Ordinance 2010-16
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\\\,;l~VA~ RDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF:;'
\(~'",,'N' LIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 96-17, .
"':'~'.(l.9lc't'lC\.'t"'" S AMENDED, THE COLLIER COUNTY NOISE CONTROL_-:
-----~- ORDINANCE, BY AMENDING SECTION SEVEN, EXEMPTIONS,"
PROVIDING FOR AN EXEMPTION OF NOISE RESULTING FR~M J
AUTHORIZED USES AT THE CURRENT LOCATION OF THE SWAMP
BUGGY RECREATION AND SPORTS PARK; PROVIDING FOR
ACTUAL AND RECORDED NOTICE OF THIS EXEMPTION;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
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ORDINANCE NO. 2010 - 1 6
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WHEREAS, on February 13, 1990, the Board of County Commissioners adopted
Ordinance No. 90.17, known as the "Collier County Noise Control Ordinance," codified as
Chapter 54, Article IV, of the Code of Laws and Ordinances of Collier County, Florida, which
Ordinance subsequently was amended by Ordinance Nos. 93-77, 96-29, 00-68, 04-55, 07-61, and
08-68; and
WHEREAS, the Board of County Commissioners desires to amend Ordinance No. 90-17,
as previously amended, to provide an exemption for noise resulting from certain authorized uses,
to account for historic levels of noise resulting from said uses, including but not limited to
activities and events authorized by the Swamp Buggy Days Planned Unit Development,
Ordinance No. 84-26, at the Florida Sports Park swamp buggy race track.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: AMENDMENT TO SECTION SEVEN, ORDINANCE NO. 90-17
SECTION SEVEN. EXEMPTIONS.
The following uses and activities shall be permitted under this Ordinance and are exempt
from the Sound Level limits set forth in subsection 6.8:
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R. Noise from Swamp BUl!:!!V events.
Noise associated with allowable events emanating from the current location of the Swamp
Buggv Recreation and Sports Park. including but not limited to. motor racing. tractor pulls.
festivals and music concerts. Developers of parcels that adioin the Swamp Buggv Recreation
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Words underlined are added; Words struok thrOHgl> are deleted.
and Sports Park. or parcels that would otherwise be substantially affected by the noise generated
by the Swamp Buggy Recreation and Sports Park. must provide both actual and recorded notice
to all prospective residents within such properties of this exemption. in a form to be approved by
the County,
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 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 THREE:
INCLUSION IN 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 Ordinance may be renumbered or
re-lettered 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 \3~h. day of \-\"? '<", \ ,2010,
ATTEST:
DWIGHT E, ~ROCK, Clerk
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: /,-",1 CAY Cf,:::\/j.~
FRED COYLE, CHAIRMAN
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APpr~ved as ,form
and I I as, je}lcy:
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This ordinance filed with the
~lJII!Ory of A!5!t~'s OfficeJl'e
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and acknowledgemeAt-.. Q!.ftlot
tili~rec;eiwd~iS~ 'day
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By . c
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County
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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 2010-16
Which was adopted by the Board of County Commissioners
on the 13th day of April, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 15th
day of April, 2010.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners,
Ctuu tf~Q'.~'
By: Ann JennejOhn,
Deputy Clerk
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