HomeMy WebLinkAbout2013-014ORDINANCE NO. 2013 - 014
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA CONCERNING THE FERTILIZER
AND LANDSCAPE MANAGEMENT ORDINANCE, AMENDING
SECTION 316.6 (FERTILIZER CONTENT AND APPLICATION RATES)
AND SECTION 316.15 (APPLICABILITY) OF CHAPTER 316 (INDIAN
RIVER COUNTY FERTILIZER AND LANDSCAPE MANAGEMENT
ORDINANCE) OF THE CODE OF INDIAN RIVER COUNTY TO
ALLOW FOR THE GRADUAL AMORTIZATION OF THE SUPPLY OF
CERTAIN NITROGEN CONTAINING FERTILIZER AND APPLYING
CHAPTER 316 TO UNINCORPORATED INDIAN RIVER COUNTY, AND
MAKING FINDINGS AND PROVIDING FOR SEVERABILITY,
CODIFICATION; AND AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners adopted an ordinance regulating the
proper use of fertilizers in order to protect the water quality of Indian River County's natural and
constructed stormwater conveyances, rivers, creeks, canals, lakes, estuaries and other water
bodies; and
WHEREAS, the new fertilizer regulations require that the nitrogen content of fertilizer
applied to turf or landscape plants within Indian River County shall contain at least 50% slow
release nitrogen per guaranteed analysis label; and
WHEREAS, the new fertilizer regulations go into effect on October 14, 2013; and
WHEREAS, in order to provide adequate time for the supply of fertilizer containing
nitrogen that does not comply with these regulations to be eliminated, it is necessary to provide
additional time for retailers to eliminate those supplies that meet at least a minimum threshold of
slow release nitrogen,
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA, THAT:
Section 1. Enactment Authority.
Article VIII, §1 of the Florida Constitution and Chapter 125, Florida Statutes vest broad home
rule powers in counties to enact ordinances, not inconsistent with general or special law, for the
purpose of promoting the public health, safety and welfare of the residents of the county. The
Board specifically determines that the enactment of this ordinance is consistent with general or
special law, and is necessary and appropriate to promote the health, safety and welfare of the
residents of Indian River County.
Section 2. Findings.
The Board finds that the above "Whereas" clauses are true and correct, and hereby incorporates
such clauses as findings of the Board. ?
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ORDINANCE NO. 2013 - 014
Section 3. Amendment of Section 316.6 (Fertilizer content and application rates) of Chapter
316 (Indian River County Fertilizer and Landscape Management Ordinance) of the Code
of Indian River County (the "Code").
Section 316.6 (Fertilizer content and application rates) of Chapter 316 (Indian River County
Fertilizer and Landscape Management Ordinance) of the Code is hereby amended as follows:
Section 316.6. Fertilizer content and application rates.
(b) As of the effective date of this chapter, the The nitrogen content of fertilizer applied to turf or
landscape plants within Indian River County shall contain at least 2550% slow release nitrogen
per guaranteed analysis label. As of June 1, 2014, the nitrogen content of fertilizer applied to
turf or landscape plants within Indian River County shall contain at least 50% slow release
nitrogen per guaranteed analysis label.
Section 4. Amendment of Section 316.15 (Applicability) of Chapter 316 (Indian River
County Fertilizer and Landscape Manazement Ordinance) of the Code of Indian River
County (the "Code").
Section 316.15 (Applicability) of Chapter 316 (Indian River County Fertilizer and Landscape
Management Ordinance) of the Code is hereby amended as follows:
Section 316.15. Applicability.
This chapter shall be applicable to and shall regulate any and all applicators of fertilizer and
areas of application of fertilizer within the unincorporated area of Indian River County, unless
such applicator is specifically exempted; , that this ehapter- shall not apply
within the limits of I . . . ality whieh has adopted an er-dinanee regulating the same subjec4
matte . This chapter shall be prospective only, and shall not impair any existing contracts.
Section 5. Severability.
If any part of this ordinance is held to be invalid or unconstitutional by a court of competent
jurisdiction, the remainder of this ordinance shall not be affected by -such holding and shall
remain in full force and effect.
Section 6. Codification.
It is the intention of the Board of County Commissioners that the provisions of this ordinance
shall become and be made part of the Indian River County Code, and that the sections of this
ordinance may be renumbered or re -lettered and the word ordinance may be changed to section,
article or such other appropriate word or phrase in order to accomplish such intention.
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ORDINANCE NO. 2013 - 014
Section 7. Effective Date.
This ordinance shall become effective upon filing with the Florida Department of State
This ordinance was advertised in the Vero Beach Press Journal, on the 16th day of
September , 2013, for a public hearing to be held on the 1st, day of October
2013, at which time it was moved for adoption by Commissioner Solari , seconded by
Commissioner O' Bryan , and adopted by the following vote:
Chairman Joseph E. Flescher
Aye
Vice Chairman Wesley S. Davis
Aye
Commissioner Peter D. O'Bryan
Aye
Commissioner Bob Solari
Ave
Commissioner Tim Zorc
Aye
The Chairman thereupon declared the ordinance duly passed and adopted this 1st day of
October, 2013.
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`4p��y pOMM1SSj0°"". BOARD OF COUNTY COMMISSIONERS
-.;P,-JNDIAN RIVER COUNTY, FLORIDA
By:
eph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Cler�Cfiij'�,,. Approved as to form and legal sufficiency:
and Comptroller
By: r -V4 -W- am::e�
Dep Clerk an Reingold, County Attorney
EFFECTIVE DATE: This ordinance was filed with the Florida Department of State on the
day of , 2013.
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