Loading...
Chapter 26 - Businesses Chapter 26 BUSINESSES* Article I. In General Sec. 26-1. Roadside stands. Sec. 26-2. Merchandising of tobacco products. Sec. 26-3. Human trafficking public awareness signs. Secs. 26-4-26-25. Reserved. Article II. Escort Service Businesses Division 1. Generally Sec. 26-26. Title and citation. Sec. 26-27. Definitions. Sec. 26-28. Purpose and intent. Sec. 26-29. Applicability. Sec. 26-30. Enforcement. Sec. 26-31. Location of service. Sec. 26-32. Business records. Sec. 26-33. Age limitation for patron. Secs. 26-34-26-45. Reserved. Division 2. Permit Sec. 26-46. Required. Sec. 26-47. Application. Sec. 26-48. Age limitation. Sec. 26-49. Term. Sec. 26-50. Permit fee. Sec. 26-51. Denial,revocation. Sec. 26-52. Permit not exclusive. Secs. 26-53-26-65. Reserved. Division 3. License Sec. 26-66. Required. Sec. 26-67. Application. Sec. 26-68. Term. Sec. 26-69. Fee. Sec. 26-70. Denial or revocation. Sec. 26-71. License not exclusive. Secs. 26-72-26-90. Reserved. Article III. Convenience Store Security Sec. 26-91. Title and citation. *Cross references-Alcoholic beverages,ch. 6;amusements and entertainments,ch. 10;building trades, §22-161 et seq.; cable communications,ch. 30;charitable solicitations,ch. 34;automotive fuel allocation,§38-86 et seq.;medical transportation services,§50-51 et seq.;food service establishments,§66-86 et seq.;fair housing,§70-26 et seq.;taxation,ch. 126;vehicles for hire,ch. 142. Special act reference-Special acts pertaining to businesses,ch. 218. State law references-Authority to regulate businesses,F.S. § 125.01(1)(i);authority to act in the common interest of the people of the county and exercise all powers and privileges not specifically prohibited(all in a manner not inconsistent with law), F.S. § 125.01(1)(w). Lone Supp. No. 84 CD26:1 COLLIER COUNTY CODE Sec. 26-92. Definitions. Sec. 26-93. Penalties. Sec. 26-94. Applicability. Sec. 26-95. Security requirements. Secs. 26-96-26-150. Reserved. Article IV. Sexually-Oriented Businesses Division 1. Generally Sec. 26-151. Title and citation. Sec. 26-152. Definitions. Sec. 26-153. Purpose and intent. Sec. 26-154. Applicability. Sec. 26-155. Exemptions. Sec. 26-156. Classification. Sec. 26-157. Administration generally. Sec. 26-158. Immunity from prosecution. Sec. 26-159. Notice. Sec. 26-160. Inspection. Sec. 26-161. Location of businesses. Sec. 26-162. Additional regulations for motels/hotels. Sec. 26-163. Regulations pertaining to exhibition of sexually-explicit films or videos. Sec. 26-164. Employee records. Sec. 26-165. Minors. Sec. 26-166. Advertising regulations. Sec. 26-167. Hours of operation. Sec. 26-168. Nudity prohibited at businesses offering for sale alcoholic �/ beverages. Sec. 26-169. Nudity at businesses not offering for sale alcoholic beverages. Sec. 26-170. Straddle dancing,other sexual activities. Sec. 26-171. Additional criminal prohibitions. Sec. 26-172. Additional operational provisions. Secs. 26-173-26-185. Reserved. Division 2. Permit Sec. 26-186. Required. Sec. 26-187. Application. Sec. 26-188. Application fee. Sec. 26-189. Qualifications of applicant. Sec. 26-190. Location compliance. Sec. 26-191. Investigation of application. Sec. 26-192. Issuance. Sec. 26-193. Annual permit fee. Sec. 26-194. Expiration of permit. Sec. 26-195. Transfer of permit. Sec. 26-196. Suspension of permit. Sec. 26-197. Revocation of permit. Sec. 26-198. Judicial review. Sec. 26-199. Consent. Secs. 26-200-26-225. Reserved. Article V. Nonconsent Towing,Private Property Towing and Storage of Vehicles Sec. 26-226. Title. Sec. 26-227. Definitions. Supp. No. 84 CD26:2 Sec. 26-228. Tow truck class specifications. Sec. 26-229. Maximum towing, storage and related rates pertaining to non-consent tow services, as well as, private property towing, impound and immobilization. Sec. 26-230. Towing or immobilization with prior express instruction of real property owner or authorized agent and/or law enforcement agency. Sec. 26-231. Notice requirements for removing and immobilizing vehicles/ vessels from and on private real property. Sec. 26-232. Tow truck/immobilization company requirements. Sec. 26-233. Penalties, enforcement and scope of article. Secs. 26-234—26-250. Reserved. Article VI. Convenience Business Security Sec. 26-251. Title. Sec. 26-252. Definitions. Sec. 26-253. Convenience business security requirements. Sec. 26-254. Required training for all convenience business' retail employees. Sec. 26-255. Enforcement; civil fines. Sec. 26-256. Conflict and severability. Secs. 26-257—26-280. Reserved. Article VII. Secondary Metals Recyclers Sec. 26-281. Intent and purpose. Sec. 26-282. Title and citation. Sec. 26-283. Applicability. Sec. 26-284. Construction and interpretation. Sec. 26-285. Definitions. Sec. 26-286. Additional records required. Sec. 26-287. Restricted regulated metals. Sec. 26-288. Method of payment for restricted regulated metals. Sec. 26-289. Certain acts and practices prohibited. Sec. 26-290. Enforcement. Sec. 26-291. Penalties. Sec. 26-292. Conflict and severability. Secs. 26-293—26-315. Reserved. Article VIII. Secondhand Dealers Sec. 26-316. Title and citation. Sec. 26-317. Applicability. Sec. 26-318. Construction and interpretation. Sec. 26-319. Incorporation of state law by general reference. Sec. 26-320. Change to definitions. Sec. 26-321. Change to exemptions. Sec. 26-322. Limitation on location for purchase of secondhand goods by secondhand dealers. Sec. 26-323. Additional hold period required. Sec. 26-324. Enforcement. Sec. 26-325. Violations and penalties. Secs. 26-326—26-350. Reserved. Article XIX. Reserved Secs. 26-351—26-380. Reserved. BUSINESSES CD26:3Supp. No. 101 Article XX. Short-Term Rentals Division 1. Short-Term Vacation Rental Registration Sec. 26-381. Title. Sec. 26-382. Legislative Findings and Intent. Sec. 26-383. Definitions. Sec. 26-384. Short-term Vacation Rental Requirements. Sec. 26-385. Penalty for Violations. Sec. 26-386. Conflict and Severability. Secs. 26-387—26-410. Reserved. COLLIER COUNTY CODE CD26:4Supp. No. 101 ARTICLE I. IN GENERAL Sec. 26-1. Roadside stands. (a)Definitions.The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: (1)Public place means areas or properties owned by governmental agencies or dedicated to or reserved for the use of members of the public, and shall include but not be limited to airports, schools, parks, boatramps, playgrounds, libraries and other county governmental facilities. (2)Public right-of-way means a strip of land dedicated or deeded to the public and accepted by the board of county commis- sioners, used or occupied or intended to be used or occupied by a street, driveway/ access, crosswalk, railroad, electric transmission line, oil or gas pipeline, storm drainage way, water main, sanitary or storm sewer main, bikeway, or for similar special public use. (3)Vending machine means self-service or coin-operated box, container, storage unit or other dispenser installed, used or maintained for dispensing of any retail goods, food or beverage products. (b)Preventing use of public areas as com- mercial locations.To prevent the use of public streets or public places as permanent, semi- permanent or temporary commercial locations, except when otherwise authorized by this article or the board of county commissioners, it shall be a violation of this article for any unauthorized person to: (1) Sell goods, merchandise, property or services, whether for profit or nonprofit purposes, or to display advertising of any sort from any permanent, semi-permanent or temporary location, upon any public right-of-way, or in any public place as defined herein until and unless such person, is specifically permitted in writ- ing to do so by the county, and where the county has only easement interest, such person must also be specifically permit- ted in writing to do so by the legal title holder of the underlying real property that is subject to the county's easement. (2) Park or stop any motorized or trailer vehicle, pushcart or animal-drawn convey- ance in any public right-of-way or in any public place for the purpose of making or soliciting sales. (3) Sell, solicit sales, vend, or serve any goods, merchandise, property or service by any means, including the use of vend- ing machines. In the public rights-of-way or other public place, or for any person to station himself, or operate any roadside stand or establishment within the public right-of-way or other public place. (4) Make any commercial use of the public right-of-way or other public place, includ- ing placement of commercially related signs. (5) Sell or display for sale vehicles in the public right-of-way or other public place. (6) Be within the outermost edges of a road right-of-way when the road is open to traffic, to display advertising (excluding hand-held political speech signage off the traveled road); or to conduct any busi- ness or commerce; or to attach anything to any vehicle; or to distribute anything to, or accept anything from, any person, including any occupant of any vehicle being operated on (or parked on) the road right-of-way. (7) In-the-road sales, in-the-road distribu- tions, roadside sales or roadside distribu- tions except as authorized by the county to be conducted only when the road is temporarily closed to vehicular traffic. (c)Exceptions.The following authorized uses are excluded from this section: (1) Newsrack placement within a public right- of-way shall comply with chapter 110, article III. § 26-1BUSINESSES CD26:4.1Supp. No. 102 (2) Vendors or businesses having current county licenses who make frequent stops for the purpose of making a sale or pickup/drop-off of persons and then continue neighborhood travel upon the road rights-of-way (i.e., ice cream vehicle, trollies, cabs). (3) Emergency service or repair vehicles rendering service or repair to any disabled vehicle. (4) A person who has a franchise from, contracted with, or has otherwise been authorized by the board of county com- missioners to sell goods, merchandise or services within a public right-of-way or other public place. (5) A vehicle may be displayed for sale upon public property when that vehicle is: a. Driven by the public or private sector and/or employees of governmental agencies when conducting business at the public site during normal business hours. b. Driven by an individual who is using the boat ramp or park site facilities. c. Being sold in conjunction with a governmental auction. (d)Enforcement responsibility.The enforce- ment of this section shall be the responsibility of the zoning enforcement section, building code compliancedepartmentofthiscommunitydevelop- ment division, county sheriff's office, or other code enforcement officer of the county. (e)Penalty.Each violation of this section is punishable by a fine not to exceed $500.00. Imprisonment shall not be a penalty except for contempt of court. Each day of continued viola- tion may be considered a separate and distinct violation. Prosecution in a court shall not preclude administrative remedies. Each firm, partner- ship, corporation, or other entity that, and/or individual who, is found in violation of this section shall pay all costs and expenses as provided for by the rules of the respective enforce- ment forum. (Ord. No. 76-11, §§ 1—3; Ord. No. 87-60, §§ 1— 5A; Ord. No. 04-51, §§ 1—3; Ord. No. 07-53, § 1; Ord. No. 2010-13, § 1; Ord. No. 2012-02, § 1; Ord. No. 2022-02, § 7) Cross reference—Newsracks in public rights-of-way, § 110-56 et seq. State law reference—Penalty for ordinance violations, F.S. § 125.69. Sec. 26-2. Merchandising of tobacco products. (a)Intent.This section is intended to prevent the sale and delivery of tobacco products to persons under the age of 18 by regulating the commercial marketing and placement of such products. This section shall not be interpreted or construed to prohibit the sale or delivery of tobacco products which are otherwise lawful or regulated pursuant to F.S. ch. 569. (b)Definitions.For the purpose of this sec- tion, the following definitions shall apply: Open display unit means a case, rack, shelf, counter, table, desk, kiosk, booth, stand, or other surface that allows direct public access to the product placed therein. Restricted access area means a physically confined area with immediate access limited to the vendor or the vendor's employee(s). Self-service tobacco merchandising means an open display of tobacco products that the public has access to without the intervention of the vendor or employee(s) of the vendor. Specialty tobacco store means an establish- ment primarily in the business of selling cigars, pipe tobacco and other tobacco products. Tobaccoproducts includeloosetobaccoleaves, and products made from tobacco leaves, in whole or in part, which can be used for smoking, sniffing or chewing, including but not limited to cigarettes, cigars, pipe tobacco, snuff or smokeless tobacco, and chewing tobacco. Tobacco product also includes cigarette wrappers. § 26-1 COLLIER COUNTY CODE CD26:4.2Supp. No. 102 Vendor means any individual, sole proprietor- ship, joint venture, corporation, partnership, cooperative association, or other legal entity licensed as a dealer in tobacco products pursu- ant to F.S. ch. 569, and any employee or agent of said dealer. (c)Placement of tobacco products in open display unit.No vendor shall place tobacco products in an open display unit unless such unit is located in a restricted access area or sell, permit to be sold, offer for sale, or display for sale any tobacco products by means of self-service merchandising in a non-restricted access area. (d)Exceptions. (1) An establishment that prohibits persons under 18 years of age on the premises. (2) Specialty tobacco stores. (e)Enforcement.The provisions of this sec- tion shall be enforced by any procedure permit- ted by F.S. ch. 162, or other applicable Florida law. (f)Applicability.The provisions of this section shall apply to all areas of Collier County includ- ing those areas within the incorporated municipalities of the county. (Ord. No. 01-46, §§ 2—7, 7-31-01) Sec. 26-3. Human trafficking public awareness signs. (a)Definitions.The following words, phrases, or terms when used in this Ordinance shall, unless the content otherwise indicates, have the meanings provided below: 1.Adult Entertainment Establishment means adult bookstores and theaters, special cabarets and unlicensed massage establishments regulated pursuant to F.S. ch. 847, and defined in F.S. § 847.001, as may be amended, and strip clubs. 2.Bodywork Services means services involv- ing therapeutic touching or manipula- tion of the body using specialized techniques. 3.Business or establishment means any place of business or any club, organiza- tion, person, firm, corporation or partner- ship, wherein massage or bodywork services are provided and such establish- ment is not owned by a health care profession regulated pursuant to F.S. ch. 456, and defined in F.S. § 456.001, as may be amended. 4.Human trafficking means transporting, soliciting, recruiting, harboring, provid- ing, enticing, maintaining, or obtaining another person for the purpose of exploita- tion of that person regulated pursuant to F.S. ch. 787, and defined in F.S. § 787.06, as may be amended. 5.Massage services means the manipula- tion of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or not such manipulation is aided by hydrotherapy, including colonic irriga- tion, or thermal therapy; any electrical or mechanical device; or the application to the human body of a chemical or herbal preparation. (b)General requirements. (1) The employer at each of the following establishments shall display public aware- ness signs in a conspicuous location that is clearly visible to the public and employees of the establishment: a. A strip club or other adult entertain- ment establishment. b. A business or establishment that offers massage or bodywork services for compensation that is not owned by a health care profession regulated pursuant to F.S. ch. 456, and defined in F.S. § 456.001. (2) The required public awareness sign must be at least 8.5 inches by 11 inches in size, must be printed in at least a 16-point type, and must state substantially the following in English and Spanish: "If you or someone you know is being forced to engage in an activity and cannot leave-whether it is prostitution, housework, farm work, factory work, retail work, restaurant work, or any other activ- § 26-3BUSINESSES CD26:4.3Supp. No. 102 ity-call the National Human Trafficking Resource Center at 1-888-373-7888 or text INFO or HELP to 233-733 to access help and services. Victims of slavery and human trafficking are protected under United States and Florida law." Posted Pursuant to Section 787.29, Florida Statutes and Collier County Code of Laws and Ordinance Section _________. (c)Enforcement.It is unlawful to violate any provisions of this Ordinance and any violation hereof shall be deemed a noncriminal violation, punishable by a fine only as provided in F.S. § 775.083. (Ord. No. 2015-52, §§ 1—3) Note—Ord. No. 2015-52 has an effective date of January 1, 2016. Secs. 26-4—26-25. Reserved. ARTICLE II. ESCORT SERVICE BUSINESSES* DIVISION 1. GENERALLY Sec. 26-26. Title and citation. This article shall be known and may be cited as the "Collier County Escort Service Ordinance". (Ord. No. 89-37, § 2) Sec. 26-27. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Convicted, conviction means any adjudication of guilt by a court of law on any plea, verdict or plea of nolo contendere. Customer, client, patron means any person who engages, hires or receives the services of an escort from an escort service business in exchange for a fee, charge, commission or consideration of any kind whatsoever. Employee means an owner, investor, manager, escort, office help or any other entity on the payroll, on commission, or working as an independent contractor, subcontractor and/or service provider whether paid directly, or indirectly, by the escort agency, its client or agent. Escort means any individual person who for a fee, charge, commission, percentage, profit, or consideration of any kind whatsoever, accompanies another individual, or individuals to or about social functions, places of entertainment, or amusement, or who may consort with others in or about any public place, public resort, or private place or quarters. Escort license means the specific county license issued by the county tax collector to an individual who is acting as an employed escort in the county. Escort service or escort agency means any person who for a price, fee, charge, commission, percentage, profit, or any other valuable consideration: (1) Provides the name, telephone number and/or address of any employee to a client; (2) Provides an introduction of any employee to a client; or (3) Arranges a meeting of any employee with a client, for the purpose of the escort accompanying the client to social affairs, entertainment events or places of amuse- ment, or to consort with others in or about any public or private locations. *Cross reference—Offenses involving public morals, § 94-86 et seq. § 26-3 COLLIER COUNTY CODE CD26:4.4Supp. No. 102 BUSINESSES §26-1 ably necessitates instant cur- currency (bills and/or coins). There tailment of the in-the-road ac- shall be no solicitations at intersec- tivities. tions where the posted speed limits 3. Solicitation is limited to the exceeds 45(forty-five)miles per hour. vehicle operator's (left) side of g. Permit suspension or revocation. If the vehicle, including on roads any participant is observed by a that have medians (or other county code enforcement officer,dep- interior raised curbs) and the uty sheriff or other authorized law pedestrian uses such median or enforcement officer, to be violating interior area. One single-faced any provision of this subsection or or double-faced hand-held sign any applicable law, rule or regula- per pedestrian is allowed. The tion, the permit to solicit at that permittee may have one of its specific intersection may be summar- operations vehicle lawfully ily revoked by such officer, whereby parked at or near the intersec- all in-the-road activity at that inter- tion, and may use the vehicle's section shall cease immediately.Staff lights, including its flashing may suspend or revoke the issued lights, provided such lights are permit to solicit whenever any re- usually installed on the vehi- quirement does not continue to exist, cle. Except to the extent,if any, such as loss of federal income tax prohibited by law, the permit- exemption, loss of active status as a tee may use cones in the road to registered solicitor of contributions, the extent the permittee deems lapse of active insurance, any mis- such cones appropriate to pro- representation in the application(in- mote safety and no cone im- eluding its exhibits), or any in-the- pedes the flow of traffic. road activity by any participant who 4. The following are prohibited: did not sign the county's informed sound amplification,drum,bell, consent and waiver and have such tambourine, horn, and/or any signed consent and waiver delivered other sound-making device. to the transportation department 5. There shall be no charitable staff. solicitation in the road without h. Appeals. Staffs denial of an applica- a staffed, public safety vehicle tion (or staffs revocation of an is- present. Public safety vehicle sued permit) may be appealed in shall be defined as any marked writing to the county manager by law enforcement department or delivering the appeal to the county emergency response vehicle.The manager's office not later than ten cost of the staffed public safety days after the applicant's receipt of vehicle shall be the obligation notice of the denial or revocation. of the Solicitor. The county manager should render a f. Eligible intersections. In-the-road so- decision on the appeal not later than licitation shall be permitted only at ten workdays after receipt of the signalized road intersections then con- appeal. The County Manager's deci- trolled by functioning traffic control Sion shall be the County s final ac lights (which excludes intersections tion on the appeal. controlled by flashing lights, stop i. Issuance of a permit is not any en- signs, yield right of way signs, etc). dorsement by Collier County of the In-the-road solicitation is limited to permittee or its activities. Notwith- instantly receiving only legal tender standing anything to the contrary, a Supp. No. 43 CD26:4.5 *.c/, COLLIER COUNTY CODE _I permit shall not be required for any Sec. 26-2. Merchandising of tobacco prod- solicitor who falls within the param- ucts. eters of the Iris Roberts Act. (7) This article does not apply to political (a) Intent. This section is intended to prevent campaigning nor to any individual autho- the sale and delivery of tobacco products to per- rized by law to engage in authorized in- sons under the age of 18 by regulating the corn- the-road activity, such as, and not limited mercial marketing and placement of such prod- to, on-duty law enforcement officer in the ucts. This section shall not be interpreted or performance of duty, or authorized activ- construed to prohibit the sale or delivery of to- ities of employees at tool booths. Charita bacco products which are otherwise lawful or ble solicitation activities on or along streets/ regulated pursuant to F.S. ch. 569. roads not maintained by Florida, and to (b) Definitions, For the purpose of this section, be conducted by an organization exempt the following definitions shall apply: from federal income taxes under Section 501(c)3 of the Internal Revenue Code, and Open display unit means a case, rack, shelf, is either registered as a charitable orga- counter, table, desk, kiosk, booth, stand, or nization or sponsor with Florida's Depart- other surface that allows direct public access to ment of Agriculture and Consumer Ser- the product placed therein. vices, or is exempt from that state registration (or is an individual or organi Restricted access area means a physically zation acting on behalf of such exempt confined area with immediate access limited to organization/sponsor), is exempt from the the vendor or the vendor's employee(s). i solicitation provisions of this article, but Self-service tobacco merchandising means L✓, must comply with F.S. § 316.2045, includ- an open display of tobacco products that the ing providing all listed information and public has access to without the intervention of proof to county staff. the vendor or employee(s) of the vendor. (d) Enforcement responsibility. The enforce- ment of this section shall be the responsibility of Specialty tobacco store means an establish the zoning enforcement section, building code ment primarily in the business of selling ci compliance department of this community devel- pipe tobacco and other tobacco products. opment division, county sheriffs office, or other Tobacco products include loose tobacco leaves, code enforcement officer of the county. and products made from tobacco leaves, in (e) Penalty. Each violation of this section is whole or in part, which can be used for smok- punishable by a fine not to exceed $500.00. Im- ing, sniffing or chewing, including but not prisonment shall not be a penalty except for limited to cigarettes, cigars, pipe tobacco, snuff contempt of court.Each day of continued violation or smokeless tobacco, and chewing tobacco. may be considered a separate and distinct viola- Tobacco product also includes cigarette wrap- tion. Prosecution in a court shall not preclude pers. administrative remedies. Each firm, partnership, corporation, or other entity that, and/or individ Vendor means any individual, sole propri- ual who, is found in violation of this section shall etorship, joint venture, corporation, partner pay all costs and expenses as provided for by the ship, cooperative association, or other legal rules of the respective enforcement forum. entity licensed as a dealer in tobacco products (Ord.No. 76-11,§§ 1-3;Ord.No. 87-60,§§ 1-5A; pursuant to F.S. ch. 569, and any employee or Ord. No. 04-51, §§ 1-3; Ord. No. 07-53, § 1; Ord. agent of said dealer. No. 2010-13, § 1; Ord. No. 2012-02, § 1) (c) Placement of tobacco products in open dis- lss reference—Newsracks in public rights-of-way, play unit. No vendor shall place tobacco products § 6 et seq. pit to law reference—Penalty for ordinance violations, in an open display unit unless such unit is located F.,' 125.69. in a restricted access area or sell, permit to be Supp. No. 43 CD26:4.6 BUSINESSES §26-3 sold, offer for sale, or display for sale any tobacco tation of that person regulated pursuant products by means of self-service merchandising to F.S.ch.787,and defined in F.S.