Ordinance 89-011ORDINANCE NO. 89- ]~
AN ORDINANCE RELATING TO BEACH & WATER SAFETY
AND VESSEL CONTROL; PROVIDING FOR INTENT AND
PURPOSE; PROVIDING TITLE AND CITATION; SETTING
FORTH APPLICABILITY AND DEFINITIONS; PROVIDING
FOR REGULATION OF USE AND CONDUCT ON THE BEACH;
PROVIDING FOR VESSEL REGULATION; PROVIDING FOR
REGULATION OF CONCESSION OPERATIONS, EQUIPMENT
RENTALS AND VENDORS ON THE BEACH AND ADJOINING
WATERS; PROVIDING FOR PENALTIES; PROVIDING FOR
ENFORCEMENT; PROVIDING FOR REPEAL OF ORDINANCES
NO. 81-11 AND NO. 85-6; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the recreational use of the public beaches is a
treasured asset of this County which is afforded to the public at
large, including residents of and visitors to the County; and
WHEREAS, the manner, mode, type and degree of uses to which
the public beaches and adjoining waters are placed by the public
affects the health, safety and welfare as well as right to
enjoyment thereof by the individuals occupying or using said
beaches and waters for recreational purposes as well as those
residing nearby; and
WHEREAS, the operation of boats and other watercraft in '
excess of idle speed poses a threat to the health, safety and~
welfare of swimmers and others who are located offshore '.fr'om,~
beaches and shorefront bathing areas; and ~,.,
WHEREAS, it is necessary that the speed and operation 'oft..
aircraft, boats and watercraft located offshore from beaches and
shorefront bathing areas be controlled in order to protect the
health, safety and welfare of the citizens of Collier County and
visitors to Collier County; and
WHEREAS, it is in the interest for the safety and welfare of
the public that certain controls and regulations be enacted to
reduce risk of injury to the public and ensure the enJoyability
of these natural resources by the general public.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
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 at
large, including residents and visitors to Collier County by
providing reasonable regulation of the public's use and conduct
on the beach and adjoining waters of Collier County, including
the designation of specific areas within which the operation of
aircraft and vessels may be regulated or prohibited. It is
further intended that this Ordinance shall be liberally construed
to effect such intent and purpose.
SECTION TWO: TITLE AND CITATION
This Ordinance shall be kno~11 and be cited as the "Collier
County Beach & Water Safety and Vessel Control Ordinance".
SECTION THREE: APPLICABILITY
This Ordinance shall apply to and be enforced in the
unincorporated area of Collier County, including Key Island,
Marco Island, Sand Dollar Island and Little Hickory Island, but
shall not apply to the other barrier islands within Collier
Cou/~ty Juzisdiction.
SECTION FOUR: DEFINITIONS
For the purposes of this Ordinance, the following words
shall be defined as set forth below:
A. AIRCRAFT - means any motor vehicle or contrivance now
known or hereinafter invented, which is used or
designed for navigation of or flight in the air,
except a parachute or other contrivance designed
for such navigation but used primarily as safety
equipment. The term "aircraft" shall include
ultralight aircraft and seaplanes.
B. A-WEIGHTED SCALE or SOUND LEVEL - The sound pressure
level in decibels as measured on a sound level
meter using the A-weighted network. The level so
read is designated dBA.
C. BATHER - means any person who is in the same water as a
vessel, whether said person is swimming, wading or
engaged in any other activity in the water.
D. BATHING AREA - means any area of the beach and adjoining
waters in which bathers are located or may be
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located, whether or not designated by signs or
other form of notification.
E. BEACH - the soft sand portion of land lying seaward of a
seawall or line of permanent vegetation and
seaward of the mean high water line.
F. BLOODBAITING - the use of blood or bloody fish parts to
attract sharks.
G. CAMPING - The erection of shelter or similar structures
for the purpose of sleeping or lying upon the
beach either under or outside of any shelter,
vehicle, bedroll, blanket, or other protective
garb.
