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Ordinance 2019-41 ORDINANCE NO.2019 Al AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROHIBITING CAST NET FISHING AT ANN OLESKY PARK ON LAKE TRAFFORD; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,pursuant to Chapter 125, Florida Statutes,the Board of County Commissioners may adopt ordinances and resolutions necessary to preserve the health, safety and welfare of the residents of Collier County, except where prohibited by law;and WHEREAS,cast net fishing at Ann Olesky Park on Lake Trafford has resulted in caught bait fish being left to rot on the banks of Lake Trafford,which has attracted alligators;and WHEREAS,to protect the health and safety of the residents around and using Ann Olesky Park, the Board wishes to end this attractant by banning cast net fishing at Ann Olesky Park. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that: Section One: Authority. This Ordinance is adopted pursuant to the provisions of Chapter 125, Florida Statutes, and other applicable provisions of law. Section Two: Prohibition of Cast Net Fishing Cast Net Fishing is hereby prohibited in Ann Olesky Park. Section Three: Posting of Signs; Penalty for Violations. (1) The County Manager is hereby directed to post appropriate signs at Ann Olesky Park. (2) Any violations of this Ordinance may be prosecuted and shall be punishable as provided by the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended), and shall be subject to a fine or civil citation up to$500 per violation. Section Four: Conflict and Severability. In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law,the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of 1 this Ordinance invalid or unconstitutional,such portion shall be deemed a separate,distinct and independent provision and such holding shall not affect the validity of the remaining portion. Section Five: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County,Florida. The sections of the Ordinance may be renumbered or re-lettered to accomplish such,and the word"ordinance"may be changed to"section,""article,"or any other appropriate word. Section Six: Effective Date. This Ordinance shall become effective immediately. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida,this 1 Z_41 day of\N\::5i--' ,2019. • TTEST:•••, flA BOARD OF COUNTY COMMISSIONERS A rCILY81419. :•.14NIZEL, Clerk COLLIER CO.$'" , _a ' DA r_, t: (...2). 7: t- : . , -'1:. ` ,j.‘ St• . / V-. Me-_ 04i. aF • .. , eputy Clerk W tam L. McDaniel,Jr.,Chai an 14a1pttett as to Chairman's ,F_ • .' ti nature only. Approved,i as t km d 1 e alt 1 y� Jeffrey A. 9 latzk ',, ,County Attorney 11 f This brdinance filed with the Se zVory of State's ffico ttle`� ay of_. .3P, orwl Icknowled,3erne`i g ',that fai^f raceived this S ±day ... ' t 2 a. Cis*+y Cis `,` ,,,. x>iii - t.- fes :1ilOtt 5qt. i. .L .1111 U1 tµ- FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M.LEE Governor Secretary of State November 18, 2019 Ms. Teresa L. Cannon, BMR Senior Clerk 1I Office of the Clerk of the Circuit Court & Comptroller of Collier County 3299 Tamiami Trail, Suite#401 Naples, Florida 34112-5324 Dear Ms. Cannon: Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your electronic copy of Collier County Ordinance No. 2019-41, which was filed in this office on November 18, 2019. Sincerely, Ernest L. Reddick Program Administrator ELR/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270 www.dos.state.fl.us