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Agenda 10/19/1989 4:> PARKS AND RECREATION ADVISORY BOARD AGENDA OCTOBER 19, 1989 The Parks and Recreation Advisory Board meeting will be held Thursday, October 19 , 1989, 8 : 30 a.m. in the Parks and Recreation Building Conference Room, 3300 Santa Barbara Boulevard. I. Call to Order II. Approval of 09/22/89 Minutes III. Old Business A. PARAB Guidelines B. Continuation of discussion of Beach and Water Safety Ordinance 89-11. C. Up-date on Bluebill Boat Ramp Status D. Beach Parking Fees and Charges E. Barefoot Beach Preserve Lease Management With State IV. New Business A. Welcome Mrs. Cherryle Thomas V. Informational Purposes A. New Office Hours B. Halloween Programs C. Interpretive Signs at Clam Pass D. City Annexation of Poinciana Elementary School MINUTES PARKS AND RECREATION ADVISORY BOARD C OCTOBER 19, 1989 GOLDEN GATE COMMUNITY PARK ADMINISTRATION BUILDING PRESENT: Chairman Scott McQuillin Vice Chairman Charles Stevens Mrs. Cherylle Thomas Kim Kobza, Esquire Mr. Gil Mueller ALSO PRESENT: Kevin O'Donnell, Public Services Administrator Murdo Smith, Parks and Recreation Superintendent David Weigel, Assistant County Attorney Mr. Mark Barr, Beach Vendor at Marco Marriott Hotel Mrs. Majorie F. Ward, President of CABB Mrs. Rosemary Miktuk, Secretary of CABB I. Meeting called to order at 8: 30 a.m. II. Minutes of 09/22/89 approved as amended. Mr. Mueller moved, Mrs. Thomas seconded. Motion passed unanimously. `Nk% III. Old Business \� A. PARAB guidelines to be discussed at November meeting. B. Beach Parking Fees Two officers from CABB made known the views of their organization. Mr. Kobza moved, seconded by Mr. Stevens to recommend we maintain status quo and request that staff consider and develop ideas for the permit system. C. Continuation of Discussion of Beach and Water Safety Ordinance 89-11 Mr. Kobza distributed copies to PARAB of Chapter 327 of Florida Statutes, Section 327 . 40 and 46 which specifically apply. Staff will work on a corridor Tigertail immediately. Mr. O'Donnell wants vessel corridors set up by staff and brought back to PARAB before submission to DNR. Mr. Kobza moved, seconded by Mr. Mueller to recommend to the Board of Commissioners that the Ordinance be amended to include Mr. Weigel's language. Mr. Stevens moved, seconded by Mrs. Thomas, to also include a language change in Ordinance, Section 7, 2, A (2) to "the applicant must maintain a telephone and a marine radio at land 411) based operations office. " a Minutes of October 19, 1989 Page 2 0 D. Continuation of Discussion of Bluebill Boat Ramp Legal owner still not defined. Mr. Jacob, President of VBPA, to try and get letter from Mr. Sower for the Board of County Commissioner's agenda of October 31. E. Barefoot Beach Preserve Management Mr. David Wiegel, Assistant County Attorney, has on Board's agenda to approve resolution. After approval, State will formally grant permission for the County to manage Preserve. V. Informational Purposes A. Ball fields at Poinciana and Seagate. County entering into negotiations with City of Naples. County has an agreement with School Board to program facilities, therefore, the County finds no reason to give them up. B. Mr. McQuillin read letter from Commissioner P. Anne Goodnight. Mrs. Goodnight suggested that, in the future, another member might be added to PARAB to represent Immokalee and Golden Gate Estates because of the growth of the County. C. Discretionary funds for parks explained by Mr. O'Donnell. Meeting adjourned at 12 :47 . 