Agenda 05/14/2024 Item #16B 7 (Advertise for adoption - The Consolidated Waterways and Beaches Ordinance)05/14/2024
EXECUTIVE SUMMARY
Recommendation to direct County Attorney and County Manager or designee to advertise and bring back
for adoption the Consolidated Waterways and Beaches Ordinance that repeals, consolidates, and supersedes
existing ordinances relating to the regulation of and conduct on Collier County waterways and beaches.
OBJECTIVE: To ensure public waterway safety by adopting an ordinance compliant with state law to allow the
permitting, replacement, and enforcement of the County’s waterway regulatory markers.
CONSIDERATIONS: Collier County manages the placement and maintenance of waterway channel and
regulatory markers otherwise not controlled by other state or federal agencies. All such County-maintained markers
must be permitted and in compliance with state law. The County’s vast collection of buoys, pilings, signs, and other
devices are subject to constant and sometimes extreme effects of winds, waves, and sun, as well as collisions with
vessels and floating debris. Hurricanes Irma and Ian destroyed or damaged countless waterway markers, creating
serious safety concerns for vessels navigating County controlled waters.
The state updated its laws regulating and preempting local government’s ability to place waterway channel and
regulatory markers. The state’s update and preemption of such laws rendered many of the County’s existing
waterway markers nonconforming and otherwise invalid. Further, the state will not permit any replacement
waterway markers until the County’s waterway ordinances comply with state law.
Staff, with consultation from the County Attorney’s Office and Florida Fish and Wildlife Conservation
Commissioner (FWC), have consolidated more than a dozen County ordinances adopted over the last forty -five
years into one Consolidated Waterways and Beaches Ordinance. Edits to the laws are relatively minor and
commonsense, save for the modifications made for specific compliance with Florida Statutes section 327.46. With
that said, Ord. Nos. 76-20 (“Public Beach Access Ordinance”) and 18-31 (“Collier County Vanderbilt Beach
Customary Use Ordinance”) are being left alone and are not included as part of this consolidation for legal and
preemption purposes regarding public access to beaches.
Once this ordinance is adopted, staff can continue working with the state to permit and install new waterway
channel and regulatory markers.
This item is consistent with the Quality of Place Objectives of the County’s Strategic Plan.
FISCAL IMPACT: The fiscal impact associated with this action will include advertising fees. Funds are available
within the MSTU General Fund (1011) Coastal Zone Management (110409). Funding source is unincorporated
general funds.
GROWTH MANAGEMENT IMPACT: This item is consistent with the Conservation and Coastal Management
Element of the Growth Management Plan.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority vote for
approval. -DDP
RECOMMENDATION: To direct County Attorney and County Manager or designee to advertise and bring back
for adoption the Consolidated Waterways and Beaches Ordinance that repeals, consolidates, and supersedes
existing ordinances relating to the regulation of and conduct on Collier County waterways and beaches.
Prepared by: Andrew Miller, P.E., Manager, Coastal Zone Management
Derek D. Perry, Assistant County Attorney
ATTACHMENT(S)
1. Proposed Consolidated Waterways Ordinance (PDF)
16.B.7
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05/14/2024
2. Informational - Consolidated Waterways Ordinance - April 2024 - Clean - Numbered (PDF)
3. Informational - Consolidated Waterways Ordinance - April 2024 - Track Changes (PDF)
16.B.7
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05/14/2024
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.B.7
Doc ID: 28680
Item Summary: Recommendation to direct County Attorney and County Manager or designee to advertise and
bring back for adoption the Consolidated Waterways and Beaches Ordinance that repeals, consolidates, and
supersedes existing ordinances relating to the regulation of and conduct on Collier County waterways and beaches.
Meeting Date: 05/14/2024
Prepared by:
Title: – Capital Project Planning, Impact Fees, and Program Management
Name: Maria Becerra
04/19/2024 10:09 AM
Submitted by:
Title: Division Director - Capital Proj Plan, Impact Fees – Capital Project Planning, Impact Fees, and Program
Management
Name: Beth Johnssen
04/19/2024 10:09 AM
Approved By:
Review:
Transportation Management Services Department Jeanne Marcella Transportation Management Services
Department Completed 04/22/2024 12:42 PM
Capital Project Planning, Impact Fees, and Program Management Gloria Herrera TMSD Reviewer Completed
04/22/2024 3:03 PM
Capital Project Planning, Impact Fees, and Program Management Beth Johnssen TMSD Reviewer Completed
04/22/2024 3:48 PM
Transportation Management Operations Support Tara Castillo TMSD Reviewer Completed
04/22/2024 4:30 PM
Road Maintenance Ellen Sheffey TMSD Reviewer Completed 04/22/2024 4:55 PM
Transportation Management Services Department Trinity Scott Transportation Completed
04/26/2024 10:06 AM
County Attorney's Office Derek D. Perry Level 2 Attorney Review Completed 05/02/2024 9:06 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/02/2024 11:13 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/03/2024 12:19 PM
Community & Human Services Maggie Lopez OMB Reviewer Completed 05/03/2024 1:53 PM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/08/2024 12:38 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/14/2024 9:00 AM
16.B.7
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16.B.7.aPacket Pg. 896Attachment: Proposed Consolidated Waterways Ordinance (28680 : Recommendation to direct staff to advertise and bring back for adoption
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[21-IMP-00282/1634244/1] Page 1 of 17 4/11/2024 10:49 AM COLLIER COUNTY 1 CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE 2 3 ORDINANCE NO. 2024 - ____ 4 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 6 COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL, 7 CONSOLIDATION, AND SUPERSESSION OF EXISTING ORDINANCES 8 RELATING TO THE REGULATION OF AND CONDUCT ON 9 WATERWAYS AND BEACHES, AS SPECIFIED HEREIN, INTO THIS 10 SINGLE ORDINANCE; PROVIDING FOR CONFLICT AND 11 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF 12 LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to 15 Chapters 161 and 327, Florida Statutes, the Board of County Commissioners (“Board”) enacted 16 Ordinances, intended to promote the health, safety and welfare of the public at large, including 17 residents and visitors to the County, by providing reasonable regulation of the public’s use and 18 conduct on its beaches and adjoining waterways; and 19 20 WHEREAS, the Board wishes to consolidate these Ordinances into one Ordinance to 21 update and clarify the regulations and eliminate any regulations deemed obsolete; and 22 23 WHEREAS, pursuant to Section 327.46(1)(c), Florida Statutes, this proposed 24 Consolidated Waterways and Beaches Ordinance has been reviewed and approved by the Florida 25 Fish and Wildlife Conservation Commission for issues specific to waterways. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 29 30 SECTION ONE: Repeal of Ordinances. 31 32 The following Collier County Ordinances are repealed, consolidated, and superseded in 33 their entirety: Ordinance No. 79-8; Ordinance No. 89-11, as amended, known as the Collier County 34 Beach and Water Safety and Vessel Control Ordinance; Ordinance No. 89-86; Ordinance No. 91-35 19; Ordinance No. 91-112; Ordinance No. 92-35, Vessel Registration Fee; Ordinance No. 94-57; 36 Ordinance No. 96-16, as amended, also known as the Collier County Water Safety and Vessel 37 Control Ordinance; Ordinance No. 96-28, as amended; Ordinance No. 96-75; Ordinance No. 97-38 10; Ordinance No. 97-12; Ordinance No. 98-88; Ordinance No. 99-54; Ordinance No. 00-60; 39 Ordinance No. 07-38; and Ordinance No. 15-24. 40 41 SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: 42 43 44 16.B.7.b
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[21-IMP-00282/1634244/1] Page 2 of 17 4/11/2024 10:49 AM ARTICLE I. GENERAL 1 2 Section 1. Title and Citation. 3 4 This Ordinance shall be known and may be cited as the “Collier County Consolidated 5 Waterways and Beaches Ordinance.” 6 7 Section 2. Applicability. 8 9 The provisions of this Ordinance shall apply to and be enforced upon all waterways, creeks, 10 streams, lakes, ponds, bayous, canals, and channels, whether natural or manmade, located within 11 the unincorporated area of the County, including, but not limited to, Caxambas Pass, Chokoloskee 12 Bay, Chokoloskee Island, Clam Bay System, Clam Pass, Cocohatchee River, Delnor-Wiggins 13 Pass, Doctors Pass, Dollar Bay, Everglades City, Goodland, Gordon Pass, Gordon River, Hell’s 14 Gate, Henderson Creek, Hurricane Pass, Isles of Capri, Key Island (also known as Keewaydin 15 Island), Little Hickory Bay, Little Hickory Island, Little Marco Pass, Marco Island (where 16 applicable), Naples Bay (where applicable), Port of the Islands, Vanderbilt Lagoon, and Wiggins 17 Bay, or subject to the jurisdiction of the County by any other law or interlocal agreement . 18 19 Section 3. Intent and purpose. 20 21 It is the intent and purpose of this Ordinance to protect and promote the health, safety and 22 welfare of the public at large, including residents and visitors to the County by providing 23 reasonable regulation of the public's use and conduct on the beach and adjoining waters of the 24 County, including the designation of specific areas within which the operation of aircraft and 25 vessels may be regulated or prohibited. It is further intended that this Ordinance shall be liberally 26 construed to effect such intent and purpose. 27 28 Section 4. Definitions. 29 30 For the purposes of this Ordinance, terms and definitions are as defined in Chapters 327 and 328, 31 Fla. Stat., unless specifically stated otherwise. When not inconsistent with the context, words used 32 in the present tense include the future, words in the plural number include the singular number, 33 and the words in the singular number include the plural number. The word "shall" is always 34 mandatory and not merely directory. The following words, terms and phrases, when used in this 35 Ordinance, shall have the meanings ascribed to them , except where the context clearly indicates 36 a different meaning: 37 38 Aircraft means any motor vehicle or contrivance now known or hereinafter invented, which 39 is used or designed for navigation of or flight in the air, except a parachute or other 40 contrivance designed for such navigation but used primarily as safety equipment. The term 41 “aircraft” shall include ultralight aircraft and seaplanes. 42 43 16.B.7.b
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[21-IMP-00282/1634244/1] Page 3 of 17 4/11/2024 10:49 AM Bather means any person who is in the same water as a vessel, whether said person is 1 swimming, wading or engaged in any other activity in the water. 2 3 Bathing area means any area of the beach and adjoining waters in which bathers are located 4 or may be located, whether or not designated by signs or other form of notification. 5 6 Beach or shore means the zone of unconsolidated material that extends landward from the 7 mean low water line to the place where there is marked change in material or physiographic 8 form. 9 10 Bloodbaiting means the use of blood or bloody fish parts to attract sharks. 11 12 Camping means the erection of shelter or similar structures for the purpose of sleeping or 13 lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or 14 other protective garb. 15 16 Chumming means the throwing of bait or fish parts into the water to attract fish. 17 18 Contiguous land means any land abutting land conveyed to the county as required in this 19 article or any land which is located within one-half mile (2,640 feet) of the land conveyed 20 to the County. 21 22 County means the body politic Collier County, Florida, including the Board of County 23 Commissioners, and/or the unincorporated area of Collier County, Florida. 24 25 Decibel (dBA) means a unit for describing the amplitude of sound, as further defined by 26 Collier County’s Noise Control Ordinance No. 90-17, as amended. 27 28 Gulf means the Gulf of Mexico. 29 30 Idle Speed No Wake means, as defined by Rule 68D-24.002(2), F.A.C., as may be 31 amended, a boating-restricted area which has been established to protect the safety of the 32 public where a vessel cannot proceed at a speed greater than that speed which is necessary 33 to maintain steerageway. 34 35 License or licensed means a county occupational license or having such license. 36 37 Operate or operation means to be in charge of, in command of, or in actual physical control 38 of a vessel upon the waters of this state, to exercise control over or to have responsibility 39 for a vessel’s navigation or safety while the vessel is underway upon the waters of this 40 state, or to control or steer a vessel being towed by another vessel upon the waters of the 41 state. 42 43 16.B.7.b
