Chapter 18 - Aviation Chapter 18
AVIATION*
Article I. In General
Secs. 18-1-18-25. Reserved.
Article II. County Owned,Operated or Maintained Airports
Division 1. Generally
Secs. 18-26-18-35. Reserved.
Division 2. Airport Authority
Sec. 18-36. Title and citation.
Sec. 18-37. Findings and purpose.
Sec. 18-38. Definitions.
Sec. 18-39. Continuance of authority;airport boundaries.
Sec. 18-40. Governing body;membership,appointment and terms of office.
Sec. 18-41. Compensation of members.
Sec. 18-42. Powers,functions and duties.
Sec. 18-43. Annual workshop;budget and reports.
Sec. 18-44. Administrative Code.
Sec. 18-45. Executive director.
Sec. 18-46. Non-interference.
`wl Sec. 18-47. Transfer of property and personnel.
Sec. 18-48. Merger;dissolution.
Sec. 18-49. Adoption of rules and regulations previously adopted by the
Collier County Airport Authority.
Sec. 18-50. Trespass:anywhere at airport;secured areas.
Sec. 18-51. Reserved.
Sec. 18-52. Penalties;referrals within Collier County Government.
Sec. 18-53. Referral for investigation or enforcement to outside law enforce-
ment agencies.
Secs. 18-54-18-60. Reserved.
Division 3. Reserved
Secs. 18-61-18-90. Reserved.
Division 4. Reserved
Secs. 18-91-18-115. Reserved.
*State law reference—Aeronautics,F.S.chs.329-333.
Supp.No.50 CD18:1
AVIATION § 18-37
ARTICLE I. IN GENERAL improve, maintain, equip, operate, and
regulate County airports and other air
Secs. 18-1-18-25. Reserved. navigation facilities, and provides that
the exercise of any other power specified
therein granted to counties are public,
ARTICLE II. COUNTY OWNED, governmental functions exercised for a
OPERATED OR MAINTAINED AIRPORTS public purpose and are matters of public
necessity.
DIVISION 1. GENERALLY (5) F.S.§332.08(1),authorizes Collier County
to vest authority for the construction,
Secs. 18-26-18-35. Reserved. enlargement,improvement,maintenance,
equipment, operation, and regulation of
DIVISION 2. AIRPORT AUTHORITY* airports,restricted landing areas,and other
air navigation facilities,in an officer,board,
Sec. 18-36. Title and citation. or body of the County by ordinance,which
shall prescribe the powers and duties of
This article shall be known and may be cited as such officer, board or body.
the"Collier County Airport Authority Ordinance."
(Ord. No. 04-03, § 1) (6) The three Collier County owned airports
require attention,including short and long
Sec. 18-37. Findings and purpose. range planning, to encourage and foster
the development of infrastructure and fa-
It is hereby reaffirmed that: cilities to be operated for the benefit of
(1) Pursuant to F.S. § 332.08(1), and this citizens and taxpayers in the County.
article,the Collier County Airport Author (7) The three airports should be developed to
ity is responsible for the operation of promote the welfare of all current and
three airports: The Immokalee Regional future residents of the County.
Airport in Immokalee; the Marco Island
Executive Airport, located Northeast of (8) It is the intent of the Board of County
Marco Island; and the Everglades City Commissioners to maintain a Collier
Airpark,located in the City of Everglades. County Airport Authority in Collier County
(2) The three County airports are valuable with the powers and responsibilities as
assets that bear upon a viable and diver- provided in F.S. §332.08, and pursuant to
sifted economy for the Collier County Com the governmental powers granted to coun
ties in F.S. ch. 125.
munity.
(3) The Board of County Commissioners of (9) This airport authority is consistent with
Collier County desires to provide for en- and furthers the County's comprehensive
hanced development and eventual opera plan and provides a focused approach to
tion of the airports as enterprise opera the provision, development and manage-
tions. ment of public infrastructure and services
at the three Collier County airports, and
(4) F.S.ch.332,§§332.001-332.12,("Airport is one available means for delivery of such
Law of 1945"), authorizes Collier County facilities and services at the three air-
to acquire, establish, construct, enlarge, ports.