1655 nom"7ORANDTMI C ): Cliff Crawford, Director Parks and Recreation Department FROM: Nannette Klein, Park Ranger Supervisqr Parks and Recreation Department SUBJECT : Vessel Corriders and Swimming Areas DATE : October 3 , 1989 On 9-25-89 , Park Ranger staff contacted Pinellas , Broward, Dade and Sarasota County Parks Departments to determine if there is any safe way to get boats to and from a beach where there is bathing activities . In Pinellas County, Head Ranger Jerry Cummings indicated that this issue was addressed by County Ordinance 74-9 , Section 11 , Paragraph C. The County Government uses buoys to mark areas used by swimmers . Boats are not allowed within 200 feet of these areas . Boats may come to the beach at idle speed in unmarked areas . Rental of boats , jet skis and other vessels are carried out in areas not marked as swimming areas . Dade County uses County Ordinance Chapter 26 , Rule 11 for County Wirk beaches which bans boats and other watercraft with powered propulsion rom park waters , unless they have written approval from the Parks and Recreation Department ( used for special events) . They also refer to Ordinance 59-46 , Chapter 7 on safe boating outside of park waters . Broward County assigns the task of boating regulation on the beach to each municipality in which the beach lies . Mr . Tom Tupp tells us that boats are not allowed in swimming areas that are defined by buoys . Sarasota County uses buoy defined swimming areas . Watercraft are not permitted in these areas , but may approach and leave the beach at idle speed in unmarked areas . Mr. Bob Hall tells us that State permits are required before buoys are placed. He will be forwarding a copy of the ordinance covering the subject in addition to information on the type of buoy used at their parks . The maintenance of these buoys are handled by the County Parks and Municipalities using them. The enforcement of these systems is handled by local law enforcement agencies and the Florida Marine Patrol . We are expecting to recieve copies of applicable ordinances from the above mentioned counties . If we may be of further assistance, please let me know. 40 : Murdo Smith, Parks and Recreation Manager file • 411 BEACH PARKING METERS OPTION #1: STATUS OUO — $1.00 PER CAR A. COST OF ATTENDANTS $139, 600 B. OPERATING EXPENSES $ 2 , 000 C. REVENUE COLLECTED $122 , 400 D. DIFFERENTIAL ($19,200) 4 s 0 •• 4:) BEACH PARKING METERS OPTION #2 : $2 .00 PER CAR A. COST OF ATTENDANTS $139, 600 B. OPERATING EXPENSES $ 2, 000 C. REVENUE COLLECTED $244,800 D. DIFFERENTIAL $103,200 1 A _ ♦ 1 C BEACH PARKING METERS OPTION #3: 100% METERS - $.25 PER HOUR AVERAGE STAY OF 4 HOURS A. INSTALLATION - 463 - 240 DUPLEX $ 87,280* AND 32 SINGLE PARKING PARKING METERS B. COST OF ATTENDANTS (2 FT & 1 PT) $ 46, 150 C. OPERATING EXPENSES $ 35, 527 D. REVENUE COLLECTED $ 94, 900 E. DIFFERENTIAL - FIRST YEAR ($74, 057) A. MAINTENANCE - INCLUDES 10% ESTIMATED $ 8 ,727 REPAIR COSTS OF METERS B. COST OF ATTENDANTS (2 FT & 1 PT) $ 49,400 C. OPERATING EXPENSES $ 12, 800 D. REVENUE COLLECTED $ 94, 900 E. DIFFERENTIAL - SECOND YEAR $ 23,973 *INCLUDES 10% OVERAGE FOR STOCK 410 BEACH PARKING METERS OPTION 44 : 80% METERS - 20% PERMITS A. INSTALLATION - (272 PARKING METERS = $ 69,824* $87,280 X .80 = 218 METERS) B. COST OF ATTENDANTS (2 FT & 1 PT) $ 46, 150 C. OPERATING EXPENSES $ 33 , 782 D. REVENUE COLLECTED $ 75, 920 E. DIFFERENTIAL- FIRST YEAR ($73 , 836) A. MAINTENANCE - INCLUDES 10% ESTIMATED $ 6, 982 REPAIR COSTS OF METERS OB. COST OF ATTENDANTS (2 FT & 1 PT) $ 49, 400 C. OPERATING EXPENSES $ 12, 800 D. REVENUE COLLECTED $ 94,900 E. DIFFERENTIAL - SECOND YEAR $ 25,718 *INCLUDES 10% OVERAGE FOR STOCK C REVENUE - FISCAL 89 - 90 TIGERTAIL: A. PERSONNEL $ 62 , 400* B. REVENUE $ 75,900 C. DIFFERENTIAL $ 13 , 500 CLAM PASS A. PERSONNEL $ 46,900* B. REVENUE $ 23 , 250 C. DIFFERENTIAL ($23 , 650) VANDERBILT BEACH: A. PERSONNEL $ 30, 300* B. REVENUE $ 23 , 250 C. DIFFERENTIAL ($ 7, 050) *PERSONNEL COSTS BASED UPON F/Y 89-90 BUDGET CELY BAREFOOT - PROJECTION - FISCAL 90: 100% METERS 80% METERS A. INSTALLATION COST $ 18 , 065 $ 14, 452 B. OPER & MAINT COST $ 1, 807 $ 1, 445 C. REVENUE $ 21, 900 $ 17, 520 D. DIFFERENTIAL $ 2, 028 $ 1, 623 BAREFOOT BEACH PRESERVE - PROJECTION - FISCAL 90: 100% METERS 80% METERS A. B. INSTALLATION COST $ 12,465 $ 9,972 OPER & MAINT COST $ 1, 246 $ 997 C. REVENUE $ 14 , 600 $ 11, 680 D. DIFFERENTIAL $ 889 $ 711 y .