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Resolution 1996-569 9 B RESOLUTION NO. 96- 569 A RESOLUTION APPROVING A PROPOSED SPECIAL ACT AMENDING SECTIONS 1, 2 AND 3 OF CHAPTER 89-449, LAWS OF FLORIDA, TO EMPOWER COUNTY PARX ENFORCEMENT OFFICERS TO ISSUE CITATIONS TO ENFORCE ANY COUNTY ORDINANCE WITHIN THE BOUNDARIES OF AN COLLIER COUNTY PARX, COLLIER COUNTY OPERATED PARXING FACILITIES, PUBLIC BEACHES, BEACH ACCESS AREAS LOCATED IKllEDIATELY ADJACENT TO ANY COLLIER COUNTY PARX AND PUBLIC AREAS IMMEDIATELY ADJACENT TO COUNTY PARXS; AKEHDING SECTION 4 OF CHAPTER 89-449, LAWS OF FLORIDA, TO PERMIT THE VIOLATOR TO PAY THE APPROPRIATE FINES AS PRESCRIBED BY COUNTY ORDINANCE WITHOUT A MANDATORY COURT APPEARANCE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of County Commis.ioners of Collier County, Florida, deems it appropriate to amend Sections 1, 2 and 3 of Chapter 89-449, Laws of Florida, to empower county park enforcement officers to issue citations to enforce any county ordinance within the boundaries of any Collier County park, Collier County operated parking facilities, public beaches, beach access areas located immediately adjacent to any Collier County park and public areas immediately adjacent to county parks; and WHEREAS, the Board of County Commissioners of Collier County, Florida, deems it appropriate and in the economic interest of the County Court System to amend Section 4 of Chapter 89-449, Laws of Florida, to permit the violator to pay the appropriate fines as prescribed by county ordinance without a mandatory court appearance. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1) The proposed Special Act attached hereto as Exhibit "A" and incorporated herein is hereby approved. 2) The Staff is hereby directed to send the attached proposed special Act to the Legislative Delegation for consideration during the 1997 Legislative Session. This Resolution adopted this ~day of eJ..// ~'A / .1996, after motion, second and majority vote. ',f" ATTEST:: DWIGHT E; BROCK, CLERK ./ BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA /) /' ~/; /~ ---,. ,/. BY:. fi-CU:( ?'>/~-c.....-- " 3 C. NORRIS . A proved ..s to form and ~S~ttia~~ ~iro Ma~ - Chi.f A..istant Countv Attornev 9 B 1 A bill to be entitled 2 An act applying to Collier County, Florida; 3 amending Sections l, 2, and 3, Chapter 89-449, 4 Laws of Florida, to emp~wer county park 5 enforcement officers tn issue citations to 6 enforce any county ordinance within the 7 boundaries of any Collier County park, Collier 8 County operated parking facilities, public 9 beaches, beach access areas located lO immediately adjacent to any Collier County 11 park and public areas immediately adjacent to 12 county parks; amending Section 4, Chapter 89- 13 449, Laws of Florida, to permit the violator 14 to pay the appropriate fines as prescribed by l5 county ordinance without a mandatory court 16 appearance; providing an effective date. l? 18 Be It Enacted by the Legislature of the State of Florida: 19 20 Section l. Section 1 of Chapter 89-449, Laws of Florida, is 21 amended to read: 22 Section l. Legislative intent. - It is the intent of 23 the Legislature to authorize the Board of County Commissioners 24 of Collier County to designate employees of the Collier County 25 Department of Parks and Recreation as county park enforcement 26 officers. It is declared as a matter of legislative intent 27 that county park enforcement officers be empowered to issue 28 citations to enforce any county ordinance duly enacted by the 29 board of county commissioners to regulate acts within the 30 county parks, public beaches, beach access areas adiacent to 3l county parks, County operated parkinq facilities, and public 32 areas directly adjacent to county parks; to protect sea turtles 33 1 Words underlined are added; words 8'~lIelE lhre~lJ~ are deleted. 9 B 1 and prohibit the operation of motor vehicles in, on, or across 2 the beaches of Collier County in order to promote, protect, and 3 enhance the health, safety, and welfare of the citizens of 4 Collier County. 5 Section 2. Section 2 of Chapter 89-449, Laws of Florida is 6 hereby amended to read as follows: 7 Section 2. Jurisdiction. - Any person designated by the board 8 of county commissioners as a county park enforcement officer 9 (park ranger) is hereby authorized to issue citations within lO the boundaries of any Collier County park, public beaches, 11 beach access area ad1acent to county parks, County operated l2 parking facilities, and public areas directly ad1acent to 13 county parks for violations of any Collier County ordinances, l4 duly enacted by the board of county commissioners to regulate 15 acts within tRe eeun'e.y l!Iarhs these areas including, but not l6 limited to, those ordinances which regulate the use of the l7 parks and prohibit certain acts therein, provide for the l8 nesting and protection of sea turtles and prohibit the 19 operation of motor vehicles in, on, or across the beaches of 20 Collier County within county parks, when such violation is 2l witnessed by said officer. 22 Section 3. Section 3 of Chapter 89-449, Laws of Florida, is 23 hereby amended to read as follows: 24 Section 3. Powers and duties. _ 25 (l) The Board of County Commissioners of Collier County is 26 hereby authorized to designate employees of the Collier County 27 Department of Parks and Recreation as county park enforcement 28 officers (park rangers). It shall be the responsibility of 29 said board to determine by resolution the training and 30 qualifications of any employee so designated. Such designation 3l and training requirements shall be by resolution adopted at any 32 regular or special meeting of the board. 