Chapter 110 - Roads and BridgesChapter 110
ROADS AND BRIDGES*
Article I. In General
Sec. 110-1. Reserved.
Sec. 110-2. W. J. Janes Memorial Scenic Drive; camping at night prohibited.
Secs. 110-3—110-25. Reserved.
Article II. Construction in Public Rights-of-Way
Division 1. Generally
Sec. 110-26. Purpose.
Sec. 110-27. Definitions.
Sec. 110-28. Handbooks.
Sec. 110-29. Notification of property owners.
Sec. 110-30. Enclosure of swales.
Sec. 110-31. Permits.
Sec. 110-32. Removal of offending material.
Sec. 110-33. Rule of construction of this article.
Sec. 110-34. Conflict and severability.
Sec. 110-35. Penalties.
Secs. 110-36—110-40. Reserved.
Division 2. Collier County Swale/Culvert Conversion—Naples Park
Sec. 110-41. Findings and purpose.
Sec. 110-42. Title and citation.
Sec. 110-43. Applicability.
Sec. 110-44. Permit required and procedure.
Sec. 110-45. Record keeping of county.
Sec. 110-46. Responsibilities assumed by permittee.
Sec. 110-47. Type of materials acceptable for use.
Sec. 110-48. Size of pipe required.
Sec. 110-49. Inspection of permitted installations.
Sec. 110-50. Technical specifications for installation.
Sec. 110-51. Penalties.
Secs. 110-52—110-55. Reserved.
Article III. Newsracks in Public Rights-of-Way
Sec. 110-56. Title and citation.
Sec. 110-57. Definitions.
Sec. 110-58. Findings and purpose.
Sec. 110-59. Standards and requirements.
Sec. 110-60. Removal procedure.
Sec. 110-61. Agreements for specific geographic areas.
*Cross references—Revenue bonds for transportation, roads and related programs, § 2-631 et seq.; public possession or
consumption of alcoholic beverages, § 6-3; numbering of structures, § 22-346 et seq.; moving of buildings, § 22-381 et seq.; road
impact fee, § 74-321 et seq.; possession of guns on W. J. Janes Memorial Scenic Drive, § 94-61; discharge of firearms or hunting
in subdivisions, § 94-62; discharge of firearms in Golden Gate Estates subdivision, § 94-63; discharge of firearms in specified area
in Golden Gate Estates subdivision, § 94-64; planning, ch. 106; special districts pertaining to roads and street lighting, ch. 118;
traffic and vehicles, ch. 130.
Special act reference—Special acts pertaining to roads and bridges, ch. 254.
State law references—General power relative to roads, F.S. § 125.01(1)(m); county road system, F.S. ch. 336.
CD110:1Supp. No. 102
Sec. 110-62. Conflict and severability.
Secs. 110-63—110-70. Reserved.
Article IV. Bridges
Division 1. Generally
Secs. 110-71—110-90. Reserved.
Division 2. Fishing
Sec. 110-91. Authority.
Sec. 110-92. Restricted bridges.
Sec. 110-93. Posting of signs; punishment; interpretation.
Sec. 110-94. Repealing and superseding Resolution No. 2002-204.
Secs. 110-95—110-120. Reserved.
Article V. Communications Facilities in the County Rights-of-Way
Sec. 110-121. Purpose and intent.
Sec. 110-122. Definitions.
Sec. 110-123. Registration requirements.
Sec. 110-124. Involuntary termination of registration.
Sec. 110-125. General permitting requirements.
Sec. 110-126. Permitting requirements for small wireless facilities.
Sec. 110-127. Permitting requirements for new communications facilities,
wireless facilities, and wireless support structures.
Sec. 110-128. Administrative variances.
Sec. 110-129. Inspections.
Sec. 110-130. Abandonment.
Sec. 110-131. Performance guarantee.
Sec. 110-132. Indemnification.
Sec. 110-133. Moving, altering, or relocating equipment and facilities.
Sec. 110-134. Communication facilities previously in existence.
Sec. 110-135. Appeals.
Secs. 110-136—110-160. Reserved.
Article VI. Pedestrian Safety
Sec. 110-161. Title and citation.
Sec. 110-162. Definitions.
Sec. 110-163. Jurisdiction.
Sec. 110-164. Interactions with or impeding traffic on roadways and sidewalks.
Sec. 110-165. Use of medians by pedestrians.
Secs. 110-166—110-190. Reserved.
COLLIER COUNTY CODE
CD110:2Supp. No. 102
ROADS AND BRIDGES § 110-2
ARTICLE I. IN GENERAL said Section 13, 1042.90 feet; thence N
89°47'W, 154.34 feet to the P.C.of a curve
Sec. 110-1. Reserved. to the left; thence following said curve to
Editor's note—Ord.No.97-9,§21,adopted Jan.28,1997, the left having a radius of 338.27 feet and
repealed § 110-1, which pertained to procedure for naming, a central angle of 48 07 , 283.04 feet to
renaming roads.See the Code Comparative Table—Ordinance the P.T.; thence S 42°06' W, 759.10 feet;
Disposition. thence N 52°14'W, 95.00 feet to the place
of beginning; said point also being N
Sec. 110-2. W. J. Janes Memorial Scenic 66°41'50" W, 1079.27 feet from the said
Drive; camping at night prohib- SE corner of the NE quarter of Section 13;
ited. and said point of beginning also being on
(a) Camping during the nighttime on the right- a curve to the left the tangent of which
of-way of the W. J. Janes Memorial Scenic Drive, bears N 35°18' E, 167.83 feet to the point
described as: of intersection;thence following said curve
to the left having a radius of 961.622 feet
(1) A right-of-way 100 feet in width along the and a central angle of 19°48' 332.16 feet
so-called "Main Line" of the logging rail- to the P.T.; thence N 15°20' E, 830.74 feet
road used by the Lee Tidewater Cypress to the P.C. of a curve to the left; thence
Company from 1943 through 1957 and following said curve to the left having a
more or less beginning at a point being N radius of 1432.69 feet and a central angle
66°41'50" W, 1079.27 feet from the SE of 6°05', 152.08 feet to the P.T.; thence N
corner of the NE quarter of Section 13, 9°15' E, 343.87 feet to the P.C. of a curve
Township 52 South, Range 29 East, and
terminating at a point along the west line to the left; thence following said curve to
of Section 6,Township 51 South,Range 29 the left having a radius of 2010.12 feet
East, said west line also being the east and a central angle of 13°30'20", 473.79
line of Golden Gate Estates. feet to the P.C.C. of a curve to the left;
thence following said curve to the left
This right-of-way is located in the follow- having a radius of 3578.53 feet and a
ing sections, townships and ranges in central angle of 13°34'40", 848.00 feet to
Collier County, Florida: the P.T.; thence N 17°50' W, 2027.29 feet;
a. Township 52 South, Range 29 East: thence N 18°05'W,7339.00 feet to the P.C.
Sections 13, 12, 1, 2, 3, 4; of a curve to the left;thence following said
b. Township 51 South, Range 29 East: curve to the left having a radius of 4583.75
Sections 36 35 34 33 28 21 16 17 feet and a central angle of 7°00'20",560.44
' feet to the P.T.; thence N 25°05'20" W,
8, 7, 6; 117.29 feet to the P.C. of a curve to the
c. Township 51 South, Range 28 East: left;thence following said curve to the left
Section 1; having a radius of 1432.69 feet and a
d. Township 50 South, Range 28 East: central angle of 28°00', 700.00 feet to the
Sections 36,35,25,26,23, 14, 15, 10, P.C.C. of a curve to the left;thence follow-
9 4, 5; ing said curve to the left having a radius
and said right-of-way is being 100 feet in of 1033.811 feet and a central angle of
37 , 676.95 feet to the P.T.; thence S
width and lying 50 feet on each side of a °32
centerline more particularly described as 89 26 10 W, 1001.68 feet to the west line
of Section 36, Township 51 South, Range
follows: 29 East, said point being N 00°37'20" E,
(2) Commencing at the SE corner of the NE 9.73 feet from the SW corner of said
quarter of Section 13,Township 52 South, Section 36;thence S 89°36'40"W. 2850.44
Range 29 East, Collier County, Florida; feet;thence S 89°58'W,2464.69 feet to the
thence N 00°02' W along the east line of west line of Section 35,said point being N
Supp. No. 26 CD110:3
§ 110-2 COLLIER COUNTY CODEta"..)
00°02' W, 9.74 feet from the SW corner of (b) "Nighttime" as used herein means that
said Section 35;thence S 89°39'W, 1320.00 time between one-half hour after sunset and
feet; thence S 89°33'30" W, 1323.88 feet; one-half hour before sunrise the following morn-
thence S 89°26'10" W, 775.51 feet to the ing.
point of intersection with the south line of
Section 34; thence continuing S 89°26'10" (c) Violations of this section shall be punished
W, 844.61 feet; thence S 89°10'10" W, as provided by general law.
1026.27 feet to the west line of Section 3, (Ord. No. 69-2, §§ 1-3; Ord. No. 80-11, §§ 1, 3,4)
Cross references—Camping near Gulf of Mexico,§94-1;
said point being S 00°49'50" E, 17.47 feet possession of guns on W. J. Janes Memorial Scenic Drive,
from the NW corner of Section 3; thence §94-61.
continuing S 89°10'10" W, 12.77 feet to
the P.C. of a curve to the right; thence Secs. 110-3-110-25. Reserved.
following said curve to the right having a
radius of 764.489 feet and a central angle
of 15°01', 200.00 feet to the P.C.C. of a ARTICLE II. CONSTRUCTION IN PUBLIC
curve to the right; thence following said RIGHTS-OF-WAY*
curve to the right having a radius of
573.686 feet and a central angle of 50°00', DIVISION 1. GENERALLY
500.00 feet to the P.C.C. of a curve to the
right; thence following said curve to the Sec. 110-26. Purpose.
right having a radius of 688.156 feet and
a central angle of 25°32'20", 306.466 feet This article is to protect the public against
to the P.T.;thence N 00°17'30"W, 1720.89 hazards resulting from private construction in
feet; thence N 00°21'10" W, 11, 440.15 the public right-of-way, and to protect the struc-
feet; thence N 00°52'50" W, 669.72 feet to tural and physical integrity of Collier County-
the P.C. of a curve to the left; thence owned or Collier County-controlled public road
following said curve to the left having a right-of-way facilities and materials including and
radius of 674.686 feet,and a central angle not limited to roads, soils, bridges, and/or drain-
of 42°08', 495.69 feet; thence N 43°00'50" age facilities.
W, 2081.41 feet; thence N 43°17'45.21"W, The Collier County Land Development Code
5035.14 feet; thence N 45°28'41.17" W,
8460.08 feet;thence N 46°10'20"W,532.55 generally does not apply to County Transporta-
feet to the P.C. of a curve to the left; tion road projects within the road right-of-way,
thence following said curve to the left including related amenities, required as compo-
having a radius of 764.489 feet and a nents of public roadways, with the exception of
central angle of 17°10', 228.89 feet to the the following three (3) situations requiring dis-
P.T.; thence N 63°20'20" W, 63.95 feet to tinct treatment:
the P.C. of a curve to the left; thence Collier Area Transit Bus Shelters:
following said curve to the left having a
radius of 1011.51 feet and a central angle The Transportation Division shall obtain
of 23°06', 407.65 feet to the P.C.C. of a all necessary permits related to the con-
curve to the left; thence following said struction and installation of Collier Area
curve to the left having a radius of 2142.84 Transit Bus Shelters located within the
feet and a central angle of 4°31'19.42", *Editor's note—Ord. No. 2003-37, § 7, adopted June 24,
169.11 feet to the P.T.;thence S 89°02'20.58" 2003, repealed Ord. Nos. 82-91, 89-26 and 93-64, codified as
W, 2100 feet more or less to the west line §§ 110-26-110-33. Sections 1-6, 8-10 of said ordinance
of Section 6,Township 51 South,Range 29 have been included as a new art.II,§§110-26-110-34 to read
East, to the point of termination as herein set out.
Cross references—Buildings and building regulations,
ch.22;moratorium on issuance of permits for work in rights- / \jr
is hereby prohibited. of-way, §62-1.
Supp. No. 26 CD110:4
ROADS AND BRIDGES § 110-28
road right-of-way.In this regard,the Trans- County:Means the Transportation Services Di-
portation Division will coordinate and work vision of Collier County, the Collier County Corn-
with Community Development and Envi- munity Development and Environmental Ser-
ronmental Services (CDES) staff as re- vices Division,and any other division or department
quired for all permits related to the loca- of Collier County needed to assist the said trans-
tion and construction of such bus shelters. portation services division and/or the said com-
Road Noise Walls: munity development and environmental services
division in enforcement of this article.
The installation of Road Noise Walls is
not referenced or otherwise defined in the Existing facility: Means any construction, ex-
Land Development Code. The county pol- cavation,obstruction,hole,or other change to the
icy to be followed by the Transportation then existing structure and/or compaction of soil
Division as to the construction of Noise in any public right-of-way commenced prior to the
Walls is as follows: (1) if required as part adoption of this article,for which a Collier County
of a Transportation road project, a Noise right-of-way construction permit has not been
Wall located within the county road right- granted.
of way is not subject to the Land Devel-
Offending material: Means any object placed,
opment Code; (2) if a Noise Wall is not constructed, or grown in any public right-of-way
located in the county right-of-way and is with or without a Collier County permit and that
not a required component of a county road may endanger any person, damage the right-of-
project but rather is desired by private way, restrict existing or planned drainage, or
citizens for placement outside of the road impair normal maintenance,
right-of-way,then the persons seeking the
construction of such a wall shall be di- Responsible party: Means the individual, per-
rected to go through CDES and obtain the son, firm, private or governmental entity, corpo
permits required for the installation of a ration, association, department or authority un-
decorative wall as defined in the Land der whose control, authorization, or direction any
Development Code. offending material has been placed, constructed
Signs: or grown in any Collier County right-of-way, in-
All signs installed by the Transportation cluding any right-of-way under such control of
Collier County.Whenever the true identity of any
Division within the county road right-of-
such responsible party remains unknown after
way required by the United States Depart diligent inquiry, "responsible party" shall then
ment of Transportation's Federal High include all owners of the fee title to the real
way Administration as set forth in the property upon or over which the offending mate-
Manual on Uniform Traffic Control De-
rial has been placed.
vices (MUTCD) are not subject to the (Ord. No. 03-37, § 2, 6 24 03)
requirements of the Land Development
Code.All non-MUTCD signs such as com-
Sec. 110-28. Handbooks.
mercial signs, signs identifying neighbor-
hoods, and similar non-roadway signs if The 2009 version of the "Construction Stan-
permittable by the Transportation Divi- dards Handbook for Work within the Right-of-
sion are subject to the Land Development Way,Collier County,Florida"(the"Handbook)has
Code and shall meet all such require- been revised to provide for more updated methods
ments. and materials.As the landscaping and irrigation
(Ord. No. 03-37, § 1, 6-24-03; Ord. No. 2009-19, section of this manual requires more revisions on
§ 1) a regular basis than the Construction Handbook
as a whole,a separate 2009 version of a handbook
Sec. 110-27. Definitions. titled "Collier County Landscape and Irrigation
For the purpose of this article, the following Specifications for Beautification Improvements
words shall have the prescribed meanings. within the Public Right-of-Way" (the "Landscape
Supp.No.26 CD110:5
§ 110-28 COLLIER COUNTY CODE
Handbook") is created. Both of these 2009 Hand- Sec. 110-30. Enclosure of swales.
books are incorporated herein by reference and Except as specifically set forth in the "Collier
made a part hereof, and supersede any prior
Handbooks in all respects for all right-of-way County Swale/Culvert Ordinance Naples Park,"
permits applied for on or after the effective date of set forth below in Section 110-41 et seq., the
this Ordinance. All necessary future revisions of enclosure of swales within the public rights-of-
each of these two Handbooks shall be accom way is hereby prohibited. The transportation ad-
plished separately and by resolution adopted by ministrator or his designee is authorized to re
the Board of County Commissioners. view and approve deviations from this policy
(Ord. No. 03-37, § 3, 6-24-03; Ord. No. 2003-58, when documented by substantial competent evi-
§ 2, 11-18-03; Ord. No. 2009-19, § 2) dence in accordance with the guidelines set forth
in the handbook. In addition, the transportation
administrator or his designee will continually
Sec. 110-29. Notification of property own- inspect existing culverts and swale enclosures
ers. within the public rights-of-way to ascertain their
condition and their effect on the roadside drain-
(a) All utility companies shall contact the prop- age system, and will require any necessary re-
erty owners within the area of proposed construc- pairs and improvements to existing culverts and
tion for their project at least forty-five (45) days swale enclosures located within the public rights-
prior to the commencement of construction and of-way.
shall inform the property owners of the nature of (Ord. No. 2003-58, § 1, 11-18-03)
the forthcoming construction activity and its ex-
pected duration. This section shall apply to all Sec. 110-31. Permits.
new construction activity. This construction pro-
vision shall not apply to projects exempt from (a) It shall be unlawful for any responsible
permit requirements under the Construction Stan- party to dig, excavate, obstruct, or place any
dards Handbook. construction or other material, or perform any
other work which disturbs the existing structure
(b) The notifications shall be as follows: and/or compaction of soil in any right-of-way
provided for public use in Collier County, includ-
(1) Installation of underground facilities:Res- ing any public right-of-way maintained by Collier
idents whose properties are directly adja- County within the boundaries of any municipal
cent to the proposed utility facilities. corporation, without first obtaining a permit for
such work from the Collier County Transporta-
(2) Installation of overhead facilities on poles tion Operations Department as specified herein
less than 45 feet above grade: Residents or in the handbook.
within 100 feet of the proposed utility
facilities. (b) Application for each permit shall be made
on forms provided by Collier County. Such appli-
(3) Installation of overhead facilities on poles cation shall include, the following information:
of 45 feet or more above grade: Residents
within 300 feet of the proposed utility (1) The precise physical location of the con-
facilities. struction.