*Editor's note—Ord. No. 04-03, § 20, adopted Jan. 27, (10) The provisions of this article shall be
2004, repealed Div. 2 in its entirety. Sections 1-18 enacted liberally construed to effectively carryout
similar provisions to read as herein set out. Formerly, said
division pertained to similar subject matter as enacted by Ord. its purposes in the interest of the public
No.95-67,§§ 1-13; as amended. See the Code Comparative health, safety, welfare and convenience.
Table for a detailed analysis of inclusion. This article shall be construed to be con-
Supp.No.27 CD18:3
L.18-37 COLLIER COUNTY CODE
sistent with F.S. ch. 189, (the "Uniform aircraft; also the handling of mail, express and
Special District Accountability Act of freight,and the accommodation, convenience and
1945"), and F.S. ch. 332, (the "Florida comfort of passengers,together with related trans-
Airport Act of 1945"); with F.S. ch. 286, portation facilities, industrial development, all
("Florida's Government in the Sunshine necessary appurtenances, machinery and equip-
Law"); and with F.S. ch. 119, (Florida's ment and all lands, properties,rights, easements
Public Records Law), as those statutes and franchises relating thereto and deemed nec-
may be amended from time-to-time. essary or convenient by the authority in connec-
(11) Nothing in this article shall be construed tion therewith.
to affect any actions previously taken by
Collier County and/or the Collier County "Authority" means the Collier County Airport
Airport Authority,or any agreements pre- Authority.
viously entered into by Collier County
and/or the airport authority. "Board" means the Board of County Commis-
(12) It is the intent of this article to grant to sinners of Collier County, Florida.
the airport authority more freedom and
autonomy to carry on its day-to-day activ "County" means Collier County, Florida.
ities with minimal management from the
board and from the clerk to the board,and "Improvements" means such replacements, re-
with the intent to eventually have the pairs, extensions, additions, enlargements, and
authority to become independent by pas- betterments of or to any airport or airport facility
sage of a special act of the Florida Legis as deemed appropriate to keep the airport and
lature. airport facilities in suitable condition for the safe,
No. 04-03, § 2) efficient and economic operation thereof.
Sec. 18-38. Definitions. "Member(s)" means on or more of the persons
who comprise the governing body of the airport
As used in this article,the following words and authority.
terms shall have the following meanings unless (Ord. No. 04-03, § 3; Ord. No. 2010-10, § 1)
the context clearly requires otherwise:
'Airports" means the real property and all Sec. 18-39. Continuance of authority; air-
improvements owned or leased by Collier County port boundaries.
(as tenant) and/or the Collier County Airport
Authority(as sublessor and/or tenant)for airport (a) The Authority is a"political subdivision" of
activities in Immokalee, Everglades City, and Collier County as defined in F.S. § 333.01(9). The
Marco Island, including the properties and im- Authority is also a "political subdivision" of Col-
provements designated for industrial develop- her County as used in F.S.§ 196.199,regarding ad
ment at the Immokalee Airport, and other such valorem taxation.
property and improvements that may be subse-
quently acquired by Collier County and/or the (b) The Authority shall take no action that is
airport authority by lease, purchase, gift or by inconsistent with applicable general law, any ap-
any other means. plicable special act,any applicable comprehensive
'Airport facilities"means airport facilities of all land use plan, any applicable land development
kinds including,but not limited to,landing fields, ordinance,or any other applicable ordinance,rule
hangers, shops, restaurants and catering facili- or regulation adopted by the Board pursuant to
ties,terminals,buildings,airport industrial parks, F.S. chs. 332 or 333, or any applicable regulation
parking facilities, and all other facilities neces- of any governmental entity that has authority to
sary and desirable for the landing, taking off, adopt regulations that are superior to the Author-
operating, servicing, repairing and parking of ity with respect to the specific issue.
