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Agenda 09/10/2024 Item #17C (Adopt 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)17.0 09/ 10/2024 EXECUTIVE SUMMARY Recommendation to adopt 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. On July 1, 2009, through Chapter 2009-86, Laws of Florida, 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. As such, the state will not permit the replacement of waterway markers until the County's waterway ordinance complies 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. Moreover, Ord. No. 96-16 ("Collier County Water Safety and Vessel Control Ordinance"), as amended by Ordinance No. 96-75, will remain in place to preserve the grandfathered permitted sign at Hurricane Pass near Keewaydin Island. On May 14, 2024, Agenda Item No. 16.13.7, the Board directed the 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. Since then, minor changes were made to the ordinance to meet state compliance and staff goals, and the final draft was approved by FWC. 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 adopt the Consolidated Waterways and Beaches Ordinance that repeals, Packet Pg. 2021 17.0 09/10/2024 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. Consolidated Waterways Ordinance - 082124 (PDF) 2. Consolidated Waterways Ordinance - 082124 - Line Numbered (PDF) 3. Consolidated Waterways Ordinance - 082124 - Track Changes (PDF) 4. Business Impact Estimate - Consolidated Waterways Beaches Ord (PDF) 5. legal ads - agenda ID 29637- Waterways & Beaches Ord (PDF) Packet Pg. 2022 17.0 09/10/2024 COLLIER COUNTY Board of County Commissioners Item Number: ITC Doe ID: 29637 Item Summary: Recommendation to adopt 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: 09/10/2024 Prepared by: Title: — Capital Project Planning, Impact Fees, and Program Management Name: Maria Becerra 08/08/2024 12:08 PM Submitted by: Title: Division Director - Capital Proj Plan, Impact Fees — Capital Project Planning, Impact Fees, and Program Management Name: Beth Johnssen 08/08/2024 12:08 PM Approved By: Review: Transportation Management Services Department Danielle Bates Department Transportation Management Operations Support Tara Castillo Capital Project Planning, Impact Fees, and Program Management Andrew Miller Capital Project Planning, Impact Fees, and Program Management Beth Johnssen Capital Project Planning, Impact Fees, and Program Management Gloria Herrera Road Maintenance Ellen Sheffey TMSD Reviewer Transportation Management Services Department Trinity Scott County Attorney's Office Office of Management and Budget Office of Management and Budget County Attorney's Office County Manager's Office Board of County Commissioners Derek D. Perry Level 2 Attorney Review Debra Windsor Level 3 OMB Gatekeeper Review Agnieszka Chudy OMB Reviewer Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Amy Patterson Level 4 County Manager Review Geoffrey Willig Meeting Pending Transportation Management Services Completed 08/08/2024 12:21 PM TMSD Reviewer Completed 08/14/2024 9:35 AM TMSD Reviewer Completed 08/14/2024 9:54 AM TMSD Reviewer Completed 08/14/2024 10:29 AM TMSD Reviewer Completed 08/14/2024 10:35 AM Completed 08/14/2024 1:02 PM Transportation Completed 08/16/2024 4:33 PM Completed 08/27/2024 9:20 AM Completed 08/27/2024 9:34 AM Completed 08/27/2024 9:53 AM Completed 08/27/2024 3:16 PM Completed 09/03/2024 2:38 PM 09/10/2024 9:00 AM Packet Pg. 2023 17.C.a COLLIER COUNTY CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE ORDINANCE NO.2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL, CONSOLIDATION, AND SUPERSESSION OF EXISTING ORDINANCES RELATING TO THE REGULATION OF AND CONDUCT ON WATERWAYS AND BEACHES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapters 161 and 327, Florida Statutes, the Board of County Commissioners ("Board") enacted Ordinances, intended to promote the health, safety and welfare of the public at large, including residents and visitors to the County, by providing reasonable regulation of the public's use and conduct on its beaches and adjoining waterways; and WHEREAS, the Board wishes to consolidate these Ordinances into one Ordinance to c0 update and clarify the regulations and eliminate any regulations deemed obsolete; and ti M WHEREAS, pursuant to Section 327.46(1)(c), Florida Statutes, this proposed Consolidated Waterways and Beaches Ordinance has been reviewed and approved by the Florida Fish and Wildlife Conservation Commission for issues specific to waterways. ti NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Repeal of Ordinances. The following Collier County Ordinances are repealed, consolidated, and superseded in their entirety: Ordinance No. 79-8; Ordinance No. 89-11, as amended, known as the Collier County Beach and Water Safety and Vessel Control Ordinance; Ordinance No. 89-86; Ordinance No. 91- 19; Ordinance No. 91-112; Ordinance No. 92-35, Vessel Registration Fee; Ordinance No. 94-57; Ordinance No. 96-28, as amended; Ordinance No. 97-10; Ordinance No. 97-12; Ordinance No. 98-88; Ordinance No. 99-54; Ordinance No. 00-60; Ordinance No. 07-38; and Ordinance No. 15- 24. SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: [21-IMP-00282/1634244/1] Page 1 of 16 8/21/2024 11:56 AM Packet Pg. 2024 17.C.a ARTICLE I. GENERAL Section 1. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Waterways and Beaches Ordinance." Section 2. Applicability. The provisions of this Ordinance shall apply to and be enforced upon all waterways, creeks, streams, lakes, ponds, bayous, canals, and channels, whether natural or manmade, and their adjacent shores/beaches as applicable, located within the unincorporated area of the County, including, but not limited to, Caxambas Pass, Chokoloskee Bay, Chokoloskee Island, Clam Bay System, Clam Pass, Cocohatchee River, Delnor-Wiggins Pass, Doctors Pass, Dollar Bay, Everglades City, Goodland, Gordon Pass, Gordon River, Hell's Gate, Henderson Creek, Hurricane Pass, Isles of Capri, Key Island (also known as Keewaydin Island), Little Hickory Bay, Little Hickory Island, Little Marco Pass, Marco Island (where applicable), Naples Bay (where applicable), Port of the Islands, Vanderbilt Lagoon, and Wiggins Bay, or subject to the jurisdiction of the County by any other law or interlocal agreement. Section 3. Intent and purpose. It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the public at large, including residents and visitors to the County by providing reasonable regulation of the public's use and conduct on the beach and adjoining waters of the County, including the designation of specific areas within which the operation of aircraft and vessels may be regulated or prohibited. It is further intended that this Ordinance shall be liberally construed to effect such intent and purpose. Section 4. Definitions. For the purposes of this Ordinance, terms and definitions are as defined in Chapters 327 and 328, Fla. Stat., unless specifically stated otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them , except where the context clearly indicates a different meaning: Aircraft means any motor vehicle or contrivance now known or hereinafter invented, which is used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. The term "aircraft" shall include ultralight aircraft and seaplanes. [21-1MP-00282/1634244/11 Page 2 of 16 8/21/2024 11:56 AM Packet Pg. 2025 17.C.a Bather means any person who is in the same water as a vessel, whether said person is swimming, wading or engaged in any other activity in the water. Bathing area means any area of the beach and adjoining waters in which bathers are located or may be located, whether or not designated by signs or other form of notification. Beach or shore means the zone of unconsolidated material that extends landward from the mean low water line to the place where there is marked change in material or physiographic form. Bloodbaiting means the use of blood or bloody fish parts to attract sharks. Camping means the erection of shelter or similar structures for the purpose of sleeping or lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or other protective garb. Chumming means the throwing of bait or fish parts into the water to attract fish. Contiguous land means any land abutting land conveyed to the county as required in this v article or any land which is located within one-half mile (2,640 feet) of the land conveyed M to the County. N County means the body politic Collier County, Florida, including the Board of County Commissioners, and/or the unincorporated area of Collier County, Florida. Decibel (dBA) means a unit for describing the amplitude of sound, as further defined by Collier County's Noise Control Ordinance No. 90-17, as amended. Gulf means the Gulf of Mexico. Idle Speed No Wake means, as defined by Rule 68D-24.002(2), F.A.C., as may be amended, a boating -restricted area which has been established to protect the safety of the public where a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. License or licensed means a county occupational license or having such license. Operate or operation means to be in charge of, in command of, or in actual physical control E of a vessel upon the waters of this state, to exercise control over or to have responsibility for a vessel's navigation or safety while the vessel is underway upon the waters of this Q state, or to control or steer a vessel being towed by another vessel upon the waters of the state. [2 1 -IMP-00282/1634244/11 Page 3 of 16 8/21/2024 11:56 AM Packet Pg. 2026 17.C.a Permit means a beach vendor's permit issued by the county. Person means any individual, partnership, firm, corporation, association or other entity. Personal watercraft means, as defined by Section 327.02(36), Fla. Stat., as may be amended, a vessel less than 16 feet in length which uses an inboard motor powering a water pump as its primary source of motive power and which is designed to be operated by a person sitting, standing, or kneeling on the vessel, rather than in the conventional manner of sitting or standing inside the vessel. The term personal watercraft for purposes of this Ordinance shall include "jet skis" "sea sleds," "dolphin boats," "wave runners," or other such product name meeting the description herein provided. Rafts, floats and flotation devices means any device, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the flotation of a person on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but shall include body boards unless the context clearly indicates otherwise. Sailcraft means a vessel whose sole source of propulsion is the wind, including sailboats, sailboards, kiteboards, and wind surfboards. Seaplane means any aircraft that is capable of landing and/or lifting off from a water surface. Slow Speed Minimum Wake and Slow Down Minimum Wake means, as defined by section 68D-24.002(1), F.A.C., as may be amended, that a vessel must be fully off plane and completely settled into the water. Such vessels may not proceed at a speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. Solicit or canvass means any act, delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals, or any exchange of value. Ultral fight aircraft or ultralight means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. Vessel shall have the same definition as found in Section 327.02(46), Fla. Stat., as may be amended, and is synonymous with boat and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. [2 1 -IMP-00282/1634244/1] Page 4 of 16 8/21/2024 11:56 AIM Packet Pg. 2027 17.C.a Section 5. Penalties. (a) Any owner, operator, or person in command of any vessel or aircraft or any other person who violates any provision of this Ordinance or fails to comply with the requirements of this Ordinance shall be treated in the same manner as a misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to exceed 60 days, or by both such fine and imprisonment and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violation. (b) All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of chapter 162, pts. I or II, Fla. Stat., as may be applicable. (c) Civil violation and infraction penalty and fine amounts shall be in accordance with those set or published by the Collier County Clerk of Courts. Section 6. Enforcement. (a) The provisions of this Ordinance shall be enforced by any member of any duly authorized law enforcement agency or officers having enforcement jurisdiction in Collier County, Florida, including code enforcement officers. Civil citations may be used to notify the defendant of allegations of violations of this Ordinance. (b) Area of enforcement. The area of enforcement of the provisions of this section shall be all waters, creeks, bayous, canals and channels whether natural or manmade located within unincorporated Collier County. ARTICLE II. VESSEL CONTROL Section 1. Vessel registration fee. (a) Imposition. Those vessels stored or operated within the jurisdiction of the county which are required by law to be registered with the state shall be subject to a county vessel registration fee which shall be in the amount of 50 percent of the currently applicable state registration certificate fee, and will be added to the current state fee. The county vessel registration fees shall be and reflect 50 percent of the state vessel registration fees as set forth in Section 328.72(1), Fla. Stat., Vessel Registration Fee, and as it may be amended hereafter. (b) Collection of fees. The county vessel registration fee shall be collected by the tax collector a at the time of state vessel registration. [2 [-IMP-00282/1634244/1 ] Page 5 of 16 8/21/2024 1 L56 AM Packet Pg. 2028 17.Ga (c) Payment/schedule. The tax collector shall be paid a collection fee, in accordance with. section 192.091, Fla. Stat., Commissions of Property Appraisers and Tax Collectors, and as it may be amended hereafter. (d) Distribution of fees. Dollar amounts required by section 328.72(15), Fla. Stat., of every vessel registration fee shall be remitted to the state for deposit. All other funds (after payment to the tax collector and the motor boat revolving trust fund) shall be expended for the patrol, regulation, and maintenance of the lakes, rivers, or waters and for other boating - related activities in the County. Section 2. Vessel regulation. (a) Idle Speed, No Wake Boating -Restricted Areas. The County may enact Boating -Restricted Areas by Ordinance to establish Idle Speed, No Wake Boating -Restricted Areas, in accordance with section 327.46, Fla. Stat., as may be amended. (1) The operation of any vessel in excess of Idle Speed, No Wake, as defined herein, in or on any waters specified as an Idle Speed, No Wake Boating -Restricted Area is hereby prohibited and is a violation of this Ordinance. Said prohibition is effective and enforceable provided the Idle Speed, No Wake Boating -Restricted Area is designated by regulatory marker, signage, buoy, or any other notice. The locations of any and all such notices (including informational signage) shall be placed at the discretion of County staff and shall not be subject to the Land Development Code. All such notices posted by the County are official notices of the County. Provided the restricted area is posted as an Idle Speed, No Wake Boating -Restricted Area, it is no defense to a violation of this Ordinance to allege that the person issued a notice of violation of this Ordinance did not observe posted notice. (2) No person shall operate a vessel in any area designated and posted as an Idle Speed, No Wake Boating -Restricted Area at a speed greater than Idle Speed, No Wake. Any vessel operating in an Idle Speed, No Wake Boating -Restricted Area must operate at the minimum speed that allows the vessel to maintain headway and steerageway. (3) The following areas are designated as Idle Speed, No Wake Boating -Restricted Areas: a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landing facility available for use by the general boating public on waterways not exceeding 300 feet in width. 