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Chapter 146 - WaterwaysChapter 146 WATERWAYS* Article I. In General Secs. 146-1—146-20. Reserved. Article II. Collier County Consolidated Waterways and Beaches Ordinance Division 1. General Sec. 146-21. Title and Citation. Sec. 146-22. Applicability. Sec. 146-23. Intent and purpose. Sec. 146-24. Definitions. Sec. 146-25. Penalties. Sec. 146-26. Enforcement. Secs. 146-27—146-40. Reserved. Division 2. Vessel Control Sec. 146-41. Vessel registration fee. Sec. 146-42. Vessel regulation. Secs. 146-43—146-50. Reserved. Division 3. Beach and Water Safety Sec. 146-51. Regulation of use and conduct on the beach. Sec. 146-52. Concession operations, equipment rentals and vendors on the beach and adjoining waters. Secs. 146-53—146-60. Reserved. Article III. Public Beach Access Sec. 146-61. Short title. Sec. 146-62. Definitions. Sec. 146-63. Penalties for violation; resort to other remedies. Sec. 146-64. Intent. Sec. 146-65. Approval of development plans; issuance of building permits. Secs. 146-66—146-90. Reserved. *Editor’s note—Ord. No. 2024-32, §§ 1, 2, adopted Sept. 10, 2024, repealed the former Art. I, §§ 146-1—146-3 and Art. II, §§ 146-31—146-60.8, and enacted new provisions codified herein as Art. II, §§ 146-21—146-52 as set out herein. The former Arts. I and II pertained to similar subject matter and derived from: Ord. No. 79-8, §§ 1—8, 2-13-79; Ord. No. 89-11, §§ 1—9; Ord. No. 89-86, § 1; Ord. No. 91-19, §§ 1—4; Ord. No. 91-112, §§ 1, 2; Ord. No. 92-35, §§ 1—4; Ord. No. 94-57, §§ 1—3; Ord. No. 96-16, §§ 1—7; Ord. No. 96-28, §§ 1, 2; Ord. No. 96-75, § 1; Ord. No. 97-10, §§ 1—7; Ord. No. 97-12, §§ 1, 2; Ord. No. 98-88, § 1; Ord. No. 99-54, § 1; Ord. No. 2007-38, §§ 1, 2; and Ord. No. 2015-24, § 1. Cross references—Public possession or consumption of alcoholic beverages, § 6-3; possession, sale or release of certain fish prohibited, § 14-2; animals prohibited on beaches, § 14-36; coastal zone protection, § 22-286 et seq.; seawalls and revetments, § 22-321 et seq.; floods, ch. 62; natural resources, ch. 90; parks and recreation, ch. 98. Land development code reference—Private boathouses and docks, § 2.6.21. State law references—Authority to provide navigation programs, F.S. § 125.01(1)(j); authority to act in the common interest of the people of the county and exercise all powers and privileges not specifically prohibited (all in a manner not inconsistent with law), F.S. § 125.01(1)(w). CD146:1Supp. No. 117 Article IV. Vanderbilt Beach Customary Use Sec. 146-91. Title. Sec. 146-92. Purpose and Intent. Sec. 146-93. Definition. Sec. 146-94. Right to Recreate. Sec. 146-95. Buffer Zone. Sec. 146-96. Obstruction of Vanderbilt Beach. Sec. 146-97. Posting of Beach. Sec. 146-98. Penalty for Violations. Secs. 146-99—146-120. Reserved. COLLIER COUNTY CODE CD146:2Supp. No. 117 ARTICLE I. IN GENERAL Secs. 146-1—146-20. Reserved. ARTICLE II. COLLIER COUNTY CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE* DIVISION 1. GENERAL Sec. 146-21. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Waterways and Beaches Ordinance." (Ord. No. 2024-32, § 2) Sec. 146-22. Applicability. The provisions of this Ordinance shall apply to and be enforced upon all waterways, creeks, streams, lakes, ponds, bayous, canals, and chan- nels, whether natural or manmade, and their adjacent shores/beaches as applicable, located within the unincorporated area of the County, including, but not limited to, Caxambas Pass, Chokoloskee Bay, Chokoloskee Island, Clam Bay System, Clam Pass, Cocohatchee River, Delnor- Wiggins Pass, Doctors Pass, Dollar Bay, Everglades City, Goodland, Gordon Pass, Gordon River, Hell's Gate, Henderson Creek, Hurricane Pass, Isles of Capri, Key Island (also known as Keewaydin Island), Little Hickory Bay, Little Hickory Island, Little Marco Pass, Marco Island (where applicable), Naples Bay (where applicable), Port of the Islands, Vanderbilt Lagoon, and Wiggins Bay, or subject to the jurisdiction of the County by any other law or interlocal agreement. (Ord. No. 2024-32, § 2) Sec. 146-23. Intent and purpose. It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the public at large, including residents and visitors to the County by providing reason- able regulation of the public's use and conduct on the beach and adjoining waters of the County, including the designation of specific areas within which the operation of aircraft and vessels may be regulated or prohibited. It is further intended that this Ordinance shall be liberally construed to effect such intent and purpose. (Ord. No. 2024-32, § 2) Sec. 146-24. Definitions. For the purposes of this Ordinance, terms and definitions are as defined in F.S. chs. 327 and 328, unless specifically stated otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The follow- ing words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning: Aircraft means any motor vehicle or contriv- ance now known or hereinafter invented, which is used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. The term "aircraft" shall include ultralight aircraft and seaplanes. Bather means any person who is in the same water as a vessel, whether said person is swim- ming, wading or engaged in any other activity in the water. Bathing area means any area of the beach and adjoining waters in which bathers are located or may be located, whether or not designated by signs or other form of notification. Beach or shore means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form. Bloodbaiting means the use of blood or bloody fish parts to attract sharks. Camping means the erection of shelter or similar structures for the purpose of sleeping or *State law references—Watercraft and water safety, F.S. ch. 327; restrictions on local water safety regulations, F.S. § 327.60. § 146-24WATERWAYS CD146:3Supp. No. 117 lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or other protective garb. Chumming means the throwing of bait or fish parts into the water to attract