Supp.No.27 CD18:4
AVIATION § 18-42
(c) The legal description and a map of each of Authority shall reimburse each respective depart-
these three airports are attached hereto and are a ment for the cost of services and materials sup-
part hereof as Exhibits A, B and C.* The legal plied by that department to the Authority.
description and maps may be amended by Reso- (Ord. No. 04-03, § 5; Ord. No. 2009-49, § 1; Ord.
lution of the Airport Authority. No. 2010-10, § 3)
(Ord. No. 04-03, § 4; Ord. No. 2010-10, § 2)
Note—*Exhibits A,B and C referenced above are not set Sec. 18-41. Compensation of members.
out herein,but on file as an attachment to Ord.No. 04-03 in
the appropriate county offices. The members of the Authority shall receive no
compensation but each shall be reimbursed ex-
Sec. 18-40. Governing body;membership,ap- penses in accordance with the provisions of gen-
pointment and terms of office. eral law, and in conformity with the Authority's
(a) The Board of County Commissioners hereby budget.
declares itself to be the Collier County Airport (Ord. No. 04-03, § 6; Ord. No. 2010-10, § 4)
Authority. Sec. 18-42. Powers,functions and duties.
(b) Effective as of the beginning of each fiscal (a) The Authority shall be responsible for the
year (October 1), the Authority shall from its construction, improvement, equipment, develop-
members elect a chairman and vice chairman. If ment, regulation, operation and maintenance of
an election does not occur, the chairman and vice the airports and all related airport facilities. The
chairman of the Board of County Commissioners day-to-day activities of the Executive Director
will hold those same positions on the Airport and of the Authority's other employees shall not
Authority governing board. require prior approval from the Board,Authority,
(c) The County's Purchasing Policy and the or the County Manager.
�r� County's Personnel Rules and Regulations will (b) The Authority shall have no power to levy
apply to the Authority except as provided other- or collect ad valorem taxes unless provided other-
wise in the Authority's Administrative Code, as wise in a special act of the Florida Legislature.
amended from time-to-time.
(c) The Authority has the following powers and
duties:
The Clerk to the Board shall, to the extent
required by law, serve as clerk to the Authority.
The Authority, at its discretion, may utilize the (1) Subject to and consistent with the
services of the Clerk over and above the services Authority's budget, to make and execute
the Clerk must perform for the Authority as a contracts and other instruments neces-
matter of law. The Authority shall annually bud- sary or convenient to the exercise of its
get and reimburse the Clerk as appropriate for powers.
the cost of all services and materials supplied by (2) The Authority may adopt resolutions,rules
the Clerk to the Authority. The Authority shall and regulations that are necessary to con-
organize its own financial records to facilitate its duct the business of the Authority.
day-to-day operations and provide financial records
in such form and in such manner as required by (3) To accept gifts;to apply for and use grants
F.S. ch. 218, and additional requirements, if any, or loans of money or other property from
specified in the Authority's Administrative Code. the United States, the State of Florida,
To the extent allowed by law, the Authority may, any unit of local government, or any per
through its Administrative Code, remove itself son for any lawful purpose; to hold, use,
from fiscal and other review and approval by the sell and dispose of such monies or prop
Clerk to the Board. erty for any Authority purpose in accor-
dance with the terms of the gift, grant,
(e) Other Departments of the County, includ- loan or agreement relating thereto;and to
ing the office of the County Manager, may assist enter into interlocal agreements as conve-
the Authority as requested by the Authority. The nient to accomplish its goals.
