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Chapter 98 - Parks and Recreation L Chapter 98 PARKS AND RECREATION* Article I. In General Sec. 98-1. Reserved. [Sec. 98-2. Cast net fishing in Ann Olesky Park.] Secs. 98-3-98-25. Reserved. Article II. Parks and Recreation Advisory Board Sec. 98-26. Creation. Sec. 98-27. Appointment and composition. Sec. 98-28. Terms of office. Sec. 98-29. Removal from office;failure to attend meetings. Sec. 98-30. Officers;quorum;rules of procedure. Sec. 98-31. Reimbursement of expenses. Sec. 98-32. Functions,powers and duties. Sec. 98-33. Duties of the public services administrator. Sec. 98-34. Review process. Secs. 98-35-98-55. Reserved. Article III. Park Use Sec. 98-56. Intent and purpose. Sec. 98-57. Requirements concerning use of grounds and facilities. Sec. 98-58. Prohibited acts. Sec. 98-59. Hours. ftroi Sec. 98-60. Conflict and severability. *Cross references—Amusements and entertainments,ch. 10;parks and recreational facilities impact fee, §74-26 et seq.; library,ch. 82;special districts providing for park services,ch. 122;waterways,ch. 146. Special act references—Acquisition of parks,§202-286 et seq.;special acts pertaining to parks and recreation,ch. 246. State law reference—Authority of board of county commissioners to provide for parks,F.S. § 125.01(1)(f). `,,/ Supp. No. 86 CD98:1 PARKS AND RECREATION §98-29 ARTICLE I. IN GENERAL (2) Three members will serve until December 31, 1994. Sec. 98-1. Reserved. (3) Two members will serve until December Editor's note—Ord. No. 2012-31, § 1, adopted Sept. 11, 31, 1995. 2012, repealed § 98-1, entitled "Expenditures for lighting", which derived from:Laws of Fla.ch.63-713,§1;Laws of Fla. Thereafter, each appointment or reappointment ch. 71-29. shall be for a term of four years.A member of the parks and recreation advisory board may be re- Secs. 98-2-98-25. Reserved. appointed by the board of county commissioners for one successive term. However, other qualified applicants may be considered for any vacancy. ARTICLE II. PARKS AND RECREATION Appointments to fill any vacancies on the advi- ADVISORY BOARD* sory board shall be for the remainder of the unexpired term of office. Sec. 98-26. Creation. (Ord. No. 93-81, § 3) The creation and establishment of the parks and recreation advisory board is hereby con- Sec. 98-29. Removal from office; failure to firmed and ratified. attend meetings. (Ord. No. 93-81, § 1) (a) Any member of the parks and recreation advisory board may be removed from office, with Sec. 98-27. Appointment and composition. or without cause, by a majority vote of the board (a) The parks and recreation advisory board of county commissioners. shall be composed of seven members consisting of (b) In the event that any advisory board mem- 1 one member from the Immokalee Community ber is absent from two consecutive board meet- .' Park District, six members from the Naples and ings without a satisfactory excuse acceptable to Urban Area Community Park District. the board chairman, the board chairman shall (b) Members of the advisory board shall be state such fact at the next regularly scheduled appointed by and serve at the pleasure of the board meeting and shall thereafter notify, in board of county commissioners. Said members writing, the public services administrator or his shall be permanent residents within the commu designee of the board member's failure to attend nity park district that they represent, and all without satisfactory excuse. The board of county shall be electors of the county. commissioners shall review the board chairman's notification at a county commission meeting and (c) Appointment of members to the advisory shall declare the board member's position to be board shall be by resolution of the board of county vacant if the board of county commissioners con- commissioners, which resolution shall set forth curs that the board member was absent from two the date of appointment and the term of office. consecutive board meetings without a satisfactory (Ord. No. 93-81, § 2; Ord. No. 99-24, § 1, 3-23-99) excuse and shall promptly fill the vacant position. The board member shall not serve at any meet- Sec. 98-28. Terms of office. ings after his position is declared vacant. The initial terms of office of the members of the (c) If any member of the advisory board is parks and recreation advisory board shall be as absent for more than one-half of the board's follows: meetings in a given fiscal year,it shall be deemed (1) Two members will serve until December that the member has tendered his resignation 31, 1993. from such board.The board of county commission- ers shall as soon as practicable after such resig- *Cross reference—Boards,commissions and authorities, nation