fish. Contiguous land means any land abutting land conveyed to the county as required in this article or any land which is located within one-half mile (2,640 feet) of the land conveyed to the County. County means the body politic Collier County, Florida, including the Board of County Commis- sioners, and/or the unincorporated area of Col- lier County, Florida. Decibel (dBA) means a unit for describing the amplitude of sound, as further defined by Collier County's Noise Control Ordinance No. 90-17, as amended. Gulf means the Gulf of Mexico. Idle Speed No Wake means, as defined by Rule 68D-24.002(2), F.A.C., as may be amended, a boating-restricted area which has been established to protect the safety of the public where a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. License or licensed means a county occupational license or having such license. Operate or operation means to be in charge of, in command of, or in actual physical control of a vessel upon the waters of this state, to exercise control over or to have responsibility for a ves- sel's navigation or safety while the vessel is underway upon the waters of this state, or to control or steer a vessel being towed by another vessel upon the waters of the state. Permit means a beach vendor's permit issued by the county. Person means any individual, partnership, firm, corporation, association or other entity. Personal watercraft means, as defined by F.S. § 327.02(36), as may be amended, a vessel less than 16 feet in length which uses an inboard motor powering a water pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. The term personal watercraft for purposes of this Ordinance shall include "jet skis" "sea sleds," "dolphin boats," "wave run- ners," or other such product name meeting the description herein provided. Rafts, floats and flotation devices means any device, whether of canvas, vinyl, rubber, Styrofoam or other substance, intended or capable of assist- ing in the flotation of a person on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but shall include body boards unless the context clearly indicates otherwise. Sailcraft means a vessel whose sole source of propulsion is the wind, including sailboats, sail- boards, kiteboards, and wind surfboards. Seaplane means any aircraft that is capable of landing and/or lifting off from a water surface. Slow Speed Minimum Wake and Slow Down Minimum Wake means, as defined by section 68D-24.002(1), F.A.C., as may be amended, that a vessel must be fully off plane and completely settled into the water. Such vessels may not proceed at a speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condi- tion under the existing circumstances. Solicit or canvass means any act, delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals, or any exchange of value. Ultralight aircraft or ultralight means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. Vessel shall have the same definition as found in F.S. § 327.02(46), as may be amended, and is synonymous with boat and includes every descrip- § 146-24 COLLIER COUNTY CODE CD146:4Supp. No. 117 tion of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. (Ord. No. 2024-32, § 2) Cross reference—Definitions generally, § 1-2. Sec. 146-25. Penalties. (a) Any owner, operator, or person in com- mand of any vessel or aircraft or any other person who violates any provision of this Ordinance or fails to comply with the require- ments of this Ordinance shall be treated in the same manner as a misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to exceed 60 days, or by both such fine and imprisonment and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecu- tion of such violation. (b) All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of F.S. ch. 162, pts. I or II, as may be applicable. (c) Civil violation and infraction penalty and fine amounts shall be in accordance with those set or published by the Collier County Clerk of Courts. (Ord. No. 2024-32, § 2) State law reference—Penalty for ordinance violations, F.S. § 125.69. Sec. 146-26. Enforcement. (a) The provisions of this Ordinance shall be enforced by any member of any duly authorized law enforcement agency or officers having enforce- ment jurisdiction in Collier County, Florida, including code enforcement officers. Civil cita- tions may be used to notify the defendant of allegations of violations of this Ordinance. (b) Area of enforcement. The area of enforce- ment of the provisions of this section shall be all waters, creeks, bayous, canals and channels whether natural or manmade located within unincorporated Collier County. (Ord. No. 2024-32, § 2) Secs. 146-27—146-40. Reserved. DIVISION 2. VESSEL CONTROL Sec. 146-41. Vessel registration fee. (a) Imposition. Those vessels stored or oper- ated within the jurisdiction of the county which are required by law to be registered with the state shall be subject to a county vessel registra- tion fee which shall be in the amount of 50 percent of the currently applicable state registra- tion certificate fee, and will be added to the current state fee. The county vessel registration fees shall be and reflect 50 percent of the state vessel registration fees as set forth in F.S. § 328.72(1), Vessel Registration Fee, and as it may be amended hereafter. (b) Collection of fees. The county vessel registra- tion fee shall be collected by the tax collector at the time of state vessel registration. (c) Payment/schedule. The tax collector shall be paid a collection fee, in accordance with, F.S. § 192.091, Commissions of Property Appraisers and Tax Collectors, and as it may be amended hereafter. (d) Distribution of fees. Dollar amounts required by F.S. § 328.72(15), of every vessel registration fee shall be remitted to the state for deposit. All other funds (after payment to the tax collector and the motor boat revolving trust fund) shall be expended for the patrol, regula- tion, and maintenance of the lakes, rivers, or waters and for other boating-related activities in the