Agenda 09/13/2011 Item #16E 19/13/2011 Item 16.E.1.
EXE!UTIVE SUMMARY
Request for authorization to advertise and bring back for future consideration an
ordinance regulating the public's use of "preserve lands" managed by Conservation Collier
and the Collier County Parks and Recreation Department.
OBJECTIVE: To obtain authorization from the Board of County Commissioners (Board) to
advertise and bring back for future consideration an ordinance regulating public uses within
F
Conservation Collier and Parks and Recreation Department designated and managed preserve
i
lands.
CON i '",RATIONS: At its December 14, 2010 regular meeting, Agenda, Item 16E9, the
Bo lrected staff to draft regulations identifying the public uses 'appropriate for County
-
o preserve lands with the intent of adding these regulations to Chapter 98 of the Code of
Laws and Ordinances "Parks and Recreation." The Board also directed staff to propose; user fees
associated with these activities.
Conservation Collier, the Parks and Recreation Department, and the County Attorney's Office
developed the proposed ordinance which regulates activities such as camping, vehicle use,
hunting, and allowance of leashed ' dogs within the County's preserve properties. The proposed
regulations would be incorporated into Chapter 98 of the Code of Laws and Ordinances as a new
Article IV. Because public use is not permitted on mitigation preserve lands owned and
maintained by other County Departments, the proposed ordinance only applies to preserve lands
managed by Conservation Collier and the Parks and Recreation Department.
At its April 29, -2011 meeting, the Conservation Collier Land Acquisition Advisory Committee
(CCLAAC) Ordinance Policy and Rules ,Subcommittee voted to bring the proposed ordinance
before the full CCLAAC. On May 9, 2011, the CCLAAC unanimously recommended approval
with minor revisions that are included in the proposed ordinance.
FISCAL CT: Ordinance advertisement will cost approximately $400.00. Funds for
a ertisement are available within Conservation Collier Land Acquisition Fund 172.
i
LMAL CONSIDERATIONS: This item has been reviewed by the County Attorney's Office
and is legally sufficient for Board action. A majority vote is required. - STW _
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this action.
RECOMMENDATION: That the Board of County Commissioners authorizes staff to advertise
the proposed ordinance regulating the public's use of preserve lands managed by Conservation
Collier and the Parks and Recreation Department so that it may be placed on the October 11,
2011 regular meeting agenda.
PREPARED BY: Melissa Hennig, Principal Environmental Specialist, Facilities Management
Department
Attachments: proposed draft ordinance
Packet Page -2603-
9/13/2011 item 1 6. E.1.
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.E.1.
Item Summary: Request for authorization to advertise and bring back for future
consideration an ordinance regulating the public's use of "preserve lands" managed by
Conservation Collier andthe Collier County Parks and Recreation Department.
Meeting Date! 9/13/2011
Prepared By
Name: HennigMelissa
Title: Environmental Specialist, Principal,Facilities Management
7/11/2011 12:53 :31 PM'
Submitted by
Title: Environmental Specialist, Principal,Facilities Management
Name: HennigMelissa"
7/11/2011 12:53:33 PM
Approved By
Name: SmithKristen
Title: Administrative Secretary,Risk Management
Date: 7/11/20113:24:10 PM
Name: CampSkip
Title: Director - Facilities Management,Facilites Manage
Date: 7/11/20114:20:37 PM
Name: WilliamsBarry
Title: Director - Parks & Recreation,Parks & Recreation
Date: 7/13/20115:12:18 PM
Name: OlsonNancy
Date: 7/14/20119 :07:59 AIv1
Name: PriceLen
Packet Page -2604-
9/13/2011 Item 16.E.1.
Title: Administrator.- Administrative Services,
Date: 7/14/20113:59:38 PM
Name: WilliamsSteven
Title: Assistant County Attorney,County Attorney
Date: 7/14/20114:58:47 PM
Name: StanleyTherese
Title: Management/Budget Analyst, Senior,Office of Management & Budget
Date: 9/2/2011 10:38:46 AM
Name: KlatzkowJeff
Title: County'Attomey,
Date: 9/7/20119:48:51 AM
Name: OchsLeo
Title: County Manager
Date: 9/7/20119:57:33 AM
Packet Page -2605-
9/13/2011 Item 16.E.1.