•. .P "Mt W �l h$`�Yw^.ti. y- 11Yi `C �r 0g, . fir" M F} Y . . - .Z,.. .. . i i t BEACH PARKING METERS OPTION #1: STATUS OUO — $1.00 PER CAR A. COST OF ATTENDANTS $139,600 B. OPERATING EXPENSES $ 2,000 C. REVENUE COLLECTED $122, 400 D. DIFFERENTIAL ($19,200) 0 . I - • z:. ,.,-.;.-f.„:„ x ; 4. t ., ,.r ' 4> .,+•�- ♦.+.:: ,. �'+ ..ti'r*Le - ".t� aw-_,,1 k� ,.tG . pi r r t r 3+ rr� siV xY • Y0 ad Mr� T y+z — �t j ;¢�2� Sw3*i fs�^i► 3� s '# .4.-,,,,..,--.t: .d y< Y %. z} ..5 R1i' j?.'� r� Yl(lIf T2�1-, - 4°. .r.1;--,,, ..--... • CBEACH PARKING METERS OPTION $2 : $2 .00 PER CAR A. COST OF ATTENDANTS $139, 600 • B. OPERATING EXPENSES $ 2,000 C. REVENUE COLLECTED $244, 800 D. DIFFERENTIAL $103,200 r) ..• A• •tZrY�T'%•z.�yni S�..rwit1rF+S�.RyySL ;a '4� ��`MVr'•�4� �p7•t-,� � t I r4 t: . "�Y BEACH PARKING METERS OPTION #3 : 100% METERS - $.25 PER HOUR AVERAGE STAY OF 4 HOURS A. INSTALLATION - 463 - 240 DUPLEX $ 87, 280* AND 32 SINGLE PARKING PARKING METERS B. COST OF ATTENDANTS (2 FT & 1 PT) $ 46, 150 C. OPERATING EXPENSES $ 35, 527 D. REVENUE COLLECTED $ 94,900 E. DIFFERENTIAL - FIRST YEAR ($74, 057) A. MAINTENANCE - INCLUDES 10% ESTIMATED $ 8,727 REPAIR COSTS OF METERS B. COST OF ATTENDANTS (2 FT & 1 PT) $ 49,400 C. OPERATING EXPENSES $ 12 , 800 D. REVENUE COLLECTED $ 94,900 E. DIFFERENTIAL - SECOND YEAR $ 23 ,973 *INCLUDES 10% OVERAGE FOR STOCK i < .,r• e11 ? c i •• CBEACH PARKING METERS OPTION #4 : 80% METERS - 20% PERMITS A. INSTALLATION - (272 PARKING METERS = $ 69, 824* $87,280 X .80 = 218 METERS) B. COST OF ATTENDANTS (2 FT & 1 PT) $ 46, 150 C. OPERATING EXPENSES $ 33 , 782 D. REVENUE COLLECTED $ 75, 920 E. DIFFERENTIAL- FIRST YEAR ($73 , 836) A. MAINTENANCE - INCLUDES 10% ESTIMATED $ 6, 982 REPAIR COSTS OF METERS B. COST OF ATTENDANTS (2 FT & 1 PT) $ 49,400 C. OPERATING EXPENSES $ 12 , 800 D. REVENUE COLLECTED $ 94,900 E. DIFFERENTIAL - SECOND YEAR $ 25, 718 *INCLUDES 10% OVERAGE FOR STOCK • -;1AliA074,21 I4:) REVENUE — FISCAL 89 — 90 TIGERTAIL: A. PERSONNEL $ 62 , 400* B. REVENUE $ 75,900 C. DIFFERENTIAL $ 13 , 500 CLAM PASS A. PERSONNEL $ 46,900* B. REVENUE $ 23 , 250 C. DIFFERENTIAL ($23 , 650) VANDERBILT BEACH: A. PERSONNEL $ 30, 300* B. REVENUE $ 23 , 250 C. DIFFERENTIAL ($ 7, 050) *PERSONNEL COSTS BASED UPON F/Y 89-90 BUDGET LELY BAREFOOT — PROJECTION — FISCAL 90: 100% METERS 80% METERS C , A. INSTALLATION COST $ 18, 065 $ 14, 452 B. OPER & MAINT COST $ 1, 807 $ 1, 445 C. REVENUE $ 21, 900 $ 17, 520 D. DIFFERENTIAL $ 2, 028 $ 1, 623 BAREFOOT BEACH PRESERVE — PROJECTION — FISCAL 90: 100% METERS 80% METERS A. INSTALLATION COST $ 12,465 $ 9,972 B. OPER & MAINT COST $ 1, 246 $ 997 C. REVENUE $ 14, 600 $ 11, 680 D. DIFFERENTIAL $ 889 $ 711 s. g,: lart ;` C COLLIER COUNTY BEACH VENDOR PERMIT APPLICATION REQUIREMENTS 1. The applicant must have an operations office or headquarters located at a land-based location with direct access to the beach in the immediate area where the vessels are being provided for public use. 2 . The applicant must have and maintain a telephone or marine radio at it's land base operations office. 3 . The applicant must have a motorized chase boat, with an operational marine radio, in good running condition that meets all U.S. Coast Guard safety requirements at the rental site during all hours of applicant's rental operations. 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 that the applicant shall place in service. Any motorized vessel placed in service for public use after a Beach Vendor's Permit has been issued shall have a Florida vessel registration number affixed thereon. 6. The applicant shall provide proof of having at least 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. 