Utility companies will make their best (2) The type of facility to be constructed.
efforts to resolve concerns of residents (3) The method of construction to be used.
with proposed construction, however per-
mits will not be denied to utility compa-
nies (4) The expected time schedule for comple
nies unless the construction does not con-
form of construction.
form with standards set out in subsection (5) Sketches and drawings in duplicate to
110-26(f). completely depict the nature of the pro-
(Ord. No. 03-37, § 4, 6-24-03) posed construction. 1
Supp.No. 26 CD110:6
ROADS AND BRIDGES § 110-31
(6) All other information required in the hand- of appeal at a regularly scheduled board meeting.
book. The appellant may appear before the board, the
decision of the board shall be final.
(7) Additional information as may reason-
ably be required by Collier County due to (f) No permit shall be issued unless the pro-
unique conditions of the project or the posed construction conforms to the then current
permit requested, for example, a lane edition of the following referenced publications.
closure permit differs significantly from In the case of conflict or inconsistency, the more
an overweight or oversize permit. restrictive rule shall apply.
(c) The permittee shall be responsible for all (1) The handbook.
conditions of the permit and to pay the applicable
permit fee then established by resolution of the (2) Construction methods or specifications con
board of county commissioners (the board). tained in Florida Department of Transpor
tation(FDOT)Standard Specifications for
(d) The Collier County Transportation Opera- Road and Bridge Construction, and the
tions Department may take any of the following most current FDOT Road Design Stan-
actions on a permit application: dards,Construction,Maintenance and Util-
ity Operations on the State Highway Sys-
(1) Approve the permit based on the applica- tem.
tion as submitted.
(3) The most current FDOT Manual of Uni-
(2) Deny the permit based on insufficient form Minimum Standards for Design,Con-
information or site-specific information struction and Maintenance for Streets and
and data inconsistent with the require- Highways.
ments of the handbook or the Collier
County Land Development Code (LDC). (4) Collier County Land Development Code
(LDC, unless exempt under the existing
(3) Issue a notice of intent to issue a permit LDC or current Florida Statutory law.
valid for up to one year, based on the
applicant's proposed time frame for con- (5) Collier County Maintenance of Traffic Pol-
struction within the right-of-way. If work icy (CMA Instruction 5807, latest revi
will not begin within 30 calendar days of sion).
the date on which a permit would other- If standards for the proposed construction
wise be issued, then such notice of intent are not contained in these references, the
shall be issued in lieu of the actual per- Collier County Community Development
mit. Upon reactivation of the permit ap- and Environmental Services Division
plication by the applicant,the transporta- and/or Transportation Operations Depart-
tion operations department will review ment may impose additional conditions
the application to assure that no condi- and/or stipulations, including as to side-
tions have changed and either issue the walks/bikeways,traffic control devices,and
permit or revise any site-specific stipula- roadway improvements as part of the per-
tions to the permit prior to issuance. mit for the proposed construction.
(e) If the Collier County Transportation Oper- (g) All work performed under any Collier County
ations Department denies the issuance of such a permit shall be at the expense of the permittee
permit, the applicant may appeal the denial by and at no expense to Collier County.
filing a written notice of appeal with the board
(with a copy to the county clerk), not later than (h) The Collier County Transportation Opera-
ten working days after the effective date of the tions Department may suspend or revoke a per-
notice of denial. The board will hear the appeal mit whenever any stipulation and/or condition of
within 90 days from the date of the written notice the permit is not being fully and promptly com-
Supp.No. 26 CD110:7
§ 110-31 COLLIER COUNTY CODE /-U
plied with, or when deemed essential by Collier including accrued interest. Notice of such
County to protect the physical safety of the public. lien shall be filed in the office of the clerk
(Ord. No. 03-37, § 5, 6-24-03; Ord. No. 2003-58, of the circuit court and shall be recorded
§ 3, 11-18-03) in the public records of Collier County.
Sec. 110-32. Removal of offending material. (5) If any responsible person believes that
such expense certified to the Collier County
Offending material is a public nuisance and is Finance Director for removal of the offend-
subject to removal by Collier County as follows: ing material is excessive, he may appeal
the amount assessed by filing a written
(1) Upon becoming aware of the presence of notice of appeal with the board, with a
offending material, Collier County shall copy to the county clerk,within ten work-
attempt to notify any responsible party by ing days after receipt of the notice of the
certified mail,return receipt requested,or expense. The board should hear the ap-
other actual notice of the obligation to peal at its next convenient regularly sched-
remove the offending material not more uled meeting. The appellant may appear
than 30 days after receipt of such notice. before the board.The decision of the board
(2) After expiration of the 30-day grace pe- shall be final.
riod, Collier County may cause any then (6) The Collier County Tax Collector should
remaining offending material to be re keep complete records relating to the
moved and be disposed of in a reasonable amount payable for liens, as described in
manner at the expense of the responsible subsection (4), above, and the amounts of
person.
such liens should be included in tax state-
(3) If emergency removal is decided to be ments thereafter submitted to the own- / \l
necessary to protect the physical safety of er(s) of lands subject to such liens.
the traveling public and/or to protect pub- (Ord. No. 03-37, § 6, 6-24-03; Ord. No. 2003-58,
lic property, the offending material may § 3, 11-18-03)
be removed without any attempt to pro-
vide notice to any responsible person or Sec. 110-33. Rule of construction of this ar-
persons. tide.
(4) After removing the offending material and This article is cumulative and in addition to
after notifying any responsible person(by any other applicable Collier County ordinance,
such certified mail or other actual written rule or regulation. When construction is within
notice), the Code Enforcement Section of the boundaries of any municipality, any applica-
the Collier County Community Develop- ble ordinance,rule or regulation of that municipal
ment and Environmental Services Divi- corporation shall also apply.
sion shall certify to the Collier County (Ord. No. 03-37, § 8, 6-24-03; Ord. No. 2003-58,
Finance Director the expense incurred in § 3, 11-18-03)
remedying the condition and thereupon
such expense shall be due and payable in Sec. 110-34. Conflict and severability.
full within 30 days, after which a special
assessment lien will be made upon the In the event this article should ever conflict
property of the responsible person,which with any other ordinance of Collier County, or
shall be due and payable in full with applicable ordinance of any municipality,or other
interest at the rate of 11 percent per applicable law, rule or regulation, the more re-
annum from the date of such lien certifi- strictive shall apply. If any section, sub-section,
cation until paid. Such lien shall be en- sentence, clause, phrase or portion of this article
forceable in the same manner as a tax lien is for any reason held invalid or unconstitutional
in favor of Collier County and may be by any court of competent jurisdiction, such por- /`�
satisfied at any time by payment thereof tion shall be deemed a separate, distinct and 1
Supp.No. 26 CD110:8
`,/ ROADS AND BRIDGES § 110-45
independent provision and such holding shall not hereby find and determine that it is in the public
affect the validity of the remainder of this article. interest and the health, safety and welfare of its
(Ord. No. 03-37, § 9, 6-24-03; Ord. No. 2003-58, citizens to allow the conversion of swales to cul-
§ 3, 11-18-03) verts in the public rights-of-way within an area of
Naples Park, a platted subdivision located in
Sec. 110-35. Penalties. Collier County, Florida, provided a permit is ob-
(a) A violation of this article is a civil violation, tained pursuant to this division.
if any person, firm, corporation, or any other (Ord. No. 98-1, § 1)
entity having legal status, whether public or
private, shall fail or refuse to obey or comply with Sec. 110-42. Title and citation.
any provision(s) of this article, upon conviction This division shall be known and may be cited
thereof shall be punished by a fine not to exceed
$1,000.00 in the discretion of the court. Each day as the "Collier County Swale/Culvert Ordinance
of violation or non-compliance may be considered Naples Park
as a separate and distinct violation. In addition, (Ord. No. 98-1, § 2)
any person, firm, corporation or other entity con Sec. 110-43. Applicability.
victed of violating any provision of this article
shall pay all costs and expenses involved in the This division shall apply to and be enforced in
case. that area of Collier County,Florida known gener-
(b) Nothing herein contained shall prevent or ally as"Naples Park",the specific area thereof for
restrict Collier County from taking such other the purposes of this division is bounded by the
lawful action in any court or competent jurisdic- centerlines of the following public roadways:
tion as is necessary to prevent or remedy any (1) 111th Avenue on the North;
violation or non-compliance. Such other lawful
actions shall include, but shall not be limited to, (2) U.S. 41 on the East;
an equitable action for injunctive relief and an (3) 91`t Avenue on the South;
action at law for damages.
(4) Vanderbilt Drive on the West.
(c) Nothing in this article shall be construed to (Ord. No. 98-1, § 3)
prohibit Collier County from prosecuting any vi-
olation of this article by means of a code enforce- Sec. 110-44. Permit required and procedure.
ment board established pursuant to the authority
of F.S. ch. 162. No owner of a parcel of property may install a
(d) All remedies and penalties provided for in drainage culvert including pipes or other appur-
this article shall be cumulative and indepen tenances in the swales in the public rights-of-way
dently available to Collier County,which is autho-
rized to pursue any and all remedies set forth in permit is obtained. The owner of a parcel of
this article or otherwise lawful. property, or duly authorized agent, (hereinafter
(Ord. No. 03-37, § 10, 6-24-03; Ord. No. 2003-58, referred to as "owner" or "permittee") shall apply
§ 3, 11-18-03) for a right-of-way permit pursuant to the proce-
dures set for in Ordinance No. 93-64, as it may be
Secs. 110-36-110-40. Reserved. amended from time to time, or its successor
ordinance.
DIVISION 2. COLLIER COUNTY (Ord. No. 98-1, § 4)
SWALE/CULVERT CONVERSION—NAPLES Sec. 110-45. Record keeping of county.
PARK
The county transportation department will keep
Sec. 110-41. Findings and purpose. a record of all right-of-way use permits in the
The Board of County Commissioners of'Collier Naples Park subdivision for the enclosure of swales
County, Florida, (hereinafter the "Board") does and will prepare an annual report which will be
Supp.No. 36 CD110:9
Let COLLIER COUNTY CODE
sent each January to the Florida Department of Sec. 110-47. Type of materials acceptable for
Environmental Protection (FDEP), or its succes- use.
sor, if requested. The permittee shall provide a copy of the draw-
(Ord. No. 98-1, § 5) ing of the swale enclosure to the county, which
shall comply with the approved design of swale
enclosures prepared by the consulting firm of
Sec. 110-46. Responsibilities assumed by per- Agnoli, Barber, and Brundage, Inc., a copy of
mittee. which is attached as Exhibit "A" (dated Rev.
4/11/97) and incorporated herein by reference.
Permittee will utilize the services of a contrac- (1) The permittee shall design the enclosure
tor properly licensed to perform this type of work using this design unless otherwise ap-
in Collier County.The permittee is responsible for proved by the county.
payment of all construction for the swale enclo- (2) The materials used by permittee or its
sure.Permittee will also pay for all costs required agent shall meet Florida Department of
to replace missing, damaged or deteriorated pip- Transportation quality standards.
ing and related materials in the future. If the (3) The use of galvanized corrugated metal
county is required to replace missing, damage or pipe will not be permitted.Approved pipe
deteriorated piping because of health, safety and materials shall include slotted reinforced
welfare considerations, the permittee or his/her concrete pipe(Class III),perforated smooth
successor will pay the county all costs incurred by interior-walled high density polyethylene
the county after written notice of the costs is pipe, or perforated aluminized steel Type
provided by county to the permittee. 2 spiral rib pipe (14 gage minimum).
'rd. No. 98-1, § 6) (Ord. No. 98-1, § 7)
Sec. 110-48. Size of pipe required.
The size of pipe shall vary between locations, depending upon the street address. The following list
provides pipe sizes for the various street and blocks:
Street Name Block Number(s) Minimum Pipe Size*
91"t Ave. N. 500, 600, 700, & 800 18" diameter
92"Ave. N. 500,600, 700, & 800 18" diameter
93rd Ave. N. 500, 600, & 800 18" diameter
700 24"diameter
94th Ave. N. 500, 600, & 800 18" diameter
700 24" diameter
95t''Ave. N. 500 24"diameter
600, 700, &800 18" diameter
96th Ave. N. 500 24" diameter
600, 700, & 800 18" diameter
97t'Ave. N. 500 24" diameter
600, 700, & 800 18" diameter
98t''Ave. N. 500 24" diameter
600, 700, & 800 18" diameter
99th Ave. N. 500& 700 24"diameter
600 & 800 18" diameter
1.00t''Ave. N. 500 & 700 24"diameter
600&800 18" diameter
101"t Ave. N. 500 & 700 24" diameter
600 &800 18"diameter
102"Ave. N. 500 & 700 24" diameter
Supp. No, 36 CD110:10
ROADS AND BRIDGES § 110-50
Street Name Block Number(s) Minimum Pipe Size*
600 & 800 18" diameter
103'a Ave. N. 500 & 600 24" diameter
700&800 18" diameter
104th Ave. N. 500 &600 24" diameter
700 & 800 18" diameter
105th Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
106"Ave. N. 500 & 700 24" diameter
600 &800 18" diameter
107e Ave. N. 500& 700 24" diameter
600 & 800 18" diameter
1.08th Ave. N. 500 & 700 24" diameter
600 & 800 18" diameter
109"Ave. N. 500& 700 24" diameter T 600& 800 18" diameter
110th Ave. N. 500 &800 18" diameter
600 & 700 24" diameter
111`h Ave. N. 700 30" diameter
Vanderbilt Drive(East side) 91'Ave. N. to 110th Ave. N. 24" diameter
110th Ave. N. to 111th Ave. N. 18" diameter
6th Street N. All Blocks 18" diameter
7th Street N. All Blocks 18" diameter
8'Street N. All Blocks 15" diameter
{ * Note-19" x 30" slotted pipe can be used in place of 24" diameter pipe when needed.