H. CHUMMING - The throwing of bait or fish parts into the
water to attract fish.
I. COLLIER COUNTY or COUNTY - shall mean the unincorporated
area of Collier County, Florida.
J. DECIBEL (dBA) - A unit for describing the amplitude of
sound, equal to twenty (20) times the logarithm to
the base ten (10) of the ratio of the pressure of
the sound measured to the reference pressure,
which is twenty (20) micronewtons per square
meter.
K. GULF - The Gulf of Mexico.
L. IDLE SPEED - means the lowest speed at which a vessel or
sailcraft can operate and maintain steering
control.
M. JET SKI - any personal water craft designed exclusively
for the riding enjoyment of one or two persons,
being propelled by propellers or by a jet pump
with a fully enclosed impeller and not weighing
over 350 pounds or having a length greater than 10
feet. The term Jet ski for purposes of this
Ordinance shall include "sea sleds," "dolphin
boats," "wave runners," or other such product name
meeting the description herein provided.
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N. LICENSE or LICENSED - as used herein means a Collier
County Occupational License or having such
license.
O. OPERATE or OPERATION - means to navigate or otherwise
use any aircraft or vessel in or on the water.
p. PERMIT - Beach Vendor's Permit issued by the County.
Q. RAFTS, FLOATS, AND FLOTATION DEVICES - Any device,
whether of canvas, vinyl, rubber, styrofoam or
other substance, intended or capable of assisting
in the floatation of a person on or in the water
of the Gulf of Mexico. The term shall not include
vessels or sailcraft, but shall include body
boards unless the context clearly indicates
otherwise.
R. SAILCRAFT - a wind-propelled vehicle used or capable of
being used as a means of transportation on or in
the water, including sailboats, sailboards and
windsurfboards.
S. SEAPLANE - means any aircraft as defined herein that is
capable of landing and/or lifting off from a water
surface.
T. SOLICIT OR CANVASS - Any act, delivery, or exchange not
initiated by the prospective customer or which
directs attention to any business, mercantile or
commercial establishment, or any other commercial
activity, for the purpose of directly or
indirectly promoting commercial interests through
sales, rentals, or any exchange of value.
U. SURFING - Surfing means the riding or paddling of a
surfboard within the waters of the Gulf of Mexico
abutting or adjacent to the beach.
V. ULTRALIGHT AIRCRAFT or ULTRALIGHT - means any
heavier-than-air, motorized aircraft which meets
the criteria for maximum weight, fuel capacity and
airspeed established for such aircraft by the
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SECTION FIVE:
Federal Aviation Administration under part 103 of
the Federal Aviation Regulations.
VESSEL - means a motor propelled or artificially
propelled vehicle and every other description of
boat, watercraft, barge, and airboat other than a
seaplane on the water, used or capable of being
used as a means of transportation on or in the
water, including Jet skis.
REGULATION OF USE AND CONDUCT ON THE BEACH
A. Possession of Glass Containers Prohibited. It shall be
unlawful for any person while on the beach or beach access areas
to possess or utilize any glass bottle or container.
B. Restrictions on Animals on Beach. It shall be unlawful
for any person owning or have under his control any animal, to
permit such animal upon the beach, except guide dogs accompanying
visually impaired persons or hearing ear dogs accompanying
hearing impaired persons shall be allowed on the beach at all
· ~iflles.
C. Open Fires Prohibited; Heated Objects to be Disposed of
Properly. It shall be unlawful for any person to have an open
fire on the beach. Said prohibition shall not include a stove or
grill where so designated and posted by the County Parks and
Recreation Department. It shall be unlawful for any person to
dispose of any coals, briquets, embers or other heated object
from any stove or grill at the beach in other than a County
designated receptacle.
D. Overnight Camping Prohibited. It shall be unlawful to
camp overnight on the beach.
