Ordinance 2010-29
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~<). '~~ ~RDINANCE OF T:::~~E ~O~:~:~: COMMISSIONE~'~;"~~~~ 1;~O
~E6ZSt,o; LLIER COUNTY, FLORIDA, ESTABLISIDNG REGULATIONS><:<
- RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS ';,/ ..,'-/., ~~:J
BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF (.;>;;?~.
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PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; -Y
PROVIDING FOR LIMIT A TIONS ON PUBLIC PARKS AND BEACH
ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY
COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to
provide for the health, welfare and safety of existing and future residents of the county by enacting
and enforcing regulations concerning the use of property necessary for the protection and benefit
of the public; and
WHEREAS, Collier County currently provides parking lots and garages for public parks
and beach access intended to benefit those members of the public seeking recreation; and
WHEREAS, contrary to the intended public benefit of these public park and beach access
parking facilities, certain public parking garages and lots are being used for commercial overflow
parking and private uses; and
WHEREAS, the Board of County Commissioners desires to adopt regulations relating to
public parks and beach access parking facilities in order to preserve their intended benefit, which is
to provide adequate public park and beach access parking for Collier County citizens and visitors.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: Title.
This Ordinance shall be known and may be cited as the "Collier County Public Parks and
Beach Access Parking Ordinance."
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SECTION TWO: Purpose and Intent.
The purpose of this Ordinance is to provide, maintain and ensure the availability of parking
for those members of the public who seek access to Collier County public parks and beaches.
SECTION THREE: Applicability.
This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier
County, Florida.
SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing
public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area
designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a
public park or beach during the hours from dawn to dusk.
SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution.
A. The County Manager, or his designee, shall investigate and make recommendations to the
Board of County Commissioners concerning which areas to designate as Public Park
Parking or Public Beach Access Parking. Recommendations shall be in accordance with
the terms of this Ordinance in an effort to protect the public's ability to access the public
parks and beaches of Collier County as well as to aid in the implementation of the
conditions set forth in this Ordinance.
B. Upon the advice of the County Manager or his designee, the Board of County
Commissioners may, by Resolution, designate certain areas owned or leased by the County
as Public Park Parking or Public Beach Access Parking.
C. Upon the Board of County Commissioners enacting a Resolution designating certain areas
owned or leased by the County as Public Park Parking or Public Beach Access Parking,
such parking facilities, parking lots or portions thereof so designated shall be posted
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specifying the restrictions or prohibitions, as enacted by the Board of County
Commissioners.
D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence
of intent to go to the beach.
SECTION SIX: Penalty for Violations.
Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this
Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil
penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment
penalties shall be in accordance with Section 130-46, as it may be amended, of the Collier County
Code of Laws and Ordinances.
SECTION SEVEN: 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 court of competent jurisdiction holds any
phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION EIGHT: Inclusion in the 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 NINE: Effective Date.
This Ordinance shall become effective upon filing with the Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 27th day of July, 2010.
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By: ~..LW. ~
FRED W. COYLE, CHAIRMAN
ATTEST:
DWIGHT E" B~OCK, CLERK
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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 2010-29
Which was adopted by the Board of County Commissioners
on the 27th day of July, 2010, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 30th
day of July, 2010.
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DWIGHT E. BROCK
Clerk of .courts '~nr; Gt1~~k ,'.
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Ex-officio" to'~:Q).ar(r'o'f'
County Commi s-S.ibJ;;fe'i7s';
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By: Ann Jennej ohr:r,
Deputy Clerk