The County shall have the authorization to perform construction,maintenance,and to enclose swales
and adjust pipe sizes as deemed necessary for the best interest of the Public's health, safety and welfare.
(Ord. No. 98-1, § 8; Ord. No. 2010-19, § 1)
Sec. 110-49. Inspection of permitted instal- lot property corner markers and the water and
lations. wastewater service lines. The county water
County community development services staff and wastewater departments shall be re
quested to mark the approximate line locations
will provide periodic inspections of the swale on the ground surface and the owner's contrac-
enclosure installations to ensure compliance with tor shall carefully uncover the lines to check for
the right-of-way permit and this article. Within elevation conflicts with the proposed swale
30 days of completion of the installation, a final modifications. The right-of-way use permit ap-
inspection must be made and notice of compliance plication shall include this information. If a
provided to the county transportation depart conflict occurs, the application shall contain
ment. adequate drawings and written statements to
(Ord. No. 98-1, § 9) provide for a proper resolution of the conflict(s),
including the possibilities of lowering/raising
Sec. 110-50. Technical specifications for in- the utility service line(s) by the county water
stallation. and wastewater departments staff.All costs to
The installations must be in compliance with raise or lower the county utility service lines
the following specifications: will be borne by the permittee.
Location of property corners and water/waste- Trenching. Excavation of the existing swale to
water service lines. Prior to issuance of a right- accommodate the proposed underlain pipe and
of-way use permit for swale enclosure, the rock trench shall extend to provide a minimum
property owner's contractor will locate the front of one foot of rock on both sides of the pipe, six
•
L.�
Supp.No. 36 CD110:11
‘‘,,r10-50 COLLIER COUNTY CODE
inches on the top and bottom of the pipe, and grate shall be installed at the top of the riser.
six inches of soil backfill over top of the rock Where reinforced concrete pipe is used, the
trench. During the course of the construction grate shall be placed in the pipe bell. Where
activities,excavated material shall be placed in other pipe materials are used, the grate shall
such a manner as to not restrict traffic move- be placed in a reinforced precast concrete collar
ments along the street or avenue. sized to fit the grate and pipe material. Mini-
mum dimensions for the reinforced precast
Geotextile installation. A nonwoven geotextile collar are six-inch thickness and 24-inch out-
fabric with a minimum weight of 4 ounces per side diameter(or 24-inch square outside dimen-
square yard (e.g. Mirafi NL140, Typar 3401, sion). The precast collar will be mudded to the
Synthetic Industries P0451,etc.)shall be placed riser pipe and placed on compacted backfill
in the excavated trench to separate the rock material. Where neighbors enclose the swale,
trench from the surrounding soil. Sufficient only one riser needs to be installed for each
fabric shall be provided to allow for a one foot segment of regraded shallow swale.
overlap at all seams. A second layer of fabric
shall be wrapped directly around the pipe with Placement of end berm. When the neighboring
a minimum one-foot overlap at all seams. property utilizes an open swale system instead
of an enclosed swale system, an end berm shall
Rock trench installation. The rock trench shall be constructed to separate the new regraded
be constructed using a washed,Florida Depart- shallow swale from the adjoining open swale.
ment of Transportation certified No. 57 stone. The purpose is to force all of the water from the
The stone shall be wrapped by the outer layer regraded shallow swale to drain into the riser
of geotextile fabric and shall extend a mini- inlet and into the underlying perforated pipe.
mum of one foot of rock on both sides of the pipe The top elevation of the end berm will be six
L /and six inches on the top and bottom of the inches higher than the riser inlet.
/ pipe.
End treatment of pipe. When the neighboring
Placement of pipe. After the bottom six inch property utilizes an open swale system instead
thickness of rock trench is placed, the inner of an enclosed swale system, a mitered end
layer of fabric shall be placed in the trench and section with concrete collar shall be required at
the pipe laid to proper grade. All pipe connec- the end of the pipe (unless the county's right-
tions shall be secure and the inner layer of of-way permit review determines the location
fabric wrapped completely around the pipe is not appropriate and deletes this mitered end
with a minimum one foot overlap at all seams. section requirement) and the neighbor's swale
Placement of the rock trench around the sides bottom shall be regraded (maximum bottom
and over the top of the pipe shall be performed slope of 4 horizontal to 1 vertical)to connect to
with due care to prevent the movement of the the installed perforated pipe invert (bottom
pipe. For pipe utilizing bell and spigot connec- inside elevation). When the neighboring prop-
tions, the bell shall be laid in the upstream erty utilizes an enclosed swale system, and
direction of flow. either the pipes are different materials or in-
vert elevations do not match, a Florida Depart-
Placement of risers. Twelve inch diameter min- ment of Transportation type "C" catch basin
imum risers shall be installed to allow the shall be utilized to make the connection. This
shallow swale to discharge into the underlying type "C" catch basin will also function as the
pipe. The recommended configuration utilizes
a manufactured "T" section but the use of
Florida Department of Transportation type"C"
catch basins are also acceptable when a man-
ufactured "T" section is not available or the
owner prefers the catch basin installation. The
top of the riser shall extend six inches above
the bottom of the swale. A cast iron slotted
1
..upp.No,;36 CD110:12
ROADS AND BRIDGES § 110-57
riser inlet. When the neighboring property both,in the discretion of the court.Each violation
utilizes an enclosed swale system,and the pipe or non-compliance shall be considered a separate
materials and invert elevations match, the offense.
pipes shall be connected directly. Nothing herein contained shall prevent or re-
Back filling and regrading of shallow swale. strict the county from taking such other lawful
Upon proper placement of the pipe within the action in any court of competent jurisdiction as is
rock trench, the nonwoven geotextile fabric necessary to prevent or remedy any violation or
non-compliance. Such other lawful actions shall
shall be overlapped a minimum of one foot
across the top of the rock and backfill sandy include, but shall not be limited to, an equitable
soil material placed a minimum of six inches action for injunctive relief or an action at law for
beneath the bottom of the shallow swale and damages.
regraded to the proper longitudinal and side Further, nothing in this section shall be con-
slopes. Maximum side slopes for the shallow strued to prohibit the county from prosecuting
(14" deep)regraded swale are 3 horizontal to 1 any violation of this article by means of code
vertical. The longitudinal slope of the swale enforcement board established pursuant to the
shall be directed toward the riser inlet(s).When authority of Chapter 162, Florida Statutes.
a reinforced concrete collar is used to secure All remedies and penalties provided for in this
the grate to the riser,the backfill material shall section shall be cumulative and independently
be thoroughly compacted to prevent settlement available to the county and the county shall be
and ensure that the collar can support any authorized to pursue any and all remedies set
weight placed on the grate. forth in this section to the full extent allowed by
Sodding and placement of sprinklers. Upon law.
completion of regrading, the disturbed areas (Ord. No. 98-1, § 11)
Cross reference—Construction in public rights-of-way,
shall be sodded with the same type sod as the § 110-26 et seq.
remainder of the yard,with the exception that State law reference—Penalties for ordinance violations,
where floratam sod is proposed, the owner F.S. § 125.69.
must provide for adequate sprinklers to keep
the sod alive. Finished elevations must not Secs. 110-52-110-55. Reserved.
project above the edge of pavement and shall
be in conformance with the detail drawing
prepared by Agnoli,Barber and Brundage, Inc. ARTICLE III. NEWSRACKS IN PUBLIC
attached as Exhibit "A"*. Sprinklers shall not RIGHTS-OF-WAY*
be installed within the right-of-way.Any sprin-
kler installations shall be on the owners prop—
erty and shall utilize spray heads that can cast This article shall be known and may be cited as
water across the width of the swale. the "Collier County Newsrack Ordinance".
(Ord. No. 98-1, § 10) (Ord. No. 86-55, § 2; Ord. No. 93-12, § 2)
Note—*Exhibit "A" is not set out herein but is available
for inspection in the offices of the county clerk.
Sec. 110-57. Definitions.
Sec. 110-51. Penalties. The following words, terms and phrases,when
used in this article, shall have the meanings
If any person fails or refuses to obey or comply ascribed to them in this section, except where the
with or violates any of the provision of this article, context clearly indicates a different meaning:
such person upon conviction of such offense, shall Newsrack means any self-service or coin-
be guilty of a misdemeanor and shall be punished operated box, container, storage unit or other
by a fine not to exceed $500.00 or by imprison-
ment not to exceed 60 days in the county jail, or *Cross reference—Roadside stands,§26-1.
Supp.No. 26 CD110:13
§ 110-57 COLLIER COUNTY CODEPi")
dispenser installed, used or maintained for the terfere with the publication, circulation,
display and sale of newspapers, periodicals or distribution or dissemination of any news-
other publications. papers or other publications.
Owner means the particular person who is (4) This article serves to establish a compre-
responsible for installing and/or maintaining a hensive set of regulations applicable to
newsrack. newsracks in the public right-of-way and
on other county property. A goal of this
Public property means parks, squares, plazas article is to advance and improve safety
and any and all other real property owned by the and aesthetics by controlling the size,
county. construction, placement and appearance
Public right-of-way means land dedicated or of newsracks without restricting the free
deeded to the public and accepted by the board of dispersal of information guaranteed by
county commissioners, occupied or intended to be the Constitutions of the United States
occupied by a street, driveway/access, crosswalk, and the state. More specifically, this arti
railroad, electric transmission line, oil or gas de is designed to promote the public peace,
pipeline, storm drainage way, water main, sani morals, health, safety and general wel
tary or storm sewer main, sidewalk/bicycle path fare by regulating the placement, appear
or for similar special use. ance, and servicing of newsracks to pro-
tect against the dangers of impairing or
Roadway means the portion of a street or distracting the vision of motorists and
highway, including shoulders, for the intended pedestrians;also to protect against unrea-
use of vehicles. sonable interference with the use of pub-
lic property for its intended purpose; and
Street means all that area dedicated to public to protect against undue restriction of
use for public street purposes and includes,but is access to the use of poles, posts, traffic
not limited to, roadways, parkways, alleys, medi- signs or signals, hydrants, mailboxes, or
ans and sidewalks. locations used for transportation pur-
(Ord. No. 86-55, § 3; Ord. No. 93-12, § 3) poses; and to limit unnecessary exposure
Cross reference—Definitions generally, § 1-2. of the county to personal injury or prop-
ertySec. 110-58. Findings and purpose. damage claims or suits; and public
display of harmful or offensive matters.
(a) The Board of County Commissioners does (b) This article is also enacted to:
hereby make the following findings:
(1) Protect against hazards that can result
(1) This article is consistent with the public from private construction in or the pres-
safety and welfare. ence of newsracks in a public right-of-
(2) This article is adopted pursuant to the way;
authority granted to counties by Fla.Const. (2) Protect against inadequate servicing of or
art.VIII,§ 1,F.S.ch. 125 and F.S.ch. 163, undue proliferation of newsracks result-
pt. II (F.S. § 163.3161 et seq.). ing in visual blight;
(3) The strong and competing interests of the (3) Provide for pedestrian and driving safety
public and of newspapers requires a rea- and convenience;
sonable accommodation which can only be (4) Restrict unreasonable interference with
satisfactorily achieved through the means the flow of pedestrian or vehicular traffic
of this article,which is designed to accom- including ingress into or egress from any
modate such interests by regulating the residence or place of business;
placement and appearance of newsracks.
It is not the intent of this article to in any (5) Provide reasonable access for the use and "1")
way discriminate against, regulate or in- maintenance of poles, posts, traffic signs
Supp.No.26 CD110:14
ROADS AND BRIDGES § 110-59
or signals, hydrants, mailboxes and ac- by the owner of the newsrack, unless the
cess to locations used for public transpor- consent of the owner or lessee of such
tation purposes; and property or object is obtained.
(6) Treat all publications equally regardless (4) Newsracks may be placed, chained or
of their content, circulation or frequency
of publication. otherwise attached to one another; how-
(Ord. No. 86-55, § 1; Ord. No. 93 12, § 1) ever, no more than three newsracks may
be joined or placed together in this man-
Sec. 110-59. Standards and requirements. ner, and a space of no more than three
inches shall separate each group of three
(a) No person shall install, use or maintain newsracks so attached.
any newsrack which projects onto, into, or over
any part of the roadway of any public street, or a. No more than 12 newsracks and/or
which rests,wholly or in part,upon,along or over under/over newsracks(including mod-
any portion of a roadway. ular newsracks) at any one location
on a first come, first served basis
(b) No person shall install, use or maintain shall be allowed. No newsrack in
any newsrack which in whole or in part rests county right-of-way shall be closer
upon, in, over or adjacent to any public right-of- than 1,320 feet from another
way or other public property, when such installa- newsrack on the same side of that
tion, use or maintenance endangers the safety of right-of-way if the other newsrack
persons or property, or when such site or location displays the same newspaper or pub-
is used for public utility purposes, public trans- lication. The 1,320 feet is measured
portation purposes or other governmental use, or via the most direct route for vehicle
when such newsrack unreasonably interferes with and/or pedestrian travel along acces-
sible impedes the flow of pedestrian or vehicular sible public right-of-way.
traffic including any legally marked or stopped
vehicle, the ingress into or egress from any resi- b. Exceptions may be granted by the
dence,place of business,or the use of poles,posts, development services administrator
traffic signs or signals, hydrants, mailboxes, or or other designee of the county ad-
other objects permitted at or near said location. ministrator if the presence of any
(c) Any newsrack which in whole or in part permanent physical barrier (canal,
rests upon, in or over any public right-of-way or interstate highway, etc.) makes it
other public property, shall comply with the fol- impracticable for persons to walk or
lowing standards: ride reasonably directly to a newsrack
location from any point within 1,320
(1) No newsrack,excluding any pedestal,shall feet from that newsrack location.
exceed 55 inches in height, 30 inches in
width, or 20 inches in depth. c. Exceptions maybe granted from this
(2) In instances where no sidewalks exist, 1,320 foot distance restriction upon
newsracks shall be located approximately a showing of special need.The Bevel
eight feet from the edge of the roadway opment services administrator or
where at least eight feet is available. other designee of the county admin
Newsracks placed adjacent to the wall of istrator may grant an exception to
a building shall be placed parallel to such the 1,320 foot separation that will
wall and not more than six inches from not be contrary to the public interest
the wall. when owing to special conditions a
literal enforcement of the provision
(3) No newsrack shall be chained, bolted or will result in unnecessary and un-
otherwise attached to any property or to due restriction. In order to grant an
any permanently fixed object not owned exception from the terms of the dis-
Supp.No.26 CD110:15
§ 110-59 COLLIER COUNTY CODE """)
tance separation provisions, the de- in the ground. Each newsrack shall be
velopment services administrator or constructed, installed and maintained in
other designee must find: a safe and secure condition.
