Backup Documents 10/11/2011 Item # 8ECOLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
To: Clerk to the Board: Please place the following as a:
XXX Normal legal Advertisement
(Display Adv., location, etc.)
❑ Other:
•
•
.01
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Originating Dept/ Div: Facilities Mgmt./ Admin. Services Person: Melissa Hennig Date: 9/14/2011
Petition No. (If none, give brief description): None
Petitioner: (Name & Address): N/A
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date: (Based on advertisement appearing 10 + days before hearing.) October 11, 2011 (NOTICE TO RUN NO
LATER THAN Friday, September 23, 2011)
Newspaper(s) to be used: (Complete only if important):
XXX Naples Daily News
❑ Other
Proposed Text: (Include legal description & common location & Size:
XXX Legally Required
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.
Companion petition(s), if any & proposed hearing date: N/A
Does Petition Fee include advertising cost? ❑ Yes XXX No If Yes, what account should be charged for advertising costs:
P.O. # 4500125611
Rev'j
V,
Divis n A ministrator or Designee Dat
List Attachments: Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
❑ County Manager agenda file: to ❑ Requesting Division
Clerk's Office
❑ Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
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FOR CLERK'S OFFICE USE ONLY:
Date Received: _ _ Date of Public hearing: _ Date Advertised:
T�
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.
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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.
5. 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.
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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, Segway®,
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;
f. 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
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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 andlor 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 lire.
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
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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.
1. 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.
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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
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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;
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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.
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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.
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
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:
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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.
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.
8. 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.
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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 $500.00. With respect to violations of
this Code that are continuous with respect to time, each day the violation continues is a
separate offense.
4. All provisions of this Ordinance may be enforced by all authorized law enforcement officers,
and all authorized County personnel.
SECTION NINE: COLLECTION OF FEES.
The Board of County Commissioners does hereby find that the collection of fees associated
with the public's use of these preserve lands is required to offset the associated administrative and
maintenance costs, and such Fee Schedule shall be established by Resolution of the Board of County
Commissioners.
SECTION TEN: TERRITORY EMBRACED.
IF
All territory designated by the Board of County Commissioners as a preserve land, including
buildings, and facilities thereon, whether located in unincorporated or incorporated areas of the
County, shall be embraced by the provisions of this Ordinance.
SECTION ELEVEN: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other ordinance of Collier County or applicable
law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or
unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not affect the validity of the remaining
portion.
SECTION TWELVE: EFFECTIVE DATE.
This Ordinance shall take effect upon receipt of notice from Florida Secretary of State that
this Ordinance has been filed with the Florida Secretary of State.
PASSED AND DULY ADOPTED by majority vote of the Board of County Commissioners
of Collier County, Florida, this day of , 2011.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
, Deputy Clerk
Approved as to form and
legal sufficiency:
1�=Z- \
Steven T. Williams
Assistant County Attorney
12
0
FRED W. COYLE, CHAIRMAN
11, , _$ I
'8E
Acct #062400
September 15, 2011
Attn: Legals
Naples News Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: An Ordinance Regulating Public Use of Preserve Lands designated by
the Collier County Parks & Recreation Department
Dear Legals:
Please advertise the above referenced notice on Wednesday, September 21, 2011,
and kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P909 #4500125611
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that on Tuesday, October 11,
Boardroom, 3rd Floor, Administration Building, Coll
Government Center, 3299 East Tamiami Trail, Naples,
of County Commissioners will consider the enactment
Ordinance. The meeting will commence at 9:00 A.M.
proposed Ordinance is as follows:
8E W
2011, in the
ier County
Florida, the Board
of a County
The title of the
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.
A copy of the proposed Ordinance is on file with the Clerk to the
Board and are 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 to 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
speak on 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 be 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.
.
8E .
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, Naples, FL 34112 -5356, (239) 252 -8380,
at least two days prior to the meeting. Assisted listening devices for
the hearing impaired are available in the Board of County
Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
8E
Martha S. Vergara
From: Martha S. Vergara
Sent: Thursday, September 15, 201111:24 AM
To: Naples Daily News Legals
Subject: Ord. Regulating Public Use of Preserve Lands
Attachments: ORD Regulating Public use of Perserve Lands (10- 11- 11).doc; ORD. Regulating Public
Use of Preserve Lands (10- 11- 11).doc
Legals,
Please advertise the following attached ad on Wednesday. September 21, 2011.