532 C MEMORANDUM TO: Mr. Jim Thomas FROM: Catherine Fay-Dahlstrom SUBJECT: Name Plate for Mrs. Cherryle Thomas DATE: October 16, 1989 Jim, would you please order a burgundy PARAB name plate for Mrs. Cherryle Thomas, the new member from Immokalee. Is it an impossibility to have it by the meeting on Thursday? Thank you very much. ® 1560 'INA` COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES 3300 SANTA BARBARA BOULEVARD PARKS AND RECREATION DEPARTMENT NAPLES, FL 33999 (813) 353-0404 A CERTIFIED BLUE CHP COMMUNITY September 29, 1989 Mr. Charles Stevens 224 Foxtail Court Naples, Florida 33942 Dear Mr. Stevens: Mr. McQuillin, at last week's PARAB meeting, asked that you be sent the beach parking meter figures that were discussed. He said he would contact you and bring you up to date so you would be knowledgeable at the October meeting. This subject is to be brought back to committee at that time. 4:: Very truly yours, I Cather' 4AV 17 Fa—Dahlstrom Secret. 4y /cfd Enc. C The applicant must have an operations office or headquarters located at a land base location in the immediate area where the vessels are being provided for public use with direct access on the beach. ® COLLIER COUNTY BEACH VENDOR PERMIT RULES AND REGULATIONS 1. All Collier County Ordinances, Collier County Park and Recreation rules and all applicable Florida State Statues must be adhered to at all times. 2 . Possession of the Beach Vendor's Permit is required while using the facility or outdoor area. Failure to supply the permit when requested by the Director or his /designee may result in expulsion from the area. 3 . Facilities and outdoor areas must be left in clean and orderly condition as determined by the Director or his /designee. 4 . Prohibited at facilities and outdoor areas are fires in undesignated areas, animals, alcoholic beverages or intoxicants, solicitors, sign advertisements and any act or behavior that may be displeasing to the public's Now enjoyment. 5. Beach Vendor Permit holders may not solicit or canvas for the sale or rental of any merchandise, services, goods or property of any kind or character. ,. , • ORDINANCE NO. 89- 11 N� .':i AN ORDINANCE RELATING TO BEACH & WATER SAFETY %MY ? r;.:. AND VESSEL CONTROL; PROVIDING FOR INTENT AND rimmimmm7 'j - PURPOSE; PROVIDING TITLE AND CITATION; SETTING FORTfI APPI,LCAF3ILITY AND DEFINITIONS; PROVIDING FOR REGULATION OF USE AND CONDUCT ON THE BEACH; " ,` PROVIDING FOR VESSEL REGULATION; PROVIDING ! OR ' 1?F:GULATI oN OF CONCESSION OPERATIONS, EOUI PFIEIUI' RENTALS AND VENDORS ON THE BEACH AND ADJOINING ' WATERS ; PROVIDING FOR PENALTIES; PROVIDING FOR ENFORCEMENT; PROVIDING FOR REPEAL OF ORDINANCES NO. 81.-i.1. AND NO. 85-6 ; PROVIDING FOR CONFLICT AND SEVERAI3IL1TY; 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 Mtge, 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 IC: enjoyment thereof by the individuals occupying or using said beaches and waters for recreational purposes as well as those residing nearby; and WHEREAS, the operation of boats and other watercraft in • excess of idle speed poses a threat to the health, safety and, . ' 1 welfare of swimmers and others who are located offshore .Cromw-) ft beaches and shoref:.ont bathing areas; and • ' } WHEREAS, it is necessary that the speed and operation of( ' aircraft, boats and watercraft located offshore from beaches and Tflotiefront bathing areas be controlled in order to protect the Ilea * safety and welfare of the citizens of Collier County and vlsi.tsrs to Collie:: County; and �r '' :WHEREAS, it is in the interest for the safety and welfare of " the piublic that certain controls and regulations be enacted to cz reduce risk of injury to the public and ensure the enjoyability of these natural resources by the general public. NOW, THEREFORE, BE IT ORDAINED DY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION OPE: IIITEN•T 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 _ 11 i:qtr ' 117 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, Marro Xsland, Sand Dollar Island and Little Hickory Island, but shall not apply to the other barrier islands within Coll._i.er- 4:: 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 ultrali.ght aircraft and seaplanes. B. A-WEIGHTED SCALE or SOUND LEVEL - The sound pressure level in decibels as measured on a sound level fifty meter using the A-weighted network. The level so read is designated dDA. 