Ordinance 96-75 ORDINANCE NO. 96-- 7s
AN ORDINANCE AMENDING ORDINANCE NO.
96-16 RELATING TO VESSEL SPEED CONTROL
AND WATER SAFETY; CHANGING TITLE;
ADDING tlURRICANE PASS AS A NO WAKE
ZONE; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION
IN TIlE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WIIEREAS, Collier County, pursuant to §327.60, Florida Slatrites, has the
legal authority to adopt this Ordinance to impose idle speed zones on waterways
in the unincorporatcd areas of the County; and
Wi!E REAS~, several boating accidents have occurred recently in tlurricane
Pass because of excess speeds; and
WIIEREAS, it is necessary that the speed and operation of vessels located
in Hurricane Pass'as specified herein be controlled in order to try to prevent
further accidents and injuries to boaters in that geographic area; and
WHEREAS, it is in the interest for the safety and welfare of the boating
public, that Hurricane Pass be classified as an "idle speed/no wake zone" to reduce
risk and injury to boaters and swimmers, and ensure the enjoyability of these
natural resources by the general public.
NOW, TtlEREFORE, BE IT ORDAINED BY THE BOARD OF
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 Ordinance to protect and promote the
health, safety and welfare of the public, including residents and visitors to Collier
County and in particular *~' '~'~ r.~_ D ....... by providing in specified water
reaso'~able ~eed regulation to the operation of vessels as defined. It is further
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°* "'~ 'g ......g' words added are lalllagXlhl~
Words deleted arc ............ t~..,
intcndcd that this Ordinance shall be liberally construed to effect such intent and
purpose.
SECTION TWO: TITLE AND CITATION
This Ordinance shall be known and bc cited as the ..c,~ t~.., System
f_~ Water Safety and Vessel Control Ordinance."
SECTION THREE: APPLICABILITY
This Ordinance shall apply to and bc enforced on all the waters of the
following described Restricted Areas:
!. The Clam Bay System including Upper Clam Bay, Inner Clam Bay,
Outer Clam Bay, and Clam Pass. The restricted areas are as specified on the map
attached hereto as "Exhibit A.'
2. ~ Hurricane Pass. as specified on the map attached hereto as
~" tlurrjcane 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 approximately 25° 9.9'N. 8[°
45.17'W. east to Cannon 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 westem
shore of Canno, Island from its intersection with the nonha boundary. of
Hurricane Pass south to its intersection with the southern boundary. of Hurricane
Pass; the southem boundary_ is a line extending from the southemmost point of
Keewaydin Island (23° 59.78'N. 81° 45.17'W) approximately east-southeast to the
nearest shore of Cannon Island (25° 59.7'N. 81~ 45.05'W); and the western
boundary. is the eastern shoreline of Keewaydin Island from its southernmost point
(25° 59.78'N, 81° 45.17'W) northward to its intersection with the northem border
3. Reserved,
SECTION FOUR: VESSEL SPEED REGULATION
Except during an emergency or operation by an official of the government
while engaged in official business, the operation of any vessel in excess of
speed, as defined herein, in or on any waters ~ ~
s)-'stom is hereby prohibited and is a violation of this Ocdinance. Said prohibition
is effective and enforceable provided the "no wake" area is designated by
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Words deleted are at."'aek ',l:r~::gh; words added arc underlined
regulatory marker, signage, buoy, or any other notice of the "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. It is no
defense to a violation of this Ordinance to allege that the Defendant did not
observe notice of the "no wake" status of the waters...r
.............. ..,
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.
C. tIESSElL 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 (I) 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 include 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 Hundred ($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 enforcement, 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.
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Words deleted are .....~..h ......h' words added are underlined
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 bc made a part or the
Code of Laws and Ordinances of Collier County, Florida. The sections of the
Ordinance may be. rcnumbercd or rclcttercd 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 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~.~'/~/,._ J ,1996.
ATTEST:. "'
., DWIGHT' E.. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS
B y:
· '~ Deputy Cle/'k'''/ .ff2)HN C. NORRIS, CHAIRMAN
Approved as to form and
z
legal stlfficiency;
ThOmas C. Palmer
Assistant County Attorney
TCP/rrwb
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Words deleted are :',r--'~,k |~r~.u-~; words added are underlined
"A" T(I ~RD[ F'ANCE
I
[]
SCALE
0 .5
MILES
CLAM
PASS
e
IDLE SPEED
hIE] rAKE
CLAM
SEA~ATE DRIVE
EXHIBIT "B" TO ORDINANCE
GULF OF .'.. ..c~ :'. CANNON
MEXICO ". ,---,2,~
'... ISLAND
KEEWAYDII "
ISLAND '.
~ ..
PROPOSED POSITION OF
REGULATORY~ MARKERS; '..
LITTLE MARCO /HURRICANE r..z~o.
PASSES.
I J SCALE ~
0 1000 2000
Feet
COLLIER COUNTY SHCRtqJN~ - Iq. ORIOA "SEA
MARINE RESEAJtCH INStiTUTE, MOOCFrn '-
TO ILjustRATE CURRENI' CONDITIONS BY .'-OAT
NATURAL RESOURCEe; DEPARTMENr 7/9a,
l
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 copy of:
ORDINANCE NO. 96-75
Which was adopted by the Board of County Co~=nissioners on the 26th day
of November, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 26th day of November,
1996.
DWIGHT E. BROCK -.
Clerk of Courts and,C~erk
Ex-officio to Boar~ Of
By: Maureen Kenyon. "' ..
Deputy Clerk