Please send an ok when you receive.
Thanks
Martha Verg ara, Deputy Clerk
Minutes and Records Dept.
Clerk of the Circuit Court
& Value Adjustment Board
Office: (239) 252 -7240
Fax: (239) 252 -8408
E -mail: martha.vergara kcolherclerk.com
C �d�ul�+��'bGC� Se W
�resa� L"'J's �s'f�l ;K'c.
DRDINANCE PETITIONS ORDINANCE,PETITIC
Notice is hereby given that on Tuesday, October 11, 2011, in the Boardroom, 3rd
Floor, Administration Building, Collier County Government Center, 3299 East Ta-
miami 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 COUN-
TY, 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 CON-
TROL; PROVIDING CONDUCT ON PRESERVE LANDS; PROVIDING ACTIVITIES WITHIN
PRESERVE LANDS; PROVIDING PERMITS REQUIRED FOR ACTIVITIES WITHIN PRE-
SERVE BOUNDARIES; PROVIDING HOURS OF OPERATION, PROVIDING ENFORCE-
MENT AND PENALTIES; ADDING A SCHEDULE B FEE SCHEDULE FOR PRESERVE
LANDS; PROVIDING TERRITORY EMBRACED; PROVIDING CONFLICT AND SEVERA-
BILITY; AND PROVIDING 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 to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item. The selection of an in-
dividual to speak on behalf of an organization or group is encouraged. If recog-
nized by the Chairman, a spokesperson for a group or organization may be allotted
10 minutes to speak on 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 be 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 v> ensure that a ver-
batim 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 par-
ticipate in this proceeding, you are entitled, at no cost to you to the provision of
certain assistance Please contact the Collier County Facilities Management Depart-
ment, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112 - 5356, (239)
252 -8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
FRED COYLE, CHAIRMAN
DWIGHT E. BROCK, CLERK
By. Martha Verga(a, Deputy Clerk
(SEAL)
-spritomber It 2011 No 1915592
NAPLES DAILY NEWS
Published Daily
Naples, FL 34110
Affidavit of Publication
State of Florida
Counties of Collier and Lee
Before the undersigned they serve as the authority, personally
appeared Kim Pokarney, who on oath says that she serves as
the Accounting Manager of the Naples Daily News, a daily
newspaper published at Naples, in Collier County, Florida;
distributed in Collier and Lee counties of Florida; that the
attached copy of the advertising, being a
PUBLIC NOTICE
in the matter of PUBLIC NOTICE
was published in said newspaper 1 time in the issue
on September 21, 2011
Affiant further says that the said Naples Daily News is a newspaper
published at Naples, in said Collier County, Florida, and that the said
newspaper has heretofore been continuously published in said Collier
County, Florida; distributed in Collier and Lee counties of Florida,
each day and has been entered as second class mail matter at the post
office in Naples, in said Collier County, Florida, for a period of 1
year next preceding the first publication of the attached copy of
advertisement and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate,
commission or refund for the purpose of securing this advertisement for
publication in the sa ewspaper.
( Signature of affiant)
Sworn to and subscribed before me
This 22nd day of September, 2011
(Signature of notary public)
KAROL E KANGAS
Notary Public - State of Florida
y Comm. Expires Jul 29, 2013
p
Commission # DO 912237
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice Is Ivan on � y�;uMy (Govemm�ent Center.'3299 East Ts
Floor. Adm �� County Commissioners will consider tins
Miami Trail, Naples, Florida Ina meeting will commence. at 9:00 A.M. The
enactnrerrt of a Co�mty OOrrdd
�.'I 2. ...�wd Ordinance is as foI,.:.
copy of the pr Ordinance K on RIt with the Clerk to the aoam, ana
A es are invited to attend and be heard
available for trepec?ion AO h�� P
NOTE .All persons widiiry to speak on any agenda ifterri. roust register with the
Co administrator odor to presentation of the agenda item be n of assen-
t selection of an in-
Individual speakers wil be limited to 3 minutes on any item& encouraged.