§787.06, in a non-restricted access area. as may be amended. (d) Exceptions. 5. Massage services means the manipulation (1) An establishment that prohibits persons of the soft tissues of the human body with the hand, foot, arm, or elbow, whether or under 18 years of age on the premises, not such manipulation is aided by hydro- (2) Specialty tobacco stores. therapy, including colonic irrigation, or thermal therapy;any electrical or mechan- (e) Enforcement. The provisions of this section ical device; or the application to the hu- shall be enforced by any procedure permitted by man body of a chemical or herbal prepa- F.S. ch. 162, or other applicable Florida law. ration. (f) Applicability. The provisions of this section (b) General requirements. shall apply to all areas of Collier County includ- ing those areas within the incorporated munici- (1) The employer at each of the following palities of the county. establishments shall display public aware- (Ord. No. 01-46, §§ 2-7, 7-31-01) ness signs in a conspicuous location that is clearly visible to the public and employ- Sec. 26-3. Human trafficking public aware- ees of the establishment: ness signs. a. A strip club or other adult entertain- (a) Definitions. The following words, phrases, ment establishment. or terms when used in this Ordinance shall, b. A business or establishment that of unless the content otherwise indicates, have the fers massage or bodywork services meanings provided below: for compensation that is not owned 1. Adult Entertainment Establishment means by a health care profession regulated adult bookstores and theaters,special cab- pursuant to F.S.ch.456, and defined arets and unlicensed massage establish- in F.S. § 456.001. ments regulated pursuant to F.S. ch. 847, (2) The required public awareness sign must and defined in F.S. § 847.001, as may be amended, and strip clubs. be at least 8.5 inches by 11 inches in size, must be printed in at least a 16-point 2. Bodywork Services means services involv- type, and must state substantially the ing therapeutic touching or manipulation following in English and Spanish: of the body using specialized techniques. "If you or someone you know is being 3. Business or establishment means any place forced to engage in an activity and cannot of business or any club,organization,per- leave-whether it is prostitution, house- son, firm, corporation or partnership, work,farm work,factory work,retail work, wherein massage or bodywork services restaurant work,or any other activity-call are provided and such establishment is the National Human Trafficking Resource not owned by a health care profession Center at 1-888-373-7888 or text INFO or regulated pursuant to F.S. ch. 456, and HELP to 233-733 to access help and ser- defined in F.S. § 456.001, as may be vices. Victims of slavery and human traf- amended. ficking are protected under United States 4. Human trafficking means transporting, and Florida law." soliciting, recruiting, harboring, provid- Posted Pursuant to Section 787.29,Flor- ing, enticing, maintaining, or obtaining ida Statutes and Collier County Code of another person for the purpose of exploi- Laws and Ordinance Section Supp.No.62 CD26:4.7 26-3 COLLIER COUNTY CODE (c) Enforcement. It is unlawful to violate any social functions,places of entertainment,or amuse- provisions of this Ordinance and any violation ment,or who may consort with others in or about hereof shall be deemed a noncriminal violation, any public place,public resort,or private place or punishable by a fine only as provided in F.S. quarters. § 775.083. Escort license means the specific county license (Ord. No. 2015-52, §§ 1-3) issued by the county tax collector to an individual Note—Ord. NoNo.2015-52 has an effective date of January 1, 2016. who is acting as an employed escort in the county. Escort service or escort agency means any per- Secs. 26-4-26-25. Reserved. son who for a price, fee, charge, commission, percentage, profit, or any other valuable consid- ARTICLE II. ESCORT SERVICE eration: BUSINESSES* (1) Provides the name, telephone number and/or address of any employee to a cli- DIVISION 1. GENERALLY ent; (2) Provides an introduction of any employee Sec. 26-26. Title and citation. to a client; or This article shall be known and may be cited as (3) Arranges a meeting of any employee with the "Collier County Escort Service Ordinance". a client, for the purpose of the escort (Ord. No. 89-37, § 2) accompanying the client to social affairs, entertainment events or places of amuse- Sec. 26-27. Definitions. ment,or to consort with others in or about any public or private locations. The following words, terms and phrases,when ..eased in this article, shall have the meanings ascribed to them in this section,except where the context clearly indicates a different meaning: Convicted, conviction means any adjudication of guilt by a court of law on any plea, verdict or plea of nolo contendere. Customer,client,patron means any person who engages,hires or receives the services of an escort from an escort service business in exchange for a fee, charge, commission or consideration of any kind whatsoever. Employee means an owner, investor, manager, escort, office help or any other entity on the payroll,on commission,or working as an indepen- dent contractor, subcontractor and/or service pro- vider whether paid directly, or indirectly, by the escort agency, its client or agent. Escort means any individual person who for a fee, charge, commission, percentage, profit, or consideration of any kind whatsoever, accompa- nies another individual,or individuals to or about *Cross reference—Offenses involving public morals, §94-86 et seq. upp.No.62 CD26:4.8 BUSINESSES § 26-32 Permit means the specific county permit issued current county zoning regulations and ordinances. by the county tax collector for the right to conduct The escort service business location shall be prom- activities as an escort service business in the inently identified and advertised on the exterior county. of the business location,and may be advertised by Permit holder means the legal entity to whom any other lawful advertising means as chosen by an escort service business permit is issued and the owner of the business. The county tax col who is, by application for a permit, established as lector shall be notified in writing within three legally responsible for the escort service business. business days of any change in location of the (Ord. No. 89-37, § 4) escort service business. Cross reference—Definitions generally, § 1-2. (Ord. No. 89-37, § 7) Sec. 26-28. Purpose and intent. Sec. 26-32. Business records. (a) It is the purpose and intent of the county to (a) The permit holder shall maintain records of promote, protect and improve the health, safety all business transactions.These records shall con- and welfare of the citizens of the county by pro- tain the following information: viding reasonable regulation of escort service busi- (1) Date and time of each transaction. nesses to insure the safe and appropriate opera- tion of such businesses within the county. (2) Name of customer. (b) It is further intended that all persons oper- (3) Address of customer,both business and res- ating or engaged in the escort service business be idence. regulated by county ordinance in order to avoid (4) Driver's license number of the customer and and prevent illegal conduct and activities in con- state of issue. junction with the operation of escort service busi- nesses. (5) Telephone number of customer, both busi- (c) It is further intended that only those per- sons or entities duly authorized by a county permit (6) Name of the escort service employee in- and escort license shall be permitted to conduct volved in the transaction. escort service businesses in the county. (Ord. No. 89-37, § 1) It is the permit holder's responsibility to ensure that sufficient and authentic proof of identifica- Sec. 26-29. Applicability. tion is furnished by every customer. This article shall apply to and be enforced in all (b) A record of each transaction shall be placed unincorporated areas of the county. on file at the escort service business within one (Ord. No. 89-37, § 3) business day of the completion of the transaction. Sec. 26.30. Enforcement. (c) The escort service shall maintain current and complete records of all of its employees. These The authority to enforce the provisions of this records shall,at a minimum,include the following article shall be vested in the county tax collector, information: the county sheriff, the county code enforcement (1) Name of employee. board and its code enforcement officials and any other duly authorized law enforcement agency (2) Residence address. having jurisdiction in the county. (Ord. No. 89-37, § 21) (3) Residence telephone number. (4) Other current employment information Sec. 26.31. Location of service. such as: The escort service business shall not be located a. Business address and telephone. in a private residence and must comply with all b. Number, employer and position. CD26:5 § 26-32 COLLIER COUNTY CODE (5) Any criminal record: Yes or No. If yes, list permit holder,and shall immediately become null convictions. and void if any of the above events take place. (6) Physical description of employee to include (Ord. No. 89 37, § 5) such information such as:gender(sex),race, hair, eyes, weight and height. Sec. 26-47. Application. It is the permit holder's responsibility to ensure that all employees employed or otherwise engaged (a) Each application for a permit under this di as an escort by the permit holder's escort service vision shall be in writing, on a form provided by are advised of the license requirements of this the county tax collector's office. The information article and are licensed to act as escorts within provided thereon shall be sworn to by the appli- the county. cant, and shall include copies of documentation for verification where applicable, i.e., driver's li- (d) The records required by this article shall be cense as proof of date of birth. kept and maintained at the business location of the permit holder. (b) Each application shall be processed only if it contains the following information in full, with (e) In order to insure compliance with the pro- no omissions: visions of this article, the business records of the permit holder shall be made available for reason- (1) The name and date of birth of the applicant able inspection at the business location of the es- and any other name the applicant is now or cort service,upon request and without court order has ever been known by or used. to members of the county sheriff's office,the county tax collector's office, or any other duly authorized (2) The name and date of birth of any other law enforcement agency. person who may be involved in the owner- (Ord. No. 89-37, § 8) ship, management or conduct of the escort service. Sec. 26-33. Age limitation for patron. No individual licensed pursuant to this article (3) The residence and business addresses of the shall transact business with or otherwise serve as applicant. an escort for any person, customer, or patron who (4) The residence and business addresses of any has not yet reached the age of 21 years. other owners, managers or employees who (Ord. No. 89-37, § 18) may be involved in the ownership,manage- ment or conduct of the escort service. Secs. 26-34-26-45. Reserved. (5) The address of the business location of the DIVISION 2. PERMIT escort service. Sec. 26.46. Required. (6) All telephone numbers used or to be used (a) No person shall conduct, manage, carry on by the escort service. or operate any escort service within the county (7) A statement concerning every owner,man- without having first obtained a permit for such ager or employee, clearly stating each per- purpose from the county tax collector. son's past conviction of a crime, the type of (b) Upon issuance the permit shall be promi- crime,the date,location and type of convic- nently displayed on the premises of the escort ser— vice business at all times. tory. (c) The permit shall not be sold, transferred, (8) The name and address of the registered assigned, leased, encumbered or otherwise dis- agent, if the applicant is a corporation. posed of with or without consideration, by the (Ord. No. 89-37, § 6) CD26:6 BUSINESSES § 26-51 Sec. 26.48. Age limitation. (b) A determination that any false information has been or was provided on an application shall No permit shall be issued under this division to be grounds for denial or revocation of a permit. any person under the age of 21 years. No permit holder shall employ any individual under the age (c) Conviction for any felony or for any offense of 21 years. No permit holder shall provide an as set forth in subsection (a)(2) of this section, by escort to any customer or patron under the age of the applicant or any person engaged in conducting, 21 years. managing, carrying on, operating or investing in (Ord. No. 89-37, § 9) the service shall be grounds for denial or revoca- tion of a permit. Sec. 26-49. Term. (d) Failure to comply with any provision of this article shall be grounds for revocation of any The permit issued pursuant to this division shall permit issued, upon conviction, or upon a finding be valid until September 30, 1989, and thereafter of violation by the county code enforcement board. shall be sold by the county tax collector beginning September 1 of each year, shall be due and pay- (e) An automatic suspension of the permit shall able on October 1 of each year and shall expire at be made by the county tax collector after a review 12:00 midnight on September 30 of the succeeding by the county attorney's office of information pro- year, unless otherwise previously revoked. vided and certified to be accurate by the county (Ord. No. 89-37, § 10) sheriff's office or other duly authorized law en- forcement agency that one or more of the provi- Sec. 26-50. Permit fee. sions of this article have been violated by the ap- plicant or permit holder. The initial fee for the annual permit shall be $30.00,which shall include an appropriate amount (f) The permit holder shall not operate its es- cort service business while the permit is suspended to be retained by the county tax collector for ad and shall surrender same to the county tax col- ministrative expenses. The fee may be adjusted lector or his designee after written notification of from time to time by resolution of the board of the violation and upon written demand. county commissioners without the necessity for adhering to the general ordinance amendment reg- (g) Any appeal of a permit suspension, denial ulations. or revocation shall be made, in writing, to the (Ord. No. 89-37, § 11) board of county commissioners within ten busi- ness days of the denial, revocation or suspension Sec. 26-51. Denial, revocation. and the matter shall be heard within 30 days thereafter at a regular meeting of the board of (a) No escort service permit shall be issued to county commissioners with the board acting as any corporation,association,organization,agency, the final administrative review agency of the sus- partnership, person or group of persons if the ap- pension, denial or revocation of the permit. At plicant,or any person helping to conduct,manage, such hearing,the applicant or permit holder or an carry on,operate or invest in the service,has been: authorized representative shall have the opportu- nity to be heard concerning the suspension, de- (1) Convicted of a felony; or nial or revocation of the permit, and the decision of the board of county commissioners shall be final. (2) Convicted of any offense relating to prosti- tution, (F.S. ch. 796), lewdness or indecent (h) After the expiration of the ten-day period exposure (F.S. ch. 800), obscene literature, for the request for an appeal, no administrative profanity (F.S. ch. 847), any other offense right of action shall be afforded to the petitioner if involving sexual misconduct,or any offense petitioner has not filed a written appeal within relating to a violation of the controlled sub- that time. stance abuse laws (F.S. ch. 893). (Ord. No. 89-37, § 12) CD26:7 § 26-52 COLLIER COUNTY CODE Sec. 26-52. Permit not exclusive. (9) Whether the applicant has ever been con- victed of a crime and, if so, the date and Nothing in this division shall relieve the appli- location of the conviction and the type of cant of the responsibility to apply for and obtain crime. any other license or permit required by law, to engage in such business or occupation within the (c) In addition to the above application, the ap- county. plicant shall also submit to having his finger- (Ord. No. 89-37, § 13) prints taken and allow a photograph to be taken by the county sheriff's office.Any costs associated Secs. 26-53-26-65. Reserved. with processing the fingerprints and photograph shall be charged to and paid by the applicant. DIVISION 3. LICENSE Said fingerprints and photograph shall be for- warded from the sheriff's office directly to the Sec. 26-66. Required. county tax collector and shall be attached to and form a part of the application. No individual person shall be employed or oth (d) Any change in any of the information con- erwise engaged as an escort within the county tained on the application shall be reported by the without having first obtained a license from the applicant, in writing, to the county tax collector county tax collector to be so employed or engaged. within three business days. (Ord. No. 89-37, § 14) (Ord. No. 89-37, § 15) Sec. 26-67. Application. Sec. 26-68. Term. —� (a) Each application to obtain a license to act as an escort within the county shall be submitted,in The license issued pursuant to this division shall writing, on a form provided by the county tax col- be valid until September 30, 1989, and thereafter lector. The information provided on each applica shall be sold by the county tax collector beginning tion shall be sworn to by the applicant. September 1 of each year, shall be due and pay- able on October 1 of each year and shall expire at (b) Each application shall contain the following 12:00 midnight on September 30 of the succeeding information: year, unless otherwise previously revoked. (1) The name of the applicant and any other (Ord. No. 89-37, § 16) name the applicant is now or has ever been known by or used. Sec. 26-69. Fee. (2) The residence address of the applicant and The initial fee for an annual escort license shall the telephone number at that location. be $100.00, which shall include an appropriate amount to be retained by the county tax collector (3) The date of birth of the applicant (licensee for administrative expenses. The fee may be ad- must be at least 21 years of age). justed from time to time by resolution of the board (4) Physical description to include: race, of county commissioners without the necessity for gender,height,weight,hair color,eye color. adhering to the general ordinance amendment reg- ulations. (5) Social Security number. (Ord. No. 89-37, § 17) (6) Driver's license number and state of issue. Sec. 26-70. Denial or revocation. (7) Type and location of prior work experience for the previous three years. (a) No escort license shall be issued to any person if the applicant has been: (8) The name of the escort service the appli- cant will be employed by or associated with. (1) Convicted of a felony; or J CD26:8 BUSINESSES §26-92 (2) Convicted of any offense relating to prosti- Sec. 26.71. License not exclusive. tution (F.S. ch. 796), lewdness or indecent exposure (F.S. ch. 800), obscene literature, Nothing in this division shall relieve the appli- profanity (F.S. ch. 842), any other offense cant of the responsibility to apply for and obtain involving sexual misconduct,or any offense any other license or permit required by law to be relating to a violation of the controlled sub- so employed within the county. stance abuse laws (F.S. ch. 893). (Ord. No. 89-37, § 20) (b) A determination that any false information has been or was provided on the application shall Secs. 26-72-26-90. Reserved. be grounds for denial or revocation of an escort license. (c) Conviction for any felony or for any offense ARTICLE III. CONVENIENCE STORE as set forth in subsection (a)(2) of this section by SECURITY* the applicant for an escort license shall be grounds for denial or revocation of a license. • Sec. 26.91. Title and citation. (d) Failure to comply with any provision of this division shall be grounds for revocation of any This article shall be known and may be cited as license issued, upon conviction, or upon a finding the "Collier County Convenience Store Security of violation by the county code enforcement board. Ordinance." (e) An automatic suspension of the license shall (Ord. No. 91 4, § 1) be made by the county tax collector after a review by the county attorney's office of information pro- Sec. 26-92. Definitions. vided and certified to be accurate by the county sheriff's office or other duly authorized law en- The following words, terms and phrases, when forcement agency that one or more of the provi used in this article, shall have the meanings as- sions of this division have been violated by the cribed to them in this section, except where the license holder. context clearly indicates a different meaning: (f) Any appeal of a license suspension,denial or Convenience store means any place of business revocation shall be made, in writing,to the board that is engaged in the retail sale of groceries, in- of county commissioners within ten business days cluding the sale of prepared foods, and gasoline of the suspension, denial or revocation, and the and services, that is regularly open for business matter shall be heard within 30 days thereafter at any time between the hours of 10:00 p.m. and at a regular meeting of the board of county com- 5:00 a.m., and that is attended during such hours missioners with the board acting as the final ad- by one employee. The term "convenience store" ministrative review agency of the suspension, de- does not include a store which is solely for or pri- nial or revocation of the license.At such hearing, manly a restaurant.The term"convenience store" the applicant/license holder or an authorized rep- does not include any store in which the owner and resentative shall have the opportunity to be heard members of his family work in the store between concerning the suspension,denial or revocation of the hours of 10:00 p.m. and 5:00 a.m. the license,and the decision of the board of county commissioners shall be final. Employee means the person legally responsible for the day-to-day operation of the convenience (g) After the expiration of the ten-day period store. for the request for an appeal, no administrative 'State law references—Convenience Business Security right of action shall be afforded to the petitioner if Act,F.S.§812.1701 et seq.;preemption of local ordinances on the petitioner has not filed a written appeal within convenience stores, F.S. § 812.1725; agreements with local that time. governments for assistance in enforcement of state act,F.S.