Agenda 03/24/2015 Item #17B 3/24/2015 17.B.
EXECUTIVE SUMMARY
Recommendation to adopt an Ordinance amending Ordinance No. 89-11, adding criteria
specifically for "Key Island" to provide for consistency in activities allowable by local law and
Florida Administrative Code.
OBJECTIVE: To provide uniform regulations and consistent enforcement of various activities on Key
Island (Keewaydin).
CONSIDERATIONS: The Parks and Recreation Department was approached by the Collier County
Sheriff's Office (CCSO) regarding inconsistencies between Collier County Ordinance No. 89-11 (the
Collier County Beach and Water Safety and Vessel Control Ordinance) and Florida Administrative Code
(FAC) with respect to allowable and prohibited activities on barrier islands. Collier County Ordinance
No. 89-11 prohibits certain activities on beaches within Collier County including open fires, camping, and
leashed or unleashed animals. Within the Ordinance, Section Three "Applicability" currently includes
"Key (or Keewaydin) Island" as one of the barrier islands subject to enforcement of these prohibitions.
Florida Administrative Code 18-23.007, however, allows for open fires in designated spaces, camping in
designated spaces, and leashed animals on the beach. (Both the sets of regulations prohibit unleashed
domestic animals, such as dogs, on the beach; but only the FAC allows for leashed dogs on the beach.)
Two law enforcement agencies have jurisdiction and presence on Keewaydin Island: CCSO and the
Florida Fish and Wildlife Conservation Commission (FWC). CCSO has authority to enforce both local
ordinances and FAC, while FWC enforces FAC only. The inconsistencies in the regulations described
above created potential conflict within and between the enforcement practices of the two agencies.
On March 8, 2011, staff presented a proposed amendment to Ordinance 89-11, to strike the reference to
Key Island in the Applicability section, thereby eliminating the inconsistency with FAC (Item 1OF). At
that time, the Board directed staff to make contact with stakeholders and homeowners on Key Island and
to clarify an issue about animals on leashes.
A large portion of the island is owned the State of Florida and operated by Rookery Bay National
Estuarine Research Reserve, and several parcels of land are owned and managed by the Conservancy of
Southwest Florida. Several other parcels are owned by private individuals (see attached maps).
Since March 2011, Parks and Recreation staff has consulted and worked with CCSO, Rookery Bay, the
Conservancy, and FWC to determine the best way to resolve the potential conflict while protecting
landowners' interests. CCSO supports this Ordinance amendment. In addition, Rookery Bay and the
Conservancy have reached out to JP VanDongen, the Keewaydin Homeowners' Association President.
Rookery Bay staff has also provided an informational email to inform other homeowners on the island
regarding the implications of this change(see attachment).
Representatives of the Conservancy, Rookery Bay, CCSO, and Parks and Recreation and members of the
Keewaydin Homeowners Association attended a public meeting at the City of Naples Council Chambers
on February 12, 2015. At the meeting, there was consensus to change the local Ordinance to reflect
uniformity with the Florida Administrative Code. However, the parties preferred to retain Key Island in
the Authority section of Ordinance 89-11 and add language to the Ordinance that essentially mirrors the
Florida Administrative Code regarding barrier islands. This maintains local control of activities on
Keewaydin while eliminating the inconsistencies. The proposed amendment as presented reflects this
preference.
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3/24/2015 17.B.
FISCAL IMPACT: There is no fiscal impact aside from the advertising costs, which have been paid for
out of the General Fund(001)Beach and Water cost center.
GROWTH MANAGEMENT IMPACT:None.
LEGAL CONSIDERATION: The language from the Florida Administrative Code has been included in
the proposed Ordinance with the exception of regulations pertaining to firearms. The County is
preempted from regulating firearms. This item has been reviewed as to form and legality and requires
majority vote for approval. —CMG
RECOMMENDATION: That the Board of County Commissioners adopts an Ordinance amending
Ordinance No 89-11, adding criteria specifically for "Key Island" to provide for consistency in activities
allowable by local law and Florida Administrative Code.
Prepared by:Nancy E. Olson, Manager Beach and Water, Parks and Recreation
Attachments: 1)Advertisement, 2)Ordinance
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3/24/2015 17.B.
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.B.
