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Ordinance 85-06ORDINANCE NO. 85- 6 AN EMERGENCY ORDINANCE RELATING TO VESSEL CONTROL AND WATER SAFETY; PROVIDING FOR INTENT AND PURPOSE~ PROVIDING DEFINITIONS; PROVIDING FOR THE PROHIBITION OF THE OPERATION OF VESSELS IN EXCESS OF IDLE SPEED WITHIN A DESIGNATED DISTANCE OFFSHOR~ FROM ALL BEACHES AND SI{OREFRONT BATHING AREAS! PROVIDING THAT VESSEL SPEED SHALL NOT EXCEED REASONABLE SPEED UNDER EXISTING CONDITIONS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR EXEMPTIONS; PROVIDING FOR PENALTIES~ PROVIDING FOR CONFLICT AND SEVERABILITYI PROVIDING FOR bECLARATION OF EMERGENCY! AND PROVIDING AN EFFECTIVE DATE. W~EREAS, 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 from b~aches and shorefront bathing areas; and WHEREAS, it is necessary that the cpeed and operation of boats and watercraft ]scared 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; 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 t~e citizens of Collier County by the designation of specific areas within which the operation of vessels may be regulated or prohibited. It is further intended that this Ordinance be liberally construed to effect such intent and purpose. SECTION TWO: DEFINITIONS For the purposes of this Ordinance, the following words shall be defined as set forth below: "Vessel" means a motor propelled or artificially propelled vehicle and every other description of boat, watercraft, barge, and atrboat other than a ~eaplane on the water, used or capable of being ~sed a means of transportation on or in the water, ~hcluding Jet skis. "Person" means any individual, partnership, firm, ~orporation, association, or other entity. c.i;i~Operate" or "Operation" means to navigate or oo~herwise use any vessel in or on the water. de "Idle speed" maanl the lowest speed at which a vessel can operate and maintain steering control. ee 'Bather" means any person who is in the same water aea vessel, whether said person is swimming, wading or engaged in any other activity in the water. fe SECTION THREE~ "Bathing area" means any area in which bathers are located or may be located, whether or not designated by signs or other form of notification. OPERATION OF VESSEL'IN EXCESS OF IDLE SPEED PROHIBITED The operation of any vessel, in excess of idle speed, in or on all waters of the Gulf of Mexico within three hundred feet (300 feet) offshore from all sandy beaches and shorefront bathing areas adjacent to inhabited areas or populated areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether or not such area is desiq~ated by appropriate sign or notification. SECTION FOUR, VESSEL SPEED NOT TO EXCEED REASONABLE SPEED UNDER E×ISTING CONDITIONS Nothing contained in this Ordinance shall be construed to authorize or approve the speed of any vessel 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, bather~, fishermen, natural hazards or other water traffic. SECTION FIVE~ ENFORCEMENT The provisions of this Ordinance shall be enforced by members of any duly authorized law enforcement agency having Jurisdiction in Collier County, Florida. SECTION SIX: EXEMPTIONS The following shall be exempted from the provisions of this Ordinance: ae The provisions of this Ordinance shall not be construed to prohibit the operation, racing or exhibition of boats or other vessels during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial or exhibition. be The operators of Law Enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted from the provisions of this Ordinance while conducting official duties or operating under emergency conditions. .2 c. Commercial vessels ar~ exempted from the provisions of thiD ordinance while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and in accordance with Section Four, VESSEL SPEED NOT TO EXCEED REASONABLE SPEED UNDER EXISTING CONDITIONS. Under no circumatancee, however, shall commercial vessels be operated at greater than idle speed within three hundred feet (300 feet) of bathers. SECTION SEVENi PENALTY Any vessel owner, vessel opera{or, person in Command of any vessel, or any other person who violates the provisions of this Ordinance or fails to comply with the requirements of this Ordinance ~hall 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 expenDes incurred in the prosecution of such violation. In addition, and as an alternative means of enforcement, Collier County may enforce the provisions or requirements of this Ordinance by means of any available civil remedy in a court of competent Jurisdiction. SECTION EIGI{T~ 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 remaininq portion. SECTION NINE~ DECLARATION OF EMERGENCY This Board does hereby declare that an emergency exists and that immediate enactment of this Ordinance is necessary, and by no less than four-fifths (4/5the) vote of the membership of the Board does hereby waive notice of intent to consider this Drdinance. A certified copy of this Ordinance, as enacted, shall be filed by the Clerk of the Boa~d with the Department of State of the State o~ Florida, as soon after enactment as is practicable by depositing the same with the postal authorities of the government of the United States for special delivery by registered mail, postage prepaid, to the Florida Department of State. SECTION TEN z EFFECTIVE DATE This ordinanca shall bacome effactive as provided by law. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this ~ day of .January , 198~__. DATEDI J&nuary 1~, 1985 ATTEST ! /--) legal suffl~i~ '~n~ath.g. Cuyl~r ~ Als~'~t~nt County A[torney STATE OF FLORIDA ) BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA FREDERICK J. VOSS, Chairman Th~l orate flied with th~ Secretory of ~ate'm Offlc! Jh~ ~ oC~dgement of that COUNTY O£ COLLIER ) I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the fore~oin8 ia · true orillnal of: ORDINANCE NO. 85-6 which was adopted by the Board of County Comlssioners via emerBency prated'ira durin$ Regular Session the 15th day of January, 1985. I/II~ESS my hand and the official seal of the Board of County Co~lssioners of Collier County, Florida, this lSth day of Jnnuary, 1985. WILLIAM J. RXAGAN Clerk of Courts and Clerk Ex-officio to Board County Co~z~isstoners .