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 locatednor may be - 2 - _ . 1 r located, whether or not designated by signs or other form of notification. ® 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. fLOODBAITING - 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, ç 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 i Ordinance shall include "sea sleds, " "dolphin boats , " "wave runners, " or other such I)LOduct name meeting the description herein provided. f - 3 i N. LICENSE or LICENSED - as used herein means a Collier ® County Occupational License or having such license. 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 41111, being used as a means of transportation on or in the water, including sailboats, sailboards and windsurf boards. 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 bythe prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity for the purpose of directly or ind-irectly promoting conunercial interests through sales, rentals, or any exchange of value. U. SURFING - Surfing means the riding or paddling of a 4011., surfboard within the waters of the Gulf of Mexico abutting or adjacent to the beach. V. ULTRALIGH'1' 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 - 4 - wi: 4�d. A Federal Aviation Administration under part 103 of ® the Federal Aviation Regulations. M1 `� W. 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 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 Lvisually 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 an �,,, Y person 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 "bloodbai_ti.ng. " Nothing herein shall be construed to create a duty of atiy 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 - • 4 . � T • IT F. Throwing of Balls, Frisbees, or Other Objects. It . , 4:1) shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area after having been warned by any law enforcement officer that such activity interferes with or endangers the movement of pedestrian traffic or public safety. 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 sailcraft, 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, I e , whether motorized or not, surf or otherwise use an other . Y ei equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or any chemical substance as set fo::th in Section 877 . 111 , Florida Statutes, or any substance conti:ol.led 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 SOU feet of the water's edge. K. Soliciting and Canvassing Prohibited. There shall be no solicitation or canvassing of the public on the beach: II; ( 1 ) By other than licensed concessionaires . of goods and services for use or consumption: on the beach. No person other than a licensed concessi-onaite shall solicit or canvass for the sale of rental of merchandise, services, (roods, or Property of any kind or character intended for use or conr4umpIion on the beach. ( 2 ) Hy 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 _ • 1' �..s, 3 r • ( 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 r411) ' 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 CountyNois Control_ Ordinance. e 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 4:: peace and quiet of persons who may witness them, or engage In brawling or fighting, or engage in such conduct as to constitute , abreach 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 A. Operation of vessel in excess of idle speed prohibited. IC; ( 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 five hundred feet ( 500 feet) offshore from all sandy beaches and shorefront bathing areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether OF not. such nrc,a .is designated by appropriate sign, buoy or other pubtic notice. ( 2 ) Jet ski regulation. No person shall operate a jet ski : — 7 • e . • 1 C (a) closer than 500 feet