HomeMy WebLinkAbout1990-289/20/90(ORD1)Legal(TPO/sb)
ORDINANCE 90-28
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, ESTABLISHING CERTAIN MIS-
CELLANEOUS OFFENSES IN A NEW CHAPTER
306; PROVIDING FOR REPEAL, SEVE
AND AN EFFECTIVE DATE.
WHEREAS, certain offenses have been established in
Indian River County by Special Acts of the Florida
WHEREAS, these Special Acts are codified herein
for ease of reference, and
WHEREAS, other actions should be prohibited by the
County for the general welfare,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
COUNTY COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AMENDMENT
A new Chapter 306, Miscellaneous Offenses, is
hereby adopted as set forth in Attachment!A".
SECTION 2. REPEAL
Chapter 17 is hereby repealed in its entirety.
Regulation of precious metal -s and stones, and drug
paraphernaria, which appear -ed in—Lhap-t-er 17, is now
provided for in Florida Statutes.
SECTION 3. SEVERABILITY.
If any section, or if any sentence, paragraph,
phrase,- or word of this ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance,
and it shall be construed to have been the legislative
intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION 3. EFFECTIVE DATE.
This ordinance shall become effective on becoming
law,
Appmved and adolit-ed by the _Board of County
Commissioners of Indian River County, Florida, on this _11
day of December__—_, 1990.
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This ordinance was advertised in the Vero Beach
Press -Journal on the 16 day of November—, 1990, for a
public hearing to be held on the 11 _ day of December
1990, at which time it was moved for adoption by
Commissioner Wheeler seconded by Commissioner
Bird and adopted by the following vote:
Chairman Carolyn K. Eggert _Ave_
Vice Chairman Richard N. Bird Aya_
Cummi ss lo-ner-Nlarg-are-t—&;—Bowman_gx
Commissioner Don C. Scurlock, Jr. AXE
Commissioner Gary C. Wheeler _AYE
BOARD OF COUNTY COMMI'SS'IONERS
INDIAN RIVER COUNTY, FLORIDA
By
Carolyn Egge.l
Attest By
Acknowledgment by the Department of State of the St,;
Florida, this 24th dayof December 14"g0•'
--- -----------
Effective date: Acknowledgment from the Department of.
received on this 28th day of December 1990,
a.m./p.m. and filed in the Office o tF Cle.rk of the
o f C(Tu tv Commi-ssToners—o bi-nd Fan—R i ve r-aun ty , FJ -o -r d
2
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ATTACHMENT "A"
CHAPTER 306.01 MISCELLANEOUS OFFENSES
Section 306.01 Surfing or water skiing -_Sebastian rniet
It is unlawful for any person to engage in surfboard riding
or water skiing or to assist another person to engage in
water skiing in or within two hundred (200) feet of the
Sebastian Inlet. (Sp. Acts, Ch. 67-1153, § 1)
Section 306.02 Penalty violation -of Section -306.01
Violation of this action [section 306.01] shall constitute a
misdemeanor punishable as such (Sp. Acts, Ch. 67-1153, § 2)
Section 306.03 Oyster Harvesting
1. It is unlawful for any person to harvest oysters in
Indian River County, whether such harvesting be for
private use, commercial sale, or for out -of -season
relaying, frrom�-IiorWt-e Ind--vhrcir i
within seventy-five (75) feet of the shoreline of the
Indian River County or from any canal in Indian River
County without first obtaining written permission from
the owner of the public or private property which is
within seventy-five (75) feet of the shoreline of the
river or which directly borders any such canal.
2 With r-espect to the harvesting of oysters from any
canal in Indian River County, the owner of the property
abutting the canal shall be deemed to have jurisdiction
to the midpoint of the canal for the purpose of
granting permission for any such harvesting.
3. The violation of any provision of this act [section] is
declared to be a criminal offense and misdemeanor
within the meaning of Section 775.08, Florida Statutes,
and -shall- be pun! shabF as-revided-by-taw-. (Sp. Acts,
Ch. 79-480, §§ 1, 2)
4. Additional statutory restrictions are contained in
Chapter 370, Florida Statutes.
Section 306.04 Soundin2_of train_ horns_ or whistles
between certain hours
It shall be unlawful for any engineer, conduc o�fITWan-orr
other person in charge of or in control of any locomotive or
railroad train of any railroad company operating wholly
within this state to sound any railroad train horn, whistle
or other audible warning signal between 10:00 p.m, and 6:00
a.m. in advance of or at any rail highway crossing located
within Indian River County, providing that the crossing is
equipped with train -activated automatic traffic control
devi-c-es-_wti-ich-sha_I_I incLude-, flashing lights, bells and
crossing gates.
Section 306.05 Sellincgoods_on street or sidewalks
It shall be unlawful for any person to use or occupy any
portion of any public square, park, street, right-of-way, or
sidewalk for the purpose of exhibiting, selling or offering
for sale any goods, wares, or merchandise in Indian River
County -outside- the eorpor-ate-i-ma-ts-o- any-c1ty_w_Lthnut a
permit issued by the County.
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