Ordinance 99-54
. ORDINANCE NO. 99- 54
AN ORDINANCE AMENDING ORDINANCE NO. 97-10 REGARDING VESSEL
SPEED CONTROL AND WATER SAFETY; ADDING A COUNTY
WATERWAY KNOWN AS "HELL'S GATE" AS AN IDLE SPEED/NO WAKE
ZONE; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING
FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
AN EFFECTIVE DATE.
WHEREAS, Collier County, pursuant to Subsection 327.22(1)(a) and Subse~t.i'll.l--'_,
-- 327.60(1), Florida Statutes, has authority to adopt this Ordinance to impose idlesp~ "-"'';~,,
zones on waterways in the unincorporated areas of Collier County; and . ~ . ''\
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WHEREAS. the portion of the waterway known as "Hell's Gate" conlliSts of a ~ v
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winding, narrow mangrove channel with a ninety degree blind turn; and ~" "
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WHEREAS, several boating accidents and near miss accidents have occtirred' ,
recently in the waterway known as Hell's Gate; and
WHEREAS, Staff believes that vessels being operated at speeds i~~esUlf safe
speeds contributed to the accidents that have occurred in the waters known~~Hef s
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NOW, THEREFORE, BE IT ORDAINED BY THE BOARD Ojf;~01JNT'h,
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COMMISSIONERS OF COLLIER COUNTY, that: ~~; ::: 0
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SECTION ONE: SECTION THREE of Collier County Ordinance No. 9~~is ~eby
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amended as follows: l>
SECTION THREE: APPLICABILITY
This Ordinance shaU apply to and be enforced on aU the salt waters of the foUowing
described Restricted "Idle Speed-No Wake" areas:
1. The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer
Clam Bay, and Clam Pass. These restricted areas are as specified on the map attached
hereto as "Exhibit A."
2. Hurricane Pass, as specified on the map attached hereto as "Exhibit B."
Hurricane 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 250 59.90' N, 81045.17' W, east to Cannon Island (250 59.90' N, 810
45.08' W), and west to Keewaydin Island (25059.90' N, 81045.251 W); the eastern
boundary is the western shore of Cannon Island from its intersection with the northern
boundary of Hurricane Pass; the southern boundary is a line extending from the
southernmost point ofKeewaydin Island (250 59.78' N, 810 45.17' W) approximately
east-southeast to the nearest shore of Cannon Island (250 59.70' N, 81045.05' W); and the
western boundary is the eastern shoreline ofKeewaydin Island from its southern most
point (250 59.78' N, 810 45.17' W) northward to its intersection with the northern border
ofllumcane Pass.
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3. At all boat basins, in all residential canals, and at all saltwater areas within
five hundred (500) feet ofthe then sea walled shoreline in the following areas:
a. Little Hickory Bay: The north side of Little Hickory Bay in the vicinity of
Bonita Shores and Lely Barefoot Beach. These areas are shown on the map attached
hereto as Exhibit "C".
b. The Cocohatchee River: Those parts of the Cocohatchee River near
Wiggins Pass, Conklin Point, "Wiggins Bay, Gulf Harbor, and Palm Shores; also Water
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Turkey Bay and south from there to and including Vanderbilt Lagoon. These areas are
shown on the maps attached hereto as Exhibits "C" and "D".
c. The Naples Bay Area: The Gordon River east ofD.S. 41 near River
Reach and Coconut River Estates; also Rock Creek east ofD.S. 41 near Brookside; also
Haldeman Creek. These areas are shown on the map attached hereto as Exhibit "E".
d. Isles of Capri Area: All areas within five (500) feet of all sea walled
shoreline, as shown on the map attached hereto as Exhibit "F".
.- e. Marco Island: Within and around all of Marco Island, including all of
Collier Bay, all of Roberts Bay, the west shore of Sanctuary Sound, all of Smokehouse
Bay, all of Smokehouse Creek, the north side ofCaxambas Bay, all of Clam Bay, parts of
Factory Bay, the west shoreline of Barfield Bay, and part ofthe north side ofHorrs
Island; also all interior canals of Marco Island. These areas are shown on the map
attached hereto as Exhibits "F" and "G".
f. Goodland Area: Within five hundred (500) feet of all shoreline of
Goodland; also the boat basin in the Big Marco River adjacent to the north side of the
State Road 92 Bridge. These areas are shown on the map attached hereto as Exhibit "G".
4. Henderson Creek: All of Henderson Creek east of the Highway 951 Bridge and
west of that bridge to the first piling. These areas are shown on the map attached hereto as
Exhibit "H".
5. Port of the Islands: The sea walled marina basin and south thereof
approximately 1,000 feet, as shown on the map attached hereto as Exhibit "I".
6. The Everglades City Area: The Barron River from the inlet north to the east
side of the State Road 29 Bridge; also the "Lakes" area within five hundred(500) feet of
all sea walls. All parts of Halfway Creek that are within five hundred (500) feet of
Plantation Island. These areas are shown on the map attached hereto as Exhibit "J".
7. Chokoloskee Island: All areas within five hundred (500) feet ofthe sea walled
areas of Chokoloskee Island. These areas are shown on the map attached hereto as
Exhibit "J".
8. Reserved. Hell's Gate: Those waters between Little HickOl:)' Bay to the north
and Wiiiins Bay to the south lyini between channel markers 14 and 18. These areas are
shown on the m~ attached hereto as Exhibit "K".
9. Reserved.
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
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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 relettered to accomplish such, and the word "Ordinance" may be changed
to "section," "article," or any other appropriate word.
Underlined text is added; sk'Yek tMeagh text is deleted.
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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 .;J~ day of tZr. .c....cr- , 1999.
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ATTEST: BOARD OF COUNTY COMMISSIONERS
- DWIGHT E. BROCK, CLERK OF COLLIER COUNTY, FLORIDA
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By: ~e~'~ #~ --"
-' Deputy:.Clerk
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Approved as to form and
legal sufficiency: This ordinance filed with th8
Secretary of ~:~~ffice the
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---.. and acknowledoe ent of that
=:-! O'^^ ?'" fi:i~."ceiV€d thi'.~.. . day
Thomas C. Palmer Of.~.... ,~.~.
Assistant County Attorney By )~~P~CI~~ a.'u...
h:tcp/Ord,99-Dugan - Hell's Gate Speed Limits
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E2fHIBIT K - - - -
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Little Hickory
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SCALE MILES
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STATE OF FLORIDA)
COUNTY OF COLLIER)
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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. 99-54
Which was adopted by the Board of County Commissioners on the
3rd day of August, 1999, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 4th day of August, 1999.
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DWIGHT E. BROCK ,~
Clerk of Courts and Clerk r;'
Ex-officio to Board of '<"<!
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County Commissioners ." '~,
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By: Ellie Hoffman,
Deputy Clerk
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