121-IMP-00282/1634244/11 Page 6 of 16 8/21/2024 11:56 AM Packet Pg. 2029 17.C.a b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width. c. Inside or within 300 feet of any lock structure. (4) Idle Speed, No Wake Boating -Restricted Areas. The County hereby adopts and designates the respective areas depicted on Exhibit "A" as Idle Speed, No Wake Boating -Restricted Areas. (b) Slow Speed, Minimum Wake Boating -Restricted Areas. The County may enact Boating - Restricted Areas by Ordinance to establish Slow Speed, Minimum Wake Boating - Restricted Areas, in accordance with section 327.46, Fla. Stat., as may be amended. (1) No person shall operate a vessel in any area designated and posted as a Slow Speed, Minimum Wake Boating -Restricted Area at a speed greater than Slow Speed, Minimum Wake. Any vessel operating in a Slow Speed, Minimum Wake Boating - Restricted Area must operate fully off plane and completely settled in the water. The vessel's wake must not be excessive nor create a hazard to other vessels. (2) The following are designated as Slow Speed, Minimum Wake Boating -Restricted Areas: a. Within 300 feet of any bridge fender system. b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. d. On a lake or pond of less than 10 acres in total surface area. (3) Slow Speed, Minimum Wake Boating -Restricted Areas. The County hereby adopts and designates the respective areas depicted on Exhibit "B" as Slow Speed, Minimum Wake Boating -Restricted Areas. (c) Vessel -Exclusion Zones. The County may enact Vessel -Exclusion Zones by Ordinance where the area is designated as a public bathing beach or swim area, or a canoe trail or area otherwise limited to non -motorized vessels, in accordance with Section 327.46, Fla. Stat., as may be amended. (1) No person shall operate a motorized vessel or sailcraft within a Vessel -Exclusion a Zone, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. [21-IMP-00282/1634244/1] Page 7 of 16 8/21/2024 11:56 AM Packet Pg. 2030 17.C.a (2) Vessel -Exclusion Zones. The County hereby adopts and designates the respective areas depicted on Exhibit "C" as Vessel -Exclusion Zones. (d) Personal watercraft regulation. No person shall operate personal watercraft: (1) Within Vessel -Exclusion Zones; in excess of Idle Speed, No Wake in Idle Speed, No Wake Boating -Restricted Areas; or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake Boating -Restricted Areas. (2) In an unsafe, reckless or careless manner endangering the life, limb, or property of any person. (e) Careful and prudent operation required. Every person operating or navigating any vessel in, on or under any waters within the unincorporated areas of Collier County shall do so in a careful and prudent manner, taking into consideration the environmental conditions, water skiers and other boats and watercraft and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a boat in such a careful and prudent manner shall constitute careless boating and a violation of this Ordinance. (f) Official government business. Except during an emergency or operation by an official of the government while engaged in official business, the operation of any vessel shall conform to this Ordinance, as well as federal, state, and local law. (g) Speed not to be greater than what is reasonable under the conditions. Nothing contained in this Ordinance shall be construed to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, persons swimming or fishing in the area, or other hazards. (h) Exemptions. The following shall be exempted from the provisions of this section: (1) The provisions of this section shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial, or exhibition. (2) The operators of law enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operating under emergency conditions. [2 1 -IM P-00282/1634244/1 ] Page 8 of 16 8/21/202411S6AM Packet Pg. 2031 17.C.a ARTICLE III. BEACH AND WATER SAFETY Section 1. Regulation of use and conduct on the beach. (a) Possession of glass containers prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. (b) Restrictions on animals on beach. It shall be unlawful for any person owning or have under his control any animal, to permit such animal upon the beach, except guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons shall be allowed on the beach at all times. (c) Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful for any person to have an open fire on the beach. Said prohibition shall not include a stove or grill where so designated and posted by the County Parks and Recreation Department. It shall be unlawful for any person to dispose of any coals, briquets, embers or other heated object from any stove or grill at the beach in other than a county designated receptacle. (d) Overnight camping prohibited. It shall be unlawful to camp overnight on the beach, except for recreational purposes on property designated for such purposes. (e) Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any sort on the part of any law enforcement officer or county employee to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico. (f) Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area after having been warned by any law enforcement officer that such activity interferes with or endangers the movement of pedestrian traffic or public safety. (g) Swimming. No person, except a person actually engaged in a rescue attempt, shall: (1) Swim or bathe within 150 feet measured in any direction from a pier or jetty; or (2) Swim or bathe in any area posted exclusively for vessel and/or sailcraft use. (h) Use of rafts, floats, and other flotation devices. No person shall use any raft, float, body E board, or other flotation device of any description, except for a vessel or sailcraft, more U than 500 feet from the water's edge. a [2 1 -IMP-00282/1634244/11 Page 9 of 16 8/21/2024 l 1:56 AM Packet Pg. 2032 17.C.a (i) Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or sailcraft of any description, whether motorized or not, surf or otherwise use any other equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or any chemical substance as set forth in section 877.111, Fla. Stat. or any substance controlled under chapter 893, Fla. Stat. to the extent that the person's normal faculties are impaired. (j) Use of aircraft on beach or from or over specified saltwater area prohibited. No person shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or "ultralight vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph 103.1, on or from the beach or adjoining water within 500 feet of the water's edge. In the area west of a southerly projection of a north/south line that bisects the intersection of County Road 92 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person shall operate any ultralight (including ultralight trainers and ultralight vehicles) from, on or over any saltwater except at a horizontal distance greater than 500 feet seaward from the nearest shoreline of the mainland or nearest shoreline of the nearest island, whichever is the most restrictive reference point. (k) Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of the public on the beach: (1) By other than licensed concessionaires of goods and services for use or consumption on the beach. No person other than a licensed concessionaire shall solicit or canvass for the sale or rental of merchandise, services, goods, or property of any kind or character intended for use or consumption on the beach. (2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character except from within or within ten feet of his licensed premises or vehicle. (3) By any person of goods and services for use or consumption off the beach. No person shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character to be delivered or performed off the beach. (1) Sound amplification. No audio device, such as loudspeakers, television, radio, compact disc, tape, or record player, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach in a manner that: (1) Exceeds a noise level of 60 decibels (dBA) in compliance with the Collier County Noise Control Ordinance No. 90-17, as amended; or [21-IMP-00282/1634244/1] Page 10 of 16 8/21/2024 1 1:56 AM Packet Pg. 2033 17.C.a (2) Otherwise violates the Collier County Noise Control Ordinance No. 90-17, as amended. (m) Breach of the peace; disorderly conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct. (n) Removal of beach sand. No beach sand may be removed from the beach. (o) Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or ashes, or any other litter, except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach. (p) Trespass: construction, restoration, and/or renourishment projects or construction sites (1) It shall be a separate violation of this article for any individual to refuse to immediately and completely obey an oral order (instruction) to leave a beach area undergoing construction, restoration, and/or renourishment, or to move his/her person to some other area of the beach, if the order (instruction) is personally communicated to the individual by any employee, contractor, vendor, or other official who at such time and place has authority to issue such an instruction. (2) It is a separate violation of this article for any individual to commit a trespass into (or within) any secure area of a beach area undergoing construction, restoration, and/or renourishment, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Collier County Parks and Recreation Division or Coastal Management Program Division are each hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this article irrespective of application of any County rule or regulation. (q) Key Island (also known as Keewaydin Island). (1) Prohibited Activities: a. Hunting, harassing, possessing or trapping wildlife. b. Use of animal trapping or concealment devices. c. Admission of unleashed domestic animals, except those ADA Service Animals. [2 1 -IMP-00282/1634244/11 Page 11 of 16 8/21/202411.56AM Packet Pg. 2034 17.C.a d. Transplantation or removal of any plant or animal, or parts of plants or animals (living or dead), except as provided herein. e. Removal, disturbance, pollution or destruction of property, or natural or cultural resources. f. Solicitation or distribution of commercial materials and advertising of any commercial event, other than Department materials or announcements of Department -sponsored or sanctioned events and gatherings. g. Possession of glass containers prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. (2) Limited Activities: a. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads specifically designated for those activities. b. Recreational camping may be conducted only on property designated for such purposes. c. Fires are allowed only in designated areas. d. Visitors shall be responsible for the proper disposal of all wastewater, refuse and trash, by placing it in designated containers, if provided, or removed to an off -site disposal facility or receptacle. e. Vehicles are allowed only in areas designated as public access roads. f. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas located inside the boundaries of the Buffer Preserves is allowed only where designated for such use with signs. Section 2. Concession operations, equipment rentals and vendors on the beach and adjoining waters. The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations: (a) Beach vendor permit requirement. Any person or entity to be engaged in the sale of goods, services, rental, leasing, bailment, or otherwise providing recreational equipment for remuneration, including any motorized or wind -driven vessel for use by the public on the beach or adjoining waters of the County shall be required to obtain a beach vendor permit/license from the County. A beach vendor permit/license shall issue and be maintained upon the applicant paying such application fee therefor as established from time -to -time by the County by Resolution. The applicant must meet the following requirements: [21-IMP-00282/1634244/1] Page 12 of 16 8/21/2024 11:56 AM Packet Pg. 2035 17.C.a (1) The applicant must have an operations office or headquarters located at a land - based location in an area immediately adjacent to where the permitted/licensed activities are to be provided for public use. The office/headquarters must be located only on land that is immediately seaward of the upland owner's main building adjacent to that adjoining beach. The land -based operations/activities must be conducted wholly within the geographic confines of the two seaward projections of the north/south property lines of the upland parcel, and the office/headquarters must have direct physical access to the beach and salt water. In the event the permittee/licensee has its authorization to occupy the upland headquarters area terminated or otherwise cancelled by the upland landowner or from whatever other person or entity authorized that permittee/licensee to occupy that upland area, loss of right of that upland occupancy shall thereby automatically void the then existing Collier County beach vendor's permit/license for that area. (2) The applicant must have and maintain a telephone and marine radio at its land - based operations office. (3) If the applicant is engaged in the rental of motorized or windblown equipment, or other vessel rentals, the applicant must have a motorized chase boat with operational marine radio in good running condition that meets all U.S. Coast Guard safety requirements. That boat must be kept at the vessel rental site during all hours of applicant's rental operations. (4) The applicant must have and maintain comprehensive general liability insurance with coverage not less than the amount of $500,000.00 combined single limits or the amount specified in the County contract, whichever is greater. (5) The applicant shall provide a list describing and indicating the state vessel registration number of each motorized vessel applicant places in service. Each motorized vessel placed in service for public use under a Collier County beach vendor's permit/license shall have a state vessel registration number affixed thereon at all times. (6) The applicant shall provide at least one operational life vest for each occupant space on each of the vessels to be offered for public use under this section. (7) The applicant must provide a site plan for the beach operation that includes the operation's boundaries on the beach and the ingress and egress points to that operation. No operation boundary shall extend into any pedestrian pathway. (8) The applicant is required to obtain a County occupational license for its operations office required under this section. To obtain an occupational license, the applicant must provide proof of having a current, valid beach vendor's permit. Revocation of [2 1 -IMP-00282/1634244/1 ] Page 13 of 16 8/21/2024 1156AM Packet Pg. 2036 17.C.a the occupational license shall automatically void the respective beach vendor permit/license. (9) If a permit/license holder violates any condition of the beach vendor permit/license during any permit/license year and is notified by the County in writing of the violation, the director of parks and recreation is authorized to impose conditions on the subsequent annual beach vendor's permit/license (a probationary permit/license), including issuing a month -to -month permit/license that shall be summarily voidable for any similar or dissimilar violation of any of the permit/license condition(s). (b) Beach vendor permittee, vessel user regulations/general regulations. (1) Operator age restrictions applicable to operation of all vessels with ten