Ordinance 97-10 ~.~ ~,,.~ ORDINANCE NO. 97-xo
~_~_, i! AN ORDINANCE AMENDING ORDINANCE NO.
~ ~':96-16 REGARDING VESSEL SPEED CONTROL
mt AND WATER SAFETY; ADDING A DEFINITION
~ ~ ~ ~. FOR HURRICANE PASS; INCORPORATING
ALL IDLE SPEED ZONES PREVIOUSLY -.
DESIGNATED BY RESOLUTIONS; ADDING NEW
IDLE SPEED - NO WAKE ZONES; PROVIDING
FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF ,.
LAWS AND ORDINANCT.~; RgPEALING
RESOLUTIONS; PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Collier County, pursuant to Section 327.22 (l)(a) and Section
327.60(1), Florida Statutes, has the authority to adopt this Ordinance to impose
idle speed zones on waterways in the ~nincorporatcd areas of the County without
approval from the Department of Environmental Prot~'~ion or any other Agency
of the State of Florida of the Federal Government; and
WHEREASi Collier County has heretofore established several waters of
unincorporatcd Collier County as "Idle Speed - No Wake' zones by adoption of
four (4) Resolutions numbered 79-165, 81-199, 85-146, and 8(5-1; and
WHEREAS, the Board of County Commissioners deems it appropriate to
continue to protect the public health, safety and welfare and to continue to
promote safety in the operation of vessels in specified county waterways and boat
basins by re-affirming all of the "Idle Speed - No Wake" zones that have been
heretofore been established by the combined effects of the above-listed four (4)
Resolutions; and
WHEREAS, Collier County hereby also designates some new areas as
newly designated "Idle Speed-No Wake' zones; and
WHEREAS, in an effort to prevent injuries and to reduce boat damage and
other property damage that results from excessive wakes, it is advisable to inform
boaters that the subject navigable waters are restricted "Idle Speed" and/or "No
Wake'* areas by placement of informative rcgulatory markets, therefore the
County will post all such designated Idle Speed - No Wake zones with appropriate
signage and will continue to repair, replace and maintain those rcgulatory markers.
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Words deleted are stamk-thro~; words added are ~
NOW,-THEREFORE, BE IT ORDAINED BY THE BOARD O17
COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Collier County Ordinance No. 96-16 is hereby amended as
follows:
SECTION ONE: INTENT AND PURPOSE
It is the intent and purpose of this OTdinancc to protect and promote thc
health, safety and welfare of the public, including residents and visitors to Collier
County and in particular by providing in specified water reasonable speed
regulation to the operation of vessels as defined. It is further intended that this
Ordinance shall be liberally construed to effect such intent and purpose.
SECTION TWO: TITLE AND CITATION
This Ordinance shall be known and be cited as the "Collier County Water
Safety and Vessel Control Ordina.,ce."
SECTION THREE: APPLICABILITY
This Ordinance shall apply to and be enforced on all the salt waters of the
following described Restricted "Idle Speed - No Wake" Areas:
1. The Clam Bay System including Upper Clam Bay, Inner Clam Bay,
Outer Clam Bay, and Clam Pass. These restricted areas are as specified on the
map attached hereto as "Exhibit A."
2. Hurricane Pass, as specified on the map attached hereto as "Exhibit
B." Hurricane Pass is described as follows: Those waters northeast of the Gulf of
Mexico between the shores of Cannon Island and Keewaydin Island (also known
as Key Island), south of the southern end of Little Marco Island within the
following boundaries: The northern boundary. is a line at the southernmost point
of Little Marco Island at a..nprwdmately 25° 59.9'N, gl° 45.17'W: east to Cxamon
Island (25° 59.9'N: 81° 45.08'W). and west to Keewaydin Island (25° 59.9'N, 81~
45.25'W); the eastern boundary_ is the western shore of Cannon Island from its
intersection with the northern boundary. of Hurricane Pass south to its intersection
With the southern boundary. of Hurricane Pass; the southern boundary_ is a line
extending from the southernmost point of Keewaydin Island (23° 59.7R'N; 81°
45.17'W) a_ .nproximately east-southeast to the nearest shore of Cannon Island (25°
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Words deleted ate stnmleihi~h; words added are underlined
t 0 t o ·
· · · 0 t · t
3. ]~e2~ed. ' ' "
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Words deleted are stmek-tks~k; words added are ~
$. Port of the Islands: The sea walled marina basin and south thereof
a..t~rnximately 1 ;000 feel as shown on the map attached hereto as Exhibit "I".