on behalf. of on organization or group be alto
P dlvidual to speak for a group or organizatbn may
t0mli uc to tPaaan item
agenda
Persons wishing to uhaw� writ grhimuh 3 included
owRks prior to the �resve
person vie r�,.�• -
s to appeal a decision o(, the 89ard will-need a record ief
( thereRO
and therefore,.may need to ensure that a vpr-
made. which record Includes tiie testimony and
evidence upon W010 rme WP— w
if you person who naeda accommodation in ordir'to W-
if youein this pnceedin4 you ate titled at no cost to you to the prom o of
certain assistance. Ftease corRact the Collier Cou 11 Facditras FWLta 72�a35&
ment located at 3335 Tamlamt Tmt East iie 16 N8 aa1i n ,° � #ie
252 8380, at kart two days_ i>dot �y�� "�ffit'
hearing impaired ara avail a in the Board of CoraitYCommissroners
SOARD,OF000NTy COMMMONERS
{ COLLIER COUNTY, FLORIDA
FRED COYLE. CHAIRMAN .
DWIGHT E. BROCK, CLERK
(SXrtha veroara. Deputytler k
ORIGINAL DOCUMENTS CLCKLIST & ROUTING SLIP
8E
H
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
(Print on pink paper.Attach to original document.Original documents should be hand delivered to the Board Office.The
completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on
the item.)
ROUTING SLIP
Complete routing lines#1 through#4 as appropriate for additional signatures,dates,and/or information needed.If the document is
already complete with the exception of the Chairman's signature,draw a line through routing lines#1 through#4,complete the
checklist,and forward to Sue Filson(line#5).
Route to Addressee(s) Office Initials Date
(List in routing order)
1.
2.
3.
4. Steve Williams,Assistant County County Attorney
Attorney °�zc/l
5. Ian Mitchell,Executive Manager Board of County Commissioners
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending BCC approval.Normally the primary contact is the person who created/prepared the executive
summary.Primary contact information is needed in the event one of the addressees above,including Sue Filson,need to contact staff for additional or missing
information.All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only after the BCC has acted to approve the
item.)
Name of Primary Staff Melissa Hennig Phone Number 252-2957
Contact
Agenda Date Item was October 11,2011 Agenda Item Number 8E
Approved by the BCC
Type of Document Ordinance Number of Original 1
Attached S.0 a.— 3g Documents Attached
INSTRUCTIONS& CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Original document has been signed/initialed for legal sufficiency.(All documents to be
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.This includes signature pages from ordinances,
resolutions,etc.signed by the County Attorney's Office and signature pages from
contracts,agreements,etc.that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2. All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other parties except the BCC Chairman and the Clerk to the Board
3. The Chairman's signature line date has been entered as the date of BCC approval of the /
document or the final negotiated contract date whichever is applicable.
4. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's
signature and initials are required. /7f
5. In most cases(some contracts are an exception),the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified.Be aware of your deadlines!
I:Forms/County Forms/BCC Forms/Original Documents Routing Slip
WWS Original 9.03.04
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ORDINANCE NO. 2011- 3 8
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.
r% omm
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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.
5. 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.
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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, SegwayO,
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
W c ' `-I
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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
n I--
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 5.10 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.
1. 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.
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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 "Coggin card" as evidence of a negative equine infectious anemia test
within the previous 12 months. A "Coggin 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
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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;
7
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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.
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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.
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
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.
£ 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:
O C '
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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.
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.
7. 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.
8. 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
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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
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 ADOPT
D by majority vote of the Board of County Commissioners
of Collier County, Florida, this �_ day of I/f 2 011.
ATTEST:
DWIGHT E.,BROCiLERK
B
R >
epnty Clerk
Approved as to #i and
legal sufficiency:
Steven T. Williams
Assistant County Attorney
12
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
FRED W. COYLE, CHAfRMAN
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 2011 -38
Which was adopted by the Board of County Commissioners
on the 11th day of October, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 21st
day of October, 2011.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex- officio to Board .o£,.
County Commissions' ^: "..
r
Teresa Poki,
Deputy Clerks;';. ,.
