Chapter 146 - Waterways Chapter 146
WATERWAYS*
Article I. In General
Sec. 146-1. Vessel registration fee.
Sec. 146-2. Safety permits for commercial mullet vessels—Generally.
Sec. 146-3. Same—Suspension of requirements.
Secs. 146-4-146-30. Reserved.
Article II. Beach and Water Safety and Vessel Control
Division 1. Generally
Sec. 146-31. Title and citation.
Sec. 146-32. Definitions.
Sec. 146-33. Penalty.
Sec. 146-34. Intent and purpose.
Sec. 146-35. Applicability.
Sec. 146-36. Enforcement.
Sec. 146-37. Regulation of use and conduct on the beach.
Sec. 146-38. Vessel regulation.
Sec. 146-39. Concession operations, equipment rentals and vendors on the
beach and adjoining waters.
Secs. 146-40-146-50. Reserved.
1/46./ Division 2. Collier County Water Safety and Vessel Control Regulations
Sec. 146-51. Intent and purpose.
Sec. 146-52. Title and citation.
Sec. 146-53. Applicability.
Sec. 146-54. Vessel speed regulation.
Sec. 146-55. Definitions.
Sec. 146-56. Penalties.
Sec. 146-57. Enforcement.
Secs. 146-58-146-60. Reserved.
Division 3. Speed
Sec. 146-60.1. Short title.
Sec. 146-60.2. Definitions.
Sec. 146-60.3. Area of enforcement.
Sec. 146-60.4. Careful and prudent operation required.
Sec. 146-60.5. Speed limit in certain areas.
Sec. 146-60.6. Speed not to be greater than what is reasonable under the
conditions.
Sec. 146-60.7. Designation of "no-wake idle speed only" or "slow speed-
minimum wake."
Sec. 146-60.8. Exemptions.
*Cross references—Public possession or consumption of alcoholic beverages,§6-3;possession,sale or release of certain fish
prohibited, § 14-2;animals prohibited on beaches, § 14-36;coastal zone protection, §22-286 et seq.;seawalls and revetments,
§ 22-321 et seq.;floods,ch. 62;natural resources,ch. 90;parks and recreation,ch. 98.
Land development code reference—Private boathouses and docks, § 2.6.21.
State law references—Authority to provide navigation programs,F.S. §125.01(1)(j);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).
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Supp. No. 77 CD146:1
COLLIER COUNTY CODE
Article III. Public Beach Access
Sec. 146-61. Short title.
Sec. 146-62. Definitions.
Sec. 146-63. Penalties for violation;resort to other remedies.
Sec. 146-64. Intent.
Sec. 146-65. Approval of development plans;issuance of building permits.
Secs. 146-66-146-90. Reserved.
Article IV. Vanderbilt Beach Customary Use
Sec. 146-91. Title.
Sec. 146-92. Purpose and Intent.
Sec. 146-93. Definition.
Sec. 146-94. Right to Recreate.
Sec. 146-95. Buffer Zone.
Sec. 146-96. Obstruction of Vanderbilt Beach.
Sec. 146-97. Posting of Beach.
Sec. 146-98. Penalty for Violations.
Secs. 146-99-146-120. Reserved.
Supp. No. 77 CD146:2
WATERWAYS § 146-2
ARTICLE I. IN GENERAL (3) Three percent on county vessel registration
fees collected in excess of$10,000.00.
Sec. 146-1. Vessel registration fee. (d) Allocation and expenditure of fees. As re-
(a) Imposition. Those vessels stored or oper- quired by F.S. § 327.22, the first $1.00 of every
ated within the jurisdiction of the county which registration fee imposed hereunder shall be remit-
are required by law to be registered with the state ted to the state for deposit in the motor boat
shall be subject to a county vessel registration fee revolving trust fund for expenditure solely on
which shall be in the amount of 50 percent of the activities relating to the preservation of mana-
currently applicable state registration certificate tees. All other funds (after payment to the tax
fee,and will be added to the current state fee,and collector and the motor boat revolving trust fund)
will be as follows: shall be expended for the patrol, regulation, and
maintenance of the lakes, rivers, or waters and
(1) Class A-1, less than 12 feet in for other boating-related activities in the county.
length,and all canoes to which (Ord. No. 92-35, §§ 1-4)
propulsion motors have been
attached, regardless of length $ 1.75 Sec. 146-2. Safety permits for commercial
(2) Class A-2, 12 feet or more and mullet vessels—Generally.
