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Agenda 02/21/1989 S AGENDA Special meeting of the Parks and Recreation Advisory Board held on February 21, 1989, 8:30am, at the Parks and Recreation Administration Building. Purpose: To review the proposed Ordinance 89- tentatively titled the "Collier County Beach & Water Safety and Vessel Control Ordinance. " Objective: To provide a recommendation to the BCC regarding the proposed Ordinance. Possible Courses of Action: 1. Recommend the Ordinance as proposed; 2 . Recommend the BCC reject the proposed Ordinance: a. change or delete sections of the Ordinance; b. break the Ordinance up into two or more Ordinances; c. recommend alternative course(s) of action; Scope: Please note--we will not attempt to rewrite the Ordinance. We will recommend a course of action for the BCC. rmill .0: ORDINANCE 89- AN ORDINANCE RELATING TO BEACH & WATER SAFETY AND VESSEL CONTROL; PROVIDING FOR INTENT AND PURPOSE; PROVIDING TITLE AND CITATION; SETTING FORTH APPLICABILITY AND DEFINITIONS; PROVIDING FOR REGULATION OF USE AND CONDUCT ON THE BEACH; PROVIDING FOR VESSEL REGULATION; PROVIDING FOR REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR REPEAL OF ORDINANCES NO. 81-11 AND NO. 85-6; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the recreational use of the public beaches is a treasured asset of this County which is afforded to the public at large, including residents of and visitors to the County; and WHEREAS, the manner, mode, type and degree of uses to which the public beaches and adjoining waters are placed by the public affects the health, safety and welfare as well as right to enjoyment thereof by the individuals occupying or using said beaches and waters for recreational purposes as well as those 0 residing nearby; and �� WHEREAS, the operation of boats And other watercraft in excess of idle speed poses a threat to the health, safety and welfare of swimmers and others who are located offshore from beaches and shorefront bathing areas; and WHEREAS, it is necessary that the speed and operation of aircraft, boats and watercraft located offshore from beaches and shorefront bathing areas be controlled in order to protect the health, safety and welfare of the citizens of Collier County and visitors to Collier County; and 1 WHEREAS, it is in the interest for the safety and welfare of the public that certain controls and regulations be enacted to reduce risk of injury to the public and ensure the enjoyability of these natural resources by the general public. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: INTENT AND PURPOSE It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the public at - 1 - large, including residents and visitors to Collier County by providing reasonable regulation of the public's use and conduct on the beach and adjoining waters of Collier County, including the designation of specific areas within which the operation of aircraft and vessels may be regulated or prohibited. It is further intended that this Ordinance shall be liberally construed to effect Such intent and purpose. SECTION TWO: TITLE AND CITATION This Ordinance shall be known and be cited as the "Collier County Beach & Water Safety and Vessel Control Ordinance". SECTION THREE: APPLICABILITY This Ordinance shall apply to and be enforced in the unincorporated area of Collier County, including Key Island and Marco Island, but shall not apply to the other barrier islands within Collier County jurisdiction. SECTION FOUR: DEFINITIONS For the purposes of this Ordinance, the following words shall be defined as set forth below: A. AIRCRAFT - means any motor vehicle or contrivance now known or hereinafter invented, which is used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. The term "aircraft" shall include ultralight aircraft and seaplanes. B. A-WEIGHTED SCALE or SOUND LEVEL - The sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA. C. BATHER - means any person who is in the same water as a vessel, whether said person is swimming, wading or engaged in any other activity in the water. D. BATHING AREA - means any area of the beach and adjoining waters in which bathers are located or may be located, whether or not designated by signs or other form of notification. - 2 - E. BEACH - the soft sand portion of land lying seaward of a seawall or line of permanent vegetation and seaward of the mean high water line. F. BLOODBAITING - the use of blood or bloody fish parts to attract sharks. G. CAMPING - The erection of shelter or similar structures for the purpose of sleeping or lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or other protective garb. H. CHUMMING - The throwing of bait or fish parts into the water to attract fish. I. COLLIER COUNTY or COUNTY - shall mean the unincorporated area of Collier 'County, Florida. J. DECIBEL (dBA) - A unit for describing the amplitude of sound, equal to twenty (20) times the logarithm to the base ten (10) of the ratio of the pressure of the sound measured to the reference pressure, which is twenty (20) micronewtons per square meter. K. GULF - The Gulf of Mexico. L. IDLE SPEED - means the lowest speed at which a vessel or sailcraft can operate and maintain steering control. M. JET SKI - any personal water craft designed exclusively for the riding enjoyment of one or two persons, being propelled by propellers or by a jet pump with a fully enclosed impeller and not weighing over 350 pounds or having a length greater than 10 feet. The term jet ski for purposes of this Ordinance shall include "sea sleds," "dolphin boats," "wave runners," or other such product name meeting the description herein provided. N. LICENSE or LICENSED - as used herein means a Collier County Occupational License or having such license. - 3 - - ` ;' s O. OPERATE or OPERATION - means to navigate or otherwise use any aircraft or vessel in or on the water. P. PERMIT - Beach Vendor's Permit issued by the County. Q. RAFTS, FLOATS, AND FLOTATION DEVICES - Any device, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the floatation of a person on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but shall include body boards unless the context clearly indicates otherwise. R. SAILCRAFT - a wind-propelled vehicle used or capable of being used as a means of transportation on or in the water, including sailboats, sailboards and windsurfboards. S. SEAPLANE - means any aircraft as defined herein that is capable of landing and/or lifting off from a water surface. T. SOLICIT OR CANVASS - Any act,- delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals, or any exchange of value. U. SURFING - Surfing means the riding or paddling of a surfboard within the waters of the Gulf of Mexico abutting or adjacent to the beach. V. ULTRALIGHT AIRCRAFT or ULTRALIGHT - means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. W. VESSEL - means a motor propelled or artificially propelled vehicle and every other description of - 4 - boat, watercraft, barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on or in the water, including jet skis. SECTION FIVE: REGULATION OF USE AND CONDUCT ON THE BEACH A. Possession of Glass Containers Prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. B. Restrictions on Animals on Beach. It shall be unlawful for any person owning or have under his control any animal, to permit such animal upon the beach, except guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons shall be allowed on the beach at all times. C. Open Fires Prohibited; Heated Objects to be Disposed of Properly. It shall be unlawful for any person to have an open fire on the beach. Said prohibition shall not include a stove or grill where so designated and posted by the County Parks and Recreation Department. It shall be unlawful for any person to dispose of any coals, briquets, embers or other heated object from any stove or grill at the beach in other than a County designated receptacle. D. Overnight Camping Prohibited. It shall be unlawful to camp overnight on the beach. E. Fishing. It shall be unlawful for any person: (1) to fish in the Gulf where bathers are present after having been warned by any law enforcement officer that the health and safety of bathers is being endangered thereby; or (2) while on the beach or within 1,000 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any sort on the part of any law enforcement officer or county employee to prevent fishing or to warn of the presence of sharks in the Gulf. of Mexico. ; - 5 - } F. Throwing of Balls, Frisbees, or Other Objects. It shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area so as to interfere with or endanger the movement of pedestrian traffic or public safety on the beach. G. Swimming. No person except a person actually engaged in a rescue attempt shall: (1) swim or bathe within 150 feet measured in any direction from a pier or jetty; (2) swim or bathe in any area posted exclusively for vessel and/or sailcraft use. H. Use of rafts, floats, and other flotation devices. No person shall: '1) use any raft, float, body board, or other flotation device of any description, except for a vessel or sailctaft, more than 500 feet from the water's edge. I. Operation of vessel or sailcraft while intoxicated'. No person shall operate a vessel or sailcraft of any description, whether motorized or not, surf or otherwise