Ordinance 82-037 ORDINANCE 82- 37
AN EMERCENCY ORDINANCE RELATING TO TIlE REMOVAL,
~: ,SALe, PLANTING AND TRANSPORTATION OF EXOTICS; BY ''DE'~INING EXOTIC SPECIES; AND PEOV'IDING FOR AN
'.EFFECTIVE 2.~ATE:
, '/
I~EREAS, the Environmental Advisory Council
County Co~iss~onerd~ adopt regulations concerning Exotic Vegetation,
and
WHEREAS, the Board of County Commissioners did adopt Ordinance 79-73
on September 25, 1979, which amended the Zoning Ordinance 76-30, and
WHEREAS, the Exotic Vegetation Section was inadvertently left out
of the new zoning ordinance adopted January 5, 1982, and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
A. Exotics: Brazilian pepper (Schinus terebinthifolius) and
Melaleuca (Melaleuca leucedendra), hereinafter referred to aa
exotics, interrupt the natural vegetation succession in Collier
County and eliminate such species as cypress, slash pine and
mangroves.
B. Removal of Exotics: It shall be unlawful for any person,
developer, organization, society or association, except as herein-
after exempted or excepted, to improve any lands without first
removing any and all "exotics" occupying such lands. Removal of
exotics shall be required during the initial clearing of each ~evel-
opment phase or phases. Verification of such removal shall be to
the satisfaction of the Director.
Ce
Sale! Plantin~ and Transportation of Live Exotics: It shall be
unlawful for any person, organization, society or association to
engage in the sale, planting or inter-county transportation of live
exotics and seeds thereof.
D. Exemptions: No verification or removal of exotics shall be
required for the following:
(1) Lands presently zoned and platted for or being used
a conforming or non-conforming single family residen~al
use,
(2) Agriculturally zoned lands.
SECTION TWO: Penalties
Any person who violates the provisions of this Ordinanc~ ahal~e [~
subject to prosecution in the manner prescribed by general la~O; end'on
conviction, such person shall be subject to a fine, imprisonment, or
both fine and imprisonment as provided by general law.
SECTION THREE: Conflict & Severability
A. In the event this Ordinance conflicts with other applicable
law, the more restrictive shall apply. If any portion of this Ordinance
015 7,1.'
is in conflict with an ordinance of any municipality within Collier
County, it shall not be effective within the municipality to the extent
of such conflict.
B, 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 and independent provision of such holding and shall
not affect the validity of the remaining portion thereof.
SECTION FOUR: ~The County Manager or his designee ia hereby empowered to
enforce the provisions of this Ordinance.
SECTION FIVE: Declaration of Emergency and' Effective DaCe.
This Board does hereby declare that an emergency exists and that
im~ediate enactment of this Ordinance is necessary, and by no less than
four-fifths (4/Sth) vote of the membership of the Board does hereby waive
notice of intent co consider this Ordinance.
A certified copy of chis Ordinance, as enacted, shall be filed by
the Clerk of the Board with the Department of the State of
Florida, as soon after enactment ss is practicable by depositing the same
with the postal authorities of the government of the United States by
certified mail, postage prepaid, to the Florida Department of State.
This Ordinance shall become effective upon becoming law. Passed and
duly adopted by the Board of County Co~nissioners of Collier County,
Florida, this 25th day of May, 1982.
ATTEST~./W2L~IAM J~AGAN, CLERK
BOARD OF COUNTY COMMISSIONERS
C.R. "~US5~' WIMER, CtLAIR~N
This ordinance filed with the Secretary of
State's Office the 4th day of June, 19J2
and acknowledgement of that filing received
this 9th day of June, 19d2.
BY: 'ep~u'ty Cl,erk -
STATE OF FLORIDA )
COUNTY OF COLLIER' )
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of:
ORDINANCE NO. 82-37
which was adopted by the Board of County Commissioners
during regular Session May 25, 1982, via Emergency procedures.
WITNESS my hand and the official seal of the Board
of County Commissioners of Collier County, Florida, this
25th day of May, 1982.
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-officio to Board of
County, Com~nissioners %L~,~
Oe~y Clerk' ~ ~