§ (Ord. No. 89-37, § 19) 812.174(4). CD26:9 § 26-92 COLLIER COUNTY CODE Owner means the person having possession of b. A security camera system capable of the premises upon which the convenience store is retrieving an image to assist in the operated. identification and apprehension of a (Ord. No. 91-4, § 3) robber. Cross reference—Definitions generally, § 1-2. c. A drop safe or cash management de- vice that provides minimum access to Sec. 26-93. Penalties. the facilities cash receipts. (a) Failure to comply with this article shall be (2) Maintain parking lots, illuminated at an brought before the county code enforcement board intensity of two foot-candles per square foot established pursuant to the authority of F.S. ch. with a uniformity ratio of no more than 162. All proceedings before said board shall be five-to-one at 18 inches above the surface. governed by chapter 2, article VIII, division 11 of this Code. Upon its determination of noncompli- The convenience store owner shall provide ance, said board shall impose penalties against to the county a certification from an elec the owner or principle operator pursuant to the trical engineer registered in the state ver following noncompliance fee schedule adopted ifying that the convenience store is in corn- following hereby: pliance with this requirement. (1) If noncompliance is corrected within ten (3) Post a conspicuous sign in the convenience days after the determination of noncompli- store entrance which states that the cash ance, no fee shall be assessed. register contains $50.00 or less. (2) Noncompliance for days 11-20,$250.00 per (4) Maintain window signage so that there is a day shall be assessed for each day violation clear and unobstructed view of the cash reg- continues. ister and transaction area. (3) Noncompliance for days 21-25,$500.00 per (5) Prohibit window tinting on the windows of day shall be assessed for each day violation the establishment if such window tinting continues. reduces exterior or interior viewing during (b) Any owner or principle operator of a conve- the hours of operation to which this article nience store who willfully and deliberately vio- is applicable. lates the requirements of this article or who de- liberately fails to initially implement the (6) Install height markers at the entrance of requirements of this article shall be required to the establishment which display height pay to the county, upon complaint filed by the measures from the floor. county, a civil fine of up to $5,000.00. (7) Establish a cash management policy to limit (Ord. No. 91-4, § 5) the amount of available cash on hand be- Sec. 26-94. Applicability. tween the hours of 9:00 p.m. and 6:00 a.m. This article shall apply to and be enforced in all (8) No later than June 30, 1991, the owner or unincorporated areas of the county. principle operator of a convenience store (Ord. No. 91-4, § 2) shall provide proper robbery deterrence and safety training to at least its employees who Sec. 26-95. Security requirements. work between the hours of 9:00 p.m. and All convenience stores shall: 6:00 a.m.Any proposed program of training shall be submitted in writing to the Florida (1) Be equipped with the following security de- Attorney General as required under F.S. § vices: 812.174. a. A silent alarm that notifies local law (Ord. No. 91-4) enforcement or a private security agency that a robbery is taking place. Secs. 26.96-26.150. Reserved. CD26:10 BUSINESSES § 26-152 N. ARTICLE IV. SEXUALLY-ORIENTED Employee means a person who works or per- BUSINESSES* forms in and/or for a sexually-oriented business, regardless of whether or not said person is paid a DIVISION 1. GENERALLY salary, wage, or other compensation by the oper- ator of said business.A person may be considered an employee under this definition even if said Sec. 26-151. Title and citation. person is an independent contractor,provided that This article shall be known and cited as the said person has a substantial or consistent rela- tionship with the business of, or entertainment/ "Collier County Sexually Oriented Businesses Lo services provided by, the sexually-oriented busi- cation and Regulation Ordinance." (Ord. No. 91-83, § 1) ness. Escort means a person who, for consideration, Sec. 26-152. Definitions. agrees or offers to act as a companion, guide, or date for another person,or who agrees or offers to The following words, terms and phrases, when privately model lingerie or to privately perform a used in this article, shall have the meanings as- striptease for another person. cribed to them in this section, except where the context clearly indicates a different meaning: Escort agency means a person who furnishes, offers to furnish, or advertises to furnish escorts Child care center means any establishment that as one of its primary business purposes for a fee, provides, on a regular basis, supervision and care tip or other consideration. for more than five children unrelated to the oper- ator for a period of less than 24 hours a day and Establishment means and includes any of the which receives a payment, fee or grant for any of following: the children receiving care, wherever operated, and whether or not operated for a profit, except (1) The opening or commencement of any that the following are not included:public schools sexually-oriented business as a new busi- and non-public schools which are in compliance ness; with the compulsory school attendance law, F.S. ch. 232; summer camps having children in full- (2) The conversion of an existing business, time residence; summer day camps; Bibleschools whether or not a sexually oriented busi normally conducted during vacation periods; and ness, to any sexually-oriented business; any child care center which is owned and oper (3) The addition of any sexually-oriented busi- ated by and located on the grounds of, or adjacent ness to any other existing sexually oriented to,a church/synagogue.The term includes kinder- gartens, nurseries, nursery schools, day care cen- ters and day nurseries. (4) The relocation of any sexually-oriented kiusi- Church/synagogue means tax exempt buildings ness. used for nonprofit purposes by a recognized and Nude model studio means any place where a legally established sect for purpose of worship in- person who appears in a state of nudity or dis- cluding educational buildings when operated by plays specified anatomical areas is provided to be such church/synagogue. observed,sketched,drawn,painted,sculpted,pho- Division means the county community develop- tographed, or similarly depicted by other persons ment services division,including its respective ad- ministrator, his designee, related departments, Nudity or a state of nudity means the appear employees, officers and agents. ance of a human bare buttock, anus, male geni- *Cross reference—Offenses involving public morals, § tals, female genitals or the areola or nipple of the 94-86 et seq. female breast. CD26:11 §26-152 COLLIER COUNTY CODE Operator means and includes the owner,permit Sexual encounter center means a sexually- holder, custodian, manager, operator and person oriented business or similar commercial enter- in charge of any permitted premises. prise that, as one of its primary business pur- poses, offers for any form of consideration: Permitted premises means any premises that re- quires a permit and that is classified as a sexually- (1) Physical contact in the form of wrestling or oriented business under this article. tumbling between persons of the opposite sex; or Permittee means a person in whose name a permit to operate a sexually-oriented business has (2) Activities between male and female per- been issued as well as the individual listed as an sons and/or persons of the same sex when applicant on the application for a permit. one or more of the persons are in a state of nudity or semi-nudity. Physical culture establishment means any es- tablishment which offers, provides or advertises Sexually oriented arcade means any place to massage,body rubs or physical contact with spec- which the public is permitted or invited wherein ified anatomical areas, regardless of whether or coin operated or slug operated or electronically, not said establishment has received a sexually- electrically or mechanically controlled still or mo- oriented business permit under this article. Es- tion picture machines, projectors, or other image tablishments which routinely provide medical ser producing devices are maintained to show images vices by state licensed medical practitioners, to five or fewer persons per machine at any one electrolysis treatment by permitted operators of time, and where the images so displayed are dis electrolysis equipment, and massage by licensed tinguished or characterized by the depicting or massage therapists shall be excluded from the def describing of specified sexual activities or sped ^., inition of adult physical culture establishments. Pied anatomical areas. It is not the intent of this article to regulate Sexually-oriented bookstore, sexually-oriented matters of massage establishments. These mat- video store or sexually oriented novelty store means ters are regulated by the department of profes- a commercial establishment which, as one of its sional regulation, board of massage, and by state principal business purposes, offers for sale or law, F.S. ch. 480. rental for any form of consideration any one or more of the following: Public recreation area means public land which (1) Books, magazines, periodicals or other has been designated for recreational activities,in printed matter, or photographs, films, mo cluding,but not limited to,nature trails,boating, tion pictures,videocassettes or video repro- picnicking, beaches, parks, playgrounds, ball ductions, slides,or other visual representa- fields, basketball or tennis courts, pedestrian/bi- tions which are characterized by depictions cycle paths, open space, wilderness areas, or sim or descriptions of specified sexual activities ilar public land. or specified anatomical areas; or School means a facility which is in compliance (2) Instruments, devices or paraphernalia with the compulsory school attendance law, F.S. which are designed for use in connection ch. 232, and provides a curriculum of elementary with specified sexual activities. and secondary academic instruction,including kin- dergartens, elementary schools, middle schools, For the purposes of this definition,the term"prin- junior high schools, and high schools. cipal business purpose" shall include any such commercial establishment which: Semi-nude or semi-nudity means a state of dress in which clothing covers no more than the geni- (1) Derives 25 percent or more of its gross tals, pubic region, and the areola or nipple of the monthly revenues from the sale or rental of female breast, as well as portions of the body cov- the inventory and/or materials described in ered by supporting straps or devices. this definition; CD26:12 BUSINESSES § 26-152 (2) Has as 25 percent or more of its stock in ment, whether or not alcoholic beverages are trade the inventory and/or materials de- served, which regularly features: scribed in this definition; (1) Persons who appear in a state of nudity or (3) Devotes 25 percent or more of its interior semi-nudity; business area to the sale or rental of the inventory and/or materials described in this (2) Live performances, appearances or exhibi- definition; tions which are characterized by the expo- sure of specified anatomical areas or by (4) Devotes 25 percent or more of its adver- specified sexual activities; or tising to the sale or rental of the inventory (3) Films, motion pictures, videocassettes, and/or materials described in this defini- slides, or other photographic reproductions tion; or which are characterized by the depiction or (5) Does not meet one or more of the criteria in description of specified sexual activities or this subsection, but does offer for sale or specified anatomical areas. rental the inventory and/or materials de- Sexually-oriented motellhotel means a motel, scribed in this definition in a manner which hotel or similar commercial establishment which: demonstrates that the sale or rental of the aforesaid materials is a principal business (1) Offers accommodations to the public for any purpose. form of consideration;provides patrons with closed-circuit television transmissions, A commercial establishment may have other prin- films, motion pictures, videocassettes, cipal business purposes that do not involve the slides, or other photographic reproductions offering for sale or rental of material character- which are characterized by depiction or de- - ized by depictions or descriptions of specified scription of specified sexual activities or sexual activities or specified anatomical areas and specified anatomical areas; and which ad- still be categorized as a sexually-oriented book- vertises the availability of this sexually ori- store, sexually-oriented video store or sexually- ented type of photographic reproductions by oriented novelty store. Such other business pur- means of a sign visible from the public right- poses will not serve to exempt such commercial of-way or by means of any off-premises ad- establishments from being categorized as a vertising including, but not limited to, sexually-oriented bookstore, sexually-oriented newspapers, magazines, pamphlets or leaf- video store or sexually-oriented novelty store so lets, radio and television; long as one of its principal business purposes is the offering for sale or consideration of the speci- (2) Offers a sleeping room for rent for a period fied materials characterized by depictions or de- scriptions of specified sexual activities or speci- (3) Allows a tenant or occupant of a sleeping feed anatomical areas. room to subrent the room for a period of Sexually-oriented business means a sexually- time that is less than ten hours. oriented arcade, sexually-oriented bookstore, Sexually-oriented motion picture theater means sexually-oriented video store or sexually-oriented a commercial establishment where for any form novelty store, sexually-oriented cabaret,sexually- of consideration, films, motion pictures, videocas- oriented motel/hotel,sexually-oriented motion pic- settes, slides, or similar photographic reproduc- ture theater, sexually-oriented theater, escort tions are regularly shown which are character- agency, physical culture establishment, nude ized by the depiction or description of specified model studio, or sexual encounter center. sexual activities or specified anatomical areas. Sexually-oriented cabaret means a night club, Sexually-oriented theater means a theater, con- bar, bottle club as defined in F.S. ch. 561, restau- cert hall, auditorium, or similar commercial es- rant, or other commercial business or establish- tablishment which regularly features persons who CD26:13 § 26-152 COLLIER COUNTY CODE appear in a state of nudity or semi-nudity or live pederasty, pedophilia, sadism, sadomas- performances which are characterized by the ex- ochism, sapphism, urolagnia or zooerasty; posure of specified anatomical areas or by speci- fied sexual activities. (4) Masturbation, actual or simulated; or • Specified anatomical areas means: (5) Excretory functions as part of or in connec- tion with any of the activities set forth in (1) Less than completely and opaquely cov- subsections (1) through (4) of this defini- ered: tion. a. Human genitals or pubic region; Straddle dance (also known as a lap dance) b. Buttock; or means the use by an employee of a sexually- c. Areola or nipple of the female breast. oriented business of any part of his body to touch (2) Human male genitals in a discernibly the genital or pubic area of a person, or to touch turgid state, even if completely and the breast of a female person, whether clothed or opaquely covered. unclothed, while at the business; or the touching of the genital or pubic area of an employee by a Specified criminal act means: person while at the business; or the touching of (1) A criminal violation of this article; the breast of a female employee, whether clothed or unclothed,by a person while at the business. It (2) An offense under F.S. ch. 794 (sexual bat- shall be a"straddle dance"regardless of whether tery); the "touch" or "touching" occurs while the em- (3) An offense under F.S. ch. 796 (prostitu- ployee is nude, semi-nude or displaying or ex- tion); posing any specified anatomical area.It shall also be a "straddle dance" regardless of whether the (4) An offense under F.S. ch. 800 (lewdness; "touch" or "touching" is direct or through a me- indecent exposure); dium. (5) An offense under F.S. ch. 826 (bigamy; in Transfer of ownership or control of a sexually- cest); oriented business means and includes any of the (6) An offense under F.S. ch. 847 (obscene lit- following: erature; profanity); or (1) The sale, lease, or sublease of a business; (7) An offense under any analogous statute of a state other than Florida, or under any (2) The transfer of securities which constitute analogous ordinance of another county or a controlling interest in the business, city. whether by sale, exchange, or similar means; or Specified sexual activities means: (3) The establishment of a trust, gift, or other (1) Human genitals in a state of sexual stim- similar legal device which transfers the ulation, arousal or tumescence; ownership or control of the business,except (2) The fondling or other erotic touching of for transfer by bequest or other operation human genitals, pubic region, buttocks, of law upon the death of the person pos- anus, or female breast; sessing the ownership or control. (Ord. No. 91-83, § 4) (3) Sex acts,actual or simulated,including,but Cross reference—Definitions generally, § 1-2. not limited to, intercourse,oral copulation, or sodomy and also including as examples, Sec. 26-153. Purpose and intent. but not limited to,any of the following:acts of human analingus, bestiality, buggery, It is the purpose of this article to regulate --�� cunnilingus, coprophagy, coprophilia, fel- sexually-oriented businesses to promote the latio, flagellation, masochism, necrophilia, health, safety, morals, and general welfare of the CD26:14 BUSINESSES §26-157 citizens of the county, and to establish reasonable b. Where,in order to participate in a class and uniform regulations to prevent the continued a student must enroll at least three deleterious location and concentration of sexually- days in advance of the class; and oriented businesses within the county. The provi- c. Where no more than one nude model is sions of this article have neither the purpose nor on the premises at any one time. effect of imposing a limitation or restriction on the content of any communicative materials, in- (b) It is a defense to prosecution for a violation eluding sexually-oriented materials. Similarly it of this article that an employee of a sexually is not the intent nor effect of this article to restrict oriented business, regardless of whether or not it or deny access by adults to sexually-oriented ma is permitted under this article, exposed any spec - or protected by the first amendment, or to ified anatomical area during the employee's bona deny access by the distributors and exhibitors of fide use of a restroom, or during the employee's sexually-oriented entertainment to their intended bona fide use of a dressing room which is acces market. Neither is it the intent or effect of this sible only to employees. article to in any way condone or legitimize the (Ord. No. 91-83, § 28) distribution of obscene material. (Ord. No. 91-83, § 2) Sec. 26.156. Classification. Sexually-oriented businesses are classified as Sec. 26-154. Applicability. follows: Notwithstanding any provisions of any other (1) Sexually oriented arcade. county zoning or other ordinance to the contrary, (2) Sexually-oriented bookstore, sexually- this article shall apply to, and be enforced in, the oriented video store or sexually-oriented incorporated as well as unincorporated areas of novelty store. �,. the county. (Ord. No. 91-83, § 3) (3) Sexually-oriented cabaret. State law reference—Conflicts between ordinances of non- (4) Sexually-oriented motel/hotel. charted counties and municipal ordinances, Fla. Const. art. vIII, § (f). (5) Sexually-oriented motion picture. Sec. 26-155. Exemptions. (6) Sexually-oriented theater. (a) It is a defense to prosecution for any viola (7) Escort agency. tion of this article that a person appearing in a (8) Physical culture establishment. state of nudity did so in a modeling class oper (9) Nude model studio. ated: (10) Sexual encounter center. (1) By a college, junior college, or university (Ord. No. 91-83, § 5) supported entirely or partly by taxation; (2) By a private college or university which Sec. 26-157. Administration generally. maintains and operates educational pro- (a) The community development services divi- grams in which credits are transferable to sion administrator, or his designee, is responsible a college,junior college, or university sup- for granting, denying, revoking, renewing, sus- ported entirely or partly by taxation; or pending, and canceling sexually-oriented busi- (3) In a structure: ness permits for proposed or existing sexually- oriented businesses.The community development a. Which has no sign visible from the ex- services division administrator,or his designee,is terior of the structure and no other ad- also responsible for ascertaining whether a pro- vertising that indicates a nude person posed sexually-oriented business for which a is available for viewing; permit is being applied for complies with all loca- CD26:15 § 26-157 COLLIER COUNTY CODE --..\ tional requirements of section 26-161, all appli- Sec. 26.160. Inspection. cable zoning laws and/or regulations now in effect (a) An applicant or permittee shall permit rep- or as amended or enacted subsequent to the effec resentatives of the county sheriff's office, Naples tive date of the ordinance from which this article and Everglades City police departments, commu- was derived in the county,and the county,City of nity development services division and its munic- Naples and Everglades City comprehensive plans, ipal counterparts,the health department,and the whichever is applicable. fire department to inspect the premises of a (b) The sheriff's office is responsible for pro- sexually-oriented business for the purpose of in- suring compliance with the law, at any time it is viding information on whether an applicant has occupied or open for business. been convicted of a specified criminal act during the time period set forth in section 26-192 by the (b) It shall be unlawful and a person who oper- performance of FCIC/NCIC records request check. ates a sexually-oriented business, regardless of whether or not a permit has been issued for said (c) The community development services divi- business under this article, or his agent or em- sion administrator, or his designee is also respon- ployee commits a misdemeanor if he refuses to sible for inspecting a proposed, permitted or non- permit such lawful inspection of the premises at permitted sexually-oriented business in order to any time that it is occupied or open for business. ascertain whether it is in compliance with appli- (Ord. No. 91-83, § 11) cable statutes and ordinances. (Ord. No. 91-83, § 6) Sec. 26-161. Location of businesses. (a) It shall be unlawful and a person commits a ---Ns Sec. 26-158. Immunity from prosecution. misdemeanor if he operates or causes to be oper- ated a sexually-oriented business, regardless of The board of county commissioners,the City of whether or not a permit has been issued for said Naples, Everglades City and their respective city business under this article,within 500 feet of any councils,the community development services di- area in the county zoned for residential purposes. vision and its municipal counterparts, the sher- iff's (b) It shall be unlawful and a person commits a office, municipal police departments, and all other departments and agencies, and all other misdemeanor if he operates or causes to be oper- ated a sexually-oriented business, regardless of county and municipal officers, agents and em- ployees, whether or not a permit has been issued for said charged with enforcement of state and local laws and codes shall be immune from pros- business under this article, within 1,000 feet of ecution,civil or criminal,for reasonable,good faith any church, synagogue, school, child care center trespass upon a sexually-oriented business while or public recreation area in the county. acting within the scope of authority conferred by (c) It shall be unlawful and a person commits a this article. misdemeanor if he operates or causes to be oper- (Ord. No. 91-83, § 31) ated a sexually-oriented business, regardless of whether or not a permit has been issued for said business under this article, within 1,500 feet of Sec. 26-159. Notice. any other such regulated use. Any notice required or furnished under this ar- (d) It shall be unlawful and a person commits a tide may be accomplished by sending a written misdemeanor if he causes or permits the opera- notification by certified mail to the mailing ad- tion, establishment or maintenance of more than dress on the permit application. Said mailing ad- one sexually-oriented business, regardless of dress shall be considered the correct mailing ad- whether or not a permit has been issued for said dress unless the division is otherwise notified in business under this article, in the same building, ,—...., writing by certified mail. structure or portion thereof,or the increase of floor (Ord. No. 91-83, § 32) areas of any sexually-oriented business in any CD26:16 BUSINESSES §26-163 building, structure, or portion thereof, containing grant or renewal of the sexually-oriented busi- another sexually-oriented business. ness permit of a church/synagogue, school, child (e) For the purposes of this section, distances care center, public recreation area or residential Property within 1,000 feet of the sexually-oriented shall be measured in a straight line from property line to property line, along the shortest distance business. This provision applies only to the re between property lines,without regard to the route newal of a valid permit and does not apply when of normal travel or intervening structures or ob an application for a permit is submitted after a jects. Nothing in this section shall be construed to permit has expired or has been revoked. permit the operation of any business or the per (Ord. No. 91 83, § 8) formance of any activity prohibited under any other section of this article.Additionally, nothing Sec. 26.162. Additional regulations for mo- in this article shall be construed to authorize,allow