Supp.No.27 CD18:5
L18-42 COLLIER COUNTY CODE
(4) To maintain an office within the County personal property or any estate therein
at such place or places the Authority for any lawful purpose of the Authority;
designates. also to trade, sell or otherwise dispose of
(5) To borrow money and issue revenue bonds surplus real or surplus personal property
or anticipation certificates,warrants,notes in accordance with general law. The Au
or other evidence of indebtedness;to des- thority may purchase equipment by an
ignate an agent of record; to sell or mort-
gage installment sales contract if budgeted and
gage real or personal property, or to ac funds are available to pay the current
cept any grant. years installment and to pay the amounts
due that year on all other installments
(6) To adopt by resolution a schedule of rates, and indebtedness. The Authority shall
fees and other charges for the use of the have no power of eminent domain except:
services, airports and airport facilities to (a)in the name of the County pursuant to
be paid by owners, tenants, or occupants F.S. ch. 74,as authorized by the Board;or
of each parcel of land or the user of any (b) except as authorized by special act of
facility which may be connected with or the Legislature.
provided service,use or availability of any
airport facility. The initial schedule of (9) To hold, control and acquire by donation
such rates,fees and other charges shall be or purchase any public easements, dedi-
those in effect at the three airports as of cations to public use, platted reservation
the effective date of this Ordinance. The for public purpose, or reservation for any
Authority may from time-to-time revise lawful purpose of the Authority, and to
the schedule of rates, fees and other use such easement,dedication or reserva-
charges.Such rates,fees,and other charges tion for any lawful purpose of the Author
shall be adopted and revised so as to ity.
provide funds, which, with other funds
available for such purposes, shall be suf- (10) To hire the Executive Director, who shall
ficient at all times to pay the expenses of be an employee of the County and shall be
operating and maintaining the airports subject to the County's Human Resources
and airport facilities(including reimburse Policies and Procedures except to the ex-
ments to the county),to provide a margin tent, if any, specifically provided other-
of safety over and above the total amount wise in the Authority's Administrative
of such payments, and to comply with Code.
covenants to bondholders.Also to provide,
if applicable, reserves for the principal (11) To contract for professional services in
and interest on revenue bonds as the eluding, but not limited to, planning, en
same may become due. The Authority gineering,legal,and/or other professional
shall charge and collect such rates, fees, services. No person engaged to provide
and other charges so adopted and revised. such services shall be an employee of
either the Authority or the County.
(7) To sub-lease as sub-lessor, and to lease as
lessee,to or from any person,firm, corpo- (12) At the Authority's discretion, the County
ration, association, or body, public or pri- Attorney's office will serve as the
vate, any airport facility or airport prop- Authority's attorney. The Authority may
erty of any nature for the use of the retain individual attorneys at law and/or
Authority to carry out any purpose of the law firm(s) to serve as the Authority's
Authority. To grant easements, licenses attorney for some or all of the Authority's
and use agreements at each airport. legal services.
(8) To acquire by purchase, lease, gift, dedi- (13) To exercise all powers and Authority that
cation, or devise, or otherwise, real and is convenient and appropriate to accom-
Supp.No.27 CD18:6
AVIATION § 18-44
plish any duty, responsibility, goal, plan, tures of the Authority for the ensuing fiscal year,
or purpose of the Authority as provided plus an estimate of all income to the Authority
for in this Ordinance. from all sources for that fiscal year and shall
(14) To create advisory board(s)by ordinance. include an update of the Authority's five-year
strategic business plan. The Board shall consider
(d) The Authority shall have a lien upon all the proposed budget item by item and may either
aircraft landing upon any airport operated by the approve the budget as proposed by the Authority,
Authority for all charges for fuel,landing fees and or modify the same in part or in whole. The
other fees and charges for the use of the facilities budget of the Authority shall be adopted in the
of such airport by any such aircraft, when pay- same manner provided,and the times established
ment of such charges and fees is not made imme- by law for the adoption of the budget by the
diately upon demand therefore to the operator or County.The Authority shall be responsible for the
owner of the aircraft by a duly authorized em- implementation of the budget as approved by the
ployee of the Authority. The lien for the full Board. The annual budget proposed by the Au-
amount of the charges and fees due to the Author- thority and approved by the Board should contin-
ity attaches to any aircraft owned or operated by uously implement the Authority's five-year mas-
the person owing such charges and fees.Such lien ter plan.
