Ordinance 2015-12 ORDINANCE NO. 2015 - 1 2
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO.
2005-44, AS AMENDED, WHICH REGULATES AND CONTROLS
LITTER, WEEDS, AND EXOTICS WITHIN THE UNINCORPORATED
AREA OF COLLIER COUNTY, SPECIFICALLY AMENDING
SECTION FOUR, "DEFINITIONS," IN ORDER TO DEFINE AND
REGULATE THE COMPOSTING OF ORGANIC MATERIALS ON
RESIDENTIAL PROPERTY; PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT
AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties
to provide for the health, welfare and safety of existing and future residents of the County by
enacting and enforcing zoning regulations necessary for the protection of the public; and
WHEREAS, on September 13, 2005, the Board of County Commissioners (Board)
adopted Ordinance No. 2005-44, the "Collier County Litter, Weed, and Exotics Control
Ordinance," to secure the public safety, health and general welfare through clean and sanitary
property, free from wind-blown debris and materials; and
WHEREAS, the Board subsequently amended Ordinance No. 2005-44 through its
adoption of Ordinance No. 2009-08, intended to streamline the nuisance abatement process,
clarify certain definitions, and revise provisions relating exemptions; and
WHEREAS, the Board desires to further amend Ordinance No. 2005-44, as amended,
in order to regulate the practice of composting organic materials on residential property.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENTS TO SECTION FOUR OF ORDINANCE NO. 2005-
44,AS AMENDED.
Section Four of Ordinance No. 2005-44, as amended, is hereby amended by adding the
definition for "Compost Pile," as set forth below. All subsequent definitions in this section
shall be renumbered accordingly.
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SECTION FOUR: Definitions.
When used in this Ordinance, the following words, phrases or terms shall have the
following meanings, unless the content clearly indicates otherwise:
* * * * * *
3. COMPOST PILE. A pile, mound of heap (whether on the ground or in a container or
structure) consisting solely of on-site organic materials that are intentionally collected to create
a compost material for gardening purposes. Composting is permitted on any residential or
estates property and is specifically excluded from this ordinance provided that (1) the compost
site is located in the rear-yard and is at least 10 feet from any property line; (2) all generated
compost is for use on-site; (3) no materials are generated off-site; and (4) that the composting
activities be conducted in such a manner as to not create a foul odor, attract vermin, or
otherwise creates a public nuisance.
* * * * * *
SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws
and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered
or re-lettered to accomplish such, and the word "ordinance" may be changed to "section,"
"article," or any other appropriate word.
SECTION THREE: CONFLICT AND SEVERABILITY.
In the event this Ordinance conflicts with any other Ordinance of Collier County or
other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance
is 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 remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall take effect upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by a vote of a majority of the Board of County
Commissioners of Collier County, Florida, this Z Yc-1ri day of LciY, , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
t By:,` ®� - _111 _ `C • By: / e,,am
� 4 e_...
» ,+qty Clerk TIM NANCE , CHAIRMAN
A .sta ' e, 1,
si nata t.l. _.
Appro ed l •- +i nd legality:
411 -
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Jeffrey ; . ;atzkow
County • F•;ney
This ordinance filed with the
etary of s ffice ter
doy of_ _l(Jb
and acknowledgem that
fil;�; re -. -. •' � day
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3
sll 'Ifi-
FLORIDA DEPARTMENT of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
February 2, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Ann Jennejohn, Deputy Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 15-12, which was filed in this office on February 2, 2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us