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Resolution 2002-262 178 ORDINANCE NO. 2002 .28 RESOLUTION NO. 2002. 262 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 95-67, AS AMENDED; ALSO BEING A RESOLUTION OF BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, ADOPTING RULES AND REGULATIONS OF THE COLLIER COUNTY AIRPORT AUTHORITY; TRESPASSES; CARRYING CONCEALED WEAPONS OR CONCEALED FIREARMS; PENALTIES; REFERRALS WITHIN COLLIER COUNTY GOVERNMENT: AUTHORIZING AIRPORT AUTHORITY EMPLOYEES TO REFER SUSPECTED VIOLATIONS FOR INVESTIGATION OR ENFORCEMENT TO OUTSIDE LAW ENFORCEMENT AGENCIES: PROVIDING FOR INCLUSION OF THIS ORDINANCE INTO THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Subsection 332.08(2)(a), Florida Statutes, expressly provides that each Florida Municipality (which by definition in Subsection 332.01(1), Florida Statutes, apparently includes (but in this specific context may not inclUde) every Florida County), may adopt rules, regulations and ordinances for management, governance, control and use of airport properties under the county's control, and to fix by ordinance or resolution such penalties as may be appropriate for violations of such adopted rules, regulations or ordinances, and to enforce those penalties in the same manner in which penalties prescribed by other rules, regulations, and ordinances of the Municipality and/or County are enforced; and WHEREAS, Subsection 332.08(2)(b), Florida Statutes, expressly provides that when a Florida County operates one or more airports, the county's regulations for the governance of the airport shall be by resolution of the Board of County Commissioners, notice of which may be published by publication once a week in a newspaper for four (4) consecutive weeks and that a violation of rules publiShed in that manner shall be a misdemeanor of the second degree as provided for in Section 775.082 or in Section 775.083, Florida Statutes; and WHEREAS, The Board of County Commissioners of Collier County, Florida, ("Board") desires that this document shall operate as such a Resolution and/or such an Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that SECTION ONE. New subsections are hereby added to Collier County Ordinance No. 95-67, as amended, which new sections comprise new Section 18-67 through new Section 18-71 of the Collier County COde of Laws and Ordinances. These new subsections read as follows: Sec. 18-67. Adoption of Rules and Regulations PreviOUSly Adopted by the Collier County Airport Authority. (a) The Board of County Commissioners, pursuant to Section 332.08, Florida Statutes, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"): (1) The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 11,2002 (17 pages). (2) The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Immokalee Underlined text is added; Struck-through text is deleted. -4 178 Regional Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). (3) The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Everglades Airpark, adopted by the Authority as revised on February 11, 2002 (17 pages). (4) The Collier County Airport Authority Minimum Standards for Commercial and Non-Commercial Aeronautical Activities at the Marco Island Executive Airport, adopted by the Authority as revised on February 11, 2002 (17 pages). (5). The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on February 11,2002 (42 pages). (6) The Collier County Airport Authority Leasing Policy adopted by the Airport as revised on February 11, 2002, (19 pages). (c) Subsection 332.08(2)(b), Florida Statutes, (authorizing enforcement of violations of such Rules and Regulations as a second degree misdemeanor') applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to Section 332.08, Florida Statutes, which may be by adoption of a Resolution of the Board subject to the four (4) weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means. (d) Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of any such Rule or Regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which authority to arrest without a warrant is authorized by subsection 901.15(1), Florida Statutes. Sec. 18-68. Trespass: Anywhere at Airport: Secured Areas. (a) It shall be a separate violation of this Ordinance for any individual to refuse to immediately and completely obey an oral order (instruction) to leave the airport, or to move his/her person to some other area of the airport, if the order 2 178 (instruction) is personally communicated to the individual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction. (b) It is a separate violation of this Ordinance for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this Ordinance shall subject each such trespassing individual(s) to arrest by a law enforcement officer without a warrant, on or off of the airport, as specified in subsection 901.15(15), Florida Statutes. The Collier County Airport Authority is hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this Ordinance irrespective of application of any Airport Authority Rule or Regulation. Sec. 18-69. Concealed Weapons; Concealed Firearms. Any individual not then authorized by applicable law to carry a concealed firearm or a concealed weapon into the passenger terminal of the airport, or into any sterile area of any Collier County Airport shall thereby violate this Ordinance and shall violate Subsection 790.06(12), Florida Statutes. The specified penalty for such violation is not less than a misdemeanor of the second degree, as specified in that statutory subsection. "Sterile area" is defined in that Statute as "the area of the airport to which access is controlled by the inspection of persons and property in accordance with federally approved airport security programs." However, provided such action or possession is not then prohibited by federal law, rule or regulation, that statutory provision does not prevent an individual from carrying any legal firearm into the airport terminal provided each such firearm is then encased for shipment for purposes of checking such firearm as baggage to be lawfully transported on an aircraft. No such "firearm or weapon" violation is a violation of this Ordinance because this field of regulation is wholly preempted to the State of Florida by application of Section 790.33, Florida Statutes. Sec. 18.70. Penalties: Referrals Within Collier County Government. (a) General Penalties; Continuing Violations. In this Ordinance the phase "violation of this ordinance" means any of the following (1) Doing an act that is prohibited or made or declared unlawful, or an offense, or a misdemeanor by ordinance, or by rule or regulation authorized by any Collier County ordinance. 