6. The Everglades City. Area: The Barton River from the inlet north to
the east side of the State Road 29 bridge; also the" . · ·
hundred (500) feet of all sea walls. All pans of Halfway Creek that are within five
hundred (500) feet of Plantation Island. These areas are shown on the map
attached hereto as Exhibit "J".
7, . Chokoloskee Island: All areas within five hundred (500) feet of the
sea walled areas of Chokoloskee Island. These areas are shown on the map
attached hereto as Exhibit "J".
SECTION FOUR: VESSEL SPEED REGULATION
Except during an emergency or operation by an official of the government
while engaged in official businc.' s, the operation of any vessel in excess of idle
speed, as defined lierein, in or on any watch specified above is hereby prohibited
and is a violation of this 0rdinanee. Said prohibition is effective and enforceable
provided the "no wake" area is designated by regulatory marker, signage, buoy, or
any other notice of the "idln_sZnd-no wake" status. The locations of such notices
shall be placed at the discretion of the County Staff. All such notices posted by
the County are official notices of the County. Provided the restricted area is
.trusted as an "Idle S~ed' and/or "No Wake" area. it is no defense to a violation of
this Ordinance to allege that the person issued a rioflee of violation of this
~ Dsf~4a~ did not observe pnsI~ notice of the "idle speed" and/or "no
wake" status of the waters.
SECTION FIVE: DEFINITIONS
For the purposes of this Ordinance, the following words are defined as
follows:
A. IDLE SPEED means the minimum speed through or over the surface
of the water that will allow the vessel operator to maintain steerage of the vessel.
B. OPERATE means to be in control of the speed of a vessel traveling
over or in water.
Words deleted are :tr'-'-ck :.~':ug~; words added are underlined
C. }'E.SSEL means a motor propelled and/or artificially propelled boat,
sailboat, barge, airboat or other watercraft used or capable of being used as a
means of transportation of one (!) or more persons over or in the water, whether
propelled by wind, propeller, or forcing flow of water by propeller or impeller, or
otherwise. Vessel does not include a canoe, kayak, or similar small minimum
wake type vessels provided the vessel is then being propelled only by paddle and
not by motor, pump, or sail. "Vessel" does not inchdc seaplane.
SECTION SIX: PENALTIES
Each violation of this Ordinance is a civil infraction. If a Citation of
Violation is not contested and is paid in full and on time, the fine shall be Fifty
($50.00) Dollars for the first violation within any six (6) month period, and One
Hundred ($100.00) Dollars for a second violation by the same person within any
one (i) year period. If the fine is not paid in full and on time, the Court may
impose a fine of up to Five Hundrea ($500.00) Dollars plus Court costs and any
other costs and/or fees authorized to be imposed by the Court by Florida Statutes.
As an alternative means of e~.forcement, violations of this Ordinance may be
referred to the Collier County Code Enforcement Board.
SECTION SEVEN: ENFORCEMENT
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. Civil Citations may be used to notify the
defendant of allegations of violations of this Ordinance.
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.
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Words deleted are :~-~k *.~-'c~ug.~4 words added are underlined
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 me
Ordinance may be renumbcred or relettered to accomplish such, and the word
"Ordinance" may be changed to "section," "article," or any other appropriate
e word.
SECTION FOUR: REPEAL OF FOUR RESOLUTIONS.
Resolutions numbered 79-165, 81-199, g5-146, and 86-1 are hereby
repealed.
SECTION FIVE: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this//day of f,',/~,.~ ._./ ,1997.
ATTEST:
DW GH.7'. BR. OCK. CLERKBOARD OF COUm CO 4MISSIO ERS
, , ...........:,.. ",,:. OF COLLIER COUNTY, FLORIDA
ApprSVed,~s'Y6 form and ~is ordjncnce riled w,h the
Secretary of ~t te's Office
e a . . i : 6rid ~ckncwled~ern~n~ o~ that
..__ filing received thl.~..~/,~'_ day
Of %~
Thomas C. Palm~ ' ~ c~ -
Assistant County Attorney
h:~xitn~nce~TMdlelpeeizonel-t~
e
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Words deleted are :*,r,::k ',,~:cug~; words added are underlined
K~IBIT hA" .