horsepower or greater. As required by section 327.395, Fla. Stat., the rental to or operation of a motorized vessel powered by a motor of ten horsepower or greater is prohibited to anyone born after January 1, 1988, unless that person has in his/her possession aboard the vessel photographic identification and a boater safety identification card issued pursuant to section 327.395, Fla. Stat. A person is exempt from this provision if they are accompanied in the vessel by a person who holds an identification card in compliance with this section, is 18 years of age or older, and is attending to the operation of the vessel and responsible for the sage operation of the vessel and for any violation that occurs during operation of the vessel. (2) The renter, user, passenger of or on any vessel described in this section shall have on board an operational life vest while using or having such vessel in the water; and it is a violation of this section for any such person using such vessel not to have a life vest on board. (3) Pre -ride safety instructions. Each livery must also provide pre -ride boater safety instruction and safety information to each person who rents a vessel powered by a motor rated at ten horsepower or greater. (4) Display of rental personal watercraft speed limit information. Each rental personal watercraft must conspicuously display the special speed limit instructions that apply within all the respective distances from the shore. The speed instructions must be easily visible to the operator of the rental jet ski when the operator is in the operating position on the personal watercraft. (5) Mufflers on rental personal watercraft. Each rental personal watercraft must always U operate with stock mufflers or with mufflers that are quieter than stock mufflers. a [21-1MP-00282/1634244/1] Page 14 of 16 8/21/2024 11:56 AM Packet Pg. 2037 17.C.a (6) Each renter of a personal watercraft must read and initial that he/she understands the speed and operation restrictions placed upon operation of personal watercraft by this section and/or by Chapter 327, Fla. Stat. (7) Rental personal watercraft identification markings. Each rental personal watercraft must display identifying letters and/or numbers that identify the specific personal watercraft. Each identification number and/or letter, trademark, logo, and/or company name must be at least four inches in height and must contrast with its background color so as to be easily visible at a distance of 250 feet by a person with 20/20 vision. (8) No person shall operate personal watercraft within a Vessel -Exclusion Zone, in excess of Idle Speed, No Wake in Idle Speed, No Wake Boating -Restricted Areas, or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake Boating -Restricted Areas. (9) Safe operation of personal watercraft. All personal watercraft must be operated in a reasonable and prudent manner at all times. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property, including weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such vessel or when visibility around such vessel is obstructed, or the vessel is operated in a manner that required intentional swerving at the last moment to avoid collision, constitute reckless operation. Personal watercraft are not limited to vessels that have one or two occupants. SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re - lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. [21-IMP-00282/1634244/1] Page 15 of 16 8/21/2024 1 L56 AM O Packet Pg. 2038 17.C.a SECTION FIVE: Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State but also shall not take effect until the Fish and Wildlife Conservation Commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to section 327.46, Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 10th day of September 2024. ATTEST: CRYSTAL K. KINZEL, CLERK IN Deputy Clerk Approved as to form and legality: Derek D. Perry ti'\ Assistant County Attorney `1� Attachments: BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Chris Hall, Chairman Exhibit "A" — Idle Speed, No Wake Boating -Restricted Areas Exhibit `B" — Slow Speed, Minimum Wake Boating -Restricted Areas Exhibit "C" — Vessel -Exclusion Zones [2 1 -IMP-00282/1634244/1 ] Page 16 of 16 8/21/2024 11:56 AM Packet Pg. 2039 17.C.a Exhibit U C m C L 0 m Co CD m m O U Packet Pg. 2040 17.C.a Exhibit A Page Marker Reference Number Latitude Longitude A2 LHB1 26° 19.770'N 810 50.215'W A2 LHB2 26' 19.687'N 81° 50.078'W A3 CRM1 26°17.631'N 81'49.291'W A3 CRM2 26° 17.609'N 81' 49.210'W A4 DWBR1 IDWBR2 26- 16.665'N 81' 49.505'W A4 26' 16.675'N 81° 49.472'W ti M N d N N CO O d V _ C L O 0 2R C d r d O N _ O U r _ d E m 0 m r r Q A001 Packet Pg. 2041 17.C.a Collier County Coastal Waterways Little Hickory Bay ISNW 0 80 160 320 480 640 Feet iSNW A002 Packet Pg. 2042 17.C.a Collier County Coastal Waterways Cocohatchee river fuel dock 0 80 160 320 480 640 Feet ISNW 55MW Manatee Zone Public Fuel Dock A003 Packet Pg. 2043 • � .,� ��'`. ,'L�,, -. Ste.-' �� �. i DWBR2 �.:- ter• _ Y.s.. '.�- - � � i.a��' 17.C.a Exhibit "B" m c Cu r_ O U) m m w Cu w U) _ O U r a Packet Pg. 2045 17.C.a Exhibit B Page Marker Reference Number Latitude Longitude B2 LHB1 26" 19.770'N 81" 50.215'W B3 LHB3 26Q19.109' N 81°50.065'W B3 LHB4 26°18.968'N 81049.929'W B3 LHB5 26°18.619'N 81°50.1191W B4 CR1 26" 16.878'N 81" 47.779'W B4 CR2 26" 16.610'N 81° 47.368'W B5 CB1 26° 14.423N 81° 48.989'W B5 CB2 26" 14.062'N 81" 48.957W B6 CB3 26" 13,699'N 810 49.03.3W B6 C B4 26" 13.163' N 81" 49.047W B6 CB5 2.6" 13,1907'N 81" 48.90186'W B6 CB6 26` 13.03908'N 81" 48.85566'W B6 CB7 26" 122.952'N 81" 48.853'W B7 CBS 26°.1.2.64524'N 81°48.75222'W B7 CB9 260 12.63006'N 810 48.84054'W B8 HFWC1 25°50.66502'N 81'022.125'W B8 HFWC2 1 25" 50.910'N 1 81" 21.873W ti M O N N T- N O O d c) _ _ 0 M r ca 0 _ 0 U _ d t v r r Q B001 Packet Pg. 2046 17.C.a Collier County Coastal Waterways Little Hickory Bay SSMW 0 30 60 120 180 240 Feet B002 Packet Pg. 2047 17.C.a Collier County Coastal Waterways Hells Gate 0 140 280 560 Q SSMW Marker 940 1,120 ?ell's Gate SSMW — � Feet B003 Packet Pg. 2048 of a� s CR1 i p� jy e a Mi le Crosspaittt4 GormicanL}nv � �i•lIu' � �tiJ�ti ti�A1�� ��I FF Na i, Colliers, Res' CR2 4', s �y * N��ples H�spi' 17.C.a Collier County Coastal Waterways /1 — a . f , 0 200 400 800 1,200 1,600 . SSMW Feet B005 Packet Pg. 2050 17.C.a Collier County Coastal Waterways Clam Pass Waterway Inner Clam Pass Channel 0 200 400 800 1,200 1,600 • Collier Ordinance markers B006 Packet Pg. 2051 17.C.a Collier County Coastal Waterways Clam Pass Park SSMW Legend 0 145 290 580 870 1,160z— Fee Clam Pass Park SSMW SSMW Marker B007 fib, Packet Pg. 2052 17.C.a Collier County Coastal Waterways Halfway Creek SSMW Legend Halfway Creek SSMW 0 200 400 800 1,200 1,600 • Collier Ordinance markers Feet B008 O d Packet Pg. 2053 17.C.a Exhibit if c If c L O cu m cu cu cu 2 y C O U ti M O O N N N O O d C> _ C L O cn 3u L 2M 7 O N _ O U _ m E t c� Q Qd Packet Pg. 2054 17.C.a Exhibit C Page Marker Reference Number Latitude Longitude C2 VVE1 26° 15.625'N 81* 49.542'W C2 VVE2 26' 15.518'N 81' 49.521'W C2 VVE3 26' 15.417'N 81° 49.503'W C2 VVE4 26' 15.313'N 81' 49.484'W C2 VVE5 26' 15.181'N 81` 49.458'W C3 CPVE1 26' 13.071'N 81° 49.123'W C3 CPVE2 26- 12.997'N 81° 49.117W C3 CPVE3 26' 12.923'N 81° 49.112'W ti M N tF N r N CO O d 0 C M C i O N 2R C d N r.+ R O N C O U C N E t 0 ca .r .r Q C001 Packet Pg. 2055 17.C.a Collier County Coastal Waterways Vanderbilt Beach Swim Area WE1 Y Y E3 WES Legend Swim Area 0 125 250 500 750 1,000 Feet �wim Area Vessel Exclusion 0002 Packet Pg. 2056 17.C.a Collier County Coastal Waterways Clam Pass Beach Swim Area Legend 0 Swim Area 0 80 160 320 480 640 Feet swim Area Vessel Exclusion C003 Packet Pg. 2057 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 COLLIER COUNTY CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE ORDINANCE NO.2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL, CONSOLIDATION, AND SUPERSESSION OF EXISTING ORDINANCES RELATING TO THE REGULATION OF AND CONDUCT ON WATERWAYS AND BEACHES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapters 161 and 327, Florida Statutes, the Board of County Commissioners ("Board") enacted Ordinances, intended to promote the health, safety and welfare of the public at large, including residents and visitors to the County, by providing reasonable regulation of the public's use and conduct on its beaches and adjoining waterways; and WHEREAS, the Board wishes to consolidate these Ordinances into one Ordinance to update and clarify the regulations and eliminate any regulations deemed obsolete; and WHEREAS, pursuant to Section 327.46(1)(c), Florida Statutes, this proposed Consolidated Waterways and Beaches Ordinance has been reviewed and approved by the Florida Fish and Wildlife Conservation Commission for issues specific to waterways. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Repeal of Ordinances. The following Collier County Ordinances are repealed, consolidated, and superseded in their entirety: Ordinance No. 79-8; Ordinance No. 89-11, as amended, known as the Collier County Beach and Water Safety and Vessel Control Ordinance; Ordinance No. 89-86; Ordinance No. 91- 19; Ordinance No. 91-112; Ordinance No. 92-35, Vessel Registration Fee; Ordinance No. 94-57; Ordinance No. 96-28, as amended; Ordinance No. 97-10; Ordinance No. 97-12; Ordinance No. 98-88; Ordinance No. 99-54; Ordinance No. 00-60; Ordinance No. 07-38; and Ordinance No. 15- 24. SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: [2 1 -IMP-00282/1634244/1 ] Page 1 of 16 8/21/2024 11:56 AM Packet Pg. 2058 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 ARTICLE I. GENERAL Section 1. Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Consolidated Waterways and Beaches Ordinance." Section 2. Applicability. The provisions of this Ordinance shall apply to and be enforced upon all waterways, creeks, streams, lakes, ponds, bayous, canals, and channels, whether natural or manmade, and their adjacent shoresibeaches as applicable, located within the unincorporated area of the County, including, but not limited to, Caxambas Pass, Chokoloskee Bay, Chokoloskee Island, Clam Bay System, Clam Pass, Cocohatchee River, Delnor-Wiggins Pass, Doctors Pass, Dollar Bay, Everglades City, Goodland, Gordon Pass, Gordon River, Hell's Gate, Henderson Creek, Hurricane Pass, Isles of Capri, Key Island (also known as Keewaydin Island), Little Hickory Bay, Little Hickory Island, Little Marco Pass, Marco Island (where applicable), Naples Bay (where applicable), Port of the Islands, Vanderbilt Lagoon, and Wiggins Bay, or subject to the jurisdiction of the County by any other law or interlocal agreement. Section 3. Intent and purpose. It is the intent and purpose of this Ordinance to protect and promote the health, safety and welfare of the public at large, including residents and visitors to the County by providing reasonable regulation of the public's use and conduct on the beach and adjoining waters of the County, including the designation of specific areas within which the operation of aircraft and vessels may be regulated or prohibited. It is further intended that this Ordinance shall be liberally construed to effect such intent and purpose. Section 4. Definitions. For the purposes of this Ordinance, terms and definitions are as defined in Chapters 327 and 328, Fla. Stat., unless specifically stated otherwise. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. The following words, terms and phrases, when used in this Ordinance, shall have the meanings ascribed to them , except where the context clearly indicates a different meaning: 40 Aircraft means any motor vehicle or contrivance now known or hereinafter invented, which v 41 is used or designed for navigation of or flight in the air, except a parachute or other 42 contrivance designed for such navigation but used primarily as safety equipment. The term z 43 "aircraft" shall include ultralight aircraft and seaplanes. v r a [21-IMP-00282/1634244/1] Page 2 of 16 8/21/2024 11:56 AM Packet Pg. 2059 17.C.b I 2 Bather means any person who is in the same water as a vessel, whether said person is 3 swimming, wading or engaged in any other activity in the water. 4 5 Bathing area means any area of the beach and adjoining waters in which bathers are located 6 or may be located, whether or not designated by signs or other form of notification. 7 8 Beach or shore means the zone of unconsolidated material that extends landward from the 9 mean low water line to the place where there is marked change in material or physiographic 10 form. 11 12 Bloodbaiting means the use of blood or bloody fish parts to attract sharks. 13 14 Camping means the erection of shelter or similar structures for the purpose of sleeping or 15 lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or 16 other protective garb. 17 18 Chumming means the throwing of bait or fish parts into the water to attract fish. 19 20 Contiguous land means any land abutting land conveyed to the county as required in this 21 article or any land which is located within one-half mile (2,640 feet) of the land conveyed 22 to the County. 23 24 County means the body politic Collier County, Florida, including the Board of County 25 Commissioners, and/or the unincorporated area of Collier County, Florida. 26 27 Decibel (dBA) means a unit for describing the amplitude of sound, as further defined by 28 Collier County's Noise Control Ordinance No. 90-17, as amended. 29 30 Gulf means the Gulf of Mexico. 31 32 Idle Speed No Wake means, as defined by Rule 68D-24.002(2), F.A.C., as may be 33 amended, a boating -restricted area which has been established to protect the safety of the 34 public where a vessel cannot proceed at a speed greater than that speed which is necessary 35 to maintain steerageway. 36 37 License or licensed means a county occupational license or having such license. 38 39 Operate or operation means to be in charge of, in command of, or in actual physical control c 40 of a vessel upon the waters of this state, to exercise control over or to have responsibility v 41 for a vessel's navigation or safety while the vessel is underway upon the waters of this 42 state, or to control or steer a vessel being towed by another vessel upon the waters of the z 43 state. r a [21-IMP-00282/1634244/1] Page 3 of 16 8/21/2024 11:56 AM Packet Pg. 2060 17.C.b I 2 Permit means a beach vendor's permit issued by the county. 3 4 Person means any individual, partnership, firm, corporation, association or other entity. 5 Personal watercraft means, as defined by Section 327.02(36), Fla. Stat., as may be 6 amended, a vessel less than 16 feet in length which uses an inboard motor powering a water 7 pump as its primary source of motive power and which is designed to be operated by a 8 person sitting, standing, or kneeling on the vessel, rather than in the conventional manner 9 of sitting or standing inside the vessel. The term personal watercraft for purposes of this 10 Ordinance shall include "jet skis" "sea sleds," "dolphin boats," "wave runners," or other 11 such product name meeting the description herein provided. 12 13 Rafts, floats and flotation devices means any device, whether of canvas, vinyl, rubber, 14 styrofoam or other substance, intended or capable of assisting in the flotation of a person 15 on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but 16 shall include body boards unless the context clearly indicates otherwise. 17 18 Sailcraft means a vessel whose sole source of propulsion is the wind, including sailboats, 19 sailboards, kiteboards, and wind surfboards. 20 21 Seaplane means any aircraft that is capable of landing and/or lifting off from a water 22 surface. 