Fell, Senior Assistant County Attorney EFFECTIVE DATE- This Ordinance was filed with the Department of State on the 3c day of December, 2008, and Sections 1 and 2 of Part 1 of this Ordinance shall be effective on February 9, 2009, and Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. 4 Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. This Ordinance was advertised in the Vero Beach Press Journal on November 22, 2008, for a public hearing to be held on December 16, 2008. Following the December 16, 2008, public hearing, this Ordinance was moved for adoption by Commissioner O'Bryan , and seconded by Commissioner Flescher and adopted by the following vote: Chairman Vice -Chairman Commissioner Commissioner Commissioner Wesley S. Davis Joseph E Flescher Peter D. O'Bryan Bob Solari Gary C. Wheeler NAY AYE AYE AYE AYE DULY PASSED AND ADOPTED THIS 16th DAY OF December, 2008:.: INDIAN RIVER COUNTY BOARD OF COUNY,C'OMMISS TIONERS' r>r Attest: Mary Louise Scheidt, Clerk, Ad Interim By.C•N� Deputy Clerk Q B Wesley S. Davis, Chairmaha °„• ”, proved seph prove Baird, County Administra as to form and legal sufficiency: Ma ian E. Fell, Senior Assistant County Attorney EFFECTIVE DATE. This Ordinance was filed with the Department of State on the 3cJ day of December 2008, and Sections 1 and 2 of Part 1 of this Ordinance shall be effective on February 9, 2009, and Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. 4 Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. This Ordinance was advertised in the Vero Beach Press Journal on November 22, 2008, for a public hearing to be held on December 16, 2008. Following the December 16, 2008, public hearing, this Ordinance was moved for adoption by Commissioner O'Bryan , and seconded by Commissioner Flescher and adopted by the following vote: Chairman Vice -Chairman Commissioner Commissioner Commissioner Wesley S. Davis Joseph E Flescher Peter D. O'Bryan Bob Solari Gary C. Wheeler NAY AYE AYE AYE AYE DULY PASSED AND ADOPTED THIS 16th DAY OF December, 2008:.: INDIAN RIVER COUNTY BOARD OF COUNY,C'OMMISS TIONERS' r>r Attest: Mary Louise Scheidt, Clerk, Ad Interim By.C•N� Deputy Clerk Q B Wesley S. Davis, Chairmaha °„• ”, proved seph prove Baird, County Administra as to form and legal sufficiency: Ma ian E. Fell, Senior Assistant County Attorney EFFECTIVE DATE. This Ordinance was filed with the Department of State on the 3cJ day of December 2008, and Sections 1 and 2 of Part 1 of this Ordinance shall be effective on February 9, 2009, and Sections 3 and 4 of Part 1 of this Ordinance shall become effective upon filing with the Department of State. 4