HomeMy WebLinkAbout2022-017ORDINANCE NO. 2022- 017
AN ORDINANCE OF INDIAN RIVER COUNTY, FLORIDA,
AMENDING SECTION 205.03 (RULES AND
REGULATIONS) OF CHAPTER 205 (PARKS AND
RECREATION) OF THE CODE OF INDIAN RIVER COUNTY
IN ORDER TO PROHIBIT CERTAIN SMOKING ACTIVITIES
AT COUNTY OWNED PARKS CONSISTENT WITH STATE
STATUTE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR CODIFICATION; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Legislature of the State of Florida has amended section 386.209,
Florida Statutes to allow for counties to restrict smoking within the boundaries of any public
beach and public park that the county owns, except that the county may not restrict the
smoking of unfiltered cigars; and
WHEREAS, organizations like Coastal Connections and Keep Indian River
Beautiful collect over 22,000 cigarette butts per year from County beaches; and
WHEREAS, cigarette butts, cigarette tips, E cigarettes, and tobacco packaging are
the most common pollutants found on County parks and beaches; and
WHEREAS, contaminants and residues from cigarettes and E cigarettes negatively
impact the environment by taking up to 10 years to degrade; and
WHEREAS, the Board of County Commissioners wishes to prohibit smoking at
public beaches and County owned public parks to the extent authorized by statute,
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 Indian River County Board of County Commissioners
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. Amendment of Section 205.03 (Rules and regulations).
New language indicated by underline, and deleted language indicated by StFikethFeugl4.
Section 205.03 (Rules and regulations) of Chapter 205 (Parks and Recreation) of the
Code of Indian River County, Florida is hereby amended to read as follows:
CHAPTER 205 — PARKS AND RECREATION
Section 205.03. — Rules and regulations.
(28) Smoking. Smoking at any public beaches and County owned public parks shall be
prohibited. This does not apply to the smoking of unfiltered cigars.
Section 3. Conflict. All ordinances or parts of ordinances in conflict herewith arehereby
repealed.
Section 4. 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 5. 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 6. 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 9th day of
December, 2022, for a public hearing to be held on the 20th day of December, 2022, at
which time it was moved for adoption by Commissioner Joseph E. Flescher, seconded
by Commissioner Deryl Loar, and adopted by the following vote:
Chairman Joseph H. Earman
AYE
Vice -Chairman Susan Adams
AYE
Commissioner Joseph E. Flescher
AYE
Commissioner Deryl Loar
AYE
Commissioner Laura Moss
AYE
The Chairman thereupon declared the ordinance duly passed and adopted this 20th day
of December, 2022.
•• •�061M/S '••.
BOARD OF COUNTY �;�y,.- •-si0 -.
COMMISSIONERS OF INDIANV
COUNTY, FLORIDA
By:
Joseph H. Earman, Chairman'•R��fRcouN'•
ATTEST: Jeffrey R. Smith, Clerk
and Comptroller
By.
Deputy Clerk
EFFECTIVE DATE: This Ordinance was filed with the Department of State on the o1AM
day ofder , 2022
APPROVED AS TO FORM
ANI) LEGAL SUFFICIENCY
`ALAN rli NCGzL.O
Ot3t1N T Y ATTORNEY