County. (Ord. No. 2024-32, § 2) Sec. 146-42. Vessel regulation. (a) Idle Speed, No Wake Boating-Restricted Areas. The County may enact Boating-Restricted Areas by Ordinance to establish Idle Speed, No Wake Boating-Restricted Areas, in accordance with F.S. § 327.46, as may be amended. (1) The operation of any vessel in excess of Idle Speed, No Wake, as defined herein, in or on any waters specified as an Idle Speed, No Wake Boating-Restricted Area is hereby prohibited and is a violation of § 146-42WATERWAYS CD146:5Supp. No. 117 this Ordinance. Said prohibition is effec- tive and enforceable provided the Idle Speed, No Wake Boating-Restricted Area is designated by regulatory marker, sig- nage, buoy, or any other notice. The locations of any and all such notices (including informational signage) shall be placed at the discretion of County staff and shall not be subject to the Land Development Code. All such notices posted by the County are official notices of the County. Provided the restricted area is posted as an Idle Speed, No Wake Boating- Restricted Area, it is no defense to a violation of this Ordinance to allege that the person issued a notice of violation of this Ordinance did not observe posted notice. (2) No person shall operate a vessel in any area designated and posted as an Idle Speed, No Wake Boating-Restricted Area at a speed greater than Idle Speed, No Wake. Any vessel operating in an Idle Speed, No Wake Boating-Restricted Area must operate at the minimum speed that allows the vessel to maintain headway and steerageway. (3) The following areas are designated as Idle Speed, No Wake Boating-Restricted Areas: a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility avail- able for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facil- ity available for use by the general boating public on waterways not exceeding 300 feet in width. b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width. c. Inside or within 300 feet of any lock structure. (4) Idle Speed, No Wake Boating-Restricted Areas. The County hereby adopts and designates the respective areas depicted on Exhibit "A" as Idle Speed, No Wake Boating-Restricted Areas. (b) Slow Speed, Minimum Wake Boating- Restricted Areas. The County may enact Boating- Restricted Areas by Ordinance to establish Slow Speed, Minimum Wake Boating-Restricted Areas, in accordance with F.S. § 327.46, as may be amended. (1) No person shall operate a vessel in any area designated and posted as a Slow Speed, Minimum Wake Boating-Restricted Area at a speed greater than Slow Speed, Minimum Wake. Any vessel operating in a Slow Speed, Minimum Wake Boating- Restricted Area must operate fully off plane and completely settled in the water. The vessel's wake must not be excessive nor create a hazard to other vessels. (2) The following are designated as Slow Speed, Minimum Wake Boating-Restricted Areas: a. Within 300 feet of any bridge fender system. b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. d. On a lake or pond of less than 10 acres in total surface area. (3) Slow Speed, Minimum Wake Boating- Restricted Areas. The County hereby adopts and designates the respective areas depicted on Exhibit "B" as Slow Speed, Minimum Wake Boating-Restricted Areas. § 146-42 COLLIER COUNTY CODE CD146:6Supp. No. 117 (c) Vessel-Exclusion Zones. The County may enact Vessel-Exclusion Zones by Ordinance where the area is designated as a public bathing beach or swim area, or a canoe trail or area otherwise limited to non-motorized vessels, in accordance with F.S. § 327.46, as may be amended. (1) No person shall operate a motorized vessel or sailcraft within a Vessel-Exclusion Zone, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. (2) Vessel-Exclusion Zones. The County hereby adopts and designates the respec- tive areas depicted on Exhibit "C" as Vessel-Exclusion Zones. (d) Personal watercraft regulation. No person shall operate personal watercraft: (1) Within Vessel-Exclusion Zones; in excess of Idle Speed, No Wake in Idle Speed, No Wake Boating-Restricted Areas; or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake Boating- Restricted Areas. (2) In an unsafe, reckless or careless manner endangering the life, limb, or property of any person. (e) Careful and prudent operation required. Every person operating or navigating any vessel in, on or under any waters within the unincorporated areas of Collier County shall do so in a careful and prudent manner, taking into consideration the environmental conditions, water skiers and other boats and watercraft and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a boat in such a careful and prudent manner shall constitute careless boat- ing and a violation of this Ordinance. (f) Official government business. Except during an emergency or operation by an official of the government while engaged in official business, the operation of any vessel shall conform to this Ordinance, as well as federal, state, and local law. (g) Speed not to be greater than what is reasonable under the conditions. Nothing contained in this Ordinance shall be construed to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, persons swim- ming or fishing in the area, or other hazards. (h) Exemptions. The following shall be exempted from the provisions of this section: (1) The provisions of this section shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial, or exhibition. (2) The operators of law enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operat- ing under emergency conditions. (Ord. No. 2024-32, § 2) Editor’s note—Exhibits A through C referenced above are not set out herein, but on file and available for inspection in the offices of the county. Secs. 146-43—146-50. Reserved. DIVISION 3. BEACH AND WATER SAFETY Sec. 146-51. Regulation of use and conduct on the beach. (a) Possession of glass containers prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. (b) Restrictions on animals on beach. It shall be unlawful for any person owning or have