Agenda 05/25/2010 Item #16D 8
Agenda Item No. 1608
May 25,2010
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EXECUTIVE SUMMARY
Recommendation to approve and authorize staff to advertise the attached proposed
ordinance entitled "Collier County Public Parks and Beach Access Parking
Ordinance" to be presented at a later Board meeting following advertisement for
fmal approval.
Obiective: To provide regulations relating to public parks and beach access parking
areas.
Considerations: Collier County currently provides parking lots and garages for public
parks and beach access intended to benefit those members of the public seeking
recreation. These areas are now being used for commercial overflow parking and private
uses which is contrary to the intended public use.
The proposed ordinance provides regulations relating to the public parks and beach
access parking facilities to preserve their intended benefit which is to provide adequate
public park and beach access parking for Collier County citizens and visitors.
On April 21, 2010 the Parks and Recreation Advisory Board approved the parking
ordinance.
Fiscal Impact: There is no Fiscal Impact associated with this resolution.
Growth Mana!!ement Impact: There is no Growth Management Impact associated with
this action.
Le!!al Consideration: This item has been reviewed and approved by the County
Attorney's Office and is legally sufficient for Board action.- CMG
Recommendation: Recommendation to approve and authorize staff to advertise the
attached proposed ordinance entitled "Collier County Public Parks and Beach Access
Parking Ordinance" to be presented at a later Board meeting following advertisement for
final approval.
Prepared bv: Murdo Smith, Region] Manager, Parks and Recreation
Item Number:
Item Summary:
Meeling Date:
Agenda Item No. 1608
May 25.2010
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COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
1608
Recommendation to approve and authorize staff to advertise the attached proposed
ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance to be
presented at a later Board meeting following advertisement for final approval.
5/25/2010 9:00:00 AM
Date
Approved By
Barry Williams
Public Services Division
Director ~ Parks & Recreation
Parks & Recreation
3/30/201012:57 PM
Date
Approved By
Colleen Greene
County Attorney
Assistant County Attorney
County Attorney
4/26/2010 2:40 PM
Date
Approved By
Kathy Carpenter
PubliC Services
Executive Secretary
Public Services Admin.
4/28/20109:39 AM
Date
Approved By
Marla Ramsey
Public Services Division
Administrator ~ Public Services
Public Services Division
5/12/20108:52 AM
Date
Approved By
OMB Coordinator
County Manager's Office
Office of Management & Budget
5/12/201010:39 AM
Date
Approved By
Sherry Pryor
Office of Management &
Budget
Managementl Budget Analyst Senior
Office of Management & Budget
5/13/201011:23 AM
Approved By
Date
Leo E. Ochs, Jr,
County Managers Office
County Manager
County Managers Office
5/15/20104:32 PM
Agenda Item No. 1608
May 25, 2010
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ORDINANCE NO. 2010 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS
RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS
BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF
PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY;
PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH
ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY
COUNTY RESOLUTION; 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, Collier County currently provides parking lots and garages for public parks
and beach access intended to benefit those members of the public seeking recreation; and
WHEREAS, contrary to the intended public benefit of these public park and beach access
parking facilities, certain public parking garages and lots are being used for commercial overflow
parking and private uses; and
WHEREAS, the Board of County Commissioners desires to adopt regulations relating to
public parks and beach access parking facilities in order to preserve their intended benefit, which is
to provide adequate public park and beach access parking for Collier County citizens and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Title.
This Ordinance shall be known and may be cited as the '"Collier County Public Parks and
Beach Access Parking Ordinance."
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Agenda Item No. 1608
May 25. 2010
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SECTION TWO: Purpose and Intent.
The purpose of this Ordinance is to provide, maintain and ensure the availability of parking
for those members of the public who seek access to Collier County public parks and beaches.
SECTION THREE: Applicability.
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier
County, Florida.
SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing
a public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area
designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a
public park or beach during the hours from dawn to dusk.
SECTION FIVE:
Designation of Public Parks and Beach Access Parking by Resolution.
A The County Manager, or his designee, shall investigate and make recommendations to the
Board of County Commissioners concerning which areas to designate as Public Park
Parking or Public Beach Access Parking. Recommendations shall be in accordance with
the terms of this Ordinance in an effort to protect the public's ability to access the public
parks and beaches of Collier 'County as well as to aid in the implementation of the
conditions set forth in this Ordinance.
B. Upon the advice of the County Manager or his designee, the Board of County
Commissioners may, by Resolution, designate certain areas owned or leased by the County
as Public Park Parking or Public Beach Access Parking.
C. Upon the Board of County Commissioners enacting a Resolution designating certain areas
owned or leased by the County as Public Park Parking or Public Beach Access Parking,
such parking facilities, parking lots or portions thereof so designated shall be posted
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Agenda Item No. 1608
May 25, 2010
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specifying the restrictions or prohibitions, as enacted by the Board of County
Commissioners.
D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence
of intent to go to the beach.
SECTION SIX:
Penalty for Violations.
Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this
Ordinance shall be deemed to be charged with a noncriminal violation. The civil penalty shall be
assessed consistent with Collier County Ordinance No. 80-47, as amended, and section 318.14,
Fla. Stat. The distribution of fines and provisions for late payment penalties shall be in accordance
with Ordinance No. 80-47, as amended.
SECTION SEVEN: 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. 1f 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 EIGHT: Inclusion in the Code of Laws and Ordinances.
The provisions ofthis Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, FlOlida. 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 NINE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
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Agenda Item No. 1608
May 25,2010
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
,2010.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
FRED W. COYLE, CHAIRMAN
Approved as to form
and legal sufficiency:
Jeffrey A. Klatzkow
County Attorney
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