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Chapter 1 - General Provisions CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published in 1994 by Order of the Board of County Commissioners M unicode Municipal Code Corporation P.O.Box 2235 Tallahassee,FL 32316 info@municode.com 800.262.2633 www.municode.com Supp. No. 96 CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY, FLORIDA Published in 1994 by Order of the Board of County Commissioners municode Municipal Code Corporation i P.O.Box 2235 Tallahassee,FL 32316 info@municode.com 800.262.2633 www.municode.com Supp. No. 65 OFFICIALS of COLLIER COUNTY, FLORIDA AT THE TIME OF THIS CODIFICATION Timothy J. Constantine Bettye J. Matthews Burt L. Saunders John C. Norris Michael J. Volpe Board of County Commissioners W. Neil Dorrill County Administrator Kenneth B. Cuyler County Attorney Dwight E.Brock County Clerk iii PREFACE This Code constitutes a complete codification of the general and permanent ordinances of Collier County, Florida. In addition, part II of this Code is a compilation of special acts pertaining to the county. Source materials used in the preparation of the Code were the ordinances adopted by the board of county commissioners. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the disposition tables ap- pearing in the back of this Code,the reader can locate any ordinance included herein as well as the subject matter of ordinances not included herein. The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code. Chapter and Section Numbering System The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For ex- ample, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter em- bracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be as- signed to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabet- ical arrangement of chapters is maintained when including new chapters. Page Numbering System The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion.In the case of a chapter of the Code,the number to the left of the colon indicates the number of the chapter.In the case of an appendix v to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes: CODE CD1:1 SPECIAL ACTS SA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CODE INDEX CDi:1 Index The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language gener- ally used by local government officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which the user is interested. Looseleaf Supplements A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Keeping this publication up-to-date at all times will depend largely upon the holder of the publication.As revised pages are received,it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes. Acknowledgments This publication was under the direct supervision of Roger D. Merriam, Supervising Editor, and Ronald McLaughlin, Editor, of the Municipal Code Corporation,Tallahassee,Florida. Credit is gratefully given to the other mem- bers of the publisher's staff for their sincere interest and able assistance throughout the project. The publisher is most grateful to Mr. David C. Weigel, Chief Assistant County Attorney, and Ms. Ernestine Cousineau, Certified Legal Assistant, for their cooperation and assistance during the progress of the work on this pub- lication. It is hoped that their efforts and those of the publisher have vi resulted in a Code of Laws and Ordinances which will make the active law of the county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the county's affairs. MUNICIPAL CODE CORPORATION Tallahassee, Florida vii PART I CODE Chapter 1 GENERAL PROVISIONS Sec. 1-1. How Code designated and cited. Sec. 1-2. Rules of construction and definitions. Sec. 1-3. Catchlines of sections;history notes,etc.;references to Code. Sec. 1-4. Effect of repeal of ordinances. Sec. 1-5. Jurisdiction. Sec. 1-6. General penalty;continuing violations. Sec. 1-7. Severability of parts of Code. Sec. 1-8. Provisions as continuation of existing ordinances. Sec. 1-9. Code does not affect prior offenses, rights, etc. Sec. 1-10. Certain ordinances not affected by Code. • CD1:1 GENERAL PROVISIONS § 1-2 Sec. 1.1. How Code designated and cited. Code. "Code" means the Code of Laws and Or- dinances of Collier County,Florida,as designated The ordinances embraced in the following chap- in section 1-1. ters and sections shall constitute and be desig- nated as the "Code of Laws and Ordinances of Computation of time. In computing any period Collier County, Florida," and may be so cited. of time prescribed or allowed by ordinance, the State law reference—Requirement that county codify and day of the act, event or default from which the publish its ordinances, F.S. § 125.68. designated period of time begins to run shall not be included. The last day of the period so corn- Sec. 1-2. Rules of construction