Backup Documents 12/01/2009 Item #17A
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS
(i)
17A
To: Clerk to the Board: Please place the followiug as a:
IZ'J Normal legal Advertisement
(Display Adv., location, etc.)
'~\
D Other:
**********************************************************************************************************
Originating Deptl Div: Code Enforcement Person: Diane Flagg, Code Enforcement Director
Date: 11112109
Petition No. (If none, give brief description): 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 contlict and severability;
providing for inclusion in the Code of Laws and Ordinances; and providing for an effective date.
Petitioner: (Name & Address):
Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Diane Flagg, Code
Enforcement Director
Hearing before x BCC
BZA
Other
Requested Hearing date: November 19th, 2009 (Based on advertisement appearing 10 days before hearing). (BCC 12/01/09)
Newspaper(s) to be used: (Complete only if important):
IZ'J Naples Daily News
D Other
D Legally Required
Proposed Text: (Include legal description & common location & Size:
Companion petition( s), if any & proposed hearing date:
Does Petition Fee include advertising cost? IZ'J Yes D No If Yes, what account should be charged for advertising costs:
.l,.j 1IJ8~1 I P0#4500Il0972
~ ()(o!i'1~'Z--
Reviewed by:
Division Administrator or Designee Date
List Attachments:
DISTRIBUTION INSTRUCTIONS
A, For hearings before BCC or BZA: luitiating person to complete one coy aud obtaiu Division Head approval before
submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request
for same, is submitted to County Attorney before submittiug to County Manager. The Manager's office will distribute
copies:
D County Mauager ageuda file: to
Clerk's Office
D Requestiug Division
D Original
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE ONLY:
Date Received: j \-1~--t'A Date of Public hearing: ~ Date Advertised: I \~ICf--()tl
17A
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 COLLlER COUNTY, FLORlDA, 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).
4. Tilapia (Tilapia).
Words Underlined are added: Words Slruel, Tllreugh are deleted.
Page 1 of2
17A
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
,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 8tmeh Thrsligh are deleted.
Page 2 of2
17A
ACCOUNT #068782
November 13,2009
Attn: Legals
Naples Daily News
1100 lrnmokalee Road
Naples, Florida 34110
Re: Amending Ordinance 1982-3: Removing Tilapia from the List of
Prohibited Exotic or Imported Fish
Dear Legals:
Please advertise the above referenced notice on Thursday, November 19, 2009 and
kindly send the Affidavit of Publication, in duplicate, together with charges
involved, to this office.
Thank you.
Sincerely,
Ann Jennejohn,
Deputy Clerk
P.o. #4500110972
17A
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 Boardroom, 3rd Floor, Administration Building, Collier
County Government Center, 3301 East Tamiami Trail, Naples,
Florida. The meeting will begin 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. 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.
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 5 minutes on any item. The selection of an individual
to speak on behalf of an organization or group is encouraged. If
recognized by the Chair, 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 of certain assistance. Please
contact the Collier County Facilities Management Department,
located at 3301 Tamiami Trail East, Building W, Naples, Florida
34112, (239) 252-8380. Assisted listening devices for the hearing
impaired are available in the County Commissioners' Office.
17 A t11
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIALA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann Jennejohn, Deputy Clerk
(SEAL)
17A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
Ann P. Jennejohn
Friday, November 13, 2009 3:37 PM
Naples Daily News Legals
Ordinance Amending 82-3
Amending Ordinance 82-3.doc; AMEND 82-3.doc
Hello there,
Please advertise the attached on Thursday, November 19, 2009.
Thank you,
Ann J ennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
1
17A
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Pagan, Emely [EPagan@Naplesnews.com]
Monday, November 16, 2009 1 :20 PM
Ann P. Jennejohn
RE: Ordinance Amending 82-3
ok
From: Ann p, Jennejohn [mailto:AnnJennejohn@collierclerk.com]
Posted At: Friday, November 13, 2009 3:37 PM
Posted To: Legals - NDN
Conversation: Ordinance Amending 82-3
Subject: Ordinance Amending 82-3
Hello there,
Please advertise the attached on Thursday, November 19, 2009.
Thank you,
Ann Jennejohn, Deputy Clerk
Clerk to the BCC/VAB
Collier County Minutes & Records Dept.
239-252-8406
239-252-8408 (fax)
Under Florida Law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public
records request, do not send electronic mail to this entity. Instead, contact this office by telephone or in writing.