tels/hotels. or permit the establishment or operation of any (a) Evidence that a sleeping room in a motel, business, the performance of any activity, or the hotel or a similar commercial establishment has possession of any item, which is obscene under been rented and vacated two or more times in a the statutorily and judicially established defini- period of time that is less than ten hours creates tions of obscenity. a rebuttable presumption that the establishment (f) Any sexually-oriented business lawfully op- is a sexually-oriented motel or hotel as that term erating on September 3, 1991 that is in violation is defined in this article. of this section shall be deemed a nonconforming (b) It shall be unlawful and a person commits a use for purposes of this article. A nonconforming misdemeanor if, as the person in control of a use will be permitted to continue for a period not sleeping room in a hotel, motel, or similar com- to exceed 365 days unless sooner terminated for mercial establishment that does not have a any reason or voluntarily discontinued for a pe- sexually-oriented business permit, he rents or riod of 30 days or more. Such nonconforming uses subrents a sleeping room to a person and, within shall not be increased, enlarged, extended or al- ten hours from the time the room was rented, he tered except that the use may be changed to a conforming use. If two or more sexually-oriented rents or subrents the same sleeping room again. businesses are within 1,500 feet of one another (c) For purposes of subsection(b)of this section, and otherwise in a permissible location, the the terms rent or subrent mean the act of permit- sexually-oriented business which was first estab- ting a room to be occupied for any form of consid- lished and continually operating at a particular eration. location is the conforming use and the later es- (Ord. No. 91-83, § 17) tablished business is nonconforming. (g) Under subsection(f)of this section,the com Sec. 26.163. Regulations pertaining to exhi- bition of sexually-explicit films munity development services division adminis- or videos. trator or his designee may, in his reasonable dis- cretion,grant an extension,not to exceed 365 days (a) A person who operates or causes to be oper- from the expiration of the 365-day period set forth ated a sexually-oriented business, other than a in subsection(f)of this section, for continuation of sexually-oriented motel/hotel and regardless of the nonconforming use provided that the owner of whether or not a permit has been issued to said the nonconforming use proves that he is unable to business under this article, which exhibits on the recoup his initial capital investment in the busi- premises in a viewing room of less than 150 square ness (which is a nonconforming use) within 365 feet of floor space, a film, video cassette or other days from the effective date of the ordinance from video reproduction which depicts specified sexual which this article is derived. activities or specified anatomical areas, shall (h) A sexually-oriented business lawfully oper comply with the following requirements: ating as a conforming use is not rendered a non- (1) Upon application for a sexually-oriented conforming use by the location, subsequent to the business permit, the application shall be CD26:17 § 26-163 COLLIER COUNTY CODE ,� accompanied by a diagram of the premises premises shall be configured in such a showing a plan thereof specifying the loca- manner that there is an unobstructed view tion of one or more manager's stations, the of each area of the premises to which any location of all overhead lighting fixtures and patron is permitted access for any purpose designating any portion of the premises in from at least one of the manager's stations. which patrons will not be permitted.A man- The view required in this subsection must ager's station may not exceed 32 square feet be by direct line of sight from the manag- of floor area. The diagram shall also desig- er's station. nate the place at which this permit will be (6) It shall be the duty of the owners and op- conspicuously posted, if granted. A profes- erator, and it shall also be the duty of any sionally prepared diagram in the nature of agents and employees present on the prem- an engineer's or architect's blueprint shall ises to insure that the view area specified not be required; however, each diagram in subsection(5)of this section remains un- should be oriented to the north or to some obstructed by any doors, walls, merchan- designated street or object and should be dise, display racks or other materials at all drawn to a designated scale with marked times and to insure that no patron is per- dimensions sufficient to show the various mitted access to any area of the premises internal dimensions of all areas of the in which has been designated as an area in terior of the premises to an accuracy of plus which patrons will not be permitted in the or minus six inches. The county commu application filed pursuant to subsection (1) nity development services division admin of this section. istrator,or his designee,may waive the fore- going diagram for renewal applications if (7) No viewing room may be occupied by more '� the applicant adopts a diagram that was than one person at any one time. previously submitted and certifies that the configuration of the premises has not been (8) The premises shall be equipped with over altered since it was prepared. head lighting fixtures of sufficient inten- sity to illuminate every place to which pa- (2) The application shall be sworn to be true trons are permitted access and an and correct by the applicant. illumination of not less than one foot candle as measured at the floor level. (3) No alteration in the configuration or loca- tion of a manager's station may be made (9) It shall be the duty of the owners and op- without the prior approval of the commu- erator and it shall also be the duty of any nity development services division admin- agents and employees present on the prem- istrator, or his designee. ises to insure that the illumination de- scribed above is maintained at all times that (4) It is the duty of the owners and operator of any patron is present on the premises. the premises to insure that at least one em- ployee is on duty and situated at each man- (b) It shall be unlawful and a person having a ager's station at all times that any patron duty under subsection (a) of this section commits is present inside the premises. a misdemeanor if he knowingly fails to fulfill that duty. (5) The interior of the premises shall be con- (Ord. No. 91-83, § 18) figured in such a manner that there is an unobstructed view from a manager's sta- Sec. 26-164. Employee records. tion of every area of the premises to which any patron is permitted access for any pur- (a) The permittee of a sexually-oriented busi- pose, excluding restrooms. Restrooms may ness is responsible for keeping a record of all em- not contain video reproduction equipment. ployees who are currently employed by the estab- If the premises has two or more manager's lishment, and of all former employees who were stations designated,then the interior of the employed by the establishment during the pre- CD26:18 BUSINESSES §26-166 ceding one year period. The record shall contain (b) Provided, however, that for those sexually- the current or former employee's full legal name, oriented businesses that offer for sale or rental for including any aliases, his date of birth, his resi- any form of consideration a tangible inventory of dential address, his residential telephone number material, some of which is characterized by the (if any), his driver's license number or his state or depiction or description of specified anatomical federally issued identification card number,and a areas or specified sexual activities and some of recent photograph of the current or former em- which is not, there shall be no violation under ployee. subsections (a)(1) and (a)(2) of this section if the materials characterized by the depiction or de- (b) The original records required by subsection scription of specified anatomical areas or speci- (a)of this section,or true and exact copies thereof, fled sexual activities are kept inaccessible to and shall be kept at the sexually-oriented business at out of the view of minors who enter the business all times and copies,including clear photographs, premises. Provided further that there shall be no provided to the division. violation under subsection(a)(3) by said sexually- (c) Any operator of the sexually-oriented busi- oriented businesses if minors are not allowed to ness shall be responsible for knowing the location purchase or rent tangible inventory of materials of the original records, or the true and exact pho- characterized by the depiction or description of tocopies thereof. specified anatomical areas or specified sexual ac- tivities but they are allowed to purchase or rent (d) Any operator of the sexually-oriented busi- other tangible inventory of materials. ness shall, upon request by a law enforcement (Ord. No. 91-83, § 20) officer or a representative of the division or of any county, state or municipal department or agency Sec. 26-166. Advertising regulations. acting under this article or otherwise pursuant to law, make available for inspection the original (a) It shall be unlawful and a person commits a records or the true and exact photocopies thereof, misdemeanor if he operates or causes to be oper- during normal working hours. ated a sexually-oriented business, regardless of (Ord. No. 91-83, § 19) whether or not a permit has been issued for said business under this article,and advertises the pre- Sec. 26-165. Minors. sentation of any activity prohibited by any appli- cable state statute or local ordinance. (a) It shall be unlawful and a person commits a misdemeanor if he operates or causes to be oper- (b) It shall be unlawful and a person commits a ated a sexually-oriented business, regardless of misdemeanor if he operates or causes to be oper- whether or not a permit has been issued for said ated a sexually-oriented business, regardless of business under this article,and knowingly or with whether or not a permit has been issued for said reasonable cause to know, permits, suffers, or al- business under this article, and displays or other- lows: wise exhibits the materials and/or performances characterized by the description or depiction of (1) Admittance of a person under 18 years of specified anatomical areas or specified sexual ac- age to the business premises; tivities at such sexually-oriented business in any (2) A person under 18 years of age to remain at advertising. This prohibition shall not extend to the business premises; advertising of the existence or location of such sexually-oriented business. (3) A person under 18 years of age to purchase or rent goods or services at the business (c) Nothing contained in this section shall re- premises; or lieve the operator of a sexually-oriented business from complying with the requirements of the (4) A person who is under 18 years of age to county sign ordinance,and sign ordinances of mu- work at the business premises as an em- nicipalities within the county, as they may be ployee. amended from time to time, or any subsequently CD26:19 §26-166 COLLIER COUNTY CODE enacted county or municipal sign ordinances or the United States Supreme Court decision in regulations. Barnes v. Glen Theatre,Inc., 501 U.S._, 115 L. (Ord. No. 91-83, § 21) Ed.2d 504, 111 S.Ct.2456,59 USLW 4745(1991). (Ord. No. 91-83, § 24) Sec. 26-167. Hours of operation. (a) It shall be unlawful and a person commits a Sec. 26-170. Straddle dancing, other sexual misdemeanor if he operates or causes to be oper- activities. ated a sexually-oriented business, regardless of (a) It shall be unlawful and a person commits a whether or not a permit has been issued for said misdemeanor if he operates or causes to be oper- business under this article, and allows such busi- ated a sexually-oriented business, regardless of ness to remain open for business,or to permit any whether or not a permit has been issued under employee to engage in a performance, solicit a this article,and knowingly or with reason to know performance, make a sale,solicit a sale,provide a permits, suffers or allows any employee: service, or solicit a service, between the hours of 2:00 a.m. and 9:00 a.m. of any particular day. (1) To engage in a straddle dance with a person at the business; (b) It shall be unlawful and a person commits a misdemeanor if, working as an employee of a (2) To contract or otherwise agree with a person sexually-oriented business,regardless of whether to engage in a straddle dance with a person or not a permit has been issued for said business at the business; under this article,said employee engages in a per- formance, solicits a performance, makes a sale, (3) To engage in any specified sexual activity solicits a sale,provides a service, or solicits a ser at the business; --� vice between the hours of 2:00 a.m. and 9:00 a.m. (4) To display or expose any specified anatom- of any particular day. ical area while simulating any specified (Ord. No. 91-83, § 22) sexual activity with any other person at the establishment, including with another Sec. 26-168. Nudity prohibited at businesses employee; offering for sale alcoholic bever- ages. (5) To intentionally touch any person at the sexually-oriented business while engaged Section 6-2 of this Code, or applicable munic- in the display or exposure of any specified ipal ordinances, prohibiting nudity at any county anatomical area; commercial establishment at which alcoholic bev- erages are offered for sale for consumption on the (6) To voluntarily be within three feet of any premises, are hereby declared to be specifically person,other than another employee,while applicable to sexually-oriented businesses,regard- engaged in the display or exposure of any less of whether or not a permit has been issued to specified anatomical area. said businesses under this article. (Ord. No. 91-83, § 23) (b) It shall be unlawful and a person commits a misdemeanor if, as an employee of a sexually- Sec. 26-169. Nudity at businesses not offering oriented business, said person: for sale alcoholic beverages. (1) Engages in a straddle dance with a person It is hereby declared that F.S. § 800.03 prohib- at the business; iting public nudity specifically applies to sexually- (2) Contracts or otherwise agrees to engage in oriented businesses, regardless of whether or not a straddle dance with a person at the busi- a permit has been issued to said businesses under ness; this article, including said businesses even if no alcoholic beverages are sold, served or consumed (3) Engages in any specified sexual activity at at the premises of said businesses, pursuant to the business; CD26:20 BUSINESSES § 26-172 (4) Displays or exposes any specified anatom- c. That the sexually-oriented business has ical area while simulating any specified a permit which has expired or been can- sexual activity with any other person at celed; or the business, including with another em- d. That the sexually-oriented business has ployee; a permit which has been revoked. (5) While engaged in the display or exposure (2) It shall be unlawful and a person commits of any specified anatomical area,intention- a misdemeanor if he alters or otherwise ally touches a person at the sexually- changes the contents of a sexually-oriented oriented business; business permit without the written per- (6) Is voluntarily within three feet of any mission of the division. person,other than another employee,while (Ord. No. 91-83, § 26) said person/employee is engaged in the dis- play or exposure of any specified anatom- Sec. 26-172. Additional operational provi- ical area. sions. (c) It shall be unlawful and shall constitute a (a) Every sexually-oriented business shall, re- misdemeanor for any person at any sexually- gardless of whether or not said business is per- oriented business, regardless of whether or not mitted under this article, observe the following said business is permitted under this article, to general requirements: intentionally touch an employee who is displaying or exposing any specified anatomical area at the (1) Conform to all applicable building statutes, sexually-oriented business. codes, ordinances and regulations,whether federal, state or local; (d) It shall be unlawful and shall constitute a misdemeanor offense for any person at any (2) Conform to all applicable fire statutes, sexually-oriented business, regardless of whether codes,ordinances,and regulations,whether or not said business is permitted under this ar- federal, state or local; tide, to engage in a straddle dance with an em- ployee at the business. (3) Conform to all applicable health statutes, (Ord. No. 91-83, § 25) codes,ordinances,and regulations,whether federal, state or local; Sec. 26-171. Additional criminal prohibi- (4) Conform to all applicable zoning regula- tions. tions and land use laws, whether state or In addition to the criminal provisions found at local; other sections of this article, the following addi- tional criminal provisions shall also apply to (5) Maintain a continuously updated compila- sexually oriented businesses: tion of the records required in section 26-164 and, on the first Monday of every month, (1) It shall be unlawful and a misdemeanor for provide the division with an update of those a permittee or an operator to operate or for records for all persons who are, or have any person to be an operator or employee of been, employees at the business since the a sexually-oriented business where the per- first Monday of the previous month, and mittee, operator or employee knows or their positions. should know any of the following: (b) No permittee/operator may change the name a. That the business does not have a of a sexually-oriented business unless and until sexually-oriented business permit he satisfies each of the following requirements: under this article; b. That the sexually-oriented business has (1) Gives the division 30 days notice in writing a permit which is under suspension; of the proposed name change; CD26:21 § 26-172 COLLIER COUNTY CODE (2) Pays the division a $3.00 change of name ship is general or limited,and a copy of fee; and the partnership agreement, if any; c. A corporation, the corporation shall (3) Complies with F.S. § 865.09. state its complete name,the date of its (Ord. No. 91-83, § 27) incorporation, evidence that the corpo- ration is in good standing under state Secs. 26-173-26-185. Reserved. law, the names and capacity of all of- ficers, directors and principal stock- DIVISION 2. PERMIT holders,and the name of the registered corporate agent and the address of the Sec. 26-186. Required. registered office for service of process. (a) No sexually-oriented business shall be per- (2) If the applicant intends to operate the mitted to operate without a valid permit issued by sexually-oriented business under a name the county community development services divi- other than that of the applicant, the sion for the particular type of business.It shall be sexually-oriented business's fictitious name unlawful and a person commits a misdemeanor if and the county of registration under F.S. § he operates or causes to be operated a sexually- 865.09. oriented business without said permit. (3) Whether the applicant or any of the other (b) The fact that a person possesses other types individuals listed pursuant to subsection of state or county permits and/or licenses does not (b)(1) of this section has, within the five- exempt him from the requirement of obtaining a year period immediately preceding the date --� sexually-oriented business permit. of the application,been convicted of a spec- (Ord. No. 91-83, § 6(a), (g)) ified criminal act, and, if so, the specified criminal act involved, the date of convic- Sec. 26-187. Application. tion and the place of conviction. (a) An application for a permit required by this (4) Whether the applicant or any of the other division must be made on a form provided by the individuals pursuant to subsection (b)(1) of county community development services division. this section has had a previous permit under Any person desiring to operate a sexually-oriented this division denied, suspended or revoked, business shall file with the community develop- including the name and location of the ment services division an original and two copies sexually-oriented business for which the of a sworn permit application on the standard ap- permit was denied, suspended or revoked, plication form supplied by the community devel- as well as the date of the denial,suspension opment services division administrator or his des- or revocation,and whether the applicant or ignee. any other individuals listed pursuant to sub- section (b)(1) of this section has been a (b) The completed application shall contain the partner in a partnership or an officer, di- following information and shall be accompanied rector or principal stockholder of a corpora- by the following documents and information: tion that is permitted under this division (1) If the applicant is: whose permit has previously been denied, suspended or revoked, including the name a. An individual, the individual shall and location of the sexually-oriented busi- state his legal name and any aliases ness for which the permit was denied, sus- and submit satisfactory proof that he pended or revoked as well as the date of is 18 years of age; denial, suspension or revocation. b. A partnership, the partnership shall -� state its complete name,and the names (5) Whether the applicant or any other indi- of all partners, whether the partner- vidual listed pursuant to subsection (b)(1) CD26:22 BUSINESSES § 26.187 of this section holds any other permits under isting uses regulated by this article within this article and, if so, the names and loca- 1,500 feet of the property to be certified; tions of such other permitted businesses. the property lines of any established church/ synagogue, school, child care center or (6) The single classification of permit for which public recreation area within 1,000 feet of the applicant is filing. The applicant shall the property to be certified; and the prop- state the general nature of the type of erty lines of any residentially zoned area sexually-oriented business for which the ap- within 500 feet of the property to be certi- plicant is seeking a permit, including the fled.For purposes of this section,a use shall degree to which the anticipated activities be considered existing or established if it is at the business meet the definitions of the in existence at the time an application is enumerated sexually-oriented businesses at submitted. sections 26-152 and 26-156. Such a state- ment shall serve as the initial basis for the (13) If a person who wishes to operate a sexually- permitted activities allowed under any oriented business is an individual,he must permit that is issued. sign the application for a permit as appli- (7) The location of the proposed sexually cant. If a person who wishes to operate a oriented business,including a legal descrip- tion sexually oriented business is other than an tion of the property,street address,and tele individual, each individual who has a ten phone number, if any. percent or greater interest in the business must sign the application for a permit as (8) The applicant's mailing address and resi- applicant.If a corporation is listed as owner dential address. of a sexually-oriented business or as the en- tity which wishes to operate such a busi- (9) A recent photograph of the applicant and of ness, each individual having a ten percent any person listed pursuant to subsection or greater interest in the corporation must (b)(1) of this section. sign the application for a permit as appli- (10) The applicant's driver's permit number,So- cant. cial Security number, and/or his state or federally issued tax identification number. (14) If a person wishes to operate a sexually The same information shall be provided for oriented business which shall exhibit on the any person listed pursuant to subsection premises films, videocassettes, or other (b)(1) of this section. video reproductions which depict specified sexual activities or specified anatomical (11) A sketch or diagram showing the configu- areas, then said person shall comply with ration of the premises, including a state- the application requirements stated at sec- ment of total floor space occupied by the tion 26-163(a). business. The sketch or diagram need not be professionally prepared but it must be (15) The names of the employees for the pro- drawn to a designated scale or drawn with posed sexually-oriented business,if known, marked dimensions of the interior of the or, if presently unknown, a statement to premises to an accuracy of plus or minus that effect. six inches.The sketch or diagram shall des- ignate any portion of the premises in which (c) Applicants for a permit under this section patrons will not be permitted. shall have a continuing duty to promptly supple- ment application information required by this sec- (12) A current certificate and straight-line tion in the event that said information changes in drawing prepared within 30 days prior to any way from what is stated on the application. application by a state registered land sur- The failure to comply with said continuing duty veyor depicting the property lines and the within 30 days from the