and defini- puted shall be included unless it is a Saturday, tions. Sunday or legal holiday, in which event the pe- In the construction of this Code, and of all or- riod shall run until the end of the next day which dinances, the rules and definitions set out in this is not a Saturday, Sunday or legal holiday. When section shall be observed,unless inconsistent with the period of time prescribed or allowed is less the manifest intent of the board of county com than seven days, intermediate Saturdays, Sun- days and legal holidays shall be excluded in the missioners. The rules of construction and defini- computation. tions in this section do not apply to any section of this Code that contains any express provisions ex- Conjunctions. Unless the context clearly indi- eluding their application, or where the subject cates the contrary, where a regulation involves matter or context of such section may be repug- two or more items,conditions,provisions or events nant thereto. connected by the conjunctions "and," "or" or "either . . . or," the conjunction shall be inter- Generally.All general provisions,terms,phrases preted as follows: and expressions contained in this Code shall be liberally construed in order that the true intent (1) "And" indicates that all the connected and meaning of the board of county commissioners terms,conditions,provisions or events shall may be fully carried out. Terms used in this Code, apply. unless otherwise specifically provided, have the meanings prescribed by the statutes of the state (2) "Or" indicates that the connected items, for the same terms. conditions, provisions or events may apply State law reference—Construction of statutes,F.S. ch. 1. singly or in any combination. This Code is the minimum requirements (3) "Either . . . or"indicates that the connected adopted for the promotion of the public health, items,conditions,provisions or events shall safety, comfort, convenience and general welfare. apply singly but not in combination. Where any provision of this Code imposes greater restrictions than another provision imposed by the County. "County" means Collier County, Code, the provision imposing the greater restric- Florida. tion or regulation controls. County administrator. "County administrator" Board of county commissioners. "Board of county includes designees of the county administrator. commissioners" or "board" means the board of county commissioners of Collier County, Florida. Delegation of authority. A provision requiring the head of a department or some other county Circuit court. "Circuit court" shall mean the officer or employee to do some act or perform some circuit court of the 20th judicial circuit in and for duty is to be construed to authorize the head of Collier County, Florida. the department or other officer to designate, del- egate and authorize subordinates to perform the Clerk of the circuit court or county clerk. "Clerk required act or perform the duty. of the circuit court," "county clerk" or "clerk" means the clerk of the circuit court of the 20th F.A.C. "F.A.C."means the Florida Administra- judicial circuit in and for Collier County, Florida. tive Code. CD1:3 § 1-2 COLLIER COUNTY CODE F.S. "F.S." means the current edition of the Owner. "Owner," as applied to a building or Florida Statutes. land, shall include any part owner, joint owner, Gender. Words in one gender apply to the other tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or a gender. part of such building or land. Health department. "Health department" or Person. "Person"includes any individual,child, "county health department" means the county firm, association, joint venture, partnership, es- public health unit organized pursuant to F.S. ch. tate,trust,business trust,syndicate,fiduciary,cor- 154, pt. 1 (F.S. § 154.001 et seq.). poration and all other groups and legal entities or Includes. "Includes" does not limit a term to combinations thereof. the specified example, but its meaning is to be State law reference—Similar provisions, F.S. § 1.01(3). extended to all other instances or circumstances Property. "Property"includes real and personal of like kind or character. property. Joint authority. Words giving a joint authority Property appraiser. "Property appraiser"means to three or more persons or officers are to be con- the Collier County Property Appraiser. strued as giving such authority to a majority of such persons or officers. Shall. "Shall" is to be construed as being man- datory. Keeper,proprietor. "Keeper"or"proprietor"in- cludes any person, firm, association, corporation, Sidewalk. "Sidewalk" means any portion of a club or copartnership, whether acting alone or street between the curbline and the adjacent prop- through a servant, agent or employee. erty line intended for the use of pedestrians. ---� May. "May" is to be construed