1
Ann P. Jennejohn
From:
Sent:
To:
Subject:
Attachments:
17A
Pagan, Emely [EPagan@Naplesnews,com]
Monday, November 16, 2009 2:54 PM
Ann P. Jennejohn
Ad Confirmation
UASE32.jpg
ATTACHED PLEASE REVIEW YOUR NOTICE & CONFIRM VIA EMAIL,
Thank you for
Emely Pagan
239-213-6061
Thank you for
PUB. Date
Publication
Ad Number
Total Ad Cost
Emely Pagan
239-213-6061
placing your ad.
placing your ad.
11/19/09
NDN
lB26791
$209.78
t
NOTICE OF INTENT TO CONSIDER
ORDINANCE
17A
Notice is hereby given that the Board
of County CommIssion"" or Collier
COClrcty will hold a public hearing on
Tuesdoy, December 1. 2009 in the
Boordroom, 3rd Floor, Administration
Building, Collier CO'"1ty Gov"rnment
C"nter, BOt East Tamiaml Trail,
Naples, Florida. The meeting will b"..
gin at 9:00 A.M. The title of the pro-
posed Ordinance 15 as follows:
AN ORDINANCE OF THE BOARD m
COUNIY t"OMMISSIONERS OF COlLIER
COUNTY, FLORIDA. AMENDING ORDI-
NANCE NO. 82.3, WHICH PROHIBITS
THE POSSESSION SALE. IMPORTATION
OR RELEASE INTO ANY WATERS OF
COLLIER COUNTY CERTAII~ EXOTIC OR
IMPORTED FISH, BY REMOVING TlLA-
PIA FROM THE LIST OF PROHIBITED
EXOT Ie OllIMf'ORTED FISH; PROVID.
ING FOR CONFLlCF AND SEVERABILI.
TY; I'ROVIDING FOR INClUSION Ir~
THE CODE OF LAWS AND ORDI-
NANCES, AND PROVIDING FOR AN Ef-
FECtiVE DA IE
NOTE: All Persons wlSl1mg IO speak
on any ag2'nda item musl regl$t@rwrth
th@ (ounty Admini'strator prjor to pr~
sentatlon of the- agend.3 item to be
addres,ed Indiv!d"al speaker> Will be
limiTed to S minutes: on any Item; The
seolectlon of an IndiVidual to spl!ak on
behalf of an organization or group is
encouraged If recognized by the
Chdir, a spokesp€'fson Tor a group ,cr
organization may be allotted 10 rnm-
ut@s to 5pe-ak on an Item.
Persons w1:i.rlina to have writt~n or
graphic m,aterTalsincluded in "the
Board ,ag@nda pack@h must ~ubmlt
said materi'ai a minl1lwm of ]w8eks
prior to the respective public hearing
In any casE', written materials. imended
to be considered by Ihe Board shall be
5ubmitted 10 the approprrate- County
3taff a minimum o-f ;;eVE>rl days prior to
tlul public hearing. All rnat-erial used
In presentlltions before th@ Board will
become a po:!rmanpnt part of the re~
card.
Any person whodedd~s to apl?eal a
decision of the Board will need il re--
<cord otthe- proceedings pertaining
th@Hno and tner@fore, may need to
ensur~ that il verbatim record of the
proceedings is mad@:, whir.h recordfn-
clude~ the testimony and evid~n(e
upon which the appeillls bas-ed.
If yO" are a person wiIh a disability
who ne<eds any accommodation In Of"
de.r to participatE' in this proceeding;
you are entitled, ill no cost to you. to
tile provision of certalna5S1Ha nee.
Pleo,e contact the CoIliel County Fa.
dlities Management D€partment, lo-
cated at 3301 Luniami Trail East,
Building W, Naples. florida 34t 12,
(239) 2'>2.8380. Assisted listening de.
VI(f.~S for the h~aling irnpaired are
available in the County Commission-
ers' Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
DONNA FIAEA, CHAIRMAN
DWIGHT E. BROCK, CLERK
By: Ann lennejohn, Deputy Clerk
(SEAL)
No';ember 19,2009 No182679t
Naples Daily News
Naples, FL 34102
Affidavit of publication
Naples Daily News
--------------------------------------------------+----
BCC/CODE ENFORCEMENT
CLERK OF CIRCUIT CRT
SARA SCHNEEBERGER
POBOX 413044
NAPLES FL 34101
REFERENCE: 068782
59597613
P.O. #4500110972
NOTICE OF INTENT TO
State of Florida
County of Collier
Before the undersigned authority, personally
appeared Phil Lewis, who on oath says that he
serves as the Editor and Vice President of the
Naples Daily News, a daily newspaper published at
Naples, in Collier County, Florida: that the
attached copy of advertising was published in said
newspaper on dates listed.
