Ordinance 2002-28 RESOLUTION NO. 2002- 2___6_2
AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 95-67,~oz 6 s L9~7~/'
AMENDED; ALSO BEING A RESOLUTION OF BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING RULES
AND REGULATIONS OF THE COLLIER COUNTY AIRPORT AUTHORITY;
TRESPASSES; CARRYING CONCEALED
FIREARMS; PENALTIES; REFERRALS
GOVERNMENT; AUTHORIZING AIRPORT
REFER SUSPECTED VIOLATIONS
ENFORCEMENT TO OUTSIDE LAW
WEAPONS OR CONCEALED
WITHIN COLLIER COUNTY
AUTHORITY EMPLOYEES TO
FOR INVESTIGATION OR
ENFORCEMENT AGENCIES;
PROVIDING FOR INCLUSION OF THIS ORDINANCE INTO THE COLLIER
COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Subsection 332.08(2)(a), Florida Statutes, expressly provides that
each Florida Municipality (which by definition in Subsection 332.01(1), Florida
Statutes, apparently includes (but in this specific context may not include) every
Florida County), may adopt rules, regulations and ordinances for management,
governance, control and use of airport properties under the county's control, and
to fix by Ordinance or resolution such penalties as may be appropriate for
violations of such adopted rules, regulations or ordinances, and to enf~ th~L~e
penalties in the same manner in which penalties prescribed by otl~9~ru~s,
regulations, and ordinances of the Municipality and/or County are enfor~i'.,an~
WHEREAS, Subsection 332.08(2)(b), Florida Statutes, expressly pro~ t~t
when a Florida County operates one or more airports, the county's regulations ~r
the governance of the airport shall be by resolution of the Board
Commissioners, notice of which may be published by publication once
a newspaper for four (4) consecutive weeks and that a violation ~ule~
published in that manner shall be a misdemeanor of the second degree as
provided for in Section 775.082 or in Section 775.083, Florida Statutes; and
WHEREAS, The Board of County Commissioners of Collier County, Florida,
("Board") desires that this document shall operate as such a Resolution and/or
such an Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE. New subsections are hereby added to Collier County
Ordinance No. 95-67, as amended, which new sections comprise new Section
18-67 through new Section 18-71 of the Collier County Code of Laws and
Ordinances. These new subsections read as follows:
Sec. 18-67. Adoption of Rules and Regulations Previously Adopted by the
Collier County Airport Authority.
(a) The Board of County Commissioners, pursuant to Section 332.08,
Florida Statutes, hereby adopts all of the following Rules and Regulations
heretofore adopted by the Collier County Airport Authority ("Authority"):
(1) The Collier County Airport Authority Rules and Regulations for
General Aviation Airports, Collier County, Florida, applicable to the Everglades
Airport, to the Immokalee Regional Airport, and to the Marco Island Executive
Airport, adopted by the Authority as revised on February 11, 2002 (17 pages).
(2) The Collier County Airport Authority Minimum Standards for
Commercial and Non-Commercial Aeronautical Activities at the Immokalee
Underlined text is added; Struck-through text is deleted.
Regional Airport, adopted by the Authority as revised on February 11, 2002 (17
pages).
(3) The Collier County Airport Authority Minimum Standards for
Commercial and Non-Commercial Aeronautical Activities at the Everglades
Airpark, adopted by the Authority as revised on February 11,2002 (17 pages).
(4) The Collier County Airport Authority Minimum Standards for
Commercial and Non-Commercial Aeronautical Activities at the Marco Island
Executive Airport, adopted by the Authority as revised on February 11, 2002 (17
pages).
(5). The Collier County Airport Authority Administrative Code, adopted
by the Authority as revised on February 11,2002 (42 pages).
(6) The Collier County Airport Authority Leasing Policy adopted by the
Airport as revised on February 11,2002, (19 pages).
(c) Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement
of violations of such Rules and Regulations as a second degree misdemeanor)
applies only to Rules and Regulations adopted by the Board. Future
amendments to such Rules and Regulations may not be enforced as a
misdemeanor pursuant to this Ordinance until each such respective future
amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida
Statutes, which may be by adoption of a Resolution of the Board subject to the
four (4) weeks public notice requirement. However, this limitation does not affect
enforcement of any such future amendment(s) to any such Rule or Regulation
except when the amended Rule or Regulation is to be enforced as a
misdemeanor. Violation of any such future amendment not yet then adopted by
the Board may be referred for enforcement to any Collier County enforcement
department and/or to any outside agency or entity, for enforcement by other
means.
