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Agenda 05/25/2010 Item #16D 8 Agenda Item No. 1608 May 25,2010 Page 1 of 6 EXECUTIVE SUMMARY Recommendation to approve and authorize staff to advertise the attached proposed ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" to be presented at a later Board meeting following advertisement for fmal approval. Obiective: To provide regulations relating to public parks and beach access parking areas. Considerations: Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation. These areas are now being used for commercial overflow parking and private uses which is contrary to the intended public use. The proposed ordinance provides regulations relating to the public parks and beach access parking facilities to preserve their intended benefit which is to provide adequate public park and beach access parking for Collier County citizens and visitors. On April 21, 2010 the Parks and Recreation Advisory Board approved the parking ordinance. Fiscal Impact: There is no Fiscal Impact associated with this resolution. Growth Mana!!ement Impact: There is no Growth Management Impact associated with this action. Le!!al Consideration: This item has been reviewed and approved by the County Attorney's Office and is legally sufficient for Board action.- CMG Recommendation: Recommendation to approve and authorize staff to advertise the attached proposed ordinance entitled "Collier County Public Parks and Beach Access Parking Ordinance" to be presented at a later Board meeting following advertisement for final approval. Prepared bv: Murdo Smith, Region] Manager, Parks and Recreation Item Number: Item Summary: Meeling Date: Agenda Item No. 1608 May 25.2010 Page 2 of 6 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS 1608 Recommendation to approve and authorize staff to advertise the attached proposed ordinance entitled Collier County Public Parks and Beach Access Parking Ordinance to be presented at a later Board meeting following advertisement for final approval. 5/25/2010 9:00:00 AM Date Approved By Barry Williams Public Services Division Director ~ Parks & Recreation Parks & Recreation 3/30/201012:57 PM Date Approved By Colleen Greene County Attorney Assistant County Attorney County Attorney 4/26/2010 2:40 PM Date Approved By Kathy Carpenter PubliC Services Executive Secretary Public Services Admin. 4/28/20109:39 AM Date Approved By Marla Ramsey Public Services Division Administrator ~ Public Services Public Services Division 5/12/20108:52 AM Date Approved By OMB Coordinator County Manager's Office Office of Management & Budget 5/12/201010:39 AM Date Approved By Sherry Pryor Office of Management & Budget Managementl Budget Analyst Senior Office of Management & Budget 5/13/201011:23 AM Approved By Date Leo E. Ochs, Jr, County Managers Office County Manager County Managers Office 5/15/20104:32 PM Agenda Item No. 1608 May 25, 2010 Page 3 of 6 ORDINANCE NO. 2010 - AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ESTABLISHING REGULATIONS RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; PROVIDING FOR LIMITATIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 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 regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation; and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit, which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the '"Collier County Public Parks and Beach Access Parking Ordinance." Page 1 of4 Agenda Item No. 1608 May 25. 2010 Page 4 of 6 SECTION TWO: Purpose and Intent. The purpose of this Ordinance is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Public Parks and Beach Access Parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing a 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 not utilizing a public park or beach during the hours from dawn to dusk. SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution. A The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this Ordinance in an effort to protect the public's ability to access the public parks and beaches of Collier 'County as well as to aid in the implementation of the conditions set forth in this Ordinance. B. Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. C. Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted Page 2 of 4 Agenda Item No. 1608 May 25, 2010 Page 5 of 6 specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance shall be deemed to be charged with a noncriminal violation. The civil penalty shall be assessed consistent with Collier County Ordinance No. 80-47, as amended, and section 318.14, Fla. Stat. The distribution of fines and provisions for late payment penalties shall be in accordance with Ordinance No. 80-47, as amended. SECTION SEVEN: 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. 1f any court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in the Code of Laws and Ordinances. The provisions ofthis Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, FlOlida. 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 NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of 4 Agenda Item No. 1608 May 25,2010 Page 6 of 6 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this _ day of ,2010. ATTEST: DWIGHT E. BROCK, CLERK BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: , Deputy Clerk By: FRED W. COYLE, CHAIRMAN Approved as to form and legal sufficiency: Jeffrey A. Klatzkow County Attorney Page 4 of 4