Ordinance 82-003ORDINANCE NO. 82- 3
AN ORDINANCE SUPERSEDING ANO REPEALING ORDINANCE 74-9;
PROHIBITING POSSESSION, SALE, IMPORTATION OR RELEASE INTO
ANY WATERS OF COLLIER COUNTY CERTAIN EXOTIC OR IMPORTED
FISH; PROVIDING FOR THE INTRODUCTION OF CERTAIN FISH UNDER
PERMIT FROM THE STATE GAME AND FRESHWATER FISH COMMISSION;
PROVIDING PENALTIES, SEVERABILITIES, CONFLICTS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the waters of Collier County are a valuable
recreational asset, and
WHEREAS, the Board of County Commissioners of Collier County
has determined that the release of certain foreign and exotic
fish into the waters of Collier County create the ~isk of an
ecological disaster which remains great in the absence of
suitable research findings.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA as follows:
Section One:
The possession, sale, importation or release into any waters
of Collier County of any of the following fish is prohibited:
1. White Amur or Grass Carp (Ctenopharyngodon idella)
2. Walking Catfish - Any member of the Clariidae family
(Clarias, Heterophneustes, Gymnallables, Channallables or
Heterobra,..-hus genera}
3. Piranha (Sersalmus, Rooseveltilla and Py.~pcent~s .---
genera)
4 Tilapia (Tilapia)
Section Two:
The Florida State Game and Fresh Water Fish CommiSsion has
recommended as a safe and useful aquatic plant management tool
the use of the Triploid Hybrid of the White Amur in enclosed
bodies of water, and said Commission issues permits for
individual bodies of water which ar~ subject to rules and
regulations controlling the distribution, quantity, and site for
the Triploid Hybrid of the White Amur.
Accordingly, the prohibitions contained in Section One shall
not apply to the introduction of the Triploid Hybrid of the White
Amur where such activities are conducted in accordance with the
terms of a validly issued and valid permit from said Commission.
Section Three:
If any section, subsection, sentence, clause, phrase or
portion of this Ordinance is for any reason held invalid or
unconstitutional by any court of competent Jurisdiction, such
portion shall be deemed a separate, distinct ~nd independent
provision and such holding shall not affect the validity of the
remaining portion hereof.
In the event this Ordinance confl~,ct~it~lthj~ther applicable
law, the more restrictive shall apply..~,,a~J:~ of thi.
Ordinance conflicts with any part, it sh'A%l'~e ~ev~ed and the
remainder shall have full force and effect and be liberally
construed.
Section Fours
A violation of any provision of this Ordinance shall be
prosecuted in accordance with general law in the namo of the
State in the County Court by the Prosecuting Attorney, and upon
conviction shall be punished by a fine not to exceed $500.00 or
by imprisonment in the County Jail not to exceed 60 days, or by
both such fine and imprisonment. Each violation and each day a
violation continues shall constitute a separate offense. The
Board of County Commissioners shall have the power to
collaterally enforce the provisions of this Ordinance by
appropriate Judicial Writ or proceeding notwithstanding any
prosecution as a misdemeanor.
Section Fivez
This Ordinance shall repeal and supersede Ordinance 74-9,
and shall amend those sections of the Collier County Code which
contain Ordinance 74-9.
Section Six:
This Ordinance shall take effect as provided by law.
PASSED AND DULY ADOPTED BY TFE BOARD OF COUNTY
COMMISSIONERS, COLLIER COUNTY, FLORIDA, on this ~t~day of
BOARD OF COUNTY COMMISSIONERS
Chairman
Approved as to form and
su~ficiency~...,-').
uonald A.-P-i'ckworth
Collier County Attorney
This ordinance filed with the Secretary of
State's Office the 19th day of January, 1982
and acknowledgement of that filing received
this 22nd day of January, 1982.
Deputy Clerk
8~^T~ OF FLORIDA
CCIJN1T OF COLLI~ }
I, WILLIAM J. BBAGAN, Clerk of Courts in ~nd £or tho T~ontieth
J~di~i~l Circuit, Collier County, Florida, do hereby certify that tile
foregoing is a true original of:
ORDIFAMCK NO, 82-3'
~tch ~as adopted by the Board of Count), Co~ssioners during P~ul~r
Sessio~/ January 12, 1982, .
~ITNBSSmyhand and the official seal of' the Board Of County
Commissioners of Collier County, Florida, this
January, 19~2. .
13th day of
SfILLIA%! J. REAC~N '
Clerk of Courts and Clerk
E~-officto to ~ard of
~ty ~issione~?,%%~ll~//~ .
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