Agenda 10/27/2009 Item #16A 9Agenda Item No. 16A9
October 27, 2009
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EXECUTIVE SUMMARY
Recommendation that the Board of County Commissioners approves the proposal by
staff to develop and advertise for Board consideration an amendment to Ordinance No.
82 -3, as codified in Section 14 -2 of the Collier County Code of Laws and Ordinances, to
remove the prohibition against the possession, sale, importation or release (into County
waters) of Tilapia.
OBJECTIVE: To obtain Board approval of proposal made by staff to develop and advertise for
Board consideration an amendment to Ordinance 82 -3, to remove the present prohibition on
possession, sale, importation, or release (into County waters) of Tilapia.
CONSIDERATIONS: Current Collier County Code of Laws and Ordinances, Chapter 14,
Article I, Section 14 -2(a) prohibits the possession, sale, importation, or release into County
waters of certain fish, including Tilapia. The proposed amendment would remove the
prohibition with respect to Tilapia only (i.e., Section 14 -2(a) (4)). Given the fact that there are
bodies of water in Collier County in which Tilapia exist, it is impractical to enforce this
prohibition, which was originally made law in 1974.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
A- LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approves the proposal by
staff to develop and advertise for Board consideration an amendment to Ordinance No. 82 -3, as
codified in Section 14 -2 of the Collier County Code of Laws and Ordinances, to remove the
prohibition against the possession, sale, importation or release (into County waters) of Tilapia,
and to bring back said amendment at a future Board meeting.
PREPARED BY: Cristina Perez, Investigative Supervisor, Code Enforcement Department.
Agenda Item No. 16A9
October 27, 2009
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ORDINANCE NO. 2009-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 82 -3,
WHICH PROHIBITS THE POSSESSION SALE, IMPORTATION OR
RELEASE INTO ANY WATERS OF COLLIER COUNTY CERTAIN
EXOTIC OR IMPORTED FISH, BY REMOVING TILAPIA FROM THE
LIST OF PROHIBITED EXOTIC OR IMPORTED FISH; PROVIDING
FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION
IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, on January 12, 1982, the Board of County Commissioners (Board) adopted
Ordinance No. 82 -3, which prohibits the possession, sale, importation, or release into any Collier
County waters certain exotic or imported fish, including Tilapia; and
WHEREAS, since the adoption of Ordinance No. 82 -3, Tilapia have become prevalent in
Collier County waters, making the current prohibition difficult, if not impossible, to enforce; and
WHEREAS, the Board desires to amend Ordinance No. 82 -3 in order to remove Tilapia
from the list of prohibited exotic or imported fish.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION ONE OF ORDINANCE NO. 82 -3.
Section One is hereby amended to read as follows:
Section One:
The possession, sale, importation or release into any waters of the County of any of the
following fish is prohibited:
1. White Amur or Grass Carp (Ctenopharyngodon idella).
2. Walking catfish - Any member of the Clariidae family (Clarias, Heterophneustes,
Gymnallables, Channallables or Heterobranchus genera).
3. Piranha (Sersalmus, Rooseveltilla and Pygocentrus genera).
Words Underlined are added; Words o«....ek Thfa..gh are deleted.
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Agenda Item No. 16A9
October 27, 2009
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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 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 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
Ordinances of Collier County, Florida. The sections of the Ordinances 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 day of
ATTEST:
DWIGHT E. BROCK, CLERK
IC
, Deputy Clerk
Approved as to form
and legal sufficiency:
Jeff E. Wright
Assistant County Attorney
2009.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
Words Underlined are added, Words c.....ek Th_augl, are deleted.
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Agenda Item No. 16A9
October 27, 2009
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COLLIER COUNTY
-.. BOARD OF COUNTY COMMISSIONERS
Item Number: 16A9
Item Summary: Recommendation that the Board of County Commissioners approves the proposal by staff to
develop and advertise for Board consideration an amendment to Ordinance No. 82 -3, as
codified in Section 14 -2 of the Collier County Code of Laws and Ordinances, to remove the
prohibition against the possession, sale, importation or release (into County waters) of
Tilapia.
Meeting Date: 10/27/2009 9:00:00 AM
Prepared By
Marlene Serrano
Investigative Supervisor
Date
CDES
Code Enforcement
9/1612009 4:17:34 PM
Approved By
Community Development &
Joseph K. Schmitt
Environmental Services Adminstrator
Date
Community Development &
Community Development &
10/15/2009 6:38 PM
Environmental Services
Environmental Services Admin.
Approved By
Judy Puig
Operations Analyst
Date
Community Development &
Community Development &
Environmental Services
Environmental Services Admin.
10116!2009 1:12 PM
Approved By
Jeff Wright
Assistant County Attorney
Date
County Attorney
County Attorney Office
10/16/2009 2:42 PM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 10/16/2009 4:17 PM
Approved By
John A. Yonkosky Director of the Office of Management Date
County Manager's Office Office of Management & Budget 10/19/2009 12:01 PM
fi1e://C:\AgendaTest \Export\137- October 27, 2009 \16. CONSENT AGENDAA6A. COM... 10/21/2009