Ordinance 91-112 ORDINANCE NO. 91-~1~
AN EMERGENCY ORDINANCE SUSPENDING THE
ENFORCEMENT OF COLLIER COUNTY ORDINANCE ~
NO. 91-19, SAFETY PERMITS FOR COM~ERCIAL
MULLET VESSELS, FOR A PERIOD OF ONE YEAR; ~ ~ --r~
~ PROVIDING FOR THE PURPOSE OF. THIS TEMPORARY ~
~ SUSPENSION; PROVIDING FOR NOTIFICATION OF ~
~9%~/~ THE ENACTMENT OF THIS ORDINANCE; PROVIDING
o
FOR SEVERABILITY; DECLARING AN EMERGENCY; ~ -~ fid
PROVIDING AN EFFECTIVE DATE.
W~EREAS, the Board of County Commissioners of Col~"ier Cl~unty,
~ Florida, on February 12, 1991 adopted collier County Ordinance No.
91.-19 which provides for the regulation of and requires safety
~' pen-mits for commercial mullet vessels during mullet roe season;
~,..:.'
,... WHEREAS, the Florida Marine Fisheries Commission has raised a
~'"'.'i/:...'. lea;al issue relating to Jurisdiction; and
W~EREAS, the Board of County Commissioners has determined
,~:.,,~ . th~tt it is in the best interest of the public to temporarily
:c su~pend the enforcement of Collier County Ordinance No. 91-19
'.;'~ ~,
''fo]: a period of one (1) year for the purpose of obtaining an
.~:,."? :Attorney General Opinion regarding the legal issues raised.
~" NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
> COmmISSIONERS OF COLLIER COUNTY, FLORIDA, that:
~:.
SEC~ION'ONE. Purpose.
,'~ ..... It is the purpose of this Ordinance to temporarily suspend
':. th~ enforcement of Collier County Ordinance No. 91-19 for a period
~.: ~' of one (1) year to permit Collier County Board of County
.~..,/,'Co~missioners to request and receive an Attorney General's Opinion
'reqarding a Jurisdictional legal issue raised by the Florida
. [Marine Fisheries Commission.
,"'%..'~.. SECTION TWO. Safety Permits as Required Under Section Two of ''~ - Collier County Ordinance No. 91-19.
.- Safety Permits shall not be issued nor required pursuant to
" Ordinance No. 91-19 for a period Of one (1) year from the date of
thi~ Emergency Ordinance.
SECPION THREE. Notification.
· ' The Clerk to the Board shall.provide a certified copy of this
Ordinance to the Florida Marine Fisheries Commission, the Collier
County Sheriff's Department, the Florida Game and Fresh Water Fish
";!~' Commission and the Florida Marine Patrol.
SECTION FOUR. Severability.
If any phra$ r porti0h-of this Ordinance is held Invalid or
unconstitutionai?.by [ny: court Of. competent Jurisdiction, such
p¢.rtion ghall~be deemed a separate, distinct and independent
pzovlslon ~nd such holding shalllnot affect the validity of the
remaining' portion.
SEC'WION?FIVE. Declaration of ~orgency.
This Board does hereby decl.are tha~ an emergency exists and
~%at i'~diate enactment of this Ordinance is necessa~, and by no
less than four-fifths (4/5ths) vote of the membership of the Board
~do~s h~r~by waiv~ nott~ of intent to con~tder this Ordinanc~.
A',~rttft~d copy of thi~ Ordinance, as ~naet.d, ~hall b~
filed b~ the Clmrk of the Board with the Department of State of
~,1 Statu of Florida, as soon after enactment as ts practicable by
-del~Stttng the same with the postal authorities of the government
of the United States for special delivery by registered mail,
~'.;'Po.,tage prepaid,' to th. Florida Department of State.
:This Ordinance "~hall become effective as provided in Section
r orid ' se u es.
PASSED ~D D~Y .ADORED by the Board of County Co~isstoners
Florida, this ~ of Decembsr, 1991.
· 'A~EST: 'F '.. ~, BO~D OF COUNTY COI~ISSIONERS
J~[ES C. 'GI~S, CL~ COLLIER COUNTY, F~RIDA
'"'X~89~8' as ~0' fo~ and CHARON:
.' le9~.l '~ufftciency}
5ecreto~ cf State's Office thc
W o~ ackn°w~edoement of that
Assistant County Attorney tiling received this ~ day
r'50 186 '
STATF. OF FLORIDA )
COUN~:Y OF COLLIER )
I, JAMES C. GILES, 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. 91-112
which was adopted by the Board of County Commissioners on
the 17th day of December, 1991, via emergency procedures
during Regular Session.
WITNESS my hand and the official seal of the Board of
Count,.! Commissioners of Collier County, Flor'ida, this 19th
day o1: December, 1991.
JAMES C. GILES ~.x', . ....
Clerk of Court~ and Cle~'.-' '"
Ex-officio to Board'of :' ' ' '-
County Commtsston~ '~' '
B~: /s/Maureen Kenyon ' ' . C.
Deputy Clerk "