use any other equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or any chemical substance as set forth in Section 877.111, Florida Statutes, or any substance controlled under Chapter 893, Florida Statutes, to the extent that the person's normal faculties are impaired. J. Use of aircraft on beach or adjoining water prohibited. No person shall operate an aircraft, including seaplanes or ultralights, on or from the beach or the water within 500 feet of the water's edge. K. Soliciting and Canvassing Prohibited. There shall be no solicitation or canvassing of the public on the beach: (1) By other than licensed concessionaires of goods and services for use or consumption on the beach. No person other than a licensed concessionaire shall solicit or canvass for the sale or rental of merchandise, services, goods, or property of any kind or character intended for use or consumption on the beach. (2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character except from within or within 10 feet of his licensed premises or vehicle. - 6 - ' (3) By any person of goods and services for use or consumption off the beach. No person shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character to be delivered or performed off the beach. L. Sound Amplification. No audio device, such as loudspeakers, television, radio, compact disc, tape, or record player, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach in a manner: (1) that exceeds a noise level of 60 decibels (dBA) measured on the A-weighted scale at 25 feet from the sound source; or (2) that otherwise violates the Collier County Noise Control Ordinance. M. Breach of the Peace; Disorderly Conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct. N. Removal of Beach Sand. No beach sand may be removed from the beach. O. Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or ashes, or any other litter, except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach. SECTION SIX: VESSEL REGULATION 1 A. Operation of vessel in excess of idle speed prohibited. (1) The operation of any vessel, or sailcraft, in excess of idle speed, as defined herein, in or on all waters of the Gulf of Mexico within three hundred feet (300 feet) offshore from all sandy beaches and shorefront bathing areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether or not such area is designated by appropriate sign, buoy or other public notice. (2) Jet ski regulation. No person shall operate a jet , ski: - 7 - ,. (a) closer than 300 feet perpendicular from the water's edge except to go and from the shore or except in a vessel corridor designated under subsection (3) hereof nor shall proceed to that portion of the Gulf beyond 300 feet at a speed greater than merely necessary to effectively traverse the breaking water; (b) in an unsafe, reckless or careless manner endangering the life, limb, or property of any person. (3) Vessel corridors. The following areas of the Gulf adjacent to the beach closer than 300 feet from the shore may be designated as being exclusively for vessel use between dawn and dusk daily: (a) Those areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks and such other parks and areas designated and posted by the County Parks and Recreation Department as vessel corridors or use areas. (4) Beach launch of vessels regulated. No person except a law enforcement officer, authorized emergency personnel, or other person actually engaged in a rescue attempt shall traverse the beach with a motorized boat or jet ski and launch such vessel from the beach from an unauthorized launching area. (5) Water Skiing. No person(s) including skier(s) and vessel operator(s) shall water ski closer tha 00 —,S OD feet from the edge of the beach directly on the Gulf. (6) Sailcraft, including sailboats, windsurf boards, "�✓ and sailboards. No person shall operate a sailcraft closer then 300 feet perpendicular from the water's edge where bathers are present except to go to and from the shore by the most direct means passible in a safe and reasonable mariner. (7) Regulated areas. No person shall operate a motorized vessel or sailcraft within an area which has been clearly marked by buoys or some other distinguishing device for bathing, swimming or which has been otherwise restricted by the County, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. B. Vessel speed not to exceed reasonable speed under existing conditions. Nothing contained in this Ordinance shall be construed to authorize or approve the speed of any vessel in excess of that which is reasonable and proper under the existing conditions or circumstances including, but not limited to, the presence of water skiers, bathers, fishermen, natural hazards or other water traffic. C. Exemptions. The following shall be exempted from the provisions of Section Six of this Ordinance: 8 - (1) The provisions of this Ordinance shall not be construed to prohibit the operation, racing or exhibition of boats or other vessels during a publicly announced, property authorized, supervised and adequately patrolled regatta, speed trial or exhibition. (2) The operators of Law Enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted from the provisions of this Ordinance while conducting official duties or operating under emergency conditions. (3) Commercial vessels are exempted from the provisions of this Ordinance while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and in accordance with Section Six (B) , Vessel speed not to exceed reasonable speed under existing conditions. Under no circumstances, however, shall commercial vessels be operated at greater than idle speed within three hundred feet (300 feet) of bathers. SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations: A. Beach Vendor Permit Requirement. Any person engaged in the rental, leasing, bailment for consideration, or otherwise _44(card e cfc ,u-esf,tt_.6 providing transportation for remuneration, of vessel(s) for use by the public on the beach or adjoining waters of Collier County, 11� including jet skis and sailcraft, shall be required to obtain a "Beach Vendor Permit" from the County. A Beach Vendor Permit shall issue and be maintained upon the applicant paying such application fee therefor as established by the County by resolution and meeting the following requirements: (1) The applicant must have an operations office or headquarters located at a land-based location with direct access on the beach in the immediate area where the vessels are being provided for public use. (2) The applicant must have and maintain a telephone at its land-based operations office. (3) The applicant must have a motorized chase boat with operational marine radio in good running condition that meets all U. S. Coast Guard safety requirements kept at vessel rental site during all _ hours of applicant's rental operations. - 9 - (4) The applicant must have and maintain comprehensive general liability insurance with coverage not less than the amount of $500,000.00 combined Single Limits. (5) The applicant shall provide a list describing and indicating the Florida vessel registration number of each motorized vessel applicant shall place in service. Any motorized vessel placed in service for public use after a Beach Vendor's Permit has issued shall have a Florida vessel registration number affixed thereon. (6) The applicant shall provide proof of having minimally one operational life vest for each occupant space on each of the vessels to be offered for public use under Section Seven of this Ordinance. (7) The applicant shall obtain a County occupational license for its operations office required under Section Seven of this Ordinance. To obtain an occupational license, the applicant must provide proof of having a current, valid Beach Vendor's Permit. B. Beach Vendor Permittee / Vessel User Regulations. (1) The rental or operation of a motorized vessel subject to the provisions of Section Seven of• this Ordinance is prohibited to anyone under sixteen (16) years of age except for those children between twelve (12) and sixteen (16) years of age who may operate such vessel provided that the child's parent or an adult supervisor over the age of twenty-one (21) years operates another such vessel to accompany the child. It shall be a violation of this Ordinance for any person to rent, lease or otherwise provide for money or money's worth a motorized vehicle to anyone except as provided herein. (2) The renter, user, passenger of or on any vessel (Q z' °-- described in Section Seven shall wear a Ct operational life vest while using or having such vessel in the water, and it is a violation of this Ordinance for any such persons using such vessel(s) not to wear a life vest. SECTION EIGHT: PENALTY Any owner, operator, or person in command of any vessel or aircraft or any other person who violates the provisions of this Ordinance or fails to comply with the requirements of this Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violation. In addition, and as as an alternative means of enforcement, Collier County may enforce the provisions or requirements of this Ordinance by means of any available civil remedy before the appropriate Code Enforcement Board or in a court of competent jurisdiction. - 10 - SECTION NINE: ENFORCEMENT The provisions of this Ordinance shall be enforced by members of any duly authorized law