E. Fishing. It shall be unlawful for any person while on
the beach or within 1,000 feet from shore to intentionally fish
for sharks or to fish by those methods co~nonly known as
"chumming" or "bloodbaiting." Nothing herein shall be construed
to create a duty of any sort on the part of any law enforcement
officer or county employee to prevent fishing or to warn of the
presence of sharks in the Gulf of Mexico.
F. Throwing of Balls, Frisbees, or Other Objects. It
shall be unlawful for any person to throw any ball, frisbee, or
other object through any bathing area after having been warned by
any law enforcement officer that such activity interferes with or
endangers the movement of pedestrian traffic or public safety.
G. Swimming. No person except a person actually engaged
in a rescue attempt shall:
(1) swim or bathe within 150 feet measured in any
direction from a pier or Jetty;
(2) swim or bathe in any area posted exclusively
for vessel and/or sailcraft use.
Use of rafts, floats, and other flotation devices. No
person shall:
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use any raft, float, body board, or other
flotation device of any description, except for a
vessel or sailcraft, more than 500 feet from the
water's edge.
I. Operation of vessel or sailcraft while intoxicated. No
person shall operate a vessel or sailcraft of any description,
whether motorized or not, surf or otherwise use any other
equipment in the Gulf of Mexico when under the influence of any
alcoholic beverage, or any chemical substance as set forth in
Section 877.111, Florida Statutes, or any substance controlled
under Chapter 893, Florida Statutes, to the extent that the
person's normal faculties are impaired.
J. Use of aircraft on beach or adjoining water prohibited.
No person shall operate an aircraft, including seaplanes or
ultralights, on or from the beach or the water within 500 feet of
the water's edge.
K. Soliciting and Canvassing Prohibited. There shall be
no solicitation or canvassing of the public on the beach:
(1)
(2)
By other than licensed concessionaires
of goods and services for use or consumption on
the beach. No person other than a licensed
concessionaire shall solicit or canvass for the
sale or rental of merchandise, services, goods, or
property of any kind or character intended for use
or consumption on the beach.
By licensed concessionaires. No licensed
concessionaire shall solicit or canvass for the
sale or rental of any merchandise, services, goods
or property of any kind or character except from
within or within 10 feet of his licensed premises
or vehicle.
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(3) By any person of goods and services for use or
consumption off the beach. No person shall
solicit or canvass for the sale o~ rental of any
merchandise, services, goods or property of any
kind or character to be delivered or performed off
the beach.
L. Sound Amplification. No audio device, such as
loudspeakers, television, radio, compact disc, tape, or record
player, or musical instrument, except equipment used by law
enforcement, rescue or beach safety personnel, shall be used on
the beach in a manner:
(1) that exceeds a noise level of 60 decibels (dBA)
measured on the A-weighted scale at 25 feet from
the sound source; or
(2) that otherwise violates the Collier County Noise
Control Ordinance.
M. Breach of the Peace; Disorderly Conduct. No person
shall commit such acts as are of a nature to corrupt the public
morals, or outrage the sense of public decency, or affect the
peace and quiet of persons who may witness them, or engage in
brawling or fighting, or engage in such conduct as to constitute
a breach of the peace or disorderly conduct.
N. Removal of Beach Sand. No beach sand may be removed
from the beach.
O. Litter. It shall be unlawful for any person to discard
or otherwise dispose of or abandon any trash, garbage, bottles,
containers, cans, dead fish or parts thereof, charcoal briquets
or ashes, or any other litter, except in designated containers
for that purpose. It is further unlawful to dispose of any
household garbage on the beach.
SECTION SIX: VESSEL REGULATION
A. Operation of vessel in excess of idle speed prohibited.
(1) The operation of any vessel, or sailcraft, in
excess of idle speed, as defined herein, in or on
all waters of the Gulf of Mexico within five
hundred feet (500 feet) offshore from all sandy
beaches and shorefront bathing areas is hereby
prohibited. Said prohibition shall be effective
and enforceable regardless of whether or not such
area is designated by appropriate sign, buoy or
other public notice.
