Agenda 02/10/2015 Item #17G 2/10/2015 17.G.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 89-11, removing "Key Island"
from the attached list of barrier islands to provide consistent enforcement of activities on Key
Island.
OBJECTIVE: To provide uniform ordinances and consistent enforcement of various activities on Key
Island(Keewaydin).
CONSIDERATIONS: The Parks and Recreation Department presented this Ordinance amendment for
approval on March 8, 2011 (Item 10F). The Board continued this amendment to allow staff to make
contact with homeowners on Key Island and to clarify an issue about animals on leashes. Since March
2011, Parks and Recreation Staff has consulted and worked with Collier County Sheriff's Office,
Rookery Bay, Conservancy of Southwest Florida and FWC prior to bringing forward this issue. The
CCSO supports this Ordinance amendment. In addition, Rookery Bay and Conservancy of Southwest
Florida staff has reached out to JP VanDongen, the Home Owners Association President for the
Keewaydin Homeowners Association. Rookery Bay staff has also provided an informational email to
inform other home owners on the island regarding the implications of this change(see attachment).
Collier County Ordinance No. 89-11 (Collier County Beach and Water Safety and Vessel Control
Ordinance) prohibits certain activities on beaches within Collier County including open fires, camping,
and leashed or unleashed animals. Section three (3) "Applicability" currently includes "Key (or
"Keewaydin)Island"as one of the barrier islands subject to enforcement of this ordinance.
Florida lands owned by the Florida Department of Environmental Protection (FDEP) fall under the
jurisdiction of the State and Florida Administrative Code 18-23.007. This Code allows for open fires in
designated spaces, camping in designated spaces, and leashed animals on the beach.
For clarification, both the Collier County Ordinance No. 89-11 and Florida Administrative Code 18-
23.007 prohibit unleashed domestic animals (dogs) on the beach. Only the Florida Administrative Code
allows for leashed dogs on the beach.
A large portion of the island is owned and operated by FDEP including several parcels of land operated
by the Conservancy. Several other parcels are owned by private individuals (see attached maps). Due to
the interest that FDEP has in Key Island, Florida Fish and Wildlife Conservation(FWC) officers are often
dispatched and respond to requests for law enforcement by residents on the island. FWC is authorized to
enforce State laws and FAC 18-23.007; however, FWC officers do not have the authority to enforce
Collier County Ordinances including No. 89-11.
The proposed amendment would remove Key Island from the jurisdiction of County Ordinance No. 89-11
and allow for uniform law enforcement consistent with Florida Administrative Code guidelines in regards
to the above activities on the beach.
The advertisement of the proposed Ordinance was previously authorized by the Board at its January 27,
2015 meeting, a copy of which is attached.
FISCAL IMPACT: There is no fiscal impact aside from the advertising costs, which have been paid for
out of the General Fund(001)Beach and Water cost center.
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2/10/2015 17.G.
GROWTH MANAGEMENT IMPACT:None.
LEGAL CONSIDERATION: This item has been approved as to form and legality and requires
majority vote for approval.—CMG
RECOMMENDATION: That the Board of County Commissioners adopts the Ordinance removing
"Key Island" from the jurisdiction of the Ordinance to provide consistent enforcement of activities on
Key Island.
Prepared by: Nancy E. Olson, Manager Beach and Water, Parks and Recreation
Attachments: 1)Advertisement, 2)Proposed Ordinance 2015-
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2/10/2015 17.G.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.G.
Item Summary: Staff recommends this item be continued to the February 24, 2015 BCC Meeting.
Recommendation to adopt an Ordinance amending Ordinance No.89-11, removing "Key Island" from
the attached list of barrier islands to provide consistent enforcement of activities on Key Island.
Meeting Date: 2/10/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst,Beach &Water
1/29/2015 11:41:09 AM
Submitted by
Title: Regional Manager-Parks &Recreation, Beach &Water
Name: OlsonNancy
1/29/2015 1 1:41:11 AM
Approved By
Name: AlonsoHailey
Title: Operations Analyst, Public Services Division
Date: 1/29/2015 2:12:37 PM
Name: WilliamsBarry
Title: Director-Parks &Recreation,Parks &Recreation
Date: 1/29/2015 2:14:12 PM
Name: Washburnllonka
Title: Manager-Park Operations, Parks &Recreation
Date: 1/29/2015 2:22:41 PM
Name: TownsendAmanda
Title: Director-Operations Support,Public Services Division
Date: 1/29/2015 2:27:13 PM
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2/10/2015 17.G.
Name: CarnellSteve
Title: Administrator-Public Services, Public Services Division
Date: 1/29/2015 4:09:59 PM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 2/3/2015 11:40:02 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior,Transportation Engineering&Construction Management
Date: 2/3/2015 3:18:25 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 2/3/2015 3:20:07 PM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 2/3/2015 4:00:29 PM
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2/10/2015 17.G.
•
•
•
24D Friday, January 30,2015 )) NAPLES DAILY NEWS
•
NOTICE OF MEETING - NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, February 10,2015, in.the Boardroom,Third
Floor,- Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
•
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-11, AS AMENDED, THE
COLLIER COUNTY BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE,
SPECIFICALLY SECTION THREE, "APPLICABILITY," BY REMOVING KEY ISLAND AS
ONE OF THE BARRIER ISLANDS SUBJECT TO ENFORCEMENT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT
AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE. •
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
-available for inspection. All interested parties are invited to attend and be heard.
•
NOTE: All,persons'wishing to speak on any agenda item must register with the
County administrator prior fo presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. ,The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speakon an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall b2 submitted to the appropriate County staff a minimum of seven days ..
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based. '
If you are a person with a disability who needs any accommodation in-order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the. Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, .Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TIM NANCE,CHAIRMAN •
DWIGHT E.BROCK,CLERK
By: Martha Vergara,Deputy Clerk •
•
(SEAL) No 2046867
January 30.2015 • .
•
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2/10/2015 17.G.
ORDINANCE NO. 2015-
AN ORDINANCE OF THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,
AMENDING ORDINANCE NO. 89-11, AS AMENDED, THE
COLLIER COUNTY BEACH AND WATER SAFETY AND
VESSEL CONTROL ORDINANCE, SPECIFICALLY
SECTION THREE, "APPLICABILITY," BY REMOVING
KEY ISLAND AS ONE OF THE BARRIER ISLANDS
SUBJECT TO ENFORCEMENT; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 28, 1989, the Board of County Commissioners adopted
Ordinance No. 89-11, known as the "Collier County Beach and Water Safety and Vessel Control
Ordinance," which Ordinance was subsequently amended by Ordinance Nos. 89-86, 96-28, 97-12,
and 98-88; and
WHEREAS, in keeping with a request by the Collier County Sheriffs Office, and in order
to preclude delays in its enforcement of state law pertaining to activities in buffer preserves, the
Board of County Commissioners desires to amend Section Three of Ordinance No. 89-11, as
amended, by removing Key Island as one of the barrier islands subject to enforcement.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA that:
SECTION ONE. AMENDMENT TO SECTION THREE OF ORDINANCE NO. 89-11,
AS AMENDED.
Section Three is hereby amended to read as follows:
SECTION THREE: APPLICABILITY.
This Ordinance shall apply to and be enforced in the unincorporated area of Collier County,
including Key Island, Marco Island, Sand Dollar Island and Little Hickory Island, and, except as
otherwise specified herein, shall not apply to the other barrier islands within Collier County
jurisdiction.
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SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION THREE: 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 FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk ,CHAIRMAN
Approved as to form
and legality:
ff
Ileen M. Greene
Assistant County Attorney
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