enforcement agency or officers having jurisdiction in Collier County, Florida. SECTION TEN: REPEAL OF ORDINANCE NO. 81-11 AND NO. 85-6 This Ordinance supersedes and repeals Collier County Ordinances No. 81-11 and No. 85-6. SECTION ELEVEN: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWELVE: EFFECTIVE DATE This Ordinance shall take effect upon receipt of notice from the Secretary of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this day of ATTEST: BOARD OF COUNTY COMMISSIONERS JAMES C. GILES, Clerk OF COLLIER COUNTY, FLORIDA BY: BURT L. SAUNDERS, Chairman Approved as to form and leg/al sufficiency: Davi C. Weig Assistant County Att e rney r f - 11 - ty .. February 21, 1989 1 + LET IT BE REMEMBERED, that the Parks & Recreation Advisory Board met on this date at 8 : 30 A.M. in the Palmetto Room of the Administration building at Golden Gate Community Park, Naples, Florida, with the following members present: Chairman: Scott McQuillin Vice Chairman: Charles Stevens Kim Kobza Gil Mueller ALSO PRESENT: Dave Weigel, County Attorney's Office; Kevin O'Donnell, Public Services Administrator; Cliff Crawford, Parks and Recreation Director; Murdo Smith, Parks and Recreation Manager; Dennis Gulley, Marriott's Marco Island Resort; Ron Hagerman, Marco Island Ski & Watersports; Steve Wheeler, Vanderbilt Inn and Collier County Hotel/Motel Association; Dennis Clark, Ritz Carlton; James Patton, Maxxair Adventures Sea Planes; Pamela S. MacKie, Vanderbilt Inn; Mike Monti, Naples Daily News; Barbara Johnson, Parks & Recreation Secretary. 4 Meeting was called to order by Chairman Scott McQuillin for the purpose of reviewing the proposed Ordinance 89- tentatively titled the "Collier County Beach & Water Safety and Vessel Control Ordinance" and making a recommendation to the BCC regarding this ordinance. It is desired to hear opinions and points of view from all concerned and we are interested in working out something fair (my all all. This will be a Board discussion and if members of the audience wish to speak they may raise their hand. We will proceed in an orderly fashion and hope to limit this meeting to two hours. Section I - Intent and Purpose - no questions Section II - Title and Citation - no questions Section III - Applicability QUESTION: Mr. Wheeler, Vanderbilt Inn : Does the City of Naples have a ordinance similar to that? ANSWER: It is not known for sure. This does not apply to the City of Naples. Section IV - Definitions Question - Mr. Mueller: Section III. Should Sand Dollar Island be included? It is not really a barrier island but it is becoming a major recreation area in Collier County. ANSWER: We will make a note of that and come back to it later. Question the definition of a barrier island. Definitions - A. Mr. McQuillin: Aircraft - I do not know if it was intended to include parasailing or radio controlled planes. -1- Page 3 - no questions Page 4 , "T" - QUESTION: Mr. Mueller: Does that include the illuminated sign boat that goes up and down the beach at Marco? ANSWER: Mr. McQuillin: I would assume that they are just defining the act of soliciting and canvassing. Probably depends upon the distance that it comes from the shore line. Section V: Regulation of Use and conduct on the Beach A. Is already covered by another Ordinance. B. Restrictions of animals on beach covered by another Ordinance; does not apply to seeing eye animals. C. Open Fires QUESTION: Mr. Wheeler: Several hotels occasionally have luaus where we have a need to have a grille for a function. Does that eliminate that possibility, and if so I want to raise an objection to it. ANSWER: Mr. Weigel: This Ordinance as drafted is generic in some respects and we will be looking for input from interested parties; as such it is serving as a model. Concerning open fires - the area we are talking about is the public beach below the mean high water line where the public will be able to walk freely without concern of boating or other activities. The idea is the County wanted to regulate free space where the public is. Vanderbilt Beach Hotel typically has beach access to the C public beach and one thing that might be kept in mind is the placement of grills. You will be in the area if you are near the water. There are a couple of ways this could be addressed, either be authorized for certain areas or for periods of time, so that the County is aware of activities going on. QUESTION: Mr. McQuillin: When you have activities do they usually occur between high water mark and the Gulf itself? ANSWER: Mr. Wheeler: The tide depends upon the size of the moon. We have an ongoing program for beach planting in front of our property and I am not sure what is considered high water line. We try to keep the grills as near the building as possible for service purposes. QUESTION: Mr. McQuillin: What is the intent of prohibiting fires on the beach? ANSWER: Mr. Weigel: When people on the beach have a fire it lends itself to potential conflagration which could spread and also people walking the beach could be hurt. QUESTION: Mr. McQuillin: Under this Ordinance is there any way to obtain a permit to have a camp fire on the beach? ANSWER: Mr. Weigel: No. On a large scale activity that would be known about in advance - it is not the intent to apply that type of restriction - can have grilles as opposed to open pit fires. The County through Parks and Recreation will say where the fires can be. Keewaydin Island is popular for boaters on the south end of the island. If Parks and Recreation should designate the area there where grilling can take place, you could continue to have contained fires . A container fire device for cooking can still be used, such as a grill or hibachi, we do not want to get into private property. It is not that the County does not have -2- jurisdiction under the public Health and Safety even on private C property. The mean high water line is not a tide line, it is abstract. The Ordinance just attempts to be the most reasonable attempt to create some regulation in the public areas and be more instructive for private areas. QUESTION: Mr. Kobza: When you drafted this Ordinance some areas are general, but did you understand that there would be changes in it, or is it intended as a draft? Did you expect changes? ANSWER: Mr. Weigel: Have no expectations of PARAB. Under the direction of BCC with the assistance of Parks and Recreation and Kevin O'Donnell, Public Services Administrator, we put together this draft. It is being drafted as an Ordinance and it took into account the ordinances already on the books - beach ordinances, boat regulation, glass on beach. It has been advertised to the public - changes can be brought to the attention of the Board of Commissioners on February 28, but no changes can be made or cannot deviate as it is advertised without the hearing being readvertised. What we expect to occur is to maybe have some differences of view and maybe some elements of various interests may suggest to be added. That would come to the attention of the Board through report or public appearance. QUESTION: Mr. Kobza: Our function then is to make recommendations. One of the possibilities is to make recommended specific changes. ANSWER: Mr. Weigel: It may be your function, but it is normal procedure of an Ordinance to have a public hearing for review. QUESTION: Mr. Kobza: Cliff, on Keewaydin, do we have designated receptacles (r and do we have the power to put receptacles in areas not part of the County beach system? ANSWER: Mr. Crawford: Authority will be delegated to Parks and Recreation. Some things to take into consideration is the health, safety and welfare of the public as well as comments from various departments - Fire Department regarding dry seasons - insure whatever takes place would be safe in nature for the public at large. QUESTION: Mr. Kobza: To enforce the beach regulations at Keewaydin - are you going to put it receptacles there? ANSWER: Mr. Weigel: People will not leave anything at a beach unless it is in a receptacle. This Ordinance does not require County to place receptacles. It is stating to people if you are going to leave coals to put them in a receptacle, otherwise take them with you. The idea is to clean up your mess if you make one, leave litter in a receptacle if there is one, or take it with you. QUESTION: Mr. McQuillin: I question why this Ordinance is so comprehensive. Why does it include other ordinances? ANSWER: Mr. Weigel: Section 5 "A" - is in a previous Ordinance, "B" is in Parks Ordinance at present time. Some other elements, over night camping, air craft on the beaches, etc. are ones that both the County Attorney's and Board of County Commissioners' offices, as well as Public Services office, had calls from people. We were asked to put something together which the BCC will sift through and decide what to keep - ease of administration of the Ordinance - previous ordinances were largely going to be repeated in this. I did some research and worked with the concessionaires and it turns out that not just jet skis are creating problems, but also other boats and it then turned into a vessel ordinance. QUESTION: Mr. McQuillin: A, -3- B, C, D, are in previous ordinances - I wondered why they are included in this Ordinance. ANSWER: Mr. Weigel: "D" - Over night camping - is an example. It is already prohibited in the City of Naples. QUESTION: Mr. Mueller: I have received input from the President of Tigertail Beach Association, Commodore of the Cruise club with 224 members who use the beach a great deal, and gentlemen on the front lines of Tigertail Beach and I have some questions. Section III - Applicability. It mentions Keewaydin and Marco Island - what about Sand Dollar Island. May it not be advisable to include Sand Dollar - it is a mile long and getting larger - turning into a popular recreation spot. ANSWER: Mr. Weigel: Good point. QUESTION: Mr. McQuillin: Barrier islands are not defined. ANSWER: Mr. Weigel: Sand Dollar would not be classified as a barrier island and it is something to be recommended that it be added. QUESTION: Mr. Mueller: Section IV "T" - Solicit or Canvass - wondering if this applies to the illuminated sign boat that cruises Marco Island advertising and is less than 300 feet out. ANSWER: Mr. Weigel: "T" is a definition. It would be included on page 6, "K" . I think you will find they are not directly soliciting and getting into people's faces on the beach. Think under sub-paragraph, page 2 , if licensed concessionaire it might be OK. Mr. McQuillin: It would be one of the things we can go over with the BCC. Mr. Weigel: . They would have to have a license. I do not see that they are directly protected here. I will see if we can come up with language to request that question. QUESTION: Mr. Kobza: Applicability - does it apply to Vanderbilt and all other unincorporated beaches, because it does not specifically describe that. ANSWER: Mr. Weigel: It covers all beaches in unincorporated areas and has additional language for Keewaydin and barrier islands. QUESTION: Mr. Wheeler: Does the City of Naples have similar ordinances? ANSWER: Mr. Weigel: I do not have the Ordinance number to give you. Their ordinances are about beach and not the parks, pier and all beach access areas. Section V - Any questions? QUESTION: Mr. Kobza: Overnight camping prohibited - again, I am referring to Keewaydin, does this only prohibit camping up to mean high water level? What if you anchor your boat and set up tents in the interior of the island? ANSWER: Mr. Weigel: You would be on private property and it would be up to owners to allow you to remain. High water line is probably pretty far up into that peninsula area. Ms MacKie: The owners of Keewaydin are aware of the camping going on but they are not encouraging camping in that area. Mr. McQuillin: You could anchor 300' within the water line overnight? ANSWER: Yes. Mr. Kobza: You are in fact trespassing. QUESTION: Mr. McQuillin: Part E - fishing. Mr. Mueller: It is not referring to commercial fishing - just sitting in boats? Mr. McQuillin: Just in "E" . Mr. Mueller: There is a lot of fishing from the beach at Tigertail Beach. Mr. McQuillin: We will make a note of that. Mr. Kobza: "E" 1 - wording - bathers require people in the water and I am thinking at Vanderbilt Beach often times you do not have people in the water but they are on the beach where these guys are casting. -4- Mr. McQuillin: I do not want to be over technical here but bathers is described as in the same water as a vessel. ANSWER: Mr. Weigel: Thank you for your comments, it could be expanded and be more concise. Regarding (1) fishing - put whether or not you are standing on the beach or in the water. There has to be a warning first, cannot fish with other bathers present and until you are warned you are not breaking the law. Bathers needs to be modified - it cannot be done without further advertising. F - Throwing balls, frisbees, or other objects. QUESTION: Mr. Wheeler: What do we have beach and recreation areas for if only can play ball, etc. in special areas. If you issue citations or start offending the tourists for throwing a frisbee on the beaches of Naples, we are in serious trouble. Mr. Gulley: If you can't throw a frisbee or a ball, what can we do? Mr. McQuillin: I would assume the reason this occurred is because someone called up and said he got hit in the head. Do you have some type of suggestion for an alternative? Ms. MacRie: The motivation here is to protect the people, you have the possibility if someone became negligent or if they endanger pedestrians but not just that the pedestrians have a greater right to use beach than a person throwing a frisbee. Marco Island is self policing. This is the type of thing that the sheriff's department could do. ANSWER: Mr. Weigel: Again it is not a prohibition on frisbee throwing, touch football, etc. It is to regulate where other people are present. Players can pick their spots and have no difficulty whatsoever. Enforcement of this is that the Sheriff's Department or the Park Ranger can break it up, but it is not a prohibition on this. Mr. Wheeler: There are those individuals who sit in a certain area, they come in and sit in the middle of a game area and then complain the players are invading their space. The Sheriff's Department would go crazy if they see this as an Ordinance. Ms. MacRie: A suggestion would be to strike a language that to interfere with pedestrian traffic or endanger public safety but not interfere with the movement of pedestrian traffic. Mr. Weigel: The idea is people like to walk along the beach and not get hit with flying objects. Everyone is allowed on the beach, it is these flying objects that create a problem. Mr. Mueller: On Marco Island the hotels on beach police those activities, and at Tigertail it is monitored closely. To my knowledge there has not been any complaint about frisbees. Mr. McQuillin: There must have been complaints or it would not be in here. We do not want to rewrite the Ordinance but we do want to make recommendations. If it endangers the health and welfare of other people, it is an area of justifiable concern. We want to consider this fairly for everyone. Mr. Gulley: Hotels sometimes hold beach olympics, will this infringe on the ability to do so? ANSWER: Mr. O'Donnell: I would not see any problem. Mr. Stevens: Normally something like that would be in a designated area, and would try to stay out of traffic. Ms. MacRie: Everyone's intention is the same, for people not to get hurt. I would say we have to be careful not to get an ordinance that does more than that. If a person call with a complaint, the sheriff refers to the Ordinance, do not let the opportunity arise for confusion for what you intention really is. Mr. Robza: I -5- proximity of the condo. Mr. McQuillin: So it is the noise? Mr. Weigel: It is the noise and potential danger to bathers on the beach. Under the current County noise ordinance no loud noises are allowed and under the draft ordinance it is being addressed here. The reason for the call was initially because of the danger and then it also became a noise factor. Mr. McQuillin: Mr. Patton, do you have an alternative proposal or do you see a way of fitting things into the ordinance or changing your operation that would meet your needs? Mr. Patton: I come down to the beach in my boat, in my car, and also parachute. Is that covered in there? ANSWER: Mr. McQuillin: I would suggest that you might want to think about it and on February 28 you might want to attend that meeting to talk to the BCC and have a proposal. QUESTION: Mr. Hagerman: I run a parasailing operation out of Marriott and take pictures. If a person wants to take pictures of their friends sitting on the beach 300' out is OK but 500' I cannot do it. I am a professional and I do not see why I should be penalized. QUESTION: Mr. McQuillin: You say the boat will stay 500' out but the parasol will come in? Mr. Hagerman: If the parasail has to stay out 500' that puts me out of the picture. Mr. McQuillin: The definition of aircraft does not include parasail, was that the way it was intended? Parachute is defined as an emergency devise, a parasail is not an emergency device. QUESTION: Mr. Stevens: Section 6 - Vessel regulation - no person shall operate closer than 300 feet in excess of idle speed. In your case you would have to be going fast. ANSWER: Mr. Hagerman: Not necessarily. It depends on the wind. I could be at a full idle and ride along the shore. I do not feel I should be restricted to 500 feet out when jet skiers can come closer to shore and are more of a danger. QUESTION: Mr. McQuillin: Was there some reason for five hundred? ANSWER: Mr. Weigel: There was, but I fail to see the problem that gentlemen is attempting to address. A Parasail is being pulled by a boat, it is not an aircraft, it is not an emergency device, it is referred to as a vessel . Should be no problem. McQuillin: We are just trying to get input. QUESTION: Parasailing area, will signs be put up along the way? Section 4 - beach areas - does that mean boats cannot go into the bathing area? Mr. Mueller: I do not see that. Mr. McQuillin: It is on page 2 , we will come to that in the ordinance on page 8. Mr. Wheeler: Clarification of use of air craft, a parachute is not an aircraft. K - Soliciting and Canvassing - any questions or concerns. Mr. Gulley: Number 3 we have concerns. We take people to go to Rookery Bay shelling and cruising and leave from the beach area. Does it prohibit this? ANSWER: Mr. McQuillin: Good point. It seems that would be prohibited but I doubt if that is the intent. Mr. Weigel: Again look at the definition. On your own premises or concessionaire stand almost anything