as being permis- State. "State" means the State of Florida. sive. Street or road. "Street" or "road" includes any Month. "Month" means a calendar month. street, avenue, boulevard, road, alley, viaduct or other public highway in the county. Must. "Must" is to be construed as being man- datory. Tables, illustrations, etc. In case of any differ- ence of meaning or implication between the text Nontechnical and technical words. Words and of this Code and any caption, illustration, sum- phrases are to be construed according to the mary table or illustrative table, the text controls. common and approved usage of the language,but technical words and phrases and such others as Tax collector. "Tax collector" means the Collier may have acquired a peculiar and appropriate County Tax Collector. meaning in law are to be construed and under Tenant or occupant. "Tenant"or"occupant,"as stood according to such meaning. applied to a building or land, includes any person Number. Words used in the singular number holding a written or oral lease of or who occupies include the plural. Words used in the plural the whole or part of such building or land, either number include the singular. alone or with others. Oath. "Oath"includes an affirmation in all cases Used for. "Used for" includes the terms "ar- in which, by law, an affirmation may be substi- ranged for," "designed for," "maintained for" or tuted for an oath; and in such cases the words "occupied for." "swear"and"sworn"are equivalent to the words "affirm" and "affirmed." Week. "Week" means seven days. Officer, official. Whenever reference is made to Written or in writing. "Written"or"in writing" include any representation of words,letters or fig- any officer or official,the reference shall be taken ures, whether by printing or otherwise. to be to such officer or official of Collier County, Florida. Year. "Year" means a calendar year. CD1:4 GENERAL PROVISIONS § 1-6 Sec. 1.3. Catchlines of sections;history notes, municipal ordinances. The board of county corn- etc.; references to Code. missioners may accept or reject such request by (a) The catchlines of the several sections of this the municipality. Either the municipality by its Code printed in boldface type are intended as mere governing body or the board of county commis catchwords to indicate the contents of the section sioners may withdraw the municipality from such and are not titles of such sections,or of any part of enforcement by the same voting procedure. State law reference—Conflicts between county and mu- the section,nor,unless expressly so provided,shall nicipal ordinances,Fla. Const.art.VIII, § 1(f). they be so deemed when any such section, in- cluding the catchline, is amended or reenacted. Sec. 1-6. General penalty; continuing viola- (b) The history or source notes appearing in pa- tions. rentheses after sections in this Code are not in- (a) In this section,the phrase "violation of this tended to have any legal effect but are merely Code" means any of the following: intended to indicate the source of matter con- tained in the section. Cross references and state (1) Doing an act that is prohibited or made or law references which appear after sections or sub- declared unlawful, an offense or a misde- sections of this Code or which otherwise appear in meanor by ordinance or by rule or regula- footnote form are provided for the convenience of tion authorized by ordinance. the user of this Code and have no legal effect. (2) Failure to perform an act that is required (c) All references to chapters, articles or sec- to be performed by ordinance or by rule or tions are to chapters, articles and sections of this regulation authorized by ordinance. Code unless otherwise specified. (3) Failure to perform an act if the failure is declared a misdemeanor or an offense or Sec. 1.4. Effect of repeal of ordinances. unlawful by ordinance or by rule or regu- (a) The repeal or amendment of an ordinance lation authorized by ordinance. shall not revive any ordinance in force before or (b) In this section, the phrase "violation of this at the time the ordinance repealed or amended took effect. Code" does not include the failure of a county officer or county employee to perform an official (b) The repeal or amendment of any ordinance duty unless it is provided that failure to perform shall not affect any punishment or penalty in- the duty is to be punished as provided in this sec- curred before the repeal took effect, nor any suit, tion. prosecution or proceeding pending at the time of the repeal for an offense committed under the or- (c) Except as otherwise provided, a person con- dinance repealed or amended. victed of a violation of this Code shall be punished by a fine not exceeding$500.00, imprisonment in Sec. 1-5. Jurisdiction. the county jail for a term not exceeding 60 