(2) Jet ski regulation. No person shall operate a Jet
ski:
closer than 500 feet perpendicular from the
water's edge except to go to and from the
shore or except in a vessel corridor
designated under subsection (3) hereof nor
shall proceed to that portion of the Gulf
beyond 500 feet at a speed greater than
merely necessary to effectively traverse the
breaking water;
(b)
in an unsafe, reckless or careless manner
endangering the life, limb, or property of
any person.
(3)
Vessel corridors. The following areas of the Gulf
adjacent to the beach closer than 500 feet from
the shore may be designated as being exclusively
for vessel use between dawn and dusk daily:
(a)
Those areas of Tigertail, Vanderbilt Beach
and Clam Pass County Parks and such other
parks and areas designated and posted by the
County Parks and Recreation Department as
vessel corridors or use areas.
(4)
Beach launch of vessels regulated. No person
except a law enforcement officer, authorized
emergency personnel, or other person actually
engaged in a rescue attempt shall traverse the
beach with a motorized boat or Jet ski and launch
such vessel from the beach from an unauthorized
launching area.
(5)
Water Skiing. No person(s) including the skier(s)
(anyone being towed on a line behind a vessel) and
the vessel operator(s) shall water ski closer than
500 feet from the edge of the beach directly on
the Gulf.
(6)
Sailcraft, including sailboats, windsurfboards,
and sailboards. No person shall operate a
sailcraft closer then 500 feet perpendicular from
the water's edge where bathers are present except
to go to and from the shore by the most direct
means possible in a safe and reasonable manner.
(7)
Regulated areas. No person shall operate a
motorized vessel or sailcraft within an area which
has been clearly marked by buoys or some other
distinguishing device for bathing, swimming or
which has been otherwise restricted by the County,
provided that this subsection shall not apply in
the case of an emergency or to a patrol or rescue
craft.
B. Vessel speed not to exceed reasonable speed under
existing conditions. Nothing contained in this Ordinance shall
be construed to authorize or approve the speed of any vessel or
sailcraft in excess of that which is reasonable and proper under
the existing conditions or circumstances including, but not
limited to, the presence of water skiers, bathers, fishermen,
natural hazards or other water traffic.
C. Exemptions. The following shall be exempted from the
provisions of Section Six of this Ordinance:
(l)
The provisions of this Ordinance shall not be
construed to prohibit the operation, racing or
exhibition of vessels or sailcraft during a
publicly announced, properly authorized,
supervised and adequately patrolled regatta, speed
trial or exhibition.
(2)
The operators of Law Enforcement or rescue vessels
or vessels operating under emergency conditions
shall be exempted while conducting official duties
or operating under emergency conditions.
(3)
Commercial fishing vessels are exempted while
conducting fish netting operations, provided the
operations are conducted in a safe and prudent
manner and in accordance with Section Six (B),
Vessel speed not to exceed reasonable speed under
existing conditions. Under no circumstances,
however, shall commercial fishing vessels be
operated at greater than idle speed within five
hundred feet (500 feet) of bathers.
SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS~ EQUIPMENT.
RENTALS AND VENDORS ON THE BEACH AND ADJOINING
WATERS
The safety and welfare of the persons that reside nearby the
County's beach areas and of the public that recreate on the beach
and adjoining waters makes necessary and appropriate the
following regulations:
A. Beach Vendor Permit Requirement. Any person engaged in
the rental, leasing, bailment for consideration, or otherwise
providing transportation for remuneration, of motorized or
wind-driven vessel(s) for use by the public on the beach or
adjoining waters of Collier County, including Jet skis and
sailcraft, shall be required to obtain a "Beach Vendor Permit"
from the County. A Beach Vendor Permit shall issue and be
maintained upon the applicant paying such application fee
therefor as established by the County by resolution and meeting
the following requirements:
(1)
The applicant must have an operations office or
headquarters located at a land-based location with
direct access to the beach in the immediate area
where the vessels are being provided for public
use.