date of such change, by structures containing any established ex- supplementing the application on file with the di- CD26:23 § 26-187 COLLIER COUNTY CODE --...,,,,, vision administrator or his designee, shall be the premises must be inspected and found to be in grounds for suspension of a permit. compliance with the applicable jurisdiction's health, fire and building codes and laws. (d) In the event that the community develop- (Ord. No. 91-83, § 6(g)) ment services division administrator or his des- ignee determines or learns at any time that the Sec. 26-190. Location compliance. applicant has not properly completed the applica- tion for a proposed sexually-oriented business, he Prior to obtaining an occupational license to op- shall promptly notify the applicant of such fact erate any business defined in this article, and as and allow the applicant ten days to properly com- part of any application for a permit under this plete the application.The time period for granting division, the applicant shall obtain from the corn- or denying a permit shall be stayed during the munity development services division adminis- period in which the applicant is allowed an oppor- trator or his designee a certification that the pro- tunity to properly complete the application. posed location of such business complies with the (e) By applying for a permit under this divi- locational requirements of section 26 161. sion, the applicant shall be deemed to have con— sented to the provisions of this article and to the Sec. 26-191. Investigation of application. exercise by the community development services division administrator, or his designee, the sher- (a) Upon receipt of an application for a permit iff's office and all other county agencies or state or under this division properly filed with the county municipal agencies or officers charged with en- community development services division and forcing the laws, ordinances and codes applicable upon payment of the nonrefundable application in the county of their respective responsibilities fee,the community development services division ^. under this article. administrator, or his designee, shall immediately (Ord. No. 91-83, § 6(c)—(f), (k)) stamp the application as received and shall im- mediately thereafter send photocopies of the ap- Sec. 26-188. Application fee. plication to the sheriff's office and any other state, (a) The applicant under this division shall be county or municipal agencies responsible for en- required to pay a nonrefundable application fee of forcement of health, fire and building codes and $250.00 at the time of filing an application under laws. Each department or agency shall promptly this division if the location of the proposed conduct an investigation of the applicant, appli- sexually-oriented business is in the unincorpo- cation and the proposed sexually-oriented busi- rated area of the county. The applicant shall pay ness in accordance with its responsibilities under the fee to the division. law and as set forth in this article. Said investi- gation shall be completed within 20 days of re- (b) The nonrefundable application fee shall be ceipt of the application by the community devel- $300.00 if the location of the sexually-oriented opment services division administrator or his business is in either the municipality of the City designee. At the conclusion of its investigation, of Naples or Everglades City.If the$300.00 fee is each department or agency shall indicate on the required, the applicant shall pay the fee to the photocopy of the application its approval or disap- division and the division shall remit $150.00 to proval of the application, date it, sign it, and, in the applicable municipality. the event it disapproves,state the reasons therefor. (c) All application fees shall be subject to mod- The sheriff's office shall only be required to cer- ification by resolution of the board of county corn- tify the FCIC/NCIC records request check men- missioners. tioned at section 26-157(b).The sheriff's office shall (Ord. No. 91-83, § 6(h)) not be required to approve or disapprove applica- tions. Sec. 26-189. Qualifications of applicant. (b) A department or agency shall disapprove an The applicant under this division must be qual- application if it finds that the proposed sexually- ified according to the provisions of this article and oriented business will be in violation of any pro- CD26:24 BUSINESSES § 26-192 vision of any statute, code, ordinance, regulation 59 USLW 4745 (1991). The permit shall be or other law in effect in the county or applicable posted in a conspicuous place at or near the municipality. After its indication of approval or entrance to the sexually-oriented business disapproval, each department or agency shall im- so that it can be easily read at any time. mediately return the photocopy of the application to the community development services division (c) Denial of application for permit. administrator or his designee. (Ord. No. 91-83, § 7) (1) The community development services divi- sion administrator, or his designee, shall Sec. 26-192. Issuance. deny the application for any of the following reasons: (a) The community development services divi- sion administrator,or his designee,shall grant or a. An applicant is under 18 years of age. deny an application for a permit under this divi- b. An applicant or an applicant's spouse sion within 30 days from the date of its proper is overdue on his payment to the county filing. Upon the expiration of the 30th day, the or applicable municipality of taxes, applicant may be permitted to begin operating fees,fines,or penalties assessed against the business for which the permit is sought, un- him or imposed upon him in relation to less and until the community development ser- a sexually-oriented business. vices division administrator, or his designee, no- c. An applicant is residing with a person tifies the applicant of a denial of the application who has been denied a permit by the and states the reason for that denial.Nothing con- county to operate a sexually-oriented tained herein is intended to, or shall be construed business within the preceding 12 to, exempt an applicant from compliance with all months, or residing with a person other applicable county, municipal, state and fed- whose permit to operate a sexually- eral laws including, but not limited to, require- oriented business has been revoked ments to obtain a building permit, certificate of within the preceding 12 months. occupancy, occupational license or zoning ap- d. An applicant has failed to provide in- proval. formation reasonably necessary for the issuance of the permit or has falsely (b) Grant of application for permit. answered a question or request for in- (1) The community development services divi formation on the application form. sion administrator, or his designee, shall e. The premises to be used for the grant the application unless one or more of sexually-oriented business have not the criteria set forth in subsection(c)of this been approved as being in compliance section is present. with health, fire and building codes by the department or agency responsible (2) The permit, if granted, shall state on its under law for investigating said com- face the name of the person to whom it is pliance. granted,the name of the business,the date f. The application or permit fees required of issuance, the expiration date, and the by this division have not been paid. address of the sexually-oriented business. g. An applicant of the proposed business The permit shall also refer to F.S. §800.03, is in violation of, or is not in compli- with the warning that any sexually-oriented ance with, any of the provisions of this business,whether or not a permit has been article. issued for said business under this division, h. The granting of the application would may be subject to said section's prohibition violate a statute, ordinance, or court against public nudity pursuant to the order. United States Supreme Court decision in i. The applicant has a permit under this Barnes v. Glen Theatre, Inc., 501 U.S. division which has been suspended or , 115 L.Ed.2d 504, 111 S.Ct.2456, revoked. CD26:25 § 26-192 COLLIER COUNTY CODE j. An applicant has been convicted of a Sec. 26-193. Annual permit fee. specified criminal act for which: (a) The annual nonrefundable fee for a sexually- 1. Less than two years have elapsed oriented business permit shall be $250.00 if the since the date of conviction or the location of said business is in the unincorporated date of release from confinement area of the county. The permittee shall pay the imposed for the conviction, which- fee to the division. ever is the later date,if the convic- tion is of a misdemeanor offense; (b) The annual nonrefundable fee for a sexually- 2. Less than five years have elapsed oriented business permit shall be $350.00 if the since the date of conviction or the location of said business is in either the munici- date of release from confinement pality of the City of Naples or Everglades City. If imposed for the conviction, which- the $350.00 fee is required, the permittee shall ever is the later date,if the convic- pay the fee to the division and the division shall tion is of a felony offense; or remit $200.00 to the applicable municipality. 3. Less than five years have elapsed (c) All annual permit fees shall be subject to since the date of the last conic- modification by resolution of the board of county tion or the date of release from con- commissioners. finement for the last conviction, (Ord. No. 91-83, § 10) whichever is the later date, if the convictions are of two or more mis- demeanor offenses or a combina- 26-194. Expiration of permit. tion of misdemeanor offenses oc- (a) Each permit shall expire one year from the curring within any 24-month date of issuance and may be renewed only by �' period. making application as provided in this division The fact that a conviction is being ap- (for renewals, a new survey, in addition to the pealed shall have no effect on disqual- survey originally filed shall not be required). Ap- ification of the applicant.An applicant plication for renewal shall be made at least 30 who has been convicted of a specified days before the expiration date, and when made criminal act may qualify for a sexually- less than 30 days before the expiration date, the oriented business permit only when the expiration of the permit will not be affected. time period required by this subsection (b) When the community development services has elapsed. division administrator, or his designee, denies re- (2) If the community development services di- newal of the permit, the applicant shall not be vision administrator, or his designee, de- issued a permit under this division for one year nies the application, he shall notify the ap- from the date of denial. If, subsequent to denial, plicant of the denial and state the reason the community development services division ad- for the denial. ministrator, or his designee, finds that the basis for denial of the renewal of the permit has been (3) If a person applies for a permit for a par- corrected,the applicant shall be granted a permit titular location within a period of nine if at least 90 days have elapsed since the date months from the date of denial of a pre- denial became final. vious application for a permit at the loca- (Ord. No. 91-83, § 12) tion,and there has not been an intervening change in the circumstances which could Sec. 26-195. Transfer of permit. reasonably be expected to lead to a dif- ferent decision regarding the former rea- (a) A permittee shall not operate a sexually- sons for denial,the application shall be de- oriented business under the authority of a permit .--„,‘ nied. at any place other than the address designated in (Ord. No. 91-83, § 9) the application for permit. CD26:26 BUSINESSES §26-197 (b) A permittee shall not transfer his permit to (4) Knowingly permitted gambling by any another person unless and until such other per- person on the sexually-oriented business son satisfies the following requirements: premises; (1) Obtains an amendment to the permit from (5) Operated the sexually-oriented business the community development services di- in violation of a building, fire, health, or vision administrator,or his designee,which zoning statute, code, ordinance or regula- provides that he is now the permittee, tion, whether federal, state or local, said which amendment may be obtained only determination being based on investiga- if he has completed and properly filed an tion by the division,department or agency application with the community develop- charged with enforcing said rules or laws. ment services division administrator, or In the event of such statute, code, ordi- his designee, setting forth the informa- nance or regulation violation,the commu- tion called for under this division in the nity development services division admin- application; and istrator, or his designee, shall promptly (2) Pays a transfer fee of 20 percent of the notify the permittee of the violation and annual permit fee set by this division. shall allow the permittee a seven-day period in which to correct the violation. If (c) No permit may be transferred when the the permittee fails to correct the violation community development services division admin- before the expiration of the seven-day istrator or his designee has notified the permittee period, the community development ad- that suspension or revocation proceedings have ministrator, or his designee, shall forth- been or will be brought against the permittee. with suspend the permit and shall notify the permittee of the suspension. The sus- (d) A permittee shall not transfer his permit to pension shall remain in effect until the another location. violation of the statute,code,ordinance or (e) Any attempt to transfer a permit either regulation in question has been corrected; directly or indirectly in violation of this section is or hereby declared void and the permit shall be (6) Engaged in a permit transfer contrary to considered abandoned and shall automatically this division. In the event that the com- revert to the community development services munity development services division ad- division administrator. ministrator, or his designee, suspends a (Ord. No. 91-83, § 16) permit on the ground that a permittee engaged in a permit transfer contrary to Sec. 26-196. Suspension of permit. this division, the administrator or his The community development services division designee shall forthwith notify the permit administrator, or his designee, shall suspend a tee of the suspension. The suspension permit for a period not to exceed 30 days if he shall remain in effect until the adminis- determines that a permittee, or an employee of a trator or his designee is satisfied that the permittee, has: requirements of this division have been met. (1) Violated or is not in compliance with any (Ord. No. 91-83, § 13) section of this article; (2) Engaged in excessive use of alcoholic bev- Sec. 26-197. Revocation of permit. erages while on the sexually-oriented busi- ness premises; (a) The community development services divi- sion administrator,or his designee,shall revoke a (3) Refused to allow an inspection of sexually- permit if a cause of suspension in section 26-196 - oriented business premises as authorized occurs and the permit has been suspended within by this article; the preceding 12 months. Supp. No. 25 CD26:27 §26-197 COLLIER COUNTY CODE t.Th (b) The community development services divi- date revocation became effective. If, subsequent sion administrator,or his designee,shall revoke a to revocation, the community development ser- permit upon determining that: vices division administrator finds that the basis (1) A permittee gave false or misleading in- for revocation under subsection (7) of subsection formation in the material submitted dur (b) of this section has been corrected, the appli- ing the application process; cant shall be granted a permit if at least 90 days have elapsed since the date revocation became (2) A permittee or an employee has know- effective. If the permit was revoked under subsec- ingly allowed possession, use or sale of tion(b)(5)of this section, an applicant may not be controlled substances on the premises; granted another permit until the number of years (3) A permittee or an employee has know- required under section 26-192 have elapsed. ingly allowed prostitution on the pre- (Ord. No. 91-83, § 14) mises; (4) A permittee or an employee knowingly operated the sexually-oriented business Sec. 26-198. Judicial review. during a period of time when the permittee's permit was suspended; After denial of an application for a permit (5) A permittee has been convicted of a spec- under this division, or denial of a renewal of an ified criminal act for which the time pe- application, or suspension or revocation of a per- riod required in section 26-192 has not mit, the applicant or permittee may seek prompt elapsed; judicial review of such administrative action in (6) On two or more occasions within a 12- the county circuit court. The administrative ac- month period, a person committed an tion shall be promptly reviewed by the court. offense, occurring in or on the permitted (Ord. No. 91-83, § 15) premises, constituting a specified crimi- nal act for which a conviction has been obtained, and the person was an em- Sec. 26-199. Consent. ployee of the sexually-oriented business at the time the offenses were committed. The fact that a conviction is being ap- By holding a permit under this division, the pealed shall have no effect on the revoca- permittee shall be deemed to have consented to tion of the permit; the provisions of this article and to the exercise by (7) A permittee is delinquent in payment to the division and all other county, federal, state the county, state, or any municipality and municipal departments, agencies, officers, within the county, for any taxes or fees agents and employees of their respective respon- past due; or sibilities under this article or other applicable laws. (8) A permittee or an employee has know- (Ord. No. 91-83, § 30) ingly allowed any act of sexual inter- course, sodomy, oral copulation, mastur- bation, or any other specified sexual activities to occur in or on the permitted premises. Secs. 26-200-26-225. Reserved. (c) When the community development services division administrator, or his designee, revokes a permit,the revocation shall continue for one year and the permittee shall not be issued a sexually- oriented business permit for one year from the Supp.No. 25 CD26:28 BUSINESSES §26-227 ARTICLE V. NONCONSENT TOWING, owner or association board for the removal of a PRIVATE PROPERTY TOWING AND vehicle or vessel parked on real private property. STORAGE OF VEHICLES* Authorized wrecker operator means a wrecker Sec. 26-226. Title. operator who is then designated as part of the wrecker operator system established by the gov- This article shall be known and cited as the ernmental unit that then has jurisdiction over the "Collier County Non-Consent lowing,Private Prop- scene of a wrecked or disabled vehicle (including, erty Towing, Immobilization and Storage of Vehi- when applicable,the Division of Florida Highway des Ordinance". Patrol),where the governmental unit/law enforce- (Ord. No. 2008-47, § 1; Ord. No. 2009-60, § 1) ment officer has determined necessary the re- moval of a vehicle/vessel by rotation wrecker. Sec. 26-227. Definitions. Commercial Motor Vehicle is defined as follows: In case of ambiguity, F.S. Any motor vehicle or motor vehicle combination y' F § 1.01(15), can beused on the streets or highways,which: (a)has a referred to construe the intent of this article. As gross vehicle weight of 26,001 pounds or more, or used in this article,the respective words or phrases has three or more axles regardless of weight,or is mean: used in combination when the weight of such Accident scene means the place where the ve- combination exceeds 26,001 pounds gross vehicle hicle/vessel is located immediately following an weight; (b) is designed to transport more than 15 accident that damaged that vehicle/vessel, pre- persons, including the driver; or (c) is transport- venting safe operation. ing hazardous materials and is required to be placarded in accordance with Title 49 C.F.R. part Administrative/lien fee shall mean the fee that 172, Subpart F. is charged by a towing company for title records, conducting a lien search, advertising costs, and Disabled means a vehicle/vessel that cannot be certified mail notification to the lienholder,owner moved by its own power because the physical and all persons with a vested interest in the condition of the towed vehicle/vessel, including vehicle of the whereabouts and charges against a from non-use, lack of fuel, mechanical malfunc vehicle or vessel as required by F.S. § 713.78. tion or because such movement, except by being towed, would otherwise be illegal or violate a Authorized person (for a vehicle/vessel) means private rule. any individual who at the time a decision to select a towing company is made, has lawful, actual or Extra time at scene shall mean any extra time constructive physical possession or custody of beyond one-half (1/2) hour at an accident scene, that vehicle/vessel, including, prioritized in this needed to safely remove a vehicle/vessel and shall descending order:registered owner or co-owner of also include the amount of time spent at a scene the vehicle/vessel, operator of the vehicle/vessel, when a tow truck has been summoned and is on bailee of the vehicle/vessel, or licensed passenger scene but unable to proceed through no fault of who is then 16 years of age or older, or insurance the tow truck operator. All extra billable time company authorized by the owner or co-owner of a shall be documented by the tow truck operator vehicle/vessel. and shall include the following information: (1) the name of the law enforcement agency, (2) the Authorized agent (for a property) means any law enforcement agency case number, (3) a de- agent or authorized agent for a property owner tailed description of the reason for the extra time who has written authority to sign for an absentee required to remain at the accident scene, and (4) the officer's name badge number. The documen- *Editor's note—Ord.No.2008-47,§§ 1-8,Sept.9,2008, tation shall also include a detailed explanation of amended art. V in its entirety to read as herein set out. Former art.V,§§26-226-26-231,pertained to maximum fees the services rendered which necessitated the ad for nonconsent towing and storage of vehicles and derived ditional charges. Extra time on scene shall be from Ord.No.99-38,§§ 1-6, adopted May 25, 1999. charged in fifteen-minute increments. Supp. No. 30 CD26:29 i-227 COLLIER COUNTY CODE Gross Weight shall mean the weight of a tow officer where an authorized wrecker operator is truck in pounds plus the weight of the vehicle(s)/ dispatched off of the wrecker rotation system (a vessel(s) or other machinery and the contents non-consent tow). being towed. Light reflective sign shall mean an eighteen- Incapacitated means any person who is then inch wide by twenty-four inch high sign made of physically or legally unable to operate the towed aluminum(at least 0.040 thickness)or fiber rein- vehicle/vessel at that time of the rotation request forced plastic (at least 0.090 thickness). The en- made by law enforcement because of that person's tire background surface and all lettering must at physical condition, including sickness, injury, be- a minimum be type 1 engineered grade sheeting ing under the influence of alcohol or controlled (ASTM D4956-01). The letters may be screen substance, being under arrest, being detained, printed on the type 1 sheeting using a compatible revocation or suspension of that person's opera- transparent ink so that the retroreflective is main- tor's license or permit,or any other condition that tained and visible. the jurisdictional law enforcement officer deter- mines is justification to call a wrecker off of Mileage charge shall mean allowable charges rotation. for miles from the location of the company storage yard to the location of an accident scene or scene Immobilization Device means any device at- of a rotation call authorized by a jurisdictional tached to a vehicle which is designed to prevent law enforcement agent. Mileage charges are not the vehicle from being operated. reimbursable for private property towing. Immobilization means the utilization of a"boot" Non consent towing means the recovery, tow other Immobilization Device that causes a ing,removal and storage of a vehicle/vessel with- out authorization of the vehicle/vessel owner or iicle to be immobile or otherwise renders a authorized driver and shall include both "Law l'I6'ehicle immobile or inoperable. Enforcement Officer Tows" and "Private Property Immobilization Company means the private Impounds/Tows" as defined herein. partnership,corporation or other privately owned Operator shall mean any person who provides business entity,including sole proprietor,engaged the services of recovering, towing, or removing in the immobilization of vehicles, including the vehicles/vessels and anyvehicle/vessel storage utilization of a "boot" or other Immobilization g services associated therewith and includes with- Device that causes a vehicle to be immobile or out distinction the owning of a towing firm and otherwise renders a vehicle immobile or inopera- the driver of a