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[21-IMP-00282/1634244/1] Page 4 of 17 4/11/2024 10:49 AM Permit means a beach vendor’s permit issued by the county. 1 2 Person means any individual, partnership, firm, corporation, association or other entity. 3 Personal watercraft means, as defined by Section 327.02(36), Fla. Stat., as may be 4 amended, a vessel less than 16 feet in length which uses an inboard motor powering a water 5 pump as its primary source of motive power and which is designed to be operated by a 6 person sitting, standing, or kneeling on the vessel, rather than in the conventional manner 7 of sitting or standing inside the vessel. The term personal watercraft for purposes of this 8 Ordinance shall include “jet skis” “sea sleds,” “dolphin boats,” “wave runners,” or other 9 such product name meeting the description herein provided. 10 11 Rafts, floats and flotation devices means any device, whether of canvas, vinyl, rubber, 12 styrofoam or other substance, intended or capable of assisting in the flotation of a person 13 on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but 14 shall include body boards unless the context clearly indicates otherwise. 15 16 Sailcraft means a vessel whose sole source of propulsion is the wind, including sailboats, 17 sailboards, kiteboards, and wind surfboards. 18 19 Seaplane means any aircraft that is capable of landing and/or lifting off from a water 20 surface. 21 22 Slow Speed Minimum Wake and Slow Down Minimum Wake means, as defined by section 23 68D-24.002(1), F.A.C., as may be amended, that a vessel must be fully off plane and 24 completely settled into the water. Such vessels may not proceed at a speed greater than 25 that speed which is reasonable and prudent to avoid the creation of an excessive wake or 26 other hazardous condition under the existing circumstances. 27 28 Solicit or canvass means any act, delivery, or exchange not initiated by the prospective 29 customer or which directs attention to any business, mercantile or commercial 30 establishment, or any other commercial activity, for the purpose of directly or indirectly 31 promoting commercial interests through sales, rentals, or any exchange of value. 32 33 Ultralight aircraft or ultralight means any heavier-than-air, motorized aircraft which meets 34 the criteria for maximum weight, fuel capacity and airspeed established for such aircraft 35 by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. 36 37 Vessel shall have the same definition as found in Section 327.02(46), Fla. Stat., as may be 38 amended, and is synonymous with boat and includes every description of watercraft, barge, 39 and airboat, other than a seaplane on the water, used or capable of being used as a means 40 of transportation on water. 41 42 43 16.B.7.b
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[21-IMP-00282/1634244/1] Page 5 of 17 4/11/2024 10:49 AM Section 5. Penalties. 1 2 (a) Any owner, operator, or person in command of any vessel or aircraft or any other person 3 who violates any provision of this Ordinance or fails to comply with the requirements of 4 this Ordinance shall be treated in the same manner as a misdemeanor of the second 5 degree punishable by a fine not exceeding $500.00 or by imprisonment not to exceed 60 6 days, or by both such fine and imprisonment and, upon conviction thereof, shall be fined 7 or imprisoned, or both, as provided by law, and in addition shall pay all costs and 8 expenses incurred in the prosecution of such violation. 9 10 (b) All violations of this Ordinance may be processed according to the Collier County 11 Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per 12 provisions of chapter 162, pts. I or II, Fla. Stat., as may be applicable. 13 14 (c) Civil violation and infraction penalty and fine amounts shall be in accordance with those 15 set or published by the Collier County Clerk of Courts. 16 17 Section 6. Enforcement. 18 19 (a) The provisions of this Ordinance shall be enforced by any member of any duly authorized 20 law enforcement agency or officers having enforcement jurisdiction in Collier County, 21 Florida, including code enforcement officers. Civil citations may be used to notify the 22 defendant of allegations of violations of this Ordinance. 23 24 (b) Area of enforcement. The area of enforcement of the provisions of this section shall be all 25 waters, creeks, bayous, canals and channels whether natural or manmade located within 26 unincorporated Collier County. 27 28 16.B.7.b
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[21-IMP-00282/1634244/1] Page 6 of 17 4/11/2024 10:49 AM ARTICLE II. VESSEL CONTROL 1 2 Section 1. Vessel registration fee. 3 4 (a) Imposition. Those vessels stored or operated within the jurisdiction of the county which 5 are required by law to be registered with the state shall be subject to a county vessel 6 registration fee which shall be in the amount of 50 percent of the currently applicable state 7 registration certificate fee, and will be added to the current state fee. The county vessel 8 registration fees shall be and reflect 50 percent of the state vessel registration fees as set 9 forth in Section 328.72(1), Fla. Stat., Vessel Registration Fee, and as it may be amended 10 hereafter. 11 12 (b) Collection of fees. The county vessel registration fee shall be collected by the tax collector 13 at the time of state vessel registration. 14 15 (c) Payment/schedule. The tax collector shall be paid a collection fee, in accordance with. 16 section 192.091, Fla. Stat., Commissions of Property Appraisers and Tax Collectors, and 17 as it may be amended hereafter. 18 19 (d) Distribution of fees. Dollar amounts required by section 328.72(15), Fla. Stat., of every 20 vessel registration fee shall be remitted to the state for deposit. All other funds (after 21 payment to the tax collector and the motor boat revolving trust fund) shall be expended for 22 the patrol, regulation, and maintenance of the lakes, rivers, or waters and for other boating-23 related activities in the County. 24 25 Section 2. Vessel regulation. 26 27 (a) Idle Speed, No Wake Boating-Restricted Areas. The County may enact Boating-Restricted 28 Areas by Ordinance to establish Idle Speed, No Wake Boating-Restricted Areas, in 29 accordance with section 327.46, Fla. Stat., as may be amended. 30 31 32 (1) The operation of any vessel in excess of Idle Speed, No Wake, as defined herein, 33 in or on any waters specified as an Idle Speed, No Wake Boating-Restricted Area 34 is hereby prohibited and is a violation of this Ordinance. Said prohibition is 35 effective and enforceable provided the Idle Speed, No Wake Boating-Restricted 36 Area is designated by regulatory marker, signage, buoy, or any other notice. The 37 locations of any and all such notices (including informational signage) shall be 38 placed at the discretion of County staff and shall not be subject to the Land 39 Development Code. All such notices posted by the County are official notices of 40 the County. Provided the restricted area is posted as an Idle Speed, No Wake 41 Boating-Restricted Area, it is no defense to a violation of this Ordinance to allege 42 16.B.7.b
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[21-IMP-00282/1634244/1] Page 7 of 17 4/11/2024 10:49 AM that the person issued a notice of violation of this Ordinance did not observe posted 1 notice. 2 3 (2) No person shall operate a vessel in any area designated and posted as an Idle Speed, 4 No Wake Boating-Restricted Area at a speed greater than Idle Speed, No Wake. 5 Any vessel operating in an Idle Speed, No Wake Boating-Restricted Area must 6 operate at the minimum speed that allows the vessel to maintain headway and 7 steerageway. 8 9 (3) The following areas are designated as Idle Speed, No Wake Boating-Restricted 10 Areas: 11 12 a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or 13 landing facility available for use by the general boating public on waterways 14 more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine 15 railway, or other launching or landing facility available for use by the general 16 boating public on waterways not exceeding 300 feet in width. 17 b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that 18 sells motor fuel to the general boating public on waterways more than 300 feet 19 in width or within 300 feet of the fuel pumps or dispensers at any licensed 20 terminal facility that sells motor fuel to the general boating public on waterways 21 not exceeding 300 feet in width. 22 c. Inside or within 300 feet of any lock structure. 23 24 (4) Idle Speed, No Wake Boating-Restricted Areas. The County hereby adopts and 25 designates the respective areas depicted on Exhibit “A” as Idle Speed, No Wake 26 Boating-Restricted Areas. 27 28 (b) Slow Speed, Minimum Wake Boating-Restricted Areas. The County may enact Boating-29 Restricted Areas by Ordinance to establish Slow Speed, Minimum Wake Boating-30 Restricted Areas, in accordance with section 327.46, Fla. Stat., as may be amended. 31 32 (1) No person shall operate a vessel in any area designated and posted as a Slow Speed, 33 Minimum Wake Boating-Restricted Area at a speed greater than Slow Speed, 34 Minimum Wake. Any vessel operating in a Slow Speed, Minimum Wake Boating-35 Restricted Area must operate fully off plane and completely settled in the water. 36 The vessel’s wake must not be excessive nor create a hazard to other vessels. 37 38 (2) The following are designated as Slow Speed, Minimum Wake Boating-Restricted 39 Areas: 40 41 a. Within 300 feet of any bridge fender system. 42 16.B.7.b
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[21-IMP-00282/1634244/1] Page 8 of 17 4/11/2024 10:49 AM b. Within 300 feet of any bridge span presenting a vertical clearance of less than 1 25 feet or a horizontal clearance of less than 100 feet. 2 c. On a creek, stream, canal, or similar linear waterway if the waterway is less 3 than 75 feet in width from shoreline to shoreline. 4 d. On a lake or pond of less than 10 acres in total surface area. 5 6 (3) Slow Speed, Minimum Wake Boating-Restricted Areas. The County hereby adopts 7 and designates the respective areas depicted on Exhibit “B” as Slow Speed, 8 Minimum Wake Boating-Restricted Areas. 9 10 (c) Vessel-Exclusion Zones. The County may enact Vessel-Exclusion Zones by Ordinance 11 where the area is designated as a public bathing beach or swim area, or a canoe trail or area 12 otherwise limited to non-motorized vessels, in accordance with Section 327.46, Fla. Stat., 13 as may be amended. 14 15 (1) No person shall operate a motorized vessel or sailcraft within a Vessel-Exclusion 16 Zone, provided that this subsection shall not apply in the case of an emergency or 17 to a patrol or rescue craft. 18 19 (2) Vessel-Exclusion Zones. The County hereby adopts and designates the respective 20 areas depicted on Exhibit “C” as Vessel-Exclusion Zones. 21 22 (d) Personal watercraft regulation. No person shall operate personal watercraft: 23 24 (1) Within Vessel-Exclusion Zones; in excess of Idle Speed, No Wake in Idle Speed, 25 No Wake Boating-Restricted Areas; or in excess of Slow Speed, Minimum Wake 26 in Slow Speed, Minimum Wake Boating-Restricted Areas. 27 28 (2) In an unsafe, reckless or careless manner endangering the life, limb, or property of 29 any person. 30 31 (e) Careful and prudent operation required. Every person operating or navigating any vessel 32 in, on or under any waters within the unincorporated areas of Collier County shall do so in 33 a careful and prudent manner, taking into consideration the environmental conditions, 34 water skiers and other boats and watercraft and all other attendant circumstances so as not 35 to endanger the life, limb or property of any person. Failure to operate a boat in such a 36 careful and prudent manner shall constitute careless boating and a violation of this 37 Ordinance. 38 39 (f) Official government business. Except during an emergency or operation by an official of 40 the government while engaged in official business, the operation of any vessel shall 41 conform to this Ordinance, as well as federal, state, and local law. 42 43 16.B.7.b
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[21-IMP-00282/1634244/1] Page 9 of 17 4/11/2024 10:49 AM (g) Speed not to be greater than what is reasonable under the conditions. Nothing contained 1 in this Ordinance shall be construed to authorize or approve any speed greater than is 2 reasonable and proper in consideration of local conditions, other water traffic, persons 3 swimming or fishing in the area, or other hazards. 4 5 (h) Exemptions. The following shall be exempted from the provisions of this section: 6 7 (1) The provisions of this section shall not be construed to prohibit the operation, racing 8 or exhibition of vessels or sailcraft during a publicly announced, properly 9 authorized, supervised and adequately patrolled regatta, speed trial, or exhibition. 10 11 (2) The operators of law enforcement or rescue vessels or vessels operating under 12 emergency conditions shall be exempted while conducting official duties or 13 operating under emergency conditions. 14 15 16 17 18 19 20 21 22 23 16.B.7.b
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[21-IMP-00282/1634244/1] Page 10 of 17 4/11/2024 10:49 AM ARTICLE III. BEACH AND WATER SAFETY 1 2 Section 1. Regulation of use and conduct on the beach. 3 4 (a) Possession of glass containers prohibited. It shall be unlawful for any person while on the 5 beach or beach access areas to possess or utilize any glass bottle or container. 6 7 (b) Restrictions on animals on beach. It shall be unlawful for any person owning or have under 8 his control any animal, to permit such animal upon the beach, except guide dogs 9 accompanying visually impaired persons or hearing ear dogs accompanying hearing 10 impaired persons shall be allowed on the beach at all times. 11 12 (c) Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful for 13 any person to have an open fire on the beach. Said prohibition shall not include a stove or 14 grill where so designated and posted by the County Parks and Recreation Department. It 15 shall be unlawful for any person to dispose of any coals, briquets, embers or other heated 16 object from any stove or grill at the beach in other than a county designated receptacle. 17 18 (d) Overnight camping prohibited. It shall be unlawful to camp overnight on the beach, except 19 for recreational purposes on property designated for such purposes. 20 21 (e) Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet from 22 shore to intentionally fish for sharks or to fish by those methods commonly known as 23 "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any 24 sort on the part of any law enforcement officer or county employee to prevent fishing or to 25 warn of the presence of sharks in the Gulf of Mexico. 26 27 (f) Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to throw 28 any ball, frisbee, or other object through any bathing area after having been warned by any 29 law enforcement officer that such activity interferes with or endangers the movement of 30 pedestrian traffic or public safety. 31 32 (g) Swimming. No person, except a person actually engaged in a rescue attempt, shall: 33 34 (1) Swim or bathe within 150 feet measured in any direction from a pier or jetty; or 35 36 (2) Swim or bathe in any area posted exclusively for vessel and/or sailcraft use. 37 38 (h) Use of rafts, floats, and other flotation devices. No person shall use any raft, float, body 39 board, or other flotation device of any description, except for a vessel or sailcraft, more 40 than 500 feet from the water's edge. 41 42 16.B.7.b