may be enforced as provided by law for the
enforcement of warehousemen's liens in Florida. (b) By March 15th of each year, the Executive
It is unlawful for any person to remove or attempt Director shall submit to the board an annual
to remove any such aircraft from such airport report on airport activities and operations for the
after notice of the lien has been served upon the preceding fiscal year, including an independent
owner or operator thereof or after posting of such financial audit.
written notice upon such aircraft.Any person who
removes or attempts to remove any such aircraft (c) For the December, March, June and Sep-
from the airport after service or posting of the tember calendar quarters of each year, the Exec-
notice of the lien as herein provided, and before utive Director, not later than forty-five (45) days
payment of the amount due to the Authority for following the end of each quarter, shall deliver to
fees or charges incurred by such aircraft, shall be the Authority a quarterly financial report includ-
guilty of a criminal offense and misdemeanor ing the status of grants and income from sub-
within the meaning of F.S. § 775.08, and shall be leases,licenses,and other revenue producing items.
punished as provided by law. (Ord. No. 04-03, § 8; Ord. No. 2010-10, § 6)
(Ord. No. 04-03, § 7; Ord. No. 2010-10, § 5)
Sec. 18-43. Annual workshop;budget and re- Sec. 18-44. Administrative Code.
ports.
(a) The Authority may adopt an Administra-
(a) The Executive Director shall schedule and tive Code by Resolution(s)that prescribes details
conduct one(1)workshop with the Authority prior regarding the powers, duties and functions of the
to submission of the Executive Director's tenta- officers of the Authority; the conduct of the busi-
tive annual budget request. For each fiscal year ness of the Authority;the maintenance of records
the Executive Director shall prepare a tentative and the form of other documents and records of
annual budget including revenues and expenses the Authority.
for the operation of the three airports during the
ensuing fiscal year.The budget shall be transmit- (b) The Administrative Code shall organize
ted to the County Manager for Authority and the administration of the Authority and shall
Board review and adoption on or before May 1,or detail the duties, responsibilities, policies, rules
otherwise in accordance with the County's gen- and regulations of the Authority as delegated to
eral budget policy or general law,whichever date the Authority by this Ordinance, by other ordi-
is earliest.Each proposed budget shall include an nances, by rules and regulations of the Board, or
estimate of all planned and contingent expendi- by Special Act of the Legislature.
Supp.No.27 CD18:7
LI(18-44 COLLIER COUNTY CODE
(c) The Administrative Code in existence as of The Executive Director shall also direct
the date of this Ordinance amendment is effective and supervise professional service provid-
only to the extent that it is consistent with Collier ers engaged by the Authority.
County rules and regulations and this Ordinance.
(Ord. No. 04-03, § 9; Ord. No. 2010-10, § 7) (6) Carry out such other powers and duties as
may lawfully be assigned by the Author-
Sec. 18-45. Executive director. ity.
(a) The Authority may have an Executive Di- (e) The Executive Director shall be qualified
rector to serve as the Authority's chief operating by executive and administrative experience. Min-
officer. The Executive Director shall be hired by imum qualifications for the Executive Director
an affirmative vote of the membership of the are to be specified in the Administrative Code.
Authority.Subject to the provisions of an Employ- The compensation of the Executive Director as
ment Agreement of the Executive Director, the specified in the applicable employment agree-
Executive Director may be terminated, with or ment shall be set by the Authority in accordance
without cause,by an affirmative vote of the mem- with the budget approved by the Board, and in
bership of the Authority. accordance with the County's Human Resources
Policies and Procedures, except to the extent
(b) The Executive Director shall work under those policies and procedures do not apply to the
the direction of the Authority. Authority because of exemptions provided for in
(c) The Executive Director shall be the chief the Authority's Administrative Code.
operating officer of the Authority. All executive (Ord. No. 04-03, § 10; Ord. No. 2010-10, § 8)
and administrative responsibilities and powers
specified herein shall be assigned to and vested in Sec. 18-46. Non-interference.
Levhe Executive Director.