Affiant further says that the said Naples Daily
News is a newspaper published at Naples, in said
Collier County, Florida, and that the said
newspaper has heretofore been continuously
published in said Collier County, Florida, each
day and has been entered as second class mail
matter at the post office in Naples, in said
Collier County, Florida, for a period of 1 year
next preceding the first publication of the
attached copy of advertisement; and affiant
further says that he has neither paid nor
promised any person, firm or corporation any
discount, rebate, commission or refund for the
purpose of securing this advertisement for
publication in the said newspaper.
PUBLISHED ON: 11/19 11/19
AD SPACE:
FILED ON:
66 LINE
11/19/09
----------------------~-~------------:---------+----
Signature of Affiant ~ ~~
17AI
'---
NOTICE OF Im....T to CONSIDER
'. O~NANCE
....,J.'
Notice is hereby .given that the Board '
of Co\JntY. CornmlssioneB of Collier I
County will hold a. public hear1ng on
Tuetd&Y1 ,PecemW., .,1, Z9Qll., ", ',' In the
Boa~'3rdflOor, AdmInistration
Building. Qlltr,CoQAty"Go'i&rnment
CentEjr, '33D11lit>TMnlfmJ 1"_,,, .
Naples, Florida.,' The/Mttfng Will be-
gin at 9:00 A.M. The title of'the pro-
posed Ordinat1p!: is as foHows:
A.N ORDINANCE Of THE BOARD OF
COU,NTV C;OMMlSSIONERS OF COlLIER
COUNTY, FLORIDA,' AMEN01NGOIlOI.
NANCE NO. 82-3. WHiCH PROHIBITS
THE POSSESSION. SAl.E..IMPOfI;TATlON
OR. RElEASE INtO- A~, WATERS OF
COlLIEft. COUNTY-CERTAIN E)tOnc,OR
tMPOATED fISH, BY REMOVtNG l1iA-
PIA FloAt! THEUSTOf ~BITED
EXOTIC' ,OR IMPQIlTlD FISH; PROVID-
ING FOR CONiUCT AND ",VEftABIUTY;
PROVIDING FOR INCLUSION IN . THE
CODE 'OF LAWS AND ORDINANCES;
AND PROVIDlNGFOR AN EffECTIVE
D~TE,
. "NQtt":Ai! 'PerJons.'WIShlflQ,'_l,SpNk
ft"_'oY~~!!LT,~"''''''''''''
"'~ CGUrity,' Ai:k""",,~r ~to pre-
~tat<<m of ~aplda item' to be
~."'In~duil speaket'S 'win be
lInt1tJrd to S, mi~utes ~.n,yltem:The
"~"""~"W._.h
_Of On '", gr."" 'h
encouraged. re(()Qniied, by the
Olair, a spol<espendn for a group or
org8f1lutlon may be allotted 10 min-
utes to lIPNk..iln-.m.
~.;:c .~~.d'"1:.'" th;
,IQIrd ~"', " " ml.ISt submit
:s.iild ~'.,L, ' ,'mof ) weeks
prior ,t(J1h1t.;:, ,""..", public hearing.
~~ tid-'i,~.I.i;;.,,"i:, ~.I~di~~7Id~
submlttedtg.,'. '...' ,COUnty
staffa'mlflfn;Ui'n01se'iert' ~orto
. ~ht public he8ring. ,AU IlIftenal ,used
In prtSflfltations 6efote the' Board will
~~,:.a pern1anem-~,01 there-
'nln,:t.~~t~l~
'~o~:}!::~~,,~~!L
'E!t!~~1~~
dudes the, testimony ,and evidence
upon which the apj>ealls based. _
If you are a person with a disability
who needs a~ a<<ommodation In or-
der to' participate In this proceeding;
you Ire entltk1d, at no 00$t to you, to
the 'provIsion 'Q~ certain" assistance.