(d) Every violation of any such Board adopted Rule and/or Regulation
shall be a separate violation of this Ordinance. Also, every individual who, while
in the presence of a law enforcement officer, either refuses to immediately obey
an oral order (instruction) to leave the airport, or to move his/her person to some
other part of the airport, or who is then committing any violation of any such Rule
or Regulation, or is committing a trespass anywhere in any secured area of an
airport, such law enforcement officer may arrest the violator without a warrant for
any such violation(s), which authority to arrest without a warrant is authorized by
subsection 901.15(1), Florida Statutes.
Sec. 18-68. Trespass: Anywhere at Airport; Secured Areas.
(a) It shall be a separate violation of this Ordinance for any individual to
refuse to immediately and completely obey an oral order (instruction) to leave the
airport, or to move his/her person to some other area of the airport, if the order
(instruction) is personally communicated to the individual by the Airport Manager,
or if the Airport Manager is not then and there available, by any employee who at
such time and place has authority to issue such an instruction.
(b) It is a separate violation of this Ordinance for any individual to commit
a trespass into (or within) any secure area of any Collier County Airport, provided
signs are posted in conspicuous areas and such signs give notice that
unauthorized entry into the respective secured area constitutes a trespass, and
the signs specify the means that are available for gaining authorized access to
the respective secure area. Each such violation of this Ordinance shall subject
each such trespassing individual(s) to arrest by a law enforcement officer without
a warrant, on or off of the airport, as specified in subsection 901.15(15), Florida
Statutes. The Collier County Airport Authority is hereby authorized to designate
such secure area(s) as it deems appropriate by posting appropriate signs. Each
such trespass in any secured area of an airport is an independent violation of this
Ordinance irrespective of application of any Airport Authority Rule or Regulation.
Sec. 18-69. Concealed Weapons; Concealed Firearms.
Any individual not then authorized by applicable law to carry a concealed
firearm or a concealed weapon into the passenger terminal of the airport, or into
any sterile area of any Collier County Airport shall thereby violate this Ordinance
and shall violate Subsection 790.06(12), Florida Statutes. The specified penalty
for such violation is not less than a misdemeanor of the second degree, as
specified in that statutory subsection. "Sterile area" is defined in that Statute as
"the area of the airport to which access is controlled by the inspection of persons
and property in accordance with federally approved airport security programs."
However, provided such action or possession is not then prohibited by federal
law, rule or regulation, that statutory provision does not prevent an individual
from carrying any legal firearm into the airport terminal provided each such
firearm is then encased for shipment for purposes of checking such firearm as
baggage to be lawfully transported on an aircraft. No such "firearm or weapon"
violation is a violation of this Ordinance because this field of regulation is wholly
preempted to the State of Florida by application of Section 790.33, Florida
Statutes.
Sec. 18-70. Penalties; Referrals Within Collier County Government.
(a) General Penalties; Continuing Violations. In this Ordinance the
phase "violation of this ordinance" means any of the following
(1) Doing an act that is prohibited or made or declared unlawful, or an
offense, or a misdemeanor by ordinance, or by rule or regulation authorized by
any Collier County ordinance.
(2) Failure to perform an act that is required to be performed by any
Collier County Ordinance, or by Rule or Regulation authorized by any Collier
County Ordinance.
(3) Failure to perform any act if the failure is declared a misdemeanor or
an offense, or otherwise unlawful or a violation by any Collier County Ordinance,
or by any rule or regulation authorized by Collier County Ordinance.
(b) In this Ordinance, the phrase "violation of this ordinance" does not
include the failure of a Collier County officer or a Collier County employee, or
any officer or any employee of the Collier County Airport Authority, to perform a
duty or responsibility.
(c) Except as may otherwise be specifically provided with regard to the
specific rule or regulation, an individual or entity convicted of a violation of any
such rule or regulation, or of an independent violation of this Ordinance, may be
punished by a fine not to exceed five hundred dollars ($500), and if the violator is
an individual, by imprisonment in the County Jail for a term not to exceed sixty
(60) days, or, if the violator is an individual, by both such fine and imprisonment.
