Ordinance 2018-31 ORDINANCE NO. 2018 -31
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, TO BE KNOWN AS THE VANDERBILT
BEACH CUSTOMARY USE ORDINANCE, PROTECTING THE PUBLIC'S
LONG-STANDING CUSTOMARY USE OF ALL OF VANDERBILT
BEACH; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT;
PROVIDING FOR A DEFINITION OF VANDERBILT BEACH;
PROVIDING FOR A RIGHT TO RECREATE;PROVIDING FOR A 15 FOOT
BUFFER ZONE; MAKING IT UNLAWFUL TO CREATE OBSTRUCTIONS
ON VANDERBILT BEACH; MAKING IT UNLAWFUL TO POST ANY
PART OF VANDERBILT BEACH AS PRIVATE; PROVIDING FOR
PENALTY FOR VIOLATIONS; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS
AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents of the county by enacting
and enforcing regulations concerning the use of property necessary for the protection and benefit of
the public; and
WHEREAS,the Collier County Board of County Commissioners hereby finds that from time
immemorial the public has enjoyed access to Vanderbilt Beach and has made recreational use of
Vanderbilt Beach; that this use has been ancient, reasonable, without interruption, and free from
dispute;that because of this customary access and use,the public has the right of access to Vanderbilt
Beach and a right to use Vanderbilt Beach for recreation and other customary purposes; that to
protect this customary access and use, the Board from time-to-time has spent public moneys to
renourish and enhance Vanderbilt Beach; and
WHEREAS, the Board of County Commissioners desires to adopt these regulations to
protect the public's right to access and recreate along Vanderbilt Beach, and to protect the tourism
industry of Collier County, while at the same time protecting the private property rights of those
owners with lands adjacent to the Gulf.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
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Section One: Title.
This Ordinance shall be known and may be cited as the "Collier County Vanderbilt Beach
Customary Use Ordinance."
Section Two: Purpose and Intent.
The purpose of this Ordinance is to protect the public's long-standing customary use of
Vanderbilt Beach, including the dry sand portion thereof, while at the same time protecting the
private property rights of those owners with lands adjacent to Vanderbilt Beach. This Ordinance
shall not be construed to affect in any way the title of any owner of land adjacent to Vanderbilt
Beach, and is to be read as a supplement to Ordinance 76-20, known as The Public Beach Access
Ordinance.
Section Three: Definition.
As utilized herein,Vanderbilt Beach shall mean the entire beach commencing at the southern
terminus of Delnor-Wiggins Pass State Park, thence running southerly past Vanderbilt Beach Road
until FDEP Monument R-31.5. Vanderbilt Beach shall include not only that part of the beach
seaward of the mean high water line, but shall also include the dry sandy area adjacent to the mean
high water line up to the vegetative line.
Section Five: Right to Recreate
Except as provided below, the public shall have the right to recreate along all of Vanderbilt
Beach. Recreation shall include walking, jogging, sunbathing with or without a beach umbrella,
picnicking, fishing, building sandcastles, and other similar recreational beach activities.
Section Six: Buffer Zone
The public at large, including the residents and visitors of the County, shall not utilize a
15-foot buffer zone located seaward of any permanent habitable structure owned by a private entity
that is located on, or adjacent to, the dry sand areas of the beach, whichever is more seaward,
except as is necessary to utilize an existing or future public beach access point for ingress and
egress to the beach.
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Section Seven: Obstruction of Vanderbilt Beach
It shall be unlawful for any person to create, erect or construct any fence, structure, barrier
or restraint within Vanderbilt Beach. Sand fences,which have received all necessary permits from
state and federal agencies, and turtle fences are exempt from the prohibition contained in this
section.
Section Eight: Posting of Beach
Except for buffer zones,it shall be unlawful for any person to display or cause to be displayed
anywhere along Vanderbilt Beach any sign, marker or warning stating that any part of Vanderbilt
Beach is private, that the public does not have the right to access or recreate upon any part of
Vanderbilt Beach,or to in any way interfere with any person who is lawfully using Vanderbilt Beach.
Buffer zones may be marked as such.
Section Nine: Penalty for Violations.
Violation of any provision of this Ordinance shall be treated in the same manner as a
misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment
not to exceed 60 days, or by both such fine and imprisonment. All violations of this Ordinance may
be processed according to the Collier County Consolidated Code Enforcement Ordinance(Ord. No.
2010-04, as amended) and per provisions of Chapter 162, pts. I or II, Florida Statutes, as may be
applicable. A law enforcement official or code enforcement officer is specifically authorized to
issue a citation for each violation of this Ordinance.
Section Ten. 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
Section Eleven. 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-
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lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
Section Twelve. Effective Date.
This Ordinance shall be effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this? Xday of a_.5 vtc_. ,2018.
ATTEST: BOARD OF 0• TY COM .IONERS
CRYSTAL K. KINZEL, Interim Clerk COLLIE' 0 Y, FLO'.
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By: OA4✓ y'
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ty Clerk Andy Solis, Chairman
Attest as to airma .st,
sign. re on y.
Approv•, r' .orm • d legality:
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Jeffrey A T: w, County Attorney
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
June 27, 2018
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2018-31, which was filed in this office on June 27, 2018.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us