Chapter 246 - Parks and Recreation (Special Acts) Chapter 246
PARKS AND RECREATION*
Article I. In General
Sec. 246-1. Kirby Storter Park,designated.
Secs. 246-2-246-25. Reserved.
Article II. County Parks
Sec. 246-26. Legislative intent.
Sec. 246-27. Jurisdiction.
Sec. 246-28. Powers and duties; offenses.
Sec. 246-29. Enforcement.
Sec. 246-30. Restrictions.
Secs. 246-31-246-50. Reserved.
Article III. Collier County Scenic Drive Parks
Sec. 246-51. Created.
Sec. 246-52. Weapons restricted; hunting prohibited;enforcement.
Sec. 246-53. Destroying,cutting of flora and fauna prohibited.
Sec. 246-54. Supplemental regulations.
Sec. 246-55. Violations.
*Code reference—Ordinances pertaining to parks and recreation,ch. 98.
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PARKS AND RECREATION §246-28
L
ARTICLE I. IN GENERAL ficer (park ranger) is hereby authorized to issue
citations within the boundaries of any Collier
Sec. 246-1. Kirby Storter Park, designated. County park, public beaches, beach access areas
(a) The roadside park adjacent to bridge 93 on adjacent to county parks, county operated park-
state road 90 (U.S. Highway 41) and located ing facilities, and public areas immediately adja-
13.471 miles east of the intersection of state road cent to county parks for violations of any Collier
29 and state road 90 in Section 7 of Township 53 County ordinances, duly enacted by the board of
South, Range 32 East in Collier County is hereby county commissioners to regulate acts within
designated as the Kirby Storter Park. these areas, including, but not limited to, those
ordinances which regulate the use of the parks
(b) The department of transportation and the and prohibit certain acts therein, provide for the
board of county commissioners of Collier County nesting and protection of sea turtles and prohibit
are authorized to erect appropriate markers to the operation of motor vehicles in, on, or across
indicate the designation made by this section. the beaches of Collier County within county parks,
(Laws of Fla. ch. 71-523, §§ 1, 2) when such violation is witnessed by said officer.
(Laws of Fla. ch. 89-449, § 2; Laws of Fla. ch.
Secs. 246-2-246-25. Reserved. 97-347, § 2)
Sec. 246-28. Powers and duties; offenses.
ARTICLE II. COUNTY PARKS*
(a) The board of county commissioners of Col-
Sec. 246-26. Legislative intent. Tier County is hereby authorized to designate
employees of the Collier County department of
It is the intent of the legislature to authorize parks and recreation as county park enforcement
the board of county commissioners of Collier County officers(park rangers). It shall be the responsibil-
to designate employees of the Collier County ity of said board to determine by resolution the
department of parks and recreation as county training and qualifications of any employee so
park enforcement officers. It is declared as a designated.Such designation and training require-
matter of legislative intent that county park en- ments shall be by resolution adopted at any
forcement officers be empowered to issue citations regular or special meeting of the board.
to enforce any county ordinance duly enacted by
the board of county commissioners to regulate (b) It shall be the duty of any person desig-
acts within the county parks, and including, but nated as a county park enforcement officer (park
not limited to, ordinances which regulate the use ranger) to issue citations for any offenses which
of county parks, public beaches, beach access occur within a county park boundary, public
areas adjacent to county parks, county operated beaches, county operated parking facilities, and
parking facilities, and public areas immediately public areas immediately adjacent to county parks,
adjacent to county parks, to protect sea turtles and which are either prohibited by ordinance
and prohibit the operation of motor vehicles in, enacted by the Board of County Commissioners of
on, or across the beaches of Collier County in Collier County or are specifically prohibited by
order to promote,protect,and enhance the health, this section. Except at such times and in such
safety,and welfare of the citizens of Collier County. manner as then not prohibited by law and to the
(Laws of Fla. ch. 89-449, § 1; Laws of Fla. ch. extent expressly authorized in advance and in
97 347, § 1) writing by permit issued by the director of the
department in strict adherence with policy rules
Sec. 246-27. Jurisdiction. of the department approved by resolution of the
board of county commissioners,it shall be such an
Any person designated by the board of county offense to:
commissioners as a county park enforcement of (1) Willfully mark, deface, disfigure, injure,
*State law reference—General authority to provide for tamper with, or displace or remove any
parks and recreational facilities and programs,F.S.§125.01(1)(f). building, bridge, table, bench, fireplace,
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§246-28 COLLIER COUNTY CODE
railing, paving, or paving material,water (7) Cause or permit a dog or other domestic
line or other public utility or parts appur- animal to enter any park facility except
tenant thereof, signs, notices or placard animal shows and other substantially sim-
whether temporary or permanent, monu- ilar special events.
