HomeMy WebLinkAbout2017-003ORDINANCE NO. 2017--no-3
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
INDIAN RIVER COUNTY, FLORIDA, AMENDING SECTION 312.18
(TRAFFIC CONTROL DEVICES) OF CHAPTER 312 (RIGHTS-OF-WAY)
OF THE CODE OF INDIAN RIVER COUNTY, FLORIDA, MODIFYING
REQUIREMENTS PERTAINING TO BOARD APPROVAL OF TRAFFIC
CONTROL DEVICES AND THE TRAFFIC CONTROL DEVICE LEDGER;
AND PROVIDING FOR CODIFICATION, SEVERABILITY, A GENERAL
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, section 312.18 of Indian River County Code of Ordinances requires
the Indian River County Board of County Commissioners (the "Board") to semi-annually
approve the installation of all traffic control devices in the unincorporated area of the
county; and
WHEREAS, in order to reduce unnecessary bureaucratic processes, the Board
wishes to delegate the authority to the Public Works Director to install traffic control
devices in the unincorporated area of the county; and
WHEREAS, in order to promote transparency, the Board desires the Public Works
Director to make the traffic control device ledger available on the County's website so the
public will have access to the current information;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER COUNTY, FLORIDA THAT:
Section 1. Enactment Authority.
Article VIII, section 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 protecting the public health, safety and welfare of the
residents of the county. The Board specifically determines that the enactment of this
ordinance is necessary to protect the health, safety and welfare of the residents of Indian
River County.
Section 2. Legislative Findings.
The Board finds that the "Whereas" clauses above are true and correct, and hereby
incorporates such clauses as the legislative findings of the Board.
Section 3. Amendment of Section 312.18 (Traffic control devices) of Chapter 312
(Rights-of-way) of the Indian River County Code of Ordinances.
Section 312.18 (Traffic control devices) of Chapter 312 (Rights-of-way) of the Code of
Indian River County, Florida is hereby amended to read as follows:
New language indicated by underline, and deleted language indicated by strikethrough
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ORDINANCE NO. 2017- a0Z
CHAPTER 312. RIGHTS-OF-WAY
Sec. 312.18. — Traffic control devices.
The director of public works is delegated the authority to install traffic control devices in
the unincorporated area of the county. The director of public works shall maintain or
cause to be maintained a ledger reflecting the installation of all traffic control devices in
the unincorporated area of the county, which shall be made available on the County's
website. Sernu annually the direGtGF shall present te the beard Of GE)URty GGM i i a
Section 4. Codification. It is the intention of the Board of County Commissioners that
the provision 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.
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. Conflict. All ordinances or parts of ordinances in conflict herewith are hereby
repealed.
Section 7. Effective Date. This ordinance shall become effective upon adoption by the
Board of County Commissioners and filing with the Department of State.
This ordinance was advertised in the Indian River Press Journal on the 21st day of
February, 2017, for a public hearing to be held on the 7th day of March, 2017, at which
time it was moved for adoption by Commissioner snj,.i seconded
by Commissioner O' Bryan , and adopted by the following vote:
Chairman Joseph E. Flescher AYE
Vice -Chairman Peter D. O'Bryan AYE
Commissioner Susan Adams AYE
Commissioner Tim Zorc AYF
Commissioner Bob Solari AYE
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ORDINANCE NO. 2017 - _Ma
The Chairman thereupon declared the ordinance duly passed and adopted this 7t-1,
day of March, 2017.
BOARD OF COUNTY
COMMISSIONERS OF INDIAN RIVER
COUNTY, FLORIDA
6 "
ph E. Flescher, Chairman
ATTEST: Jeffrey R. Smith, Cler
and Comptroller
4,
By:
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the
day of March, 2017.
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
13Y
DYLAN REINGOLD
COUNTY ATTORNEY