ORDINANCE NO. 2011-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS
RELATED TO PUBLIC USE OF PRESERVE LANDS SO DESIGNATED AND
MANAGED BY THE COLLIER COUNTY PARKS AND RECREATION
DEPARTMENT AND CONSERVATION COLLIER; PROVIDING INTENT
AND PURPOSE; PROVIDING DEFINITIONS; PROVIDING VEHICLES
AND TRAFFIC CONTROL; PROVIDING CONDUCT ON PRESERVE
LANDS; PROVIDING ACTIVITIES WITHIN PRESERVE LANDS;
PROVIDING PERMITS REQUIRED FOR ACTIVITIES WITHIN
PRESERVE BOUNDARIES; PROVIDING HOURS OF OPERATION;
PROVIDING ENFORCEMENT AND PENALTIES; ADDING A SCHEDULE
B FEE SCHEDULE FOR PRESERVE LANDS; PROVIDING TERRITORY
EMBRACED; PROVIDING CONFLICT AND SEVERABILITY; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the recreational use of preserve lands is a treasured asset of Collier County
which is afforded to its residents and visitors; and
WHEREAS, preservation of the representative objects or conditions is all important and
resource considerations must be given priority; and
WHEREAS, uses permitted are usually of a passive nature, related to the aesthetic,
educational, and scientific enjoyment of the objects and conditions maintained in the preserve and
adjoining waters. Other uses, in limited amounts, are permitted if compatible; and
WHEREAS, Collier County has acquired certain lands designated as preserves under the
Conservation Collier Program and through the Parks and Recreation Department for the protection,
restoration, and management of environmentally - sensitive lands and for the benefit of present and
future generations; and
WHEREAS, the Collier County Land Development Code requires the County to adopt a
comprehensive plan that addresses future land use, coastal management, conservation, and open
space elements, and manages the County's lands and waterways; and
WHEREAS, the Board of County Commissioners authorizes the preparation of management
plans to guide in the administration of Parks and Recreation Department and Conservation Collier
Program preserve lands; and
WHEREAS, the Board of County Commissioners desires to establish regulations that will
provide sound stewardship of these preserve lands while allowing opportunities for the public to
appreciate their intrinsic value for passive recreation, environmental education, and scientific
research.
Packet Page -2606-
9/13/2011 Item 16.E.1.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, THAT:
PRESERVE LANDS
SECTION ONE: INTENT AND PURPOSE.
It is the intent and purpose of this Ordinance to regulate the use of those preserve lands so
designated and managed by the Collier County Parks and Recreation Department and Conservation
Collier so as to protect the health, welfare, and safety of the persons using said lands and to provide
for the protection, restoration, and management of these environmentally - sensitive lands for the
benefit of present and future generations.
SECTION TWO: DEFINITIONS.
When used herein, the following definitions shall apply:
1. Activity means the doing of any act or the failure to do any act by a person.
2. Adverse impact means the actual or potential harm or injury to any property, wildlife, or
plant life or other natural resource with the preserves managed by Collier County,
3. Beach means the soft sand portion of land lying seaward of a seawall or line of permanent
vegetation and 300' seaward of the mean high water line.
4. Beach access area means any easement, street, alley, right -of -way or any other property
deeded or dedicated to the public for the purpose of allowing the public access to beaches
across public or private property.
S. Board means the Collier County Board of County Commissioners.
6. Carrying capacity means the number of individuals or vehicles permitted within an
individual preserve or a designated portion thereof, at any given time without having an
adverse impact upon the preserve or designated portion thereof.
7. Collier County or County means Collier County, Florida.
8. Commercial vehicle and/or vessel means any passengered conveyance (except a baby
carriage or wheelchair) for commercial purposes, operating for profit, with paying
customers.
