Ordinance 2016-39 ORDINANCE NO.2016-3 9
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE 2010-29,
THE PUBLIC PARKS AND BEACH ACCESS PARKING ORDINANCE,
SPECIFICALLY SECTION FOUR "PUBLIC PARKS AND BEACH
ACCESS PARKING;" PROVIDING FOR CONFLICT AND
SEVERABILITY, PROVIDING FOR INCLUSION INTO THE CODE OF
LAWS AND ORDINANCES, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on July 27, 2010, the Board of County Commissioners (Board) adopted
Ordinance No. 2010-29, the Collier County Public Parks and Beach Access Parking Ordinance,
which provided in part that"Public Parks and Beach Access Parking is to be utilized solely for the
purpose of accessing public parks and beaches;"and
WHEREAS, questions have arisen whether beachgoers may also utilize complimentary
facilities, such as convenience retail establishments and/or eating places, to purchase such items
as suntan lotion or to partake of food and drink as part of the overall recreational opportunity that
the beach or park provides;and
WHEREAS, it was never the intent of the Board to prohibit park and beachgoers from
utilizing these complimentary facilities which enhance the recreational opportunities provided to
the general public; and
WHEREAS,the Board wishes to clarify its intent with respect to this ordinance.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA,that:
SECTION ONE: AMENDMENT TO SECTION FOUR OF ORDINANCE NO.2010-29.
Section Four of Ordinance No. 2010-29, titled"Public Parks and Beach Access Parking,"
is hereby amended as follows:
SECTION FOUR: Public Parks and Beach Access Parking.
Public Parks and Beach Access Parking is to be utilized solely primarily for
the purpose of accessing public parks and beaches. It shall be a violation of this
Ordinance for anyone to park in an area designated as "Public Park Parking" or
"Public Beach Access Parking" who is has not utilizged a public park or beach
during the hours from dawn to dusk.
Words Underlined are added;Words Stnisk-liwough are deleted.
Page 1 of 2
SECTION TWO: 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 this 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 THREE: 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 Ordinance of Collier County, Florida. The sections of the Ordinance may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida,this 1,5-\-\-\ day off,.r�,�,bc(--,2016.
ATTEST: . r, BOARD OF COUNTY COMMISSIONERS
DWIGHTsE.BROOK £lerk COLLIER COUNTY, FLORIDA
B �--, r: _ B
Y� IA Y
Depu Cl, k i DO_ A FIALA, CHAIRMAN
Attest as to Chairman s... ��.
signature only. -t,'*
Ap•',.v•• as o form and legality:
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This ordinance filed with tilt
� Secretary of State's Office th
aglair J1r�t day of :deanbe 2 I
Jeffre A atzkow and acknowledgement of thel
filing received this J.±_ doi
Coun , ' rey of NcvrW., Z '1
Oeputfr IAA
Words Underlined are added;Words ick hhro are deleted.
Page 2 of 2
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FLORIDA DEPARTME STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
November 17, 2016
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples,Florida 34101-3044
Attention: Martha Vergara, BMR Senior 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. 2016-39, which was filed in this office on November 17,
2016.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/1b
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us