1. That special conditions and cir- (7) No newsrack shall be installed, used or
cumstances exist which are pe- maintained:
culiar to the specific location
involved whereby there is good a. Within ten feet of any marked or
reason to authorize a newsrack unmarked crosswalk.
location at the site applied for; b. Within 25 feet of any hydrant, fire
2. That a literal interpretation of callbox or other emergency facility.
the 1,320 foot separation would c. Within ten feet of any driveway.
deprive the applicant and the d. At any location whereby the clear
public of an especially appropri-
space for the passageway of pedes-
ate site for a newsrack location; trians is reduced to less than four
3. That the exception granted is feet.
the minimum exception neces e. Within 75 feet of the nearest edge of
sary to provide for the espe any intersecting roadway pavement,
cially appropriate newsrack lo-
cation; and except as may otherwise be provided
for in a written newsrack agree-
4. That the granting of the excep- ment. See section 110-61. Driveways
tion will be in harmony with and alleys are not intersecting road-
the general intent and purpose way pavements.
of this article and that such
exception will not be injurious f. In or directly adjacent to the front
to the area involved or other yard of any single-family residence.
wise detrimental to the public (8) No newsrack shall be used for advertising
welfare. signs other than to promote the newspa-
d. In granting any exception,the devel- per, periodical or other publications con-
opment services administrator or tained therein; and any such advertising
other designee may prescribe appro- shall either be painted on the newsrack
priate safety related conditions and or enclosed in or made of a waterproof
safeguards in conformity with this material and kept free of tears,peeling or
article or other specifically applica- fading.
ble county ordinances. Violation of (9) Each newsrack shall be maintained in a
such safety related conditions and clean, neat and attractive condition and
safeguards,when made a part of the in good repair at all times.
terms under which an exception is
granted, shall be a violation of this (10) Each newsrack must show new publica-
article. tion activity at least every 30 days.
(5) No newsrack, unless securely chained, (11) Newsracks adjacent to or near public road
bolted or otherwise securely attached to rights-of-way must be located behind all
any property or permanently fixed object applicable building setback lines:
shall weigh in the aggregate less than 125 a. If the newsrack is being used by
pounds when empty. persons who are illegally stopping
(6) Every newsrack shall be installed level motor vehicles on the adjacent pub
and plumb. Every newsrack on a single lic road right-of-way; or
pedestal or a multiple post shall be se- b. Motorists drive motor vehicles onto
curely bolted to a level, concrete base set road shoulders to use a newsrack
Supp.No. 26 CD110:16
ROADS AND BRIDGES § 110-60
and thereby cause physical damage hearing so requested shall be granted as soon as
to the edge of the road, to the road practicable as a matter of right. If a written
shoulder,or to other tangible govern- request for a hearing is filed within the aforemen-
ment property. tioned 14-day period, said request shall operate
(d) Every person who places or maintains a as a stay on the 14-day compliance or removal
newsrack upon,in or over any public right-of-way period until such time as the code enforcement
or other public property shall permanently affix board has held a hearing on the alleged violation
each newsrack the owner's name, address, and
and rendered a decision thereon. Any owner dis-
to
telephone number in a place where such informa satisfied with the decision of the code enforce
tion may be easily seen. ment board may appeal such decision to a court of
competent jurisdiction. After removal of the
(e) No person shall sell, offer for sale, or keep newsracks, the owner shall again be given writ-
or maintain any newspaper, periodical, or other ten notice thereof. Upon failure of the owner,
publication in any newsrack on any public right- following such notice, to claim the newsrack and
of-way or other public property in such manner as pay the expenses of removal and storage plus
to expose to the public view any photograph, administrative expenses within 30 days after
cartoon or drawing, which displays nudity in a notice, except where an appeal of the decision of
manner which predominantly appeals to the pru- the code enforcement board has been filed, the
rient interest and taken as a whole, lacks serious newsrack shall be deemed unclaimed property in
literary, artistic, political or scientific value. possession of the county and may be disposed of
(f) The owner of each newsrack shall execute a pursuant to law.
document, approved as to form by the county
attorney, agreeing to defend, indemnify and hold (b) In the event of an emergency, where the
Lharmless the county, its officers, employees andinstallation,use or maintenance of any newsrack
./' agents from any claim, demand, or judgment in poses an imminent or immediate health or safety
favor of any person,arising out of the installation, hazard to pedestrians or vehicles, the develop
use or maintenance of any newsrack located upon, ment services administrator or any other person
in or over a public right-of-way or other public designated by the county administrator shall,
property. when feasible,give telephone notice to the newsrack
(Ord. No. 86-55, § 4; Ord. No. 93-12, § 4) owner of the nature of the emergency and afford
the owner the opportunity to remove or otherwise
Sec. 110-60. Removal procedure. relocate the newsrack. Where telephone notice is
not feasible or where the owner fails to remove or
(a) The owner of a newsrack that violates any relocate the newsrack following telephone notice
restriction in this article is granted 180 days from of the emergency, the development services ad-
the effective date of the ordinance from which this ministrator or any person designated by the county
article was derived to either cure the violation or administrator may summarily and temporarily
remove or relocate the newsrack. After the 180- remove or relocate such newsrack. Immediately
day grace period, any newsrack installed,used or following removal or relocation of any newsrack
maintained in violation of any provisions of this under these emergency procedures, the owner
article may, after 14 days' written notice, mailed shall be provided written notice of the action and
return receipt requested to the person designated the nature of the emergency necessitating such
pursuant to subsection 110-59(d),be removed and action. Upon failure of the owner following such
stored in any convenient place by the develop- written notice,to claim the newsrack and pay the
ment services administrator or any person desig- costs of removal or relocation and storage within
nated by the county administrator. Said notice 30 days after notice,the newsrack shall be deemed
shall give the owner the opportunity to first cure unclaimed property in possession of the county
the violation, if curable, or to file a written re- and may be disposed of pursuant to law. The
quest for a hearing before the code enforcement owner of any newsrack may file a written request
board in reference to such alleged violation. A for a hearing before the code enforcement board
Supp. No. 26 CD110:17
§ 110-60 COLLIER COUNTY CODE
after an emergency removal or relocation to dis- Secs. 110-63-110-70. Reserved.
pute the determination of an emergency and/or
the costs of removal or relocation sought by the
county, and in addition may claim and take pos- ARTICLE N. BRIDGES
session of the newsrack prior to the hearing. A
hearing so requested shall be granted as a matter DIVISION 1. GENERALLY
of right.Any owner dissatisfied with the decision
of the code enforcement board at such hearing
may appeal such decision to a court of competent Secs. 110-71-110-90. Reserved.
jurisdiction.
(Ord. No. 86-55, § 5; Ord. No. 93-12, § 5) DIVISION 2. FISHING
Sec. 110-61. Agreements for specific geo- Sec. 110-91. Authority.
graphic areas.
If a specific geographic area is subject to a This Ordinance is adopted pursuant to the
newsrack agreement among the county, one or provisions of F.S. ch. 125 and ch. 316, and other
more newsrack owners, and either: applicable provisions of law.
(Ord. No. 2004-34, § 1)
(1) A duly constituted homeowners' associa-
tion(or citizens'association)officially rec- Sec. 110-92. Restricted bridges.
ognized in a recorded plat relative to such
area; or (a) Fishing of any kind is hereby prohibited on
(2) A group comprised of the owners of more the following bridges:
than 50 percent of the land in the area Vanderbilt Drive: Bridge No. 030177 and
and who are also registered electors in the Bridge No. 030176
county; Plantation Parkway: Bridge No. 030210
no newsrack shall be allowed in any county right-
of-way in such area except as specified in the (b) Cast Net Fishing is hereby prohibited on
newsrack agreement. Each qualified association the following bridges:
or qualified group that desires a local newsrack Bluebill Avenue: Bridge No. 030149
agreement for its geographic area must apply for
same to the development services administrator. Chokoloskee Causeway:Bridge No.030161
There shall be no fee for any such application. Otherwise lawful fishing by means other than
(Ord. No. 86-55, § 6; Ord. No. 93-12, § 6) cast nets is not prohibited on these bridges.
(Ord. No. 2004-34, § 2)
Sec. 110-62. Conflict and severability.
(a) In the event this article or any provision of Sec. 110-93. Posting of signs; punishment;
this article conflicts with any other ordinance of interpretation.
the county clearly and expressly applicable to
newsracks, the more restrictive ordinance or pro- (a) The County Manager is hereby directed to
vision shall apply. post appropriate signs on these bridges stating
that fishing, or cast net fishing, as the case may
(b) Should any section or provision of this be, from the bridge is prohibited. The County
article be declared by a court of competent juris- Manager is further authorized to determine those
diction to be unconstitutional or invalid, such other county bridges upon which fishing, or cast
decision shall not affect the validity of this article net fishing, ought to be prohibited, and with
as a whole,or any part thereof other than the part approval of the Board of County Commissioners
so declared to be unconstitutional or invalid. by resolution, shall cause appropriate signage to
(Ord. No. 86-55, § 7; Ord. No. 93-12, § 7) be posted.
Supp.No. 26 CD110:18
ROADS AND BRIDGES § 110-122
(b) Fishing from a bridge upon which has It is the intent of the County to promote the
been posted signs as provided for herein is a public health, safety and general welfare by:
noncriminal traffic violation, punishable as a providing for the placement or maintenance of
pedestrian violation as provided in F.S. ch. 318. Communications Facilities in the County Rights-
of-Way within the County limits; adopting and
(c) This Ordinance shall be interpreted administering reasonable rules, regulations and
consistent with F.S. § 316.1305, Fishing from general conditions not inconsistent with State
state road bridges. and Federal law,including F.S. § 337.401(2016),
(Ord. No. 2004-34, § 3) as it may be amended from time to time, and in
accordance with the provisions of the Federal
Sec. 110-94. Repealing and superseding Telecommunications Act of 1996 and other Federal
Resolution No. 2002-204. and State law;establish reasonable rules,regula-
tions and general conditions necessary to manage
Collier County Resolution No. 2002-204,which the placement and maintenance of Communica-
established a fishing prohibition from Bridge No. tions Facilities in the County Rights-of-Way by
030210 on Plantation Parkway over the all Communications Services Providers;minimize
Everglades drainage canal, being incorporated disruption to the County Rights-of-Way; and
into this Ordinance, is hereby repealed and require the restoration of the County Rights-of-
superseded in its entirety as of the effective date Way to original condition.
of this Ordinance.
(Ord. No. 2004-34, § 4) This Ordinance is intended to supplement
Ordinance No. 03-37,as amended,the"Construc-
tion in Public Rights-of-Way Ordinance" (Article
Secs. 110-95-110-120. Reserved. II, Division 1 of this Chapter). To the extent
these ordinances differ,this ordinance shall control
with regard to Communications Facilities.
ARTICLE V. COMMUNICATIONS (Ord. No. 2017-27, § 1)
FACILITIES IN THE COUNTY
RIGHTS-OF-WAY Sec. 110-122. Definitions.
Sec. 110-121. Purpose and intent. For purposes of this Article, the following
words and phrases shall have the meanings
The Board of County Commissioners of Collier respectively ascribed to them:
County, Florida, hereby declares as a legislative (1) Antenna shall mean communications
finding that the County Rights-of-Way within equipment that transmits or receives
the County are a unique and physically limited electromagnetic radio frequency signals
resource that are critical to the travel and used in providing wireless services.
transport of persons and property within the
County; that the County Rights-of-Way must be (2) Applicable Codes shall mean the Collier
managed and controlled in a manner that County Land Development Code and
enhances the health, safety and general welfare uniform building, fire, electrical, plumb-
of the County and its citizens; and that the use ing, or mechanical codes adopted by a
and occupancy of the County Rights-of-Way by recognized national code organization or
providers of communications services must be local amendments to those codes enacted
subject to regulation which can ensure minimal solely to address threats of destruction of
inconvenience to the public, coordinate users, property or injury to persons,which have
maximize available space, reduce maintenance been adopted as part of the Collier County
and costs to the public, and facilitate entry of an Code of Ordinances and which help imple-
optimal number of providers of cable, telecom- ment the requirements of F.S. § 337.401.
munications, and other services in the public The term includes objective design
interest. standards adopted in this Article that
Supp. No. 72 CD110:19
§ 110-122 COLLIER COUNTY CODE
require a new Utility Pole that replaces (b) A municipality that:
an existing Utility Pole to be of 1. Has a land area of less than
substantially similar design, material, five (5) square miles;
and color or that require reasonable spac 2. Has less than 10,000 residents;
ing requirements concerning the location
of ground-mounted equipment. The term and
includes objective design standards 3. Has, before July 1, 2017,
adopted in this Article that require a received referendum approval
Small Wireless Facility to meet reason- to issue debt to finance
able location context, color, stealth, and municipal-wide underground-
concealment requirements. ing of its utilities for electric
transmission or distribution.
(3) Applicant shall mean a person who
submits an application and is a Wireless (7) Collector Roadway shall mean any street
Provider or is an agent of a Wireless or roadway that provides a mix of mobil-
Provider. ity and land access functions, linking
major land uses to each other or to the
(4) Application shall mean a request submit- arterial highway system as per the Federal
ted by an applicant to the County for a Functional Classification Map maintained
permit. by the State of Florida Department of
Transportation District Office, as
(5) Arterial Roadway shall mean any street amended, and is owned by the County.
or roadway that constitutes the highest
degree of mobility at the highest speed, (8) Collocate or collocation shall mean to
for long, uninterrupted travel, and install, mount, maintain, modify, oper-
1 constitutes the largest proportion of total ate, or replace one or more Wireless
�•/ travel as per the Federal Functional Clas- Facilities on, under, within, or adjacent
sification Map maintained by the State to a Wireless Support Structure or Util-
of Florida Department of Transportation ity Pole. The term does not include the
District Office,as amended,and is owned installation of a new Utility Pole or Wire-
by the County. less Support Structure in the County
Rights-of-Way.
(6) County Utility Pole shall mean a utility
pole owned by the County in the County (9) Common Side-Lot Lines shall mean a
Rights-of-Way. The term does not include line drawn parallel to the side lot line at
a Utility Pole owned by a municipal the depth of a required side yard setback
electric utility, a Utility Pole used to as delineated in the County's Zoning
support municipally owned or operated Regulations.
electric distribution facilities,or a Utility (10) Communications Facility means a facil-
Pole located in the County Rights-of-Way ity that may be used to provide Corn-
within: munications Services,including Wireless
(a) A retirement community that: Facilities,Small Wireless Facilities,Micro-
Wireless Facilities,and Utility Poles that
1. Is deed restricted as housing contain communications elements.
for older persons as defined in Multiple cables,conduits,strands,or fibers
F.S. § 760.29(4)(b); located within the same conduit shall be
2. Has more than 5,000 residents; considered one Communications Facility
and for purposes of this Article.
3. Has underground utilities for (11) Communication Services means the
electric transmission or transmission, conveyance or routing of
distribution. voice, data, audio, video, or any other
Supp. No. 72 CD110:20
ROADS AND BRIDGES § 110-122
information or signals, including video (13) County means Collier County, including
services,to a point, or between or among any agency of or any other entity acting
points,by or through any electronic,radio, on behalf of the County and any officer,
satellite, cable, optical, microwave, or official, employee, agent, representative,
other medium or method now in existence or designee of the County, agency, or
or hereafter devised, regardless of the entity.
protocol used for such transmission or
conveyance, as per F.S. § 202.11, as (14) County Rights-of-Way means the surface,
amended. The term includes such the air space above the surface, and the
transmission, conveyance, or routing in area below the surface of any public
which computer processing applications street,highway,lane,path,alley,sidewalk,
are used to act on the form, code, or avenue, boulevard, drive, concourse,
protocol of the content for purposes of bridge,tunnel,park, parkway,waterway,
transmission, conveyance, or routing dock, bulkhead, pier, easement, public
without regard to whether such service is easement, or similar property in the
referred to as voice-over-Internet-protocol County, in which the County holds a
services or is classified by the Federal property interest or over which the County
Communications Commission as enhanced exercises legal control, and for which the
or value-added. The term does not include: County may lawfully grant a right of use
to any person for placement of any equip-
(a) Information services; ment or facility or similar use. The term
(b) Installation or maintenance of wiring "County Rights-of-Way,"shall not include
any other property owned or controlled
or equipment on a customer's by the County, including any building,
premises; fixture, structure,or other improvement,
(c) The sale or rental of tangible regardless of whether it is situated in the
personal property; County Rights-of-Way.