Consistent with Ordinance No. 93-72, as
(d) The Executive Director shall: amended (County Manager's Ordinance) and Or-
(1) Be responsible for the administration,man- dinance No. 96-40, as amended (Collier County
agement and operation of the airports and Personnel Ordinance), members of the Authority
airport facilities. may communicate with employees,officers,agents
under the direct or indirect supervision of the
(2) Formulate and prepare recommendations Executive Director,including professional service
regarding policies, rules and regulations, providers, for the purpose of inquiry or informa-
directives, programs, agreements, sub- tion. Except for purposes of inquiry or informa-
leases, leases, contracts, and all other tion,no member of the Authority shall give direc-
documents which require consideration, tions to or interfere with any employee, officer,
action, or approval of the Authority. agent, or with any professional services provider
(3) Implement all lawful directives of the under any direct or indirect supervision of the
Authority. Executive Director.
(4) Prepare annual budget and the annual (Ord. No. 04-03, § 11; Ord. No. 2010-10, § 9)
report for approval of the Authority and
the Board. Sec. 18-47. Transfer of property and person-
nel.
(5) Recommend employment of,direct,super-
vise, and recommend personnel actions (a) The County has leased to the Authority for
regarding Authority employees in accor- the consideration of$10.00,all three Collier County
dance with the County's Human Re- airports and all real property improvements
sources Policies and Procedures,except to thereon owned by the County. Subject to passage
the extent those policies and procedures of a Special Act of the Legislature authorizing
do not apply to the Authority as exempted same, the Board may convey the fee title to each
by the Authority's Administrative Code. of the three airports to the Authority. Each such
Supp.No.27 CD18:8
AVIATION § 18-49
conveyance shall be subject to existing applicable Sec. 18-49. Adoption of rules and regula-
airport use and reversionary clauses in the chain tions previously adopted by the
of title, and be subject to subsection 18-48(c). Collier County Airport Author-
ity.
(b) The County has conveyed to the Authority
all personal property related to the three airports, (a) The Board of County Commissioners, pur-
including all personal property airport systems, suant to F.S. § 332.08, hereby adopts all of the
equipment, and materials then under the man- following Rules and Regulations heretofore ad-
agement, direction or control of the Board. All opted by the Collier County Airport Authority
funds received by the Authority from sale of ("Authority"):
durable assets purchased by the Authority with (1) The Collier County Airport Authority Rules
funds from the County's general fund shall be and Regulations for General Aviation Air-
refunded by the Authority to the County's general ports, Collier County, Florida, applicable
fund. to the Everglades Airport,to the Immokalee
(c) AnyCountyemployees transferred to the Regional Airport, and to the Marco Island
Executive Airport,adopted by the Author-
Authority shall remain County employees and be ity as revised on February 1, 2002.
subject to the County's Human Resources Policies
and Procedures, except to the extent those poli- (2) Minimum Standards for Commercial Air-
cies and procedures do not apply to the Authority port Aeronautical Activity and Service Pro-
because of exemptions provided for in the viders at the Collier County Airports, as
Authority's Administrative Code. revised on November 14, 2005.
(Ord. No. 04-03, § 12) (3) The Collier County Airport Authority Ad-
ministrative Code,adopted by the Author-
Sec. 18-48. Merger; dissolution. ity as revised on August 9, 2004.
(a) There shall be no merger involving the (4) The Collier County Airport Authority Leas-
Authority and any other unit of government with-
ity Policy adopted by the Airport Author
out prior approval of the Board. ity as revised on February 11, 2002.