goes. It is just down on the mean high water line area. Mr. Wheeler: Section 2 . Again it might be hotel properties that only might have an employee that is taking cocktail orders. Can they go more than 10 feet from that place? ANSWER: Mr. Weigel: Yes. Marriott on Marco was going to supply drinks before this ordinance and it was the understanding of the County and hotels that this was not in -7- conflict. The answer to your question is you can sell drinks on the beach. Mr. Wheeler: We do not do this, but other properties might. Mr. Weigel: That is not contemplated but it is a possibility. People that are clients of hotel may be serviced but not all people in the beach area. A person can carry a drink down to the beach. Mr. Clark: My waitress cannot go down on the beach below the mean high water mark? Ms. MacRie: What if mean high water line is more than 10'? Mr. Weigel: On your own premises or licensed premises is property line. Mr. O'Donnell: In case of this you go right up to the mean high water line. Mr. Clark: Would any of this really apply to us then because it is on our property. Mr. Robza: To the extent that we discussed "K" Section 3 - going to have to time share does not have the appearance of conflict, but they cannot participate. Mr. McQuillin: The intent is to prohibit time share. Mr. Weigel: Time share was one of the elements brought to our attention. Mr. McQuillin: It would seem that it would be illegal for a person to wear a Tee shirt that says "buy beer at Joe's" . Mr. Weigel: That is not the intent. Mr. McQuillin: Could have a real estate sales person, insurance, or stock broker and engage in conversation and solicit business which would seem to be illegal under this ordinance. Mr. Weigel: We wanted to be very careful not to infringe on free speech. This is directed to commercial activities throughout and it essentially almost requires an act. If a person is walking along the beach, they are not going to have a paper thrown into their hands, we need an exchange of act, placing something in your hands. We are talking about commercial activities. It does not include religious area. Mr. Mueller: It would protect people from having the time share people following them into the parking lot and restrooms. Mr. McQuillin: Would this ordinance include bathrooms? Mr. O'Donnell: Marco Island parks have rules, hotels have rules, so that would take care of that. Hotels can set up their own rules. QUESTION: What about jet skiers who just pull up and do business right off the beach. ANSWER: Mr. O'Donnell: It is covered. Mr. Clark: Our boats we rent, we can cross over the public beach area? ANSWER: Mr. McQuillin: It is addressed on page 8. L. Sound Amplification - QUESTION: Mr. Wheeler: I have a question about the noise level. I would like to know what research was done and how that level was established. ANSWER: Mr. Weigel: This is the exact language from Volusia County area - current 60 decibels level off the beach. The draft notice ordinance uses 55 decibels which will be at night. The 60 decibel or 55 is the current one. We are going to find sound amplification and other elements - talking about enforcement in general - clearly there is a full plate for the Sheriff's Department and other enforcement agencies. The County defines this in many other areas also, the County may not have the Sheriff's Department patrol the beach in numbers people would like to be but implementation is something that will come over in a period of time. The same thing for parties and sounds, so sound amplification and other elements are going to put the public on legal notice that that is the law - it may not be going to be enforced right away. It is my understanding that right now there -8- is only one sound meter at the present time. The public will become aware of this law, through public hearing, public media, etc. The large majority of people observe these decencies and will continue to do so when an and if the ordinance is adopted. Some of the fine elements will not be enforced right away. In regard to the sound amplification standards have to be set, it is arbitrary, but it is up to the Board to make any suggestions for changes. Mr. Wheeler: I would like to question the 60 decibels. Volusia County may not have the tourists we have. ANSWER: Volusia County includes Daytona Beach and they have tourists. Mr. McQuillin: It is not something that will evolve gradually - what really happens is that it takes one person to make ten calls to the BCC. Next thing you know is that the one sound device will be out measuring someone, so it doesn't sort of expand as we receive the funds. QUESTION: Where does this 25 foot distance start? ANSWER: Mr. Weigel: The public beach area. If you are up on private property you would be subject to the ordinances in effect right now. QUESTION: Mr. Wheeler: What if the sound is coming from the building itself? ANSWER: If the source of sound is seaward it would be under this ordinance. Mr. O'Donnell: If on private property the existing noise ordinance takes effect. M - Breach of the Peace; Disorderly Conduct N - Removal of Beach Sand O - Litter Section 6, Vessel Regulation "A" - Mr. Wheeler: Operation of sail craft within 300 feet. We have a summer program at our beach where the YMCA gives an instruction course Memorial Day to Labor Day for nine year olds on sail boats. If we ask them to take these youngsters out over 300 feet they would be in trouble. A parasail would be the same as sail boat lessons. Mr. Kobza: Section K - a water skier does his jumps he starts on a 75 foot rope and of course you do not want these people starting in a swimming area certainly but is a certain danger taking a water skier out 300 feet, especially when instructing. There are a lot of people in the water and boats - potential of great danger. ANSWER: Mr. Weigel: Good point. I do not see that as a legal option the way this is drafted. In fact again the ordinance embraces the whole county but it reaches compromises. Off Sand Dollar Island, you brought it to my attention, you can wade out hundreds of feet and still be in shallow water. That is why skiers should still be 500 feet out. It still doesn't take care of that problem at Sand Dollar. Mr. Mueller: That is the reason that I brought up Sand Dollar under "Applicability" . There seems to be about 400 feet between Tigertail Beach so you have 300 feet seaward and 300 feet landward. Mr. Weigel: If it is any consolation that area is going to a bathing area only, so you will be having protection there. Mr. Mueller: Boats are zooming through there like crazy and someone is going to be sliced up there pretty soon. QUESTION: What about parasailing, how about people walking over there onto the sand bar? Mr. Weigel: Will be an adequate vessel area around that area. Mr. Hagerman: I pass through there every day, I do not mind it being an idle zone, -9- but I do need to go through there if the north side is rough. ANSWER: Mr. Weigel: We are looking for safety and some flexibility. In regard to the question of beginners and learners for sailcraft off the beach, page 8, section 6, the intent was to address it there. Section 6, page 8, states "No person shall operate a sailcraft closer than 300 feet perpendicular from the water's edge where bathers are present" so by that exclusion, if there are no bathers, you can go in and out. Page 7, section 6, Al, it includes sailcraft as well as vessels in excess of idle speed. The idea is I have seen boats come in very fast in populated bathing areas and we are trying to prevent that. Mr. Mueller: Ron, again this is not in criticism of your operation, but the superintendent of Tigertail Beach tells me that you go through there considerably in excess of that speed. Mr. Hagerman: We do, but being that were are no markers out there and if no swimmers in the water, then being a professional I am looking where I am going. I would put the line at 50 feet. All my drivers have been instructed that they have to idle through there if anyone in water. Mr. Mueller: You may be a professional, but there are many people who are not. I am afraid someone is going to be hurt between Sand Dollar and Tigertail. Mr. Hagerman: I see it also. Mr. Mueller: Mr. Weigel, on this bather area, do you refer to it as a bather area or a roped area at all? Mr. Weigel: It is being contemplated. Mr. O'Donnell: Basically the bathing area is between the beach and Sand Dollar Island is designated as a swimmer area only because of the safety factor. The swimmers like going out to Sand Dollar. They are setting up a corridor area where vessels can go in and out. Mr. Hagerman: If the winds are out of Northwest I cannot go around, but it is calmer in there. I need to go inside Tigertail in bad weather. I think idle speeds should be observed, but I do not think boats should be eliminated all together. It is necessary for me to go through there. Enforcement is going to be the biggest problem, it is not marked and you do not know you are supposed to idle around there. Mr. Robza: I am a little concerned that we are getting kids out there more than 300 feet on jet skis and we will have a rescue problem. Water skiers - "no persons shall water ski closer than 500 from the edge of the beach directly on the Gulf" . Let's go to Keewaydin and interior beaches, this does not apply? ANSWER: Mr. Weigel: We thought about that area and it is not included. QUESTION: Mr. Gulley: We have a number of concerns concerning wave runners which is similar to a jet ski. We at the hotel insist that they idle and tow our renter in. I am death against wave runners and jet skis within 300 feet area of the beach. It is a danger. Mr. O'Donnell: I have heard the same from other concessionaires. Mr. McQuillin: A private owner is not going to have someone to tow him in. He probably would not have a second jet ski or a boat to tow him in. He could idle himself in. You are saying idle in and idle out. Mr. Robza: I am trying to visualize the mechanics of it. Someone is going to get hurt but with the number of kids lets get the kids wearing life vests or whatever. Mr. Hagerman: I pay someone to stay with them and supervise them, keep them away from other people and from other kids. I believe they should be further than 300 feet off the beach. There are swimmers just inside that line and maybe -10- have to idle more than 300 feet. Mr. Stevens: You just made a suggestion about the safety of the kids. I recommend that they wear a life vest. Mr. Hagerman: They have to wear one. Mr. Stevens: They are required to wear a life jacket for safety factors. Mr. Weigel: There are variations of jet skis. Part of the regulation in keeping them 300 feet outside is to be in conformance with all vessels, but also a jet ski with a two cycle engine you get a lot of odor and smell that are a bother to people on the beach. Also a lot of language noted in this ordinance, it prefaces operational legal division is that the beach is a recreational zone and we want to keep it nice environmentally for Mr. McQuillin: Before we lose anyone else I want to thank you for coming and putting input in this. Part B - Vessel speed not to exceed reasonable speed under existing conditions. Part C - Exemptions QUESTION: Mr. Wheeler: I would like to go back to vessel corridors. I see that Vanderbilt Beach is to be an area. We donate $230, 000 to YMCA and it is vitally important to have a vessel corridor real close. ANSWER: Mr. Crawford: Vanderbilt is the Vanderbilt public beach. Corridors refer to public beach areas owned and operated by the County. Mr. Weigel: Vanderbilt Beach generally is not being discussed here. It mentions Tigertail, Vanderbilt, Clam Pass County Parks and such other parks and areas designated and posted by the Parks and Recreation Department. A vessel corridor is one that will be specifically designated by the Parks and Recreation Department at its park facilities. But nothing is being stated about Vanderbilt Beach or Marco Beach generally. Mr. Wheeler: So that vessel corridor would be established at County park areas only. A windsurfer can go through areas and go 300 feet from the beach? Mr. Weigel: Under 6 Operate them where bathers are present except to go through. You cannot do it above idle speed. Mr. Wheeler: I am concerned about sail craft. Mr. Hagerman: Marco Beach concessionaire, through the southeast of property are bathers in the water, cannot go out three hundred feet and cannot idle. Mr. Weigel: There will be some elements that we cannot address very clearly without creating liable and enforcement people will understand that if a person is not in direct danger by a jet ski it will be OK. If a person provides supervision and it is being done by a professional it is different. Mr. McQuillin: Is it possible to put up signs that bathers are doing so at own risk? Mr. Weigel: Too many other things need to be done first. Mr. O'Donnell: It is not intended to limit instruction within 300 feet, just to keep boaters, etc. out 300 feet, trying to keep the boaters and swimmers away from each other. If you designate an area keep the swimmers out of the area when giving lessons. Ms. MacKie: If the intent is to allow this to happen add a few works "except for" so that it is allowed. QUESTION: Mr. Kobza: What is the possibility of having a vessel corridor outside a park facility? ANSWER: Mr. Weigel: Possibility is there. Mr. Kobza: So if the Parks Department thought that was appropriate -11- for the Y program they could work towards establishing a corridor. Part C - Exemptions. Mr. Hagerman: Pulling water skiers behind a boat - a lot of my business depends upon how close to the beach the activity is. It affects my business and 500 feet seems to me to be unreasonable seeing that any other boat can operate at 300 feet. By just being right in front of the Marriott advertises my business. I, being a professional, need to be to that 300 feet line to promote my business. We are staying away from the swimmers but need to get into that 300 feet line. If I were 500 feet out people don't see it as well and don't get excited about it and I would lose business. Mr. Gulley: What was the determination made between 300 to 500 feet and jet skiers and water skiers. What was the reason? ANSWER: Mr. Weigel: Three hundred feet for jet skis treats them as other vessels. As per the ordinance we have a regulation on flotation devices beyond 500 feet and beyond that would make it a clear area for boats, etc. to go. Mr. Gulley: Beyond 300 feet you would not usually see a swimmer out there. We mark it at 300 feet, I would not want to mark it beyond 300 feet. That should allow enough control. Mr. Weigel: Three hundred for a water skier also. Mr. Kobza: You are required to have a spotter for a water skier. Mr. Gulley: Jet skiers are on their own. Mr. O'Donnell: Put it at 300. Mr. Weigel: page 9, 3 , states that commercial vessels be operated at idle speed - these are figures and are subject to change. Mr. Hagerman: Does not that apply to me? Mr. Weigel: No, you are a concessionaire. Mr. Mueller: Paragraph 3 - Do I understand that fishing vessels are exempt except Section 6 B of this entire ordinance. ANSWER: Mr. Weigel: Should be of this section instead of the ordinance. Section 7 , "A" - Beach Vendor Permit Requirement - QUESTION: Mr. Kobza: The Ritz Carlton leases their sale boats, do they have to provide a chase boat. Mr. Wheeler has sail boats, does he have to have a chase boat for those? ANSWER: Mr. Weigel: Yes. Mr. Kobza: Is that practical? Mr. Gulley: It is almost a necessity safety wise. QUESTION: Mr. Wheeler: There are a few questions I have on the whole section. Mobile radios - we have boat concessionaires on both ends of the beach and I am in the middle, makes 3 concessionaires. Both are radio equipped and I have an additional chase boat. Is there a need for that radio equipped chase boat? ANSWER: Mr. Weigel: It is a County standard required of its own concessionaires. It is already being imposed on County concessionaires. Mr. Hagerman: I have never had a problem getting to my people, or had an occasion of anyone getting lost. I have a method of getting to my people. Should I be covered by that? Do the chase boats have to be on location, does that boat have to be sitting on the beach? Mr. Weigel: It has to be there. Mr. O'Donnell: Concessionaires have to have chase boats at the park itself and have a radio on board. Mr. Hagerman: I can get on another sailboat, so I do not feel I should be required to have a boat if I can get there just as quick. Mr. McQuillin: It is not only talking about sailboats -12- and jet skis, but any vessel is included. I would think a marina also but it doesn't say anything about it being on the beach. On the beach or adjoining waters. Mr. Weigel: That is defined as the bathing area. If rough conditions come up you do not want to send out a sail boat for a rescue. It will meet the minimum standards for safety which is already imposed on County concessionaires. Mr. Gulley: You say you would not put out a sailboat in rough waters but that is not always true. Mr. McQuillin: Once again we are only trying to get input - there will always be differences of opinions. Mr. Hagerman: Jet skis needing a chase boat - when jet skis are out there being supervised I do not see a further need for a large chase boat to supervise them. Mr. McQuillin: We have to take a larger view of this. We are restricting a lot of small operators from getting into your territory, but on the other hand you will be required to perhaps put a little more into it. If we are trying to keep people from cutting into your territory we will make sure that you are doing the proper thing also. If we are going to license our people we want to make sure it is a very safe operation. Mr. Wheeler: Beach Vendor - must have a permit for operation of that - Mr. McQuillin: We have made a note of that. Section 8 - Penalty Mr. Hagerman: Section 7 Part B, ages 12 - 16. The supervisor should be a professional and not a Dad or Mom. It is not always safe, they want to come together and talk. (Noted that a later draft had been made - latest copy was distributed. ) Mr. Hagerman: There are probably 30 types of machines that are being rented, kids are just riding everywhere not supervised, and a 12 year old is dangerous out there. I do not mind losing money, I do not want 12 year old kids on it - it should be raised to 16 if it is a rented item. Mr. Kobza: Are there any other changes in the revised draft? Mr. Mueller: One sentence beginning with 16 years of age and 3 or 4 lines added. Section 8 - Penalty Mr. Kobza: Explain how violations such as campfires on the beach, frisbee, etc. - will there be some type