declare the position to be vacant and shall §2-816 et seq. promptly act to fill the vacancy. The board mem- Supp. No.48 CD98:3 ARTICLE I. IN GENERAL Sec. 98-1. Reserved. Editor’s note—Ord. No. 2012-31, § 1, adopted Sept. 11, 2012, repealed § 98-1, entitled "Expenditures for lighting", which derived from: Laws of Fla. ch. 63-713, § 1; Laws of Fla. ch. 71-29. [Sec. 98-2. Cast net fishing in Ann Olesky Park.] (a)Authority.This Ordinance is adopted pursu- ant to the provisions of F.S. ch. 125, and other applicable provisions of law. (b)Prohibition of Cast Net Fishing.Cast Net Fishing is hereby prohibited in Ann Olesky Park. (c)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. (Ord. No. 2019-41, §§ 1—3) Secs. 98-3—98-25. Reserved. ARTICLE II. PARKS AND RECREATION ADVISORY BOARD* Sec. 98-26. Creation. The creation and establishment of the parks and recreation advisory board is hereby confirmed and ratified. (Ord. No. 93-81, § 1) Sec. 98-27. Appointment and composition. (a) The parks and recreation advisory board shall be composed of eight members consisting of one member from the Immokalee Community Park District, six members from the Naples and Urban Area Community Park District, and one at-large alternate member. (b) Members of the advisory board shall be appointed by and serve at the pleasure of the board of county commissioners. Said members shall be permanent residents within the com- munity park district that they represent, and all shall be electors of the county. (c) Appointment of members to the advisory board shall be by resolution of the board of county commissioners, which resolution shall set forth the date of appointment and the term of office. (Ord. No. 93-81, § 2; Ord. No. 99-24, § 1, 3-23-99; Ord. No. 2022-01, § 1) Sec. 98-28. Terms of office. The initial terms of office of the members of the parks and recreation advisory board shall be as follows: (1) Two members will serve until December 31, 1993. (2) Three members will serve until December 31, 1994. (3) Two members will serve until December 31, 1995. Thereafter, each appointment or reappointment shall be for a term of four years. A member of the parks and recreation advisory board may be reappointed by the board of county commission- ers for one successive term. However, other qualified applicants may be considered for any vacancy. Appointments to fill any vacancies on the advisory board shall be for the remainder of the unexpired term of office. (Ord. No. 93-81, § 3) Sec. 98-29. Removal from office; failure to attend meetings. (a) Any member of the parks and recreation advisory board may be removed from office, with or without cause, by a majority vote of the board of county commissioners. *Cross reference—Boards, commissions and authori- ties, § 2-816 et seq. § 98-29PARKS AND RECREATION CD98:3Supp. No. 102 (b) In the event that any advisory board member is absent from two consecutive board meetings without a satisfactory excuse accept- able to the board chairman, the board chairman shall state such fact at the next regularly scheduled board meeting and shall thereafter notify, in writing, the public services administra- tor or his designee of the board member's failure to attend without satisfactory excuse. The board of county commissioners shall review the board chairman's notification at a county commission meeting and shall declare the board member's position to be vacant if the board of county commissioners concurs that the board member was absent from two consecutive board meetings without a satisfactory excuse and shall promptly fill the vacant position. The board member shall not serve at any meetings after his position is declared vacant. (c) If any member of the advisory board is absent for more than one-half of the board's meetings in a given fiscal year, it shall be deemed that the member has tendered his resigna- tion from such board. The board of county commissioners shall as soon as practicable after such resignation declare the position to be vacant and shall promptly act to fill the vacancy. The board member shall not serve at any meetings after his position has been declared vacant by the board of county commissioners. (d) A member of the advisory board shall be deemed absent from a meeting when he is not present during at least 75 percent of the meet- ing. (Ord. No. 93-81, § 4) Sec. 98-30. Officers; quorum; rules of procedure. (a) Annually the membership of the parks and recreation advisory board shall elect a chair- man and vice-chairman from among the members. Officers' terms shall be for one year, with eligibil- ity for reelection. (b) The presence of four or more members shall constitute a quorum of the board necessary to take action and transact business. In addi- tion, an