9. Cultural /historic resources means any archaeological and/or historic site, feature or artifact
found within preserve boundaries.
10. Law Enforcement Officer means any person who is elected, appointed, or employed full or
part -time by the state, the County, or municipality who is vested with the authority to bear
arms and make arrests; and whose primary responsibility is the detection and prevention of
crime, or the enforcement of the penal, criminal, traffic, or highway laws of the state or
County.
11. Livestock means all domesticated animals of equine, bovine, or swine class, including
sheep, goats and other grazing animals.
12. Management Plan means the Board- approved management plan developed by the County,
unique to each individual preserve, as each plan may be amended from time to time.
Packet Page -2607-
9/13/2011 Item 16.E.1.
13.
Natural resource -based recreation means all forms of uses which are compatible with the
specific parcel. Such uses shall include, but not be limited to, scientific research,
environmental education, quiet enjoyment, hiking, nature photography, bird - watching,
kayaking, canoeing, swimming, camping, hunting and fishing.
14.
Parking area means any part of any preserve area road, or area contiguous thereto,
specifically designated for the standing or stationing of any vehicle with appropriate
signage.
15.
Passive Recreation means activities characterized by a natural resource emphasis and non -
motorized activities. These activities are deemed to have minimal negative impacts on
natural resources; or are consistent with preservation, enhancement, restoration and
maintenance goals for the purpose of habitat conservation. Examples of passive recreation
include, but are not limited to, bird watching and nature study, swimming, picnicking,
hiking, fishing and hunting, where appropriate.
16.
Pet means any domesticated animal typically kept for companionship, protection,
transportation or amusement, including wild animals licensed by state law for personal
possession. Pet also includes domesticated species found in a feral, wild, or abandoned
state. However, the term does not include certified service animals, specially trained to
provide personal care services to the disabled.
17.
Pollution means the presence in the air, soil, or waters of any substance, noise,
contaminant, or anthropogenic alteration of the chemical, physical, biological, or
radiological integrity of the air, soil, or water in a quantity or at a level that is or may be
potentially harmful or injurious to human health or welfare, biological diversity, or
property, or that unreasonably interferes with the enjoyment of the preserve.
18.
Preserve means an area set aside essentially to maintain objects or conditions existing
therein. A Collier County preserve is an area managed by the Parks and Recreation
Department or the Conservation Collier Program that is designated to perpetuate certain
exceptional objects or conditions that provide a type of recreational experience, where
appropriate, which would not be possible otherwise.
19.
Vehicle means any passengered conveyance (except a baby carriage or wheelchair) for the
transportation of persons or material whether:
a. Powered or drawn by motor such as an automobile, truck, bus, motorcycle, Segwaye,
scooter, mini -bike, all terrain vehicle, off road vehicle, or trail bike;
b. Animal -drawn as a carriage, wagon, or cart;
C. Rider propelled bicycle or tricycle;
d. Trailer in tow of any size, or description;
e. Watercraft of any type, including pontoon boats, hovercrafts, jet skis, wave runners,
sea sleds, dolphin boats or other such product name;
£ Aircraft of any type.
20.
Wildlife means any species living, growing, or occurring in a natural, non - domesticated
state, including but not limited to animals; live shells, sand - dollars and sea stars.
SECTION THREE: VEHICLES AND TRAFFIC CONTROL.
1. Bicycles, unicycles, skateboards, roller blades, and roller skates may only be used or
operated on roads and trails designated for this activity. Where provided, bicycle racks must
be used for the parking of bicycles and unicycles. Bicycles or unicycles shall not be chained
Packet Page -2608-
9/13/2011 Item 16.E.1.
or locked to trees, any other plant life or structures, or placed so as to obstruct pedestrian or
vehicular movement.
2. Entering preserve lands. Any person entering or leaving preserve lands, whether by foot or
vehicle, shall do so solely through designated entry and exit points.
3. Parking. All vehicles shall be parked only in designated parking areas or in such areas and at
such other times as may be authorized by appropriate signage. No unauthorized vehicle shall
park in a preserve overnight.