23 24 Slow Speed Minimum Wake and Slow Down Minimum Wake means, as defined by section 25 68D-24.002(1), F.A.C., as may be amended, that a vessel must be fully off plane and 26 completely settled into the water. Such vessels may not proceed at a speed greater than 27 that speed which is reasonable and prudent to avoid the creation of an excessive wake or 28 other hazardous condition under the existing circumstances. 29 30 Solicit or canvass means any act, delivery, or exchange not initiated by the prospective 31 customer or which directs attention to any business, mercantile or commercial 32 establishment, or any other commercial activity, for the purpose of directly or indirectly 33 promoting commercial interests through sales, rentals, or any exchange of value. 34 35 Ultralight aircraft or ultralight means any heavier-than-air, motorized aircraft which meets 36 the criteria for maximum weight, fuel capacity and airspeed established for such aircraft 37 by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. 38 39 Vessel shall have the same definition as found in Section 327.02(46), Fla. Stat., as may be c 40 amended, and is synonymous with boat and includes every description of watercraft, barge, v 41 and airboat, other than a seaplane on the water, used or capable of being used as a means a 42 of transportation on water. z 43 r a [21-IMP-00282/1634244/1] Page 4 of 16 8/21/2024 11:56 AM Packet Pg. 2061 17.C.b I Section 5. Penalties. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (a) Any owner, operator, or person in command of any vessel or aircraft or any other person who violates any provision of this Ordinance or fails to comply with the requirements of this Ordinance shall be treated in the same manner as a misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to exceed 60 days, or by both such fine and imprisonment and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violation. (b) All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of chapter 162, pts. I or II, Fla. Stat., as may be applicable. (c) Civil violation and infraction penalty and fine amounts shall be in accordance with those set or published by the Collier County Clerk of Courts. Section 6. Enforcement. (a) The provisions of this Ordinance shall be enforced by any member of any duly authorized law enforcement agency or officers having enforcement jurisdiction in Collier County, Florida, including code enforcement officers. Civil citations may be used to notify the defendant of allegations of violations of this Ordinance. (b) Area of enforcement. The area of enforcement of the provisions of this section shall be all waters, creeks, bayous, canals and channels whether natural or manmade located within unincorporated Collier County. ARTICLE II. VESSEL CONTROL Section 1. Vessel registration fee. (a) Imposition. Those vessels stored or operated within the jurisdiction of the county which are required by law to be registered with the state shall be subject to a county vessel registration fee which shall be in the amount of 50 percent of the currently applicable state registration certificate fee, and will be added to the current state fee. The county vessel registration fees shall be and reflect 50 percent of the state vessel registration fees as set forth in Section 328.72(1), Fla. Stat., Vessel Registration Fee, and as it may be amended hereafter. (b) Collection of fees. The county vessel registration fee shall be collected by the tax collector a at the time of state vessel registration. z r a [21-IMP-00282/1634244/1] Page 5 of 16 8/21/2024 11:56 AM Packet Pg. 2062 17.C.b I (c) Payment/schedule. The tax collector shall be paid a collection fee, in accordance with. 2 section 192.091, Fla. Stat., Commissions of Property Appraisers and Tax Collectors, and 3 as it may be amended hereafter. 4 5 (d) Distribution of fees. Dollar amounts required by section 328.72(15), Fla. Stat., of every 6 vessel registration fee shall be remitted to the state for deposit. All other funds (after 7 payment to the tax collector and the motor boat revolving trust fund) shall be expended for 8 the patrol, regulation, and maintenance of the lakes, rivers, or waters and for other boating- 9 related activities in the County. 10 11 Section 2. Vessel regulation. 12 13 (a) Idle Speed, No Wake Boating -Restricted Areas. The County may enact Boating -Restricted 14 Areas by Ordinance to establish Idle Speed, No Wake Boating -Restricted Areas, in 15 accordance with section 327.46, Fla. Stat., as may be amended. 16 17 (1) The operation of any vessel in excess of Idle Speed, No Wake, as defined herein, 18 in or on any waters specified as an Idle Speed, No Wake Boating -Restricted Area 19 is hereby prohibited and is a violation of this Ordinance. Said prohibition is 20 effective and enforceable provided the Idle Speed, No Wake Boating -Restricted 21 Area is designated by regulatory marker, signage, buoy, or any other notice. The 22 locations of any and all such notices (including informational signage) shall be 23 placed at the discretion of County staff and shall not be subject to the Land 24 Development Code. All such notices posted by the County are official notices of 25 the County. Provided the restricted area is posted as an Idle Speed, No Wake 26 Boating -Restricted Area, it is no defense to a violation of this Ordinance to allege 27 that the person issued a notice of violation of this Ordinance did not observe posted 28 notice. 29 30 (2) No person shall operate a vessel in any area designated and posted as an Idle Speed, 31 No Wake Boating -Restricted Area at a speed greater than Idle Speed, No Wake. 32 Any vessel operating in an Idle Speed, No Wake Boating -Restricted Area must 33 operate at the minimum speed that allows the vessel to maintain headway and 34 steerageway. 35 36 (3) The following areas are designated as Idle Speed, No Wake Boating -Restricted 37 Areas: 38 39 a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or c 40 landing facility available for use by the general boating public on waterways v 41 more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine 42 railway, or other launching or landing facility available for use by the general z 43 boating public on waterways not exceeding 300 feet in width. r a [21-IMP-00282/1634244/1] Page 6 of 16 8/21/2024 11:56 AM Packet Pg. 2063 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boating public on waterways not exceeding 300 feet in width. c. Inside or within 300 feet of any lock structure. (4) Idle Speed, No Wake Boating -Restricted Areas. The County hereby adopts and designates the respective areas depicted on Exhibit "A" as Idle Speed, No Wake Boating -Restricted Areas. (b) Slow Speed, Minimum Wake Boating -Restricted Areas. The County may enact Boating - Restricted Areas by Ordinance to establish Slow Speed, Minimum Wake Boating - Restricted Areas, in accordance with section 327.46, Fla. Stat., as may be amended. (1) No person shall operate a vessel in any area designated and posted as a Slow Speed, Minimum Wake Boating -Restricted Area at a speed greater than Slow Speed, Minimum Wake. Any vessel operating in a Slow Speed, Minimum Wake Boating - Restricted Area must operate fully off plane and completely settled in the water. The vessel's wake must not be excessive nor create a hazard to other vessels. (2) The following are designated as Slow Speed, Minimum Wake Boating -Restricted Areas: a. Within 300 feet of any bridge fender system. b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. d. On a lake or pond of less than 10 acres in total surface area. (3) Slow Speed, Minimum Wake Boating -Restricted Areas. The County hereby adopts and designates the respective areas depicted on Exhibit `B" as Slow Speed, Minimum Wake Boating -Restricted Areas. (c) Vessel -Exclusion Zones. The County may enact Vessel -Exclusion Zones by Ordinance where the area is designated as a public bathing beach or swim area, or a canoe trail or area otherwise limited to non -motorized vessels, in accordance with Section 327.46, Fla. Stat., as may be amended. (1) No person shall operate a motorized vessel or sailcraft within a Vessel -Exclusion a Zone, provided that this subsection shall not apply in the case of an emergency or z to a patrol or rescue craft. r a [21-IMP-00282/1634244/1] Page 7 of 16 8/21/2024 11:56 AM Packet Pg. 2064 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 (2) Vessel -Exclusion Zones. The County hereby adopts and designates the respective areas depicted on Exhibit "C" as Vessel -Exclusion Zones. (d) Personal watercraft regulation. No person shall operate personal watercraft: (1) Within Vessel -Exclusion Zones; in excess of Idle Speed, No Wake in Idle Speed, No Wake Boating -Restricted Areas; or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake Boating -Restricted Areas. (2) In an unsafe, reckless or careless manner endangering the life, limb, or property of any person. (e) Careful and prudent operation required. Every person operating or navigating any vessel in, on or under any waters within the unincorporated areas of Collier County shall do so in a careful and prudent manner, taking into consideration the environmental conditions, water skiers and other boats and watercraft and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a boat in such a careful and prudent manner shall constitute careless boating and a violation of this Ordinance. (f) Official government business. Except during an emergency or operation by an official of the government while engaged in official business, the operation of any vessel shall conform to this Ordinance, as well as federal, state, and local law. (g) Speed not to be greater than what is reasonable under the conditions. Nothing contained in this Ordinance shall be construed to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, persons swimming or fishing in the area, or other hazards. (h) Exemptions. The following shall be exempted from the provisions of this section: (1) The provisions of this section shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial, or exhibition. (2) The operators of law enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operating under emergency conditions. [2 1 -IMP-00282/1634244/1 ] Page 8 of 16 8/21/2024 11:56 AM Packet Pg. 2065 17.C.b I ARTICLE III. BEACH AND WATER SAFETY 2 3 Section 1. Regulation of use and conduct on the beach. 4 5 (a) Possession of glass containers prohibited. It shall be unlawful for any person while on the 6 beach or beach access areas to possess or utilize any glass bottle or container. 7 8 (b) Restrictions on animals on beach. It shall be unlawful for any person owning or have under 9 his control any animal, to permit such animal upon the beach, except guide dogs 10 accompanying visually impaired persons or hearing ear dogs accompanying hearing 11 impaired persons shall be allowed on the beach at all times. 12 13 (c) Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful for 14 any person to have an open fire on the beach. Said prohibition shall not include a stove or 15 grill where so designated and posted by the County Parks and Recreation Department. It 16 shall be unlawful for any person to dispose of any coals, briquets, embers or other heated 17 object from any stove or grill at the beach in other than a county designated receptacle. 18 19 (d) Overnight camping prohibited. It shall be unlawful to camp overnight on the beach, except 20 for recreational purposes on property designated for such purposes. 21 22 (e) Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet from 23 shore to intentionally fish for sharks or to fish by those methods commonly known as 24 "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any 25 sort on the part of any law enforcement officer or county employee to prevent fishing or to 26 warn of the presence of sharks in the Gulf of Mexico. 27 28 (f) Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to throw 29 any ball, frisbee, or other object through any bathing area after having been warned by any 30 law enforcement officer that such activity interferes with or endangers the movement of 31 pedestrian traffic or public safety. 32 33 (g) Swimming. No person, except a person actually engaged in a rescue attempt, shall: 34 35 (1) Swim or bathe within 150 feet measured in any direction from a pier or jetty; or 36 37 (2) Swim or bathe in any area posted exclusively for vessel and/or sailcraft use. 38 39 (h) Use of rafts, floats, and other flotation devices. No person shall use any raft, float, body c 40 board, or other flotation device of any description, except for a vessel or sailcraft, more v 41 than 500 feet from the water's edge. 42 z r a [21-IMP-00282/1634244/1] Page 9 of 16 8/21/2024 11:56 AM Packet Pg. 2066 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (i) Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or sailcraft of any description, whether motorized or not, surf or otherwise use any other equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or any chemical substance as set forth in section 877.111, Fla. Stat. or any substance controlled under chapter 893, Fla. Stat. to the extent that the person's normal faculties are impaired. (j) Use of aircraft on beach or from or over specified saltwater area prohibited. No person shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or "ultralight vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph 103.1, on or from the beach or adjoining water within 500 feet of the water's edge. In the area west of a southerly projection of a north/south line that bisects the intersection of County Road 92 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person shall operate any ultralight (including ultralight trainers and ultralight vehicles) from, on or over any saltwater except at a horizontal distance greater than 500 feet seaward from the nearest shoreline of the mainland or nearest shoreline of the nearest island, whichever is the most restrictive reference point. (k) Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of the public on the beach: (1) By other than licensed concessionaires of goods and services for use or consumption on the beach. No person other than a licensed concessionaire shall solicit or canvass for the sale or rental of merchandise, services, goods, or property of any kind or character intended for use or consumption on the beach. (2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character except from within or within ten feet of his licensed premises or vehicle. (3) By any person of goods and services for use or consumption off the beach. No person shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character to be delivered or performed off the beach. (1) Sound amplification. No audio device, such as loudspeakers, television, radio, compact disc, tape, or record player, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach in a manner that: (1) Exceeds a noise level of 60 decibels (dBA) in compliance with the Collier County " Noise Control Ordinance No. 90-17, as amended; or E z r a [21-IMP-00282/1634244/1] Page 10 of 16 8/21/2024 11:56 AM Packet Pg. 2067 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 (2) Otherwise violates the Collier County Noise Control Ordinance No. 90-17, as amended. (m) Breach of the peace; disorderly conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct. (n) Removal of beach sand. No beach sand may be removed from the beach. (o) Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or ashes, or any other litter, except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach. (p) Trespass: construction, restoration, and/or renourishment projects or construction sites (1) It shall be a separate violation of this article for any individual to refuse to immediately and completely obey an oral order (instruction) to leave a beach area undergoing construction, restoration, and/or renourishment, or to move his/her person to some other area of the beach, if the order (instruction) is personally communicated to the individual by any employee, contractor, vendor, or other official who at such time and place has authority to issue such an instruction. (2) It is a separate violation of this article for any individual to commit a trespass into (or within) any secure area of a beach area undergoing construction, restoration, and/or renourishment, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Collier County Parks and Recreation Division or Coastal Management Program Division are each hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this article irrespective of application of any County rule or regulation. (q) Key Island (also known as Keewaydin Island). (1) Prohibited Activities: a. Hunting, harassing, possessing or trapping wildlife. b. Use of animal trapping or concealment devices. c. Admission of unleashed domestic animals, except those ADA Service Animals [2 1 -IMP-00282/1634244/1 ] Page 1 1 of 16 8/21/2024 11:56 AM Packet Pg. 2068 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 d. Transplantation or removal of any plant or animal, or parts of plants or animals (living or dead), except as provided herein. e. Removal, disturbance, pollution or destruction of property, or natural or cultural resources. f. Solicitation or distribution of commercial materials and advertising of any commercial event, other than Department materials or announcements of Department -sponsored or sanctioned events and gatherings. g. Possession of glass containers prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. (2) Limited Activities: a. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads specifically designated for those activities. b. Recreational camping may be conducted only on property designated for such purposes. c. Fires are allowed only in designated areas. d. Visitors shall be responsible for the proper disposal of all wastewater, refuse and trash, by placing it in designated containers, if provided, or removed to an off -site disposal facility or receptacle. e. Vehicles are allowed only in areas designated as public access roads. f. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas located inside the boundaries of the Buffer Preserves is allowed only where designated for such use with signs. Section 2. Concession operations, equipment rentals and vendors on the beach and adjoining waters. The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations: (a) Beach vendor permit requirement. Any person or entity to be engaged in the sale of goods, services, rental, leasing, bailment, or otherwise providing recreational equipment for remuneration, including any motorized or wind -driven vessel for use by the public on the beach or adjoining waters of the County shall be required to obtain a beach vendor permit/license from the County. A beach vendor permit/license shall issue and be maintained upon the applicant paying such application fee therefor as established from time -to -time by the County by Resolution. The applicant must meet the following requirements: [2 1 -IMP-00282/1634244/1 ] Page 12 of 16 8/21/2024 11:56 AM Packet Pg. 2069 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (1) The applicant must have an operations office or headquarters located at a land - based location in an area immediately adjacent to where the permitted/licensed activities are to be provided for public use. The office/headquarters must be located only on land that is immediately seaward of the upland owner's main building adjacent to that adjoining beach. The land -based operations/activities must be conducted wholly within the geographic confines of the two seaward projections of the north/south property lines of the upland parcel, and the office/headquarters must have direct physical access to the beach and salt water. In the event the permittee/licensee has its authorization to occupy the upland headquarters area terminated or otherwise cancelled by the upland landowner or from whatever other person or entity authorized that permittee/licensee to occupy that upland area, loss of right of that upland occupancy shall thereby automatically void the then existing Collier County beach vendor's permit/license for that area. (2) The applicant must have and maintain a telephone and marine radio at its land - based operations office. (3) If the applicant is engaged in the rental of motorized or windblown equipment, or other vessel rentals, the applicant must have a motorized chase boat with operational marine radio in good running condition that meets all U.S. Coast Guard safety requirements. That boat must be kept at the vessel rental site during all hours of applicant's rental operations. (4) The applicant must have and maintain comprehensive general liability insurance with coverage not less than the amount of $500,000.00 combined single limits or the amount specified in the County contract, whichever is greater. (5) The applicant shall provide a list describing and indicating the state vessel registration number of each motorized vessel applicant places in service. Each motorized vessel placed in service for public use under a Collier County beach vendor's permit/license shall have a state vessel registration number affixed thereon at all times. (6) The applicant shall provide at least one operational life vest for each occupant space on each of the vessels to be offered for public use under this section. (7) The applicant must provide a site plan for the beach operation that includes the operation's boundaries on the beach and the ingress and egress points to that operation. No operation boundary shall extend into any pedestrian pathway. (8) The applicant is required to obtain a County occupational license for its operations a office required under this section. To obtain an occupational license, the applicant z must provide proof of having a current, valid beach vendor's permit. Revocation of r a [21-IMP-00282/1634244/1] Page 13 of 16 8/21/2024 11:56 AM Packet Pg. 2070 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 the occupational license shall automatically void the respective beach vendor permit/license. (9) If a permit/license holder violates any condition of the beach vendor permit/license during any permit/license year and is notified by the County in writing of the violation, the director of parks and recreation is authorized to impose conditions on the subsequent annual beach vendor's permit/license (a probationary permit/license), including issuing a month -to -month permit/license that shall be summarily voidable for any similar or dissimilar violation of any of the permit/license condition(s). (b) Beach vendor permittee, vessel user regulations/general regulations. (1) Operator age restrictions applicable to operation of all vessels with ten horsepower or greater. As required by section 327.395, Fla. Stat., the rental to or operation of a motorized vessel powered by a motor of ten horsepower or greater is prohibited to anyone born after January 1, 1988, unless that person has in his/her possession aboard the vessel photographic identification and a boater safety identification card issued pursuant to section 327.395, Fla. Stat. A person is exempt from this provision if they are accompanied in the vessel by a person who holds an identification card in compliance with this section, is 18 years of age or older, and is attending to the operation of the vessel and responsible for the sage operation of the vessel and for any violation that occurs during operation of the vessel. (2) The renter, user, passenger of or on any vessel described in this section shall have on board an operational life vest while using or having such vessel in the water; and it is a violation of this section for any such person using such vessel not to have a life vest on board. (3) Pre -ride safety instructions. Each livery must also provide pre -ride boater safety instruction and safety information to each person who rents a vessel powered by a motor rated at ten horsepower or greater. (4) Display of rental personal watercraft speed limit information. Each rental personal watercraft must conspicuously display the special speed limit instructions that apply within all the respective distances from the shore. The speed instructions must be easily visible to the operator of the rental jet ski when the operator is in the operating position on the personal watercraft. (5) Mufflers on rental personal watercraft. Each rental personal watercraft must always " operate with stock mufflers or with mufflers that are quieter than stock mufflers. a E z r a [21-IMP-00282/1634244/1] Page 14 of 16 8/21/2024 11:56 AM Packet Pg. 2071 17.C.b 1 (6) Each renter of a personal watercraft must read and initial that he/she understands 2 the speed and operation restrictions placed upon operation of personal watercraft 3 by this section and/or by Chapter 327, Fla. Stat. 4 5 (7) Rental personal watercraft identification markings. Each rental personal watercraft 6 must display identifying letters and/or numbers that identify the specific personal 7 watercraft. Each identification number and/or letter, trademark, logo, and/or 8 company name must be at least four inches in height and must contrast with its 9 background color so as to be easily visible at a distance of 250 feet by a person with 10 20/20 vision. 11 12 (8) No person shall operate personal watercraft within a Vessel -Exclusion Zone, in 13 excess of Idle Speed, No Wake in Idle Speed, No Wake Boating -Restricted Areas, 14 or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake 15 Boating -Restricted Areas. 16 17 (9) Safe operation of personal watercraft. All personal watercraft must be operated in 18 a reasonable and prudent manner at all times. Maneuvers which unreasonably or 19 unnecessarily endanger life, limb, or property, including weaving through 20 congested vessel traffic, jumping the wake of another vessel unreasonably or 21 unnecessarily close to such vessel or when visibility around such vessel is 22 obstructed, or the vessel is operated in a manner that required intentional swerving 23 at the last moment to avoid collision, constitute reckless operation. Personal 24 watercraft are not limited to vessels that have one or two occupants. 25 26 SECTION THREE: Conflict and Severability. 27 28 In the event this Ordinance conflicts with any other ordinance of Collier County or other 29 applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held 30 invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a 31 separate, distinct and independent provision and such holding shall not affect the validity of the 32 remaining portion. 33 34 SECTION FOUR: Inclusion in the Code of Laws and Ordinances. 35 36 The provisions of this Ordinance shall become and be made a part of the Code of Laws and 37 Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re- 38 lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or 39 any other appropriate word. 40 41 42 43 [2 1 -IMP-00282/1634244/1 ] Page 15 of 16 8/21/2024 11:56 AM Packet Pg. 2072 17.C.b 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 SECTION FIVE: Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State but also shall not take effect until the Fish and Wildlife Conservation Commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safety pursuant to section 327.46, Florida Statutes. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this loth day of September 2024. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA U61A Deputy Clerk Approved as to form and legality: Derek D. Perry Assistant County Attorney Attachments: Chris Hall, Chairman Exhibit "A" — Idle Speed, No Wake Boating -Restricted Areas Exhibit `B" — Slow Speed, Minimum Wake Boating -Restricted Areas Exhibit "C" — Vessel -Exclusion Zones [2 1 -IMP-00282/1634244/1 ] Page 16 of 16 8/21/2024 11:56 AM Packet Pg. 2073 17.C.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 COLLIER COUNTY CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE ORDINANCE NO.2024 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL, CONSOLIDATION, AND SUPERSESSION OF EXISTING ORDINANCES RELATING TO THE REGULATION OF AND CONDUCT ON WATERWAYS AND BEACHES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, by the authority vested by Chapter 125, Florida Statutes, and pursuant to Chapters 161 and 327, Florida Statutes, the Board of County Commissioners ("Board") enacted Ordinances, intended to promote the health, safety and welfare of the public at large, including residents and visitors to the County, by providing reasonable regulation of the public's use and conduct on its beaches and adjoining waterways; and WHEREAS, the Board wishes to consolidate these Ordinances into one Ordinance to update and clarify the regulations and eliminate any regulations deemed obsolete; and WHEREAS, pursuant to Section 327.46(1)(c), Florida Statutes, this proposed Consolidated Waterways and Beaches Ordinance has been reviewed and approved by the Florida Fish and Wildlife Conservation Commission for issues specific to waterways. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Repeal of Ordinances. The following Collier County Ordinances are repealed, consolidated, and superseded in their entirety: Ordinance No. 79-8; Ordinance No. 89-11, as amended, known as the Collier County Beach and Water Safety and Vessel Control Ordinance; Ordinance No. 89-86; Ordinance No. 91- 19; Ordinance No. 91-112; Ordinance No. 92-35, Vessel Registration Fee; Ordinance No. 94-57; Ordinanee Ne. 96 16, as amended, also known as the Collier- CetH4y Water- Safety and Vessel Get+t el Ordkia-n e Ordinance No. 96-28, as amended; O -din -fle . Ne. 96 75 [Ordinance No. 97- , 10; Ordinance No. 97-12; Ordinance No. 98-88; Ordinance No. 99-54; Ordinance No. 00-60; Ordinance No. 07-38; and Ordinance No. 15-24. SECTION TWO: Collier County hereby adopts an Ordinance that reads as follows: [2 1 -IMP-00282/1634244/11 Page 1 of 25 8/21/2024 11:57 AM Commented [DPI]: Keeping these two ordinances ( books to allow Keewaydin signs to remain grandfather under a valid permit. a+ Q Packet Pg. 2074 17.C.c I ARTICLE 1. —GENERAL 2 3 Section 1. Title and Citation. 4 5 This Ordinance shall be known and may be cited as the "Collier County Consolidated 6 Waterways and Beaches Ordinance." 7 8 Section 2. See. 146 35. Applicability. 9 10 The provisions of this Ordinance This a agile shall apply to and be enforced upon all 11 waterways, creeks, streams, lakes, ponds, bayous, canals, and channels, whether natural or 12 manmade, land their adjacent shores/beaches as applicable,located within the unincorporated area 13 of the eCounty, including, but not limited to, Caxambas Pass, Chokoloskee Bay, Chokoloskee 14 Island, Clam BU System, Clam Pass, Cocohatchee River, Delnor-Wiggins Pass, Doctors Pass, 15 Dollar Bay, Everglades City, Goodland, Gordon Pass, Gordon River, Hell's Gate, Henderson 16 Creek, Hurricane Pass, Isles of Capri, Key Island (also known as Keewaydin Island), Little 17 Hickory Bay, Little Hickory Island, Little Marco Pass, Marco Island (where applicable), Naples 18 Bay (where applicable), Port of the Islands, Vanderbilt Lagoon, and Wiggins Bay, or subject to 19 the jurisdiction of the Countyby any other law or interlocal agreement Sand Dollar island an 20 Little HiekeiFy 1sla-ad, and, &ieept as other -wise speeified her-eiff, shall not apply to the a�her bai+ie 22 23 Section 3. See.i46 34.. Intent and purpose. 24 25 It is the intent and purpose of this division Ordinance to protect and promote the health, 26 safety and welfare of the public at large, including residents and visitors to the Ceounty by 27 providing reasonable regulation of the public's use and conduct on the beach and adjoining waters 28 of the Ceounty, including the designation of specific areas within which the operation of aircraft 29 and vessels may be regulated or prohibited. It is further intended that this division Ordinance shall 30 be liberally construed to effect such intent and purpose. 