affirmative vote of three or more members shall be necessary in order to take official action, regardless of whether four or more members of the board are present at the meeting. The alternate member shall vote only in the absence, disqualification or abstention of a regular Com- mittee member. (c) The board shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business and shall keep a written record of meetings, resolutions, findings and determinations. Copies of all board minutes, resolutions, reports, and exhibits shall be submit- ted to the board of county commissioners. (Ord. No. 93-81, § 5; Ord. No. 2022-01, § 2) Sec. 98-31. Reimbursement of expenses. Members of the board shall serve without compensation, but shall be entitled to receive reimbursement for expenses reasonably incurred in the performance of their duties upon prior approval of the board of county commissioners. (Ord. No. 93-81, § 6) Sec. 98-32. Functions, powers and duties. The functions, powers and duties of the parks and recreation advisory board shall be as fol- lows: (1) To evaluate, consider and review the acquisition of park property. (2) To consider and analyze the development of park and recreation facilities constructed on these park properties. (3) To review and provide input on parks and recreation programs, classes and special events. (4) To review and provide input on the Parks and Recreation Master Plan. (5) To solicit input from the public that may assist with the duties listed above. (6) To provide recommendations to the board of county commissioners on issues relat- ing to those duties specified above or other duties assigned by the board of county commissioners. § 98-29 COLLIER COUNTY CODE CD98:4Supp. No. 102 (7) The board may adopt and amend guidelines to govern their operation, subject to approval by the board of county commissioners. (Ord. No. 93-81, § 7) § 98-32PARKS AND RECREATION CD98:4.1Supp. No. 102 Ch. 74,§98-29 COLLIER COUNTY CODE (b) In the event that any advisory board shall be necessary in order to take official action, member is absent from two consecutive board regardless of whether four or more members of meetings without a satisfactory excuse accept- the board are present at the meeting. able to the board chairman, the board chairman (c) The board shall, by majority vote of the shall state such fact at the next regularly entire membership, adopt rules of procedure for scheduled board meeting and shall thereafter the transaction of business and shall keep a notify,in writing,the public services administra- tor or his designee of the board member's failure written record of meetings, resolutions, findings to attend without satisfactory excuse. The board and determinations. Copies of all board minutes, of county commissioners shall review the board resolutions,reports,and exhibits shall be submit- chairman's notification at a county commission ted to the board of county commissioners. meeting and shall declare the board member's (Ord. No. 93-81, § 5) position to be vacant if the board of county Sec. 98-31. Reimbursement of expenses. commissioners concurs that the board member was absent from two consecutive board meetings Members of the board shall serve without without a satisfactory excuse and shall promptly compensation, but shall be entitled to receive fill the vacant position. The board member shall reimbursement for expenses reasonably incurred not serve at any meetings after his position is in the performance of their duties upon prior declared vacant. approval of the board of county commissioners. (Ord. No. 93-81, § 6) (c) If any member of the advisory board is absent for more than one-half of the board's Sec. 98-32. Functions, powers and duties. meetings in a given fiscal year, it shall be deemed that the member has tendered his resigna- The functions, powers and duties of the parks tion from such board. The board of county and recreation advisory board shall be as fol- commissioners shall as soon as practicable after lows: such resignation declare the position to be vacant (1) To evaluate, consider and review the and shall promptly act to fill the vacancy. The acquisition of park property. board member shall not serve at any meetings after his position has been declared vacant by (2) To consider and analyze the development the board of county commissioners. of park and recreation facilities constructed on these park properties. (d) A member of the advisory board shall be (3) To review and provide input on parks deemed absent from a meeting when he is not and recreation programs, classes and present during at least 75 percent of the meet- special events. ing. (Ord. No. 93-81, § 4) (4) To review and provide input on the Parks and Recreation Master Plan. Sec. 