ments, stakes, posts, or other boundary (8) Build fires except in specified areas in
markers or other structures or equip county parks on cooking grills provided
ment, facilities, or any other county prop therein,except bonfires directly related to
erty or any appurtenances whatsoever, special events.
either real or personal.
(2) Cut,break,mutilate,injure,disturb,sever (9) Drive any unauthorized vehicle on any
from the ground or remove any growing area within the park except the paved
thing, including, but not limited to, any park roads or parking areas; or park any
vehicle in other than an established or
plant, flower, flower bed, shrub, tree,
growth or any branch, item, fruit or leaf designated parking area; or park any un-
thereof; or bring into or have in his pos-
session vehicle in the county park
session in any county park any tool or area overnight.
instrument which could be used for the (10) Ride a bicycle on other than a paved
cutting thereof, or any garden or agricul- vehicular road or path designated for that
tural implements or tools which could be purpose; leave a bicycle in a place other
used for the removal thereof; or pile or than a bicycle rack when such is provided,
maintain any material or debris of any or leave a bicycle lying on the ground or
kind against or upon the same or attach paving, or any place or position so as to
any rope,cable or other contrivance thereto; present any obstruction to pedestrian or -�
or set fire to any trees, shrubs, plants, vehicular traffic.
flowers,grass, plant growth or living tim-
ber, or suffer any fire upon land to extend (11) Violate any rule for the use of the park
into park lands;or go upon any prohibited which has been posted on any park sign in
lawn, grass plot or planted area. a particular park pursuant to approval by
the board of county commissioners includ-
(3) Throw, discharge, or otherwise place or ing rules and regulations posted on the
cause to beplaced in the waters of any grounds or buildings in said parks.
fountain,pond,lake,stream,bay,or other
body of water in or adjacent to any county (12) Possess, carry, or transport any glass bot-
park or any tributary,stream,storm sewer, tle or container out of doors in any county
or drain flowing into such waters, any park.
substance,matter or thing,liquid or solid, (13) Operate or cause to be operated a hand,
which will or may result in the pollution animal, motor, or engine driven wheel,
of said waters. track or other vehicle or implement on,
(4) Carry,possess,or drink any alcoholic bey- over or across any part of the sand dune,
erage in any park or in any park building hill or ridge nearest the Gulf of Mexico, or
or other park structure except at autho- the vegetation growing thereon or sea-
rized for wedding receptions and other ward thereof,or to operate or drive such a
special events. vehicle on the area seaward thereof, corn-
(5) Enter or exit any park facility except at monly referred to as the beach.
established entrance ways or exits, or at (14) Injure, kill, molest, interfere or tamper
established times. with,destroy,collect,carry,transport,pos-
(6) Attach any posters, signs, or advertise- sess,or otherwise cause any physical harm
ments to trees or any other tangible prop- to any living turtle, tortoise, shorebird,
erty except bulletin boards and other dis- bird of prey, sand dollar, shellfish, sea
plays designed for such postings. star, or any nesting of any such living
Supp. No. 24 SA246:4
PARKS AND RECREATION §246-53
thing except to the extent expressly au- (b) The geographical limits of said Collier
thorized by permit issued by the State of County Scenic Drive Park are:
Florida or an agency thereof. The right-of-way of 100 feet in width along the
(Laws of Fla. ch. 89-449, § 3; Laws of Fla. ch. so-called "Main Line" of the logging railroad
97 347, § 3; Laws of Fla. ch. 98 483, § 1; Laws of used by the Lee Tidewater Cypress Company
Fla. ch. 99 487, § 1) from 1943 through 1957, less and except that
Sec. 246-29. Enforcement. portion of said right-of-way lying and being in
A citation issued by a county park enforcement Sections 4,5,9, 10, 14, 15,23,25,26,35,and 36
officer (park ranger) under the provisions of this in Township 50 South, Range 28 East, Collier
Act shall be in a form prescribed by the board of County, Florida.