of ticket system? Mr. Weigel: Uniformed citation system. Mr. Kobza: What does the enforcement officer do? Mr. Weigel: The officer will write the ticket. Collier County does not have the luxury of different tickets citing different infraction areas of this ordinance. You will get a citation under this ordinance and it will bring a court date. That is all we can have by law. Violation of this ordinance under the state law is a misdemeanor and the penalties are stated here. Mr. Kobza: If someone gets a ticket for a court date and has been cited for throwing a frisbee, driving a vessel intoxicated, etc. what is that fine? Mr. Weigel: $500 or 60 days as maximum. There are additional state statues for driving intoxicated etc. , technically could be charged with a -13- couple of laws, but under this ordinance only fined for one. It is the same as any other County ordinance, $500 or 60 days in Jail. It is hard to get to court, this ordinance states a code enforcement board might be utilized. We have such a board coming on line and if this is a civil board then you would not have a criminal record. Mr. Kobza: That is what I am getting it - making people criminals for throwing a frisbee on the beach. Mr. Weigel: It is a misdemeanor not a felony, so it may be comparable to jay walking. Mr. Kobza: I would like to see some differentiation, use of more warning citations especially for less serious prohibited activities. A warning should be issued as the first step. Mr. Weigel: It is always within the officer's discretion. When you have bathers on the beach you might have a situation when you want to issue a ticket. Sometimes it takes a few shots to get it across to other people that there is some enforcement going on. Mr. Gulley: I have had to have the Sheriff's Department down and I have had yet to see the Sheriff come in there and write a ticket. 99% of the time the officer gives a warning, and then if they have to come back again they would issue a ticket. Section 9, 10, 11, 12 Mr. Hagerman: Section 7, B - a renter or user shall wear a life vest. Does that include my 6 passengers in a boat fully equipped that I have to transport from the shore to the parasail ramp. The boat is Coast Guard equipped. I do not feel the need to wear the vests in that situation. Mr. O'Donnell: Passengers are required to wear them, including the captain. Mr. McQuillin: There is a lot of difference between commercial operations and people who want to come in and take business away from you. Mr. Hagerman: The jackets are there and available, we are only going out 100 feet. Mr. McQuillin: One hand you are arguing in the favor of safety that you can provide that someone who is a wildcatter may not be able to provide. Then on the other hand you want to cut a fine line in the other direction. Mr. Hagerman: We are talking about the requirements for being a vendor. Mr. Mueller: The laws cannot be construed to favor the professionals and not be applicable to other people. Mr. Hagerman: If any one else gets a beach vending permit I am saying that I do not think they should have to put six life jackets on to transport them out. If they are in an approved Coast Guard boat, and you give them a license to be a vendor you should follow what you say, but I am already a vendor. If you give a license to someone else they will say I will do it, but I have not had to do it and why start now? Mr. McQuillin: We have to look at the larger picture, we are eliminating competition and in exchange we are expecting 100% safety. I do not think you will a lot of sympathy for not wanting to put life jackets on even though it is a short trip. Mr. Hagerman: Safety - I think it is an overkill to wear jackets when they are already on the boat. Mr. Gulley: If you are renting to someone they should wear the life jacket as well as the captain. Boats that Ron is talking about are $33 , 000 boats, totally equipped and are only going from the beach to the platform. Mr. McQuillin: I just think that you are not going to find a lot of -14- sympathy. I want to thank all of you for coming and we need to make some sort of recommendation. Any more input? Mr. Kobza: I think those of us on the Board have to mechanically procedural convey our support for the ordinance to the Board, but also convey comments that have been made here. I am not completely comfortable with the current form but we also have to have something like this so how do we go about doing that? Mr. Hagerman: Beach Vendors - there is a County beach on Marco Island, commercial properties like hotels, all have a commercial place to operate from. Basically I think we are trying to keep away these Gypsies and other vendors if they do not have a place to operate from on the beach anywhere. Mr. O'Donnell: That is right. You will have to get a beach vendor permit and this will prevent wildcatters from coming in. Mr. Hagerman: Maybe this should be worded so that they have to operate from a commercial property. Mr. McQuillin: I would like to get away from this issue. I think you have to look at the larger picture. There are a lot of people who would just as soon have gypsies compete with you because a lot of people feel strongly about the free enterprise system and do not see anything wrong with an 18 year old hauling in five sail boards and renting them out. I think you are not looking at the larger picture and there is a little trade off involved as people who are going to go along with the ordinance as written are allowing you to have your concession there and at the same time they are requiring you to be extra safe. Mr. Gulley: In order to get a permit you have to have a fixed location? ANSWER: Mr. O'Donnell: You would have to have an operations office located on land, a land based location with direct access to the beach. In your case the Marriott has access to it. The wildcatters will have to get permission from you or someone else down the line, people who are doing it in front of the condos will have to get permission from the particular condo in order to use it for a land based operation. We had no idea how safe these wildcatters equipment was, the type of insurance carried or how they were trained. We had no idea what these people were doing. Mr. McQuillin: What we are going to do is to go back down parts of the proposed ordinance and make recommendations. RECOMMENDATIONS SECTION I - INTENT AND PURPOSE - APPROVED 4-0 SECTION II - TITLE AND CITATION - APPROVED 4-0 SECTION III - APPLICABILITY Suggestion by Gil Mueller to insert Sand Dollar Island under Applicability. Approved 4-0 SECTION IV - DEFINITIONS - APPROVED 4-0 SECTION V - REGULATION OF USE AND CONDUCT ON THE BEACH Luaus, frisbees, balls, outdoor fires - warnings before violation. APPROVED 4-0 -15- Exclude Sub-section "K" 1, 2, 3 , from the above vote. Kim Kobza abstained from voting. APPROVED 3-0 Mr. Mueller: lighted advertising boat be included in Section 5 "K" - prohibit use of boat. Mr. Weigel: Sub-Section 3 , page 7 - Solicitation - beach definition - Collier County is unincorporated area which does have jurisdiction three miles out. It is conceivable this lighted boat does fall within this sub-section the way it is drafted. Mr. Stevens: Recognize lighted boat should be considered under these rules. SECTION VI - VESSEL REGULATION Pay attention to sailboat, board lessons, water ski instructions, jump starts. PART A - APPROVED 4-0 PART B - APPROVED 4-0 PART C - paragraph C - where states " commercial vessels" change to "commercial fishing vessels" . APPROVED 4-0 SECTION VII - REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS Note: Valid beach vendor needs an occupational license and vice versa - needs clearing. APPROVED 4-0 SECTION VIII PENALTY Approve Section Eight in current form except that we also recommend consideration of possibility of exploring different penalties for different type of offenses. APPROVED 4-0 Section IX, X, XI - Approved 4-0 Mr. Kobza: MOTION together with the recommendations submit minutes of meeting to the Board of County Commissioners so the Board will have the benefit of all the discussion of the staff here today and to give the Board sufficient time to review minutes if they so choose. Mr. Crawford: I would like to comment. I am not sure that is allowing sufficient time for staff to meet the time schedule. They would have to be delivered by Wednesday noon to the County Manager's desk for his review. We will make every effort to accomplish it, but it is not allowing much time. Mr. Kobza: If the BCC meeting is on the 28th and today is the 21st you are saying you do think they would be ready for the meeting? -16- Mr. Crawford: The Department secretary has other duties and responsibilities as well as this. . Mr. Kobza: Make the motion if possible. Mr. Mueller: It is not possible - today is Tuesday and it has to be on the County Manager's desk tomorrow noon. Mr. O'Donnell: I suggest someone from PARAB plan on attending the meeting, fill out the slip to speak, and Commissioners would decide whether or not to make the changes. Mr. Crawford: Generally a representative may be there to highlight some of the recommendations by the PARAB, or whatever Board it may be, if there is differences between what is recommended to the BCC and what that particular board is recommending. Mr. Kobza: I have no quarrel with what you saying there. Sometimes the Commission has an interest in a particular topic and is not given enough time to study the recommendations. It would be difficult in 10 minutes to summarize what we have addressed here. Mr. Crawford: It is not uncommon to have a Board . . . . Mr. Kobza: I am just saying if it can be done. Mr. Mueller: I intend to attend the meeting - not to speak but if the opportunity arises to clarify. Mr. Kobza: I withdraw the motion. Mr. O'Donnell: Yes, the BCC receives copies of your minutes, a copy goes to my office, the County Manager, and it is also on record with the Clerk of Courts recording office. Meeting adjourned at 11: 25. 