3 178 (2) Failure to perform an act that is required to be performed by any Collier County Ordinance. or by Rule or Regulation authorized by any Collier County Ordinance. (3) Failure to perform any act if the failure is declared a misdemeanor or an offense, or otherwise unlawful or a violation by any Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance. (b) In this Ordinance, the phrase "violation of this ordinance" does not include the failure of a Collier County officer or a Collier County employee, or any officer or any employee of the Collier County Airport Authority, to perform a duty or responsibility. (c) Except as may otherwise be specifically provided with regard to the specific rule or regulation, an individual or entity convicted of a violation of any such rule or regulation, or of an independent violation of this Ordinance, may be punisbed by a fine not to exceed five hundred dollars ($500). and if the violator is an individual, by imprisonment in the County Jail for a term not to exceed sixty (60) days, or, if the violator is an individual, by both such fine and imprisonment. With respect to any violation of this Ordinance that is continuous with respect to time, each day the violation continues may be held by the respective forum (trier of fact) to be a separate offense or separate violation. (d) Imposition of a felony penalty, or any misdemeanor penalty, or any civil penalty, does not prevent or affect possible revocation or suspension of a license, permit, contract or franchise, or affect imposition of any other civil penalties, or affect imposition of any other administrative fines, action(s) or penalties by any enforcement forum whatsoever. (e) Violations of any such rule or regulation, and/or any independent violation(s) of this Ordinance. may be abated by injunctive or other equitable relief, and no bond shall be required from the County or from the Authority; Nor is proof of intent or scienter required by this Ordinance. No imposition of any fine or any other penalty shall prevent any equitable relief whatsoever. (f) Every alleged violation(s) of any of such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, for investigation and enforcement by any Collier County Code Enforcement Board, or with respect to any vehicle for hire, to the Collier County Public Vehicle Advisory Committee. All penalties then available to the referred to Board, Committee, or department may be applied to each respective violators). Sec. 18-71 Referral for Investigation or Enforcement) to Outside Law Enforcement Agencies. (a) Any suspected violation(s) of any of any such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, to any appropriate outside law enforcement department, entity. or 4 178 agency, for investigation and/or enforcement as a misdemeanor of the second degree as then punishable as such punishment is provided for in Section 775.082 or in Section 775.083, Florida Statutes. (b) Any officer or other employee of the Airport authority who suspects that a violation of any such rule or regulation is occurring or is being committed, the officer or employee is authorized to immediately notify the Collier County Sheriff's Department, Office, or substation, if in that officer's or employee's judgment an arrest or forcible restraint may be an appropriate response to the situation. (c) The Executive Director, and/or the Airport Authority, and/or the Airport Manager of the respective airport (or such Airport Manager's designee) may refer for investigation and enforcement any suspected violation of this Ordinance and/or any Airport Authority rule and/or regulation that may be a violation of any law, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, which may include the Federal Government or any agency or sub-part thereof. Also, such referral need not appear to be a violation of any Airport Authority rule or regulation or of any Collier County Ordinance. 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 portions. SECTION THREE. INCLUSION IN THE CODE OF LAWS AND ORDINANCES. This Ordinance shall be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or relettered to accomplish that result, and the word "Ordinance" may be changed to "Section," "Article," or any other appropriate word. SECTION FOUR. EFFECTIVE DATES. This Ordinance shall be effective upon filing with the Florida Department of State. The effective date of this Resolution shall be on the date adopted by the Board of County Commissioners. 5 178 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Flo.rida this -ll.t.hday of .1une ,2002. ........,.....,"'\\0\.\\\\ . _--- ~. ~,Mt."b 1\11 :lk~U .~..~;......li'/.'\, BOARD OF COUNTY COMMISSIONERS . ~;i.l'.:~."'~~"~ COLLlE~R CNTY ~L ~ ~.. . '\;L iC'" '~~t);'-"" .. 13f ~ ,. --"~ ;:"1:'- : L ; . By: ",'t" ?q:".Qep ." f . /'," ;- James N. Coletta, Chairman I \.~.. '. ......fIt..,;, ...,... ..lttest IS to Chi ''''40' S . ~I..,. . su:')~ "._-:,,;':": ~~/..tgn.ture CllIIl,. \. \ ~,,~, ....... ',,' "",' Approved as to form and legal sufficiency ~ Thomas C. Palmer, Assistant County Attorney 6