J. ��`�
L? L'
October 11, 2011
BCC Agenda Item 8. E.
Dear Collier County Commissioners,
The proposed new ordinance for Preserves has a provision for County issued
permits to allow other uses which has the potential to allow permits to be issued
for conflicting and incompatible uses within Preserve areas.
A letter from the Chairman of Conservation Collier yesterday expressed similar
concerns, but focused on the potential for ATV use in Preserve areas.
Proposals to create or amend a Preserves Ordinance should be done to strengthen
Preservation area protections and not potentially allow a use that directly conflicts
with the purpose/ objectives of Preserves. ATV use is just one example of the
proposed ordinance potentially creating a gateway for conflicting and incompatible
recreational uses within County Preserve areas.
The proposed amendment seems to need some tweaking and would likely be
improved by vetting it a little more thoroughly such as with the EAC and
Environmental Services.
On the issue of ATV areas, perhaps a reasonable response by local government for
a publicly funded ATV area would be to have the ATV issue evaluated by Parks and
Recreation staff to determine if ATV use is compatible in a Sports Recreation Park
and. if so, prompt analysis and recommendations for a Sports Park ATV area.
Sierra Calusa does not support ATV use in County Preserves. We strongly
encourage local government to protect publicly purchased land for PASSIVE
recreation that does not degrade our environment.
Operation of ATVs leaves a large destructive footprint behind as this activity
uproots, crushes, buries and otherwise destroys native vegetation. ATV use creates
muddy ruts and gullies across landscapes. This is contrary to the concept of
preservation.
In conclusion:
Sierra Calusa Group recommends to not approve a proposal to create a new
Preserve Ordinance at this time, nor to amend existing code, ordinance, policy,
program, etc. to allow ATV use in Preserves. We recommend that
the issue of a new Preserve Ordinance first be more fully vetted through the
Environmental Advisory Committee so as to better address real and potential
conflicts with existing Code/ Regulations for Preserve areas. We further recommend
that the Parks and Recreation Department evaluate if ATV use is compatible with
Sports Park Recreation areas and if so, then P and R staff recommend how to
accommodate ATV use at County Sports Park areas.
Cordially Yours,
Sierra Calusa Group Board of Directors
Agenda Item* Meeting Date:
Presented by: !�/ / C.
Item tst blerra uaiusa comments amps ry uonservatlon comer concems rage i OT 1
8 E
item 8E Sierra Calusa comments amplify Conservation Collier concerns
Marcia Cravens [goidandrose @mac.com]
Sent: Tuesday, October 11, 2011 10:52 AM
To: HillerGeorgia; FialaDonna; Colettalim; HenningTom; CoyleFred
Attachments: 101111_BCC _ item8E- sierraca -i.doc (22 KB) ; ATTOOOOi.txt (164 B)
Dear Commissioners,
A letter from the chairman of Conservation Collier to the BCC
yesterday addressed his concern that ATV use will be allowed on
Preserve lands.
We accentuate and amplify concerns within Conservation Chairman
Poteet's letter to the Commission that the proposed ordinance doesn't
incorporate adequate protections for Preserve areas.
Attached to this email please find Sierra Calusa Group comments with
similar concerns on potential conflicts of allowed uses by permit
within Preserve areas.
An overarching concern is that a new ordinance such as this has a
real potential for conflict with the existing Code /Regulations of
Preserve Standards.
The existing Preserve Standards has clear language that only allows
Passive recreation in Preserves, while this newly proposed Ordinance
apparently opens the door to allow permits to be issued for other
activities /public uses in County Preserves.
At the very least, shouldn't this proposal for a new ordinance be
vetted through public discussion at an Environmental Advisory
Committee meeting so as to allow the expertise and institutional
knowledge of the EAC to weigh in on this and also allow thorough
vetting of the proposed ordinance by NGOs and the general public
thereby providing opportunities for their recommendations ?
https:Hmaii.colliergov. nettowa/ ?ae= Item &t =IPM. Note &id= RgAAAACBw7hYJwxl... 10/11/2011
I
October 11, 2011
Dear Collier County Commissioners,
Aft .i
8E 'Jvm"
Proposals to create or amend a Preserves Ordinance should be done to strengthen Preservation
area protections and not potentially allow a use that directly conflicts with the purpose/objectives
of Preserves. ATV use is just one example of the proposed ordinance potentially creating a
gateway for conflicting and incompatible recreational uses within County Preserve areas.