(d) The sale of advertising, including, (15) Emergency means a condition which poses
but not limited to,directory advertis- clear and immediate danger to the life,
ing; safety, or health of one or more persons,
(e) Bad check charges; or poses clear and immediate danger of
significant damage to property.
(f) Late payment charges; (16) Emergency Action means any action in
(g) Billing and collection services; and the County Rights-of-Way, including
repair, replacement, or maintenance of
(h) Internet access service, electronic any existing equipment or facility,which
mail service,electronic bulletin board is necessary to alleviate an emergency.
service, or similar on-line computer
services. (17) Equipment or Facility means any line,
conduit or duct, utility pole, transmis-
(12) Communication Services Provider shall sion or distribution equipment (e.g., an
mean a person who provides Communica- amplifier, power equipment, optical or
tion Services and is chartered by the electronic equipment,a transmission sta-
State of Florida,pursuant to F.S. §362.01. tion, switching or routing equipment),
A certificate to provide Competitive Local cabinet or pedestal, handhole, manhole,
Exchange Telecommunications (CLEC) vault, drain, location marker,
service or provide Alternative Access appurtenance,or other equipment or facil-
Vender (AAV) services granted by the ity associated with communications
Public Service Commission does not grant services located in the County Rights-of-
the right to provide Wireless Services. Way.
Supp. No. 72 CD110:21
§ 110-122 COLLIER COUNTY CODE
(18) FCC shall mean the Federal Communica- power and other services, and util-
tions Commission. ity poles or other support structures.
(19) Local Roadways shall mean any street or (23) Utility Pole shall mean a pole or similar
roadway which primarily serves to provide structure that is used in whole or in part
access to adjacent land and service to to provide Communications Services or
travel over relatively short distances as for electric distribution, lighting, traffic
compared to Collector Roadways or Arte- control, signage, or a similar function.
rial Roadways, as per the Federal The term includes the vertical support
Functional Classification Map maintained structure for traffic lights but does not
by the State of Florida Department of include a horizontal structure to which
Transportation District Office, as signal lights or other traffic control devices
amended. are attached and does not include a pole
(20) Micro-Wireless Facility shall mean a Small or similar structure fifteen (15) feet in
height or less unless the County grants a
Wireless Facility having dimensions no waiver for such pole.
larger than 24 inches in length, 15 inches
in width,and 12 inches in height,and an (24) Wireless Facility shall mean equipment
exterior antenna, if any, no longer than at a fixed location which enables wireless
11 inches. communications between user equip-
ment and a communications network,
(21) Person means any natural person or any including radio transceivers, antennas,
association, company, firm, partnership, wires,coaxial or fiber-optic cable or other
joint venture, corporation, governmental cables, regular and backup power sup
entity, or other legal entity. plies,and comparable equipment,regard-
(22) Small Wireless Facility shall mean a less or technological configuration, and
Wireless Facility that meets the follow- equipment associated with wireless com-
ing qualifications: munications. The term includes Small
Wireless Facilities. The term does not
(a) Each Antenna associated with the include:
facility is located inside an enclosure
of no more than six(6) cubic feet in (a) The structure or improvements on,
volume or, in the case of Antennas under, within, or adjacent to the
that have exposed elements, each structure on which the equipment
Antenna and all of its exposed ele- is Collocated;
ments could fit within an enclosure (b) Wireline backhaul facilities; and
of no more than six(6) cubic feet in
volume; and (c) Coaxial or fiber-optic cable that is
between wireless structures or Util-
(b) All other wireless equipment associ- ity Poles or that is otherwise not
ated with the facility is cumulatively immediately adjacent to or directly
no more than twenty-eight(28)cubic associated with a particular
feet in volume. The following types Antenna.
of associated ancillary equipment
are not included in the calculation (25) Wireless Infrastructure Provider shall
of equipment volume:electric meters, mean a person who has been certified to
concealment elements, telecom- provide telecommunications service in
munications demarcation boxes, the state and who builds or installs
ground-based enclosures, ground- wireless communication transmission
ing equipment, power transfer equipment, Wireless Facilities, or Wire-
switches, cutoff switches, vertical less Support Structures but is not a
cable runs for the connection of Wireless Services Provider.
�-/ Supp. No. 72 CD110:22
ROADS AND BRIDGES § 110-123
(26) Wireless provider shall mean a wireless (e) Proof of insurance or self-insuring status
infrastructure provider or a wireless adequate to defend and cover claims.
services provider.
(27) Wireless Services shall mean any services (3) Review and approval. Within thirty (30)
provided using licensed or unlicensed days after receipt of the information submitted
spectrum, whether at a fixed location or by the Applicant, the County shall determine
mobile, using Wireless Facilities. whether the applicant for Registration contains
all information and documentation required and
(28) Wireless Services Provider shall mean a shall advise the Applicant of any areas of
person who provides Wireless Services. deficiency in writing. The Applicant shall resubmit
(29) Wireless Support Structure shall mean a the required information and documentation
freestanding structure, such as a within thirty(30)days of the date of the notice of
mono ole a deficiency,otherwise the application for Registra-
p guyed or self-supporting tion is considered withdrawn. A notice of
tower, or another existing or proposed deficiency and/or denial of Registration shall not
structure designed to support or capable preclude an Applicant from reapplying or filing
of supporting Wireless Facilities. The
term does not include a Utility Pole. subsequent applications for Registration under
the provisions of this Section. An Applicant has
To the extent these definitions differ from the thirty (30) days after receipt of the notice of
definitions set forth in the "Advanced Wireless denial to appeal the decision as provided herein.
Infrastructure Deployment Act" as amended,the
definitions of the Act shall control. (4) Cancellation. A Registrant may cancel a
(Ord. No. 2017-27, § 2) Registration upon written notice to the County
stating that it will no longer place or maintain
Sec. 110-123. Registration requirements. any Communications Facilities in the County
Rights-of-Way and will no longer need to obtain
(1) Registration Required. Any Communica- permits to perform work in the County Rights-
tions Services Provider, Wireless Provider, or of-Way. A Registrant cannot cancel a Registra-
Wireless Infrastructure Provider that places or tion if the Registrant continues to place or
seeks to place Facilities in the County Rights-of- maintain any Communications Facilities in the
Way shall register with the County. County Rights-of-Way.
(2) Registration Information.Any Communica- (5) Registration updates. Within thirty (30)
tions Services Provider, Wireless Provider, or days of any change in the information required
Wireless Infrastructure Provider shall provide to be submitted, a Registrant shall provide
the following information to the County: updated information to the County.
(a) Name of the registrant;
(6) Registration Renewal.Each Registrant shall
(b) If the registrant is a corporation or limited renew its Registration by April 1 of years ending
liability company,proof of authority to do in "0" or "5" (such as 2020, 2025, 2030, etc.) in
business in the State of Florida; accordance with the registration requirements of
(c) Name, address, telephone number, and this Article. Registration renewals shall include
electronic mail address of a contact person an inventory of the Registrant's newly installed
for the registrant; Communications Facilities or Abandoned Com-
munications Facilities within the County Rights-
(d) The number of the registrant's current of-Way placed since the most recent renewal or
certificate of authorization issued by the update. Failure to renew a Registration may
Florida Public Service Commission, the result in the County restricting the submittal
Federal Communications Commission,or and acceptance of any additional Permit applica-
the Department of State; and tions until the Communications Services Provider,
�-- Supp. No. 72 CD110:23
§ 110-123 COLLIER COUNTY CODE
Communications Facility Provider or the Pass- (c) The abandonment by the Registrant of
Through Provider has complied with the Registra- any of its Communications Facilities in
tion requirements of this Article. the County Rights-of-Way; or
(7) Notice of Transfer, Sale or Assignment of (d) Substantive and material repetitive viola-
Assets in County Rights-of-Way. An Applicant tions of any of the provisions of this
shall not sell, transfer, lease, assign, sublet or Article.
dispose of,in whole or in part,either by forced or
involuntary sale, or by ordinary sale, consolida- (2) Notice of Intent to Terminate. Prior to
tion or otherwise, a Registration granted pursu- termination, the Registrant shall be notified by
ant to this Article without having first provided the County Manager with a written notice set-
the County with at least thirty(30)days written ting forth all matters pertinent to the proposed
notice of the same. Further, any such Person to termination action,including the reason therefore.
whom such transfer has been made,must register The Registrant shall have thirty(30) days after
with the County in accordance with this Article receipt of such notice within which to address or
within sixty (60) days of the transfer. If Permit eliminate the reason or within which to present
Applications are pending in the Applicant's name, a plan, satisfactory to the County to accomplish
the transferee,buyer or assignee shall notify the the same. If the plan is rejected, the County
County that the transferee, buyer or assignee is shall provide written notice of such rejection
the new Applicant. within fifteen (15) days of receipt of the plan to
the Registrant and shall make a final determina-
(8) Compliance required. A Registrant shall tion as to termination of the Registration and the
at all times comply with and abide by all applicable terms and conditions relative thereto. A final
provisions of State and federal law and County determination to terminate a Registration may
ordinances, codes and regulations in placing or be appealed as set forth below.
Loi maintaining a Communications Facility in the
County Rights-of-Way. (3) Post Termination Action. In the event of
termination, following any appeal period, the
(9) A violation of the requirements of this former Registrant shall: (1) in accordance with
Section shall be a violation of this Article and the the provisions of this Article and as may otherwise
Applicant who is alleged to have violated any of be provided under state law,notify the County of
the provisions of this Section may be subject to the assumption or anticipated assumption by
the enforcement remedies set forth in this Article. another Registrant of ownership of the
(Ord. No. 2017-27, § 3) Registrant's Communications Facilities in the
County Rights-of-Way;or(2) provide the County
Sec. 110-124. Involuntary termination of with an acceptable plan for disposition of its
registration. Communications Facilities in the County Rights-
of-Way. If a Registrant fails to comply with this
(1) Involuntary Termination. The County may subsection,the County may exercise any remedies
terminate a Registration if: or rights it has at law or in equity,including,but
(a) A federal or state authority suspends, not limited to taking possession of the Communica-
denies,or revokes a Registrant's certifica- tions Facilities.
tion or license required to provide Com-
munications Services;
Sec. 110-125. General permitting require-
(b) The Registrant's use of the County Rights- ments.
of-Way presents a danger to the general
public or other users of the County Rights- (1) Applicability. The provisions of this Article
of-Way and the Registrant fails to remedy shall apply to County Rights-of-Way in both the
the danger promptly after receipt of writ- unincorporated areas of the County and those
ten notice; locations where the County holds a proprietary
Supp. No. 72 CD110:24
ROADS AND BRIDGES § 110-125
interest in the County Rights-of-Way. It shall not 4. The timetable for construction of
apply in the incorporated areas where the County the project or each phase thereof,
does not hold a proprietary interest. and the areas of the County which
will be affected;
(2) Proprietary Interests of the County.Because
of the proprietary interests the County holds in 5. A County-approved traffic control
the County Rights-of-Way,the placement of Corn- plan for vehicular and pedestrian
munications Facilities within County Rights-of- traffic in the area to be affected by
Way shall in all cases be subject to the the proposed work;
discretionary County Rights-of-Way permit 6 Proof of insurance;
process.
7. Identification and description of any
(3) Permit Required. Except for those exempt utility or other distribution or
activities specifically listed below, it shall be transmission system to which any
unlawful for any person to place any Communica- Equipment or Facility covered by
tion Facilities,Equipment or Facilities,or related the requested permit is to be con-
equipment in the County Rights-of-Way without netted or attached;
a County Right-of-Way Permit. 8. Drawings (in such detail and form
(a) Permit Applications.Applications to place as may be specified by the County)
a Wireless Facility in County Rights-of- which show: County Rights-of-Way
Way shall contain the following: in the area of the proposed construc-
tion;locations of all existing Equip-
1. The name and address of the ment and Facilities in the area of
Applicant who is requesting the proposed construction; all Equip-
permit and written evidence that ment and Facilities to be installed
such Applicant has legal authority or removed; the routes of all
to place, maintain, or remove the transmission and distribution lines
Equipment or Facilities covered by to be installed or removed; and the
the requested permit in the County sites of all other Equipment and
Rights-of-Way and will own and Facilities to be installed or removed
control all such Equipment and in the County Rights-of-Way;
Facilities after completion of
construction; 9. Application fee per the Collier
County Right-of-Way Fee Schedule,
2. An engineering plan signed and as may be amended from time to
sealed by a Florida Registered time; and
Professional Engineer, or prepared
by a person who is exempt from 10. Such additional information
such registration requirements as requested by the County that the
provided in F.S. §471.003,identify- County finds reasonably necessary
ing the location of the proposed to review the Application.
facility, including a description of (4) Exemptions. The following activities are
the facilities to be installed, where exempt from the requirements of this Article:
it is to be located, and the
approximate size of facilities and (a) Emergency Actions, but the County
equipment that will be located in reserves authority to require an after-the-
County Rights-of-Way; fact permit;
3. A description of the manner in which (b) Routine Maintenance and Repair of:Com-
the facility will be installed (i.e. munications Facilities, Wireless Facili-
anticipated construction methods ties, Small Wireless Facilities, Micro-
and/or techniques); Wireless Facilities, Wireless Support
Supp. No. 72 CD110:25
§ 110-125 COLLIER COUNTY CODE
Structures, or Utility Poles authorized to any provision of a permit, this Code, or any
be located within the County Rights-of- franchise,license,or other authorization, or that
Way; revocation is necessary to protect the public
(c) Installation, construction, or modifica- safety, or welfare.
tion of: Communications Facilities,Wire-
less Facilities, Small Wireless Facilities, (8) Avoidance of interference, displacement,
Micro Wireless Facilities, Wireless Sup damage or destruction or destruction of other
port Structures, or Utility Poles by the facilities, endangerment of life and property. A
County or approved as part of a County- Registrant shall not place or maintain its Corn-
initiated project within the County Rights- munications Facilities so as to interfere with,
of-Way; and displace,damage or destroy any facilities,includ-
ing(d) Placement or operation of Communica- but not limited to, sewers, gas or water
mains,storm drains,storm drainage lines,pipes,
tions Facilities in the County Rights-of-
cables or conduits of the County or any other
Way by a Communications Services Person's facilities lawfully occupying the County
Provider authorized by state law to oper Rights-of-Way and shall not endanger the life or
ate in the rights-of-way. Under F.S.
§ 362.01, any telegraph or telephone property of other persons.
company charted by this or another state, (9) Coordination with other work in County
or any individual operating or desiring to Rights-of-Way. Upon request of the County, and
operate a telegraph or telephone line, or as notified by the County of other work,construc-
lines,in this state,may erect posts,wires tion, installation or repairs, a Registrant is
and other fixtures for telegraph or
telephone purposes on or beside any public encouraged to coordinate Placement or
road or highway;provided,however,that Maintenance activities under a Permit with any
the same shall not be set as to obstruct or other work, construction, installation or repairs
interfere with the common uses of said that may be occurring or scheduled to occur
roads or highways. within a reasonable timeframe in the subject
County Rights-of-Way, and the Registrant may
(5) Emergency Action. Any person who be required to reasonably alter its Placement or
performs work in the County Rights-of-Way in Maintenance schedule as necessary so as to
connection with an Emergency Action without a minimize disruptions and disturbance in the
permit shall immediately notify the County of County Rights-of-Way.
the Emergency Action. The person shall cease
all work immediately upon completion of (10) Maintenance in accordance with industry
Emergency Action. The person shall also cease standards and applicable law. A Registrant shall
all work immediately upon receipt of a County maintain its Communications Facilities in good
stop work order determining the situation does condition,order and repair in a manner consistent
not involve an emergency or that the Emergency with accepted industry practice and applicable
Action is no longer warranted. law.