(b) F.S. § 332.08(2)(b), (authorizing enforce-
(b) The Charter of the Authority may be re- ment of violation of such Rules and Regulations
yoked and the Authority unilaterally dissolved by as a second degree misdemeanor) applies only to
an ordinance adopted by the Board. Such action Rules and Regulations adopted by the Board.
by the Board dissolving the Authority shall occur Future amendments to such Rules and Regula-
subject to: (a)the legal rights of bondholders, the tions may not be enforced as a misdemeanor
Executive Director, and all employees of the Au- pursuant to this Ordinance until each such re-
thority; and (b) a dissolution plan adopted by the spective future amendment(s) is/are adopted by
Board. the Board pursuant to F.S.§332.08,which may be
by adoption of a Resolution of the Board subject to
(c) Dissolution of the Authority shall automat- the four weeks public notice requirement. How-
ically transfer to the County all right, title and ever,this limitation does not affect enforcement of
interests to all real and personal property deeded, any such future amendment(s) to any such Rule
leased, assigned to or otherwise conveyed by or Regulation except when the amended Rule or
every means whatsoever to the Authority along Regulation is to be enforced as a misdemeanor.
with all other property and interests in property Violation of any such future amendment not yet
otherwise acquired by the Authority. Dissolution then adopted by the Board may be referred for
shall be subject to all contracts, other obligations enforcement to any Collier County enforcement
and indebtedness of the Authority. department and/or to any outside agency or en-
(Ord. No. 04-03, § 13) tity, for enforcement by other means.
Supp.No.41 CD18:9
-49 COLLIER COUNTY CODE
(c) Every violation of any such Board adopted Sec. 18-51. Reserved.
Rule and/or Regulation shall be a separate viola- Editor's note—Ord. No. 2011-32, § 1, adopted Sept. 27,
tion of this Ordinance.Also,every individual who, 2011, repealed § 18-51, entitled "Concealed weapons; con-
while in the presence of a law enforcement officer, cealed firearms"which derived from:Ord. No. 04-03,§ 16.
either refuses to immediately obey an oral order
(instruction) to leave the airport, or to move Sec. 18-52. Penalties; referrals within Col-
his/her person to some other part of the airport,or her County Government.
who is then committing any violation of any such
rule or regulation, or is committing a trespass (a) General penalties;continuing violations. In
anywhere in any secured area of an airport, such this article the phase "violation of this article"
law enforcement officer may arrest the violator means any of the following:
without a warrant for any such violation(s),which
Authority to arrest without a warrant is autho- (1) Doing an act that is prohibited or made or
rized by F.S. § 901.15(1). declared unlawful, or an offense, or a
(Ord. No. 04-03, § 14; Ord. No. 2010-10, § 10) misdemeanor by ordinance, or by rule or
regulation authorized by any Collier
Sec. 18-50. Trespass: anywhere at airport; County Ordinance.
secured areas. (2) Failure to perform an act that is required
to be performed by any Collier County
(a) It shall be a separate violation of this
Ordinance,or by rule or regulation autho-
article for any individual to refuse to immediately rized by any Collier County Ordinance.
and completely obey an oral order(instruction)to
'-ave the airport, or to move his/her person to (3) Failure to perform any act if the failure is
\is...ene other area of the airport, if the order (in- declared a misdemeanor or an offense, or
struction) is personally communicated to the in- otherwise unlawful or a violation by any
dividual by the Airport Manager, or if the Airport Collier County Ordinance, or by any rule
Manager is not then and there available, by any or regulation authorized by Collier County
employee who at such time and place has author- Ordinance.
ity to issue such an instruction.
(b) In this article,the phrase "violation of this
(b) It is a separate violation of this article for article" does not include the failure of a Collier
any individual to commit a trespass into (or County officer or a Collier County employee, or
within) any secure area of any Collier County any officer or any employee of the Collier County
Airport, provided signs are posted in conspicuous Airport Authority, to perform a duty or responsi-
areas and such signs give notice that unauthor- bility.