under his control any animal, to permit such animal upon the beach, except guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons shall be allowed on the beach at all times. (c) Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful for any person to have an open fire on the beach. Said prohibition shall not include a stove or grill where so designated and posted by the County § 146-51WATERWAYS CD146:7Supp. No. 117 Parks and Recreation Department. It shall be unlawful for any person to dispose of any coals, briquets, embers or other heated object from any stove or grill at the beach in other than a county designated receptacle. (d) Overnight camping prohibited. It shall be unlawful to camp overnight on the beach, except for recreational purposes on property designated for such purposes. (e) Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any sort on the part of any law enforcement officer or county employee to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico. (f) Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area after having been warned by any law enforcement officer that such activity interferes with or endangers the movement of pedestrian traffic or public safety. (g) Swimming. No person, except a person actually engaged in a rescue attempt, shall: (1) Swim or bathe within 150 feet measured in any direction from a pier or jetty; or (2) Swim or bathe in any area posted exclusively for vessel and/or sailcraft use. (h) Use of rafts, floats, and other flotation devices. No person shall use any raft, float, body board, or other flotation device of any descrip- tion, except for a vessel or sailcraft, more than 500 feet from the water's edge. (i) Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or sailcraft of any description, whether motorized or not, surf or otherwise use any other equip- ment in the Gulf of Mexico when under the influence of any alcoholic beverage, or any chemi- cal substance as set forth in F.S. § 877.111 or any substance controlled under F.S. ch. 893, to the extent that the person's normal faculties are impaired. (j) Use of aircraft on beach or from or over specified saltwater area prohibited. No person shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or "ultralight vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph 103.1, on or from the beach or adjoining water within 500 feet of the water's edge. In the area west of a southerly projection of a north/south line that bisects the intersection of County Road 92 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person shall operate any ultralight (including ultralight trainers and ultralight vehicles) from, on or over any saltwater except at a horizontal distance greater than 500 feet seaward from the nearest shoreline of the mainland or nearest shoreline of the nearest island, whichever is the most restrictive refer- ence point. (k) Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of the public on the beach: (1) By other than licensed concessionaires of goods and services for use or consump- tion on the beach. No person other than a licensed concessionaire shall solicit or canvass for the sale or rental of merchandise, services, goods, or property of any kind or character intended for use or consumption on the beach. (2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character except from within or within ten feet of his licensed premises or vehicle. (3) By any person of goods and services for use or consumption off the beach. No person shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character to be delivered or performed off the beach. (l) Sound amplification. No audio device, such as loudspeakers, television, radio, compact disc, tape, or record player, or musical instrument, § 146-51 COLLIER COUNTY CODE CD146:8Supp. No. 117 except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach in a manner that: (1) Exceeds a noise level of 60 decibels (dBA) in compliance with the Collier County Noise Control Ordinance No. 90-17, as amended; or (2) Otherwise violates the Collier County Noise Control Ordinance No. 90-17, as amended. (m) Breach of the peace; disorderly conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct. (n) Removal of beach sand. No beach sand may be removed from the beach. (o) Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or ashes, or any other litter, except in designated contain- ers for that purpose. It is further unlawful to dispose of any household garbage on the beach. (p) Trespass: construction, restoration, and/or renourishment projects or construction sites. (1) It shall be a separate violation of this article for any individual to refuse to immediately and completely obey an oral order (instruction) to leave a beach area undergoing construction, restoration, and/or renourishment, or to move his/her person to some other area of the beach, if the order (instruction) is personally com- municated to the individual by any employee, contractor, vendor, or other official who at such time and place has authority to issue such an instruction. (2) It is a separate violation of this article for any individual to commit a trespass into (or within) any secure area of a beach area undergoing construction, restora- tion, and/or renourishment, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respec- tive secure area. Collier County Parks and Recreation Division or Coastal Management Program Division are each hereby authorized to designate such secure area(s) as it deems appropriate by post- ing appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this article irrespective of application of any County rule or regulation. (q) Key Island (also known as Keewaydin Island). (1) Prohibited Activities: a. Hunting, harassing, possessing or trapping wildlife. b. Use of animal trapping or conceal- ment devices. c. Admission of unleashed domestic animals, except those ADA Service Animals. d. Transplantation or removal of any plant or animal, or parts of plants or animals (living or dead), except as provided herein. e. Removal, disturbance, pollution or destruction of property, or natural or cultural resources. f. Solicitation or distribution of com- mercial materials and advertising of any commercial event, other than Department materials or announce- ments of Department-sponsored or sanctioned events and gatherings. g. Possession of glass containers prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. § 146-51WATERWAYS CD146:9Supp. No. 117 (2) Limited Activities: a. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads specifically designated for those activities. b. Recreational camping may be conducted only on property designated for such purposes. c. Fires are allowed only in designated areas. d. Visitors shall be responsible for the proper disposal of all wastewater, refuse and trash, by placing it in designated containers, if provided, or removed to an off-site disposal facility or receptacle. e. Vehicles are allowed only in areas designated as public access roads. f. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas located inside the boundaries of the Buffer Preserves is allowed only where designated for such use with signs. (Ord. No. 2024-32, § 2) Sec. 146-52. Concession operations, equip- ment rentals and vendors on the beach and adjoining waters. The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoin- ing waters makes necessary and appropriate the following regulations: (a) Beach vendor permit requirement. Any person or entity to be engaged in the sale of goods, services, rental, leasing, bail- ment, or otherwise providing recreational equipment for remuneration, including any motorized or wind-driven vessel for use by the public on the beach or adjoin- ing waters of the County shall be required to obtain a beach vendor permit/license from the County. A beach vendor permit/ license shall issue and be maintained upon the applicant paying such applica- tion fee therefor as established from time- to-time by the County by Resolution. The applicant must meet the following require- ments: (1) The applicant must have an opera- tions office or headquarters located at a land-based location in an area immediately adjacent to where the permitted/licensed activities are to be provided for public use. The office/ headquarters must be located only on land that is immediately seaward of the upland owner's main building adjacent to that adjoining beach. The land-based operations/activi- ties must be conducted wholly within the geographic confines of the two seaward projections of the north/ south property lines of the upland parcel, and the office/headquarters must have direct physical access to the beach and salt water. In the event the permittee/licensee has its authorization to occupy the upland headquarters area terminated or otherwise cancelled by the upland landowner or from whatever other person or entity authorized that permittee/licensee to occupy that upland area, loss of right of that upland occupancy shall thereby automatically void the then existing Collier County beach vendor's permit/license for that area. (2) The applicant must have and maintain a telephone and marine radio at its land-based operations office. (3) If the applicant is engaged in the rental of motorized or windblown equipment, or other vessel rentals, the applicant must have a motor- ized chase boat with operational marine radio in good running condi- tion that meets all U.S. Coast Guard safety requirements. That boat must be kept at the vessel rental site during all hours of applicant's rental operations. § 146-51 COLLIER COUNTY CODE CD146:10Supp. No. 117 (4) The applicant must have and maintain comprehensive general liability insurance with coverage not less than the amount of $500,000.00 combined single limits or the amount specified in the County contract, whichever is greater. (5) The applicant shall provide a list describing and indicating the state vessel registration number of each motorized vessel applicant places in service. Each motorized vessel placed in service for public use under a Collier County beach vendor's permit/license shall have a state vessel registration number affixed thereon at all times. (6) The applicant shall provide at least one operational life vest for each occupant space on each of the ves- sels to be offered for public use under this section. (7) The applicant must provide a site plan for the beach operation that includes the operation's boundaries on the beach and the ingress and egress points to that operation. No operation boundary shall extend into any pedestrian pathway. (8) The applicant is required to obtain a County occupational license for its operations office required under this section. To obtain an occupational license, the applicant must provide proof of having a current, valid beach vendor's permit. Revocation of the occupational license shall automati- cally void the respective beach vendor permit/license. (9) If a permit/license holder violates any condition of the beach vendor permit/license during any permit/ license year and is notified by the County in writing of the violation, the director of parks and recreation is authorized to impose conditions on the subsequent annual beach vendor's permit/license (a probation- ary permit/license), including issu- ing a month-to-month permit/license that shall be summarily voidable for any similar or dissimilar viola- tion of any of the permit/license condition(s). (b) Beach vendor permittee, vessel user regula- tions/general regulations. (1) Operator age restrictions applicable to operation of all vessels with ten horsepower or greater. As required by F.S. § 327.395, the rental to or operation of a motorized vessel powered by a motor of ten horsepower or greater is prohibited to anyone born after January 1, 1988, unless that person has in his/her possession aboard the vessel photographic identification and a boater safety identification card issued pursuant to F.S. § 327.395. A person is exempt