(6) Effective Life of Approved Permit Applica-
tion. A permit issued pursuant to an approved (11) Safety practices;encourage strengthening
application shall remain effective for one year utility infrastructure and infrastructure harden-
unless extended by the County for an additional ing plan. All safety practices required by
year. The County may only grant a single exten- applicable law or accepted industry practices
and standards shall be used during the place-
sion. ment or maintenance of Communications Facili-
(7) Revocation. The County may revoke any ties. The County strongly encourages
permit granted pursuant to this Article,without strengthening utility infrastructure and in
refunding any fees, if it finds that an Applicant particular as it relates to flooding and hurricane
has not complied with applicable law, including related events, and registrants are encouraged
Supp. No. 72 CD110:26
ROADS AND BRIDGES § 110-125
to implement an infrastructure hardening plan portion of the County Rights-of-Way (or
for any Communications Facilities within the as may otherwise be specified by the
County Rights-of-Way. County) and not more than 15 feet from
each other along the length of the affected
(12) As-Built Plans and GPS Coordinates. portion of the County Rights-of-Way (or
Upon completion of work authorized by a permit as may otherwise be specified by the
for a Small Wireless Communications Facility or County);
a Wireless Support Structure, in the event that
field work resulted in changes from the permit (c) Any work performed by an Applicant in
plans, the applicant shall furnish to the County the County Rights-of-Way, including
the exact GPS coordinates of the Small Wireless restoration, shall be completed by the
Communications Facility or Wireless Support completion date specified in the permit
Structure, at no cost to the County, and one or as otherwise specified or provided by
complete set of sealed as-built plans. The as- the County. Upon completion of work(or
built plans shall be in an electronic format at such time as may be specified by the
specified by the County. County if construction is not completed
(13) Discretion to Include Conditions. The by the completion date or construction is
County may include conditions on permits to terminated for any reason, including
ensure adherence to the County Code of revocation of the permit), the Applicant
Ordinances and adequate protection of the public's shall restore the County Rights-of-Way
health,safety and welfare. These conditions may to a condition which is at least as good as
include, but are not limited to, interim or its condition prior to commencement of
temporary restoration, patching, or resurfacing work. The Applicant shall perform
of the County Rights-of-Way during the construe- restoration of the County Rights-of-Way
tion period. in accordance with any specifications or
standards regarding materials or any
(14) Uniform Permit Conditions. All permits other matter specified by the County.
issued pursuant to this Article shall contain the The County may establish generally
following conditions: applicable restoration standards, which
(a) The Applicant shall remove any rubbish, apply unless the County specifies other
excess earth,rock,or other debris arising standards in a particular situation or
from or associated with any work may establish restoration standards on a
performed in the County Rights-of-Way case-by-case basis;
and any other property affected by such
work on a frequent and regular basis (or (d) If an Applicant fails to restore the County
as specifically directed by the County),to Rights-of-Way, including any paved
the satisfaction of the County,and at the surface, curbs, or fixtures, to a condition
expense of Applicant; at least as good as its condition prior to
commencement of construction or to
(b) Unless otherwise specified by the County, complete such restoration work by the
the Applicant shall illuminate through completion date specified in the permit
use of red lanterns, red lights, or red or as otherwise specified or provided by
torches any building material,machinery, the County,the County may perform any
motor vehicle,equipment,facility,or other work or undertake any other activity
object placed in the County Rights-of- which it deems necessary to complete
Way in connection with any work such work and/or restore the County
performed in the County Rights-of-Way, Rights-of-Way. The Applicant shall
between sunset and sunrise. The permit- reimburse the County for any such costs
tee shall place such illumination at a in an amount equal to the sum of the
distance of not more than five feet from actual cost of any work or other activity
each other along the width of any affected undertaken by the County plus 25 percent
Supp. Nu. 72 CD110:27
§ 110-125 COLLIER COUNTY CODE
of such cost as compensation to the County specified by the County)which show the
for general overhead and administrative locations of all the Applicant's existing
expenses associated with such work and equipment and facilities in the County;
shall pay such costs as directed by the
County and not later than 20 calendar (h) No Applicant may permanently activate
days after receipt of a bill; or place in service any equipment or
facility in the County Rights-of-Way until
(e) An Applicant shall guarantee and such time as the County has approved
maintain any County Rights-of-Way which such activation from the County. The
the County determines has been affected Applicant shall provide notice of comple-
or altered by any excavation in the County tion of construction of such equipment or
Rights-of-Way or any break or cut in any facility;
surface of the County Rights-of-Way made (i) Indemnification as required herein; and
by such Applicant for the 24 months
following the date of completion of restora (j) All as built plan shall be filed with
tion of the affected or altered County Sunshine 811 underground locating
Rights-of-Way either by the Applicant or service.
by the County. Such Applicant shall take (15) Permit errors. The issuance of a Permit
such action as the County deems neces- shall not prevent the County from thereafter
sary to correct any deficiencies in such requiring the correction of errors when in viola-
restoration work within such 24-month tion of this article.
period, shall commence such action not (Ord. No. 2017-27, § 5)
later than five calendar days after receipt
of notice from the County or such other Sec. 110-126. Permitting requirements for
date as may be specified by the County, small wireless facilities.
and complete such action promptly but
not later than the date or any other (1) Alternate Location Review. Upon receipt of
deadline established by the County. The a permit application to install a Small Wireless
County may elect to perform any such Facility,the County shall have fourteen(14)days
work itself or undertake any other activ- to review the application to determine whether
ity, which it deems necessary to correct the proposed Small Wireless Facility shall be
any such deficiency during such 24-month placed on an alternative County Utility Pole or
period. Such Applicant or person shall be may be installed on a new Utility Pole. In
liable to the County for any costs incurred making such a determination,the Administrator
in connection with any such corrective shall consider the following objective design
action in an amount equal to the sum of standards and reasonable spacing requirements
the actual cost of any work or other for ground based equipment:
activity undertaken by the County and (a) All Small Wireless Facilities shall use
shall make pay such costs as directed by camouflage techniques which incorporate
the County and not later than 20 calendar architectural treatment to conceal or
days after receipt of a bill; screen their presence from public view
through design to unobtrusively blend in
(f) An Applicant must provide photographic
or video documentation of the condition aestheticallywith the surrounding
of the County Rights-of-Way in the area environment;
affected by the proposed work post (b) New and replacement Wireless Support
construction; Structures and Utility Poles that support
Small Wireless Facilities shall match the
(g) An Applicant must provide as-built draw- style, design, and color of the existing
ings (in such detail and form as may be Utility Poles in the surrounding area.
Supp. No. 72 CD110:28
ROADS AND BRIDGES § 110-126
Further, all Wireless Support Structures tion was filed. A request for an alternate loca-
and Utility Poles shall meet current safety tion,and acceptance of an alternate location,or a
standards in Applicable Codes; rejection of an alternate location must be in
(c) Ground based equipment boxes for Small writing and provided by electronic mail. Addition-
Wireless Facilities must be located in ally, the design standards may be waived by the
areas with existing foliage or another County upon a showing by the Applicant that the
aesthetic feature to obscure the view of design standards are not reasonably compatible
the equipment box. Additional plantings for the particular location of a Small Wireless
may be required to meet this condition. Facility or that the design standards impose an
Any new landscaping in the County excessive expense. The waiver shall be granted
Rights-of-Way must be approved by the or denied within thirty(30)days after the date of
County Manager or designee, who may the request.
require a landscape maintenance agree- (3) Time for Completing Completeness Review
ment to be executed as a condition of the of Applications. For applications in which the
permit; County does not request use of an alternate
(d) For the Collocation on a County Utility location for small wireless facilities, the County
Pole,no facilities or equipment as defined must make a determination as to whether an
in Subsection 110-122(24)(b)of this Article application is complete within fourteen(14)days.
shall be mounted on exterior of the pole; If an application is deemed incomplete, the
County must specifically identify the missing
(e) If the alternate location is a new Utility information. An application is deemed complete
Pole,with the exception of electric meters if the County fails to provide notification to the
and disconnect switches,equipment such Applicant within fourteen (14) days.
as back-haul components shall not be
mounted on the exterior of the pole; (4) Applications Processed on a Nondiscrimina-
tory Basis. All applications shall be processed on
(f) No exposed wiring or conduit is permit- a nondiscriminatory basis. Thus, applications
ted; shall be processed on a first-come, first-served
(g) The grounding rod may not extend above basis.
the top of sidewalk and must be placed in
a pull box, and the ground wire between (5) Time for Completing Approval or Denial.
The County shall grant or deny an application
the pole and ground rod must be inside within sixty(60)days after receipt of the applica-
an underground conduit; and tion. If the County fails to act on a complete
(h) All pull boxes must be vehicle load bear- application within sixty (60) days, the applica-
ing, comply with FDOT Standard tion shall be deemed approved. If the County
specification 635 and be listed on the elects not to negotiate an alternate location, the
FDOT Approved Products List.A concrete Applicant and the County may mutually agree to
apron must be installed around all pull extend the review period. The County shall
boxes not located in the sidewalk. No grant or deny the application at the end of the
new pull boxes may be located in extended period.
pedestrian ramps.
(6) Notification of Approval or Denial. The
(2) Alternate Location Negotiation.The County County shall notify an Applicant of any approval
may negotiate any alternate location with the or denial by electronic mail on the same day a
Applicant. If an agreement is not reached within decision is made. If the County denies an applica-
thirty(30)days after the date the County requests tion, the denial must state in writing the basis
an alternate location, the Applicant must notify for the denial, including the specific code provi-
the County of such non-agreement and the County sions on which the denial was based. In the
must grant or deny the original application event of a denial, the Applicant may cure the
within ninety(90)days after the date the applica- deficiencies identified by the County and resubmit
Supp. No. 72 CD110:29
l § 110-126 COLLIER COUNTY CODE
the application within thirty (30) days after (d) Materially fails to comply with the 2010
notice of the denial. The County shall approve or edition of the Florida Department of
deny the revised application within thirty (30) Transportation Utility Accommodation
days after receipt or the application is deemed Manual,as may be amended from time to
approved. Any subsequent review shall be limited time; or
to the deficiencies cited in the denial. (e) Fails to comply with Applicable Codes.
(7) Consolidated Applications. An Applicant (11) Collocation on County Utility Poles. Col-
who seeks to Collocate Small Wireless Facilities location of Small Wireless Facilities on County
may, at the Applicant's discretion, file a Utility Poles shall meet the following require-
consolidated application and receive a single ments:
permit for the Collocation of up to thirty (30)
Small Wireless Facilities. If the application (a) The County may not enter into an
includes multiple Small Wireless Facilities, the exclusive arrangement with any person
County may separately address Small Wireless for the right to attach equipment to
Facility Collocations for which incomplete informa County Utility Poles.
tion has been received or which are denied. (b) The rates and fees for Collocations on
County Utility Poles must be
(8) Height Limitations for Small Wireless nondiscriminatory, regardless of services
Facilities. The height of Small Wireless Facilities provided by the Collocating person.
shall not exceed ten(10)feet above the Authority
Utility Pole, Utility Pole, or Wireless Support (c) The annual rate to Collocate a Small
Structure on which the Small Wireless Facility is Wireless Facility on a County Utility
to be Collocated. Pole shall be consistent with F.S.
§ 337.401.
(9) Height of Utility Poles.The height of a new (d) The County shall offer rates, fees, and
Utility Pole is limited to the tallest existing other terms that comply with this subsec-
Utility Pole as of July 1, 2017, located in the tion. By the later of January 1,2018,or 3
same right-of-way, other than a Utility Pole for months after receiving a request to Col-
which a waiver has previously been granted, locate its first Small Wireless Facility on
measured from grade in place within 500 feet of a Utility Pole owned or controlled by the
the proposed location of the Small Wireless County,the County shall make available
Facility. If there is no Utility Pole within 500 the rates,fees,and terms for the Colloca-
feet, the height of the new Utility Pole shall be tion of Small Wireless Facilities on the
limited to 50 feet. Utility Pole which comply with this subsec-
tion.
(10) Permitting Criteria.The County may deny
a proposed Collocation of a Small Wireless Facil- 1. The rates, fees, and terms must be
ity in the County Rights-of-Way if the proposed nondiscriminatory and competitively
Collocation: neutral and must comply with this
subsection.
(a) Materially interferes with the safe opera 2. For a County Utility Pole that sup
tion of traffic control equipment; ports an aerial facility used to
(b) Materially interferes with sight lines or provide Communications Services
clear zones for transportation,pedestrians, or electric service, the parties shall
or public safety purposes; comply with the process for make-
ready work under 47 U.S.C. s. 224
(c) Materially interferes with compliance with and implementing regulations. The
the Americans with Disabilities Act or good faith estimate of the person
similar federal or state standards regard- owning or controlling the pole for
ing pedestrian access or movement; any make-ready work necessary to
v Supp. No. 72 CD110:30
L ROADS AND BRIDGES § 110-126
enable the pole to support the than Wireless Services Providers
requested Collocation must include for similar work and may not include
pole replacement if necessary. any consultant fee or expense.
3. For a County Utility Pole that does (12) Attestation of Wireless Services. A Wire-
not support an aerial facility used less Infrastructure Provider must include within
to provide Communications Services its Application to place a Utility Pole in the
or electric service, the County shall County Rights-of-Way an attestation that the
provide a good faith estimate for Small Wireless Facility will be used by a Wire-
any make-ready work necessary to less Services Provider for the provision of Com-
enable the pole to support the munications Services within nine (9) months of
requested Collocation, including the date the application is approved. In the
necessary pole replacement, within event a Wireless Services Provider fails to provide
60 days after written acceptance of Communications Services within the nine (9)
the good faith estimate by the months of an approved application, the County
Applicant. Alternatively,the County may begin proceedings for revocation.
may require the Applicant seeking (13) Privately-Owned Utility Poles. Nothing
to Collocate a Small Wireless Facil- in this section authorizes a person to Collocate or
ity to provide a make-ready estimate attach Wireless Facilities,including any Antenna,
at the Applicant's expense for the Micro-Wireless Facility, or Small Wireless Facil-
work necessary to support the Small ity, on a privately-owned Utility Pole, a Utility
Wireless Facility, including pole Pole owned by an electric cooperative or a
replacement,and perform the make- municipal electric utility,a privately-owned Wire-
ready work. If pole replacement is less Support Structure,or other private property
required, the scope of the make- within the consent of the property owner.
ready estimate is limited to the
design,fabrication,and installation (14) Limitation on Permitting of Small Wire-
of a Utility Pole that is substantially less Facilities.Any permit approval by the County
similar in color and composition. for the installation, placement, maintenance, or
The County may not condition or operation of a Small Wireless Facility under this
restrict the manner in which the section does not authorize the provision of any
Applicant obtains, develops, or voice,data,or video Communications Services or
provides the estimate or conducts the installation, placement, maintenance, or
the make-ready work subject to usual operation of any Communications Facilities other
construction restoration standards than Small Wireless Facilities in the County
for work in the County Rights-of- Rights-of-Way.
Way. The replaced or altered Utility (15) The County shall not require approval or
Pole shall remain the property of require fees or other charges for:
the County.