county commissioners. Such citations shall state (Laws of Fla. ch. 61-2041, §§ 1, 6)
the date and time of issuance, name and address
of the person in violation, the date of the viola- Sec. 246-52. Weapons restricted; hunting
tion,description of the violation,the Collier County prohibited; enforcement.
Ordinance and section violated,name of the citing No hunting will be permitted within said park
county park enforcement officer (park ranger), at any time. No firearms, bows and arrows or
and a date and time at which the violator shall other weapons will be permitted within the park
appear before the Collier County Code Enforce during any time of a closed hunting season as set
ment Special Master. The violator may elect a by the game and freshwater fish commission.
nonmandatory appearance and pay the fine as During the open hunting season, all hunters
prescribed by county ordinance. passing through the park must have their guns
(Laws of Fla. ch. 89 449, § 4; Laws of Fla. ch. unloaded.If the weapons,including hunting bows,
97-347, § 4; Laws of Fla. ch. 2006 337, § 1) are capable of being broken down,the same must
Sec. 246-30. Restrictions. be broken down and stored with other camp
Nothing herein contained shall be construed to equipment or within case provided for such weapon.
authorize or permit any person designated as Any sheriff, deputy sheriff, wild life officer or
county park enforcement officer (park ranger) other properly designated official shall have the
pursuant to this article to perform any function or right to stop any vehicle or hunter found within
duties of a law enforcement officer other than as the confines of said park and make a search to see
specified herein. County park enforcement offic that the above provisions are being complied
ers (park rangers) designated pursuant to this with.
article shall not make physical arrests or take any (Laws of Fla. ch. 61 2041, § 2)
person into custody and shall be exempt from the Cross references—Animals,ch.210;offenses and miscel-
laneous provisions,ch. 242.
requirements relating to the state high-hazard State law references—Special laws and general laws of
retirement program and police standards and local application pertaining to hunting or fishing prohibited,
training commission as defined by F.S. §§ 122.34 Fla.Const.art.III,§11(a)(19);discharging firearms in public,
and 943.11-943.25. F.S. §790.15;local regulation of firearms,F.S. §790.33.
(Laws of Fla. ch. 89-449, § 5)
Sec. 246-53. Destroying,cutting of flora and
Secs. 246-31-246-50. Reserved. fauna prohibited.
No person at any time may remove, cut, de-
ARTICLE III. COLLIER COUNTY SCENIC stroy,uproot or take away any flora or fauna from
DRIVE PARKS the confines of said park, including but not lim-
Sec. 246-51. Created. ited to orchids,air plants,palms,trees,shrubbery
(a) There is hereby created in Collier County, or any type of live animal.
(Laws of Fla. ch. 61-2041, § 3)
the Collier County Scenic Drive Park. The loca- State law reference—Special laws and general laws of
tion of said park will be as described in subsection local application pertaining to hunting or fishing prohibited,
(b). Fla. Const. art. III, § 11(a)(19).
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§246-54 COLLIER COUNTY CODE
Sec. 246-54. Supplemental regulations.
The board of county commissioners of Collier
County shall have the authority to implement
and supplement other and further regulations
concerning the operation and control of said park.
Such regulations shall be by appropriate resolu-
tion and after adoption be published one time in a
newspaper of general circulation in Collier County,
after which such regulation shall have the force
and effect of law.
(Laws of Fla. ch. 61-2041, § 4)
Sec. 246-55. Violations.
Violation of any of the provisions hereof or of
any of the regulations made by the board of
county commissioners of Collier County as pro-
vided in section 246-54 shall be a misdemeanor.
(Laws of Fla. ch. 61-2041, § 5)
State law reference—Penalty for violation,F.S.§§775.081,
775.082.
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Chapters 247-249
RESERVED
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