4. Restriction to roads. No person shall operate any vehicle within a preserve except on
designated roadways and areas otherwise approved for vehicular use.
5. Speed of vehicles. Within any preserve lands no person shall operate a vehicle at a speed that
is greater than posted. At no time shall speed exceed the posted speed limit or 25 miles per
hour if no speed limit is posted.
6. Traffic control. All persons shall observe and comply with posted traffic control devices and
signs.
SECTION FOUR: CONDUCT ON PRESERVE LANDS.
A. Buildings and facilities.
1. All forms of recreation on preserve lands, unless otherwise specifically permitted, shall be
natural resource based, passive recreation and consistent with potential recreation activities
identified in an approved Management Plan.
2. No person shall willfully mark, deface, damage, displace, destroy, remove, or tamper with
any buildings, facilities, bridges, piers, boardwalks, tables, benches, railings, paving or
paving materials, water lines or other utilities, permanent or temporary signs, placards, or
notices, monuments, stakes, posts, gateways, locks, fencing, boundary markers, or other
structures, equipment or County property.
3. No person shall use any preserve land or related facility, including but not limited to
buildings, bridges, boardwalks, piers, tables, benches, or railings in a manner that precludes
regular and customary usage to other patrons, unless such person has obtained the right to
exclusive usage from the County.
4. No person shall fix, tie, chain, or hitch any hammock, line, sports net, bike or banner to any
tree, sign pole, boardwalk rail, bench, fence or similar structure within any preserve land
unless otherwise designated for such use.
B. Climbing on property. No person shall climb on or over any buildings or facilities, fences, gates,
structures, historic ruins, boardwalks, dunes, or bridge railings, unless specifically designed and
designated for such use.
C. Cultural and/or historic resources. No person shall willfully mark, deface damage, displace,
destroy, excavate, remove, or tamper with any cultural or historic artifact with the preserve
boundaries, nor shall any person attempt any such activity, except by special permit granted by
the County.
D. Plant life.
1. All plant life living or dead terrestrial, aquatic, and epiphytic species, within any preserve
lands is either the property of the County or is property managed by the County. No person ^
shall cut, carve, nail into, or otherwise damage the bark, or break off limbs or branches or
4
Packet Page -2609-
9/13/2011 Item 16.E.1.
mutilate in any way, or harvest flowers or seeds of any plant or tree, except by special permit.
No person shall dig in, disturb, or in any other way impair the natural condition of any area;
nor shall any person place debris or materials of any kind on or about any tree or plant, or
climb, or attach any rope, wire, wooden boards, or ladders thereto, except by special permit.
2. No person shall transplant, possess, or remove any plant or plant part from any preserve land,
except by special permit, nor shall any person introduce any plant species by willful act,
negligence, or for any other reason.
3. No person shall tie or hitch any animal, vehicle, or bicycle to any tree or other plant life.
E. Wildlife.
1. No person shall possess, molest, harm, frighten, kill, trap, hunt, chase, capture, shoot, or
throw any object at any wildlife, nest, or burrow within the boundaries of any County
preserve, except in accordance with Section 5.11 of this ordinance. No person shall remove
the eggs, nest, or young of any wildlife within preserve boundaries; nor shall any person
collect, remove, possess, give away, sell or offer to sell, buy or offer to buy, or accept as a
gift any specimen, dead or alive of any wildlife form within preserve boundaries, except by
special permit granted by the County or State or in accordance with a valid fishing permit
issued by the state. However, this prohibition shall not apply to the minimal collection or
removal, such as incidental collection of shells or bait fish.
2. No person shall feed or attempt to pet any wildlife.
3. No person shall introduce any pet, plant or other wildlife into any preserve lands by willful
abandonment or negligence.
SECTION FIVE: ACTIVITIES WITHIN PRESERVE LANDS.
Alcoholic beverages. Possession or consumption of alcoholic beverages within any County
preserve boundary is prohibited. This prohibition may be waived upon application to and
approval by the Collier County Board of County Commissioners.