33 2 Words underlined are added; worda et!.rtlell tkf'8l:1g-k are deleted. 1 2 3 4 5 6 7 8 9 lO 11 l2 13 14 lS 16 l7 l8 19 20 2l 22 23 24 25 26 27 28 29 30 3l 32 33 .9 B (2) It shall be the duty of.any person designated as a county park enforcement officer (park ranger) to issue citations for any offenses which occur within a county park boundary, public beaches, county operated parking facilities, and public areas immediately ad1acent to county parks, and which are either prohibited by ordinance enacted by the Board of County Commissioners of Collier County or are specifically prohibited by this section. It shall be such an offense to: (al Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving or paving material, water line or other public utility or parts appurtenant thereof, signs, notices or placard whether temporary or permanent, monumentsf stakes, posts, or other boundary markers or other structures or equipment. facilities or park property or any appurtenances whatsoever, either real or personal. (b) Cut, break, mutilate, injure, disturb, sever from the ground or remove any growing thing, including, but not limited to, any plant, flower, flower bed, shrub, tree, growth or any branch, item, fruit or leaf thereof; or bring into or have in his possession in any county park any tool or instrument which could be used for the cutting thereof, or any garden or agricultural implements or tools which could be used for the removal thereof; or pile or maintain any material or debris of any kind against or upon the same or attach any rope, cable or other contrivance thereto; or set fire to any trees, shrubs, plants, flowers, grass, plant growth or living timber, or suffer any fire upon land to extend into park lands; or go upon any prohibited lawn, grass plot or planted area, except at such times and in such manner as the director of the parks and recreation department may designate. 3 Words underlined are added; words st~Yell U\1'8l:1gJrl are deleted. 1 2 3 4 5 6 7 8 9 lO II l2 l3 14 l5 l6 l7 l8 19 20 2l 22 23 24 25 26 27 28 29 30 3l 32 33 9 B (c) Throw, discharge, or otherwise place or cause to be placed in the waters of any fountain, pond, lake, stream, bay, or other body of water in or adjacent to any county park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters. (d) Carry, possess, or drink any alcoholic liquor in any park. (e) Enter or exit any park facility except at established entrance ways or exits, or at established times. (f) Attach any posters or directional signs to trees. (9) Cause or permit a dog or other domestic animal to enter any park facility_ (h) Build fires except in specified areas in county parks on cooking grills provided therein. (i) Drive any unauthorized vehicle on any area.within the park except the paved park roads or parking areas; or park an authorized vehicle in other than an established or designated parking area; or park any unauthorized vehicle in the county park area overnight. (j) Ride a bicycle on other than a paved vehicular road or path designated for that purpose; leave a bicycle in a place other than bicycle rack when such is provided, or leave a bicycle lying on the ground or paving or any place or position so as to present any obstruction to pedestrian or vehicular traffic. (k) Violate any rule for the use of the park which has been posted on any park sign in a particular park pursuant to approval by the board of county commissioners including rules and regulations posted on the grounds or buildings in said parks. (1) Possess, carry, or transport on or about their person any glass container in any eeaefi assess area county park. 4 Words underlined are added; words et~ueJ[ ~h~8~~h are deleted. 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 l5 l6 l7 l8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 9 B . (m) Injure, kill molest, collect, possess, or cause direct or indirect injury to any species of sea turtle, gopher tortoises, live sand dollars, shorebirds, birds of prey, live shells, and live sea stars or to interfere, destroy, or tamper in any way with the nesting of the sea turtle, birds of prey, qopher tortoises or shorebirds. (nJ Operate or cause to be operated a hand, animal, motor, or engine driven wheel, track or other vehicle or implement on, over or across any part of the sand dune, hill or ridge nearest the Gulf of Mexico, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach. Section 4. Section 4 of Chapter 89-449, Laws of Florida, is hereby amended to read as follows: Section 4. Enforcement. - A citation issued by a county park enforcement officer (park ranger) under the provisions of this act shall be in a form prescribed by the board of county commissioners. Such citations shall state the date and time of issuance, name and address of the person in violation, the date of the violation, description of the violation, the Collier County Ordinance and section violated, name of the citing county park enforcement officer (park ranger), and a date and time at which the violator shall appear in county court. The violator may elect a non-mandatory court appearance and pay the fine as prescribed by county ordinance. Section 5. This act shall take effect upon becoming a law_ 5 Words underlined are added; words StE'liSJ[ t)oj,E'Bl:tgh. are deleted.