Agenda 12/01/2009 Item #17A
Agenda Item No. 17 A
December 1, 2009
Page 1 of 5
EXECUTIVE SUMMARY
Recommendation to approve an amendment to Ordinance No. 82-3, to remove the
present prohibition on possession, sale, importation, or release (into Connty waters) of
Tilapia, pursuant to the Board's October 27, 2009 direction.
OBJECTIVE: That the Board of County Commissioners (BCe) approve an amendment to
Ordinance No. 82-3, to remove the present prohibition on possession, sale, importation, or
release (into County waters) ofTilapia.
CONSIDERATIONS: At its October 27,2009 meeting, the BCC, upon staffs request, voted to
direct staff to bring back an amendment to Ordinance No. 82-3 (codified in Section 14.2(a)(4) of
the Code of Laws and Ordinances), to remove the prohibition on possession, sale, importation, or
release (into County waters) of Tilapia. The proposed amendment removes the prohibition with
respect to Tilapia only, by striking Section 1.4. of Ordinance No. 82.3 (as codified in Section
14.2(a)(4) of the Code of Laws and Ordinances). As indicated in the October 27th Executive
Summary, the fact that there are bodies of water in Collier County in which Tilapia exist makes
it impractical to enforce this prohibition, which was originally made law in 1974.
FISCAL IMPACT: There is no fiscal impact associated with this Executive Summary.
- LEGAL CONSIDERATIONS: This item is legally sufficient for Board action. -JW
GROWTH MANAGEMENT IMPACT: Therc is no Growth Management Impact associated
with this Executive Summary.
RECOMMENDATION: That the Board of County Commissioners approve a proposed
amendment to Ordinance No. 82.3, to remove the prohibition against possession, sale,
importation or release (into County waters) of Tilapia, as shown in the attached amended
Ordinance.
PREPARED BY: Marlene SeITano, Operations Manager, Code Enforcement Department
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Agenda Item No. 17A
December 1, 2009
Page 2 of 5
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
17A
Item Summary:
Recommendation to approve an amendment to Ordinance No, 82-3, to remove the present
prohibition on possession, sale, importation, or release (into County waters) of Tilapia, pursuant to
the Boards October 27, 2009 direction.
12/1/200990000 AM
Meeting Date:
Prepared By
Marlene Serrano Manager - Code Enforcement Operations Date
Community Development & Code Enforcement
Environmental Services 11/17/200912:35:49 PM
A pproved By
Judy Pulg Operations Analyst Date
Community Development & Community Development &
Environmental Services Environmental Services 11/17/20091 :45 PM
Approved By
Diane B. Flagg Director - Code Enforcement Date
Community Development &
Environmental Services Code Enforcement 11/17120095:23 PM
,..,- Approved By
Joseph K. Schmitt Administrator. Community Development Date
Community Development & Community Development &
Environmental Services Environmental Services 11f17!2009 5:32 PM
Approved By
Jeff Wright Assistant County Attorney Date
County Attorney County Attorney 11/18/20098:31 AM
Approved By
OMB Coordinator Date
County Attorney County Attorney 11/18120099:17 AM
Approved By
Jeff Klatzkow County Attorney Date
11/18/200910:02 AM
Approved By
Mark Isackson ManagementfBudget Analyst, Senior Date
Office of Management &
Budget Office of Management & Budget 11/19120098:26 AM
Approved By
.~ Leo E. Ochs, Jr. County Manager Date
County Managers Office County Managers Office 11/19120097:35 PM
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Agenda Item No. 17 A
December 1, 2009
Page 3 of 5
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 COWlty 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 COlF.\lTY, 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:
I. White Amur or Grass Carp (Ctenopharyngodon idella).
2. Walking catfish - Any member of the Clariidae family (Clarias, Heterophneustes,
Gymnallables, Channallables or I-1eterobranchus genera).
3. Piranha (Sersalmus, Rooseveltilla and Pygocentrus genera).
.
.
Words Underlined are added; Words Struck-:r],rough are deleted.
Page I of2
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Agenda Item No. 17A
December 1, 2009
Page 4 of 5
SECTION TWO: CONFLICT AND SEVERABILITY.
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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.
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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
,2009.
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
, Deputy Clerk
By:
DONNA FIALA, CHAIRMAN
Approved as to form
and I sufficiency:
.
Wright
ant County Attorney
Words Underlined are added; Words Struclt-+ltrough are deleted.
Page 2 on
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Agenda Item No. 17 A
December 1, 2009
Page 5 of 5
Naples DaUy News. Thunday, November 19, 2009. 5E
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NOTICE OF INTENT TO CONSIDER
ORDINANCE
Notice is hereby given that the Board
of County, Commissioners of Collier
County wIll hold a public hearing on
Tuesday, December 1, 2009 in' the
Bo~rqroom, 3rd' Floor. Administration
BUilding, Collier County Government
Center, 3301 East Tamiami Trail
N.aples, Florida. The meeting will, be~
gin at 9:00 A.M. The title of the pro-
posed 9rdinar"!ce is as follows;
AN ORDINANCE OF THE BOARD OF
COUNTY COMMISSIONERS OF COLLIER
COUNTY, FLORIDA, AMENDING ORDI-
NANCE NO. 82.3, WHICH PROHIBITS'
THE POSSESSION SALE, IMPORTATION
OR RELEASE INTO ANY WATERS OF
COLLIER COUNTY CERTAIN EXOTIC OR
IMPORTED FISH, BY' REMOVING TlLA-
PIA FROM THE LIST OF PROHIBITED
EXOTIC OR IMPORTED FISH; PROVID.
ING FOR CONFLICT AND SEVERABIUTY'
PROVIDING FOR INCLUSION IN' THE
CODE OF LAWS AND ORDINANCES'
AND PROVIDING FOR AN EFFEGIVE
DATE.
NOTE: AU .Per~ons wishing to speak
on any agenda Item murt register with
the C?unty Administrator pnor to pre-
sentation of the agenda item to be
~d~ressed. Individual speakers will be
limIted to 5 minutes on any item. The
.
.
.
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,
selection of an individual to speak art
behalf of an organization or group is
encouraged. If recognized by the
Chair, a spokesperson for a group or
organization may be allotted 10 min-
utes to speak on an item.
. .
Persons wishjn~ 'to "have written or
graphic materials, incfvded 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 re-
cord. .
Any person who decides to appeal a
decision of the Board will need are'
cord of the p~o(eedings pertaining
thereto and therefore, may need to
ensure that a verbatim record of the
proceedings is made, which record in-
cludes the testimony and evidence
upon which the appeal is based.
,
If you are a person with a disability':
who. needs any accommodation in or-' ,:
der to participate in this proceeding;~,;
you are entitled, at no cort to you, to
the provision of certain assistance.
Please contact the Collier County Fa.
cilities Management Department ~o.
cated at 3301 Tamiami Trail East,
Building W, Naples, Florida 34112"
_ (239) 252-8380. Assisted lirtening de-
,vices for the hearing impaired are
available in the County Commissioners'
OHice.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
DONNA FIALA:, CHAIRM:A.N
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL) ,
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