2. Audio devices. Radios, tape players, electronic musical instruments, and all other audio
devices are permitted so long as they are played at volume levels that do not disturb, annoy,
injure, or endanger the comfort, health, peace, or safety of the wildlife or reasonable persons
of ordinary sensibilities or unnecessarily detract from a peaceful atmosphere and enjoyment
of the preserve. Such noise shall not be heard within any preserve land from a location more
than 50 feet from the source of the noise, unless a special permit has been issued for such
use.
3. Boating. Boating is permitted only in trails, channels, estuaries, or areas specifically
designated for such use. Boaters shall obey all posted restrictions and safe boating rules and
regulations. Boats shall not be operated in such a manner as to molest or harm wildlife or to
cause damage to aquatic life, including sea grass beds, substrate, or County property.
4. Camping.
a. Camping is strictly prohibited at all times unless specifically permitted by the County
as set forth below. When permitted, camping shall be limited to those areas
specifically designated for such use. Campers shall obey all rules and regulations.
Packet Page -2610-
9/13/2011 Item 16.E.1.
b. Campers must obtain a permit and copies of the rules and regulations from the
County prior to camping. Campers must have a valid permit and a valid picture
identification card while camping. It shall be unlawful for any person to camp on any
preserve land for a period of time in excess of (14) days in a thirty (30) day period.
C. All waste shall be placed in disposal containers where provided. Where no disposal
containers are provided, or where the containers provided are full, all waste shall be
carried away by the user of the camping area and properly disposed of outside the
preserve boundaries.
d. Tents shall be stand -alone type and may not be attached to trees or any other
vegetation or structure with any wire, rope, extension brace, support, fastener, or any
other device.
5. Commercial activities within preserve boundaries. No person or organization other than
County licensed vendors or non - profits invited to participate in a County event and selling
items for fundraising purposes shall conduct business within preserve boundaries. All
preserve visitors must enter and exit the preserve at designated entrance and exit points.
Groups exceeding 30 persons require insurance and advance authorization.
6. Fires. No person shall dispose of any burning matches, smoking materials or other
flammable materials except in designated receptacles. No person shall ignite or attempt to
ignite a fire, except for campfires made in approved areas and designated for such use and
with a valid camping permit. Camping permits must be presented upon request by County
staff or law enforcement officers. Campfires or any other open burning, even in approved
areas, may be prohibited when deemed necessary by the County or by restrictions mandated
by state or federal agencies.
7. Fishing. Fishing is prohibited except where permitted in those public areas designated for
such activity. Persons fishing shall obey all state and federal laws pertaining to fishing as
well as any posted rules and regulations. It is the responsibility of those fishing to know
those federal and state guidelines. It shall be unlawful for any person while in preserve
boundaries to intentionally fish for sharks or to fish by those methods commonly known as
"chumming" or "blood - baiting."
8. Hiking. Walking, running, jogging, and/or hiking is permitted only along trails or pathways
or areas specifically designated for such use or uses and during posted hours.
9. Horseback riding. Pursuant to Collier County Ordinance 76 -13, Sections 585.15 -19 and
585.671, Florida Statutes, and Florida State Department of Agriculture and Consumer
Services, Chapter 5C -18, all horses entering Collier County preserves must be accompanied
by the original or a laboratory certified copy or a notarized copy of a VS Form 10 -11 (Apr
90), known as a "Coggins card" as evidence of a negative equine infectious anemia test
within" the previous 12 months. A "Coggins Card" must be presented upon demand by
County staff or law enforcement officer. Horse owners that cannot present such evidence
may be asked to leave preserve property. Horseback riding is permitted only along trails or
in areas specifically designated for such use. horses shall be thoroughly broken, properly
restrained, and ridden with due care. Horses shall not be allowed to graze or go unattended
and must be on a lead at all times. Horses may only be hitched to hitching posts clearly
6
Packet Page -2611-
9/13/2011 Item 16.E.1.
identified for such use. No horse -drawn carriages, carts, or wagons shall be allowed or used
with preserve lands.
