Ordinance 74-09ORDINANCE NO....74-.9
AN ORDINANCE PRONIBITING POSSESSION
SALE, IMPORTATION OR RELEASE INTO
ANY WATERS OF COLLIER COUNTY CERTAIN
EXOTIC OR IMPORTED FISH; PROVIDING
PENALTIES, SEVERABILITIES, CONFLICTS
APPEALS ~D PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the Environmental Advisory Council of Collier County
is charged with advising the County Commissioners of Collier County
on matters which may affect the environmental quality of this County,
and
WHEREAS, the waters of Collier County are a valuable recreational
asset, and
~{EREAS, the Environmental Advisory Council of Collier County has
determined that the release of certain foreign and exotic fish into
the waters of Collier County create'the risk of an ecological disaster
which remains great in the absence df suitable research findings.
NOW, THEREFORE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA as follows:
The possession, sale, importation or. release.into any waters of
Collier County of any of the following fish is striptly prohibited:
1. White Amur or Grass Carp (Ctenopharyngodon idella)
2. Walking Catfish - Any member of the Clariidae family
(Clarias, Heterophneustes, Gymnallables, Channallabl_o~~ ~
or Heterobranchus genera) ~ -TI
ge~e~a) ~
If this Ordinance is in direct conflict with a General State Act
such General Act shall govern.
3. Piranha (Sersalmus, Rooseveltilla and Pygocentrus
4. Tilapia (Tilapia)
SECTION TWO: Conflict.
Severance.
In the event this Ordinance conflicts with other applicable law,
the more restrictive shall apply. If any part of this Ordinance
conflicts with any part, it shall be. severed and the remainder shall
have full force and effect and be liberally construed.
SECTION THREE: Penalty.
A violation of any provision of this Ordinance is a misdemeanor
and shall be' prosecuted in the name 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 prosecu-
tion as a misdemeanor.
SECTION FOUR: Appeals.
Appeals shall'be in accordance w~th the Collier County Code
of Laws and Ordinances, Chapter 28.
SECTION FIVE: Effective Date.
The provisions of this Ordinance shall become effective upon
receipt that this Ordinance has been filed with the Department of
State.
PASSED AND DULY ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, this 2ndda¥ of April , 1974.
· ~9J~%' ~, BOARD OF COUNTY COMMISSIONERS
.,~%, : ~ ~ ' OF COLLIER COUNTY, FLORIDA
''~ )'~'%~O'f%arcuit,,f,,i~.~/,F :-, Court CliffWf-Wonz~l, Chai~an
: ~i~/,:;- N .~ Approved as to form and legality:
"',.Y ~3~%%':' . · D~vid Emerson Brunet
Collier County Attorney
Original and duplicate mailed to the Secretary of State,
Certified Mail No. ZT/~0/~ this 3rd day Of ~e~, 1974.
April
Ben D. Drive~,'CPA
Fiscal Officer, Deputy Clerk