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Ordinance 94-57 ORDINANCE NO. 94- 57 AN ORDINANCE AMENDING COLLIER COUNT~.Z~ ORDINANCE NO. 79-S REGULATI~[G THE MANNER OPERATION AND SPEED OF VESSELS IN UNINCORPORATED AREAS OF COLLIER COUNTY, AMENDING SECTION 2, DEFINITIONS, PROVIDINg?..' "SLOW SPEED" AND "SLOW SPEED ZONE"; BY~ AMENDIN SECTIO. SPEED I. Cn AI. q. AREAS AND SECTION 7, DESIGNATION OF WAKE-IDLE SPEED ONLY", PROVIDING "SLOW SPEED-HINIMUH WAKE ELEMENTS; PROVIDING FOR CONFLICT AND SEVERABILITY$ AND BY PROVIDING AN EFFECTIVE DATE. WHEREAS,. the Florida Department 'of Natural Resources, now a part of the Florida Department of Environmental Protection, has opined that the interest~ of wildlife protection (particularly concerning manatees) and boaters within the waters'of untncorporated Collier County would be better served if Collier County Ordinance No. 79-8 were to be amended to provide for "slow speed-minimum wake" vessel operation and enforcement elements. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE. AMENDMENT OF SECTION 2, COLLIER COUNTY ORDINANC~ 'i NO. 79-8. ~ Section 2 of Collier County Ordinance No. 79-8 is hereby j" amended to read as follows= SECTION 2. DEFINITIONS. For the purpose of this Ordinance the following terms, phrases, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number i.clude the plural number. The word "shall" is always mandatory and not merely directory. (1) Vessel is synonymous with boa~ and means a motor or artificially propelled vehicle and every other description of watercraft, barges, and airboats, other than a seaplane on the water, used or capable of being used as a means Of transportation on water. -1- Words ~ are added; words =tru=I; ~hz;uah are deleted. (2) Person means any individual, partnership, firm, corporation, assooiation or other'entity. (3) Operate means to navigate or otherwise t~se a boat or a vessel. (4) Idle speed means the lowest speed at which a boat or watercraft can operate and maintain steering control. [5~ Slow speed means no sneed area=aT than that which is reasonable and prudent to avoid either intentionally or nedltdentlv annoYind. molestind. harassind. disturbind. collidtna with, in~urin~ or haTmind manetees and which comDor=e with the duty of all neTsone to use due care under the circumstances. A motorboat in a manetee sanctuary area desianated aS a slow speed. zone. {i) that is oDeratin~ on a plane is not proceedjoe at slow speed= {2~ that produces no wake or minimum wake is Droceedinu at slow speed: ~3) that is in the process of cominu off plane and settlin~ into the water. which action creates more than no or minimum wake is not Droceedind at slow speed:[4) that is completely off plane and which has settled into the water and is Droceedind without wake or with minimum wake is proceedind at slow speed. (6~ Slow speed zone means a desiCnated area within which it has been established that manetees are known to congrecate. In aslow speed zone. motorboat operators shall not proceed at ~ ~me~d Greater than is reasonable and prudent to avoid either i~Dtionallv or neclicentlv annoVinq. molestinc. harassing, disturbinu. coll'idind with. in4urind or haTmine manetees and shall onerate such motorboat in accordance with legal requirements and the duty of all persons.to Use due care under the circumstances. SECTION TWO. AMENDMENT OF SECTION S, COLLIER COUNTY ORDINANCE NO. 79-8. Section 5 of Collier County Ordinance No. 79'8 is hereby amendedas fo110ws: -2- Words ~ are added~ words .............. ~ are deleted. SECTION 5. Speed Limit in Certain Areas. No person shall operate a vessel of any kind which is propelled by a motor or engine in any area designated as an official "NO WAKE-IDLE SPEED ONLY" area and so posted at ~ greater than idle speed. i No metson shall operate a vessel of any kind which is '. DroDelle~ bY a motor or eD~ine in 'any area designated as an Official "SLOW SPEED'MINIMUM WAKE" zone or area and so Dosted ~ qreater than slow speed. SECTION THREE. AMENDMENT OF SECTION 7, COLLIER ORDINANCE NO. 79-8. Section 7 of Collier County Ordinance No. 79-8 is hereby amended as follows= SECTION 7. Designation of "NO WAKE-IDLE SPEED ONLY" or"SLOW SPEED-MINIMUM WAKE", The Board of County Commissioners of Collier County, by resolutionT may adopted at a public hearing upon at least fifteen (15) days notice of such hearing published in a newspaper of general circulation in Collier County, Florida, designate areas as "NO WAKE-IDLE SPEED ONLY" or"SLOW SPEED-MINIMUM WAKE" areas under the provisions of SECTION 5 of this Ordinance. In designating such areas, the Commission shall hear all testimony presented and make a finding that the designation is necessary for the safety~and/or welfare of the citizens of the County. Upon adoption of such a resolution, the Board of County Commissioners shall publish the resolution one time in a newspaper of general circulation in Collier County,.Florida after which the designationof the area shall be complete and binding. Provided, however, no person shall be convicted of a violation of this Ordinance relating to such areas until signs designating the boundaries of the area by stating ~ither "NO WAKE-IDLE SPEED ONLY" ~r "MANATEE AREA. SLOW SpEED-MINIMUM WAKE" have been posted after approval by all appropriate regulatory agencies. -3- Words Underlined are added; words et~Pe~ are deleted. SECTION FOUR. ,CONFLICT AND S~ILITY 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 this 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 FIVE. EFFECTIVE DATE. This Ordinance shall become effective upon receipt of notice from the Secretal7 of State that this Ordinance has been filed with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 25/ day of ~,~Y, 1994. : ~, '.. ., ~. ~ '//. ,~T~EST '-.,,', · ?.. . ,.-.,. "Approved as to form and : 'This ofdln~e files with the .~tij: o d~~ t Assistant County Attorney -4- Words ~ are addedy words eq~Pue~c~ are deleted. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, DWIGHT E. BROCK, Clerk of Courts In and for the Twentieth JudJcia] Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 94-57 which was adopted by the Board of County Commissioners on the 25th day of October, 1994, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 27th .' day of October, 1994. DWIGHT E. BROCK ~' "'. Clerk of Courts and Clerk?"""" °"' Rx-offic,io ~o Board of ,~' ' ..'.. ~.". Maureen K n . Deputy Clerk :", /~" i '