10. Hunting. No hunting is permitted in any County managed preserve unless it is in accordance
with a State Wildlife and Environmental Area or County approved Hunt Program. Permit -
based harvesting of wild game on County preserves, where a County approved Hunt Program
is included within an approved Management Plan, is authorized pursuant to the following
terms and conditions:
a. The County Manager, or his or her designee, is hereby delegated the authority to
regulate the issuance of hunting permits.
b. The harvesting of wild game in preserves shall be in accordance with and subject to
all applicable federal and state laws and regulations, including, but not limited to,
Chapter 372, Florida Statutes, and Title 68A, Florida Administrative Code, which are
incorporated herein and made a part hereof, and in addition to any penalties those
provisions may provide, violation of same shall also constitute a violation of this
section.
C. The County reserves the right to, and may from time to time, adopt rules pertaining to
the harvesting of wild game in preserves that are more restrictive than minimum rules
promulgated by the state.
d. Any person who refuses to obey an order to leave a preserve given by law
enforcement or authorized County personnel, whether for lack of a valid hunting
permit or other reason, shall be in violation of this section and may be referred to law
^, enforcement for violation of Section 810.09, Florida Statutes. If the person refusing to
leave is in possession of a dangerous weapon, such referral shall be based upon
Section 810.09(2)(c), Florida Statutes.
11. Interference with County's authorized lessee or his or her property. No visitor to or
contractor working on County preserve lands shall touch or interfere with any livestock or
property belonging to an authorized lessee or interfere with the use of County property by an
authorized lessee.
12. Miscellaneous. No person shall engage in any activity within preserve boundaries that is
dangerous to the health, safety, or welfare of any person or that would cause damage to the
property of other patrons or preserve property. Nor shall any person engage in any activity
with preserve boundaries that interferes with the use and enjoyment of the preserve lands and
its facilities by other patrons. Requests to conduct activities not identified within this
Ordinance may be submitted to the County Manager, or his or her designee, and will be
determined with primary consideration of conservation management goals on a case -by -case
basis and potentially allowed through a permit process. Some activities may require payment
of a rental fee as well.
13. Nudity. It shall be unlawful for any person, over the age of four years, to appear nude in any
preserve land, including but not limited to, appearing nude to sunbathe, subject to the
exemptions listed below:
a. In a restroom or shower facility;
b. In a privately owned, fully- enclosed, temporary dwelling used for camping at camp
sites;
Packet Page -2612-
9/13/2011 Item 16.E.1.
C. When the conduct of being nude cannot constitutionally be prohibited by County
ordinance because it is otherwise protected pursuant to the United States Constitution
or the Florida Constitution under existing judicial decisions;
d. When a mother is breast- feeding her baby, and then only to the extent reasonably
necessary to allow breast - feeding.
14. Pets. No pets will be permitted in preserves unless an approved Management Plan indicates
that pets are allowed within a preserve. Where pets are permitted, such permission will be
posted on preserve signage and pets shall be confined to designated areas of the trails and on
hand -held leashes at all times. Those persons in possession or control of domestic animals
on County preserve lands including authorized County lessees, shall obey all County
ordinances and state statutes and regulations regarding animal control, care, feeding and
cruelty, except as specifically provided in this Ordinance, including, but not limited to,
Collier County Ordinance 2008 -51, as amended, pertaining to animal control and Sections
828.13 — 26, Florida Statutes, pertaining to animal cruelty.
15. Picnicking.
a. Picnicking is permitted only in areas specifically designated for such use. The use of
picnic facilities including tables, benches, and shelters, is on a "first -come, first -
served" basis unless users have reserved and paid for use of picnic area.
b. All refuse, waste, and trash shall be placed in disposal containers where provided.
Where no disposal containers are provided, or where the containers provided are full,
all refuse shall be carried away by the user of the picnic facility and properly disposed
of outside of the preserve boundary.