98-30. Officers; quorum; rules of (5) To solicit input from the public that may procedure. assist with the duties listed above. (a) Annually the membership of the parks (6) To provide recommendations to the board of county commissioners on issues relat- and recreation advisory board shall elect a chair- ing to those duties specified above or man and vice-chairman from among the members. other duties assigned by the board of Officers'terms shall be for one year,with eligibil- county commissioners. ity for reelection. (7) The board may adopt and amend (b) The presence of four or more members guidelines to govern their operation, shall constitute a quorum of the board necessary subject to approval by the board of county to take action and transact business. In addi- commissioners. tion,an affirmative vote of three or more members (Ord. No. 93-81, § 7) Supp. No. 86 CD98:4 PARKS AND RECREATION Ch. 74,§98-58 Sec. 98-33. Duties of the public services neat and sanitary condition. No person shall administrator. dump,deposit,or leave any bottles,broken glass, The duties of the public services administra- tor or his designee shall be: grounds of the parks other than in proper receptacles provided therefor, and no such refuse (1) To administer the activities of the parks or trash shall be placed in any waters in or and recreation advisory board in contiguous to the park. While receptacles are so accordance with established policies of provided, all such rubbish or waste shall be the board of county commissioners and carried away from the park or beach access area guidelines adopted by the board. by the person responsible for its presence, and (2) To provide periodic written reports to the properly disposed of elsewhere. board, the county administrator and the (b) Definitions. The following words, terms board of county commissioners on the and phrases, when used in this section, shall activities of the board. have the meanings ascribed to them in this (3) To attend all board meetings. subsection, except where the context clearly (Ord. No. 93-81, § 8) indicates a different meaning: (1) Beach access area means any easement, Sec. 98-34. Review process. street, alley, right-of-way or any other The parks and recreation advisory board shall property deeded or dedicated to the public be reviewed once every four years commencing for the purpose of allowing the public in 1996, in accordance with chapter 2, article access to beaches across public or private VIII, division 2 of this Code. property. (Ord. No. 93-81, § 9) (2) County park means a land or water site publicly owned, operated, or controlled, Secs. 98-35-98-55. Reserved. that is used for public recreational purposes. The term "county park" shall ARTICLE III. PARK USE* include beach access areas which have been deeded or dedicated for public use. Sec. 98-56. Intent and purpose. (3) Department means the Collier County Parks and Recreation Department. It is the intent and purpose of this article to regulate the use of county parks so as to protect (4) Director means the Director of the Col- the health, welfare and safety of persons using Tier County Parks and Recreation Depart- the parks,and the general welfare of residents of ment. surrounding areas and of the county. It is to be (Ord. No. 76-48, §2;Ord. No. 87-3, § 1;Ord. No. liberally construed to effect that result. 07-66, § 1) (Ord. No. 76-48, § 1) Sec. 98-58. Prohibited acts. Sec. 98-57. Requirements concerning use of (a) No person shall within County park grounds and facilities. boundaries: (a) Generally. Each person using the county (1) Disobey the lawful and reasonable order public parks, grounds, and public beach access areas shall clean up all debris, extinguish all of a police officer or county park employee in the discharge of his duties or disobey fires when such fires are permitted, and leave or disregard the notices, prohibitions, the premises in good order, and the facilities in a instructions or directions on any park *Cross references—Public possession or consumption of sign, including rules and regulations alcoholic beverages, § 6-3; animals prohibited on beaches, posted on the ground or buildings in said § 14-36;camping near Gulf of Mexico,§94-1. parks. Supp. No. 86 CD98:5 Ch. 74,§98-58 COLLIER COUNTY CODE (2) Willfully, mark, deface, disfigure, injure, (7) Disturb the peace, use any profane, tamper with, or displace or remove any obscene or blasphemous language or do building, bridge, table, bench, fireplace, any indecent act. railing,paving,or paving material,water line or other public utility or parts (8) Endanger the safety of any person by any appurtenant thereof, signs, conduct or act. notices or placard whether temporary or permanent, (9) Commit any