(2)
The applicant must have and maintain a telephone
or marine radio at its land-based operations
office.
(3)
The applicant must have a motorized chase boat
with operational marine radio in good running
condition that meets all U. S. Coast Guard safety
requirements kept at vessel rental site during all
hours of applicant's rental operations.
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(4)
The applicant must have and maintain comprehensive
general liability insurance with coverage not less
than the amount of $500,000.00 combined Single
Limits.
(5)
The applicant shall provide a list describing and
indicating the Florida vessel registration number
of each motorized vessel applicant shall place in
service. Any motorized vessel placed in service
for public use after a Beach Vendor's Permit has
issued shall have a Florida vessel registration
number affixed thereon.
(6)
The applicant shall provide proof of having
minimally one operational life vest for each
occupant space on each of the vessels to be
offered for public use under Section Seven of this
Ordinance.
The applicant is required to obtain a County occupational
license for its operations office required under Section Seven of
this Ordinance. To obtain an occupational license, the applicant
must provide proof of having a current, valid Beach Vendor's
Per~tt.
B. Beach Vendor Permittee / Vessel User Regulations.
(1)
Tho rental or operation of a motorized vessel
subject to the provisions of Section Seven of this
Ordinance is prohibited to anyone under sixteen
(16) years of age except for those children
between twelve (12) and sixteen (16) years of age
who may operate such vessel provided that the
child's parent or an adult supervisor over the age
of twenty-one (21) years operates another such
vessel to accompany the child. It shall be a
violation of this Ordinance for any person to
rent, lease or otherwise provide for money or
money's worth a motorized vehicle to anyone except
as provided herein.
(2)
The renter, user, passenger of or on any vessel
described in Section Seven shall have on board an
operational life vest while using or having such
vessel in the water, and it is a violation of this
Ordinance for any such per,on(s) using such
vessel not to have a life vest on board.
SECTION EIGHT: PENALTY
Any owner, operator, or person in command of any vessel or
aircraft or any other person who violates the provisions of this
Ordinance or fails to comply with the requirements of this
Ordinance shall be guilty of a misdemeanor and, upon conviction
thereof, shall be fined or imprisoned, or both, as provided by
law, and in addition shall pay all costs and expenses incurred in
the prosecution of such violation. In. addition, and as as an
alternative means of enforcement, Collier County may enforce the
provisions or requirements of this Ordinance by means of any
available civil remedy before the appropriate Code Enforcement
Board or in a court of competent Jurisdiction.
SECTION NINE: ENFORCEMENT
The provisions of this Ordinance shall be enforced by
members of any duly authorized law enforcement agency or officers
having Jurisdiction in Collier County, Florida.
SECTION TEN: REPEAL OF ORDINANCE NO. 81-11 AND NO. 85-6
This Ordinance supersedes and repeals Collier County
Ordinances No. 81-11 and No. 85-6.
SECTION ELEVEN: 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
~ffect the validity of the remaining portion.
SECTION TWELVE: EFFECTIVE DATE
This Ordinance shall take effect upon receipt of notice from
the Secretary 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 28th day of _.~h2~.~Y__, 1989.
ATTEST} ....
JAMES C..GILE~, Clerk
~P~roved as to form and
legal sufficiency:
Assistant County ~orney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
STATE OF FLORIDA
COUNTY OF COLLIER
I, JAMES C. OILES, Clerk of Courta in and for the
Twentieth Judicial Circuit, Collier CountT, Florida, do
hereby certify that the foregoing ts a true copy of:
Ordinance No. 89-11
which was adopted by the Board of County Comm~aalonera on the
28th day of February, 1989, during Regular Sesoion.
WITNESS my hand and the official sea! of the Board of
County Coulesionere of Collier County, Florida, this ?th
day of March, 2989.
JAMES C. OILES
Clerk of Courts and Clerk
Ex-officio to Board of
County Commissioners
Deputy Clerk