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Ordinance 2007-38 ~23242S<. ':1-"'),. 6''<''> ~ ~ "'dl 0) -- ~ .... ~ ~ ~ \-~~I 't5 ~~\ttt\~t~ ~ ~ ~C: .q~ 'llOL6~' ORDINANCE NO. 2007 ~ ::.~ -t:l -'-0 WHEREAS, Naples Bay is a water body located within the boundaries of Collier dOOzlty aad the City of Naples; and ;!:" co r;, AN ORDINANCE AMENDING ORDINANCE NO. 79-8, AS AMENDED, SPEED LIMIT IN CERTAIN AREAS, REGULATING BOAT SPEEDS IN COLLIER COUNTY AND THE CITY OF NAPLES IN NAPLES BAY. :;~'" r-' (-::-" "'<> ,"';'..> :::3 "'"'f"'~ , " 'i::". --'"'1 ~ .. '7J WHEREAS, Collier County has concurrent jurisdiction over Naples Bay and is aut@rized1o "establish and administer programs of . . . navigation . . . and to cooperate with govem:ilien:tal agencies and private enterprise in the development and operation of such programs;" ana';=;' [." WHEREAS, the Collier County Board of County Commissioners finds that Naples Bay is both a destination and a transit waterway used by local businesses, citizens, and tourists, for recreational, business, and commercial purposes; and WHEREAS, for the purpose of promoting and protecting public safety and welfare, and the protection of persons and property, it is necessary and advisable to control vessel speeds in the waters located within Collier County, including without limitation, Naples Bay and its approaches and surrounding waters. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: Section 1. That Article II, Division 3, Areas of Enforcement, of Chapter 146, Collier County Water Safety and Vessel Control Regulations, is hereby amended to read as follows: ARTICLE II, DIVISION 3 Enforcement The area of enforcement of the provisions of this division shall be all waters, creeks, bayous, canals and channels whether natural or manmade, located within tfte l!IIinooFjlofllted areas of Collier County. Section 2. That Article II, Division 3, Speed, of Chapter 146, Collier County Water Safety and Vessel Control Regulations, is hereby amended to read as follows: ARTICLE II, DIVISION 3 Speed Sec. 146-60.5. Speed limits in certain areas. (a) No person shall operate a vessel of any kind which is propelled by a motor or engine in any area designated as an official "no wake-idle speed only" area and so posted at greater than idle speed. (b) No person shall operate a vessel of any kind which is propelled by a motor or engine in any area designated as an official "slow speed-minimum wake" zone or area so posted at greater than slow speed. (c) No person shall operate a vessel in any area designated and posted as an official idle speed zone at a speed greater than idle speed. The following are designated as idle speed ~ (I) The Gulf of Mexico along the Naples public beach. from the shoreline out of 500 feet west of the public beach. from the north boundary of the city of Naples to Gordon Pass. excluding the outer approach to Doctors Pass. such approach being the area within the marked channel from the lighted. outermost marker east to the outer ends of the stone ietties. Words underlined are added; words 'truel, thre.gh are deleted Proposed Ordinance Amendment Page 2 of3 (2) Doctors Pass and the Moorings Bay SYstem. from Seagate Drive South to Banyan Boulevard. (3) The Gordon River and Naples Bay. from the north boundary of the City of Naples to a line running east to west through marker 32. connecting adjacent shorelines. excent that for the purpose of testing propulsjon systems. marine mechanics are permitted to exceed the idle speed restriction in the Gordon River in an area approximately 0.3 mile in length. extending from the City Wastewater Treatment Plant south to the Horticultural Landfill. weekdays. between the hours of8:00 a.m. and 5:00 p.m. (4) Naples Bay. from a line running north to south through marker 10. connecting adiacent shorelines. to a line running north to south through marker 6. connecting adjacent shorelines. (5) All canals and waterways tributary to Naples Bav and the Gordon River. including without limitation those in River Park. Avion Park. Golden Shores. Oyster Bay Royal Harbor. Aqualane Shores and Port Royal. (d) No person shall operate a vessel in any area designated and posted as an official slow speed zone at a speed greater than slow speed. The following are designated as slow speed zones: (1) Naples Bay. from a line running east to west through marker 32. connecting adjacent shorelines. to a line running east to west through marker 27. connecting adiacent shorelines. from 10:00 AM through 5:00 PM weekends and holidays (see 68D - 23.103 F.A.C. "holidavs") (2) Naples Bay. from a line running east to west through marker 21. connecting adjacent shorelines. to a line running north to south through marker 10. connecting adiacent shorelines. from 10:00 AM through 5:00 PM weekends and holidays: (3) Naples Bay and Dollar Bay. from a Ijne running east to west through marker 21. connecting adiacent shorelines. to a line running east to west through marker 73 in Dollar Bay. connecting adjacent shorelines. from 10:00 AM through 5:00 PM weekends and holidays: (e) No person shall operate a vessel in any area designated and posted as an official 30 mile per hour (MPH) zone at a speed greater than 30 MPH. The following are designated as 30 MPH zones: (I) Naples Bay. from a line running east to west through marker 32. connecting adiacent shorelines. to a line running east to west through marker 10. connecting adjacent shorelines. weekdays: (2) Naples Bay. from a line running east to west through marker 27. connecting adiacent shorelines. to a line running north to south through marker 21. connecting adiacent shorelines. from 10:00 AM through 5:00 PM weekends and holidavs: (3) Naples Bay and Dollar Bay. from a line running east to west through marker 22. connecting adjacent shorelines. to a line running east to west through marker 71 in Dollar Bay. connecting adiacent shorelines. weekdays: Words underlined are added; words strl:ieh. thFel:tgh are deleted Proposed Ordinance Amendment Page 3 00 (4) Gordon Pass and the portions of Naples Bay and Dollar Bav. all as described in subsection (e), at all times other than those set forth in subsection (c): or not otherwise designated as an idle speed zone or slow speed zone. This Ordinance shall become effective on Iff ( I I ({), 2007. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County? r~~~his ( 6 day of "', " I'r(Jr; r ,2007. By: Attest IS to Cha-~ .......... ,Deputy Clerk 11".ture 011 '. ,... .' Approve~~ to form and legal sufficiency: -lnESOowrn ~ Co leen M. Greene / Assistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: 4~ ~ JAMES COLETTA, CHAIRMAN Words underlined are added; words musk tkr8Hgk are deleted This ordinance filed with the Secretory of State's Office the I~doyof ~I , '2.bo1 and acknowledgement o!...,thol fili'A;ceived this ~ day of ;1 ~.7_ By~ - _~\I!r.k 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 2007-38 Which was adopted by the Board of County Commissioners on the lOth day of April, 2007, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 17th day of April, 2007. DWIGHT E. BROCK Clerk of courts_.affi~<;lerk Ex-officio to.~:!rd'of",_ . ~,.),. ."., County CommHl,Sl,~exs ".> k4'" (.,' " l )... '. . '" ~-;\.~,..'.</':, ~' f/~~.' . :<"~ . "'.... ." By: Martha Ver<1a:t"iJ,"\' Deputy Clerk