from this provi- sion if they are accompanied in the vessel by a person who holds an identification card in compliance with this section, is 18 years of age or older, and is attending to the operation of the vessel and responsible for the sage operation of the vessel and for any violation that occurs during operation of the vessel. (2) The renter, user, passenger of or on any vessel described in this section shall have on board an operational life vest while using or having such vessel in the water; and it is a violation of this section for any such person using such vessel not to have a life vest on board. (3) Pre-ride safety instructions. Each livery must also provide pre-ride boater safety instruction and safety information to each person who rents a vessel powered by a motor rated at ten horsepower or greater. (4) Display of rental personal watercraft speed limit information. Each rental personal watercraft must conspicu- § 146-52WATERWAYS CD146:11Supp. No. 117 ously display the special speed limit instructions that apply within all the respective distances from the shore. The speed instructions must be easily visible to the operator of the rental jet ski when the operator is in the operating position on the personal watercraft. (5) Mufflers on rental personal watercraft. Each rental personal watercraft must always operate with stock mufflers or with mufflers that are quieter than stock mufflers. (6) Each renter of a personal watercraft must read and initial that he/she understands the speed and opera- tion restrictions placed upon opera- tion of personal watercraft by this section and/or by F.S. ch. 327. (7) Rental personal watercraft identifica- tion markings. Each rental personal watercraft must display identifying letters and/or numbers that identify the specific personal watercraft. Each identification number and/or letter, trademark, logo, and/or company name must be at least four inches in height and must contrast with its background color so as to be easily visible at a distance of 250 feet by a person with 20/20 vision. (8) No person shall operate personal watercraft within a Vessel-Exclu- sion Zone, in excess of Idle Speed, No Wake in Idle Speed, No Wake Boating-Restricted Areas, or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake Boating-Restricted Areas. (9) Safe operation of personal watercraft. All personal watercraft must be oper- ated in a reasonable and prudent manner at all times. Maneuvers which unreasonably or unnecessar- ily endanger life, limb, or property, including weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such vessel or when visibility around such vessel is obstructed, or the vessel is oper- ated in a manner that required intentional swerving at the last moment to avoid collision, constitute reckless operation. Personal watercraft are not limited to vessels that have one or two occupants. (Ord. No. 2024-32, § 2) Secs. 146-53—146-60. Reserved. ARTICLE III. PUBLIC BEACH ACCESS* Sec. 146-61. Short title. This article shall be known as and may be cited as the "Public Beach Access Ordinance." (Ord. No. 76-20, § 1) Sec. 146-62. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Blocked public access means the development of land with structures and/or improvements or any other barrier which denies public access to public beaches at intervals of 2,640 feet as prescribed in this article. Blocked support facilities means the develop- ment of land with structures and/or improve- ments or any other barrier which denies the public of the required support facilities which are necessary for the use and enjoyment of the public beaches. Contiguous land means any land abutting land conveyed to the county as required in this article or any land which is located within one-half mile (2,640 feet) of the land conveyed to the county as permitted in subsection 146-65(g). *Cross references—Public accessways to beaches, § 22- 296; camping near Gulf of Mexico, § 94-1; planning, ch. 106. State law references—Beach and shore preservation, F.S. ch. 161; public access to beaches, F.S. § 161.55(4). § 146-52 COLLIER COUNTY CODE CD146:12Supp. No. 117 Intervening land means any land which is located between a public beach and a landward point of public access through which land an existing or potential public access passes. Public access means existing access to a public beach from any road, street, easement, or any other way which the public has a right to use. Public access, potential, means any access to a public beach which is not existent at the time of passage of this article but which is required under section 146-65 and designated on Exhibit 1 to Ordinance No. 76-20. Public beach means any water area along the Gulf of Mexico along with its upland lands which have been dedicated to the public or in which the public has a right to their use by easement, prescriptive right, customary use, state or federal ownership, or as a result of any other act, law or instrument through which the public has a prescribed or implied right to their use. Support facilities means but not be limited to shelters, toilets, off-street parking or any other required facility which is complementary to the public access and which is necessary for the use and enjoyment of the public beach it serves. (Ord. No. 76-20, § 3) Cross reference—Definitions generally, § 1-2. Sec. 146-63. Penalties for violation; resort to other remedies. Violation of the provisions of this article or failure to comply with any of its requirements shall constitute a misdemeanor. Any person who violates this article or fails to comply with any of its requirements shall upon conviction thereof be fined, or imprisoned, or both, as provided by law. Each day such violation continues shall be considered a separate offense. Any other person who commits, participates in, assists in, or maintains such violation may each be found guilty of a separate offense and suffer the penal- ties herein provided. Nothing herein contained shall prevent the county