Packet Pg. 940 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Clean - Numbered (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 11 of 17 4/11/2024 10:49 AM (i) Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or 1 sailcraft of any description, whether motorized or not, surf or otherwise use any other 2 equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or 3 any chemical substance as set forth in section 877.111, Fla. Stat. or any substance 4 controlled under chapter 893, Fla. Stat. to the extent that the person's normal faculties are 5 impaired. 6 7 (j) Use of aircraft on beach or from or over specified saltwater area prohibited. No person 8 shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or "ultralight 9 vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph 103.1, on or 10 from the beach or adjoining water within 500 feet of the water's edge. In the area west of a 11 southerly projection of a north/south line that bisects the intersection of County Road 92 12 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person shall operate any 13 ultralight (including ultralight trainers and ultralight vehicles) from, on or over any 14 saltwater except at a horizontal distance greater than 500 feet seaward from the nearest 15 shoreline of the mainland or nearest shoreline of the nearest island, whichever is the most 16 restrictive reference point. 17 18 (k) Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of the 19 public on the beach: 20 21 (1) By other than licensed concessionaires of goods and services for use or 22 consumption on the beach. No person other than a licensed concessionaire shall 23 solicit or canvass for the sale or rental of merchandise, services, goods, or property 24 of any kind or character intended for use or consumption on the beach. 25 26 (2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for 27 the sale or rental of any merchandise, services, goods or property of any kind or 28 character except from within or within ten feet of his licensed premises or vehicle. 29 30 (3) By any person of goods and services for use or consumption off the beach. No 31 person shall solicit or canvass for the sale or rental of any merchandise, services, 32 goods or property of any kind or character to be delivered or performed off the 33 beach. 34 35 (l) Sound amplification. No audio device, such as loudspeakers, television, radio, compact 36 disc, tape, or record player, or musical instrument, except equipment used by law 37 enforcement, rescue or beach safety personnel, shall be used on the beach in a manner that: 38 39 (1) Exceeds a noise level of 60 decibels (dBA) in compliance with the Collier County 40 Noise Control Ordinance No. 90-17, as amended; or 41 42 16.B.7.b
Packet Pg. 941 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Clean - Numbered (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 12 of 17 4/11/2024 10:49 AM (2) Otherwise violates the Collier County Noise Control Ordinance No. 90-17, as 1 amended. 2 3 (m) Breach of the peace; disorderly conduct. No person shall commit such acts as are of a 4 nature to corrupt the public morals, or outrage the sense of public decency, or affect the 5 peace and quiet of persons who may witness them, or engage in brawling or fighting, or 6 engage in such conduct as to constitute a breach of the peace or disorderly conduct. 7 8 (n) Removal of beach sand. No beach sand may be removed from the beach. 9 10 (o) Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon 11 any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or 12 ashes, or any other litter, except in designated containers for that purpose. It is further 13 unlawful to dispose of any household garbage on the beach. 14 15 (p) Trespass: construction, restoration, and/or renourishment projects or construction sites. 16 17 (1) It shall be a separate violation of this article for any individual to refuse to 18 immediately and completely obey an oral order (instruction) to leave a beach area 19 undergoing construction, restoration, and/or renourishment, or to move his/her 20 person to some other area of the beach, if the order (instruction) is personally 21 communicated to the individual by any employee, contractor, vendor, or other 22 official who at such time and place has authority to issue such an instruction. 23 24 (2) It is a separate violation of this article for any individual to commit a trespass into 25 (or within) any secure area of a beach area undergoing construction, restoration, 26 and/or renourishment, provided signs are posted in conspicuous areas and such 27 signs give notice that unauthorized entry into the respective secured area constitutes 28 a trespass, and the signs specify the means that are available for gaining authorized 29 access to the respective secure area. Collier County Parks and Recreation Division 30 or Coastal Management Program Division are each hereby authorized to designate 31 such secure area(s) as it deems appropriate by posting appropriate signs. Each such 32 trespass in any secured area of an airport is an independent violation of this article 33 irrespective of application of any County rule or regulation. 34 35 (q) Key Island (also known as Keewaydin Island). 36 37 (1) Prohibited Activities: 38 39 a. Hunting, harassing, possessing or trapping wildlife. 40 b. Use of animal trapping or concealment devices. 41 c. Admission of unleashed domestic animals, except those ADA Service Animals. 42 16.B.7.b
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[21-IMP-00282/1634244/1] Page 13 of 17 4/11/2024 10:49 AM d. Transplantation or removal of any plant or animal, or parts of plants or animals 1 (living or dead), except as provided herein. 2 e. Removal, disturbance, pollution or destruction of property, or natural or cultural 3 resources. 4 f. Solicitation or distribution of commercial materials and advertising of any 5 commercial event, other than Department materials or announcements of 6 Department-sponsored or sanctioned events and gatherings. 7 g. Possession of glass containers prohibited. It shall be unlawful for any person 8 while on the beach or beach access areas to possess or utilize any glass bottle 9 or container. 10 11 (2) Limited Activities: 12 13 a. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads 14 specifically designated for those activities. 15 b. Recreational camping may be conducted only on property designated for such 16 purposes. 17 c. Fires are allowed only in designated areas. 18 d. Visitors shall be responsible for the proper disposal of all wastewater, refuse 19 and trash, by placing it in designated containers, if provided, or removed to an 20 off-site disposal facility or receptacle. 21 e. Vehicles are allowed only in areas designated as public access roads. 22 f. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas 23 located inside the boundaries of the Buffer Preserves is allowed only where 24 designated for such use with signs. 25 26 27 16.B.7.b
Packet Pg. 943 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Clean - Numbered (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 14 of 17 4/11/2024 10:49 AM Section 2. Concession operations, equipment rentals and vendors on the beach and adjoining 1 waters. 2 3 The safety and welfare of the persons that reside nearby the County's beach areas and of the public 4 that recreate on the beach and adjoining waters makes necessary and appropriate the following 5 regulations: 6 7 (a) Beach vendor permit requirement. Any person or entity to be engaged in the sale of goods, 8 services, rental, leasing, bailment, or otherwise providing recreational equipment for 9 remuneration, including any motorized or wind-driven vessel for use by the public on the 10 beach or adjoining waters of the County shall be required to obtain a beach vendor 11 permit/license from the County. A beach vendor permit/license shall issue and be 12 maintained upon the applicant paying such application fee therefor as established from 13 time-to-time by the County by Resolution. The applicant must meet the following 14 requirements: 15 16 (1) The applicant must have an operations office or headquarters located at a land-17 based location in an area immediately adjacent to where the permitted/licensed 18 activities are to be provided for public use. The office/headquarters must be located 19 only on land that is immediately seaward of the upland owner's main building 20 adjacent to that adjoining beach. The land-based operations/activities must be 21 conducted wholly within the geographic confines of the two seaward projections of 22 the north/south property lines of the upland parcel, and the office/headquarters must 23 have direct physical access to the beach and salt water. In the event the 24 permittee/licensee has its authorization to occupy the upland headquarters area 25 terminated or otherwise cancelled by the upland landowner or from whatever other 26 person or entity authorized that permittee/licensee to occupy that upland area, loss 27 of right of that upland occupancy shall thereby automatically void the then existing 28 Collier County beach vendor's permit/license for that area. 29 30 (2) The applicant must have and maintain a telephone and marine radio at its land-31 based operations office. 32 33 (3) If the applicant is engaged in the rental of motorized or windblown equipment, or 34 other vessel rentals, the applicant must have a motorized chase boat with 35 operational marine radio in good running condition that meets all U.S. Coast Guard 36 safety requirements. That boat must be kept at the vessel rental site during all hours 37 of applicant's rental operations. 38 39 (4) The applicant must have and maintain comprehensive general liability insurance 40 with coverage not less than the amount of $500,000.00 combined single limits or 41 the amount specified in the County contract, whichever is greater. 42 43 16.B.7.b
Packet Pg. 944 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Clean - Numbered (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 15 of 17 4/11/2024 10:49 AM (5) The applicant shall provide a list describing and indicating the state vessel 1 registration number of each motorized vessel applicant places in service. Each 2 motorized vessel placed in service for public use under a Collier County beach 3 vendor's permit/license shall have a state vessel registration number affixed thereon 4 at all times. 5 6 (6) The applicant shall provide at least one operational life vest for each occupant space 7 on each of the vessels to be offered for public use under this section. 8 9 (7) The applicant must provide a site plan for the beach operation that includes the 10 operation's boundaries on the beach and the ingress and egress points to that 11 operation. No operation boundary shall extend into any pedestrian pathway. 12 13 (8) The applicant is required to obtain a County occupational license for its operations 14 office required under this section. To obtain an occupational license, the applicant 15 must provide proof of having a current, valid beach vendor's permit. Revocation of 16 the occupational license shall automatically void the respective beach vendor 17 permit/license. 18 19 (9) If a permit/license holder violates any condition of the beach vendor permit/license 20 during any permit/license year and is notified by the County in writing of the 21 violation, the director of parks and recreation is authorized to impose conditions on 22 the subsequent annual beach vendor's permit/license (a probationary 23 permit/license), including issuing a month-to-month permit/license that shall be 24 summarily voidable for any similar or dissimilar violation of any of the 25 permit/license condition(s). 26 27 (b) Beach vendor permittee, vessel user regulations/general regulations. 28 29 (1) Operator age restrictions applicable to operation of all vessels with ten horsepower 30 or greater. As required by section 327.395, Fla. Stat., the rental to or operation of a 31 motorized vessel powered by a motor of ten horsepower or greater is prohibited to 32 anyone born after January 1, 1988, unless that person has in his/her possession 33 aboard the vessel photographic identification and a boater safety identification card 34 issued pursuant to section 327.395, Fla. Stat. A person is exempt from this 35 provision if they are accompanied in the vessel by a person who holds an 36 identification card in compliance with this section, is 18 years of age or older, and 37 is attending to the operation of the vessel and responsible for the sage operation of 38 the vessel and for any violation that occurs during operation of the vessel. 39 40 (2) The renter, user, passenger of or on any vessel described in this section shall have 41 on board an operational life vest while using or having such vessel in the water; and 42 16.B.7.b
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[21-IMP-00282/1634244/1] Page 16 of 17 4/11/2024 10:49 AM it is a violation of this section for any such person using such vessel not to have a 1 life vest on board. 2 3 (3) Pre-ride safety instructions. Each livery must also provide pre-ride boater safety 4 instruction and safety information to each person who rents a vessel powered by a 5 motor rated at ten horsepower or greater. 6 7 (4) Display of rental personal watercraft speed limit information. Each rental personal 8 watercraft must conspicuously display the special speed limit instructions that 9 apply within all the respective distances from the shore. The speed instructions must 10 be easily visible to the operator of the rental jet ski when the operator is in the 11 operating position on the personal watercraft. 12 13 (5) Mufflers on rental personal watercraft. Each rental personal watercraft must always 14 operate with stock mufflers or with mufflers that are quieter than stock mufflers. 15 16 (6) Each renter of a personal watercraft must read and initial that he/she understands 17 the speed and operation restrictions placed upon operation of personal watercraft 18 by this section and/or by Chapter 327, Fla. Stat. 19 20 (7) Rental personal watercraft identification markings. Each rental personal watercraft 21 must display identifying letters and/or numbers that identify the specific personal 22 watercraft. Each identification number and/or letter, trademark, logo, and/or 23 company name must be at least four inches in height and must contrast with its 24 background color so as to be easily visible at a distance of 250 feet by a person with 25 20/20 vision. 26 27 (8) No person shall operate personal watercraft within a Vessel-Exclusion Zone, in 28 excess of Idle Speed, No Wake in Idle Speed, No Wake Boating-Restricted Areas, 29 or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake 30 Boating-Restricted Areas. 31 32 (9) Safe operation of personal watercraft. All personal watercraft must be operated in 33 a reasonable and prudent manner at all times. Maneuvers which unreasonably or 34 unnecessarily endanger life, limb, or property, including weaving through 35 congested vessel traffic, jumping the wake of another vessel unreasonably or 36 unnecessarily close to such vessel or when visibility around such vessel is 37 obstructed, or the vessel is operated in a manner that required intentional swerving 38 at the last moment to avoid collision, constitute reckless operation. Personal 39 watercraft are not limited to vessels that have one or two occupants. 40 41 42 16.B.7.b