Please ,contact the CoHler CoUnty Fa-
Cilities ,Management Dep.rtment" 'lo-
cated at .nol TMli-ami Trail ~ast"
Bu."Id.' ing W, NaPI.ee5, Florida 34112,
(m) 2S2-83BO. Assined. listening de-
\iktis" ,~,1hi;J'iUrlM impai~ are
~In;_"~ Commissioners'
0fIl". ',. ,""
~ ..~t=l..'.;",'.". . ~Irl~
DWIGHTi!. ,.',' K
"~.,,,... Clerk
-~~'~':xxi4-.... Nn1R'67Ql
Sworn to and Subscribed before me this 0 "",
day of \\C\\.~., \... I ~O (,'1
Personally known by me
(_\\0. ,,-S
C,-,\;f.~~~~6:::'~;;::"
~~ift~~~f :~'~~:~I~i ~i~i~:I;~n~~'~~: ;l]U JbJ.,'vi~j
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hlUld delivered to the Board Oftice. The completed routing slip ,md original
documents are to be forwarded to the Board Ofiice only after the Board has taken action on the item.)
ROUTING SLIP
17A
Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the
exccntion of the Chairman's silffiature, draw a line throuoh routing lines 1/ 1 through #4, complete the checklist, and forward to Sue Filson (line#5).
Route to Addressee(s) Office Initials Date
(List in routim~ order)
I. Judy Puig CDES Administration CAR 1d.-IIIOq
2.
3.
4.
5 Ian Mitchell, Supervisor, BCC Office Board of County
Commissioners
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary conta;t is the holder of the original document pending Bee approval. Normally the primary cuntact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one ofd1e addressees above, including Sue Filson, need to cmtact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are TO be delivered to the BCe office only after the BCC has acted tu approve the
item.)
Name of Primary Staff Marlene Serrano Phone Number 252-2487
Contact
Agenda Date Item was December I, 2009 Agenda Item Number 17A
Approved bv the BCC
Type of Document Ordinancf: \e~ Number of Original I
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is
a ro riate.
Original document has been signedlinitialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the Bee
Chairman and Clerk to the Board and ossibl State Ot1icials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as thc date ofBCC approval of the
document or the fmal ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si nature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Ian Mitchell in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlinest
The document was approved by the BCC on t2/0I/09 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan es, if a licable.
Yes
(Initial)
N/A(Not
A licable)
2.
3.
4.
5.
6.
9f
cor
9f
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
MEMORANDUM
Date:
December 11, 2009
To:
Marlene Serrano,
Code Enforcement
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinance 2009-62
Please find one copy of the above referenced document (Agenda Item #
17 A) which was approved by the Board of County Commissioners on
Tuesday, December 1, 2009.
[fyou should have any questions regarding this item, please feel free to call
me at 774-8411.
Thank you.
Enclosures
17A
MEMORANDUM
Date:
December II, 2009
To:
Larry Lawrence
Property Appraiser
From:
Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re:
Validated Ordinances: 2009-62,2009-63,2009-65,
2009-66,2009-67,2009-68 and 2009-69
Attached, for your records you will find one (I) copy of the documents
referenced above, adopted by the Board of County Commissioners on
Tuesday, December 1,2009.
If you should have any questions, please call me at 252-8411.
Thank you.
Attachments
._..,-,",--,,-~-_.,-._-".,....__._,._--_._,._._,----_.^._._-
17A
17A _
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:
I. 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).
1. Tilapia (Tilapia).
Words Underlined are added; Words Stmek THroHgH are deleted.
Page I of2
17A
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 1 st- day of ~m hu" , 2009.
~
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
/f
B ^f~~.. c:;!j<tP"
y: ~.
DONNA FIALA, CHAIRMAN
A TTf~;r:~ ,~
roVIGHT'E:.BJWCK, CLERK
-.........,..:,'~>.. ,~- . .
-'
_i..
", jQllI!.;Ii't'OflI"
J"4". ..r.
Approved as to form
and I sufficiency:
,
Words Underlined are added; Words StAleL ThroHgh are deleted.
Page 2 of2
~
,~ C
~I
~~
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17A
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2009-62
Which was adopted by the Board of County Commissioners
on the 1st day of December, 2009, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 3rd
day of December, 2009.
. ;,'
>
DWIGHT E. BROCK
Clerk of Couris and Clerk ~
Ex-officio to eoard of .
,
County Commissioners
, fJ'~\,c,CH'a\{cSC
~eresa Polaski,
Deputy Clerk