tow truck. ble. Person shall mean any natural person, firm, Law means all applicable ordinances, Florida partnership, association, corporation or other en- Statutes, United States Statutes and Codes, spe- tity of any kind whatsoever. cial acts, or any applicable lawful rules and reg- ulations enacted,promulgated,or adopted by any Private property means all real property not governmental entity or any agency or subdivision owned by, leased to, or similarly controlled by a thereof. governmental entity, including private roads. Law Enforcement Officer means every officer Private property impound or tow shall mean (full- or part-time) as then defined by federal law towing or removal of a vehicle/vessel without the or by Florida Statute, including subsection consent of the vehicle's owner or authorized driver 112.531(1), any subsection of 316.1906(1)(d)(1)(3) when that vehicle/vessel is parked on real prop- inclusive; or subsection 9443.10(1), (6) or (8). erty, as authorized by F.S. § 715.07, as may be amended, when the authorized agent for the Law Enforcement Tow shall mean any tow property or the owner of the property has re- authorized by any jurisdictional law enforcement quested removal of the vehicle/vessel. Supp.No. 30 CD26:30 BUSINESSES §26-227 Private rule means restrictive covenant, deed a location where the person providing the towing restriction, parking ticket restriction, and any services exercises control,supervision and respon- other private rule or regulation that prohibits sibility over the vehicle/vessel. that type of vehicle/vessel from being at or on that Storage facility shall mean the location where private property at that time, and towing or immobilizing that vehicle/vessel from that prop towed vehicle/vessels are stored. erty is then allowed by law. Tow shall mean to haul, draw or pull along a vehicle or vessel by means of a tow truck(wrecker) Real property owner shall mean that person for hire equipped with booms,car carriers,winches who exercises dominion and control over real or similar commercially manufactured equip- private property, including but not limited to,the ment.This is usually done by transporting vehicle/ legal titleholder, lessee, designated representa- vessels through a means other than the towed tive of a condominium or homeowner's association vehicle/vessel's power source by pulling the vehicle/ or any person authorized to exercise or share vessel behind a truck or transporting the towed dominion and control over real property; pro- vehicle/vessel on a truck bed or other substan- vided, however, that "real property owner" shall tially similar conveying vehicle/vessel that has not mean or include a person providing towing four or more wheels. services within the purview of this article. Towing company means any private partner- Recover shall mean to take possession of a ship, corporation or other privately owned busi- vehicle/vessel and its contents and to exercise ness entity, including sole proprietor, engaged in control, supervision and responsibility over it; the operation of towing vehicles/vessels by means including removal of vehicles from a canal or of a tow truck slide bed,wrecker or any other form other body of water, wooded area, or any other of towing apparatus designated for the purpose of unpaved area. transporting motor vehicles or vessels. This defi- Remove shall mean the removal of a vehicle/ nition includes any person,company,corporation, vessel from a canal or other body of water, a or other entity, which engages in, owns or oper- wooded area not readily accessible to a roadway ates a business that provides non-consent towing, (i.e., within a standard cable length) or when a recovery, removal and storage of vehicles/vessels vehicle/vessel is buried. This includes towing, for compensation. winching, skating, using go jacks, or any other Tow truck placard shall mean a decal or sign method employed by towing companies. issued by the local government agent, authorized jurisdictional law enforcement agency, or similar Road means alley, court,drive,driveway,high- governmental body,which is placed upon any tow way, interstate highway,lane, parking lot, street, truck to designate authorization to engage in or any other substantially similar place,public or non-consent tows and to allow parking in spe- private. cially designated areas authorized by the county Scene means a physical location from where a or jurisdictional governing body. vehicle is towed following response thereto by a Unavailable means that no authorized person law enforcement officer, including with regard to is physically present at the scene; or is present, an impounded vehicle/vessel or an abandoned but is incapacitated. When no accident scene is vehicle/vessel. involved, an authorized person is unavailable if he or she cannot readily be contacted to be asked Storage means retaining actual physical pos- to decide which towing company can tow that session of a vehicle/vessel at a private storage vehicle/vessel on that occasion. facility anywhere in Florida, for consideration, including storage at such a private storage facility Vehicle means a machine or other substantially by or on behalf of a governmental entity or agency similar thing designed or used to transport one or of any subdivision thereof. Storage shall further more persons and/or property over road or land in mean to place and leave a towed vehicle/vessel at the State of Florida, and that has two or more Supp.No.30 CD26:31 L,3-227 COLLIER COUNTY CODE wheels,and is propelled by its own engine,motor, or pulling animal(s). Vehicle includes car, truck, Light duty-Nonlaw enforcement towing trailer, semi-trailer, motorcycle, motor scooter, 1. Minimum gross weight 10,000 lbs. moped, bus, van, recreational vehicle, all-terrain 2. Minimum weight of tow truck 4,000 lbs. vehicle, golf cart, animal-drawn vehicle, and ev- 3. Minimum wheel lift extended rating 2,500 lbs. ery other substantially similar means of wheeled 4. Minimum cab to axle dimension 60" transportation. (b) Class B ratings(medium duty): Vessel is synonymous with boat as referenced Tow truck in s. 1(b),Art. VII of the State Constitution and 1. Minimum gross weight 30,000 lbs. includes every description of watercraft, barge, 2. Minimum extendable boom capacity 24,000 lbs. and airboat, other than a seaplane on the water, 3. Minimum winching capacity,dual 12,000 lbs. used or capable of being used as a means of 4. Minimum cable size and length 7/�s"x15o' transportation on water in and around the State 5. Minimum wheel lift retracted rating 10,000 lbs. 6. Minimum wheel lift extended rating 7,000 lbs. Of Florida. 7. Minimum tow sling safe lift 3,500 lbs. Wrecked means a vehicle that cannot be driven 8. Minimum safety chains(2 each) 18"grade 80 away from its location because of the physical 9. Minimum cab to axle dimension 96" condition of that vehicle/vessel, including from 10. Required state DOT registration non-use. Car carrier (Ord.No. 2008-47, §2;Ord.No.2009-60,§2;Ord. 1. Minimum gross weight 25,500 lbs. No. 2010-30, § 1) 2. Minimum deck capacity 15,000 lbs. 3. Minimum wheel lift capacity for sec- 4,000 lbs. Sec. 26-228. Tow truck class specifications. and vehicle 4. Minimum length 21" All tow truck vehicles must meet the following 5. Minimum winching capacity(1) 8,000 lbs. 'requirements and be commercially manufactured 6. Minimum cable size and length "/s"x 50' and meet all federal transportation and tow truck 7. Minimum tie down chains(4 each) ''/,s"grade 80 requirements: 8. Tie down straps (optional) (4 each), 2,000 lbs. per each wheel (a) Class A ratings: 9. Minimum cab to axle dimension 120" 10. Required state DOT registration Tow truck 1. Minimum gross weight 14,500 lbs. (c) Class C ratings(heavy duty): 2. Minimum telescoping boom capacity 16,000 lbs. 1. Minimum gross weight 58,000 lbs. 3. Minimum dual winching capacity 8,000 lbs. Air brakes, all tires H rated, capacity must equal 4. Minimum cable size and length 3/s"x100' axle rating. Device required controlling disabled 5. Minimum wheel lift retracted rating 5,000 lbs. vehicle's brakes.Tandem axles required. 6. Minimum wheel lift extended rating 3,000 lbs. 2. Minimum telescoping boom capacity 100,000 lbs. 7. Minimum tow sling safe lift 3,500 lbs. 3. Minimum winching capacity(dual) 50,000 lbs. 8. Minimum 10'safety chains(2 each) 5/15"grade 70 4. Minimum cable size and length 3/4"x 250' 9. Minimum cab to axle dimension 60" 5. Minimum wheel lift retracted rating 40,000 lbs. 6. Minimum wheel lift extended rating 15,000 lbs. Car carrier 7. Minimum heavy-duty tow bar rating 10,000 lbs. 1. Minimum gross weight 19,000 lbs. 8. Minimum safety chains(2 each) i/z"grade 80 2. Minimum deck capacity 10,000 lbs. 9. Minimum cab to axle dimension 18" 3. Minimum length 19' 10. Required state DOT registration 4. Minimum winching capacity(1) 8,000 lbs. 5. Minimum cable size and length 3/s"x50' (d) Class D ratings theme duty): 6. Minimum tie down chains(4 each) 3di6"grade 80 Encompasses those specifications in excess of the 7. Tie down straps (optional) (4 each), 2,000 lbs. minimum gross weight and related criteria required per each wheel for Class C ratings. 8. Minimum cab to axle dimension 120" 9. Minimum wheel lift capacity for sec- 2000 lbs. (Ord. No. 2008-47, § 3) and vehicle Supp.No. 30 CD26:32 BUSINESSES §26-229 Sec. 26-229. Maximum towing, storage and truck company, within 30 minutes related rates pertaining to non- after completion of such towing or consent tow services,as well as, removal, that the tow truck com- private property towing, im- pany is in possession of a vehicle/ pound and immobilization. vessel resulting from a private prop- (a) Limited to the specific towing or erty impound tow per F.S. § 715.07. immobili- zation operation and/or storage, this article does (4) Indoor storage rates may only be charged not limit pass-through of any additional towing, upon the express direction and written immobilization and/or storage related fees or authorization of the owner/authorized driv- charges required or authorized by Florida law er/agent, lien holder, insurance company which supersedes this article.Also,limited to the representative or investigating law en- specific towing, immobilization and/or storage, forcement agency. The only exceptions to this article does not affect any then existing this rule are: rights of a towing or immobilization company to a. When the condition of the vehicle/ recover from any person or entity all costs actu- vessel requires indoor storage due to ally paid for filing any form(s), taking any legal inclement weather conditions or the action(s),and/or other substantially similar costs. vehicle's window(s) and/or convert (b) The Board of County Commissioners shall, ible top is down and cannot be raised by resolution, establish maximum rates for non- and indoor storage is necessary to consent law enforcement towing,private property protect the vehicle and its contents; towing, storage, immobilization and related ser- or vices of towed vehicles/vessels, which may be b. When a municipal or county jurisdic- amended from time to time as follows: tion requires indoor storage for towed (1) Towing services per call, which shall in- vehicles/vessels. elude time from arrival on scene through (5) An administrative/lien fee shall only be the first thirty(30)minutes on scene that charged after the vehicle/vessel has been the tow truck is actually engaging in the in the storage facility for at least five (5) safe removal of a vehicle/vessel. calendar days, and: (2) A mileage charge for only law enforce- a. The law enforcement agency has pre- ment directed tows based upon the dis- pared an incident report authorizing tance from the towing business' location the vehicle/vessel to be impounded; to the scene and back. or (3) Storage charges that shall begin six (6) b. The law enforcement agency has been hours after arrival at the towing company notified by the tow truck company, location and will accrue in twenty-four within 30 minutes after completion (24)hour intervals starting each day there- of such towing or removal, that the after from the time of original arrival to tow truck company is in possession the storage location(e.g., car towed in for of a vehicle/vessel resulting from a storage at 6:00 p.m., between 6:00 p.m. private property impound tow per and 12:00 a.m. no storage charge applies, F.S. § 715.07; and at 12:01 a.m. charges for day one storage begins, the next day at 6:01 p.m. the c. The tow truck company must show second day of storage begins), where: proof that lien letter(s) have been prepared with the appropriate names a. Law enforcement has authorized the vehicle/vessel to be impounded; or and addresses (i.e., U.S. Mail Certi- fication Number,correspondence cop- b. The appropriate law enforcement ies, etc.), thereby establishing that agency has been notified by the tow fees have actually been expended. Supp.No.30 CD26:33 229 COLLIER COUNTY CODE (6) Underwater recovery performed by a cer- Sec. 26-230. Towing or immobilization with tified/professional diver with the written prior express instruction of real documentation and approval by the inves- property owner or authorized tigating law enforcement agency/officer agent and/or law enforcement on scene. agency. (7) A late hour gate fee may be applied be- In addition to the other requirements of this tween the hours of 6:00 p.m. to 8:00 a.m. article, no tow truck company shall, for compen- Monday through Friday, and 6:00 p.m. sation, recover, tow, or remove a vehicle/vessel Friday to 8:00 a.m. Monday, for law en- from real property, or provide storage in connec- forcement tows, when: tion therewith, nor shall a immobilization com- pany immobilize a vehicle/vessel from real prop- a. Impounded vehicles/vessels are re- erty, without the prior express instruction of the covered by the owner or authorized vehicle/vessel owner or authorized driver, except driver/agent during the aforemen- in accordance with the following: tioned late-hour gate period; or (1) Police directed tow: Tow truck companies b. The owner or authorized driver/ may for compensation recover, tow or re- agent wishes to recover property from move a vehicle/vessel based upon a law the impounded vehicle/vessel during enforcement directed tow without the prior the late hour gate period.There shall express instruction of the vehicle/vessel be no charge to any owner or autho- owner or authorized driver upon the prior rized person wishing to remove pre express instruction of a law enforcement agency and in accordance with the terms scription medication and prescrip- of any contracts or agreements between tion eyeglasses from an impounded the tow truck company and a governmen- tal Tow truck operators tal entity and/or law enforcement agency. may inform the owner or authorized driver/agent of the vehicle/vessel that (2) Private property impound: Tow truck or he/she may request that law enforce- immobilization companies may recover, ment officer be present at the time tow,immobilize or remove a vehicle/vessel agreed upon to recover the property based upon a private property impound sought. If it is found that the autho- without the prior express instruction of rized driver/agent of the vehicle/ the vehicle/vessel owner or authorized vessel made a false request to re- driver, upon the prior express instruction cover prescription medication and/or of a real property owner or his authorized prescription eyeglasses in order to agent on whose property the vehicle/ recover other items, the tow truck vessel is disabled, abandoned or parked operator may impose a late-hour gate without authorization or whose vehicle/ fee double the rate allowed by this vessel owner or authorized agent is un article. willing or unable to remove the vehicle/ vessel, provided that the requirements of (8) Hazardous material clean-up and dis- this article are satisfied. All companies posal as required, mandated and/or li- providing private property towing and/or censed through federal,state or local laws immobilization in Collier County must and approved by the investigating law have their storage facility(tow truck corn- enforcement agency/officer. panies only) and an office located within the county. Further, any towed or re- (9) Rates for the release of an immobilization moved vehicle or vessel must be stored at device. a site within a 10-mile radius of the point (Ord.No.2008-47,§4;Ord.No.2009-60, §3;Ord. of removal within the county boundaries. No. 2010-30, § 2) A person may not pay or accept money or Supp.No.30 CD26:34 BUSINESSES §26-230 other valuable consideration for the priv- (3) Except as otherwise provided in this arti- ilege of towing,immobilizing or removing cle, every prior express instruction made vehicles or vessels from a particular loca- in writing or in person shall indicate the tion. date and time of the instruction and shall be signed by the law enforcement officer The tow truck or immobilization company with their Identification number. recovering, towing or removing a vehicle/ vessel shall, within thirty(30)minutes of (4) Except as otherwise provided in this arti- completion of such towing, immobiliza cle,no such prior express instruction shall tion or removal, notify the appropriate be considered to have been given: law enforcement agency in which jurisdic- a. By the mere posting of signage as tion the vehicle/vessel was parked of the required by this article; nature of the service rendered, the name b. By virtue of the terms of any con- and address of the storage facility where tract or agreement between a tow the vehicle/vessel will be stored or where truck company and a real property the vehicle is immobilized, the time the owner; vehicle was secured to the towing vehicle/ c. When the prior express instruction vessel or immobilized, and the make, model,color and vehicle license plate num- occurs in advance of the actual un ber(if any) or registration number of the authorized parking of the vehicle/ vehicle/vessel. The tow truck or immobi- vessel; or lization company shall obtain the name d. Where the prior express instruction and identification number of the person is general in nature and unrelated to at the law enforcement agency to whom specific, individual and identifiable such information was reported and note vehicles/vessels, which are already that name on the trip ticket. parked without authorization. For all vehicles/vessels removed or immo (5) Each tow truck or immobilization corn- Forpany shall enter into a written contract bilized by a tow truck or immobilization with every owner of private property that company, a private property tow or immo authorizes the tow truck or immobiliza- bilization ticket shall be completed and tion company to tow or immobilize vehicles/ signed by the property owner or represen- vessels from its property. This written tative at the time of the tow or immobili- contract shall include the beginning date zation that includes that individual's driv- of said contract,the names and titles of all er's license number and the following persons (i.e., owner, property manager, information: the year, make, model, color condominium president, etc.) who have and vehicle identification number,the ve- the authority to appoint persons (i.e., se- hide license plate number(if any),a state- curity guard,night watchman,onsite man- ment of any visible damage to the exterior ager,etc.)who can authorize prior express of the vehicle/vessel, and an inventory of instruction to the tow truck or immobili- the visible inventory of the vehicle/vessel zation company to remove,recover,immo- initialed by the real property owner or his bilize or tow any vehicle/vessel from its authorized agent on whose property the property. The written contract shall also vehicle is disabled, abandoned or parked include the name and current telephone without authorization.Companies that do number of the tow truck or immobiliza- not remove the vehicle from its location tion company performing the towing or and are only providing immobilization immobilization service.Any addendum to services are not required to include an the contract shall include additional names inventory of the contents of the vehicle/ and titles as necessary. No such contract vessel. shall state that the tow truck company Supp.No. 30 CD26:35 ` i-230 COLLIER COUNTY CODE assumes the liability for improperly towed the services provided,any damages result- vehicles/vessels, contrary to F.S. ing from the recovery, towing, immobili- § 715.07(4). The tow truck or immobiliza- zation removal or storage and attorney's tion company must keep on file each con- fees and court costs. tract and addendum (if applicable) with the property owner. Such contract shall (9) Except as otherwise provided in this ordi- be maintained for at least twelve (12) nance or allowed by law, the practice of months after termination. Law enforce- placing a "boot" or other immobilization ment officers/agencies may inspect and device on a vehicle is prohibited. When request a copy of any and all such con- placement of an immobilization device is tracts from the tow truck or immobiliza- allowed by law, immobilization shall oc- tion company during normal business cur in accordance with the provisions of hours. The tow truck or immobilization this ordinance or the provisions of any company may not withhold production of applicable statute pursuant to which a the contract upon demand by law enforce vehicle is immobilized, as follows: ment officers/agencies. Failure to enter a. Only tow or immobilization compa- into or keep on file a contract with the nies licensed to conduct business in property owner shall be a violation of this Collier County and who are other- article. All contracts that were entered wise in compliance with all applica- into prior to the effective date of this ble Collier County ordinances may article shall accomplish the requirements immobilize vehicles. of this subsection by entering into an b. The practice of placing a boot or addendum to the current contract within other immobilization device on a ve- one (1) year following the enactment of hide to hold for towing is strictly this article. prohibited. No immobilized vehicle (6) Tow truck companies may not enter into a shall be towed by a towing company written contract with the owner of private until at least(6)hours have elapsed property that authorizes the tow truck after the installation of the immobi- company to tow vehicles/vessels from the lization device. In the event that a real property owner's property to a stor- vehicle is lawfully booted or other- age yard where the mileage restrictions wise immobilized and towed under have been exceeded contrary to F.S. this section,a separate fee for immo- § 715.07(2)(a)1, as may be amended from bilization may not be charged in time to time. addition to the towing fee; the max- (7) Real property owners or authorized rep imum rate shall be limited to that resentatives shall not request the recov- which may be charged for towing ery,tow,immobilization or the removal of said vehicle as set forth herein. vehicles/vessels that are reasonably iden- c. When immobilization is accomplished tifiable from markings or equipment as by the placement of an immobiliza- law enforcement, fire fighting, rescue tion device on the vehicle,it shall be squad, ambulance, or other emergency placed on the front wheel of the vehicles which are marked as such or to driver's side of the vehicle. The im- property owned by any governmental en- mobilization device may only be tity. placed on any other wheel or vehicle (8) Any person who improperly causes a ye- part if placement on the driver's side hicle/vessel to be recovered, towed, or im- mobilized, removed or stored shall be lia- d. Immediately after a vehicle is immo- ble to the vehicle/vessel owner or bilized,the person immobilizing such authorized representative for the costs of vehicle, the owner of the property Supp.No.30 CD26:36 BUSINESSES §26-231 where the vehicle is immobilized, or vessel is proposed to be removed or immo- an employee or agent of such person bilized and shall fulfill the following re- or owner,shall affix upon each of the quirements: front windows adjacent to the driv- er's and passenger's seats of such a. A light reflective sign shall be prom- vehicle a sticker measuring eight by inently placed at each driveway ac five(8 x 5)inches,containing a warn- cess/entrance or curb cut allowing ing that any attempt to move the vehicular access to the real property, vehicle may result in damage to the within five (5) feet from the public vehicle and stating the name and right-of-way line. If there are no curbs or access barriers, the signs business address of the person who shall be posted not less than one (1) immobilized such vehicle as well as sign for each twenty-five (25)feet of a business telephone number that lot frontage. The sign shall be per- will facilitate the dispatch of person- manently installed not less than four nel responsible for removing the im (4)feet and not more than six(6)feet mobilization device. The sticker will above ground level and shall be con include the Collier County ordinance tinuously maintained on the real number regulating the practice.Upon property for not less than twenty payment to remove the immobilizing four (24) hours prior to the towing, device, the immobilizing company immobilization or removal of any shall completely remove the affixed vehicle/vessel(s). sticker. e. Upon request of the immobilized ve- b. The light reflective sign