perpendicular from the water's edge except to go to and from the shore or except in a. vessel corridor 414) designated under subsection ( 3 ) hereof nor shall proceed to that portion of the Gulf beyond 500 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 500 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 4:: launching area. (5) Water Skiing. No person(s) including the skier(s ) ' (anyone being towed on a line behind a vessel) and the vessel operator(s) shall water ski closer than 500 feet from the edge of the beach directly on the Gulf . ( 6 ) Sailcraft, including sailboats, windsurfboaJ_ds, and sailboards . No person shall operate a sailcraft closer then 500 feet perpendicular from the water ' s edge where bathers are present: except to go to and from the shore by the most: direct means possible in a safe and reasonable manner. ( 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 hot- apply in the case of an emergency or to a patrot or rescue craft. B. Vessel speed not to exceed reasonable speed under 41; existing conditions. Nothing contained in this Ordinance shall . be construed to authorize or approve the speed of any vessel or sailcraft 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 40 • construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly 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 while conducting official duties or operating under emergency conditions . ( 3 ) Commercial fishing vessels are exempted while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and in accordance with Section Six (D) , Vessel speed not to exceed reasonable speed under existing conditions . Under no circumstances, however, shall commercial fishing vessels be operated at greater than idle speed within five hundred feet ( 500 feet ) of bathers. SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS EQUIPMENT RENTALS AND VENDORS ON THE BEACH ANDDJOINING 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: • I A. Beach Vendor Permit Requirement. Any person engaged in the rental , leasing, bailment for consideration, or otherwise providing transportation for remuneration, of motorized or wind-driven vessel(s) for use by the public on the beach or adjoining waters of Collier County, 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: 4:: ( 1 ) The applicant must have an operations office or headquarters located at a land-based location with direct access to the beach in the immediate area where the vessels are being provided for public use. ( 2) The applicant must have and maintain a telephone or marine radio 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 fou each occupant space on each of the vessels to he offered for public use under Section Seven of this Ordinance . The applicant is required to 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. 0 . ( 1 ) The rental or operation subject to the p ion of a motorized vessel provisions of Section Seven of this Ordinance is prohibited to anyone under sl: te_en ( 16 ) years of age except for those children between twelve ( 12 ) and sixteen ( 16 ) years s of age who may operate such vessel g at child ' s parent or an adult supervisortoverlhe 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 described in Section Seven shall have on board an operational life vest while using or having such vessel in the water, and it is a violation of this Ordinance for any such person(s) using such vessel not to have a life vest on board . SECTION EIafrr: PENALTY Any owner, operator, or person in command of any vessel or 4:: 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 • • - 10 - • • • . r: • �,: • • • provisions or requirements of this Ordinance by means of any •t . available civil remedy before the appropriate Code Enforcement Board or in a court of competent jurisdiction. SECTION NINE: ENFORCEMENT The provisions of this Ordinance shall be enforced by members of any duly authorizedlawenforcement 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. 