Packet Pg. 946 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Clean - Numbered (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 17 of 17 4/11/2024 10:49 AM SECTION THREE: Conflict and Severability. 1 2 In the event this Ordinance conflicts with any other ordinance of Collier County or other 3 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 4 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 5 separate, distinct and independent provision and such holding shall not affect the validity of the 6 remaining portion. 7 8 SECTION FOUR: Inclusion in the Code of Laws and Ordinances. 9 10 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 11 Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-12 lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or 13 any other appropriate word. 14 15 SECTION FIVE: Effective Date. 16 17 This Ordinance shall be effective upon filing with the Florida Department of State. 18 19 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 20 County, Florida, this ______ day of _______________ 2024. 21 22 23 ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ________________________ Deputy Clerk By: _____________________________ Chris Hall, Chairman Approved as to form and legality: ______________________________ Derek D. Perry Assistant County Attorney Attachments: 24 25 Exhibit “A” – Idle Speed, No Wake Boating-Restricted Areas 26 Exhibit “B” – Slow Speed, Minimum Wake Boating-Restricted Areas 27 Exhibit “C” – Vessel-Exclusion Zones 28 16.B.7.b
Packet Pg. 947 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Clean - Numbered (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 1 of 28 4/11/2024 10:48 AM COLLIER COUNTY 1 CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE 2 3 ORDINANCE NO. 2024 - ____ 4 5 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF 6 COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL, 7 CONSOLIDATION, AND SUPERSESSION OF EXISTING ORDINANCES 8 RELATING TO THE REGULATION OF AND CONDUCT ON 9 WATERWAYS AND BEACHES, AS SPECIFIED HEREIN, INTO THIS 10 SINGLE ORDINANCE; PROVIDING FOR CONFLICT AND 11 SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF 12 LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to 15 Chapters 161 and 327, Florida Statutes, the Board of County Commissioners (“Board”) enacted 16 Ordinances, intended to promote the health, safety and welfare of the public at large, including 17 residents and visitors to the County, by providing reasonable regulation of the public’s use and 18 conduct on its beaches and adjoining waterways; and 19 20 WHEREAS, the Board wishes to consolidate these Ordinances into one Ordinance to 21 update and clarify the regulations and eliminate any regulations deemed obsolete; and 22 23 WHEREAS, pursuant to Section 327.46(1)(c), Florida Statutes, this proposed 24 Consolidated Waterways and Beaches Ordinance has been reviewed and approved by the Florida 25 Fish and Wildlife Conservation Commission for issues specific to waterways. 26 27 NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 29 30 SECTION ONE: Repeal of Ordinances. 31 32 The following Collier County Ordinances are repealed, consolidated, and superseded in 33 their entirety: Ordinance No. 79-8; Ordinance No. 89-11, as amended, known as the Collier County 34 Beach and Water Safety and Vessel Control Ordinance; Ordinance No. 89-86; Ordinance No. 91-35 19; Ordinance No. 91-112; Ordinance No. 92-35, Vessel Registration Fee; Ordinance No. 94-57; 36 Ordinance No. 96-16, as amended, also known as the Collier County Water Safety and Vessel 37 Control Ordinance; Ordinance No. 96-28, as amended; Ordinance No. 96-75; Ordinance No. 97-38 10; Ordinance No. 97-12; Ordinance No. 98-88; Ordinance No. 99-54; Ordinance No. 00-60; 39 Ordinance No. 07-38; and Ordinance No. 15-24. 40 41 SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: 42 43 44 16.B.7.c
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[21-IMP-00282/1634244/1] Page 2 of 28 4/11/2024 10:48 AM ARTICLE I. - IN GENERAL 1 2 Section 1. Title and Citation. 3 4 This Ordinance shall be known and may be cited as the “Collier County Consolidated 5 Waterways and Beaches Ordinance.” 6 7 Section 2. Sec. 146-35. Applicability. 8 9 The provisions of this Ordinance This article shall apply to and be enforced upon all 10 waterways, creeks, streams, lakes, ponds, bayous, canals, and channels, whether natural or 11 manmade, located within the unincorporated area of the cCounty, including, but not limited to, 12 Caxambas Pass, Chokoloskee Bay, Chokoloskee Island, Clam Bay System, Clam Pass, 13 Cocohatchee River, Delnor-Wiggins Pass, Doctors Pass, Dollar Bay, Everglades City, Goodland, 14 Gordon Pass, Gordon River, Hell’s Gate, Henderson Creek, Hurricane Pass, Isles of Capri, Key 15 Island (also known as Keewaydin Island), Little Hickory Bay, Little Hickory Island, Little Marco 16 Pass, Marco Island (where applicable), Naples Bay (where applicable), Port of the Islands, 17 Vanderbilt Lagoon, and Wiggins Bay, or subject to the jurisdiction of the County by any other law 18 or interlocal agreement Sand Dollar Island and Little Hickory Island, and, except as otherwise 19 specified herein, shall not apply to the other barrier islands within county jurisdiction. 20 21 Section 3. Sec. 146-34. Intent and purpose. 22 23 It is the intent and purpose of this division Ordinance to protect and promote the health, 24 safety and welfare of the public at large, including residents and visitors to the Ccounty by 25 providing reasonable regulation of the public's use and conduct on the beach and adjoining waters 26 of the Ccounty, including the designation of specific areas within which the operation of aircraft 27 and vessels may be regulated or prohibited. It is further intended that this division Ordinance shall 28 be liberally construed to effect such intent and purpose. 29 30 Section 4. Sec. 146-32. Definitions. 31 32 For the purposes of this Ordinance, terms and definitions are as defined in Chapters 327 and 328, 33 Fla. Stat., unless specifically stated otherwise. When not inconsistent with the context, words used 34 in the present tense include the future, words in the plural number include the singular number, 35 and the words in the singular number include the plural number. The word "shall" is always 36 mandatory and not merely directory. The following words, terms and phrases, when used in this 37 divisionOrdinance, shall have the meanings ascribed to them in this section, except where the 38 context clearly indicates a different meaning: 39 40 Aircraft means any motor vehicle or contrivance now known or hereinafter invented, which 41 is used or designed for navigation of or flight in the air, except a parachute or other 42 16.B.7.c
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[21-IMP-00282/1634244/1] Page 3 of 28 4/11/2024 10:48 AM contrivance designed for such navigation but used primarily as safety equipment. The term 1 “aircraft” shall include ultralight aircraft and seaplanes. 2 3 A-weighted scale or sound level means the sound pressure level in decibels as measured on 4 a sound level meter using the A-weighted network. The level so read is designated dBA. 5 6 Bather means any person who is in the same water as a vessel, whether said person is 7 swimming, wading or engaged in any other activity in the water. 8 9 Bathing area means any area of the beach and adjoining waters in which bathers are located 10 or may be located, whether or not designated by signs or other form of notification. 11 12 Beach or shore means the soft sand portion of land lying seaward of a seawall or line of 13 permanent vegetation and seaward of the mean high water line. is the zone of 14 unconsolidated material that extends landward from the mean low water line to the place 15 where there is marked change in material or physiographic form, or to the line of permanent 16 vegetation. 17 18 Bloodbaiting means the use of blood or bloody fish parts to attract sharks. 19 20 Camping means the erection of shelter or similar structures for the purpose of sleeping or 21 lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or 22 other protective garb. 23 24 Chumming means the throwing of bait or fish parts into the water to attract fish. 25 26 Contiguous land means any land abutting land conveyed to the county as required in this 27 article or any land which is located within one-half mile (2,640 feet) of the land conveyed 28 to the cCounty as permitted in subsection 146-65(g). 29 30 County means the body politic Collier County, Florida, including the Board of County 31 Commissioners, and/or the unincorporated area of Collier County, Florida. 32 33 Decibel (dBA) means a unit for describing the amplitude of sound,, equal to 20 times the 34 logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference 35 pressure, which is 20 micronewtons per square meter. as further defined by Collier 36 County’s Noise Control Ordinance No. 90-17, as amended. 37 38 Gulf means the Gulf of Mexico. 39 40 Idle speed means the lowest speed at which a vessel or sailcraft can operate and maintain 41 steering control. 42 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 4 of 28 4/11/2024 10:48 AM Idle Speed No Wake means, as defined by Rule 68D-24.002(2), F.A.C., as may be 1 amended, a boating-restricted area which has been established to protect the safety of the 2 public where a vessel cannot proceed at a speed greater than that speed which is necessary 3 to maintain steerageway. 4 5 Jet ski means any personal watercraft designed exclusively for the riding enjoyment of one 6 or two persons, being propelled by propellers or by a jet pump with a fully enclosed 7 impeller and not weighing over 350 pounds or having a length greater than ten feet. The 8 term jet ski for purposes of this division shall include “sea sleds,” “dolphin boats,” “wave 9 runners,” or other such product name meeting the description herein provided. 10 11 License or licensed means a county occupational license or having such license. 12 13 A motorboat in a manatee sanctuary area designated as a slow speed zone, (1) that is 14 operating on a place is not proceeding at slow speed; (2) that produces no wake or minimum 15 wake is proceeding at slow speed; (3) that is in the process of coming off plane and settling 16 into the water, which action creates more than no or minimum wake is not proceeding at 17 slow speed; (4) that is completely off plane and which has settled into the water and is 18 proceeding without wake or with minimum wake is proceeding at slow speed. 19 20 Operate or operation means to navigate or otherwise use any aircraft or vessel in or on the 21 water to be in charge of, in command of, or in actual physical control of a vessel upon the 22 waters of this state, to exercise control over or to have responsibility for a vessel’s 23 navigation or safety while the vessel is underway upon the waters of this state, or to control 24 or steer a vessel being towed by another vessel upon the waters of the state. 25 26 Permit means a beach vendor’s permit issued by the county. 27 28 Person means any individual, partnership, firm, corporation, association or other entity. 29 Personal watercraft means, as defined by Section 327.02(36), Fla. Stat., as may be 30 amended, a vessel less than 16 feet in length which uses an inboard motor powering a water 31 pump as its primary source of motive power and which is designed to be operated by a 32 person sitting, standing, or kneeling on the vessel, rather than in the conventional manner 33 of sitting or standing inside the vessel. The term personal watercraft for purposes of this 34 Ordinance shall include “jet skis” “sea sleds,” “dolphin boats,” “wave runners,” or other 35 such product name meeting the description herein provided. 36 37 Rafts, floats and flotation devices means any device, whether of canvas, vinyl, rubber, 38 styrofoam or other substance, intended or capable of assisting in the flotation of a person 39 on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but 40 shall include body boards unless the context clearly indicates otherwise. 41 42 16.B.7.c
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[21-IMP-00282/1634244/1] Page 5 of 28 4/11/2024 10:48 AM Sailcraft means a wind-propelled vehicle used or capable of being used as a means of 1 transportation on or in the water vessel whose sole source of propulsion is the wind, 2 including sailboats, sailboards, kiteboards, and wind surfboards. 3 4 Seaplane means any aircraft that is capable of landing and/or lifting off from a water 5 surface. 6 7 Slow speed means not speed greater than that which is reasonable and prudent to avoid 8 either intentionally or negligently annoying, molesting, harassing, disturbing, colliding 9 with, injuring or harming manatees and which comports with the duty of all persons to use 10 due care under the circumstances. 11 12 Slow Speed Minimum Wake and Slow Down Minimum Wake means, as defined by section 13 68D-24.002(1), F.A.C., as may be amended, that a vessel must be fully off plane and 14 completely settled into the water. Such vessels may not proceed at a speed greater than 15 that speed which is reasonable and prudent to avoid the creation of an excessive wake or 16 other hazardous condition under the existing circumstances. 17 18 Solicit or canvass means any act, delivery, or exchange not initiated by the prospective 19 customer or which directs attention to any business, mercantile or commercial 20 establishment, or any other commercial activity, for the purpose of directly or indirectly 21 promoting commercial interests through sales, rentals, or any exchange of value. 22 23 Surfing means the riding or paddling of a surfboard within the waters of the Gulf of Mexico 24 abutting or adjacent to the beach. 25 26 Ultralight aircraft or ultralight means any heavier-than-air, motorized aircraft which meets 27 the criteria for maximum weight, fuel capacity and airspeed established for such aircraft 28 by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. 29 30 Vessel means a motor propelled or artificially propelled vehicle and every other description 31 of boat, watercraft, barge, and airboat other than a seaplane on the water, used or capable 32 of being used as a means of transportation on or in the water, including jet skis. shall have 33 the same definition as found in Section 327.02(46), Fla. Stat., as may be amended, and is 34 synonymous with boat and includes every description of watercraft, barge, and airboat, 35 other than a seaplane on the water, used or capable of being used as a means of 36 transportation on water. 37 38 39 16.B.7.c