Perhaps a reasonable response by local government for a publicly funded ATV area would be to
have the ATV issue evaluated by Parks and Recreation staff to determine if ATV use is
compatible in a Sports Recreation Park and. if so, prompt analysis and recommendations for a
Sports Park ATV area.
Sierra Calusa does not support ATV use in County Preserves. We strongly encourage local
government to protect publicly purchased land for PASSIVE recreation that does not degrade
our environment.
Operation of ATVs leaves a large destructive footprint behind as this activity uproots, crushes,
buries and otherwise destroys native vegetation. ATV use creates muddy ruts and gullies across
landscapes. This is contrary to the concept of preservation. The proposal to allow ATV use in
Preserve areas would constitute proposal of a conflicting use within Preserve areas.
In conclusion: Sierra Calusa Group recommends to not approve a proposal to create a new
Preserve Ordinance at this time, nor to amend existing code, ordinance, policy, program, etc. to
allow ATV use in Preserves.
However, we do recommend for this issue of a new Preserve Ordinance to be more fully vetted
through the Environmental Advisory Committee so as to address real and potential conflicts with
existing Code/Regulations for Preserve areas. We further recommend that the Parks and
Recreation Department evaluate if ATV use is compatible with Sports Park Recreation areas and
if so, then P and R staff recommend how to accommodate ATV use at County Sports Park areas.
Cordially Yours,
Sierra Calusa Group Board of Directors
Agenda •t ?rr #. �_-_ Meeting Date . t1D l rr
Presented tiv: ' 4 4 acta c V � -
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, Segway ®,
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;
C. Watercraft of any type, including pontoon boats, hovercrafts, jet skis, wave runners,
sea sleds, dolphin boats or other such product name;
f. 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
{ Conservation Collier Land Acquistion Advisory Committee Chairman's ATV letter Page 1 of 2V E
.19 e UtC_ G Cam- ti2.
Conservation Collier Land Acquistion Advisory Committee Chairman's ATV
letter o F (_&,P 4-c 0/5
Melissa
Henni
9 AD v �s vn-`� e 0�y TTkEr
Sent: Monday, October 10, 20113:35 PM
To: Colettalim; CoyleFred; FialaDonna; HenningTom; HillerGeorgia; jcurl @jcdesignllc.com; Annisa Karim
[annisakarim @gmail.com]; Clarence Tears [ctearsjr @sfwmd.gov]; Jeremy Sterk [ Jeremy @davidsonengineering.com]
; Lauren Barber [lauren @turrell - associates.com]; Tony Pires [apires @wpl- legal.com]
Cc: Bill Poteet [poteetproperties @gmail.com]; PriceLen; CampSkip
Attachments: Conservation Collier - Com —l.pdf (624 KB)
Hello Commissioners and CCLAAC members. I am forwarding the attached letter to you on
behalf of Bill Poteet, CCLAAC Chairman.
Thank you,
Melissa
Melissa Hennig
Principal Environmental Specialist
Collier County Conservation Collier Program
3335 Tamiami Trail East, Suite 101
Naples, FL 34112
Office: 239 - 252 -2957
Cell: 239 - 289 -2934
Fax: 239 - 252 -6720
W lli a.vw U. Poteet, Jr.
William H. Poteet, Jr., GRI, CAM
REALTOR®
POTEET
PROPERTIES, INC.
Local Knowledge - Global Service
1100 5th Avenue South, Ste 201
Naples, FL 34102
239 - 403 -3840 239 - 403 -3841 fax
Poteetproperties @gmail.com
www.Poteetproperties.com
2011 NAR Federal Political Coordinator -25th District of Florida
2010 - 2011 President Elect - Naples Area Board of REALTORS®
2008 - 2011 Director - Florida Realtors
"The information in this electronic mail message is the sender's business confidential and may be legally privileged. It is intended solely for the addressee
(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying,
distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful."