from taking such other lawful action, including, but not limited to, resort to equitable action as is necessary to prevent or remedy any violation. (Ord. No. 76-20, § 5) State law reference—Penalty for ordinance violations, F.S. § 125.69. Sec. 146-64. Intent. In order to maintain peace and order, provide for emergency ingress and egress, and provide the public with access to the use, enjoyment and appreciation of the natural resource amenities of the beaches of the county, and to develop and use the beach resources to the greatest benefit of the health and welfare of the citizens of the county, it is hereby declared to be the legislative intent of this article to provide a means and procedure for insuring that adequate public access is provided and maintained, that access is maintained in such a manner as to preserve or enhance exist- ing natural features. It is further the intent of the board of county commissioners to provide and implement funds and funding programs to insure the development, maintenance and upkeep of areas acquired pursuant to this article. The preface and provisions of this article, being remedial of nature, are to be liberally construed to effectuate its purpose in the interest of the public health, safety and welfare of the citizens of the county and the state. (Ord. No. 76-20, § 2) Sec. 146-65. Approval of development plans; issuance of building permits. (a) Required compliance. Prior to the grant- ing of the final approval for a subdivision, planned unit development (PUD), or the issuance of a building permit for any lands which are adjacent to or contiguous with public beaches and which lands have the potential of blocking public access and/or potential public access and support facili- ties, the subdivider or applicant, as owner or agent of subject property, shall arrange with the county to provide land for public access and support facilities as determined and required in this article. (b) Physical requirements of public access. (1) Maximum separation. The maximum separation from one point of public access to the next point of public access shall not be greater than one-half mile (2,640 feet). (2) Minimum width. The minimum width of any public access shall be 100 feet. § 146-65WATERWAYS CD146:13Supp. No. 117 (3) Minimum yard requirements. The minimum depth of yards which abut an existing or potential public access shall be the same distance as required in the zoning district regulations, depending on whether such yard is a front, side, rear or corner lot. (c) Method of providing land for public access and support facilities. Land for public access and support facilities may be provided by deed, public easement, dedication or any other method which guarantees such public access in perpetuity and approved by the county. (d) Procedure upon failure to convey lands. In the event the owner of lands required for public access and support facilities as required by this article refuses to convey them to the county, and it becomes necessary to condemn said lands, no county permit shall be issued for the improve- ment or development of the subject land until the later of the conclusion, including expiration of all appeal and/or re-hearing periods, of said condemnation proceedings, or the conveyance or transfer of said lands to the county pursuant to negotiations for lease, purchase or dedication. (e) Location of each public access and support facility. The location of each public access and support facility will be predicated on the growth needs as well as the location and utilization of all existing points of public access and support facilities in a manner which will not duplicate or conflict with an existing public access and sup- port facility while permitting a comprehensive coverage of the county with adequately located public access to the public beaches. (f) Adoption of public access comprehensive map. In order to establish a comprehensive plan for the eventual acquisition or development of adequate public access and support facilities, the board of county commissioners hereby adopts Exhibit 1, sheets 1 through 22 and Exhibit 2, pages 1 and 2 as part of this article. The location, acquisition and development of all public access and support facilities shall be guided by Exhibit 1 and Exhibit 2, and the only deviation from said exhibits shall be as provided in this section. (g) Waiver from requirements of this article. (1) Even though the board of county commis- sioners have determined that public access and support facilities shall be provided at maximum intervals of one-half mile (2,640 feet) as indicated in Exhibit 1 and Exhibit 2, such distance may be shortened or lengthened by the board of county commissioners in order to take into account the availability of suitable land for such need, the physical geography of the land, the location of waters, roads, railroads, or other barrier features which may require the extension or contraction of the distance between points of public access, the representation relative to beach access on Exhibit 1, pages 1 through 22, notwithstanding. (2) In the event that more than one public access and support facility is required of any one developer or owner, the board of county commissioners is hereby empowered to waive the one-half mile (2,640 feet) maximum distance require- ment of said public access and facility and require in lieu thereof that such public access and support facilities be provided in the aggregate in a specified location rather than in separate loca- tions as required in this article. (3) In order to carry out the intent and objectives of this article, the board of county commissioners are hereby empowered to waive the requirements of this article to the extent that the literal enforcement of this article will create an unduly severe hardship on the applicant for a final approval of a subdivision plat, PUD, or building permit to the extent that the intent and objectives of this article will be fulfilled. (h) Transfer of