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[21-IMP-00282/1634244/1] Page 6 of 28 4/11/2024 10:48 AM Section 5. Sec. 146-33. Penaltiesy. 1 2 (a) Any owner, operator, or person in command of any vessel or aircraft or any other person 3 who violates the any provisions of this division Ordinance or fails to comply with the 4 requirements of this division Ordinance shall be guilty of treated in the same manner as a 5 misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by 6 imprisonment not to exceed 60 days, or by both such fine and imprisonment and, upon 7 conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in 8 addition shall pay all costs and expenses incurred in the prosecution of such violation. In 9 addition, and as an alternative means of enforcement, the county may enforce the 10 provisions or requirements of this division by means of any available civil remedy before 11 the appropriate code enforcement board or in a court of competent jurisdiction. 12 13 (b) All violations of this Ordinance may be processed according to the Collier County 14 Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per 15 provisions of chapter 162, pts. I or II, Fla. Stat., as may be applicable. 16 17 (c) Civil violation and infraction penalty and fine amounts shall be in accordance with those 18 set or published by the Collier County Clerk of Courts. 19 20 21 Section 6. Sec. 146-57. Enforcement. 22 23 (a) The provisions of this division Ordinance shall be enforced by any member of any duly 24 authorized law enforcement agency or officers having enforcement jurisdiction in Collier 25 County, Florida, including code enforcement officers. Civil citations may be used to notify 26 the defendant of allegations of violations of this divisionOrdinance. 27 28 (b) Area of enforcement. The area of enforcement of the provisions of this section shall be all 29 waters, creeks, bayous, canals and channels whether natural or manmade located within 30 unincorporated Collier County. 31 32 33 16.B.7.c
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[21-IMP-00282/1634244/1] Page 7 of 28 4/11/2024 10:48 AM ARTICLE II. VESSEL CONTROL 1 Sec. 146-60.1. Short title. 2 3 This division shall be known and may be cited as the Collier County Vessel Control 4 Ordinance. 5 6 Section 1. Sec. 146-1. Vessel registration fee. 7 8 (a) Imposition. Those vessels stored or operated within the jurisdiction of the county which 9 are required by law to be registered with the state shall be subject to a county vessel 10 registration fee which shall be in the amount of 50 percent of the currently applicable state 11 registration certificate fee, and will be added to the current state fee. , and will be as follows: 12 (1) Class A-1, less than 12 feet in length, and all canoes to which propulsion motors have been 13 attached, regardless of length ..... $ 1.75 14 (2) Class A-2, 12 feet or more and less than 16 feet in length ..... 5.25 15 (3) Class 1, 16 feet or more and less than 26 feet in length ..... 9.25 16 (4) Class 2, 26 feet or more and less than 40 feet in length ..... 25.25 17 (5) Class 3, 40 feet or more and less than 65 feet in length ..... 41.25 18 (6) Class 4, 65 feet or more and less than 110 feet in length ..... 49.25 19 (7) Class 5, 110 feet or more in length ..... 61.25 20 (8) Dealer registration certificate ..... 8.25 21 22 The county vessel registration fees shall be and reflect 50 percent of the state vessel registration 23 fees as set forth in F.S. § 327.25 Section 328.72(1), Fla. Stat., Vessel Registration Fee, and 24 as it may be amended hereafter. 25 26 (b) Collection of fees. The county vessel registration fee shall be collected by the tax collector 27 at the time of state vessel registration beginning on June 1, 1992. 28 29 (c) Payment/schedule. The tax collector shall be paid a collection fee, in accordance with F.S. 30 § section 192.091, Fla. Stat., Commissions of Property Appraisers and Tax Collectors, and 31 this section which provides for: as it may be amended hereafter. 32 (1) Ten percent on the first $5,000.00 of county vessel registration fees collected; 33 (2) Five percent on the next $5,000.00 of county vessel registration fees collected; 34 (3) Three percent on county vessel registration fees collected in excess of $10,000.00. 35 36 (d) Allocation and expenditure Distribution of fees. As Dollar amounts required by F.S. § 37 327.22section 328.72(15), Fla. Stat., the first $1.00 of every vessel registration fee imposed 38 hereunder shall be remitted to the state for deposit in the motor boat revolving trust fund 39 for expenditure solely on activities relating to the preservation of manatees. All other funds 40 (after payment to the tax collector and the motor boat revolving trust fund) shall be 41 expended for the patrol, regulation, and maintenance of the lakes, rivers, or waters and for 42 other boating-related activities in the cCounty. 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 8 of 28 4/11/2024 10:48 AM Sec. 146-2. - Safety permits for commercial mullet vessels—Generally. 1 2 (a) Definitions. The following words, terms and phrases, when used in this section, shall have 3 the meanings ascribed to them in this subsection, except where the context clearly indicates 4 a different meaning: 5 6 Commercial mullet vessel means any vessel fishing for mullet during mullet roe season 7 with a gill net or other net (excluding cast nets that are thrown by hand). 8 9 Mullet roe season means the period from October 1 through January 31 of each year. 10 11 Registered owner means the individual whose name is identified in the vessel registration 12 certificate. 13 14 Safety equipment inspection means an inspection conducted by a certified law enforcement 15 agency of the state authorized to inspect vessels. Such inspection shall insure that any 16 commercial vessel is in compliance with any statutory regulations or marine fisheries 17 commission rules that regulate safety. 18 19 Safety permit means a permit decal issued by the county tax collector's office after 20 application is made and the requirements of this section have been met, which decal is 21 capable of and must be affixed to the vessel. 22 23 Taking mullet includes taking, attempting to take, pursuing, capturing, possessing or killing 24 any mullet with a gill net or any other net, excluding cast nets that are thrown by hand, 25 whether or not such actions result in obtaining possession of mullet. 26 27 (b) Required. 28 29 (1) It shall be unlawful for any person to operate any commercial mullet vessel for the 30 purpose of taking mullet during mullet roe season in the waters of the county, 31 excluding the channel of the intracoastal waterway, without obtaining a safety 32 permit pursuant to this section. All safety permits issued for mullet roe season shall 33 be issued in the month of September immediately preceding each season and shall 34 be valid for one year. Safety permits shall not be issued to anyone except the 35 registered owner of the vessel. 36 37 (2) Before obtaining a safety permit, each vessel shall have a safety equipment 38 inspection by a law enforcement agency authorized to inspect commercial vessels 39 and the vessel owner must produce evidence, upon application for a safety permit, 40 that the vessel has passed the inspection. The applicant, at the time of application, 41 must also present a valid saltwater products license, a restricted species 42 16.B.7.c
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[21-IMP-00282/1634244/1] Page 9 of 28 4/11/2024 10:48 AM endorsement and the vessel's registration certificate in order to show compliance 1 with other applicable Florida Statutes. 2 3 (3) If the owner of a commercial mullet vessel is issued a safety permit for one vessel 4 before mullet roe season begins and the owner of the vessel thereafter purchases 5 another commercial vessel, that owner shall be eligible immediately for a safety 6 permit for the subsequently purchased vessel, provided the registered owner has 7 complied with the requirements set forth in subsection (b)(2) of this section. Safety 8 permits are not, however, transferable from one person to another. 9 10 (4) The safety permit must be affixed to and prominently displayed on the bow of the 11 vessel for which the permit was issued. 12 13 (c) Fees. The safety permit fee shall be $25.00 annually, payable to the county tax collector. 14 The registered owner of the commercial mullet vessel must make written application to the 15 county tax collector's main office and present evidence of compliance with the 16 requirements set forth in subsection (b) of this section. 17 18 (d) Penalties. In addition to the penalty in section 1-6, any person convicted of operating a 19 commercial mullet vessel without a safety permit shall be ineligible to apply for or obtain 20 a permit for one full year from the date of conviction. 21 22 (Ord. No. 91-19, §§ 1—4) 23 24 Sec. 146-3. - Same—Suspension of requirements. 25 26 It is the purpose of this section to temporarily suspend the enforcement of section 146-2 for a 27 period of one year to permit the board of county commissioners to request and receive an attorney 28 general's opinion regarding a jurisdictional legal issue raised by the state marine fisheries 29 commission. Safety permits shall not be issued nor required pursuant to section 146-2 for a period 30 of one year from November 17, 1991. 31 32 (Ord. No. 91-112, §§ 1, 2) 33 Section 2. Sec. 146-38. Vessel regulation. 34 35 36 (a) Idle Speed, No Wake Boating-Restricted Areas. The County may enact Boating-Restricted 37 Areas by Ordinance to establish Idle Speed, No Wake Boating-Restricted Areas, in 38 accordance with section 327.46, Fla. Stat., as may be amended. 39 40 (1)(a) Operation in excess of idle speed. The operation of any vessel, or sailcraft, in excess 41 of iIdle sSpeed, No Wake in or on all waters of the Gulf of Mexico within 500 feet 42 offshore from all sandy beaches, and shorefront bathing areas, and public bathing 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 10 of 28 4/11/2024 10:48 AM beaches or swim areas is hereby prohibited. Said prohibition shall be effective and 1 enforceable regardless of whether or not such area is designated by appropriate 2 sign, buoy or other public notice. 3 4 (12) tThe operation of any vessel in excess of iIdle sSpeed, No Wake, as defined herein, 5 in or on any waters specified aboveas an Idle Speed, No Wake Boating-Restricted 6 Area is hereby prohibited and is a violation of this divisionOrdinance. Said 7 prohibition is effective and enforceable provided the “no wake” area Idle Speed, 8 No Wake Boating-Restricted Area is designated by regulatory marker, signage, 9 buoy, or any other notice of the “idle speed-no wake” status. The locations of any 10 and all such notices (including informational signage) shall be placed at the 11 discretion of the cCounty staffs and shall not be subject to the Land Development 12 Code. All such notices posted by the cCounty are official notices of the cCounty. 13 Provided the restricted area is posted as an “idle speed” and/or “no wake” areaIdle 14 Speed, No Wake Boating-Restricted Area, it is no defense to a violation of this 15 division Ordinance to allege that the person issued a notice of violation of this 16 division Ordinance did not observe posted notice of the “idle speed” and/or “no 17 wake” status of the waters. 18 19 (32) No person shall operate a vessel in any area designated and posted as an official 20 idle speed zone Idle Speed, No Wake Boating-Restricted Area at a speed greater 21 than iIdle sSpeed, No Wake. Any vessel operating in an Idle Speed, No Wake 22 Boating-Restricted Area must operate at the minimum speed that allows the vessel 23 to maintain headway and steerageway. 24 25 (43) The following areas are designated as idle speed zones Idle Speed, No Wake 26 Boating-Restricted Areas: 27 28 a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or 29 landing facility available for use by the general boating public on waterways 30 more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine 31 railway, or other launching or landing facility available for use by the general 32 boating public on waterways not exceeding 300 feet in width. 33 b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that 34 sells motor fuel to the general boating public on waterways more than 300 feet 35 in width or within 300 feet of the fuel pumps or dispensers at any licensed 36 terminal facility that sells motor fuel to the general boating public on waterways 37 not exceeding 300 feet in width. 38 c. Inside or within 300 feet of any lock structure. 39 40 (54) Idle Speed, No Wake Boating-Restricted Areas. The County hereby adopts and 41 designates the respective areas depicted on Exhibit “A” as Idle Speed, No Wake 42 Boating-Restricted Areas. 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 11 of 28 4/11/2024 10:48 AM 1 (b) Slow Speed, Minimum Wake Boating-Restricted Areas. The County may enact Boating-2 Restricted Areas by Ordinance to establish Slow Speed, Minimum Wake Boating-3 Restricted Areas, in accordance with section 327.46, Fla. Stat., as may be amended. 4 5 (1) No person shall operate a vessel in any area designated and posted as an official 6 idle speed zone Slow Speed, Minimum Wake Boating-Restricted Area at a speed 7 greater than idle speed Slow Speed, Minimum Wake. Any vessel operating in a 8 Slow Speed, Minimum Wake Boating-Restricted Area must operate fully off plane 9 and completely settled in the water. The vessel’s wake must not be excessive nor 10 create a hazard to other vessels. 11 12 (2) The following are designated as idle speed zones Slow Speed, Minimum Wake 13 Boating-Restricted Areas: 14 15 a. Within 300 feet of any bridge fender system. 