1 , 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 , (, 1 competent jurisdiction, such portion �•�! P ion shall be deemed a separate, r_• ,ll distinct and independent provision and such holding shall no affect the validity of the remainin t J y 9 portion. SECTION TWELVE: EFFECTIVE DATE + ' 11 r r•r This Ordinance shall take effect upon receipt of not1ce from the Secretary of State that this Ordinance has been filed with the Secretary of State. ir` + PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this M:1L day of _alum - _, 1989. .. ATTEST BOARD OF COUNTY COMMISSIONERS JAMES C. ,GILES, Clerk OF COLLI • r • �. � ER COUNTY, FLORIDA • / BY: �� BURT L. SAUNDE SI2SIt ci+iz.itm an Approved as to form and legal sufficiency: This ordinance filed with the David C. Wei e /` --- _Secretary of State's Office ti Assistant County h -orae 7-KLday of�I ,���9 f y and ocknowicdgemen o thot 'Mpg received I si day of / i Deputy cin+t 1 — U. — L , COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES 2124 AIRPORT ROAD, SOUTH ADMINISTRATION SUITE 102 NAPLES, FL 33962 (813) 774-8468 A CERTIFIED BLUE CHIP COMMUNITY 19 October 1989 Mr. Art Jacob, President Vanderbilt Property Owner's Association 431 Palm Court Naples, Florida 33963 Dear Art: At the September 22nd Parks and Recreation Advisory Board meeting you expressed a willingness to work with members of my staff to establish a volunteer program in the Vanderbilt area particularly relating to beach activities. I feel this could be a definite worthwhile endeavor for all concerned and would like to discuss it Cata mutually convenient time so that we could institute the program. Therefore; please call my office and schedule a meeting where we may discuss same. I would like to at least have a preliminary meeting with you prior to the next Parks and Recreation Advisory Board meeting, which is November 19th. Should you have any questions feel free to contact my office. Sincerely, ) ;'O: Kevin O'Donnell Public Services Administrator KO'D/cms cc: Cliff Crawford, Parks & Recreation Director ID ( — --1(/47' 4C) MEMORANDUM TO: Murdo Smith, Manager Collier County Parks and Recreation Department ; FROM: Nannette Klein, Park Ranger Supervisor` _' Collier County Parks and Recreation Depa' ent SUBJECT: Public Parking at Barefoot Beach Preserve Please find attached suggested wording for proposed parking cards at Barefoot Beach Preserve. Your consideration is appreciated. If you have any questions or comments , please contact me. ® 9 I Attachment NMK/nmk cc : Cliff Crawford, Director Parks and Recreation Department file ,+l .,. ` ' * r ,.ej. '- . '' T +R a 4 141/ BAREFOOT BEACH PRESERVE REGULATIONS 1 . PROCEED DIRECTLY TO PRESERVE ENTRANCE AT SOUTH END OF LELY BEACH BOULEVARD. PARKING FOR PRESERVE USE IS PROHIBITED ON PRIVATELY OWNED PROPERTY OR ROADSIDES OUTSIDE OF PRESERVE BOUNDARIES . 2 . PARK ONLY IN DESIGNATED PARKING AREAS IN THE PARKING SPACE NUMBERED ON THIS CARD. PLEASE RETURN THIS CARD TO SECURITY T•THEN LEAVING BAREFOOT BEACH (A RECEPTACLE HAS BEEN PROVIDED) . 3 . THIS CARD MUST BE PLACED ON THE DASHBOARD OF YOUR VEHICLE SO THAT IT IS EASILY READ FROM THE OUTSIDE . 4. BAREFOOT BEACH PRESERVE IS PATROLLED BY COLLIER COUNTY PARK RANGERS . ALL COLLIER COUNTY ORDINANCES AND APPLICABLE STATE AND FEDERAL LAWS WILL BE STRICTLY ENFORCED WITHIN PRESERVE BOUNDARIES . IF YOU NEED ASSISTANCE OR HAVE ANY QUESTIONS ABOUT PRESERVE ORDINANCES OR NATURAL ' RESOURCES , PLEASE CONTACT A PARK RANGER OR CALL 353 - 0404. • • COLLIER COUNTY PARKS AND RECREATION DEPARTMENT HAS PROVIDED THIS COASTAL PRESERVE FOR YOU AND FUTURE GENERATIONS TO ENJOY. THE FRAGILE ECOSYSTEM SEEN HERE IS REPRESENTATIVE OF ORIGINAL COASTAL SOUTHWEST FLORIDA. PLEASE USE DUNE CROSSOVERS AND PROTECT STABILIZING SEA OATS. ALL ,PLANTS_-.SND ANIMALS IN THE PRESERVE. ARE PROTECTED BY COLLIER COUNTY ORDINANCE AND MAY NOT BE HARASSED OR REMOVED. THANK YOU FOR YOUR COOPERATION IN KEEPING BAREFOOT BEACH PRESERVE IN A NATURAL STATE .