ized entry into the respective secured area consti-
tutes a trespass, and the signs specify the means (c) Except as may otherwise be specifically
that are available for gaining authorized access to provided with regard to the specific rule or regu-
the respective secure area. Each such violation of lation, an individual or entity convicted of a
this article shall subject each such trespassing violation of any such rule or regulation, or of an
individual(s) to arrest by a law enforcement offi- independent violation of this article, may be pun-
cer without a warrant, on or off of the airport, as ished by a fine not to exceed $500.00, and if the
specified in F.S. § 901.15(15). The Collier County violator is an individual, by imprisonment in the
Airport Authority is hereby authorized to desig- County jail for a term not to exceed 60 days, or, if
nate such secure area(s) as it deems appropriate the violator is an individual,by both such fine and
by posting appropriate signs. Each such trespass imprisonment. With respect to any violation of
in any secured area of an airport is an indepen- this article that is continuous with respect to
dent violation of this article irrespective of appli- time, each day the violation continues may be
cation of any Airport Authority rule or regulation. held by the respective forum (trier of fact)to be a
"')rd. No. 04-03, § 15) separate offense or separate violation.
Supp.No.41 CD18:10
AVIATION §18-115
(d) Imposition of a felony penalty, or any mis- cer's or employee's judgment an arrest or forcible
demeanor penalty, or any civil penalty, does not restraint may be an appropriate response to the
prevent or affect possible revocation or suspen- situation.
sion of a license, permit, contract or franchise, or
affect imposition of any other civil penalties, or (c) The Executive Director, and/or the Airport
affect imposition of any other administrative fines Authority, and/or the Airport Manager of the
action(s) or penalties by any enforcement forum
respective airport(or such Airport Manager's des-
ignee) may refer for investigation and enforce-
whatsoever. ment any suspected violation of this article and/or
(e) Violations of any such rule or regulation, any Airport Authority rule and/or regulation that
and/or any independent violation(s)of this article, may be a violation of any law, rule or regulation
may be abated by injunctive or other equitable within the investigation and/or enforcement juris-
relief, and no bond shall be required from the diction of the respective entity to which the mat-
County or from the Authority; nor is proof of ter is referred, which may include the Federal
intent or scienter required by this article. No Government or any agency or sub-part thereof.
imposition of any fine or any other penalty shall Also, such referral need not appear to be a viola
prevent any equitable relief whatsoever. tion of any Airport Authority rule or regulation or
of any Collier County Ordinance.
(f) Every alleged violation(s) of any of such (Ord. No. 04-03, § 18)
rule or regulation may be referred by the Airport Secs. 18-54-18-60. Reserved.
Authority,and/or by the Airport Authority's Exec-
utive Director, for investigation and enforcement
by any Collier County Code Enforcement Board, DIVISION 3. RESERVED*
or with respect to any vehicle for hire, to the
Loi Collier County Public Vehicle Advisory Commit- Secs. 18-61-18-90. Reserved.
tee. All penalties then available to the referred
board, committee, or department may be applied DIVISION 4. RESERVEDt
to each respective violators).
(Ord. No. 04-03, § 17)
Secs. 18-91-18-115. Reserved.
Sec. 18-53. Referral for investigation or en-
forcement to outside law enforce-
ment agencies.
(a) Any suspected violation(s) of any of any
such rule or regulation may be referred by the
Airport Authority,and/or by the Airport Authority's
Executive Director, to any appropriate outside
law enforcement department, entity, or agency,
for investigation and/or enforcement as a misde-
meanor of the second degree as then punishable
as such punishment is provided for in F.S.
§§ 775.082 or 775.083. *Editor's note—Ord.No.2013-54, § 1,adopted Sept.24,
2013,repealed Art. II,Div. 3, §§ 18-61-18-65,entitled"Air-
(b) Any officer or other employee of the Airport port Authority Advisory Board",which derived from Ord.No.
Authority who suspects that a violation of any 2010-11,§§ 1-5.
such rule or regulation is occurring or is being tEditor's note—Section 20 of Ord. No. 04-03 repealed
former div.4, §§ 18-67-18-71,in its entirety.Formerly,said
committed, the officer or employee is authorized division pertained to trespass,carry of concealed weapons or
to immediately notify the Collier County Sheriffs firearms;penalties.The user is directed to division 2 of this
Department, office, or substation, if in that offi- chapter for similar provisions.
Supp.No.50 CD18:11
L
Chapters 19-21
RESERVED
CD19:1