16 b. Within 300 feet of any bridge span presenting a vertical clearance of less than 17 25 feet or a horizontal clearance of less than 100 feet. 18 c. On a creek, stream, canal, or similar linear waterway if the waterway is less 19 than 75 feet in width from shoreline to shoreline. 20 d. On a lake or pond of less than 10 acres in total surface area. 21 22 (3) Slow Speed, Minimum Wake Boating-Restricted Areas. The County hereby adopts 23 and designates the respective areas depicted on Exhibit “B” as Slow Speed, 24 Minimum Wake Boating-Restricted Areas. 25 26 (c) Vessel-Exclusion Zones. The County may enact Vessel-Exclusion Zones by Ordinance 27 where the area is designated as a public bathing beach or swim area, or a canoe trail or area 28 otherwise limited to non-motorized vessels, in accordance with Section 327.46, Fla. Stat., 29 as may be amended. 30 31 (g) Regulated areas. (1) No person shall operate a motorized vessel or sailcraft within 32 an Vessel-Exclusion Zonearea which has been clearly marked by buoys or some 33 other distinguishing device for bathing, swimming or which has been otherwise 34 restricted by the county, provided that this subsection shall not apply in the case of 35 an emergency or to a patrol or rescue craft. 36 37 (2) Vessel-Exclusion Zones. The County hereby adopts and designates the respective 38 areas depicted on Exhibit “C” as Vessel-Exclusion Zones. 39 40 41 (a)(d) Jet skiPersonal watercraft regulation. No person shall operate personal watercrafta jet ski: 42 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 12 of 28 4/11/2024 10:48 AM (1) Within Vessel-Exclusion Zones; in excess of Idle Speed, No Wake in Idle Speed, 1 No Wake Boating-Restricted Areas; or in excess of Slow Speed, Minimum Wake 2 in Slow Speed, Minimum Wake Boating-Restricted Areas. 3 4 Closer than 750 feet perpendicular from the water’s edge except to go to and from the shore 5 or except in a vessel corridor designated under subsection (c) hereof nor proceed to or from 6 that portion of the Gulf beyond 500 feet at a speed greater than merely necessary to 7 effectively traverse the breaking water, and from all distances from 500 feet to 750 feet 8 from the shore, at any safe speed under the then existing conditions, but not to exceed 20 9 miles per hour; or 10 11 (2) In an unsafe, reckless or careless manner endangering the life, limb, or property of 12 any person. 13 (c) Vessel corridors. The following areas of the Gulf adjacent to the beach closer than 14 750 feet from the shore may be designated as being exclusively for vessel use 15 between dawn and dusk daily: 16 17 (1) Those areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks; and 18 (2) Such other parks and areas designated and posted by the county parks and 19 recreation department as vessel corridors or use areas. 20 21 (d) Beach launch of vessels. No person except a law enforcement officer, licensed beach 22 vendor, authorized emergency personnel, or other person actually engaged in a rescue 23 attempt shall traverse the beach with a motorized boat or jet ski or launch such vessel from 24 the beach from an unauthorized launching area. A licensed beach vendor’s location is an 25 authorized launch site for that vendor’s equipment. 26 27 (e) Water skiing. No person including the skier (anyone being towed on a line behind a vessel) 28 and the vessel operator shall water ski closer than 500 feet from the edge of the beach 29 directly on the Gulf. 30 31 (f) Sailcraft including sailboats, windsurf boards and sailboards. No person shall operate a 32 sailcraft closer than 500 feet perpendicular from the water’s edge where bathers are present 33 except to go to and from the shore by the most direct means possible in a safe and 34 reasonable manner. 35 36 (h) Reasonable speed. Nothing contained in this section shall be construed to authorize or 37 approve the speed of any vessel or sailcraft in excess of that which is reasonable and proper 38 under the existing conditions or circumstances including, but not limited to, the presence 39 of water skiers, bathers, fishermen, natural hazards or other water traffic. 40 41 Secs. 146-4—146-30. Reserved. 42 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 13 of 28 4/11/2024 10:48 AM Sec. 146-60.4. (e) Careful and prudent operation required. Every person operating or 1 navigating any vessel in, on or under any waters within the unincorporated areas of Collier 2 County shall do so in a careful and prudent manner, taking into consideration the weather 3 conditions and range of visibility, water turbulence, proximities to bathersenvironmental 4 conditions, water skiers and other boats and watercraft and all other attendant 5 circumstances so as not to endanger the life, limb or property of any person. Failure to 6 operate a boat in such a careful and prudent manner shall constitute careless boating and a 7 violation of this divisionOrdinance. 8 9 (f) Official government business. Except during an emergency or operation by an official of 10 the government while engaged in official business, the operation of any vessel shall 11 conform to this Ordinance, as well as federal, state, and local law. 12 13 Sec. 146-60.6. (g) Speed not to be greater than what is reasonable under the conditions. 14 15 Nothing contained in this division Ordinance shall be construed to authorize or approve any speed 16 greater than is reasonable and proper in consideration of local conditions, other water 17 traffic, persons swimming or fishing in the area, or other hazards. 18 19 (ih) Exemptions. The following shall be exempted from the provisions of this section: 20 21 (1) The provisions of this section shall not be construed to prohibit the operation, racing 22 or exhibition of vessels or sailcraft during a publicly announced, properly 23 authorized, supervised and adequately patrolled regatta, speed trial, or exhibition. 24 25 (2) The operators of law enforcement or rescue vessels or vessels operating under 26 emergency conditions shall be exempted while conducting official duties or 27 operating under emergency conditions. 28 29 (3) Commercial fishing vessels are exempted while conducting fish netting operations, 30 provided the operations are conducted in a safe and prudent manner and in 31 accordance with subsection (he) of this section, vessel speed not to exceed 32 reasonable speed under existing conditions. Under no circumstances, however, 33 shall commercial fishing vessels be operated at greater than idle speed within 500 34 feet of bathers. 35 36 Sec. 146-60.7. Designation of “no-wake idle speed only” or “slow speed-minimum wake.” 37 38 The Board of County Commissioners of Collier County, by resolution adopted at a public hearing 39 at least 15 days notice of such hearing published in a newspaper of general circulation in Collier 40 County, Florida, designate areas as “no wake-idle speed only” or “slow speed-minimum wake” 41 areas under the provisions of section 146-60.5 of this division. In designating such areas, the 42 commission shall hear all testimony presented and make a finding that the designation is necessary 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 14 of 28 4/11/2024 10:48 AM for the safety and/or welfare of the citizens of the county. Upon adoption of such a resolution, the 1 board of county commissioners shall publish the resolution one time in a newspaper of general 2 circulation in Collier County, Florida after which the designation of the area shall be complete and 3 binding. Provided, however, no person shall be convicted of a violation of this division relating to 4 such area until signs designating the boundaries of the area by stating either “no wake-idle speed 5 only” or “manatee area, slow speed-minimum wake” have been posted after approval by all 6 appropriate regulatory agencies. 7 8 Sec. 146-60.5. Speed limit in certain areas. 9 10 (a) No person shall operate a vessel of any kind which is propelled by a motor or engine in 11 any area designated as an official "no wake-idle speed only" area and so posted at greater 12 than idle speed. 13 14 (b) No person shall operate a vessel of any kind which is propelled by a motor or engine in 15 any area designated as an official "slow speed-minimum wake" zone or area so posted at 16 greater than slow speed. 17 18 (c) No person shall operate a vessel in any area designated and posted as an official idle speed 19 zone at a speed greater than idle speed. The following are designated as idle speed zones: 20 21 (1) The Gulf of Mexico along the Naples public beach, from the shoreline out of 500 22 feet west of the public beach, from the north boundary of the city of Naples to 23 Gordon Pass, excluding the outer approach to Doctors Pass, such approach being 24 the area within the marked channel from the lighted, outermost marker east to the 25 outer ends of the stone jetties. 26 27 (2) Doctors Pass and the Moorings Bay System, from Seagate Drive South to Banvan 28 Boulevard. 29 30 (3) The Gordon River and Naples Bay, from the north boundary of the City of Naples 31 to a line running east to west through marker 32, connecting adjacent shorelines, 32 except that for the purpose of testing propulsion systems, marine mechanics are 33 permitted to exceed the idle speed restriction in the Gordon River in an area 34 approximately 0.3 mile in length, extending from the City Wastewater Treatment 35 Plant south to the Horticultural Landfill, weekdays, between the hours of 8:00 a.m. 36 and 5:00 p.m. 37 38 (4) Naples Bay, from a line running north to south through marker 10, connecting 39 adjacent shorelines, to a line running north to south through marker 6, connecting 40 adjacent shorelines. 41 42 (5) All canals and waterways tributary to Naples Bay and the Gordon River, including 43 without limitation those in River Park, Avion Park, Golden Shores, Oyster Bay 44 Royal Harbor, Aqualane Shores and Port Royal. 45 46 16.B.7.c
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[21-IMP-00282/1634244/1] Page 15 of 28 4/11/2024 10:48 AM (d) No person shall operate a vessel in any area designated and posted as an official slow speed 1 zone at a speed greater than slow speed. The following are designated as slow speed zones: 2 3 (1) Naples Bay, from a line running east to west through marker 32, connecting 4 adjacent shorelines, to a line running east to west through marker 27, connecting 5 adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays (See 6 68D—23.103 F.A.C. "holidays") 7 8 (2) Naples Bay, from a line running east to west through marker 21, connecting 9 adjacent shorelines, to a line running north to south through marker 10, connecting 10 adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays; 11 12 (3) Naples Bay and Dollar Bay, from a line running east to west through marker 21, 13 connecting adjacent shorelines, to a line running east to west through marker 73 in 14 Dollar Bay, connecting adjacent shorelines, from 10:00 a.m. through 5:00 p.m. 15 weekends and holidays; 16 17 (e) No person shall operate a vessel in any area designated and posted as an official 30 mile 18 per hour (MPH) zone at a speed greater than 30 MPH. The following are designated as 30 19 MPH zones: 20 21 (1) Naples Bay, from a line running east to west through marker 32, connecting 22 adjacent shorelines, to a line running east to west through marker 10, connecting 23 adjacent shorelines, weekdays; 24 25 (2) Naples Bay, from a line running east to west through marker 27, connecting 26 adjacent shorelines, to a line running north to south through marker 21, connecting 27 adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays; 28 29 (3) Naples Bay and Dollar Bay, from a line running east to west through marker 22, 30 connecting adjacent shorelines, to a line running east to west through marker 71 in 31 Dollar Bay, connecting adjacent shorelines, weekdays; 32 33 (4) Gordon Pass and the portions of Naples Bay and Dollar Bay, all as described in 34 subsection (e), at all times other than those set forth in subsection (c); or not 35 otherwise designated as an idle speed zone or slow speed zone. 36 37 (Ord. No. 79-8, § 5, 2-13-79; Ord. No. 94-57, § 2, 10-25-94; Ord. No. 2007-38, § 2) 38 39 DIVISION 2. - COLLIER COUNTY WATER SAFETY AND VESSEL CONTROL 40 REGULATIONS 41 42 Sec. 146-51. - Intent and purpose. 43 44 It is the intent and purpose of this division to protect and promote the health, safety and welfare of 45 the public, including residents and visitors to Collier County and in particular by providing 46 16.B.7.c
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[21-IMP-00282/1634244/1] Page 16 of 28 4/11/2024 10:48 AM reasonable speed regulation to the operation of vessels as defined. It is further intended that this 1 division shall be liberally construed to effect such intent and purpose. 2 3 (Ord. No. 96-16, § 1, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 1, 2-11-97 4 5 Sec. 146-52. - Title and citation. 6 7 16.B.7.c
