Ordinance 74-31ORDINANCE NO. _74-31
.AN ORDINANCE AMENDING ORDINANCE NUMBER 72-5,
SECTION 30-1 OF THE COLLIER COUNTY CODE, TO
PROHIBIT THE OPERATION OF ANY }LAND, ANIMAL,
MOTOR OR ENGINE DRIVEN, POWERED OR PULLED
VEHICLE ON, IN OVER OR ACROSS ANY GULF BEACH,
SAND DUNE OR GULF SHORE VEGETATED AREA OF
COLLIER COUNTY, PROVIDING DEFINITIONS, EXCEP-
TIONS, PENALTY, SEVERANCE, CONSTRUCTION CLAUSES
AND AN EFFECTIVE DATE.
WHEREAS, the operation of vehicles upon beaches and sand dunes
is a hazard to safety and inconsistent with and destructive of the
value and use of beaches and sand dunes.
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, recreational and aesthetic
value to the visitors, citizens and landowners to and of Collier
County, and
WHEREAS, sand dunes inhibit adverse beach erosion, stabilize
a'nd nourish gulf beaches and are highly susceptible to degradation
and destruction, and improper development will cause such degradation
and destruction causing deterioration of this valuable resource and
irreversible economic, recreational and aesthetic loss to landowners,
citizens, and visitors, and
WHEREAS, the value of this resource, if not degraded, shall
continue to increase, and
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COmmISSIONERS
OF COLLIER COUNTY, FLORIDA that Ordinance Number 72-5 be and is hereby
amended and the Collier County Code Section 30-1 revised to read as
follows:
"Sec. 30-1. Unlawful to Drive on Sand Dune or Beach o:
Disturb Sand Dune. ~
It shall be unlawful for any person, association, firm~oz~r -~=-
tion or institution;
a. To operate or cause to be operated a hand, animal,
or engine driven wheel, track, or other vehicle or impleme~n~over
or across any part of the sand dune, hill or ridge nearest~ ~lf,
or the vegetation growing thereon or seaward thereof, or to operate
or drive such a vehicle on the area seaward thereof, co--only referred
to as "the beach" within Collier County, Florida, or
b. To alter or cause to be altered any sand dune or the vegetation
growing thereon or seaward thereof; make any excavation, remove any materia~
trees, grass or other vegetation or otherwise alter existing ground ele-
vations or condition of such dune without first securing a. permit as pro-
vided for in this Ordinance.
c. Definitions= (1) The term vehicle, for the purposes of this
Ordinance, shall include but not be limited to any truck, bulldozer,
tractor, automobile, motorcycle, dune or swamp buggy, motor bike, go-
cart, pan, or trailer of any type, horse'drawn cart or wagon, travel 6r
camping trailer, coach or mobile home.
(2)
For the purpose of this .Ordinance a "sand dune" is the
mound or dune of sand typically formed' along and landward of the fine
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 he the
average of the lines of vegetation on each side of the area to he
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 fill, turf or other artificial changes in
the natural vegetation or elevation.
d. Exceptions; Certificate; Permit for Construction:
1) Sheriff, City, State and Federal Police and Game and
Fish Commission vehicles operated or authorized by officers of these
departments operating under orders in the normal course of their duties'
shall be exempt from the provisions of this Ordinance.
2) Vehicles which must travel on the beaches in connection
with maintenance, conservation and/or environmental work shall be
exempt if an exemption certificate has been obtained from the Board
Of County Commissioners of Collier County, Florida, and said exemption
certificate is prominently displayed on the windshield of such vehicle.
The procedure for obtaining such an exemption certificate shall be by
application to the Commission in writing stating the reason or reasons.
why it is necessary for such vehicle or vehicles' to be operated on
the beaches in connection with a maintenance, conservation and/or
environmental purpose, and exemption c~rtificate for such vehicle or
vehicles shall be issued by the Board of County Commissioners if the
Board is satisfied that a lawful and proper maintenance, conservation
and/or environmental purpose will be served thereby.
3) Baby buggies (perambulators), toy vehicles, toy wagons,
and wheelchairs or similar device, to aid disabled or non-ambulatory
persons. ~
e. Prior to be~tnnin~ construction in proximity 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 allow construction and
related activity seaward of such fence. Each permit for such work shall
clearly indicate the provisions of this Ordinance and the protective
measures to be taken.
SECTION ONE:
1. Penalties. Any person violating any provision of this
Ordinance 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.
2. Severability: If any section, subparagraph, sentence, clause
or portion of this Ordinance is for any reason held invalid or uncon-
stitutional by any court of competent jurisdiction, such portion shall
be deemed separate' and such holding shall not affect the validit~ of
the remaining portion.
3. Construction: The provisions of this Ordinance shall be
deemed an exercise of the police power of Collier County for the
protection of th% public health, safety and welfare and therefore
shall be liberally construed to accomplish that purpose and implement
the legislative intent and declaration.
4. Effective Date:
upon becoming law.
ATTEST:
MARGARET T. SCOTT
Clerk of Circuit Court
Deputy Clerk
This Ordinance shall become eeffectiva
BOARD OF COUNTY COMMISSIONERS
COLLIER CO~TY, FLORIDA
'Approved as'to form and lega%ity~
Collier County Attorney