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Ordinance 82-094ORDINANCe- NO. 82-94 NO. 7~-1~', AN ORDINAN(.I~ RI~I,Ai'ING ~O IILE POSSESSION AND USE OF CI.'.RTAIN I.:XI'I,O~I[VES, I~Y REVI'STNG TIlE USER PERMIT FEE AND BLASTER PERMIT FEE TO ACCURATELY ".'?~"~EP~'~I[E COST OF PROCESSING AND ADMINISTERING 'SUCH PE~ITS~ PROVIDING FOR CONFLICT AND SEVE~NCE; PROVIDiWO~'AN EFFECTIVE DATE. WIIEREAS, Collier County Ordinance No. 73-11, Section 4(d), authorizes a User Permit fee and a Blaster P~rmi{ fee of $1.00 per month or $10.00 per year; and WtlEREAS, it is necessary to increase the User Permit fee and Blaster Permit fee to accurately reflect the 'actual costs incurred in the processing and administering of the permits; NOW, TIIEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE~ Section 4 of Collier County Ordinance No. 73-11 shall be amended as follows: d., ~he County.~n~ineor or his designee is hereby tO issue 30-day or one-year User Permits and Blaster Pe~itS~l~ to persoos: 1. Who hold a User Permit and a Blaster Permit~ respectively~ .issued by the State of Florida as provided for in Chapter...552~ Florida Statutes~ and 2. Who.comply wi. th all requirements of this Ordinance. The foe for a User Permit or Blaster Permit shall be $45.00 for a 30iday permit and $200.00 for a one-year permit. Such permit foe shall be paid prior to the issuance of any permit. Word~ added are und~rl(ned. Words ~%~%eken-~h~e~h are deleted. e. Tho issuance of a User's I{lasting Permit shall not authorize blasting in any area where prohibited by zoning. regulations or other law, and shall be limited to the location designated in the application/ provided, however, that if the amount of explosives to be used at any one time, whether fired or detonated as a single charge or by delay series, .does not exceed the total explosive power or capacity of two (2) pounds of forty percent (40%) dynamite, the County Engineer is authorized to issue a blasting permit for the use of such amount.of explosives without the same being limited to a particular location; provided, further, that the firing, detonating or exploding of any quantity of explosives on or against a boulder, rock strata, stump, tree or other object, or on the ground surface or in the open air and not confined in a bore hole, or any blasting commonly referred to as mudcapping or adobe blasting, is prohibited unless upon application and the payment of the required fee a user is granted a special user's permit for each location where such blasting is to be performed. SECTION TWO: CONFLICT AND SEVERABILITY 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 and such holding shall not affect the validity of the remainder hereof. In the event this Ordinance conflicts with any other appropriate law, the more restrictive shall apply. If any part of this Ordinance conflicts with any other part, it shall be severed and the remainder shall have full force and effect and shall be liberally construed to effect the purpose hereof. SECTION TIIRI,Hql EFFECTIVE DATE This Ordinanca shall becom~ effective as provided by law. ENACTED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNT~, FLORIDA THIS 12th day of October, 1982. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA C. R. 'RUSS" WI~ER Chairman Approved as to for.m and BORT L. S~UNDBRS.: uounty Attorney STAT~ OF FLORIDA ) COUNTY OF COLLIER ) I, WILLIAM J. ~%GAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Oollier County, Flori~, do hereby certify that the forego, ing is a original of: ORDINANC~ NO. 82-94 which was adopted by the Board of County C~missioners during. Regular Session October 12, 1982. WITNESS my hand and the official seal of tho Board of County Ou~,~LSsioners of Collier County, Florida, this 13th day of October, 1982. Clerk of Courts and' Cle~'...',".,. ," Ex-officio to Boar~ Of" ."'. ' '"' County Cc~nission~rs' '"':" ~" BYvirgig~ mgri, Doputy~Verk .." This ordinance filed with the Secretary of State's Office the 18th day of October and acknowledgement of that filing received this /2nd day of October, 1982. I Deputy Clerk