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[21-IMP-00282/1634244/1] Page 17 of 28 4/11/2024 10:48 AM 1 This division shall be known and be cited as the "Collier County Water Safety and Vessel Control 2 Ordinance." 3 4 (Ord. No. 96-16, § 2, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 2, 2-11-97) 5 6 Sec. 146-53. - Applicability. 7 8 This division shall apply to and be enforced on all the waters of the following described restricted 9 "idle speed - no wake" areas: 10 11 (1) The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam Bay, and 12 Clam Pass. The restricted areas are as specified on the map attached hereto as "Exhibit A." 13 14 (2) Hurricane Pass, as specified on the map attached hereto as "Exhibit B." Hurricane Pass is 15 described as follows: Those waters northeast of the Gulf of Mexico between the shores of Cannon 16 Island and Keewaydin Island (also known as Key Island), south of the southern end of Little Marco 17 Island within the following boundaries: The northern boundary is a line at the southernmost point 18 of Little Marco Island at approximately 25°59.9′N, 81°45.17′W, east to Cannon Island (25°59.9′N, 19 81°45.08′W), and west to Keewaydin Island (25°59.9′N,81°45.25′W); the eastern boundary is the 20 western shore of Cannon Island from its intersection with the northern boundary of Hurricane Pass 21 south to its intersection with the southern boundary of Hurricane Pass; the southern boundary is a 22 line extending from the southernmost point of Keewaydin Island (23°59.78′N, 81°45.17′W) 23 approximately east-southeast to the nearest shore of Cannon Island (25°59.7′N, 81°45.05′W); and 24 the western boundary is the eastern shoreline of Keewaydin Island from its southernmost point 25 (25°59.78′N, 81°45.17′W) northward to its intersection with the northern border of Hurricane Pass. 26 27 (3) At all boat basins, in all residential canal, and at all saltwater areas within 500 feet of the 28 then sea walled shoreline in the following areas:a.Little Hickory Bay: The north side of Little 29 Hickory Bay in the vicinity of Bonita Shores and Lely Barefoot Beach. These areas are shown on 30 the map attached hereto as Exhibit "C."b.The Cocohatchee River: Those parts of the Cocohatchee 31 River near Wiggins Pass, Conklin Point, Wiggins Bay, Gulf Harbor, and Palm Shores; also Water 32 Turkey Bay and south from there to and including Vanderbilt Lagoon. These areas are shown on 33 the maps attached hereto as Exhibits "C" and "D."c.The Naples Bay Area: The Gordon River east 34 of U.S. 41 near River Reach and Coconut River Estates; also Rock Creek east of U.S. 41 near 35 Brookside; also Haldeman Creek. These areas are shown on the map attached hereto as Exhibit 36 "E."d.Isles of Capri Area: All areas within 500 feet of all sea walled shoreline, as shown on the 37 map attached here as Exhibit "F."e.Marco Island: Within and around all of Marco Island, including 38 all of Collier Bay, all of Roberts Bay, the west shore of Sanctuary Sound, all of Smokehouse Bay, 39 all of Smokehouse Creek, the north side of Caxambas, all of Clam Bay, parts of Factory Bay, the 40 west shoreline of Barfield Bay, and part of the north side of Horrs Island; also all interior canals 41 of Marco Island. These areas are shown on the maps attached hereto as Exhibits "F" and 42 "G."f.Goodland Area: Within 500 feet of all shoreline of Goodland; also the boat basin in the Big 43 Marco River adjacent to the north side of the State Road 92 Bridge. These areas are shown on the 44 map attached hereto as Exhibit "G." 45 46 16.B.7.c
Packet Pg. 964 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Track Changes (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 18 of 28 4/11/2024 10:48 AM (4) Henderson Creek: All of Henderson Creek east of the Highway 951 Bridge and west of 1 that bridge to the first piling. This are is shown on the map attached hereto as Exhibit "H." 2 3 (5) Port of the Islands: The sea walled marina basin and south thereof approximately 1,000 4 feet, as shown on the map attached hereto as Exhibit "I." 5 6 (6) The Everglades City Area: The Barron River from the inlet north to the east side of the 7 State Road 29 bridge; also the "Lakes" area within 500 feet of all sea walls. All parts of Halfway 8 Creek that are within 500 feet of Plantation Island. These areas are shown on the map attached 9 hereto as Exhibit "J." 10 11 (7) Chokoloskee Island: All areas within 500 feet of the walled areas of Chokoloskee Island. 12 These areas are shown on the map attached hereto as Exhibit "J." 13 14 (8) Hell's Gate: Those waters between Little Hickory Bay to the north and Wiggins Bay to the 15 south lying between channel markers 14 and 18. These areas are shown on the map attached hereto 16 as Exhibit "K".(9)Reserved. 17 18 (Ord. No. 96-16, § 3, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 3, 2-11-97; Ord. 19 No. 99-54, § 1, 8-3-99) 20 21 Editor's note— Exhibits "A" through "K" are not set out herein, but in on file and available for 22 inspection in the offices of the county. 23 24 Sec. 146-54. - Vessel speed regulation. 25 26 Except during an emergency or operation by an official of the government while engaged in 27 official business, the operation of any vessel in excess of idle speed, as defined herein, in or on 28 any waters specified above is hereby prohibited and is a violation of this division. Said 29 prohibition is effective and enforceable provided the "no wake" area is designated by regulatory 30 marker, signage, buoy, or any other notice of the "idle speed-no wake" status. The locations of 31 such notices shall be placed at the discretion of the county staffs. All such notices posted by the 32 county are official notices of the county. Provided the restricted area is posted as an "idle speed" 33 and/or "no wake" area, it is no defense to a violation of this division to allege that the person 34 issued a notice of violation of this division did not observe posted notice of the "idle speed" 35 and/or "no wake" status of the waters. 36 (Ord. No. 96-16, § 4, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 4, 2-11-97) 37 38 Sec. 146-55. - Definitions. 39 40 For the purposes of this division, the following words are defined as follows: 41 Idle speed means the minimum speed through or over the surface of the water that will allow the 42 vessel operator to maintain steerage of the vessel. 43 44 Operate means to be in control of the speed of a vessel traveling over or in water. 45 46 16.B.7.c
Packet Pg. 965 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Track Changes (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 19 of 28 4/11/2024 10:48 AM Vessel means a motor propelled and/or artificially propelled boat, sailboat, barge, airboat or other 1 watercraft used or capable of being used as a means of transportation of one or more persons over 2 or in the water, whether propelled by wind, propeller, or forcing flow of water by propeller or 3 impeller, or otherwise. Vessel does not include a canoe, kayak, or similar small minimum wake 4 type vessels provided the vessel is then being propelled only by paddle and not by motor, pump, 5 or sail. "Vessel" does not include seaplane. 6 7 (Ord. No. 96-16, § 5, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 5, 2-11-97) 8 9 Sec. 146-56. - Penalties. 10 11 Each violation of this division is a civil infraction. If a citation of violation is not contested and is 12 paid in full and on time, the fine shall be $50.00 for the first violation within any six-month period, 13 and $100.00 for a second violation by the same person within any one-year period. If the fine is 14 not paid in full and on time, the court may impose a fine of up to $500.00 plus court costs and any 15 other costs and/or fees authorized to be imposed by the court by Florida Statutes. As an alternative 16 means of enforcement, violations of this division may be referred to the Collier County Code 17 Enforcement Board. 18 19 (Ord. No. 96-16, § 6, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 6, 2-11-97) 20 21 Sec. 146-57. - Enforcement. 22 23 The provisions of this division shall be enforced by any member of any duly authorized law 24 enforcement agency or officers having enforcement jurisdiction in Collier County, Florida. Civil 25 citations may be used to notify the defendant of allegations of violations of this division. 26 27 (Ord. No. 96-16, § 7, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 7, 2-11-97) 28 29 Secs. 146-58—146-60. - Reserved. 30 31 32 16.B.7.c
Packet Pg. 966 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Track Changes (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 20 of 28 4/11/2024 10:48 AM ARTICLE III. BEACH AND WATER SAFETY AND VESSEL CONTROL 1 DIVISION 1. GENERALLY 2 3 Sec. 146-31. Title and citation. 4 5 This division shall be known and be cited as the "Collier County Beach and Water Safety and 6 Vessel Control Ordinance." 7 8 Section 1. Sec. 146-37. Regulation of use and conduct on the beach. 9 10 (a) Possession of glass containers prohibited. It shall be unlawful for any person while on the 11 beach or beach access areas to possess or utilize any glass bottle or container. 12 13 (b) Restrictions on animals on beach. It shall be unlawful for any person owning or have under 14 his control any animal, to permit such animal upon the beach, except guide dogs 15 accompanying visually impaired persons or hearing ear dogs accompanying hearing 16 impaired persons shall be allowed on the beach at all times. 17 18 (c) Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful for 19 any person to have an open fire on the beach. Said prohibition shall not include a stove or 20 grill where so designated and posted by the cCounty pParks and rRecreation 21 departmentDivisionDepartment. It shall be unlawful for any person to dispose of any coals, 22 briquets, embers or other heated object from any stove or grill at the beach in other than a 23 county designated receptacle. 24 25 (d) Overnight camping prohibited. It shall be unlawful to camp overnight on the beach, except 26 for recreational purposes on property designated for such purposes. 27 28 (e) Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet from 29 shore to intentionally fish for sharks or to fish by those methods commonly known as 30 "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any 31 sort on the part of any law enforcement officer or county employee to prevent fishing or to 32 warn of the presence of sharks in the Gulf of Mexico. 33 34 (f) Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to throw 35 any ball, frisbee, or other object through any bathing area after having been warned by any 36 law enforcement officer that such activity interferes with or endangers the movement of 37 pedestrian traffic or public safety. 38 39 (g) Swimming. No person, except a person actually engaged in a rescue attempt, shall: 40 41 (1) Swim or bathe within 150 feet measured in any direction from a pier or jetty; or 42 43 16.B.7.c
Packet Pg. 967 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Track Changes (28680 : Recommendation to direct staff to
[21-IMP-00282/1634244/1] Page 21 of 28 4/11/2024 10:48 AM (2) Swim or bathe in any area posted exclusively for vessel and/or sailcraft use. 1 2 (h) Use of rafts, floats, and other flotation devices. No person shall use any raft, float, body 3 board, or other flotation device of any description, except for a vessel or sailcraft, more 4 than 500 feet from the water's edge. 5 6 (i) Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or 7 sailcraft of any description, whether motorized or not, surf or otherwise use any other 8 equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or 9 any chemical substance as set forth in F.S. § section 877.111, Fla. Stat. or any substance 10 controlled under F.S. ch.apter 893, Fla. Stat. to the extent that the person's normal faculties 11 are impaired. 12 13 (j) Use of aircraft on beach or from or over specified saltwater area prohibited. No person 14 shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or "ultralight 15 vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph 103.1, on or 16 from the beach or adjoining water within 500 feet of the water's edge. In the area west of a 17 southerly projection of a north/south line that bisects the intersection of County Road 92 18 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person shall operate any 19 ultralight (including ultralight trainers and ultralight vehicles) from, on or over any 20 saltwater except at a horizontal distance greater than 500 feet seaward from the nearest 21 shoreline of the mainland or nearest shoreline of the nearest island, whichever is the most 22 restrictive reference point. 23 24 (k) Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of the 25 public on the beach: 26 27 (1) By other than licensed concessionaires of goods and services for use or 28 consumption on the beach. No person other than a licensed concessionaire shall 29 solicit or canvass for the sale or rental of merchandise, services, goods, or property 30 of any kind or character intended for use or consumption on the beach. 31 32 (2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for 33 the sale or rental of any merchandise, services, goods or property of any kind or 34 character except from within or within ten feet of his licensed premises or vehicle. 35 36 (3) By any person of goods and services for use or consumption off the beach. No 37 person shall solicit or canvass for the sale or rental of any merchandise, services, 38 goods or property of any kind or character to be delivered or performed off the 39 beach. 40 41 16.B.7.c
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[21-IMP-00282/1634244/1] Page 22 of 28 4/11/2024 10:48 AM (l) Sound amplification. No audio device, such as loudspeakers, television, radio, compact 1 disc, tape, or record player, or musical instrument, except equipment used by law 2 enforcement, rescue or beach safety personnel, shall be used on the beach in a manner that: 3 4 (1) Exceeds a noise level of 60 decibels (dBA) measured on the A-weighted scale at 5 25 feet from the sound sourcein compliance with the Collier County Noise Control 6 Ordinance No. 90-17, as amended; or 7 8 (2) Otherwise violates chapter 54, article IV, of this Code the Collier County Noise 9 Control Ordinance No. 90-17, as amended. 10 11 (m) Breach of the peace; disorderly conduct. No person shall commit such acts as are of a 12 nature to corrupt the public morals, or outrage the sense of public decency, or affect the 13 peace and quiet of persons who may witness them, or engage in brawling or fighting, or 14 engage in such conduct as to constitute a breach of the peace or disorderly conduct. 15 16 (n) Removal of beach sand. No beach sand may be removed from the beach. 17 18 (o) Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon 19 any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or 20 ashes, or any other litter, except in designated containers for that purpose. It is further 21 unlawful to dispose of any household garbage on the beach. 22 23 Sec. 18-50. - (p) Trespass: anywhere at airport; secured areas construction, restoration, 24 and/or renourishment projects or construction sites. 25 26 (1a) It shall be a separate violation of this article for any individual to refuse to 27 immediately and completely obey an oral order (instruction) to leave the airport a 28 beach area undergoing construction, restoration, and/or renourishment, or to move 29 his/her person to some other area of the airport beach, if the order (instruction) is 30 personally communicated to the individual by the Airport Manager, or if the Airport 31 Manager is not then and there available, by any employee, contractor, vendor, or 32 other official who at such time and place has authority to issue such an instruction. 