development rights. Where the developer has voluntarily conveyed beach access lands to the county, the board of county commis- sioners may authorize the transfer of develop- ment rights for lands which are conveyed to the county for public access and support facilities to lands contiguous to lands so conveyed. Said § 146-65 COLLIER COUNTY CODE CD146:14Supp. No. 117 transfer may be made on the basis of whichever of the following three options, as expressed by the following formulae, permits the greater number of dwelling units: (1) The number of dwelling units which may be transferred equals the number of dwell- ing units per acre on contiguous land under the existing zoning classification, divided by the number of acres conveyed. (2) The number of dwelling units which may be transferred equals the number of dwell- ing units per acre as established by the official land use guide, divided by the number of acres conveyed. Note. Where the number of dwelling units which may be transferred equals a fractional number, if the fraction equals more than five-tenths, the number of dwelling units to be transferred will be increased to the next higher whole number. If number of dwelling units which may be transferred equals five- tenths or less, the number of dwelling units which may be transferred will be decreased to the next lower whole number. (3) A transfer of one dwelling unit per acre or portion of an acre conveyed. Notwithstanding the above, the board of county commissioners shall have the authority to authorize the transfer of a lesser number of development rights, where it finds that the transfer of a greater number would be contrary to the public interest. (Ord. No. 76-20, § 4) Secs. 146-66—146-90. Reserved. ARTICLE IV. VANDERBILT BEACH CUSTOMARY USE Sec. 146-91. Title. This Ordinance shall be known and may be cited as the "Collier County Vanderbilt Beach Customary Use Ordinance." (Ord. No. 2018-31, § 1) Sec. 146-92. Purpose and Intent. The purpose of this Ordinance is to protect the public's long-standing customary use of Vander- bilt Beach, including the dry sand portion thereof, while at the same time protecting the private property rights of those owners with lands adjacent to Vanderbilt Beach. This Ordinance shall not be construed to affect in any way the title of any owner of land adjacent to Vanderbilt Beach, and is to be read as a supplement to Ordinance 76-20, known as the Public Beach Access Ordinance. (Ord. No. 2018-31, § 2) Sec. 146-93. Definition. As utilized herein, Vanderbilt Beach shall mean the entire beach commencing at the southern terminus of Delnor-Wiggins Pass State Park, thence running southerly past Vanderbilt Beach Road until FDEP Monument R-31.5. Van- derbilt Beach shall include not only that part of the beach seaward of the mean high water line, but shall also include the dry sandy area adjacent to the mean high water line up to the vegetative line. (Ord. No. 2018-31, § 3) Sec. 146-94. Right to Recreate. Except as provided below, the public shall have the right to recreate along all of Vanderbilt Beach. Recreation shall include walking, jog- ging, sunbathing with or without a beach umbrella, picnicking, fishing, building sand- castles, and other similar recreational beach activities. (Ord. No. 2018-31, § 5) Sec. 146-95. Buffer Zone. The public at large, including the residents and visitors of the County, shall not utilize a 15-foot buffer zone located seaward of any permanent habitable structure owned by a private entity that is located on, or adjacent to, the dry sand areas of the beach, whichever is more seaward, except as is necessary to utilize an existing or future public beach access point for ingress and egress to the beach. (Ord. No. 2018-31, § 6) § 146-95WATERWAYS CD146:15Supp. No. 117 Sec. 146-96. Obstruction of Vanderbilt Beach. It shall be unlawful for any person to create, erect or construct any fence, structure, barrier or restraint within Vanderbilt Beach. Sand fences, which have received all necessary permits from state and federal agencies, and turtle fences are exempt from the prohibition contained in this section. (Ord. No. 2018-31, § 7) Sec. 146-97. Posting of Beach. Except for buffer zones, it shall be unlawful for any person to display or cause to be displayed anywhere along Vanderbilt Beach any sign, marker or warning stating that any part of Vanderbilt Beach is private, that the public does not have the right to access or recreate upon any part of Vanderbilt Beach, or to in any way interfere with any person who is lawfully using Vanderbilt Beach. Buffer zones may be marked as such. (Ord. No. 2018-31, § 8) Sec. 146-98. Penalty for Violations. Violation of any provision of this Ordinance shall be treated in the same manner as a misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to exceed 60 days, or by both such fine and imprisonment. All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of F.S. ch. 162, pts. I or II, as may be applicable. A law enforcement official or code enforcement officer is specifically authorized to issue a cita- tion for each violation of this Ordinance. (Ord. No. 2018-31, § 9) Secs. 146-99—146-120. Reserved. § 146-96 COLLIER COUNTY CODE CD146:16Supp. No. 117 Ordinance Number Subject Section Section this Code 2024-25 Medial transportation services; updated uniform standards 1—14 50-51—50-64 15 Added 50-65 16—26 Rnbd 50-65—50-75 as 50-66—50-76 2024-26 Authority of the director of domestic animal services 1 14-28—14-31 14-32.3—10 14-33.1.I 14-36.12 14-37.3 14-38.1.B, E, F 14-39 14-40.1, 3, 4 14-41.4—6 14-41.6B(3) 14-41.7.A, 7.C 14-41.8.C, 8.G 14-44.2, 2.C 2024-27 Lighting District addition 1 122-81(102) Added 122-81(103), (104) 2024-32 Collier County Consolidated Waterways and Beaches Ordinance 1 Rpld 146-1—146-60.8 Added 146-1—146-52 2024-39 Excavation review procedures 1 22-110(a)(2), (3) 2024-40 Florida Building Code amend- ments 1 22-26 CODE COMPARATIVE TABLE—ORDINANCE DISPOSITION CCT:159Supp. No. 117 Chapters 147-200 RESERVED CD147:1