Ordinance 2009-62
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c:;. ~ RDINANCE OF THE BOARD OF COUNTY COMMISSIONERs'OF ,'}
".te-n '" LIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. '82-3,' \
v~6Z8Z!...t.'" HICH PROHIBITS THE POSSESSION SALE, IMPORTATION, OR
RELEASE INTO ANY WATERS OF COLLIER COUNTY CERTAIN
EXOTIC OR IMPORTED FISH, BY REMOVING TILAPIA FROM T:IfE
LIST OF PROHIBITED EXOTIC OR IMPORTED FISH; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
ORDINANCE NO. 2009-~
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WHEREAS, on January 12, 1982, the Board of County Commissioners (Board) adopted
Ordinance No. 82-3, which prohibits the possession, sale, importation, or release into any Collier
County waters certain exotic or imported fish, including Tilapia; and
WHEREAS, since the adoption of Ordinance No. 82-3, Tilapia have become prevalent in
Collier County waters, making the current prohibition difficult, if not impossible, to enforce; and
WHEREAS, the Board desires to amend Ordinance No. 82-3 in order to remove Tilapia
from the list of prohibited exotic or imported fish.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE:
AMENDMENT TO SECTION ONE OF ORDINANCE NO. 82-3.
Section One is hereby amended to read as follows:
Section One:
The possession, sale, importation or release into any waters of the County of any of the
following fish is prohibited:
1. White Amur or Grass Carp (Ctenopharyngodon idella).
2. Walking catfish - Any member of the Clariidae family (Clarias, Heterophneustes,
Gyrnnallables, Channallables or Heterobranchus genera).
3. Piranha (Sersalmus, Rooseveltilla and Pygocentrus genera).
1. Tilapia (Tilapia).
Words Underlined are added; Words Struek 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, this 19- day of ~ h.tr ,2009.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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By' ,/ r.T ~ .-... "'?' 1;,(:...., """",
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DONNA FIALA, CHAIRMAN
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Approved as to form
and 1 sufficiency:
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Wright
ant County Attorney
This ordinance fHee! Wi,'
Serretory of ~/S Ofk': 1h~.
~dayof . I_~
and acknowledgement of that
filin received this day
of
Words Underlined are added; Words Struck Threl:lgh 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 2009-62
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2009.
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DWIGHT E. BROcK.: t-~':"" '--..
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Clerk of Cour~~: ~d Cle~k:~
Ex-officio to ~~~.a~d()r~~\..ji'
County Commiss~oners (.'J...':......." /
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Teresa Polaski,
Deputy Clerk