Ordinance 74-08ORDINANCE NO. 74- 8
AN ORDINanCE PROHIBITING THE OPERATION OF
VEHICLES UPON BEACH SAND DUNES; PROHIBITING
THE DAMAGE TO O~ REMOVAL OF VEGETATIO~
THEREON; PROHIBITING REMOVING ANY MATERIAL
FROM OR. ALTERING THE ELEVATION OF SAND DUNES;
PROVIDIMG EXCEPTIONS, PROVIDING FOR SPECIAL
CERTIFICATION, PROVIDING AN APPEAL, PROVIDING
SEVERANCE, CONFLICT AND PENALTY CLAUSES AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Collier County .Gulf Coast's highest and best use
is as a source of public and private recreation and one of the areas.
most important and valuable assets and resources of critical concern
for the future development of the County, and
WHEREAS, the recreational use, aesthetic value, and protection
of land provided by the delicately balanced beaches and dunes is a
primary resource of important economic, re6~eational and aesthetic
value to the visitors, citizens and landowners to and of Collier
County, and ~ ~
W]IEREAS, the value of this resource, i~ not degraded, ~_1~-- "~
continue to increase,, and
continue to increase, and ~?. ~ ~
WHEREAS, 'the value, of this resource, if not degraded,-~ --~1~'~1"1
continue to increase, and ~ :~: ~
WIIEREAS, sand dunes inhibit adverse beach erosion, sta~iz~
and nourish gulf beaches and are highly susceptible to degrade- .
tion and destruction, and improper development wi1.1 cause such
degradation and destruction causing deterioration of this valuable
resource and irreversible economic, recreational and aesthetic
loss to landowners, citizens, and visitors.
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF CC/NTY 'COMMISSIONERS
OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
Paragraph 1. of SECTION TWO of Ordinance 73-5 be and is hereby
amended by re-numbering the paragraph numbered "1.~ to read "l.a"
and by addition of the following subparagraph b.:
"b. Sand Dune ProteCtion.
1) For the purpose of this Ordinance a "sand dune" is
'the mound or dune of sand typically fo.r~ned along and landward
of the line of highest gulf wave action and where such line is
clearly defined and undisturbed typically forms the vegetation
line. In any area where there is no clearly marked vegetation
line it is considered to be the a~erage of the lines of vegetation
on each side of the area to establish a line of constant elevation
reached by the highest waves. Such line shall not be affected by
occasional sprigs of grass seaward of the dune or artificial fi!l,
turf or other artificial changes in the natural vegetation or
elevation.
2) It shall be unlawful to cause ~o be materially altered
a s~nd dune, or the vegetation growing thereon, such as by:
excavating; moving large amounts of sand or earth; trampling
a sand dune with construction or building equipment, or erecting
a footing, foundation, wall or by similar action without first
securing a permit by exception or variance from the Collier
County Board of County Commissioners as provided for hereinafter;
. 3) Prior to beginning construction in proximi~to a sand
dune for any purpose whatsoever, including conservation, a
temporary protective fence shall be installed a minimum of
ten (10) feet landward of the dune. It shall be unlawful
to cause or all6w construction and related activity seaward
of such f,nce. Each permit for such work shall clearly indi-
cate the provisions of this Ordinance and the protective
measures to be taken."
SECTION. TWO: Savings! Penalty and Effective Date.
1. This Ordinance is declared to be remedial in nature and
therefore shall be liberally construed, to effectuate its purpose.
If any provision of this Ordinance, or the application thereof,
is for any reason held invalid or unconstitutional by any court
of competent jurisdiction, such provision shall not affect any other
provision or application and shall not af~ct the validity of the
remaining portign hereof.
2. Any persbn violating any provision, of this Ordinan'6e
shall be guilty of a misdemeanor subject to punishment aS-provided
by .law. If such a violation is continuing, each day's violation
or separate act shall be a separate offense.
3. In addition any penalties incurred by violation of this
Ordinance, or other legal remcdy, the violator shall be required
to restore the dune area to its original condition including but
not limited to restoration of grade, indigenous trees, grasses and
other vegetation and materials to the natural condition.
SECTION THREE: Appeal.
Where any person shall be aggrieved by a decision of the
Board of County Co~nissioners, said aggrieved person may within
fifteen (15) days from the date of the disputed decision by the
Board of County Commissioners request a re-hearing of said Board.
In such event, said Board may in its discretion grant or deny
said request for re-hearing. If said request for re-hearing is
denied, the aggrieved person may appeal as otherwise ~rovided in
· general law.
THIS ORDINANCE shall become effective upon receipt of n~tice
that this Ordinance has be~n filed with the Florida Secretary of
.State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this ~th'day of. March , 1974.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to form and legality:
David Emerson Brunet
Collier County Attorney
Original and duplicate mailed to the Secretary of State, Certified
Mail No. . ~801~;~ on this ~th day of March , 1974.
Ben D.' Dri~o~, CPA ·
Fiscal Officer, Deputy Clerk ~0OK ~ ~ ~ ~O