assault, battery or engage monuments,stakes,posts,or other bound- in fighting. ary markers or other structures or equip- ment, facilities or park property or (10) Carry, possess, or drink any alcoholic appurtenances whatsoever,either real or beverage in any park except as provided in the exemption set forth in subsection personal. (b)of this section or except at such times (3) Interfere with, encumber, obstruct or and in such manner as then not prohibited render dangerous any part of the park. by law and to the extent expressly authorized in advance and in writing by (4) Climb or lie upon any walls,fence,shelter, permit issued by the director of the depart- seat, statue, monument, or any other ment in strict adherence with policy rules structure. of the department approved by resolu- (5) Cut, break, injure, disturb, sever from tion of the board of county commission- the ground or remove any growing thing, ers. including but not limited to, any plant, (11) Enter or exit any park facility except at flower, flower bed, shrub, tree, growth or established entrance ways or exits, or at any branch,item, fruit or leaf thereof;or established times. bring into or have in his possession any county park any tool or instrument (12) Attach any posters or directional signs to intended to be used for the cutting thereof, trees. or any garden or agricultural imple- (13) Cause or permit a dog or other domestic ments or tools which could be used for animal to enter,except as provided in the the removal thereof; or pile or maintain exemption set forth in subsection (b) of any material or debris of any kind against this section. or upon the same or attach any rope, cable or other contrivance thereto; or set (14) Build fires except in specified areas in fire to any trees, shrubs, plants, flowers, county parks on cooking grills provided grass, plant growth or living timber, or therein. suffer any fire upon land to extend into (15) Drive any unauthorized vehicle on any park lands; or go upon any prohibited area within the park except the paved lawn, grass plot or planted area, except park roads or parking areas; park an at such times and in such matter as the authorized vehicle in other than an director of the parks and recreation established or designated parking area; department may designate. park any unauthorized vehicle in the (6) Throw, discharge, or otherwise place or county park area overnight. cause to be placed in the waters of any (16) Ride a bicycle on other than a paved fountain,pond,lake,stream,bay,or other vehicular road or path designated for body of water in or adjacent to any that purpose; leave a bicycle in a place county park or any tributary, stream, other than a bicycle rack when such is storm sewer, or drain flowing into such provided, or leave a bicycle lying on the waters, any substance, matter or thing, ground or paving or any place or position liquid or solid, which will or may result so as to present any obstruction to in the pollution of said waters. pedestrian or vehicular traffic. Supp. No. 86 CD98:6 PARKS AND RECREATION Ch. 74,§98-58 (17) Prevent any person from using any park, Gate Community Center shall or any of its facilities, or interfere with comply with all statutory require- such use in compliance with this section ments relating to the sale or posses- and the rules applicable to such use. sion of alcoholic beverages as set (18) Violate any rule for the use of the park forth in F.S. chs. 561 and 562, as which has been posted in a particular applicable. Specifically, no minors park pursuant to approval by the board shall possess or consume alcoholic beverages at the community center. of county commissioners. (19) Possess, carry and/or transport on or d. Arrangements for permission to sell about their person any glass container in or serve alcoholic beverages at the any beach access area. Golden Gate Community Center shall be made through the director (b) Exemption to prohibited acts. of the community center, or his (1) An exemption to subsection (a)(10) of designee. this section is hereby declared and e. The regularly established hours for established to permit the sale, consump the Golden Gate Community Center tion or possession of alcoholic beverages shall be observed with regard to the within the Golden Gate Community sale, consumption Center in accordance with the followingum Pon or possession of conditions: alcoholic beverages within the Golden Gate Community Center, or a. The sale,consumption or possession his designee. of alcoholic beverages shall be permitted only in conjunction with f. The sale,consumption or possession or accessory to a primary function of alcoholic beverages shall be for which the community center has permitted only within the