16. Public use. The County reserves the right to limit public access to any preserve lands or
portion thereof when deemed necessary to accommodate land management operations such
as prescribed fire and restoration projects or when public use is deemed a disturbance to any
preserve land or wildlife.
17. Smoking. Smoking is prohibited on trails. Smoking may be prohibited by the County, in its
sole discretion, when necessary for fire control purposes. No person shall dispose of any
burning matches, smoking materials or other flammable materials except in designated.
receptacles.
18. Swimming. Swimming, bathing, or wading is prohibited except in those public areas
designated for such activity.
19. Fireworks and explosives. No person shall have in his or her possession nor shall any person
discharge any fireworks or explosives within or into preserve boundaries.
20. Trash. No person shall dispose of trash, garbage debris, waste, cigarette butts or other such
materials within preserve boundaries. All items resulting from allowable activities within
preserve lands, such as picnicking and camping, shall be disposed of in containers where
available and clearly marked or shall be removed from the preserve.
Packet Page -2613-
9/13/2011 Item 16.E.1.
21. Vendors. No person or organization other than the County and the County's invited non-
profit participants in a County event selling items for fundraising purposes or regularly
licensed concessionaires acting by and under the authority of the County shall offer for sale,
rent, or trade, any article, or station or place any stand, cart, or vehicle, for the transportation,
sale or display of any article of merchandise within the boundaries of a County preserve.
22. Carrying Capacity. The County reserves the right to limit certain activities within any
preserve land when, in the County's sole discretion, an area has reached its carrying capacity
for such activities.
SECTION SIX: PERMITS REQUIRED FOR ACTIVITIES CONDUCTED WITHIN
PRESERVE BOUNDARIES.
1. Permit required. A preserve lands permit, issued by the County, is required before a person
may engage in certain activities, listed below. Issuance of a preserve lands permit does not
however relieve the applicant of other permits needed. It is the applicant's responsibility to
determine if additional permits are required, to contact the appropriate agencies and to obtain
those permits. The County will not issue a preserve lands permit until all other required
permits have been obtained.
2. Activities requiring a permit. Management Plans govern which activities are allowable in
n each preserve. Activities for which permit applications must be submitted include, but are not
limited to, any of the following:
a. Scientific research including, but not limited to, biological assays, species
identification, or collection, species observation, archaeological survey, hydrological,
geological or chemical studies. This does not include such activities as visual
observation of wildlife or vegetation within public areas.
b. Geo- caching or other types of similar activities utilizing Geographic Information
Systems (GIS).
C. Group nature activities either prior to or after the posted hours of operation, or that
require access to restricted areas not open to the public.
d. Camping.
e. Hunting associated with a County approved Hunt Program.
f. Facility Rentals for Special Events - Any activity not specifically defined within this
Ordinance for which permission is required by the County Manager, or his or her
designee, such as weddings and family reunions.
g. All commercial photography, television broadcasting, and all private photography
involving special settings or structures or the performance of any person.
h. All group activities involving 30 or more people.
3. Standards , for issuance or denial of ' permit. No permit shall be issued unless the County
finds that the proposed activity will not have an adverse impact on the resources within the
preserve. The County will evaluate the applications using the standards contained in this
section. Factors to be considered in determining whether an activity will adversely impact
the resources of preserve lands include:
Packet Page -2614-
9/13/2011 Item 16.E.1.
a. Whether the activity is consistent with the intent of this Ordinance and the preserve's
Management Plan principles and objectives.
b. Whether the activity will have an adverse impact on the resources of preserve lands
by;
i. Causing or contributing to excessive odors or noise;
ii. Encouraging erosion;
iii. Causing damage to plant life;
iv. Negatively impacting wildlife;
v. Altering the natural hydrological characteristics of the subject area;
vi. Inhibiting the natural storage and detention functions of the watershed;
vii. Reducing wetland buffers or wetland filtration functions;
viii. Decreasing recreational opportunities;
ix. Blocking, obstructing, lessening, or otherwise interfering with the scenic or
natural views;
x. Impacting threatened or endangered species of flora and fauna;
xi. Otherwise adversely effecting or interfering with the management of the
natural and cultural resources.