33 34 (2b) It is a separate violation of this article for any individual to commit a trespass into 35 (or within) any secure area of any Collier County Airport a beach area undergoing 36 construction, restoration, and/or renourishment, provided signs are posted in 37 conspicuous areas and such signs give notice that unauthorized entry into the 38 respective secured area constitutes a trespass, and the signs specify the means that 39 are available for gaining authorized access to the respective secure area. Each such 40 violation of this article shall subject each such trespassing individual(s) to arrest by 41 a law enforcement officer without a warrant, on or off of the airport, as specified in 42 F.S. § 901.15(15). The Collier County Airport Authority is Collier County Parks 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 23 of 28 4/11/2024 10:48 AM and Recreation Division or Coastal Management Program Division are each hereby 1 authorized to designate such secure area(s) as it deems appropriate by posting 2 appropriate signs. Each such trespass in any secured area of an airport is an 3 independent violation of this article irrespective of application of any Airport 4 Authority County rule or regulation. 5 (Ord. No. 04-03, § 15) 6 (pq) Key Island (also known as Keewaydin Island). 7 8 (1) Prohibited Activities: 9 10 a. Hunting, harassing, possessing or trapping wildlife. 11 b. Use of animal trapping or concealment devices. 12 c. Admission of unleashed domestic animals, except those assisting the 13 handicapped ADA Service Animals. 14 d. Transplantation or removal of any plant or animal, or parts of plants or animals 15 (living or dead), except as provided herein. 16 e. Removal, disturbance, pollution or destruction of property, or natural or cultural 17 resources. 18 f. Solicitation or distribution of commercial materials and advertising of any 19 commercial event, other than Department materials or announcements of 20 Department-sponsored or sanctioned events and gatherings. 21 g. Possession of glass containers prohibited. It shall be unlawful for any person 22 while on the beach or beach access areas to possess or utilize any glass bottle 23 or container. 24 25 (2) Limited Activities: 26 27 a. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads 28 specifically designated for those activities. 29 b. Recreational Ccamping may be conducted only in on property designated 30 areasfor such purposes. 31 c. Fires are allowed only in designated areas. 32 d. Visitors shall be responsible for the proper disposal of all wastewater, refuse 33 and trash, by placing it in designated containers, if provided, or removed to an 34 off-site disposal facility or receptacle. 35 e. Vehicles are allowed only in areas designated as public access roads. 36 f. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas 37 located inside the boundaries of the Buffer Preserves is allowed only where 38 designated for such use with signs. 39 40 41 16.B.7.c
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[21-IMP-00282/1634244/1] Page 24 of 28 4/11/2024 10:48 AM Section 2. Sec. 146-39. Concession operations, equipment rentals and vendors on the beach 1 and adjoining waters. 2 3 The safety and welfare of the persons that reside nearby the cCounty's beach areas and of the public 4 that recreate on the beach and adjoining waters makes necessary and appropriate the following 5 regulations: 6 7 (a1) Beach vendor permit requirement. Any person or entity to be engaged in the sale of goods, 8 services, rental, leasing, bailment for consideration, or otherwise providing transportation 9 recreational equipment for remuneration, including any motorized or wind-driven vessel 10 for use by the public on the beach or adjoining waters of the cCounty, including any 11 personal watercraft and/or sailcraft, shall be required to obtain a beach vendor 12 permit/license from the cCounty. A beach vendor permit/license shall issue and be 13 maintained upon the applicant paying such application fee therefor as established from 14 time-to-time by the cCounty by Resolution. The applicant must meet the following 15 requirements: 16 17 (a.1) The applicant must have an operations office or headquarters located at a land-18 based location in an area immediately adjacent to where the permitted/licensed 19 activities are to be provided for public use. The office/headquarters must be located 20 only on land that is immediately seaward of the upland owner's main building 21 adjacent to that adjoining beach. The land-based operations/activities must be 22 conducted wholly within the geographic confines of the two seaward projections of 23 the north/south property lines of the upland parcel, and the office/headquarters must 24 have direct physical access to the beach and salt water. In the event the 25 permittee/licensee has its authorization to occupy the upland headquarters area 26 terminated or otherwise cancelled by the upland landowner or from whatever other 27 person or entity authorized that permittee/licensee to occupy that upland area, loss 28 of right of that upland occupancy shall thereby automatically void the then existing 29 Collier County beach vendor's permit/license for that area. 30 31 (b.2) The applicant must have and maintain a telephone and marine radio at its land-32 based operations office. 33 34 (c.3) If Tthe applicant is engaged in the rental of motorized or windblown equipment, or 35 other vessel rentals, the applicant must have a motorized chase boat with 36 operational marine radio in good running condition that meets all U.S. Coast Guard 37 safety requirements. That boat must be kept at the vessel rental site during all hours 38 of applicant's rental operations. 39 40 (d.4) The applicant must have and maintain comprehensive general liability insurance 41 with coverage not less than the amount of $500,000.00 combined single limits or 42 the amount specified in the County contract, whichever is greater. 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 25 of 28 4/11/2024 10:48 AM 1 (e.5) The applicant shall provide a list describing and indicating the state vessel 2 registration number of each motorized vessel applicant places in service. Each 3 motorized vessel placed in service for public use under a Collier County beach 4 vendor's permit/license shall have a state vessel registration number affixed thereon 5 at all times. 6 7 (f.6) The applicant shall provide at least one operational life vest for each occupant space 8 on each of the vessels to be offered for public use under this section. 9 10 (g.7) The applicant must provide a site plan for the beach operation that includes the 11 operation's boundaries on the beach and the ingress and egress points to that 12 operation. No operation boundary shall extend into any pedestrian pathway. 13 14 (h.8) The applicant is required to obtain a cCounty occupational license for its operations 15 office required under this section. To obtain an occupational license, the applicant 16 must provide proof of having a current, valid beach vendor's permit. Revocation of 17 the occupational license shall automatically void the respective beach vendor 18 permit/license. 19 20 (i.9) If a permit/license holder violates any condition of the beach vendor permit/license 21 during any permit/license year and is notified by the cCounty in writing of the 22 violation, the director of parks and recreation is authorized to impose conditions on 23 the subsequent annual beach vendor's permit/license (a probationary 24 permit/license), including issuing a month-to-month permit/license that shall be 25 summarily voidable for any similar or dissimilar violation of any of the 26 permit/license condition(s). 27 28 (2b) Beach vendor permittee, vessel user regulations/general regulations. 29 30 (a.1) Operator age restrictions applicable to operation of all vessels with ten horsepower 31 or greater. As required by Subsection 327.395, Florida. Stat.utes, until October 1, 32 2001, the rental to or operation of a motorized vessel powered by a motor of ten 33 horsepower or greater is prohibited by a motor of ten horsepower or greater is 34 prohibited to anyone born after September 30, 1980, and on or after October 1, 35 2001, a person 21 years of age or younger to anyone born after January 1, 1988, 36 unless that person has in his/her possession aboard the vessel photographic 37 identification and a boater safety identification card issued pursuant to Subsection 38 327.395, Florida. Statutes. A person is exempt from this provision if they are 39 accompanied in the vessel by a person who holds an identification card in 40 compliance with this section, is 18 years of age or older, and is attending to the 41 operation of the vessel and responsible for the sage operation of the vessel and for 42 any violation that occurs during operation of the vessel., or such person is at least 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 26 of 28 4/11/2024 10:48 AM 16 years of age and the person's parent, or a supervisor 18 years of age or older is 1 either exempt from the requirements of Subsection 327.395, Florida Statutes, or has 2 a valid boater safety identification card issued pursuant to that subsection, 3 accompanies that person during operation of the vessel and assumes all 4 responsibility for each operation violation that may occur during that operation of 5 that vessel. It shall be a violation of this section for any person to rent, lease or 6 otherwise provide for money or other consideration a motorized vehicle to anyone 7 except as provided herein. 8 9 (b.2) The renter, user, passenger of or on any vessel described in this section shall have 10 on board an operational life vest while using or having such vessel in the water; and 11 it is a violation of this section for any such person using such vessel not to have a 12 life vest on board. 13 14 (c.3) Pre-ride safety instructions. Each livery must also provide pre-ride boater safety 15 instruction and safety information to each person who rents a vessel powered by a 16 motor rated at ten horsepower or greater. 17 18 (d.4) Display of rental jet ski personal watercraft speed limit information. Each rental 19 personal watercraft jet ski must conspicuously display the special speed limit 20 instructions that apply within all the respective distances from the shore. The speed 21 instructions must be easily visible to the operator of the rental jet ski when the 22 operator is in the operating position on the personal watercraftjet ski. 23 24 (e.5) Mufflers on rental personal watercraftjet skis. Each rental personal watercraft jet 25 ski must always operate with stock mufflers or with mufflers that are quieter than 26 stock mufflers. 27 28 (f.6) Each renter of a personal watercraft jet ski must read and initial that he/she 29 understands the speed and operation restrictions placed upon operation of personal 30 watercraft jet skis by this section and/or by Chapter 327, Florida. Statutes. 31 32 (g.7) Rental personal watercraft jet ski identification markings. Each rental personal 33 watercraft jet ski must display identifying letters and/or numbers that identify the 34 specific personal watercraftjet ski. Each identification number and/or letter, 35 trademark, logo, and/or company name must be at least four inches in height and 36 must contrasct with its background color so as to be easily visible at a distance of 37 250 feet by a person with 20/20 vision. 38 39 (h.8) No person shall operate personal watercraft within a Vessel-Exclusion Zone, in 40 excess of Idle Speed, No Wake in Idle Speed, No Wake Boating-Restricted Areas, 41 or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake 42 Boating-Restricted Areas. 43 16.B.7.c
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[21-IMP-00282/1634244/1] Page 27 of 28 4/11/2024 10:48 AM Use of vessel corridors by rental jet skis. Each rental jet ski must use a vessel 1 corridor whenever a corridor is available. Maximum allowable speed in the corridor 2 within 500 feet of the shore is the slowest speed at which the operator can 3 effectively control the jet ski and be able to transverse the breaking water, and at 4 all distances from 500 feet to 750 feet from the shore, operate at any safe speed, but 5 not to exceed 20 miles per hour. 6 7 (i.9) Safe operation of personal watercraftjet skis. All personal watercraft jet skis must 8 be operated in a reasonable and prudent manner at all times. Maneuvers which 9 unreasonably or unnecessarily endanger life, limb, or property, including weaving 10 through congested vessel traffic, jumping the wake of another vessel unreasonably 11 or unnecessarily close to such vessel or when visibility around such vessel is 12 obstructed, or the vessel is operated in a manner that required intentional swerving 13 at the last moment to avoid collision, constitute reckless operation. Personal 14 watercraft Jet skis are not limited to vessels that have one or two occupants. 15 16 Sec. 146-36. Enforcement. 17 18 The provisions of this division shall be enforced by members of any duly authorized law 19 enforcement agency or officers having jurisdiction in the county. 20 21 22 16.B.7.c
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[21-IMP-00282/1634244/1] Page 28 of 28 4/11/2024 10:48 AM SECTION THREE: Conflict and Severability. 1 2 In the event this Ordinance conflicts with any other ordinance of Collier County or other 3 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 4 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 5 separate, distinct and independent provision and such holding shall not affect the validity of the 6 remaining portion. 7 8 SECTION FOUR: Inclusion in the Code of Laws and Ordinances. 9 10 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 11 Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re-12 lettered to accomplish such, and the word “ordinance” may be changed to “section,” “article,” or 13 any other appropriate word. 14 15 SECTION FIVE: Effective Date. 16 17 This Ordinance shall be effective upon filing with the Florida Department of State. 18 19 20 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 21 County, Florida, this ______ day of _______________ 2024. 22 23 24 ATTEST: CRYSTAL K. KINZEL, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ________________________ Deputy Clerk By: _____________________________ Chris Hall, Chairman Approved as to form and legality: ______________________________ Derek D. Perry Assistant County Attorney Attachments: 25 26 Exhibit “A” – Idle Speed, No Wake Boating-Restricted Areas 27 Exhibit “B” – Slow Speed, Minimum Wake Boating-Restricted Areas 28 Exhibit “C” – Vessel-Exclusion Zones 29 16.B.7.c
Packet Pg. 975 Attachment: Informational - Consolidated Waterways Ordinance - April 2024 - Track Changes (28680 : Recommendation to direct staff to