SCALE
· ,
MILES
CLAM
PASS
SPEED
NEl WAKE
CLAM
SEAGATE
!It!IBIT 'l" TO OR, DI~IA!tCZ
v.. '. "~." ~ A,R ( .-.:
':. ISLAND
~ ·
· ' :':' v.
.':.
GU~ OF '~. CANNON
~EXICO ~
· . ISLAND
ISLAND '.:
... '.:.
· . :..
PROPOSED P~OSITION OF "
REOULATORYt MARKERS; '..
LITTLE MARCO'; / HURRICANE
PASSES.
:. :..
ii
...
0 1000 2000 "..
Feet ....,:.
COLLIER COUNTY $HGRD_!I( - FL~0A
MARINE RESEARCH INSRTUTE, MOOIFED
TO ILjustRATE ClJRRENT CC}ii}r110NS BY i:" ~"
NATURAL RESOURCES DEPM~I'klENT 7/9~.
Exhibit C
IDLE SPEED ZONES
HATCHED AREAS ARE IDLE
SPEED ZONES
LEE COUNTY
BONITA ~.CH
ROAD
BONITA
SHORES
BAREFOOt
BEACH US 4 1
SCALE /
6 .~ i
RILES
41
CONKLIN
BAY
HARBOR
WIGGINS
PASS
COCOHATCHEE
RIVER
m.. ~ WATER PALM
m~ ,~,~ TURKEY SHORES
BAY
WATER PALM
SHORES
TURKEY
BAY
CR 846
VANDERBILT
BEACH
VANDERBILT
'LAGOON
%
SCALE
0 .5 1
PPER
CLAM MILES
AY
O PELICAN c
BAY
CBAd NLAN?
/ IDLE SPEED ZONES
CLA
PASS~ HA'j'CHE]3 AREAS ARE IDLE
i S PEEl] ZrlNES
EL OUTER
us 41 PINE RIDGE
ROAD
Exhibit E
',DLE SPEED ZONES GORDON
RIVER
HATCHED AREAS ARE IDLE RIVER
SPEED ZDNES REACH
C~ us 41
NAPLES
GORDON
RIVER
ROCK
CREEK
I
/
BROOKSIDE
SCALE,
0 .5 1 ~ US 41
MILES ~ "_~,'
%___,~~,~~~ H ~%~<u A N
Exhibit F
OF ,PRI
TARPON
· BAY
CAPRI PASS
eo
JUDGE
~O JOLLY
? IkSS BRIDGE
SANCTUARy
I % SOUND
SCALE
.5 !
HILES
IDLE SPEED ZONES
HATCHED AREAS ARE IDLE
SPEED Z[]NES
CAXA M BAS ~:::::ICAXAM BAS
PASS BAY
IDLE SPEED ZONES]
HATCHED AREAS ARE I]]LE
~ ZONES
AODISON
BAY ~
0
SCALE
o .~ ~
SANCTUARy NILEg
SOUND ~2~ ~
BARFIELD
BAY
BAS ~SL~ND
I
-.
Exhibit H
US 4 1 DLE SPEED ZONES
HATCHED AREAS ARE IDLE
SPEED ZONES
HENDERSON ~
CREEK
SR t951
SCALE
~., I
0 .5
MILES
us ,~l IDLE SPEED ZONES
HATCHE~ AREAS ARE I]3LE
PORT SPEED ZDNES
OF
ISLANDS
'
SCALE
FAKA UNION . , .
0 .5 1
CANAL MILES
Exhibif J
IDLE SPEED ZONES
HATCHED AREAS ARE IDLE
SPEED ZONES
EVERGLADES EVERGLADES
CITY NATIONAL
PARK
HALFWAY
CREEK
q,,,_
~:~%~ SCALE
~ 0 ,5 1
NILES
FURNER
RIVER
HOKOLOSKEE
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clark of Courts in and for the Twentieth
Judicial Circuit, Collier County, Florida, do hereby certify that the
foregoing is a tru~ copy of:
ORDINANCE NO, 97-10
Which was adopted by the Board of County Commissioners on the 11th day
of February, 1997, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this llth day of February,
1997,
Clerk of Courts an~, ~'~.~,7~ .... 0,~,,~:~'~
Deputy Clerk