929 -17- Cor _ 6�i�,txf X40 �,cE- i�,✓ 1 e' / * �9cse �. .�Ty O�o%ic.,�r,✓ De/b\l s /14/9 o%i3 25--z,94/4 4kar Ron )444ei/'10/1 I`7aica - 5/anal St, f- k,9ahtSect�5 61211iS Ode,4-24e iihoreirg)- 4,4, CC/Mill 'S) .4 C.-\,OL C"CLI 01/44,T Ads rArre,ti SSE"' . (ettrial\Aq9 Loctutedy fliwtop st"' fOckided 44414/ itizw s • t . 9 - 1 - -. _.--.. ORDINANCE NO. 81-11 AN ORDINANCE PERTAINING TO THE PUBLIC BEACHES ' AND BEACH ACCESS AREAS OF THE COUNTY; PROHIBITING THE TAKING OF GLASS CONTAINERS ON TICE BEACHES AND BEACH ACCESS AREAS; AND PROVIDING AEI EFFECTIVE DATE. • • . BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, THAT: SECTION ONE: . _ _ F; J ■ It is the intent and purpose of this ordinance to prevent glass from • r: accemulating on the beaches and beach access areas of the Count Y• c:� ti. SECTION TWO: .. • No person shall take upon the beaches or beach access areas of thg _ CI County any glass -container. ^ "' i r� SECTION THREE: This Ordinance shall take effect upon receipt of notice.. i • `I., from the Secretary of State that this Ordinance has been filed with then i ' I n • —n Secretary of State. —4 ..--.a, ) ;-I _4 ;.� PI PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 3rd day of March 1981. • I ;ATTEST: _. BOARD OF COUNTY CONNISSIONERS tifILI1" J. REAGAN, k COLLIER COON Y, FLORIDA Off' N .. . ' - t'--_.....311, ,t,•— t/k. C?• )1: .0:44 / Chairman .•STATE OF . RID' / . • i COUNTY OF•.COLLIER ) •'4G ,,,;...,•I; WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certil ( KMcG/cm/85-F that the foregoing is a true original of: ORDINANCE NO. 81-11 which was adopted by the Board of County Commissioners during Regular Session March 3, 1981. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida,Itthis 5th day of March, 1981. WILLIAM J. REAGAN -�i '::.jv Clerk of Courts and"CYerkLt?. This ordinance filed with the Ex officio to Botid •df Secretary of State's office the S !., County Commissioners ,, .�ac-10th day en March, 1981 and re- y � J . knowledgment of that filing re- 11 l -e�t�f .-• ceived this 12th day of March,1981. VirginZ:? Magri, "Deputy/ der •• Virginia Magri, Deputy C. .. 4e '±41, ..1s• t: ,r ORDINANCE NO. 85- 6 AN EMERGENCY ORDINANCE RELATING TO VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR INTENT AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING FOR THE PROHIBITION OF THE OPERATION OF VESSELS IN EXCESS OF IDLE SPEED WITHIN A DESIGNATED DISTANCE OFFSHORE FROM ALL BEACHES AND SHOREFRONT BATHING AREAS; PROVIDING THAT VESSEL SPEED SHALL NOT EXCEED REASONABLE SPEED UNDER EXISTING CONDITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR DECLARATION OF EMERGENCY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the operation of boats and other watercraft in excess of idle speed poses a threat to the health, safety and welfare of swimmers and others who are located offshore from beaches and shorefront bathing areas; and WHEREAS, it is necessary that the speed and operation of boats and watercraft located offshore from beaches and shorefront bathing areas be controlled in order to protect the health, safety and welfare of the citizens of Collier County and visitors to Collier County; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA THAT: SECTION ONE: INTENT AND PURPOSE It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the citizens of Collier County by the designation of specific areas within which the operation of vessels may be regulated or prohibited. It is further intended that this Ordinance be liberally construed to effect such intent and purpose. SECTION TWO: DEFINITIONS For the purposes of this Ordinance, the following words shall be defined as set forth below: a. "Vessel" means a motor propelled or artificially propelled vehicle and every other description of boat, watercraft, barge, and airboat other than a seaplane on the water, used or capable of being used a means of transportation on or in the water, including jet skis. b. "Person" means any individual, partnership, firm, corporation, association, or other entity. c. "Operate" or "Operation" means to navigate or , otherwise use any vessel in or on the water. r `�4%; fi l' y ', ii . 1 t j 4::) d. "Idle speed" means the lowest speed at which a vessel can operate and maintain steering control. e. "Bather" means any person who is in the same water as a vessel, whether said person is swimming, wading or engaged in any other activity in the water. 1 f. "Bathing area" means any area in which bathers are located or may be located, whether or not designated by signs or other form of notification. SECTION THREE: OPERATION OF VESSEL IN EXCESS OF IDLE SPEED PROHIBITED The operation of any vessel, in excess of idle speed, in or on all waters of the Gulf of Mexico within three hundred feet (300 feet) offshore from all sandy beaches and shorefront bathing areas adjacent to inhabited areas or populated areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether or not such area is designated by appropriate sign or notification. SECTION FOUR: VESSEL SPEED NOT TO EXCEED REASONABLE SPEED UNDER EXISTING CONDITIONS Nothing contained in this Ordinance shall be construed ,. to authorize or approve the speed of any vessel in excess of that which is reasonable and proper under the existing conditions or circumstances including, but not limited to, the presence of water skiers, bathers, fishermen, natural hazards or other water traffic. SECTION FIVE: ENFORCEMENT The provisions of this Ordinance shall be enforced by members of any duly authorized law enforcement agency having jurisdiction in Collier County, Florida. SECTION SIX: EXEMPTIONS The following shall be exempted from the provisions of this Ordinance: a. The provisions of this Ordinance shall not be construed to prohibit the operation, racing or exhibition of boats or other vessels during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial or exhibition. b. The operators of Law Enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted from the provisions of this Ordinance while cgnducting official duties or ,-.,,. operating under emergency conditions. t ;'t a a AP . :—, d , e 1, C c. Commercial vessels are exempted from the provisions of this ordinance while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and in accordance with Section Four, VESSEL SPEED NOT TO I EXCEED REASONABLE SPEED UNDER EXISTING CONDITIONS. i Under no circumstances, however, shall commercial 1 vessels be operated at greater than idle speed within three hundred feet (300 feet) of bathers. SECTION SEVEN: PENALTY IAny vessel owner, vessel operator, person in command of any vessel, or any other person who violates the provisions of this Ordinance or fails to comply with the requirements of this ' Ordinance shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in `' the prosecution of such violation. In addition, and as an alternative means of enforcement, Collier County may enforce the provisions or requirements of this Ordinance by means of any available civil remedy in a court of competent jurisdiction. SECTION EIGHT: CONFLICT AND SEVERABILITY s ORN In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION NINE: DECLARATION OF EMERGENCY This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/5ths) vote of the membership of the Board does hereby waive notice of intent to consider this ` %,,' - Ordinance. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Board with the Department of State of the State of Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the i` , 4� ' government of the United States for special delivery by iZ 4 ,y. l q 1 . . . IN 1. 4::) registered mail, postage prepaid, to the Florida Department of State. SECTION TEN: EFFECTIVE DATE This ordinance shall become effective as provided by law. PASSED AND DULY ADOPTED by the Board of County Commissioners 1 of Collier County, Florida, this 15th day of January 19 85_. DATED: January 15, 1985 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ATTEST: \\WIL 4,I7., R , Clerk �' �V� " By•FREDER r/(/* J. VOSS, Chairman -,: Approved 4 I. m and legal suffiQien • . ` IennethB. Cuyler Assistant County A torney STATE OF FLORIDA ) r COUNTY OF COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial ' Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 85-6 which was adopted by the Board of County Commissioners via emergency procedure during Regular Session the 15th day of January, 1985. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 15th day of January, 1985. WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-officio to Board of ;Vi91iilt County Commissioners . ` . Iv / !" ... Virg/a Magri, Deputy�ferk a. : 7 '?/:t1 .... x qty ry�+r,„,.. ....„.. ...,,,%,..,....,- r .r t A' Rl�� Ss 4 s .