Ordinance 2009-54
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C'<".( ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS(l~;
.(o.t (;; t;.,1J" OLLIER COUNTY, FLORIDA, AMENDING SECTION FIVE.'.
819917 ("PENALTIES") OF ORDINANCE NO. 2008-22, THE COLLIER '.'\', ,
COUNTY INTERSECTION SAFETY ORDINANCE, IN ORDER TO .
CREATE TIERED CIVIL FINES FOR INITIAL AND SUBSEQUENT
VIOLATIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, on April 22, 2008, the Board of County Commissioners adopted Ordinance
No. 2008-22, the Collier County Intersection Safety Ordinance, to facilitate the use of unmanned
cameras to encourage vehicle owners to obey traffic control devices and entrust their vehicles
only to responsible drivers; and
WHEREAS, the Board of County Commissioners desires to amend Section Five, entitled
"Penalties," of Ordinance 2008-22 so as to establish a tiered civil fine structure that reflects
initial and subsequent violations.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 2008-22.
Section Five is hereby amended to read as follows:
SECTION FIVE. PENAL TIES.
(a) Civil fine; costs. Each Section Three violation, above, issued pursuant to this Article
shall be a civil, noncriminal ordinance violation for which a one hundred twenty fi','e dollar
($125.00) civil fine in the amount of sixty-two and 5011 00 dollars ($62.50) shall be assessed
against the vehicle's owner for each violation the first violation, a civil fine in the amount
seventy-five dollars ($75.00) shall be assessed for the second violation within any five-year
period, and a one hundred dollar ($100.00) civil fine shall be assessed for the third and any
subsequent violation by the vehicle's owner within any five-year period. The civil fine must be
paid in full (be received by the County's Code Enforcement Department) not later than 21 days
after the vehicle owner's receipt of the Notice of Code Violation, unless the owner files an appeal
that is actually received by the County's Code Enforcement Department, not later then 21 days
after the vehicle owner's receipt of such notice. The $125.00 civil fine~ may be amended by
resolution of the Board of County Commissioners.
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Words Underlined are added; Words 8tnlek Throl:lgh are deleted.
Page I of2
SECTION TWO: 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 the 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 THREE: 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 the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, thisl3tf,aay ofGio her- ,2009.
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DWlOOT'K'aROeK. "CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~ ~.l~4v
DO A FIALA, CHAIRMAN
This ordinance filed with the
Secretary of ()lte/s Office th!.:
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and acknowledgement of that
filin received this _~ day
of
Words Underlined are added; Words Strode Through are deleted.
Page 2 of2
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-54
Which was adopted by the Board of County Commissioners
on the 13th day of October, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 13th
day of October, 2009.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
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Deputy Clerk