With respect to any violation of this Ordinance that is continuous with respect to
time, each day the violation continues may be held by the respective forum (trier
of fact) to be a separate offense or separate violation.
(d) Imposition of a felony penalty, or any misdemeanor penalty, or any
civil penalty, does not prevent or affect possible revocation or suspension of a
license, permit, contract or franchise, or affect imposition of any other civil
penalties, or affect imposition of any other administrative fines, action(s) or
penalties by any enforcement forum whatsoever.
(e) Violations of any such rule or regulation, and/or any independent
violation(s) of this Ordinance, may be abated by injunctive or other equitable
relief, and no bond shall be required from the County or from the Authority; Nor is
proof of intent or scienter required by this Ordinance. No imposition of any fine
or any other penalty shall prevent any equitable relief whatsoever.
(f) Every alleged violation(s) of any of such rule or regulation may be
referred by the Airport Authority, and/or by the Airport Authority's Executive
Director, for investigation and enforcement by any Collier County Code
Enforcement Board, or with respect to any vehicle for hire, to the Collier County
Public Vehicle Advisory Committee. All penalties then available to the referred to
Board, Committee, or department may be applied to each respective violators).
Sec. 18-71 Referral for Investigation or Enforcement) to Outside Law
Enforcement Agencies.
(a) Any suspected violation(s) of any of any such rule or regulation may
be referred by the Airport Authority, and/or by the Airport Authority's Executive
Director, to any appropriate outside law enforcement department, entity, or
4
agency, for investigation and/or enforcement as a misdemeanor of the second
degree as then punishable as such punishment is provided for in Section
775.082 or in Section 775.083, Florida Statutes.
(b) Any officer or other employee of the Airport authority who suspects
that a violation of any such rule or regulation is occurring or is being committed,
the officer or employee is authorized to immediately notify the Collier County
Sheriff's Department, Office, or substation, if in that officer's or employee's
judgment an arrest or forcible restraint may be an appropriate response to the
situation.
(c) The Executive Director, and/or the Airport Authority, and/or the Airport
Manager of the respective airport (or such Airport Manager's designee) may refer
for investigation and enforcement any suspected violation of this Ordinance
and/or any Airport Authority rule and/or regulation that may be a violation of any
law, rule or regulation within the investigation and/or enforcement jurisdiction of
the respective entity to which the matter is referred, which may include the
Federal Government or any agency or sub-part thereof. Also, such referral need
not appear to be a violation of any Airport Authority rule or regulation or of any
Collier County Ordinance.
SECTION TWO.
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 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 portions.
SECTION THREE.
INCLUSION IN THE CODE OF LAWS AND
ORDINANCES.
This Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be
renumbered or relettered to accomplish that result, and the word "Ordinance"
may be changed to "Section," "Article," or any other appropriate word.
SECTION FOUR.
EFFECTIVE DATES.
This Ordinance shall be effective upon filing with the Florida Department
of State. The effective date of this Resolution shall be on the date adopted by
the Board of County Commissioners.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida this __[J._t_h day of June ,2002.
~~;~;~"'.,'"'.~',~. '~ BOARD OF COUNTY COMMISSIONERS
~W~h~,~,B.r~k, ~fk COLLIER C~NTY~L~~
,~,'~,~~~ :.;.;,.- James N Coletta, Chairman
., ~~%.F .Attest as to c~.,--.~,.
,:' '%," ~ ~=-~:'~.'~'-stgnature ~1~['""-~. ,
Appro~/ed as to form
and legal'sufficiency
Thomas C. Palmer,
Assistant County Attorney
'r~is Em:llr~nce filed with the
,~/~r~dayry of ~tate', Office the
and acknow~dgemeQt, of. that
fili,ng received .this ¢~--' day
6
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2002-28
Which was adopted by the Board of County Commissioners
on the llth day of June, 2002, during Regular Session.~:
WITNESS my hand and the official seal of. the Boar~;~f
County Commissioners of Collier County, Florida, this
day of June, 2002.
DWIGHT E. BROCK]
Ex-officio to Board
County Commissioners :-:.
. '-.
,Q ~.*** ....*
",,
By: Ellie Hoffman,
Deputy Clerk