(a) Routine maintenance;
4. The County may not require more
make-ready work than is required (b) Replacement of existing wireless facili-
to meet applicable code or industry ties with wireless facilities that are
standards. Fees for make-ready work substantially similar or of the same or
may not include costs related to smaller size; or
pre-existing damage or prior (c) Installation, placement, maintenance, or
noncompliance. Fees for make-ready replacement of micro-wireless facilities
work, including any pole replace- that are suspended on cables strung
ment, may not exceed actual costs between existing utility poles in compli-
or the amount charged to Com- ance with applicable codes by or for a
munications Services Providers other communications services provider
Y Supp. No. 72 CD110:31
§ 110-126 COLLIER COUNTY CODE
authorized to occupy the rights-of-way residentially zone district, but should
and who is remitting taxes under F.S. ch. any local roads be necessary they can
202. only be so used if a minimum width of a
Notwithstanding this paragraph,an authority 4-lane roadway,unless otherwise required
may require a right-of-way permit for work by State or Federal law;
that involves excavation,closure of a sidewalk, (d) New Communication Facilities, Wireless
or closure of a vehicular lane. Facilities, and Wireless Support
(Ord. No. 2017-27, § 6) Structures shall be located on Collector
Roadways and Arterial Roadways to the
Sec. 110-127. Permitting requirements for greatest extent possible. An Applicant
new communications facili- shall demonstrate through an engineer-
ties, wireless facilities, and ing analysis why it is unable to locate the
wireless support structures. proposed Communication Facilities,Wire-
(1) Permits Required. Unless required to be in less Facilities, and Wireless Support
the County Rights-of-Way by State or Federal Structures in such areas instead of on
law, New Communication Facilities, Wireless
Local Roadways;
Facilities and Wireless Support Structures,which (e) New Communication Facilities, Wireless
are not Small Wireless Facilities or new utility Facilities, and Wireless Support
poles designed to support Small Wireless Facili- Structures shall maintain a clear zone
ties, are not authorized in the County Rights-of- from the back-of-curb to the inward edge
Way. If State or Federal law requires a local of a Communication Facility, Wireless
government to allow a New Communications Facility, or Wireless Support Structure.
Facility, Wireless Facility, or Wireless Support Unless otherwise determined by the
Structure which is not a Small Wireless Facility County,there shall be a minimum six(6)
in the County Rights-of-Way, then the following foot wide pedestrian clear zone between
permitting requirements must be complied with: the back-of-curb and the outward edge of
(a) All new Communications Facilities,Wire- a Communications Facility,Wireless Facil
less Facilities, and Wireless Support
ity, or Wireless Support Structure;
Structures shall be located to avoid any (f) New Communication Facilities, Wireless
physical or visual obstruction to Facilities, and Wireless Support
pedestrian or vehicular traffic, or to Structures shall be located at least ten
otherwise create safety hazards to (10) feet from a driveway and at least
pedestrians, bicyclists, or motorists; thirty (30) feet from the center of exist-
(b) The separation distance between new ing trees with matured diameter of eight
and existing Communication Facilities, (8) inches or greater;
Wireless Facilities,and Wireless Support (g) The size and height of new Communica-
Structures shall be a minimum of 120 tion Facilities, Wireless Facilities, and
feet; Wireless Support Structures in the County
(c) New Communications Facilities, Wire- Rights-of-Way shall be no greater than
less Facilities, and Wireless Support the maximum size and height of any
Structures shall avoid being placed in other Utility Pole,Communications Facil-
County Rights-of-Way of a residentially ity,Wireless Facility or Wireless Support
zoned district, to the greatest extent Structure located in the County Rights-
possible. An Applicant shall demonstrate of Way within 500 feet of the proposed
through an engineering analysis why it structure;
is unable to locate new Communications (h) New Communication Facilities, Wireless
Facilities, Wireless Facilities, and Wire- Facilities, and Wireless Support
less Support Structures outside a Structures shall be placed along Common
Supp. No. 72 CD110:32
Y ROADS AND BRIDGES § 110-128
Side-Lot Lines and not in front of a pull box, and the ground wire between
residences, buildings, or places of busi- the pole and ground rod must be inside
ness; and an underground conduit; and
(i) Any new proposal to construct a new (g) All pull boxes must be vehicle load bear-
Communication Facility, Wireless Facil-
ity, or Wireless Support Structure must ing, comply with FDOT Standard
specification 635 and be listed on the
first demonstrate why the services cannot FDOT Approved Products List. A concrete
be Collocated on an existing Communica- apron must be installed around all pull
tion Facility, Wireless Facility, Wireless boxes not located in the sidewalk. No
Support Structure, or Utility Pole in the new pull boxes may be located in
County Rights-of-Way. pedestrian ramps.
(2) Design Requirements. New Communica- (Ord. No. 2017-27, § 7)
tions Facilities,Wireless Facilities, and Wireless
Support Structures shall meet the following Sec. 110-128. Administrative variances.
design requirements:
(a) All Communication Facilities shall use (1) Authority to Grant Administrative Vari
camouflage techniques which incorporate antes. The Hearing Examiner has the authority
architectural treatment to conceal or to grant an administrative variance up to ten
screen their presence from public view (10) percent of the separation requirements
through design to unobtrusively blend in contained herein for replacement of existing or
aesthetically with the surrounding new Communication Facilities, Wireless Facili-
environment; ties, or Wireless Support Structures. In making
such a determination, the Hearing Examiner
(b) New and replacement poles that support shall consider, but is not limited to, the follow-
Communication Facilities shall match the ing:
style, design, and color of the existing
poles in the surrounding area. Further, (a) The permitting standards outlined in
all poles shall meet current safety this Article;
standards such as using breakaway con (b) Any hardship associated with the land,
nections and the like; including the size, shape, and dimen-
(c) Ground-based equipment boxes must be sions of lots,and the presence of protected
located in areas with existing foliage or native habitats as specified by the
another aesthetic feature to obscure the Comprehensive Plan that affect the
view of the equipment box. Additional configuration of roads on the property;
plantings may be required to meet this
condition. Any new landscaping in the (c) The risk of creating unfavorable precedent;
County Rights-of-Way must be approved
by the County which may require a (d) The technology currently in use for Corn-
landscape maintenance agreement to be
munications Facilities;
executed as a condition of the permit; (e) The current available technology for Com-
(d) With the exception of electric meters and munications Facilities;
disconnect switches, equipment such as
back haul components shall not be (f) Any costs associated with upgrading Com-
mounted on the exterior of the pole;
munications Facilities;
(e) No exposed wiring or conduit is permit- (g) The risk of confusion that may cause or
ted; create delay in response time; and
(f) The grounding rod may not extend above (h) All applicable County, state, and federal
the top of sidewalk and must be placed in regulations.
Supp. No. 72 CD110:33
§ 110-128 COLLIER COUNTY CODE
(2) Fees. To the extent allowed by state law, (2) Expiration of Permit or Administrative
the Board is authorized to set reasonable fees Variance upon Removal. After the expiration of
and to process an administrative variance applica- the ninety(90)day period,or upon completion of
tion. Such fees shall be set by Board resolution. dismantling and removal, any permit or
Fees charged will substantially finance the administrative variance shall expire.
expenditures of administering this Article. No (Ord. No. 2017-27, § 10)
administrative variance shall be granted until
such time as all applicable fees are paid to the Sec. 110-131. Performance guarantee.
County.
(Ord. No. 2017-27, § 8) (1) Form of Surety.An Applicant shall provide
an executed County Rights-of-Way Use Bond or
Sec. 110-129. Inspections. other form of surety acceptable to the County
and the Office of the County Attorney in an
The County may conduct any inspection it amount of not less than$15,000.00 or as otherwise
deems necessary to administer and enforce this established by the Board of County Commission-
Article or any other County Codes, ordinances, ers,to ensure against any damage that may take
or regulations,or to enforce the conditions of any place within rights-of-way and easements. Surety
permit granted, or to enforce related regulations in an amount less than$15,000.00 is permissible
or policies. The County may order a work stop- if accompanied by a registered professional
page or revoke a permit,as it deems necessary in engineer's estimate that any cost of restoration
the case of a failure to comply with the provi- will be less than $15,000.00. All restoration
sions of this Article or the conditions of any shall leave the County Rights-of-Way or ease-
permit,or to otherwise protect the public health, ment in a condition which is as good as or better
safety, and welfare. than that which existed prior to construction.
L (Ord. No. 2017-27, § 9)
id (2) Discretion to Waive or Reduce Surety. The
Sec. 110-130. Abandonment. County may, in its sole discretion, waive or
reduce the amount of the guarantee otherwise
(1) Discontinuance of Use. In the event that required pursuant to this section for a small
an Applicant discontinues the use of any Com- project which involves minimal use of the County
munications Facility, Wireless Facility, Small Rights-of-Way and is not likely to result in any
Wireless Facility,Micro-Wireless Facility,or Util- damage to the County Rights-of-Way, any other
ity Pole for a period of one hundred eighty(180) property, or any person. Any such waiver must
consecutive days, the County shall deem it to be be in writing.
abandoned. The County shall determine the (Ord. No. 2017-27, § 11)
date of abandonment. In reaching such determina-
tion, the County may request documentation Sec. 110-132. Indemnification.
and/or affidavits from the Applicant regarding
the active use of the tower. If the Applicant fails Any Applicant who makes any excavation in
to provide the requested documentation,a rebut- the County Rights-of-Way, makes any break or
table presumption shall exist that the Applicant cut in any surface of the County Rights-of-Way,
has abandoned the Communications Facility. deposits any earth or other material in the
The Applicant shall have ninety (90) days from County Rights-of-Way, places any Equipment or
the date of the notice of the County's determina- Facility in the County Rights-of-Way, modifies
tion of abandonment to do one of the following: any Equipment or Facility,or performs any other
work in the County Rights-of-Way shall defend,
(a) Reactivate the use; indemnify, and hold harmless the County from
(b) Transfer ownership to another Applicant and against any liability or claim for damages or
who makes actual use; or any other relief, including reasonable costs and
expenses arising from or in connection with any
(c) Dismantle and remove the use. act or failure to act by such Applicant in the
Supp. No. 72 CD110:34
County Rights-of-Way. Issuance of a permit or
inspection of work shall not affect the County's
right to indemnification. This section does not
constitute a waiver of any defense or immunity
as to any third party, which would otherwise be
available to the County.
(Ord. No. 2017-27, § 12)
Sec. 110-133. Moving, altering, or relocat-
ing equipment and facilities.
(1)Demand by County.Upon demand by the
County, an Applicant at their own costs shall
move, alter, relocate, or remove equipment or
facilities and restore any affected County Rights-
of-Way as may be required by the County and
shall complete any such work promptly or by
such date as may be specified by the County.
(2)Emergency Actions.In the event of an
emergency, the County may in its sole discretion,
move, alter, relocate, or remove any equipment
or facility and restore the affected County Rights-
of-Way. The Applicant shall be responsible for
repairing or replacing any affected equipment or
facility at its own cost and shall reimburse the
County for any costs incurred by the County in
moving, altering, relocating, or removing any
equipment or facility and in restoring the affected
County Rights-of-Way in an amount equal to the
sum of the actual cost of moving, altering, relocat-
ing, or removing any equipment or facility and
restoring the affected County Rights-of-Way
associated with such work and shall make any
payment due as directed by the County and not
later than twenty (20) calendar days after receipt
of a bill.
(3)Failure to Timely Comply with Demand.If
an Applicant fails to fully comply with a demand
by the County pursuant to this section promptly
or by the date specified by the County, the
County shall have the right to:
(a) Declare that all rights and title to and
interest in the affected equipment or
facilities are the property of the County;
and/or
(b) Move, alter, relocate, or remove any such
equipment or facilities and restore the
affected County Rights-of-Way as it deems
necessary. The Applicant shall reimburse
the County for any costs incurred in
moving, altering, relocating, or removing
any equipment or facilities and restoring
the affected County Rights-of-Way in an
amount equal to the sum of the actual
cost of moving, altering, relocating, or
removing any equipment or facilities and
restoring the affected County Rights-of-
Way associated with such work and shall
make any payment due as directed by
the County and not later than 20 calendar
days after receipt of a bill.
(Ord. No. 2017-27, § 13)
Sec. 110-134. Communication facilities
previously in existence.
Communication Facilities in County Rights-of-
Way legally permitted or installed on or before
the effective date this Article was enacted shall
be considered a permitted and lawful use. In the
event that such Communication Facilities are
destroyed or voluntarily removed, any new Com-
munication Facility shall meet the requirements
of this Article.
(Ord. No. 2017-27, § 14)
Sec. 110-135. Appeals.
(1)Right to Appeal.Any person adversely
affected by the final decision of the County as to
both registration and permit applications shall
have the right to appeal that decision. An appeal
shall be made in writing through an Appeal
Form to the County within thirty (30) calendar
days of the final decision.
(2)Ruling by Hearing Examiner.The Hearing
Examiner shall rule on the administrative appeal
within fifteen (15) business days of receipt of the
appeal. In considering whether to affirm, reverse,
or modify the decision of the County, the Hearing
Examiner shall consider the comments and recom-
mendations of the County and any comments
from Appellant and shall consider, but is not
limited to the following factors:
(a) The findings expressed by the County;
(b) The permitting standards outlined in
this Article;
§ 110-135ROADS AND BRIDGES
CD110:35Supp. No. 102
(c) Any hardship associated with the land,
including the size, shape, and dimen-
sions of lots, and the presence of protected
native habitats as specified by the
Comprehensive Plan that affect the
configuration of roads on the property;
(d) Theriskofcreatingunfavorableprecedent;
(e) The technology currently in use for
telecommunications facilities;
(f) The current available technology for
telecommunications facilities;
(g) Any costs associated with upgrading
telecommunications facilities;
(h) The risk of confusion that may cause or
create delay in response time; and
(i) All applicable County, state, and federal
regulations.
(3) The Hearing Examiner's decision shall be
provided to Appellant in writing.
(Ord. No. 2017-27, § 15)
Secs. 110-136—110-160. Reserved.
ARTICLE VI. PEDESTRIAN SAFETY
Sec. 110-161. Title and citation.
This Ordinance shall be known as the Collier
County Pedestrian Safety Ordinance.
(Ord. No. 2022-02, § 2)
Sec. 110-162. Definitions.
For the purpose of this division, the following
definitions shall apply unless the context clearly
indicates or requires a different meaning:
Median means the portion of the roadway
separating the opposing traffic flows. Medians
can be depressed, raised, or flush.
Motor vehicles means any vehicle which is
self-propelled and every vehicle which is propelled
by electric power obtained from overhead trolley
wires, but not operated upon rails, but not
including any bicycle or moped as defined in this
section.
Pedestrian means any person afoot.
Person means any natural person, firm, co-
partnership, association, or corporation.
Sidewalk is the portion of the street right-of-
way intended for the use of pedestrians that is
between the curb and the adjacent property line.
If there is no curb or right-of-way parking area,
it is the portion of the street right-of-way intended
for the use of pedestrians that is between the
roadway and the adjacent property line. If there
is no curb but there is a right-of-way parking
area, it is the portion of the street right-of-way
intended for the use of pedestrians that is between
the right-of-way parking area and the adjacent
property line.
Traffic separator means a barrier, such as a
concrete wall, raised median, guardrail, fence, or
landscaped or gravel area, whether or not raised,
that is less than 6 feet in width placed between
lanes of a roadway to divide traffic moving in
opposite directions.
Travel lane means the portion of the roadway
dedicated to the movement of motor vehicles
traveling from one destination to another where
a motor vehicle may not remain stationary
indefinitely without eventually obstructing the
free flow of motor vehicle traffic, and not includ-
ing, shoulders, bicycle lanes, or on the street
parking. Travel lanes do not include sidewalks,
bike paths, private property, or streets closed to
vehicular traffic. The term shall include bike
lanes which are delineated but a contiguous part
of the street or highway pavement.
(Ord. No. 2022-02, § 3)
Sec. 110-163. Jurisdiction.
The provisions of this section shall be in effect
upon all streets and highways owned and
maintained by the county within the
unincorporated area of the county over which
Collier County has traffic control jurisdiction.
(Ord. No. 2022-02, § 4)
Sec. 110-164. Interactions with or imped-
ing traffic on roadways and
sidewalks.
1. A person shall not obstruct or prevent the
free use of sidewalks or crosswalks by other
persons.