31 32 Section 4. C^�2.. Definitions. 33 34 For the DUMOses of this Ordinance, terms and definitions are as defined in Chanters 327 and 328 35 Fla. Stat., unless specifically stated otherwise. When not inconsistent with the context, words used 36 in the present tense include the future, words in the plural number include the singular number, 37 and the words in the singular number include the plural number. The word "shall" is always 38 mandatory and not merely directory. The following words, terms and phrases, when used in this 39 divisiofiOrdinance, shall have the meanings ascribed to them in this seeaa, except where the 40 context clearly indicates a different meaning: 41 42 Aircraft means any motor vehicle or contrivance now known or hereinafter invented, which 43 is used or designed for navigation of or flight in the air, except a parachute or other [2 1 -IMP-00282/1634244/11 Page 2 of 25 8/21/2024 11:57 AM Commented [DP2]: To make clear that beaches are covered by this law. Packet Pg. 2075 17.C.c contrivance designed for such navigation but used primarily as safety equipment. The term "aircraft" shall include ultralight aircraft and seaplanes. 7 Bather means any person who is in the same water as a vessel, whether said person is 8 swimming, wading or engaged in any other activity in the water. 9 10 Bathing area means any area of the beach and adjoining waters in which bathers are located 11 or may be located, whether or not designated by signs or other form of notification. 12 13 Beach or shore means the soft sand ..oi4ion of land lying seaward of .. seawallor- line of 14 the zone of 15 unconsolidated material that extends landward from the mean low water line to the place 16 where there is marked change in material or physiographic fo.^rl 17 vegetatien.I _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Commented [DP31: FWC request. 18 19 Bloodbaiting means the use of blood or bloody fish parts to attract sharks. 20 21 Camping means the erection of shelter or similar structures for the purpose of sleeping or 22 lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or 23 other protective garb. 24 25 Chumming means the throwing of bait or fish parts into the water to attract fish. 26 27 Contiguous land means any land abutting land conveyed to the county as required in this 28 article or any land which is located within one-half mile (2,640 feet) of the land conveyed 29 to the eCounty 30 31 County means the body politic Collier County, Florida, including the Board of County 32 Commissioners, and/or the unincorporated area of Collier County, Florida. 33 34 Decibel (dBA) means a unit for describing the amplitude of sound„ equal to 20 times the 35 36 pressefe, whieh is 20 mierenevi4ens pef squafe meter. as further defined by Collier 37 County's Noise Control Ordinance No. 90-17, as amended. 38 39 Gulf means the Gulf of Mexico. 40 41 42steering 1. 43 [2 1 -IMP-00282/1634244/11 Page 3 of 25 8/21/2024 11:57 AM tit M to O! N Packet Pg. 2076 17.C.c Idle Speed No Wake means, as defined by Rule 68D-24.002(2), F.A.C., as may be amended, a boating -restricted area which has been established to protect the safety of the public where a vessel cannot proceed at a speed greater than that speed which is necessary to maintain steerageway. � eyffleH4 of one 7 or two p being propelledby propellers or- by et ptmT with „fi.11y efleloSeA 8 impellef and not weighing ever 350 pounds of having a length greatef than ten feet. The 9 tef:Ffi jet ski for ptiFpeses of this &visiefl shali ifieltide "sea sleds ... .. delphin bea4s ... .. wave 10 . 11 12 License or licensed means a county occupational license or having such license. 13 14 15 16 17 18 19 proceeding without wake or- with .,.,:.,:..,,um wake is pr-o eedifig t slow speed, 20 21 Operate or operation means tona-vigate or other. se use ^ airewaft or si^l : or n the 22 water to be in charge of, in command of, or in actual physical control of a vessel upon the 23 waters of this state, to exercise control over or to have responsibility for a vessel's 24 navigation or safety while the vessel is underway upon the waters of this state, or to control 25 or steer a vessel being towed by another vessel upon the waters of the state. 26 27 Permit means a beach vendor's permit issued by the county. 28 29 Person means any individual, partnership, firm, corporation, association or other entity. 30 Personal watercraft means, as defined by Section 327.02(36), Fla. Stat., as may be 31 amended, a vessel less than 16 feet in length which uses an inboard motor powering a water 32 pump as its primary source of motive power and which is designed to be operated by a 33 person sitting, standing, or kneeling on the vessel, rather than in the conventional manner 34 of sitting or standing inside the vessel. The term personal watercraft for purposes of this 35 Ordinance shall include "jet skis" "sea sleds," "dolphin boats." "wave runners," or other 36 such product name meeting the description herein provided. 37 38 Rafts, floats and flotation devices means any device, whether of canvas, vinyl, rubber, 39 styrofoam or other substance, intended or capable of assisting in the flotation of a person 40 on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but 41 shall include body boards unless the context clearly indicates otherwise. 42 [2 1 -IMP-00282/1634244/11 Page 4 of 25 8/21/2024 11:57 AM Packet Pg. 2077 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Sailcraft means a wind propelled vehiele used or eapable of being used as a mean transpeAeAien en -r in .i.,, ate-. vessel whose sole source of propulsion is the wind, including sailboats, sailboards, kiteboards, and wind surfboards. Seaplane means any aircraft that is capable of landing and/or lifting off from a water surface. Slow Speed Minimum Wake and Slow Down Minimum Wake means, as defined by section 68D-24.002(1), F.A.C., as may be amended, that a vessel must be fully off plane and completely settled into the water. Such vessels mawproceed at a speed greater than that speed which is reasonable and prudent to avoid the creation of an excessive wake or other hazardous condition under the existing circumstances. Solicit or canvass means any act, delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals, or any exchange of value. Ultralight aircraft or ultralight means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations. Vessel means a meter propelled or- aAifieially propelled vehiele and evei-7y other deser-ipfien of beat, water-eraft, bafge, and airbeat ether- than a seaplane on the used or- eapabl-e of being .. a ,meaws A--ftr.spei4a4i, ill the Wa4e. 641di.., ;e... 4 . shall have the same definition as found in Section 327.02(46), Fla. Stat., as may be amended, and is synonymous with boat and includes every description of watercraft, barge, and airboat, other than a seaplane on the water, used or capable of being used as a means of transportation on water. Section 5. See.146 33. Penalties. LaLAny owner, operator, or person in command of any vessel or aircraft or any other person who violates the -any provisions of this division Ordinance or fails to comply with the requirements of this division Ordinance shall be guiltytreated in the same manner as a [2 1 -IMP-00282/1634244/11 Page 5 of 25 8/21/2024 11:57 AM Packet Pg. 2078 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 misdemeanor of the second degree punishable by a fine not exceeding $500.00 or by imprisonment not to exceed 60 days, or by both such fine and imprisonment and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violationAn Rr- reVirements of this division by means of any Ewailable eivil remedy befer-e i to ,ode enf ,.eme t board o in a . tu4 ,.F,.,.mpetent ufisdietien (b) All violations of this Ordinance may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) per provisions of chapter 162, pts. I or II, Fla. Stat., as may be applicable. (c) Civil violation and infraction penalty and fine amounts shall be in accordance with those set or published by the Collier County Clerk of Courts. Section 6. See. 146 57.. Enforcement. (a) The provisions of this division Ordinance shall be enforced by any member of any duly authorized law enforcement agency or officers having enforcement jurisdiction in Collier County, Florida, including code enforcement officers. Civil citations may be used to notify the defendant of allegations of violations of this &visienOrdinance. (b) Area of enforcement. The area of enforcement of the provisions of this section shall be all waters, creeks, bayous, canals and channels whether natural or manmade located within unincorporated Collier County. ARTICLE II. VESSEL CONTROLSee. 146 60.1. 51...,.E title. Section 1. Seems-1. Vessel registration fee. (a) Imposition. Those vessels stored or operated within the jurisdiction of the county which are required by law to be registered with the state shall be subject to a county vessel registration fee which shall be in the amount of 50 percent of the currently applicable state registration certificate fee, and will be added to the current state fee_, afidwill be as `elle si (1) Class A 1, less than 12 feet in length, and all eanees to w-hieh pr-epulsion metefs have bee attaened, fegafdleSS Of lleffgtl' ...�5 (?) Class A 2, 12fie€torte€ and less than 16 feet inlength..... 5.25 [2 1 -IMP-00282/1634244/11 Page 6 of 25 8/21/2024 11:57 AM Packet Pg. 2079 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 The county vessel registration fees shall be and reflect 50 percent of the state vessel registration fees as set forth in �.��--,'_7.25 Section 328.72(1), Fla. Stat., Vessel Reeistration Fee, and as it may be amended hereafter. (b) Collection of fees. The county vessel registration fee shall be collected by the tax collector at the time of state vessel registration beginning on Ttine ' 1992. (c) Payment/schedule. The tax collector shall be paid a collection fee, in accordance with-F-.S. *-section 192.091, Fla. Stat., Commissions of Property Appraisers and Tax Collectors, and this seetion •..high pfevidesF � as it may be amended hereafter. (2) Five per-eent on the next ec nnn nn ,.F,.,.,,,,ty vessel registration fees eolleete . (3) Three pereent , eounty vessel registration fees eell .eted : exeess of c i n nnn nn (d) e flee . fie and ,,.,,.ends..,,.,. Distribution of fees. As -Dollar amounts required by F.". 327.22section 328.72(15), Fla. Stat., the 0 of every vessel registration fee imposec� her-eu der shall be remitted to the state for deposit in the MAtAr hAat revolving trust fun fer expenditufe solely on aefivities relating to the presen,ation of manatees. All other funds (after payment to the tax collector and the motor boat revolving trust fund) shall be expended for the patrol, regulation, and maintenance of the lakes, rivers, or waters and for other boating -related activities in the eCounty. See. 146 2. Safety permits fOF vessels Geneirally. __.Dist_. _____. _ the individualwhose name is identified in the vessel __a ,.4:me. [2 1 -IMP-00282/1634244/11 Page 7 of 25 8/21/2024 11:57 AM Packet Pg. 2080 17.C.c 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 The registered owner of the eemmereial mulletvessel must make wfitten applieation to the [2 1 -IMP-00282/1634244/11 Page 8 of 25 8/21/2024 11:57 AM Packet Pg. 2081 17.C.c 4 5 eefamer-eial mtillet vessel withetA a safety pefmit shall be ineligible to apply faf er- obtai 6 a penait for , fill year f. 4h .late ..f ......yietion 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 2. C^�8. Vessel regulation. (a) Idle Speed, No Wake Boating -Restricted Areas. The County may enact Boating -Restricted Areas by Ordinance to establish Idle Speed, No Wake Boating -Restricted Areas, in accordance with section 327.46, Fla. Stat., as may be amended. (D(a) Opefation in exeess of idle speed. The operation ef any vessel, er saileraft, in exeess hp,neIiog .. agems he feby prohibited. Said prohibition shall be oFF etiye ..«,7 12 tThe operation of any vessel in excess of ildle sSpeed, No Wake, as defined herein, in or on any waters specified abev€as an Idle Speed, No Wake Boating -Restricted Area is hereby prohibited and is a violation of this Ordinance. Said prohibition is effective and enforceable provided the "~e - - Idle Speed, No Wake Boating -Restricted Area is designated by regulatory marker, signage, buoy, or any other notice of the "idle speed tea; ems. The locations of aM and all such notices (including informational signage) shall be placed at the discretion of4he eCounty staffs and shall not be subject to the Land Development Code. _All such notices posted by the c-County are official notices of the eCounty. Provided the restricted area is posted as an "'—idle speed'=anEt"Idle Sneed, No Wake Boating -Restricted Area, it is no defense to a violation of this division Ordinance to allege that the person issued a notice of violation of this [2 1 -IMP-00282/1634244/11 Page 9 of 25 8/21/2024 11:57 AM Packet Pg. 2082 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 division Ordinance did not observe posted notice of the "idle speed" and/of "..o 32 No person shall operate a vessel in any area designated and posted as an e€fieial idle speed zefte -Idle Speed, No Wake Boating -Restricted Area at a speed greater than ildle sSpeed, No Wake. Any vessel operating in an Idle Speed, No Wake Boating -Restricted Area must operate at the minimum speed that allows the vessel to maintain headway and steerageway. 43 The following areas are designated as idle speed zones Idle Speed, No Wake Boating -Restricted Areas: a. Within 500 feet of any boat ramp, hoist, marine railway, or other launching or landingfacility available for use by the general boating public on waterway more than 300 feet in width or within 300 feet of any boat ramp, hoist, marine railway, or other launching or landingfacility acility available for use by the general boating public on waterways not exceeding 300 feet in width. b. Within 500 feet of fuel pumps or dispensers at any marine fueling facility that sells motor fuel to the general boating public on waterways more than 300 feet in width or within 300 feet of the fuel pumps or dispensers at any licensed terminal facility that sells motor fuel to the general boatingpublic on waterway not exceeding 300 feet in width. c. Inside or within 300 feet of any lock structure. (54) Idle Speed, No Wake Boating -Restricted Areas. The County hereby adopts and designates the respective areas depicted on Exhibit "A" as Idle Speed, No Wake Boating -Restricted Areas. (b) Slow Speed, Minimum Wake Boating -Restricted Areas. The County may enact Boating - Restricted Areas by Ordinance to establish Slow Speed, Minimum Wake Boating - Restricted Areas, in accordance with section 327.46, Fla. Star., as may be amended. (1) No person shall operate a vessel in any area designated and posted as an-e€fteial :ate Slow Speed, Minimum Wake Boating -Restricted Area at a speed greater than -idle -speed Slow Speed. Minimum Wake. Any vessel operating in a Slow Sneed. Minimum Wake Boating -Restricted Area must overate fullv off plane and completely settled in the water. The vessel's wake must not be excessive nor create a hazard to other vessels. (2) The following are designated as idle speed zones Slow Speed, Minimum Wake Boating -Restricted Areas: a. Within 300 feet of any bridge fender system. [2 1 -IMP-00282/1634244/11 rage 10 of 25 8/21/2024 11:57 AM Packet Pg. 2083 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 b. Within 300 feet of any bridge span presenting a vertical clearance of less than 25 feet or a horizontal clearance of less than 100 feet. c. On a creek, stream, canal, or similar linear waterway if the waterway is less than 75 feet in width from shoreline to shoreline. d. On a lake or pond of less than 10 acres in total surface area. (3) Slow Speed, Minimum Wake Boating -Restricted Areas. The Count, hereby adopts and designates the respective areas depicted on Exhibit "B" as Slow Speed, Minimum Wake Boating -Restricted Areas. (c) Vessel -Exclusion Zones. The County may enact Vessel -Exclusion Zones by Ordinance where the area is designated as a public bathing beach or swim area, or a canoe trail or area otherwise limited to non -motorized vessels, in accordance with Section 327.46, Fla. Stat., as may be amended. (g) Reguh4ed-areas-(1LNo person shall operate a motorized vessel or sailcraft within are Vessel -Exclusion Zoneafe w-hi h has been eleafly .narked by 1., eys r-estrieted by the eounly, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. (2) Vessel -Exclusion Zones. The County hereby adopts and designates the respective areas depicted on Exhibit "C" as Vessel -Exclusion Zones. (OWL3et- k Personal watercraft regulation. No person shall operate personal watercraftajet-sk4: (1) Within Vessel -Exclusion Zones; in excess of Idle Speed, No Wake in Idle Speed, No Wake Boating -Restricted Areas; or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake Boating -Restricted Areas. (2) In an unsafe, reckless or careless manner endangering the life, limb, or property of any person. 