Item Summary: Recommendation to adopt an Ordinance amending Ordinance No. 89-11,
adding criteria specifically for "Key Island" to provide for consistency in activities allowable by
local law and Florida Administrative Code.
Meeting Date: 3/24/2015
Prepared By
Name: BetancurNatali
Title: Operations Analyst, Beach &Water
3/9/2015 4:32:05 PM
Submitted by
Title: Division Director-Parks &Recreation, Parks &Recreation
Name: WilliamsBarry
3/9/2015 4:32:06 PM
Approved By
Name: AlonsoHailey
Title: Operations Analyst,Public Services Department
Date: 3/10/2015 11:28:18 AM
Name: WashburnIlonka
Title: Manager-Park Operations, Parks &Recreation
Date: 3/12/2015 8:24:08 AM
Name: BetancurNatali
Title: Operations Analyst, Beach &Water
Date: 3/13/2015 10:35:45 AM
Name: TownsendAmanda
Title: Division Director-Operations Support, Public Services Department
Date: 3/13/2015 4:48:06 PM
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3/24/2015 17.B.
Name: TownsendAmanda
Title: Division Director-Operations Support,Public Services Department
Date: 3/16/2015 8:37:25 AM
Name: GreeneColleen
Title: Assistant County Attorney, CAO General Services
Date: 3/17/2015 9:49:55 AM
Name: FinnEd
Title: Management/Budget Analyst, Senior, Transportation Engineering& Construction Management
Date: 3/17/2015 10:04:00 AM
Name: KlatzkowJeff
Title: County Attorney,
Date: 3/18/2015 8:26:53 AM
Name: OchsLeo
Title: County Manager, County Managers Office
Date: 3/18/2015 9:15:37 AM
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3/24/2015 17.B.
ORDINANCE NO. 2015 -
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89-11,
AS AMENDED, THE COLLIER COUNTY BEACH AND WATER
SAFETY AND VESSEL CONTROL ORDINANCE, SPECIFICALLY
SECTION FIVE, "REGULATION OF USE AND CONDUCT ON THE
BEACH," TO INCLUDE REGULATIONS SPECIFICALLY RELATING
TO KEY ISLAND; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on February 28, 1989, the Board of County Commissioners adopted
Ordinance No. 89-11, known as the "Collier County Beach and Water Safety and Vessel Control
Ordinance," which Ordinance was subsequently amended by Ordinance Nos. 89-86, 96-28, 97-
12, and 98-88; and
WHEREAS, the Board of County Commissioners desires to further amended Ordinance
No. 89-11, as amended, in order to incorporate regulations that are specific to Key Island.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. AMENDMENT TO SECTION FIVE OF ORDINANCE NO. 89-11,
AS AMENDED.
Section Five is hereby amended as follows:
SECTION FIVE: REGULATION OF USE AND CONDUCT ON THE BEACH.
A. Possession of glass containers prohibited. It shall be unlawful for any person while on the
beach or beach access areas to possess or utilize any glass bottle or container.
B. Restrictions on animals on beach. It shall be unlawful for any person owning or have
under his control any animal to permit such animal upon the beach, except guide dogs
accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired
persons shall be allowed on the beach at all times.
[14-PKR-004 87/1 1 56046/1] Page 1 of 3
Words underlined are added; Words struck through are deleted.
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3/24/2015 17.B.
P. Key Island.
(1) Prohibited Activities:
a. Hunting, harassing, possessing or trapping wildlife.
b. Use of animal trapping or concealment devices.
c. Admission of unleashed domestic animals, except those assisting the
handicapped.
d. Transplantation or removal of any plant or animal, or parts of plants or
animals (living or dead), except as provided herein.
e. Removal, disturbance, pollution or destruction of property, or natural or
cultural resources.
f. Solicitation or distribution of commercial materials and advertising of any
commercial event, other than Department materials or announcements of
Department-sponsored or sanctioned events and gatherings.
Possession of glass containers prohibited. It shall be unlawful for any person
while on the beach or beach access areas to possess or utilize any glass bottle
or container.