4. Conditions. The permit shall contain such conditions that are reasonably consistent with the
protection and maintenance of preserve lands.
5. Denial. If an application for a permit is denied, the applicant shall be so informed in writing,
with the reason(s) for the denial set forth. n
6. Processing. Permit applications shall be processed and notification of the granting or denial
of permits will be provided to the applicant within 30 days of submission of the application.
Failure to grant or deny an application for a permit in a timely manner shall not be grounds
for the automatic issuance of a permit. The County will cooperate with the applicant to
ensure his or her entitlement to prompt review of the County's failure to grant or deny the
application in a timely manner.
?. Appeal process. An applicant may appeal the denial of a permit application by filing a notice
of appeal and resubmitting all application materials to the County Manager, or his or her
designee. Any such appeal must occur within 30 days of the date of denial or revocation by
the County. The County Manager, or his or her designee, shall review the application and
grant or deny the application within 14 days of receipt of the appeal. No County action on a
permit application under this section is final until the County Manager, or his or her
designee, has granted or denied the appeal.
Incomplete applications. If the County determines that the application is incomplete or that
the applicant has not properly completed the application, the County shall notify the
applicant of such fact and the time period for granting or denying the application under
subsection (f) shall be stayed during the period in which the applicant properly completes the
application.
9. Transferability. Permits are not transferable and may only be utilized by those persons to '~
whom the permit was issued.
10
Packet Page -2615-
9/13/2011 Item 16.E.1.
10. Revocation. Any permit issued pursuant to this section may be revoked for failure to comply
with any condition imposed on the permit or for inconsistency with the criteria set forth in
Paragraph 3.
11. No entitlement to permit. Because of the proprietary nature of the preserve lands, this section
does not create any right or entitlement to the permit.
SECTION SEVEN: HOURS OF OPERATION.
The opening and closing of each preserve land, including sections of a preserve and trails,
shall be as posted by the County. No person shall remain on preserve land after closing unless
otherwise permitted by these regulations or appropriate permit.
SECTION EIGHT: ENFORCEMENT AND PENALTIES.
1. Any person violating the provisions of this Ordinance or failing 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.
2. In addition, and as an alternative means of enforcement, the County may enforce the
provisions or requirements of this Ordinance by means of any civil remedy before the
appropriate Code Enforcement Special Master or in a court of competent jurisdiction.
3. Except as otherwise provided by law or ordinance, a person convicted of a violation of this
Ordinance shall be punished by a fine not to exceed $500.00. With respect to violations of
this Code that are continuous with respect to time, each day the violation continues is a
separate offense.
4. All provisions of this Ordinance may be enforced by all authorized law enforcement officers,
and all authorized County personnel.
SECTION NINE: COLLECTION OF FEES.
The Board of County Commissioners does hereby find that the collection of fees associated
with the public's use of these preserve lands is required to offset the associated administrative and
maintenance costs, and such Fee Schedule shall be established by Resolution of the Board of County
Commissioners.
SECTION TEN: TERRITORY EMBRACED.
11
Packet Page -2616-
9/13/2011 Item 16.E.1.
All territory designated by the Board of County Commissioners as a preserve land, including
buildings, and facilities thereon, whether located in unincorporated or incorporated areas of the
County, shall be embraced by the provisions of this Ordinance.
SECTION ELEVEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or 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 TWELVE: EFFECTIVE DATE.
This Ordinance shall take effect upon receipt of notice from Florida Secretary of State that
this Ordinance has been filed with the Florida Secretary of State.
PASSED AND DULY ADOPTED by majority vote of the Board of County Commissioners
of Collier County, Florida, this
ATTEST:
DWIGHT E. BROCK, CLERK
, Deputy Clerk
Approved as to form and
legal sufficiency:
!L-7. - l A-
Steven T. Williams
Assistant County Attorney
day of , 2011.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED W. COYLE, CHAIRMAN
12
Packet Page -2617-