§ 110-135 COLLIER COUNTY CODE
CD110:36Supp. No. 102
2. A person shall not willfully obstruct the
free, convenient, and normal use of a public
roadway by:
a. Impeding, hindering, stifling, retarding,
of restraining traffic or passage thereon;
b. Standing, sitting, walking, running, or
otherwise remaining in the roadway; or
c. Endangering the safe movement of
vehicles or pedestrians traveling thereon.
3. A person may not stand, sit, lie, walk upon,
or stay for any purpose in between two parallel
motor vehicle travel lanes. This prohibition does
not prohibit a person from lawfully crossing a
street.
4. This Section does not prohibit persons from
doing the following:
a. Delivering or offering to deliver a tangible
thing to an occupant of a motor vehicle or
receiving a tangible thing from an
occupant of a motor vehicle at a legal
stop in a travel lane when the person is
on the side of the vehicle that is closest to
the edge of the roadway and the vehicle
is located in one of the following loca-
tions:
i. On a one-way street with only one
travel lane, and the vehicle is located
in the travel lane;
ii. On a one-way street with two or
more lanes of travel, and the vehicle
is located in the travel lane that is
rightmost or leftmost from the
driver's viewpoint; or
iii. On a two-way street with two or
more lanes of travel, and the vehicle
is located in the travel lane that is
the rightmost from the driver's
viewpoint.
iv. In all interactions with motor
vehicles in the rightmost travel lane,
the person must stay on the right-
most side of the vehicle during the
interaction.
b. This prohibition shall not apply to the
following persons:
i. Government law enforcement officers, fire
rescue, or other government employees
acting within the scope of their
governmental employment and/or author-
ity;
ii. A person conducting legally authorized
collection of solid waste or recyclable or
recovered materials, construction work,
or maintenance work, or other legally
authorized work;
iii. A person responding to an emergency,
such as medical personnel, roadside
assistance, or towing and recovery person-
nel; or
iv. A person instructed to stand in the traf-
fic separator by law enforcement person-
nel or fire rescue personnel.
(Ord. No. 2022-02, § 5)
Sec. 110-165. Use of medians by
pedestrians.
No person shall stand, lie, sit, walk upon, or
stay for any purpose within any public median
that is six feet in width or less (a "traffic
separator"), except within areas that are specifi-
cally designated and marked for pedestrian access
as evidenced by a crosswalk within the median.
The prohibition regarding pedestrians in the
medians of less than six feet in width does not
apply to the following persons:
1. Government law enforcement officers, fire
rescue, or other government employees
acting within the scope of their
governmental employment and/or author-
ity;
2. A person conducting legally authorized
collection of solid waste or recyclable or
recovered materials, construction work,
or maintenance work, or other legally
authorized work;
3. A person responding to an emergency,
such as medical personnel, roadside
assistance, or towing and recovery person-
nel; or
§ 110-165ROADS AND BRIDGES
CD110:37Supp. No. 102
4. A person instructed to stand in the traf-
fic separator by law enforcement person-
nel or fire rescue personnel.
(Ord. No. 2022-02, § 6)
Secs. 110-166—110-190. Reserved.
§ 110-165 COLLIER COUNTY CODE
CD110:38Supp. No. 102
SEXUAL OFFENDERS AND SEXUAL PREDATORS § 111-33
ARTICLE I. IN GENERAL nated public or private facility where tempo-
rary housing, feeding, and/or any other service
Secs. 111-1-111-30. Reserved. or care is provided by employees and/or volun-
teers to individuals who are physically present
in such building or facility to obtain help,
ARTICLE II. TEMPORARY EMERGENCY shelter and/or care from employees or volun-
SHELTERS teers in anticipation of, or because of, an emer-
gency,including storm,hurricane,tornado,flood,
Sec. 111-31. Title. explosion, fire and/or any other natural, tech-
This article is,and may be cited as,the"Collier nological, man made, or other disaster event.
County Temporary Emergency Shelters Regard- "Sexual predator shelter" or "sexual offender
ing Sexual Predators and Sexual Offenders Ordi- shelter"means each temporary emergency shel-
nance." ter that has been identified and designated as
(Ord. No. 2007-37, § 1) such a shelter by the Collier County Sheriffs
Office, in conjunction with the Collier County
Sec. 111-32. Definitions. Emergency Management Department,at which,
applying this article,a"sex offender"or"sexual
The following words, terms and phrases,when predator" may lawfully be present in anticipa-
used in this article, shall have the meanings tion of, or because of, a then existing emer-
ascribed to them in this section, except where the gency or disaster event.
context clearly indicates a different meaning: (Ord. No. 2007 37, § 2)
"Any shelter" and "any other shelter" means
any building, structure or facility, including, Sec. 111-33. Sexual predators and sexual of-
and not limited to, residence, motel, hotel, fenders notification and regis-
‘..••=„ mobile home, apartment, co-operative apart- tration requirements.
ment,condominium,vessel and/or vehicle used (a) Duties of each sexual predator and/or sex
for help, care, eating, sleeping or to be under
roof or out of the weather. "Any shelter" and ual offender. Each individual who is required by
"any other shelter"includes sexual predator or Florida law, or by the law of that individual's
state of residency in the United States, or by any
sexual offender shelters and temporary emer
gency shelters. applicable law of the Government of the United
States or any agency thereof,to register in Collier
"Evacuate"means to go to any shelter or any County as a sexual predator or sexual offender
other shelter for the purpose of residing there and that individual intends to evacuate to any
for any length of time during or after a declared shelter irrespective of the shelter's location (in or
emergency, including eating any meal or to out-of-state), the "notifying individual" shall:
sleep. An individual does not evacuate to a (1) Before evacuating to any shelter whatso-
shelter if the individual does not take any ever, shall telephone or otherwise ver-
tangible property to the shelter, including any bally or personally notify the staff mem-
change of any clothing or change of shoes, or ber in the Collier County Sheriffs Office
any items for personal hygiene purposes, nor Sex Offender Unit,designated as the"sex
for eating or sleeping, and the reasons to go to offender/predator unit investigator"of:(a)
the shelter do not include to reside therein for The notifying individual's full name, date
any length of time, such as, and not limited to, of birth, social security number and per-
trying to determine the whereabouts of any manent registered residential address, if
other individual(s) or only to gain information any. If the notifying individual has no
related to the declared emergency or impend- residence address in Collier County, the
ing emergency. notifying individual shall inform the unit's
"Temporary emergency shelter"means a des- staff member of the exact physical loca-
ignated public or private building or desig- tion of his or her place of residence, in-
Supp.No. 22 CD111:3
§ 111-33 COLLIER COUNTY CODE ^1
cluding if applicable, any vehicle, vessel, shelter the notifying individual (a) shall
or other similar or dissimilar thing used immediately notify a law enforcement of-
by the notifying individual as a residence; ficer, if any, then on duty at the shelter,
and/or means of transportation (b) the and if a law enforcement officer is not
name of and the physical location of the then present and on-duty at that shelter,
individual's selected any shelter, includ- shall seek out and immediately notify an
ing that shelter's street address, (c) ex- adult individual who is authorized to be
plain how member(s)of the Collier County operating that shelter, that the reporting
Sheriffs Sex Offender/Predator Unit can individual is a sexual predator and/or a
readily communicate with the notifying sexual offender; (b) shall complete and
individual while the notifying individual sign the shelter's log-in sheet with his/her
is at that any shelter, (d) answer any full and correct name; (c) shall complete
questions asked by the Collier County and sign all registration forms required at
Sheriffs Sex Offender/Predator Unit's per- the shelter, and (d) shall immediately
sonnel then communication with the no- deliver such completed forms to that law
tifying individual, (e) complete any forms enforcement officer (or to that individual
as required by the respective unit; and(f) operating that shelter).
obey instructions given to the notifying
individual by the unit's law enforcement (4) Notice requirements at a temporary emer-
gency shelter that is not a sexual predator
personnel. This notice provision applies or sexual offender shelter. If a sexual
anew whenever the sexual predator or predator or sexual offender evacuates
sexual offender vacates any shelter to
re-evacuate to any other shelter. If all (and/or re-evacuates) to any temporary
then available telephone systems used to emergency shelter that is not a desig
normally communicate with the Collier nated sexual predator or sexual offender
County Sheriffs Office's Sex Offender/ shelter, that reporting individual, upon
Predator Unit are not operating, the no- arrival at the shelter, shall immediately
tifying individual shall as soon as possible seek out and notify a law enforcement
telephone the Collier County Sheriffs Of- officer, if any, then at the shelter, or if a
law enforcement officer is not then present
fice at their published "non-emergency" at that shelter, he or she shall immedi-
telephone number, (239) 774-4434; and/or ately seek out and immediately give no-
personally make contact with a law en-
tice to an adult individual authorized to
forcement deputy to advise them of the be operating that shelter,that the report-
location and all contact information re- ing individual is a sexual predator and/or
quired by this subsection. a sexual offender. In the absence of a law
(2) After notifying the Collier County Sheriffs enforcement officer then present at that
Office Sex Offender/Predator Unit as re- shelter,the individual operating said shel-
quired, as specified above, the notifying ter shall as soon as possible notify law
individual may thereafter evacuate only enforcement personnel of the presence of
to the shelter that the notifying individ- the individual identified as a sexual pred-
ual reported to the sheriffs sex offender/ ator and/or sexual offender. Law enforce-
predator unit as required by subsection ment personnel then on duty at the tern-
(1), above. porary emergency shelter, or responding
to the temporary emergency shelter,shall
(3) Notice requirements at a sexual predator either assign each such arriving sexual
or sexual offender shelter. If a sexual predator or sexual offender to the desig-
predator or sexual offender evacuates nated sexual predator or sexual offender
(and/or re-evacuates)to a sexual predator/ shelter, or in exigent circumstance or as
sexual offender shelter, upon the respec- an alternative, promptly assign such in- �.
tive notifying individual's arrival at such dividual to a specific secure and separate
Supp.No.22 CD111:4
SEXUAL OFFENDERS AND SEXUAL PREDATORS § 111-33
physical location,if any exists,within the with all directions and all instructions
temporary emergency shelter (that is not given by those charged with their care,
a sexual predator or sexual offender shel- custody and control.
ter)that has been set aside to house such
sexual predators and sexual offenders. (6) All sexual predators and all sexual offend-
Each sexual offender and/or sexual pred- ers shall adhere to and comply with all
ators who evacuates to any temporary applicable Florida Statutes governing their
emergency shelter shall fully comply with duties to report any change in his or her
the requirements of subsection(a)(3)above, "temporary residence" which, as applied
exactly the same as if that shelter is a to sexual predators, as defined in F.S.
sexual predator or sexual offender shel- § 775.21(2)(g), to be: "a place where the
ter.All of these reporting,notice and other person abides,lodges,or resides for five or
sexual predator and/or sexual offender more consecutive days" or his or her"per-
duties shall immediately apply anew when- manent residence," which is defined in
ever the respective sexual predator and/or F.S. § 775.21(2)(f), as "a place where the
sexual offender decides to evacuate to any person abides, lodges, or resides for a
other temporary emergency shelter in Col- period of five or more days in the aggre-
lier County. Each such sexual predator gate during any calendar year and which
and/or sexual offender shall immediately is not the person's permanent address or,
seek out and immediately notify a law for a person whose permanent residence
enforcement officer and/or operating em- is not in this state [Florida],a place where
ployee at the prior shelter that he or she is the person is employed, practices a voca-
evacuating to another shelter, including tion, or is enrolled as a student for any
the name and the complete street address period of time in this state."As applied to
of such any other shelter.A sexual preda- sexual offenders, F.S. § 943.0435(3)(c),
tor and/or sexual offender assigned to a reads: "Permanent residence" and "tem-
specific,secure and separate location within porary residence"have the same meaning
a temporary emergency shelter shall not ascribed in F.S. § 775.21."
enter any other area of the temporary
emergency shelter except after expressed (7) No sexual predator or sexual offender
permission from, and being physically ac- shall work in any capacity, nor volunteer
companied by, a law enforcement officer, in any capacity, with regard to any tem-
an authorized temporary emergency shel porary emergency shelter,whether or not
ter employee, or authorized volunteer at for any compensation.
that shelter.Family member(s)and/or other
individuals accompanying the sexual pred- (8) Each sexual predator or sexual offender
ator or sexual offender, including his or shall depart from a temporary emergency
her visitors, to a temporary emergency shelter immediately upon being instructed
shelter, shall not go into any area desig- to do so by any law enforcement officer.
nated to house or secure sexual predators
and/or sexual offenders. (b) Designation of temporary emergency shel-
ters. The Collier County Sheriff, in conjunction
(5) All sexual predators and sexual offenders with the Collier County Emergency Management
shall adhere to and comply with all tem- Department, may designate all or specified parts
porary emergency shelter intake pro- of public buildings, jails, or other correctional
cesses,rules and regulations that apply to facilities as temporary emergency shelters, to
other individuals physically present in which sexual predators and sexual offenders may
the respective shelter (except those that evacuate. No portion or area within a Collier
apply only to employees and/or volun- County public school,or within any private school,
teers), and shall adhere to and comply shall be designated as a sexual predator or sexual
Supp.No.22 CD111:5
§ 111-33 COLLIER COUNTY CODE
offender shelter.This article does not require that violator of this article shall be distributed as
these shelters comply with any Red Cross stan- follows: $5.00 to the clerk of the courts as an
dards. administration fee, and the balance of the funds
of each such fine is to be deposited in the fine and
(c) Use of correctional facilities as shelters. forfeitures fund of the sheriffs office to offset the
Sexual predators and/or sexual offenders may be sheriffs operating budget costs. Any individual
allowed temporary shelter in the Collier County found to have violated this article by a civil
Jail or other correctional facilities that is then (administrative) enforcement forum, including a
under the jurisdiction of Collier County's Sheriff. Collier County Code Enforcement Board or code
(d) Required signage at temporary emergency enforcement special master may be fined up to
shelters and at sexual predator/sexual offender $500.00 for each such violation. Every time the
shelters. Law enforcement personnel on duty at violation occurs or recurs may be deemed to be a
these shelters or other individual(s) operating separate violation of this article.
and responsible for intake of sheltering individu- (g) Statutory authority. This article is in addi-
als at such shelters shall place signs at the tion to and shall not be construed to affect F.S.
entrance(s) and exit(s) in use at such shelters, § 775.21, F.S. § 943.0435, or any other statute or
and also at appropriate conspicuous places within other applicable general law or applicable special
these shelters, to give notice to sexual predators law. Therefore, nothing in this article affects any
and sexual offenders of their duties, including to sexual predator's or any sexual offender's duty,
immediately identify themselves as a sexual pred- responsibility and/or obligation as required by
ator and/or sexual offender (and including the any statute or applicable federal or state law.
completing and signing of sexual predator and (Ord. No. 2007-37, § 3)
sexual offender change of address and registra-
tion forms), and understanding their require-
ments, restrictions, limitations and prohibitions
as specified in this article.
(e) Official actions by law enforcement person-
nel. Each law enforcement officer performing any
in-the-line of duty act under any provision of this
article shall be deemed to be acting within the
scope of his or her discretionary authority as a
law enforcement officer.
(f) Enforcement and penalty provisions. In ad-
dition to all enforcement provisions specified be-
low in this article, or as provided in F.S. § 125.69,
any individual who shall violate any provision of
this article, at the election of the county shall be
subject to the enforcement provisions of section
1-6 of the Collier County Code of Laws and
Ordinances. Apparent violations of this article
may be referred by the sheriffs office to the
Collier County Code Enforcement Board for en-
forcement pursuant to F.S. ch. 162. Any individ-
ual convicted in court of any provision of this
article may be fined up to $500.00, or by impris-
onment in the county jail for a period not to
exceed 60 days, or by both such fine and impris-
onment for each separate violation. Court im-
posed fines and court costs imposed against a
Supp.No.22 CD111:6
Chapters 112, 113
RESERVED
Supp.No.22 CD112:1