days, or by both such fine and imprisonment. With re- Except as otherwise provided by law or ordi- spect to violations of this Code that are contin- nance, the provisions of this Code shall apply in uous with respect to time, each day the violation both the unincorporated and incorporated areas continues is a separate offense in the absence of of the county, provided that any provision of this provisions to the contrary. Code in conflict with a municipal ordinance shall (d) The imposition of a penalty does not pre not be effective within such municipality to the vent revocation or suspension of a license, permit extent of such conflict. The board of county com or franchise, the imposition of civil penalties or missioners shall not enforce a provision of this other administrative actions. Code within the boundaries of a municipality un- less the municipality passes a resolution re- (e) Violations of this Code may be abated by questing such action by majority vote of its gov- injunctive or other equitable or civil relief and no erning body and repeals any inconsistent bond shall be required nor proof of intent or sci- CD 1:5 § 1-6 COLLIER COUNTY CODE enter. The imposition of a penalty does not pre- of any ordinance of the county in effect on the vent equitable relief. date of adoption of this Code. Cross reference—Gain time for prisoners, § 78-27. State law reference—Penalty for ordinance violations,F.S. Sec. 1-10. Certain ordinances not affected by § 125.69. Code. Sec. 1-7. Severability of parts of Code. (a) Nothing in this Code or the ordinance It is declared to be the intent of the board of adopting this Code, unless otherwise provided in county commissioners that if any section, subset this Code or such ordinance, shall affect any or tion, sentence, clause, phrase or portion of this dinance or portion of an ordinance: Code or any ordinance is for any reason held or (1) Promising or guaranteeing the payment of declared to be unconstitutional, inoperative or money for the county, or authorizing the void, such holding or invalidity shall not affect issuance of any bonds of the county or any the remaining portions of this Code or any ordi- evidence of the county's indebtedness, or nance. It shall be construed to have been the leg- any contract or obligation assumed by the islative intent to pass this Code or such ordinance county. without such unconstitutional, invalid or inoper- ative part therein,and the remainder of this Code (2) Granting any right or franchise or con or such ordinance after the exclusion of such part veying any oil, gas or mineral rights. or parts shall be deemed and held to be valid as if (3) Dedicating,naming,establishing,locating, such part or parts had not been included in this relocating, opening, paving, widening, va- Code or ordinance. If this Code or any ordinance cating, etc., any street or public way. -� or any provision thereof is held inapplicable to any person, group of persons, property or kind of (4) Making any appropriation. property,or circumstances or set of circumstances, (5) Granting ad valorem tax exemptions for such holding shall not affect the applicability specific property. hereof to any other person, property or circum- stance. (6) Establishing, amending, or constituting a land development code or pertaining to the Sec. 1-8. Provisions as continuation of ex- comprehensive plan. isting ordinances. (7) Levying or imposing taxes not codified in The provisions of this Code, insofar as they are this Code. substantially the same as legislation previously (8) Amending any local law, i.e., special act adopted by the county relating to the same sub- not in the Code. ject matter, shall be construed as restatements and continuations thereof and not as new enact- (9) Providing for local services or improve- ments. ments and assessing taxes or other charges therefor. Sec. 1-9. Code does not affect prior offenses, (10) Dedicating, accepting or vacating any plat rights, etc. or subdivision. (a) Nothing in this Code or the ordinance (11) Rezoning specific property or establishing adopting this Code shall affect any offense or act or amending a specific planned unit devel- committed or done, any penalty or forfeiture in- opment. curred, or any contract or right established or ac- cruing before the effective date of this Code. (12) Which is temporary, although general in (b) The adoption of this Code shall not be inter- effect. preted as authorizing any use or the continuance (13) Which is special, although permanent in of any use of a structure or premises in violation effect. CD1:6 GENERAL PROVISIONS § 1-10 (14) The purpose of which has been accom- plished. (b) The ordinances designated in subsection (a) of this section are recognized as continuing in full force and effect to the same extent as if set out at length in this Code. CD1:7