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in any way from this message or its attachments."
https:Hmail.colIiergov. net/owa / ?ae= Item &t =1 PM. Note &id= RgAAAAC Bw7hYJwxl... 10/10/2011
K t.
8E
William H. Poteet, Jr.
6180 Star Grass Lane
Naples, FL 34116
Monday, October 10, 2011
RE: No ATV's on Conservation Collier Lands
Dear Commissioners:
Recent conversations and news articles among members of the public and county employees about the
use of all terrain vehicles (ATV's) on Conservation Collier lands has created major concern with the
Conservation Committee. I have been instructed by the Conservation Collier Land Acquisition
Committee to inform the Collier County Commission of our strong opposition to the use of Conservation
Collier lands for ATV or other similar vehicular use. The Ordinance , Policy, and Rules Subcommittee of
Conservation Collier explored and vetted this issue many months ago. Our conclusion was ATV's are an
inappropriate use for Conservation Collier properties. I will outline the issues created by such an action,
an action that in all likelihood would destroy the native habitats which the Citizens of Collier County
elected to fund for the preservation of these lands. Simply, an All- Terrain - Vehicle (ATV) park is an
inappropriate use within Pepper Ranch Preserve or within any Conservation Collier Program Preserve.
The enabling ordinance of the Conservation Collier Program states that "Conservation Collier is
therefore hereby established to acquire, preserve, restore, and maintain vital and significant
threatened natural lands, forest, upland and wetland communities located in Collier County, for the
benefit of present and future generations." The Conservation Collier Land Acquisition Advisory
Committee (CCLAAC) deems the use of ATVs within any Conservation Collier Program Preserves as
contrary to this basic objective of the Program. The enabling ordinance further states that it is the
purpose and intent of Conservation Collier "to manage acquired environmentally sensitive lands
with the primary objectives of maintaining and preserving their natural resource values, and
providing appropriate natural resource -based recreational and educational opportunities, by
employing management techniques that are most appropriate for each native community so that
our natural heritage may be preserved and appreciated by and for present and future generations"
and "to have the acquired sites available, with minimal risk to the environmental integrity of the
site, to educate Collier County's school -age population and the general public about the uniqueness
and importance of Collier County's subtropical ecosystems and natural communities." It is the
opinion of the CCLAAC that ATV use is not an "appropriate natural resource -based recreational
opportunity" and would not result in "minimal risk to the environmental integrity of the site."
8E
Section 6.2 of the Preserve Use Ordinance under consideration for adoption by the Collier County
Board of County Commissioners (Board) today (Agenda Item 170) states that "Management Plans
govern which activities are allowable in each preserve." On page 55 of the Pepper Ranch Preserve
Final Management Plan (approved by the Board on June 28, 2011 — Agenda Item 16E6) off road
vehicle use within the preserve is identified as an inconsistent use.
Additionally, the future use of Pepper Ranch Preserve as a wetland mitigation bank and panther
habitat conservation bank would be put in jeopardy if an ATV park were proposed within or
adjacent to the property. The ability to garner mitigation credits from Pepper Ranch Preserve was a
driving force behind its acquisition in February 2009.
Last but not least, the cost to supervise and police conservation lands from inappropriate use of
ATV's would be very costly, especially if you had to police an area the size of Pepper Ranch. It
only takes an ATV rider seconds to destroy what nature took years to accomplish. ATV's just by
their very nature are destructive to the natural resources of a property. There use on
Conservation Collier properties would create a management nightmare. The end result despite our
most valiant efforts to keep riders complying with preserve rules, would be the destruction of
native habitat.
Our committee believes there is an appropriate venue for ATV's in Collier County, but it is not on
Conservation Collier properties. There is too much of a disconnect between the passive uses with
in Collier Conservation lands and the intensive use of ATV's. There are other properties far more
appropriate for ATV use. Some of these properties are currently for sale at some very good prices
and would satisfy the needs for an ATV facility. The bottom line is "Should the Collier County
Commission decide to move forward to develop a facility for ATV's, our recommendation is that it
should be associated with a Park, not a Preserve." We ask you give staff direction to take any
consideration of using Conservation Collier lands for ATV purposes off the table for now and
forever.
Sincer ly,
William H. Poteet, Jr.
Chairman — Conservation Collier
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