shall clearly hide's owner or authorized driver/ display in not less than two-inch agent, and payment of any applica- high letters on a contrasting back- ble fee, the tow truck or ground, the words "UNAUTHOR- immobilization company shall re- IZED VEHICLES WILL BE TOWED lease the immobilized vehicle to the AWAY AT THE OWNER'S EX- vehicle's owner or authorized driver/ PENSE". The words "TOW AWAY agent within one (1) hour. ZONE"must be included on the light (Ord.No.2008-47,§5;Ord.No.2009-60,§4;Ord. reflective sign in not less than four- No. 2010-30, § 3) inch high letters on a contrasting background. If the property owner Sec. 26-231. Notice requirements for remov- has authorized the immobilization of ing and immobilizing vehicles/ vehicles the sign shall read "UNAU- vessels from and on private real THORIZED VEHICLES WILL BE property. TOWED AWAY OR IMMOBILIZED (a) Tow truck or immobilization companies duly AT THE OWNER'S EXPENSE". permitted under this article may recover, tow, c. The light reflective sign shall clearly immobilize or remove a vehicle/vessel or provide indicate, in not less than two-inch storage in connection therewith upon the prior high letters on a contrasting back- express instruction of a real property owner or ground, the days of the week, and authorized agent, on whose property the vehicle/ hours of the day during which vehi- vessel is abandoned or parked without the autho- Iles/vessels will be immobilized or rization of the owner or other legally authorized towed away at the owner's expense; person in control of that vehicle or vessel, pro- and the name, address and current vided that the following requirements are satis- telephone number of the tow truck fied: or immobilization company perform- (1) Notice shall be prominently posted on the ing the towing or immobilization ser- real property from which the vehicle/ vice. Supp.No.30 CD26:37 >231 COLLIER COUNTY CODE (2) Light reflective signs must be maintained vehicle owner or other authorized person in con- or replaced so that they are clearly visi- trol of the vehicle/vessel of the name and address ble,legible and light reflective at all times. of the tow truck or immobilization company that The real property owner is responsible for has recovered,towed,immobilized or removed the providing,maintaining,replacing,and re- vehicle/vessel. moving signs, as necessary. Failing to provide, maintain, replace and/or remove (c) If the vehicle/vessel owner or authorized the signs in accordance with this section driver/agent arrives at the scene prior to the is a violation of this article. vehicle/vessel being removed,immobilized or towed (3) Startup:All new private property towing from the property, the vehicle/vessel shall be or immobilization contracts must comply disconnected from the tow truck or the immobili- with the light reflective sign require- zation device shall be removed and the vehicle/ ments beginning three (3) months after vessel owner or authorized driver/agent shall be the effective date of this article.All other allowed to remove the vehicle/vessel without in- "Tow Away" signs for previously existing terference upon the payment of a reasonable contracts must comply with these require- service fee of not more than one-half(I/z) of the ments, as signs are replaced, but no later posted rate for such towing service(drop charge), than three (3) years after enactment of for which a receipt shall be given, unless that this article. person refuses to remove the vehicle/vessel,which is unlawfully parked. In the case of an immobi- (4) The posting of notice requirements of this lized vehicle,the drop charge would be one-half of section shall not be required where: the established fee. No service fee shall be de- a. The real property on which a vehicle manded or paid if the vehicle was in the process of is parked is property appurtenant to being immobilized but not yet connected to the and obviously part of a single-family immobilization device. The bill/invoice must be type residence; or presented to the vehicle/vessel owner authorized/ driver/agent prior to request for the payment. In b. Written notice is personally given to the event the owner/driver of the vehicle/vessel is the vehicle/vessel owner or autho- occupying the vehicle/vessel and refuses to vacate rized driver/agent that the real prop- same,in addition to the drop charge, a tow truck erty on which the vehicle/vessel is or company/driver is permitted to charge extra time will be parked is reserved or other- at the scene where law enforcement involvement wise not available for unauthorized is necessary and the tow truck driver obtains the vehicles/vessels and is subject to be- name of the law enforcement agency,case number ing removed or immobilized at the of the law enforcement agency and the name and vehicle owner's expense. badge number of the investigating law enforce- (b) When any real property owner instructs a ment officer. The tow truck driver shall also vehicle/vessel to be recovered,towed,immobilized prepare detailed documentation/explanation as to or removed from his or her property and stored, why"extra time at scene" charges were required. she/he or a designated representative authorizing All documentation shall be provided to the vehicle/ the tow or immobilization shall sign their name vessel owner or authorized agent upon demand. and print their driver's license number on the (Ord.No.2008-47, §6;Ord.No.2009-60,§5;Ord. tow/immobilization ticket and include a vehicle No. 2010 30, § 4) condition report and a visual inventory list thereon. Companies that do not remove the vehicle from Sec. 26-232. Tow truck/immobilization corn- its location and are only providing immobilization pany requirements. services are not required to include an inventory of the contents of the vehicle/vessel. Immediately (a) Tow truck companies providing services upon request, and without demanding compensa- pursuant to this article shall not do so when there tion, the real property owner shall inform the is a person or animal occupying the vehicle/vessel. Supp.No.30 CD26:38 BUSINESSES §26-232 (b) Tow truck companies providing services the storage facility or, in the case of immobilized pursuant to this article shall transport the vehicle/ vehicles,the immobilized vehicle's location,of the vessel directly to the storage facility of the tow following: truck company providing the service, or to such (1) Each and every document or other item other location as a law enforcement officer autho- which must be produced to retrieve the rizing the tow may expressly direct, and shall not vehicle/vessel; keep the vehicle/vessel in any temporary holding area. (2) The exact charges as of the time of the telephone call, and the rate at which (c) Tow truck or immobilization companies pro charges accumulate after the call; viding services pursuant to this article shall keep (3) The acceptable methods of payment; and on file complete records of all current rates charged (4) The hours and days the tow truck for the recovery, towing, immobilization or re- company's storage facility is open for reg- moval of vehicles/vessels and storage provided in ular business. connection therewith. Tow truck companies shall also display prominently at each storage facility (f) Tow truck or immobilization companies pro- the following information: Signage which identi- viding services pursuant to this article shall allow fies the name of the towing company,a schedule of every vehicle/vessel owner or authorized driver/ all charges and rates for removal of vehicles/ agent to inspect the interior and exterior of the vessels for private property impounds and/or the towed/immobilized vehicle/vessel upon his or her removal of immobilization devices, a statement arrival at the storage facility or at the immobi- that the rates do not exceed the rates established lzed vehicle's location before payment of any charges. In the case of immobilization companies, and authorized pursuant to this article and the the immobilization device does not have to be rights afforded to a vehicle/vessel owner or autho- removed until after payment is rendered. With rized driver/agent pursuant to state statutes.The the exception of vehicles/vessels being held pur- above information shall be posted prominently in suant to the specific request or "hold order" of a the area designated by such tow truck companies law enforcement agency, the vehicle owner or to transact business. During business hours,such authorized driver/agent shall be permitted to re- area shall provide shelter, safety, and lighting move the vehicle license tag and any and all adequate for the vehicle/vessel owner or autho- personal property inside but not affixed to the rized driver/agent to read the posted rate sched- vehicle/vessel. ule. Further, notice shall be posted advising the vehicle/vessel owner or authorized driver/agent of (g) Companies providing services pursuant to the right to request and review a complete sched- this article shall not store or impound a towed ule of charges and rates for towing or immobili vehicle/vessel at a distance which exceeds a ten zation services for the jurisdiction in which the mile radius of the location within Collier County law enforcement order to tow was made. from which the vehicle/vessel was recovered,towed or removed unless no towing company providing (d) Tow truck companies shall provide signage services under this section is located within a on the property clearly visible from the street ten mile radius,in which case a towed or removed (unless otherwise prohibited by local zoning laws) vehicle/vessel must be stored at a site within with at least three-inch letters on a contrasting twenty (20) miles of the point of removal within background with the name and phone number of Collier County. the tow truck company. (h) Tow truck companies providing services pursuant to this article shall maintain one (1) or (e) Tow truck or immobilization companies pro- more storage facilities and shall maintain a cur- viding services pursuant to this article shall ad- rent county occupational license and shall be open vise any vehicle/vessel owner or authorized driver/ for the purpose of redemption of vehicles/vessels agent who calls by telephone prior to arriving at by owners or authorized drivers/agents on any Supp.No.30 CD26:39 ` 3-232 COLLIER COUNTY CODE day that the tow truck company is open for towing (k) Tow truck companies operating in Collier purposes from at least 8:00 a.m. to 6:00 p.m., County shall carry an insurance policy or policies Monday through Friday and, when closed, shall or certificates of insurance that shall indemnify/ have posted prominently on the exterior of the insure such company for its liability, at a mini- storage facility and place of business, if different, mum, as follows: a notice indicating a telephone number where the (1) Auto liability for each tow truck: tow truck company can be reached at all times. a. $300,000.00 combined single limit Upon request of the vehicle/vessel owner or au- for Class A—Light Duty tow trucks thorized driver/agent, the tow truck company used exclusively for private property shall release the vehicle/vessel to the vehicle/ impounds. vessel owner or authorized driver/agent within one (1) hour. b. $500,000.00 combined single limits for all other tow trucks. (2) General/garage liability: (i) Tow truck or immobilization companies shall not, as a condition of release of the vehicle/vessel, a. $300,000.00 combined single limit require a vehicle/vessel owner or authorized driver! for tow truck operators performing agent to sign any release or waiver of any kind only private property impounds. which would release the tow truck or immobiliza- b. $500,000.00 combined single limit tion company from liability for damages noted by for all other tow truck operators. the vehicle/vessel owner or authorized driver/ (3) Garage keeper's liability: $50,000.00 for agent at the time of the vehicle/vessel's release.A any one vehicle and $100,000.00 per oc- detailed,signed receipt showing the legal name of currence. tow truck or immobilization company remov (4) $50,000.00 on hook cargo liability cover g or immobilizing the vehicle/vessel shall be age for each vehicle. given to the vehicle owner or authorized driver/ agent at the time of payment,whether requested (5) Workers' Compensation coverage as re- or not. quired by state law. All insurance policies shall be issued by insurance companies authorized and qual- (j) Tow truck companies providing services pur- ified to do business in the State of Florida. suant to this article shall post a notice clearly Notwithstanding the minimum insurance visible to the vehicle/vessel owner or authorized coverage amounts required herein, the driver/agent seeking to recover his/her towed ve- Collier County Sheriff may require higher hicle/vessel,that if the owner or authorized driver/ coverage limits as a condition of eligibility agent believes he/she is being overcharged for a for working law enforcement rotation calls. non-consent tow or, he/she has the right to post a To the extent that State law requires cash or surety bond (or other adequate security greater liability coverage amounts than equal to the amount of the charges for towing or those stated herein, the greater amounts storage) for the disputed amount with the circuit required by State law shall control. court to obtain release of the vehicle/vessel.Upon (1) Immobilization companies shall carry an the posting of the bond as set forth in F.S.§713.78, insurance policy or policies or certificates of in- Florida Statutes, and payment of the applicable surance that shall indemnify/insure such com- fee set forth in F.S. § 28.24, the clerk of the court pany for its liability in an amount of no less than shall issue a certificate notifying the lienor of the $20,000.00 and for Workers'Compensation cover- posting of the bond and directing the lienor to age as required by State law. All insurance poli- release the vehicle or vessel.The towing company cies shall be issued by insurance companies au- is obligated to release the vehicle upon a showing thorized and qualified to do business in Florida. of proof of the bond. To the extent that state law requires greater Supp.No.30 CD26:40 BUSINESSES §26-250 liability coverage amounts than those stated herein, also be maintained on file in each immo- the greater amounts required by State law shall bilization service vehicle involved in vehi- control. The insurance shall be kept in full force cle immobilization. and effect by the certificate holder at all times the (3) Companies providing immobilization ser- immobilization company is conducting business. vices shall accept payment to release ve (m) The following additional provisions shall hicles/vessels in the form of cash, bank apply to the immobilization of vehicles/vessels on debit card and major credit cards. private property: (Ord.No. 2008-47, §7;Ord.No.2009-60,§6; Ord. (1) Prior to immobilizing a vehicle for a first No. 2010 30, § 5) time "incidental" parking violation (inci Sec. 26-233. Penalties, enforcement and dental being defined as when a vehicle/ scope of article. vessel is parked such that it intrudes upon an area in violation of the private (a) Each violation of this article shall be sub- property's rules at a distance of less than ject to the maximum fine and/or other penalties 6 inches)the immobilizing company shall as then specified in the law under which that first post a legible printed warning notice enforcement action is based,including F.S.§125.69; on the driver's side window of the vehicle/ F.S.ch. 162,pt.II; as if a misdemeanor under F.S. vessel in a highly visible color, noting the §775.0823;or pursuant to any other provisions of time that the warning was posted, and law incorporated by reference into section 1-6 of stating that the vehicle/vessel is parked Collier County's Code of Laws and Ordinances on in violation of the private property's rules the date of the violation. and that if the vehicle is not relocated to a proper parking spot within six(6)hours of (b) Notwithstanding imposition any other pen- the issuance of the warning the vehicle/ alty or penalties by the county or by any other bw vessel will be immobilized. The immobili- entity,three or more separate incidents involving zation company shall keep records of the violations of this ordinance, committed by the time of issuance of the warning notice for same towing or immobilization company within a a minimum period of one (1)year. 365 day time period,is a per se sufficient basis for forfeiture of that towing or immobilization (2) Lease, rental, or property owners' associ- company's and/or storage company's Collier County ation documents shall contain a notice occupational license for a period of sixty(60)days. provision indicating that the residential property utilizes vehicle/vessel immobili- (c) This article shall not apply to the towing/ zation. In the case of properties with immobilization of a vehicle/vessel that occurs with existing leases,rental agreements or prop- the consent of the vehicle/vessel's owner or oper- erty owners' associations documents, it ator. shall be sufficient to notify by regular (d) Violations of the provisions of this Ordi- mail, at the last known address, each of nance shall be enforced by the Collier County the tenants/owners of the property prior Sheriff. to the initiation of vehicle immobilization. All new leases,rental agreements or prop- (e) Nothing in this article shall prevent the erty owners' association documents shall Collier County Sheriff from providing additional contain the provision giving notice that or more restrictive requirements in contracts or the property owner intends to utilize ve- arrangements which authorize the recovery,tow- hide immobilization, and a complete and ing or removal of vehicles/vessels or storage pro- specifically detailed list of rules, that if vided in connection therewith. violated,will result in vehicle immobiliza- (Ord. No.2008-47,§8;Ord.No. 2009-60,§7;Ord. tion. A copy of those provisions must be No. 2010-30, § 6) posted in the rental office and/or a com- mon area.A copy of those provisions must Secs. 26-234-26-250. Reserved. Supp.No.30 CD26:41 251 COLLIER COUNTY CODE ARTICLE VI. CONVENIENCE BUSINESS identifiable image of an offender to assist SECURITY individuals involved in an investigation, in a format that can be enlarged and Sec. 26-251. Title. reproduced for distribution by law enforce- This article is and may be cited as the "Collier ment agencies. If one camera is not suffi County Convenience Business Security Ordi cient, additional cameras must be in- stalled to capture the image of an offender nance . (Ord. No. 07-74, § 1) at all register locations in use. The cam- era system shall be: Sec. 26-252. Definitions. a. Positioned to provide photographic CBI means any individual employed by the coverage of all registers in use and to CCSO who has been certified as a "convenience minimize tampering by customers or business inspector". offenders; CCSO means the Collier County Sheriffs Of- b. Maintained on a routine basis to face. ensure that the camera system is working properly at all times; Convenience business means any place of busi- ness that is primarily engaged in the retail sale of c. Capable of continuous operation or groceries,or both groceries and gasoline,and that activation by a remote triggering de- is open for business at any time between the vice such as a concealed button or hours of 11:00 p.m. and 5:00 a.m. The term bill trap alarm; and "convenience business" does not include: d. Verification that the camera system (1) A business that is solely or primarily a is in proper working order in accor- 4.„/ restaurant. dance with the standards listed above, shall be maintained on the premises (2) A business that always has at least five pro- employees on the premises after 11:00 in the form of test photographs p.m. and before 5:00 a.m. duced annually. The system shall be maintenanced no less than once ev- (3) A business that has at least 10,000 square ery four months, documented on a feet of retail floor space. maintenance log kept on the prem- (4) A business in which the owners or mem- ises. bers of the owner's family work in the (2) A drop safe or cash management device respective business premises between the bolted to the floor,installed in the floor or hours of 11:00 p.m. and 5:00 a.m. counter, or which weighs at least 500 Retail employee means an employee of a conve- pounds and prevents the retail employee nience business who in the course of such employ- from accessing surplus cash receipts. ment can be exposed to assault, bodily injury or a. Drop safes or cash management de- death from any individual in a convenience busi- vices must be installed and main- ness premises at any time. tamed as specified by the manufac- (Ord. No. 07-74, § 2) Curer. Sec. 26-253. Convenience business security b. Drop safes or cash management de- requirements. vices must offer protection against forced entry,while providing a means (a) Each convenience business shall be equipped with the following security devices and standards: for depositing currency,checks,coins and the like, contained in bags or (1) A security camera system capable of re- envelopes, or directly deposited into cording and retrieving a recognizable and the body of the safe. Supp.No.30 CD26:42 BUSINESSES §26-253 (3) A lighted parking lot illuminated at an the manufacturer's specifications and in intensity of at least two foot-candles per proper working order at all times the square foot at 18 inches above the surface. business is open. (4) A conspicuous notice at the entrance which (9) If a murder, robbery, sexual battery, ag- states that the cash register contains gravated assault,aggravated battery,kid- $50.00 or less. napping or false imprisonment has oc- curred at a convenience business, the (5) Window signage and window tinting must business must meet additional require- allow for a clear unobstructed view of the ments under F.S. § 812.173(4). cash register and sales transaction area from inside or outside of the building and (b) For the mutual convenience of the business in a normal line of sight. The degree of and each investigating officer, each convenience window tinting shall allow for physical business is encouraged to maintain and have identification of all individuals in the sales readily available in the transaction area a red transaction area from outside the build- three ring binder ("red book") to include the ing and in a normal line of sight at all following items: times. (6) Conspicuous height markers with digits (1) Inspection log, maintained for the imme at least one inch in size at the inside diate past two years' inspections, includ- entrance of the convenience business. ing the inspection results; (7) A written cash management policy that is (2) A copy of the business' then current local kept on-site,limits the cash on hand at all business tax receipt (formerly called an Lad times after 11:00 p.m. and before 5:00 occupational license); a.m. and provides for: (3) An annual test photograph taken by the a. Guidelines for deposits to be made security camera system and that shows on a regular basis, but at variable an identifiable image(to assist in offender intervals to minimize offender activ- identification and apprehension); ity resulting from scheduled depos- its or procedures for deposits picked (4) A maintenance log of the security camera up by an armored car service; and system that verifies the maintenance per- formed not less than once every four con- b. An encouragement to drop cash in secutive months.Upon request,the CCSO excess of$50.00 per register in the will provide the requestor an example safe at all times after 11:00 p.m. and camera test and maintenance log; before 5:00 a.m. (5) The convenience business' written cash (8) Unless an exemption is granted by the management policy that limits cash on Office of the Attorney General under F.S. hand at all times from 11:00 p.m. until § 812.173(3), a silent alarm which acti- 5:00 a.m. Upon request, the CCSO will vates a signal to a law enforcement or a provide the requestor a copy of the CCSO's private security agency is required.Silent example cash management policy; alarms shall have a primary and second- ary power source. Silent alarms must be (6) Documented proof that confirms the train- installed by a contractor licensed by the ing(specified below)has been provided to Florida Electrical Contractors' Licensing and learned by each retail employee within Board pursuant to the provisions of F.S. 60 days of the initial employment of each ch. 489. Silent alarms shall be such retail employee, including date(s) of maintenanced regularly in accordance with such training for each such employee;and Supp. No. 44 CD26:43 §26-253 COLLIER COUNTY CODE (7) A copy of the then current Florida's Con- County ordinances. No such notice, fine, or fine venience Business Security Act(currently reduction, shall be subject to any provision of F.S. F.S. §§ 812.1701 through 812.176). ch. 120. (Ord. No. 07-74, § 3; Ord. No. 2009-12, § 1) (b) The CCSO or Collier County's Code Enforce- ment Department personnel shall have full power Sec. 26-254. Required training for all conve- and authority to petition a court of law for an nience business' retail employ- injunction if it is determined by the CBI, the ees. director of code enforcement, or by the code en- forcement special master, if applicable, that the The owner