Agenda 10/08/2019 Item #16H 1 (Advertise Banning Cast Net Fishing on Lake Trafford)10/08/2019
EXECUTIVE SUMMARY
Recommendation to direct the County Attorney to advertise and bring back for future
consideration an Ordinance establishing a ban against cast net fishing at Ann Olesky Park on Lake
Trafford.
OBJECTIVE: To ban cast net fishing at Ann Olesky Park on Lake Trafford.
CONSIDERATIONS: Ann Olesky Park is located at the end of Lake Trafford Road in Immokalee. The
park offers access to the 1,500-acre Lake Trafford which is well known for its fishing. The fish are
plentiful in Lake Trafford, and so are the alligators. The proposed ordinance is intended to prohibit “cast
net fishing” in the park since it frequently results in unwanted bait fish being left to rot on the banks of the
lake. The bait fish attract alligators to the shore which can pose a safety risk to Park visitors.
As outlined in the proposed ordinance, any violations may be prosecuted and shall be punishable as
provided by the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as
amended), and shall be subject to a fine or civil citation up to $500 per violation. Appropriate signage
will be posted alerting visitors to Ann Olesky Park of the cast net fishing ban.
FISCAL IMPACT: The estimated cost to advertise the proposed ordinance is $500.00.
GROWTH MANAGEMENT IMPACT: None
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, with majority support required for approval. - JAK
RECOMMENDATION: To direct the County Attorney to advertise and bring back an Ordinance for
future consideration prohibiting cast net fishing at Ann Olesky Park on Lake Trafford.
Prepared By: William L. McDaniel, Jr., District 5
ATTACHMENT(S)
1. Proposed Ordinance - Lake Trafford Cast Net Ban (DOCX)
16.H.1
Packet Pg. 1488
10/08/2019
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.H.1
Doc ID: 10347
Item Summary: Recommendation to direct the County Attorney to advertise and bring back for
future consideration an Ordinance establishing a ban against cast net fishing at Ann Olesky Park on La ke
Trafford.
Meeting Date: 10/08/2019
Prepared by:
Title: Legal Assistant/Paralegal – County Attorney's Office
Name: Virginia Neet
09/30/2019 10:00 AM
Submitted by:
Title: – Board of County Commissioners
Name: Bill McDaniel
09/30/2019 10:00 AM
Approved By:
Review:
Office of Management and Budget Valerie Fleming Level 3 OMB Gatekeeper Review Completed 09/30/2019 10:21 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 09/30/2019 10:44 AM
Budget and Management Office Mark Isackson Additional Reviewer Completed 09/30/2019 11:27 AM
County Manager's Office Leo E. Ochs Level 4 County Manager Review Completed 09/30/2019 11:38 AM
Board of County Commissioners MaryJo Brock Meeting Pending 10/08/2019 9:00 AM
16.H.1
Packet Pg. 1489
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ORDINANCE NO. 2019 -_____ 1
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AN ORDINANCE OF THE BOARD OF COUNTY 3
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, 4
PROHIBITING CAST NET FISHING AT ANN OLESKY PARK ON 5
LAKE TRAFFORD; PROVIDING FOR CONFLICT AND 6
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE 7
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN 8
EFFECTIVE DATE. 9
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WHEREAS, pursuant to Chapter 125, Florida Statutes, the Board of County Commissioners may 12
adopt ordinances and resolutions necessary to preserve the health, safety and welfare of the residents of 13
Collier County, except where prohibited by law; and 14
WHEREAS, cast net fishing at Ann Olesky Park on Lake Trafford has resulted in caught bait fish 15
being left to rot on the banks of Lake Trafford, which has attracted alligators; and 16
WHEREAS, to protect the health and safety of the residents around and using Ann Olesky Park, 17
the Board wishes to end this attractant by banning cast net fishing at Ann Oleson Park. 18
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NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY 20
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 21
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Section One: Authority. 23
This Ordinance is adopted pursuant to the provisions of Chapter 125, Florida Statutes, and other 24
applicable provisions of law. 25
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Section Two: Prohibition of Cast Net Fishing 27
Cast Net Fishing is hereby prohibited in Ann Olesky Park. 28
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Section Three: Posting of Signs; Penalty for Violations. 30
(1) The County Manager is hereby directed to post appropriate signs at Ann Olesky Park. 31
(2) Any violations of this Ordinance may be prosecuted and shall be punishable as provided by the 32
Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended), and shall be 33
subject to a fine or civil citation up to $500 per violation. 34
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Section Four: Conflict and Severability. 36
In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable 37
law, the more restrictive shall apply. If any court of competent jurisdiction holds any phrase or portion of 38
16.H.1.a
Packet Pg. 1490 Attachment: Proposed Ordinance - Lake Trafford Cast Net Ban (10347 : Ordinance - Cast Net Fishing Ban Olesky Park)
2
this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent 39
provision and such holding shall not affect the validity of the remaining portion. 40
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Section Five: Inclusion in the Code of Laws and Ordinances. 42
The provisions of this Ordinance shall become and be made a part of the Code of Laws and 43
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-lettered to 44
accomplish such, and the word “ordinance” may be changed to “section,” “article,” or any other appropriate 45
word. 46
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Section Six: Effective Date. 48
This Ordinance shall become effective immediately. 49
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, 51
Florida, this ______ day of ________________, 2019. 52
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ATTEST: BOARD OF COUNTY COMMISSIONERS 55
CRYSTAL K. KINZEL, Interim Clerk COLLIER COUNTY, FLORIDA 56
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By: _____________________________ By: ______________________________ 59
, Deputy Clerk William L. McDaniel, Jr., Chairman 60
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Approved as to form and legality: 64
_______________________________ 65
Jeffrey A. Klatzkow, County Attorney 66
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16.H.1.a
Packet Pg. 1491 Attachment: Proposed Ordinance - Lake Trafford Cast Net Ban (10347 : Ordinance - Cast Net Fishing Ban Olesky Park)