Golden been rented (e.g., wedding, office Gate Community Center Building. party,holiday party,charitable func- tions, etc.). g. The person requesting permission to serve alcoholic beverages at the b. Any permit or temporary license for Golden Gate Community Center the sale of alcoholic beverages shall provide proof of insurance as a required by the division of alcoholic prerequisite to the sale or serving of beverages and tobacco including,but not limited to, F.S. § 561.422, shall alcoholic beverages. Such proof of insurance may take the form of a be a prerequisite to the sale or separate liquor liability insurance service of alcoholic beverages. It policy, liquor liability rider to shall be the sole responsibility of homeowners insurance, or other the person requesting permission to insurance approved by the county serve alcoholic beverages to acquire risk manager. In the event that all such permits or licenses and general liquor liability insurance is neither the Golden Gate Municipal provided by the county for all func- Services Taxing District nor the tions which sell or serve alcoholic county shall have any obligation or beverages, any person, group or responsibility to obtain or provide organization conducting such func- such permits or licenses. tion shall pay a proportional share c. The person requesting permission of the cost of such insurance as to serve alcoholic beverages and all determined by the county risk persons consuming or possessing manager and the director of the alcoholic beverages at the Golden community center. Supp. No. 86 CD98:7 Ch. 74,§98-58 COLLIER COUNTY CODE h. Either the director of the Golden dollars per violation with each day or Gate Community Center, or his partial day of violation counting as a designee, or a person designated by separate offense. the county department of parks and (Ord. No. 76-48, §3;Ord. No. 81-3, § 2;Ord. No. recreation shall be present during 88-7, § 1; Ord. No. 90-9, § 3;Ord. No. 07-66, § 2; the course of any function or activ- Ord. No. 2011-16, § 1; Ord. No. 2013-35, § 1) ity at which alcoholic beverages are sold, consumed or possessed at the Sec. 98-59. Hours. community center. Such person shall Except for unusual and unforeseen emergen- have the authority to immediately cies, county parks shall be open to the public terminate or cause the termination every day of the year during hours designated by of the sale, consumption or posses- the director of the parks and recreation depart- sion of alcoholic beverages where it ment. The pending and closing hours for each is determined that any requirement individual park shall be posted therein for public of this section has been violated. information. (Ord. No. 76-48, § 4) (2) An exemption to Subsection (a)(14) of Sec. 98-60. Conflict and severability. this section is hereby declared and established to permit domestic animals (a) In the event this article conflicts with within County Park boundaries for County other applicable law, the more restrictive shall approved recreational special events,(e.g., apply. If any portion of this article is in conflict petting zoo, dog shows,etc.),park ranger with an ordinance of any municipality within the county, it shall not be effective within the patrol, seeing-eye dogs for handicapped park patrons and law enforcement duties. municipality to the extent of such conflict. In addition, dog owners may take their (b) If any section,subsection,sentence,clause, dogs to nonrestricted areas provided that phrase, or portion of this article is, for any the dogs are in the immediate control of reason, held invalid or unconstitutional by any the owner at all times on an adequate court of competent jurisdiction, such portion leash not greater than six feet in length. shall be deemed a separate, distinct and The owner or person in charge or in independent provision of such holding and shall control of the domestic animal shall not affect the validity of the remaining portion remove all feces deposited by the animal thereof. and dispose of same in a sanitary manner. (Ord. No. 76-48, § 6; Ord. No. 81-3, § 3) Dogs shall remain excluded from any place where food or drinks are served, except within automobile parking areas and walks. No dog shall be allowed in or at bathing or swimming areas or in any body of water within a park area. No dog shall be permitted in a playground, preserve trail,athletic field,rest room,or other parks areas as posted. The Parks and Recreation Director has the right to prohibit animals from any park area. These areas shall be designated as such. Any person violating this section shall be guilty of an infraction, which shall be punishable by a fine of not less than fifty Supp. No. 86 CD98:8 Chapters 99-101 RESERVED CD99:1