750 feet from the shore may be designated as being exelusively for vessel use [2 1 -IMP-00282/1634244/11 Page 11 of 25 8/21/2024 11:57 AM Packet Pg. 2084 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 See. ' ^. (e) Careful and prudent operation required. Every person operating or navigating any vessel in, on or under any waters within the unincorporated areas of Collier County shall do so in a careful and prudent manner, taking into consideration the weathe eendifiens and range of visibility, water- tafbelenee, pr-exifnifies to environmental conditions, water skiers and other boats and watercraft and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a boat in such a careful and prudent manner shall constitute careless boating and a violation of this dvisio Ordinance. (f1 Official government business. Except during an emergency or operation by an official of the government while engaged in official business, the operation of any vessel shall conform to this Ordinance, as well as federal, state, and local law. See. 146-60.6. (g) Speed not to be greater than what is reasonable under the conditions. [2 1 -IMP-00282/1634244/11 Page 12 of 25 8/21/2024 11:57 AM Packet Pg. 2085 17.C.c I _Nothing contained in this division Ordinance shall be construed to authorize or approve any speed 2 greater than is reasonable and proper in consideration of local conditions, other water 3 traffic, persons swimming or fishing in the area, or other hazards. 4 5 (ih) 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 [2 1 -IMP-00282/1634244/11 Page 13 of 25 8/21/2024 11:57 AM Packet Pg. 2086 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Pass, as speeifiv- o 0 0 0 0 o o 0 0 [2 1 -IMP-00282/1634244/11 Page 14 of 25 8/21/2024 11:57 AM Packet Pg. 2087 17.C.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 [2 1 -IMP-00282/1634244/11 Page 15 of 25 8/21/2024 11:57 AM Packet Pg. 2088 17.C.c 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 - - -57 Som 146 58 146 60 n......__...a Commented [DP4]: Section of code to be partially repealed (97-10, 99-54) but partially allowed to remaii Keewaydin (96-16, 96-75). [2 1 -IMP-00282/1634244/11 Page 16 of 25 8/21/2024 11:57 AM Packet Pg. 2089 17.C.c ARTICLE III. BEACH AND WATER SAFETY AND VESSEL CONTROL DIVISION 1. GENERALL 6 This division shall be known and be eited as the "Cellief County Beaeh and Watef Safety and 7 Vessel Contwl Ordinance." 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Section 1. See. 146 37. Regulation of use and conduct on the beach. (a) Possession of glass containers prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container. (b) Restrictions on animals on beach. It shall be unlawful for any person owning or have under his control any animal, to permit such animal upon the beach, except guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons shall be allowed on the beach at all times. (c) Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful for any person to have an open fire on the beach. Said prohibition shall not include a stove or grill where so designated and posted by the eCounty pParks and r-Recreation depa4mentDivisienDepartment. It shall be unlawful for any person to dispose of any coals, briquets, embers or other heated object from any stove or grill at the beach in other than a county designated receptacle. (d) Overnight camping prohibited. It shall be unlawful to camp overnight on the beach e, xcept for recreational purposes on property designated for such purposes. (e) Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any sort on the part of any law enforcement officer or county employee to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico. (f) Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area after having been warned by any law enforcement officer that such activity interferes with or endangers the movement of pedestrian traffic or public safety. (g) Swimming. No person, except a person actually engaged in a rescue attempt, shall: (1) Swim or bathe within 150 feet measured in any direction from a pier or jetty; or [2 1 -IMP-00282/1634244/11 Page 17 of 25 8/21/2024 11:57 AM Packet Pg. 2090 17.C.c (2) Swim or bathe in any area posted exclusively for vessel and/or sailcraft use. 2 3 (h) Use of rafts, floats, and other flotation devices. No person shall use any raft, float, body 4 board, or other flotation device of any description, except for a vessel or sailcraft, more 5 than 500 feet from the water's edge. 6 7 (i) Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or 8 sailcraft of any description, whether motorized or not, surf or otherwise use any other 9 equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or 10 any chemical substance as set forth in-F-.S-+ section 877.111, Fla. Stat. or any substance 11 controlled under Bch-. ter 893, Fla. Stat. to the extent that the person's normal faculties 12 are impaired. 13 14 (j) Use of aircraft on beach or from or over specified saltwater area prohibited. No person 15 shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or "ultralight 16 vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph 103.1, on or 17 from the beach or adjoining water within 500 feet of the water's edge. In the area west of a 18 southerly projection of a north/south line that bisects the intersection of County Road 92 19 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person shall operate any 20 ultralight (including ultralight trainers and ultralight vehicles) from, on or over any 21 saltwater except at a horizontal distance greater than 500 feet seaward from the nearest 22 shoreline of the mainland or nearest shoreline of the nearest island, whichever is the most 23 restrictive reference point. 24 25 (k) Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of the 26 public on the beach: 27 28 (1) By other than licensed concessionaires of goods and services for use or 29 consumption on the beach. No person other than a licensed concessionaire shall 30 solicit or canvass for the sale or rental of merchandise, services, goods, or property 31 of any kind or character intended for use or consumption on the beach. 32 33 (2) By licensed concessionaires. No licensed concessionaire shall solicit or canvass for 34 the sale or rental of any merchandise, services, goods or property of any kind or 35 character except ftom within or within ten feet of his licensed premises or vehicle. 36 37 (3) By any person of goods and services for use or consumption off the beach. No 38 person shall solicit or canvass for the sale or rental of any merchandise, services, 39 goods or property of any kind or character to be delivered or performed off the 40 beach. 41 [2 1 -IMP-00282/1634244/11 Page 18 of 25 8/21/2024 11:57 AM Packet Pg. 2091 17.C.c 1 (1) 2 3 4 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 Sound amplification. No audio device, such as loudspeakers, television, radio, compact disc, tape, or record player, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach in a manner that: (1) Exceeds a noise level of 60 decibels (dBA) meastir-ed en the A weighted sea! 25 feet from the setind sets feein compliance with the Collier County Noise Control Ordinance No. 90-17, as amended; or (2) Otherwise violates the Collier Coun , Noise Control Ordinance No. 90-17, as amended. (m) Breach of the peace; disorderly conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct. (n) Removal of beach sand. No beach sand may be removed from the beach. (o) Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or ashes, or any other litter, except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach. See. 19 50. (p) Trespass: —any where— t airport; s€ettred—areas construction, restoration, and/or renourishment projects or construction sites. (la) It shall be a separate violation of this article for any individual to refuse to immediately and completely obey an oral order (instruction) to leave4he-airpe t a beach area undergoing construction, restoration, and/or renourishment, or to move his/her person to some other area of the-airpeA beach, if the order (instruction) is personally communicated to the individual by the A i fpe.4 Manager-, o~ if thA if a'A Manager- is of fl n Fi~a available, by any employee, contractor, vendor, or other official who at such time and place has authority to issue such an instruction. (2b) It is a separate violation of this article for any individual to commit a trespass into (or within) any secure area of a" Collier Count` Ai T.e# a beach area undergoing construction, restoration, and/or renourishment, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Faeh t1eh F.S. § 901.15(15). The Collier C,....g4y n;,.. ei4 n..ther-ity4 Collier County Parks [2 1 -IMP-00282/1634244/11 Page 19 of 25 8/21/2024 11:57 AM Packet Pg. 2092 17.C.c and Recreation Division or Coastal Management Program Division are each hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this article irrespective of application of any—Aifpert Authefi County rule or regulation. (p-q) Key Island (also known as Keewaydin Island). 8 9 (1) Prohibited Activities: 10 11 a. Hunting, harassing, possessing or trapping wildlife. 12 b. Use of animal trapping or concealment devices. 13 c. Admission of unleashed domestic animals, except those assistingthe 14 handie #pedADA Service Animals. 15 d. Transplantation or removal of any plant or animal, or parts of plants or animals 16 (living or dead), except as provided herein. 17 e. Removal, disturbance, pollution or destruction of property, or natural or cultural 18 resources. 19 f. Solicitation or distribution of commercial materials and advertising of any 20 commercial event, other than Department materials or announcements of 21 Department -sponsored or sanctioned events and gatherings. 22 g. Possession of glass containers prohibited. It shall be unlawful for any person 23 while on the beach or beach access areas to possess or utilize any glass bottle 24 or container. 25 26 (2) Limited Activities: 27 28 a. Hiking, horseback riding, and bicycle riding shall be restricted to trails or roads 29 specifically designated for those activities. 30 b. Recreational Ccamping may be conducted only ifron property designated 31 areasfor such purposes. 32 c. Fires are allowed only in designated areas. 33 d. Visitors shall be responsible for the proper disposal of all wastewater, refuse 34 and trash, by placing it in designated containers, if provided, or removed to an 35 off -site disposal facility or receptacle. 36 e. Vehicles are allowed only in areas designated as public access roads. 37 f. Motor vehicle or vessel operation in water bodies, wetlands, or low lying areas 38 located inside the boundaries of the Buffer Preserves is allowed only where 39 designated for such use with signs. 40 41 Section 2. See. 146 3T Concession operations, equipment rentals and vendors on the beach 42 and adjoining waters. 43 [2 1 -IMP-00282/1634244/11 Page 20 of 25 8/21/2024 11:57 AM Packet Pg. 2093 17.C.c I The safety and welfare of the persons that reside nearby the c-County's beach areas and of the public 2 that recreate on the beach and adjoining waters makes necessary and appropriate the following 3 regulations: 4 5 (a4) Beach vendor permit requirement. Any person or entity to be engaged in the sale of goods, 6 services, rental, leasing, bailment for nsideratio or otherwise providing transpertatier� 7 recreational equipment for remuneration, including any motorized or wind -driven vessel 8 for use by the public on the beach or adjoining waters of the eCounty, :reI. 9 , shall be required to obtain a beach vendor 10 permit/license from the eCounty. A beach vendor permit/license shall issue and be 11 maintained upon the applicant paying such application fee therefor as established from 12 time -to -time by the eCounty by Resolution. The applicant must meet the following 13 requirements: 14 15 (a.!) The applicant must have an operations office or headquarters located at a land- 16 based location in an area immediately adjacent to where the permitted/licensed 17 activities are to be provided for public use. The office/headquarters must be located 18 only on land that is immediately seaward of the upland owner's main building 19 adjacent to that adjoining beach. The land -based operations/activities must be 20 conducted wholly within the geographic confines of the two seaward projections of 21 the north/south property lines of the upland parcel, and the office/headquarters must 22 have direct physical access to the beach and salt water. In the event the 23 permittee/licensee has its authorization to occupy the upland headquarters area 24 terminated or otherwise cancelled by the upland landowner or from whatever other 25 person or entity authorized that permittee/licensee to occupy that upland area, loss 26 of right of that upland occupancy shall thereby automatically void the then existing 27 Collier County beach vendor's permit/license for that area. 28 29 (b.Q The applicant must have and maintain a telephone and marine radio at its land- 30 based operations office. 31 32 (E31 If Tthe applicant is engaged in the rental of motorized or windblown equipment, or 33 other vessel rentals, the applicant must have a motorized chase boat with 34 operational marine radio in good running condition that meets all U.S. Coast Guard 35 safety requirements. That boat must be kept at the vessel rental site during all hours 36 of applicant's rental operations. 37 38 (d 4� The applicant must have and maintain comprehensive general liability insurance 39 with coverage not less than the amount of $500,000.00 combined single limits or 40 the amount specified in the County contract, whichever is rg eater. 