(2) Limited Activities:
a. Hiking, horseback riding, and bicycle riding shall be restricted to trails or
roads specifically designated for those activities.
b. Camping may be conducted only in designated areas.
c. Fires are allowed only in designated areas.
d. Visitors shall be responsible for the proper disposal of all waste-water, refuse
and trash by placing it in designated containers, if provided, or removed to an
off-site disposal facility or receptacle.
e. Vehicles are allowed only in areas designated as public access roads.
f. Motor vehicle or vessel operation in water bodies, wetlands, or low lying
areas located inside the boundaries of the Buffer Preserves is allowed only
where designated for such use with signs.
[14-PKR-00487/1 1 5 6046/1] Page 2 of 3
Words underlined are added;Words struck through are deleted.
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3/24/2015 17.B.
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 be effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk TIM NANCE, CHAIRMAN
Approved as to form
and legality:
Colleen M. Greene
Assistant County Attorney
[14-PKR-00487/1156046/1] Page 3 of 3
Words underlined are added; Words struck through are deleted.
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NOTICE OF INTENT TO CONSIDER ORDINANCE
3/24/2015 17.B.
Notice is hereby given that on Tuesday. March 24, 2015. in the Boardroom. 71*ci
i'loor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, iflortda, the Board of County Commissioners, will consider
tho ariactmortt oi a County Ordinance, The meeting will commenca at 9100 A„M,
The title of the proposed Cirdinarce is as follows:_
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO, 89- 11 , AS AMENDED, THE
COWER COUNTY BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE,
SPECIFICALLY SECTION FIVE, "REGULATION OF USE AND CONDUCT ON THE
BEACH," TO INCLUDE REGULATIONS SPECIFICALLY RELATING TO KEY ISLAND;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING
FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
A Copy of the proposed Ordinance is on fite tvith the Clerk to the Board and is
available for inspectiOn. All interes-ted parties are invited to attend and be heard.
NOTE: All p6rSons wishing to ,speak on any agenda. item must register with th
County administrator prior to presentation of the agenda item to be addressed.
tridividual speakers will be limited to 3 minutes on any item. The selection of an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
Publi c hearing. In any case, iiivrtten materials intended to be considered by the
toad shall be submitted to the appropriate County staff a minimum of s5.wen days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person hb decides to appeal a dec-"Liori of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
if you are a person with a disability who needs any accommodation in order to
particip i
ate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Manage,rnent
Department, located at 3335 Tarniami Tral Last, Suite *101 , Building W, Naples,
;lorida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in .the County Commissioners Offic. .
20 NO Of COUNTY CO M M[SS!ONE-1RS
COLLIER COUNTY, FLORIDA
TIM NANCE, CHAIRMAN
DWIGHT E. BROCK, CLERK
ay: Martha Vergara, Deputy Clerk
(SEAL) Packet Page -1156-
Mardi 11, 2015 No. 2051647
- 3/24/2015 17.B.
NAPLES DAILY NEWS O'Wedrie§day, March 11, 2015s31D
,+narcn i i 0, io,cvi
NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT TO CONSIDER ORDINANCE
Notice is hereby given that on Tuesday, March 24, 2015, in the Boardroom, Third
Floor, Administration Building, Collier County Government Center, 3299 East
Tamiami Trail, Naples, Florida, the Board of County Commissioners, will consider
the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDINANCE NO. 89.11, AS AMENDED, THE
COLLIER COUNTY BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE,
SPECIFICALLY SECTION FIVE, "REGULATION OF USE AND CONDUCT ON THE
BEACH," TO INCLUDE REGULATIONS SPECIFICALLY RELATING TO KEY ISLAND;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES;PROVIDING
FOR CONFLICT AND SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE..
A Copy of the proposed Ordinance is on file with the Clerk to the Board and is
available for inspection. All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the
County administrator prior to presentation of the agenda item to be addressed.
IndividUal speakers will be limited to 3 minutes on any item. The selection of,an
individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of 3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All material used in presentations before the Board
will become a permanent part of the record.
Any person who decides to appeal a decision of the Board will need a record of the
proceedings pertaining thereto and therefore, may need to ensure that a verbatim
record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
l of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite #101, Building W, Naples,
Florida 34112, (239) 252-8380. Assisted listening devices for the hearing impaired
are available in the County Commissioners'Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
TIM NANCE,CHAIRMAN
DWIGHT E.BROCK,CLERK
i By: Martha Vergara,Deputy Clerk
(SEAL)
! March ?T.; _ No 2051647
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