or principal operator of each conve- health, safety, or public welfare is threatened by nience business, applied to each premises of the continued operation of a convenience business in retail convenience business, shall provide to each violation of this article. In any action for such an retail employee a proper robbery deterrence and injunction,the petitioner may seek a civil penalty safety training by Florida Attorney General ap- not to exceed $5,000.00 per violation, plus attor- proved curriculum within 60 days of the date of ney's fees and costs. such employee's initial employment. Upon re- (Ord. No. 07-74, § 5) quest,the CCSO will provide a copy of an example document titled "Robbery Prevention and Aware- Sec. 26-256. Conflict and severability. ness Training Handbook"that specifies a training program that has many times been"approved"by In the event this article conflicts with any other the Attorney General. The convenience business' ordinance of Collier County or other applicable original training curriculum shall be submitted in law,the more restrictive shall apply.If any phrase writing to the Attorney General and shall be or portion of this article is held invalid or uncon- r'iubmitted biennially to the Attorney General stitutional by any court of competent jurisdiction, reapproval. The application fee shall be as such portion shall be deemed a separate, distinct lien specified in F.S. § 812.174, or its successor. and independent provision and such holding shall (Ord. No. 07-74, § 4) not affect the validity of the remaining portions. (Ord. No. 07-74, § 6) Sec. 26-255. Enforcement; civil fines. Secs. 26-257-26-280. Reserved. (a) Any certified convenience business inspec- tor("CBI") employed by the Collier County Sher- ARTICLE VII. SECONDARY METALS if Office (CCSO) is authorized by this article to RECYCLERS investigate any alleged violation of this article. Violation of any provision of this article by any Sec. 26-281. Intent and purpose. owner or principal operator of a convenience busi- ness shall result in a notice of violation from such It is the intent of this Ordinance to supplement CBI. The noticed violator shall have 30 days after the provisions of F.S.ch. 538,pt. II,as it relates to receipt of such notice to provide proof to the CBI the purchase and disposition of secondary metal that the violator has complied with all require- property within unincorporated Collier County. ments stated in such notice. If the violation con- This ordinance is not intended to regulate second- tinues after that 30-day period,the CBI may refer hand dealers engaged in the sale or purchase of the case to Collier County Code Enforcement for precious metals under FS ch. 538, pt. I. enforcement. The director of code enforcement,or (Ord. No. 2012-07, § 1) the assigned code enforcement special master, if Sec. 26-282. Title and citation. applicable, may suspend imposition of any fine in his/her discretion up until an order imposing a This Ordinance shall be known and may be fine has been issued. After an order imposing a cited as the "Collier County Secondary Metals fine has been issued, fine reductions shall be Recyclers Ordinance." Leirolled by F.S. ch. 162, and applicable Collier (Ord. No. 2012-07, § 2) Supp. No. 44 CD26:44 BUSINESSES §26-285 Sec. 26-283. Applicability. form of identification issued by another This Ordinance shall be applicable only within state, or a passport or an appropriate the unincorporated areas of Collier County. work authorization issued by the United (Ord. No. 2012-07, § 3) States Bureau of Citizenship and Immi- gration Service, which contains a photo- Sec. 26-284. Construction and interpreta- graph and address. tion. (6) "Purchase transaction" means a transac- This Ordinance shall be liberally construed in tion in which a secondary metals recycler order to effectively carry out the intent and pur- gives consideration for regulated metals pose of this Ordinance. Where any provision of property. this Ordinance refers to or incorporates another provision, statute, rule, regulation or other au- (7) "Regulated Metals Property" means any thority,this Ordinance refers to the most current item composed primarily of any nonfer version, including and incorporating any amend- rous metals. The term does not include aluminum beverage containers,used bev ments thereto or renumbering thereof. (Ord. No. 2012-07, § 4) erage containers, or similar beverage con- tainers. The term includes household ap- Sec. 26-285. Definitions. pliances, well and pool pumps, and items made of ferrous metal listed as restricted The following words, terms and phrases shall metal property listed in F.S.§538.26(6)(b). have the meanings as stated: (1) "Ferrous Metals" means any metals con- (8) "Secondary Metals Recycler" means any taining significant quantities of iron or person who: 41110/ steel. a. Is engaged, from a fixed location, in (2) "Fixed Location" means any site occupied the business of gathering or obtain- by a secondary metals recycler as owner ing ferrous or nonferrous metals that of the site or as lessee of the site under a have served their original economic lease or other rental agreement providing purpose or is in the business of per- for occupation of the site by the secondary forming the manufacturing process metals recycler for a total duration of not by which ferrous metals or nonfer- less than 364 days. rous metals are converted into raw material products consisting of pre- (3) "Money" means a medium of exchange pared grades and having an existing authorized or adopted by a domestic or or potential economic value; or foreign government as part of its cur- rency. b. Has facilities for performing the man- (4) "Nonferrous Metals" means metals not ufacturing process by which ferrous containing significant quantities of iron or metals or nonferrous metals are con- steel, including, without limitation, cop- verted into raw material products per, brass, aluminum, bronze, lead, zinc, consisting of prepared grades and nickel, and alloys thereof, excluding pre- having an existing or potential eco- cious metals subject to regulation under nomic value, other than by the ex F.S. ch. 538, pt. I. clusive use of hand tools,by methods including, without limitation, pro- (5) "Personal Identification Card" means a cessing, sorting, cutting, classifying, valid driver's license or identification card cleaning, baling, wrapping, shred- issued by the Department of Highway ding,shearing,or changing the phys- Safety and Motor Vehicles under F.S. ical form or chemical content thereof. §§ 322.03 or 322.051, or an equivalent (Ord. No. 2012-07, § 5) Supp. No. 44 CD26:45 §26-286 COLLIER COUNTY CODE Sec. 26-286. Additional records required. (2) An electric light pole or other utility struc- (a) In addition to the record requirements of ture and its fixtures,wires, and hardware F.S. § 538.19, a secondary metals recycler shall that are readily identifiable as connected maintain a legible electronic record, in the Eng- to the utility structure. lish language, of all purchase transactions to (3) A guard rail. which such secondary metals recycler is a party. Such electronic format shall be specified by the (4) A street sign, traffic sign, or traffic signal Collier County Sheriffs Office and promulgated and its fixtures and hardware. by way of the Sheriffs official data specifications. (5) Communication, transmission, distribu- Electronic record shall be electronically transmit- tion, and service wire from a utility, in- ted to the Collier County Sheriffs Office from the cluding copper or aluminum bus bars, previous business day no later than 10:00 a.m. on connectors, grounding plates, or ground- the following business day the secondary metals ing wire. recycler is open for business. A recycler who (6) A funeral marker or funeral vase. transmits such records electronically is not re- quired to also provide the original or paper copies (7) A historical marker. of the form. However,the Collier County Sheriffs (8) Railroad equipment, including, but not Office may, for the purposes of a criminal investi- limited to, a tie plate, signal house, con- gation,require the recycler to provide the original trol box, switch plate, E clip, or rail tie of a transaction form that has been electronically junction. transferred within 24 hours after receipt of the (9) Any metal item that is observably marked request.The recycler shall also maintain a legible upon reasonable inspection with any form record of all purchase transactions to which the of the name, initials, or logo of a govern- .‘ lndary metals recycler is a party. mental entity, utility company, cemetery, 1110(b) A secondary metals recycler registered with or railroad. the department of revenue that purchases a mo- (10) A copper, aluminum, or aluminum-copper tor vehicle from a licensed salvage motor vehicle condensing or evaporator coil, including dealer as defined in F.S. § 320.07, or another its tubing or rods, from an air condition- secondary metals recycler registered with the ing or heating unit, excluding coils from department and uses a mechanical crusher to window air conditioning or heating units convert the vehicle to scrap metal must obtain a and motor vehicle air conditioning or heat signed statement from the seller stating that the ing units. seller has surrendered the vehicle's certificate of title to the Department of Highway Safety and (11) An aluminum or stainless steel container Motor Vehicles as provide in F.S. § 319.30, or or bottle designed to hold propane for otherwise complied with the titling requirements fueling forklifts. provided by law for conversion of the vehicle to (12) A stainless steel beer keg. scrap metal. A secondary metals recycler is not liable for the seller's failure to comply with the (13) A catalytic converter or any nonferrous titling requirements provided by law for conver- part of a catalytic converter unless pur- sion of a motor vehicle to scrap metal if the chased as part of a motor vehicle. secondary metals recycler obtains and maintains (14) Metallic wire that has been burned in the seller's signed statement. whole or in part to remove insulation. (Ord. No. 2012-07, § 6) (15) A brass or bronze commercial valve or Sec. 26-287. Restricted regulated metals. fitting, referred to as a "fire department connection and control valve" or an "FDC The following shall be considered as "restricted valve," that is commonly used on struc- regulated metals:" tures for access to water for the purpose of 1 I) A manhole cover. extinguishing fires. Supp. No. 44 CD26:46 BUSINESSES §26-291 (16) A brass or bronze commercial potable wa- Sec. 26-289. Certain acts and practices pro- ter backflow preventer valve that is com- hibited. monly used to prevent backflow of potable It is unlawful for a secondary metals recycler to water from commercial structures into do or allow any of the following: municipal domestic water service sys- tems. (1) Purchase restricted regulated metals prop- erty or ferrous metals between the hours (17) A shopping cart. of 6:00 p.m.and 7:00 a.m.Monday through Friday. (18) Brass Water Meter. (2) Purchase restricted regulated metals prop- erty(19) Storm Grates. from 6:00 p.m. on Friday to 7:00 a.m. on Saturday and 3:00 p.m. on Saturday till 7:00 a.m. on Monday. (20) Brass sprinkler heads used in commercial agriculture. (3) Purchase restricted regulated metals prop- (Ord. No. 2012-07, § 7) erty on Sunday. (4) Purchase restricted regulated metals prop- erty and ferrous metals from a non-fixed Sec. 26-288. Method of payment for re- location. stricted regulated metals. (5) Purchase any restricted regulated metals (a) Secondary metals recycler shall not enter property unless the secondary metals re into any cash transaction for purchase of any cycler obtains reasonable proof that the restricted regulated metals property listed above. seller: Payment by a secondary metals recycler for the a. Owns such property.Reasonable proof purchase of restricted regulated metal property of ownership may include,but is not shall be made by check issued to the Seller and limited to, a receipt or bill of sale; or payable to the Seller or by electronic payment to b. Is an employee, agent, or contractor the Seller's bank account or to the Seller's em- of the property's owner who is autho- ployer's bank account. Each check for payment rized to sell the property on behalf of shall be mailed by the secondary metals recycler the owner. Reasonable proof of au- directly to the street address of the Seller which is thorization to sell the property in- on file with the secondary metals recycler unless cludes,but is not limited to,a signed otherwise provided in this Ordinance. Payment letter on the owner's letterhead,dated shall not be mailed to a post office box. Electronic no later than 90 days before the sale, payments shall be sent to an account for which authorizing the seller to sell the prop- the Seller is listed as an account holder or an erty. employee or agent thereof. Each check or elec- (Ord. No. 2012-07, § 9) tronic payment shall be mailed or electronically transferred by the secondary metals recycler to Sec. 26-290. Enforcement. the Seller within three (3) days of the purchase transaction unless otherwise provided in this or- This Ordinance shall be enforced by the Office dinance. of the Collier County Sheriff. (Ord. No. 2012-07, § 10) (b) Exemptions.The secondary metals recycler Sec. 26-291. Penalties. may provide a check at the time of the purchase transaction, rather than mailing said check as Except as otherwise provided by law, a person required above, if the Seller falls within the found guilty of violating this ordinance may be exemptions set forth in F.S. § 538.22. punished by a fine not to exceed $500.00, or by (Ord. No. 2012-07, § 8) imprisonment in the county jail for a period not to y Supp.No.48 CD26:47 26-291 COLLIER COUNTY CODE exceed 60 days,or by both fine and imprisonment. Sec. 26-318. Construction and interpreta- Nothing in this section prohibits the County from tion. prosecuting a violation of this ordinance by any This Ordinance shall be liberally construed in other legal means afforded the County. order to effectively carry out the intent and pur- (Ord. No. 2012-07, § 11) pose of this Ordinance. Where any provision of this Ordinance refers to or incorporates another Sec. 26-292. Conflict and severability. provision, statute, rule, regulation, or other au- thority,this Ordinance refers to the most current In the event this Ordinance conflicts with any version, including and incorporating any amend- other ordinance of Collier County or other appli- ments thereto or renumbering thereof. cable law, the more restrictive shall apply. If any (Ord. No. 2013-21, § 3) phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent Sec. 26-319. Incorporation of state law by jurisdiction, such portion shall be deemed a sep- general reference. arate, distinct and independent provision and The provisions of State law governing second- such holding shall not affect the validity of the hand dealers and their transactions, including remaining portion. F.S. ch. 538, pt. I, are hereby incorporated by (Ord. No. 2012-07, § 12) general reference as they may exist and be amended from time to time. To the extent that the provi- sions of this Ordinance are more stringent than Secs. 26-293-26-315. Reserved. those of State law, then this Ordinance shall apply. ARTICLE VIII. SECONDHAND DEALERS (Ord. No. 2013-21, § 4) Sec. 26-320. Change to definitions. Sec. 26-316. Title and citation. Amending F.S.ch. 538,pt.I,as incorporated by reference herein, this Ordinance expressly in- This Ordinance shall be known and may be cludes "coins" within the definition of "Second- cited as the "Collier County Secondhand Dealer hand Goods." Ordinance." This Ordinance is not intended to (Ord. No. 2013-21, § 5) regulate secondary metal recyclers, as provided for in Ordinance No. 2012-07 and F.S. ch. 538, pt. Sec. 26-321. Change to exemptions. II. (Ord. No. 2013-21, § 1) Amending F.S.ch.538,pt.I,as incorporated by reference herein,and notwithstanding the exemp- Sec. 26-317. Applicability. tions set forth therein, this Ordinance expressly applies to any person,coin,or collectible shows or This Ordinance shall be applicable within the sales, and any person purchasing, consigning, or incorporated and unincorporated areas of Collier trading secondhand goods at a flea market regard- County, except to the extent that a municipality less of whether at a temporary or permanent has adopted or adopts its own ordinance in con- business location at the flea market. flict with this Ordinance. To the extent that this (Ord. No. 2013 21, § 6) Ordinance is applicable within a municipality,the Sec. 26-322. Limitation on location for pur- County and the municipality shall have concur chase of secondhand goods by rent authority and jurisdiction to apply and en secondhand dealers. force the Ordinance within the entirety of their jurisdictional boundaries. Amending F.S.ch.538,pt.I,as incorporated by (Ord. No. 2013-21, § 2) reference herein, a secondhand store shall not Lotupp.No. 48 CD26:48 include a hotel room or motel room, a vehicle, a post office box, or a private residence, and no secondhand goods may be purchased by a secondhand dealer from a hotel room or motel room, a vehicle, a post office box, or a private residence. Applications that list a hotel room or motel room, a vehicle, a post office box, or a private residence are not valid. This Ordinance is not intended to regulate licensed professional numismatics and philatelists at sanctioned or permitted events or shows. (Ord. No. 2013-21, § 7) Sec. 26-323. Additional hold period required. Amending F.S. ch. 538, pt. I, as incorporated by reference herein, a secondhand dealer shall not sell, barter, exchange, alter, adulterate, use, or in any way dispose of any secondhand goods within 30 calendar days of the date of acquisition of the goods and the secondhand goods shall remain within Collier County for the duration of the hold period. (Ord. No. 2013-21, § 8) Sec. 26-324. Enforcement. This Ordinance shall be enforced by the Office of the Collier County Sheriff and/or the appropri- ate law enforcement official within Collier County having jurisdiction as it pertains to the location of the secondhand store. (Ord. No. 2013-21, § 9) Sec. 26-325. Violations and penalties. All violations of this Article may be processed according to the Collier County Consolidated Code Enforcement Ordinance (Ord. No. 2010-04, as amended) and per provisions of F.S. ch. 162, pts. I or II, as may be applicable. A law enforce- ment official or code enforcement officer is specifi- cally authorized to issue a citation for each violation. Each day of any such violation shall constitute a separate and distinct offense. Further, each failure to properly document transaction information shall constitute a separate and distinct offense. The County may also enforce this Article by action in equity, including injunctive or declara- tory relief, in the appropriate court of competent jurisdiction. Any person who knowingly violates any provi- sion of this Article, including refusal to allow a law enforcement official to make an inspection under this Article, shall also be punished in the same manner as a misdemeanor as provided by general law. (Ord. No. 2013-21, § 10) Secs. 26-326—26-350. Reserved. ARTICLE XIX. RESERVED* Secs. 26-351—26-380. Reserved. ARTICLE XX. SHORT-TERM RENTALS DIVISION 1. SHORT-TERM VACATION RENTAL REGISTRATION Sec. 26-381. Title. This Ordinance shall be known and cited as "The Collier County Short-Term Vacation Rental Registration Ordinance." (Ord. No. 2021-45, § 1) Sec. 26-382. Legislative Findings and Intent. The Board hereby finds that the use of residential dwellings for short-term vacation rentals in established residential neighborhoods may create community impacts, including, but not limited to, excessive noise, accumulation of trash, on-street parking and diminished public safety; that to lessen these impacts and to protect the quiet enjoyment of neighboring residential units it is necessary to have a known, responsible person to contact who can reason- ably address issues that may arise from the use *Editor’s note—Ord. No. 2021-27, § 1, adopted July 13, 2021, repealed Art. XIX §§ 26-351—26-354 entitled "Collier County Fuel Pump Security,"which derived from Ord. No. 2018-55, §§ 1—4. § 26-382BUSINESSES CD26:49Supp. No. 101 of short-term vacation rentals, many of which are owned by non-residents;and that some owners of short-term vacation rentals may not properly remit required taxes and fees. Accordingly, it is the intent of this Ordinance to collect current and accurate information regarding short-term vacation rental properties and to encourage the appropriate management of these properties in order to protect the general health, safety and welfare of the residents and visitors to Collier County. (Ord. No. 2021-45, § 2) Sec. 26-383. Definitions. The following words, terms, and phrases, when used in this Ordinance, shall have the meanings set forth herein: Designated Responsible Party.The term "Designated Responsible Party"means any person eighteen (18) years of age or older designated by the Owner, tasked with responding to requests or complaints and other problems relating to or emanating from the Short-Term Vacation Rental. An Owner may retain a private property manage- ment company to serve as the Designated Responsible Party. The Designated Responsible Party shall be the agent of the Owner authorized to accept County-issued citations and notices of violation arising from the use of the Short-Term Vacation Rental. Owner.The term "Owner,"shall mean the person or entity holding legal title to the short- term vacation rental property, as reflected in the Collier County Tax Collector's records. Short-Term Vacation Rental.A "Short-Term Vacation Rental"means the rental of any habit- able space, including a room, apartment, living quarters, in any residential building, including but not limited to, condominiums, single-family or multi-family homes, for a term of six months or less, as provided in F.S. § 125.0104(3)(a), as amended, unless such person rents, leases, or lets for consideration any living quarters or accommodations which are exempt according to the provisions of F.S. ch. 212. Any Owner who is not required to register with the Florida Depart- ment of Business and Professional Regulation, as defined by F.S. ch. 509, is exempt from this ordinance. (Ord. No. 2021-45, § 3) Sec. 26-384. Short-term Vacation Rental Requirements. Prior to commencing any Short-Term Vacation Rental, it is the affirmative duty of the Owner to: 1. Register with the Florida Department of Business and Professional Regulation and the Collier County Tax Collector. 2. Obtain a Collier County Registration Certificate for each Short-Term Vacation Rental unit owned. The Certificate must identify that unit's Designated Responsible Party and current contact information. The Owner must notify the County in writing of any changes in ownership or of the Designated Responsible Party within ten (10) busi- ness days of such change. 3. Inform all guests prior to occupancy of the Short-Term Vacation Rental unit of all applicable Collier County ordinances, including noise, parking, and garbage. 4. Maintain all Short-Term Vacation Rental units under their control in compliance with the occupancy limits, as specified in the Collier County Code of Ordinances, Collier County Land Development Code, Florida Building Code, and Florida Fire Prevention Code. 5. Be available in person or by telephone or have the Designated Responsible Party available in person or by telephone twenty- four (24) hours a day, seven (7) days a week to address any law enforcement action, emergency response, or County ordinance violation arising from the rental of the Short-Term Vacation Rental unit and be willing and able to be onsite to address violations within the next day of notification. § 26-382 COLLIER COUNTY CODE CD26:50Supp. No. 101 6. Maintain the Short-Term Vacation Rental unit as specified in the Collier County Property Maintenance Code (Ord. No. 2010-02, as amended). 7. Include the Collier County Rental Registration Number of the Short-Term Vacation Rental unit in all advertising of the availability of accommodations for the Short-Term Vacation Rental unit. Advertising includes, but is not limited to, print, radio, video, online, social media, and sharing economy platforms. (Ord. No. 2021-45, § 4) Sec. 26-385. Penalty for Violations. Any violations of this Ordinance may be prosecuted and shall be punishable as provided by the Collier County Consolidated Code Enforce- ment Ordinance (Ord. No. 2010-04, as amended), and shall be subject to a fine or civil citation up to $500 per violation per day for ongoing repeat- ing violations. Each day of renting a Short-Term Vacation Rental unit without having a valid County Registration Certificate issued pursuant to this Ordinance shall constitute a separate and distinct violation of this Ordinance. Guests and Owners of Short-Term Vacation Rental units may be prosecuted separately and concurrently for a violation of any Collier County Ordinance, including but not limited to noise, parking, and garbage violations. (Ord. No. 2021-45, § 5) Sec. 26-386. 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 court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. (Ord. No. 2021-45, § 6) Secs. 26-387—26-410. Reserved. § 26-410BUSINESSES CD26:51Supp. No. 101