41 42 (e:51 The applicant shall provide a list describing and indicating the state vessel 43 registration number of each motorized vessel applicant places in service. Each [2 1 -IMP-00282/1634244/11 rage 21 of 25 8/21/2024 11:57 AM Packet Pg. 2094 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 motorized vessel placed in service for public use under a Collier County beach vendor's permit/license shall have a state vessel registration number affixed thereon at all times. (€0 The applicant shall provide at least one operational life vest for each occupant space on each of the vessels to be offered for public use under this section. (gD The applicant must provide a site plan for the beach operation that includes the operation's boundaries on the beach and the ingress and egress points to that operation. No operation boundary shall extend into any pedestrian pathway. (li-B) The applicant is required to obtain a eCounty occupational license for its operations office required under this section. To obtain an occupational license, the applicant must provide proof of having a current, valid beach vendor's permit. Revocation of the occupational license shall automatically void the respective beach vendor permit/license. (�2) If a permit/license holder violates any condition of the beach vendor permit/license during any permit/license year and is notified by the eCounty in writing of the violation, the director of parks and recreation is authorized to impose conditions on the subsequent annual beach vendor's permit/license (a probationary permit/license), including issuing a month -to -month permit/license that shall be summarily voidable for any similar or dissimilar violation of any of the permit/license condition(s). (2h) Beach vendor permittee, vessel user regulations/general regulations. (a-Q Operator age restrictions applicable to operation of all vessels with ten horsepower or greater. As required by Subsection 327.395, Florida. Statutes, „,.til Oet,.be , , 24", the rental to or operation of a motorized vessel powered by a motor of ten horsepower or greater is prohibited by a metef of to horsepower or greater is pFehibited to anyone ,.om ..Ft.,« September 30 1990, and o or ..4er ll..t. ber , 200per-son 71year-s of ago or yotmgffjg-anyone born after January 1, 1988, unless that person has in his/her possession aboard the vessel photographic identification and a boater safety identification card issued pursuant to Subsection 327.395, Flerida. Statutes. A person is exempt from this provision if they are accompanied in the vessel by a person who holds an identification card in compliance with this section, is 18 years of age or older, and is attendingto o the operation of the vessel and responsible for the sage operation of the vessel and for any violation that occurs during operation of the vessel., e ,...,a...,.«..,. t 1,...,.t eitheF exempt from the Fequimments of Subsection ' Florida Statutes, or- has .,lid boater a fi ty :dentifie ,1 tier «issued w to that ..1...eetion [2 1 -IMP-00282/1634244/11 Page 22 of 25 8/21/2024 11:57 AM Packet Pg. 2095 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (b-.21 The renter, user, passenger of or on any vessel described in this section shall have on board an operational life vest while using or having such vessel in the water; and it is a violation of this section for any such person using such vessel not to have a life vest on board. jE31 Pre -ride safety instructions. Each livery must also provide pre -ride boater safety instruction and safety information to each person who rents a vessel powered by a motor rated at ten horsepower or greater. (d4) Display of rental i-personal watercraft speed limit information. Each rental personal watercraft ' ' must conspicuously display the special speed limit instructions that apply within all the respective distances from the shore. The speed instructions must be easily visible to the operator of the rental jet ski when the operator is in the operating position on the personal watercraftiet ski. (e:51 Mufflers on rental personal watercraft . Each rental personal watercraft jet ski -must always operate with stock mufflers or with mufflers that are quieter than stock mufflers. j€0 Each renter of a personal watercraft _4-�must read and initial that he/she understands the speed and operation restrictions placed upon operation of personal watercraft ci�by this section and/or by Chapter 327, Florida_ Statates. jg-7j Rental personal watercraft ' identification markings. Each rental Personal watercraft ' must display identifying letters and/or numbers that identify the specific personal watercraft' Each identification number and/or letter, trademark, logo, and/or company name must be at least four inches in height and must contraset with its background color so as to be easily visible at a distance of 250 feet by a person with 20/20 vision. �Ir8) No person shall operate personal watercraft within a Vessel -Exclusion Zone, in excess of Idle Speed, No Wake in Idle Speed, No Wake Boating -Restricted Areas, or in excess of Slow Speed, Minimum Wake in Slow Speed, Minimum Wake Boating -Restricted Areas. within 500 feet of the shore is the slowest speed at w-hieh the operator e—an [2 1 -IMP-00282/1634244/11 Page 23 of 25 8/21/2024 11:57 AM Packet Pg. 2096 17.C.c 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 (}2) Safe operation of personal watercraft . All personal watercraft -et�must be operated in a reasonable and prudent manner at all times. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property, including weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such vessel or when visibility around such vessel is obstructed, or the vessel is operated in a manner that required intentional swerving at the last moment to avoid collision, constitute reckless operation. Personal watercraft jet skis -are not limited to vessels that have one or two occupants. The provisions of this division shall be enfefeed by membefs of any duly auffiefized law SECTION THREE: Conflict and Severability. In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION FOUR: Inclusion in the Code of Laws and Ordinances. The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of this Ordinance may be renumbered or re - lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION FIVE: Effective Date. This Ordinance shall be effective upon filing with the Florida Department of State but also shall not take effect until the Fish and Wildlife Conservation Commission has reviewed the ordinance and determined by substantial competent evidence that the ordinance is necessary to protect public safely pursuant to section 327.46, Florida Statutes.. [2 1 -IMP-00282/1634244/11 Page 24 of 25 8/21/2024 11:57 AM Packet Pg. 2097 17.C.c 3 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 4 County, Florida, this 2-3f&1Oth day of 3u y-September 2024. 5 6 7 ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. KINZEL, CLERK COLLIER COUNTY, FLORIDA By: By: Deputy Clerk Chris Hall, Chairman Approved as to form and legality: Derek D. Perry Assistant County Attorney 8 Attachments: 9 10 Exhibit "A" — Idle Speed, No Wake Boating -Restricted Areas 11 Exhibit `B" — Slow Speed, Minimum Wake Boating -Restricted Areas 12 Exhibit "C" — Vessel -Exclusion Zones [2 1 -IMP-00282/1634244/11 Page 25 of 25 8/21/2024 11:57 AM Packet Pg. 2098 17.C.d Business Impact Estimate This form should be included in the agenda packet for the item under which the proposed ordinance is to be considered and must be posted on the County's website by the time notice of the proposed ordinance is published. Published on County website by: August 26, 2024 Proposed ordinance's Short Title: CONSOLIDATED WATERWAYS AND BEACHES ORDINANCE This Business Impact Estimate is provided in accordance with section 125.66(3), Florida Statutes. If one or more boxes are checked below, this means the County is of the view that a business impact estimate is not required by state law' for the proposed ordinance, but the County is, nevertheless, providing this Business Impact Estimate as a courtesy and to avoid any procedural issues that could impact the enactment of the proposed ordinance. This Business Impact Estimate may be revised following its initial posting. ❑x The proposed ordinance is required for compliance with Federal or State law or regulation; ❑ The proposed ordinance relates to the issuance or refinancing of debt; ❑ The proposed ordinance relates to the adoption of budgets or budget amendments, including revenue sources necessary to fund the budget; ❑ The proposed ordinance is required to implement a contract or an agreement, including, but not limited to, any Federal, State, local, or private grant or other financial assistance accepted by the county government; ❑ The proposed ordinance is an emergency ordinance; ❑ The ordinance relates to procurement; or ❑ The proposed ordinance is enacted to implement the following: a. Development orders and development permits, as those terms are defined in Section 163.3164, and development agreements, as authorized by the Florida Local Government Development Agreement Act under Sections 163-3220- 163.3243; b. Comprehensive Plan amendments and land development regulation amendments initiated by application by a private party other than Collier County; c. Sections 190.005 and 190.046, Florida Statutes, regarding community development districts; d. Section 553.73, Florida Statutes, relating to the Florida Building Code; or e. Section 633.202, Florida Statutes, relating to the Florida Fire Prevention Code. 1 See Section 125.66(3)(c), Florida Statutes. 0 th aD M U m Packet Pg. 2099 17.C.d In accordance with the provisions of controlling law, even notwithstanding the fact that an exemption noted above may apply, the County hereby publishes the following information: 1. Summary of the proposed ordinance (must include a statement of the public purpose, such as serving the public health, safety, morals and welfare): This ordinance updates the previously adopted waterways and beaches ordinances to be in compliance with Florida Statutes as they pertain to the operation of vessels within Collier County waterways. The overall intent of the ordinance is to regulate vessel speeds within areas where higher speeds can present hazards to other vessels or the general public. Chapter 2009-86, Laws of Florida, created a framework for Counties to establish such boating -restricted areas, including Idle Speed, No Wake and Slow Speed, Minimum Wake zones. Although the County's existing zones and their signs were grandfathered, since, many waterway signs have been damaged or destroyed by hurricanes, natural wear and tear, and accidents. Replacing these waterway signs requires permits from the State, and the State will not issue such permits unless the County implements an ordinance pursuant to the statutory framework found in Section 327.46, Florida Statutes. In addition to following the statutory framework of s. 327.46, F.S. to establish boating -restricted areas, this ordinance changes vessel registration dollar amounts to those of state statute, eliminates unnecessary and outdated regulations, and consolidates the County's waterway and beach regulations. 2. An estimate of the direct economic impact of the proposed ordinance on private, for - profit businesses in the County, if any: (a) An estimate of direct compliance costs that businesses may reasonably incur; No direct compliance costs will be incurred by County businesses or residents. Some perceived inconveniences may result from restrictions to boating speeds at certain locations. (b) Any new charge or fee imposed by the proposed ordinance or for which businesses will be financially responsible; No new charges or fees are imposed. The ordinance eliminates an outdated fee schedule for vessel registration in favor of a simple reference to Florida Statutes. The previous County law already adopted current statutory fees, but also published the specific dollar amounts at the time of adoption. Thus, no fees are new. 2 0 N m Packet Pg. 2100 (c) An estimate of the County's regulatory costs, including estimated revenues from any new charges or fees to cover such costs. The County's regulatory costs will be that of existing staff time of the County's Coastal Management Program employees and the costs associated with making application and the physical replacement of damaged or destroyed markers. There is an estimated 80 number of such markers at the estimated cost of $800 per sign. 3. Good faith estimate of the number of businesses likely to be impacted by the proposed ordinance: There are approximately 100 charter boat captains operating in Collier County, as well as a dozen boat rental businesses that will be impacted by way of having their vessel speeds regulated. 4. Additional information the governing body deems useful (if any): [You may wish to include in this section the methodology or data used to prepare the Business Impact Estimate. For example: County staff solicited comments from businesses in the County as to the potential impact of the proposed ordinance by contacting the chamber of commerce, social media posting, direct mail or direct email, posting on County website, public workshop, etc. You may also wish to include efforts made to reduce the potential fiscal impact on businesses. You may also wish to state here that the proposed ordinance is a generally applicable ordinance that applies to all persons similarly situated (individuals as well as businesses) and, therefore, the proposed ordinance does not affect only businesses.] This ordinance was vetted and approved by the Florida Fish and Wildlife Conservation Commission (FWC), pursuant to s. 327.46, F.S., for statutory and administrative compliance, for Collier County to adopt. 3 O N aD aD CO Packet Pg. 2101 17.C.e NOTICE OF PUBLIC HEARING NOTICE OF INTENT TO CONSIDER AN ORDINANCE Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners commencing at 9:00 a.m. on September 10, 2024, in the Board of County Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 Tamiami Trail East, Naples, FL, To Consider: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, PROVIDING FOR THE REPEAL, CONSOLIDATION, AND SUPERSESSION OF EXISTING ORDINANCES RELATING TO THE REGULATION OF AND CONDUCT ON WATERWAYS AND BEACHES, AS SPECIFIED HEREIN, INTO THIS SINGLE ORDINANCE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection. All interested parties are invited to attend and be heard. All persons wishing to speak on any agenda item must register with the County Manager prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of 7 days prior to the public hearing. All materials used in presentations before the Board will become a permanent part of the record. As part of an ongoing initiative to encourage public involvement, the public will have the opportunity to provide public comments remotely, as well as in person, during this proceeding. Individuals who would like to participate remotely should register through the link provided within the specific event/meeting entry on the Calendar of Events on the County website at www.colliercouno.gov/our-county/visitors/calendar-of-events after the agenda is posted on the County website. Registration should be done in advance of the public meeting or any deadline specified within the public meeting notice. Individuals who register will receive an email in advance of the public hearing detailing how they can participate remotely in this meeting. Remote participation is provided as a courtesy and is at the user's risk. The County is not responsible for technical issues. For additional information about the meeting, please call Geoffrey Willig at 252-8369 or email to Geoffrey.Willigga,colliercountyfl.gov. Any person who decides to appeal any decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. If you are a person with a disability who needs any accommodation in order to participate in this proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL 34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the hearing impaired are available in the Board of County Commissioners Office. BOARD OF COUNTY COMMISSIONERS Consolidated COLLIER COUNTY, FLORIDA Waterways and Beaches CHRIS HALL, CHAIRMAN Ordinance — BCC 09/10/24 BCC Publication Date: 0812612024 Expiration Date: 09/12/2024 N oti ces. Co I l i e rC le rk. co m 17.C.e CRYSTAL K. Kl NZEL, CLERK By: Sara Morales, Deputy Clerk (SEAL) Packet Pg. 2103