less than 16 feet in length 5.25 (a) Definitions. The following words,terms and
(3) Class 1, 16 feet or more and phrases,when used in this section, shall have the
less than 26 feet in length 9.25 meanings ascribed to them in this subsection,
(4) Class 2, 26 feet or more and except where the context clearly indicates a dif-
less than 40 feet in length 25.25 ferent meaning:
(5) Class 3, 40 feet or more and Commercial mullet vessel means any vessel
less than 65 feet in length 41.25 fishing for mullet during mullet roe season with a
gill net or other net(excluding cast nets that are
(6) Class 4, 65 feet or more and thrown by hand).
less than 110 feet in length 49.25
Mullet roe season means the period from Octo-
(7) Class 5, 110 feet or more in ber 1 through January 31 of each year.
length 61.25
Registered owner means the individual whose
(8) Dealer registration certificate 8.25 name is identified in the vessel registration cer-
The county vessel registration fees shall be and tificate.
reflect 50 percent of the state vessel registration Safety equipment inspection means an inspec-
fees as set forth in F.S. § 327.25, and as it may be tion conducted by a certified law enforcement
amended hereafter. agency of the state authorized to inspect vessels.
(b) Collection of fee. The county vessel registra Such inspection shall insure that any commercial
tion fee shall be collected by the tax collector at vessel is in compliance with any statutory regu
the time of state vessel registration beginning on lations or marine fisheries commission rules that
June 1, 1992. regulate safety.
Safety permit means a permit decal issued by
(c) Payment/schedule. The tax collector shall the county tax collector's office after application is
be paid a collection fee, in accordance with F.S. § made and the requirements of this section have
192.091, and this section which provides for: been met, which decal is capable of and must be
(1) Ten percent on the first$5,000.00 of county affixed to the vessel.
vessel registration fees collected; Taking mullet includes taking, attempting to
(2) Five percent on the next$5,000.00 of county take, pursuing, capturing, possessing or killing
vessel registration fees collected; any mullet with a gill net or any other net,
Supp. No. 4 CD146:3
§ 146-2 COLLIER COUNTY CODE
excluding cast nets that are thrown by hand, registered owner of the commercial mullet vessel
whether or not such actions result in obtaining must make written application to the county tax
possession of mullet. collector's main office and present evidence of
compliance with the requirements set forth in
(b) Required. subsection (b) of this section.
(1) It shall be unlawful for any person to (d) Penalties. In addition to the penalty in
operate any commercial mullet vessel for section 1-6, any person convicted of operating a
the purpose of taking mullet during mullet commercial mullet vessel without a safety permit
roe season in the waters of the county, shall be ineligible to apply for or obtain a permit
excluding the channel of the intracoastal for one full year from the date of conviction.
waterway, without obtaining a safety per- (Ord. No. 91-19, §§ 1-4)
mit pursuant to this section. All safety
permits issued for mullet roe season shall Sec. 146-3. Same—Suspension of require-
be issued in the month of September imme- ments.
diately preceding each season and shall be It is the purpose of this section to temporarily
valid for one year. Safety permits shall not suspend the enforcement of section 146-2 for a
be issued to anyone except the registered period of one year to permit the board of county
owner of the vessel. commissioners to request and receive an attorney
(2) Before obtaining a safety permit, each ves- general's opinion regarding a jurisdictional legal
sel shall have a safety equipment inspec- issue raised by the state marine fisheries commis-
tion by a law enforcement agency autho- sion. Safety permits shall not be issued nor re-
rized to inspect commercial vessels and the quired pursuant to section 146-2 for a period of
vessel owner must produce evidence, upon one year from November 17, 1991.
application for a safety permit, that the (Ord. No. 91-112, §§ 1, 2)
vessel has passed the inspection. The ap-
plicant, at the time of application, must Secs. 146-4-146-30. Reserved.
also present a valid saltwater products
license, a restricted species endorsement ARTICLE II. BEACH AND WATER SAFETY
and the vessel's registration certificate in AND VESSEL CONTROL*
order to show compliance with other appli-
cable Florida Statutes. DIVISION 1. GENERALLY
(3) If the owner of a commercial mullet vessel
is issued a safety permit for one vessel Sec. 146-31. Title and citation.
before mullet roe season begins and the This division shall be known and be cited as the
owner of the vessel thereafter purchases "Collier County Beach and Water Safety and
another commercial vessel,that owner shall Vessel Control Ordinance."
be eligible immediately for a safety permit (Ord. No. 89-11, § 2)
for the subsequently purchased vessel,pro-
vided the registered owner has complied Sec. 146-32. Definitions.
with the requirements set forth in subsec-
tion (b)(2) of this section. Safety permits The following words, terms and phrases, when
are not, however, transferable from one used in this division, shall have the meanings
person to another. ascribed to them in this section, except where the
context clearly indicates a different meaning:
(4) The safety permit must be affixed to and
prominently displayed on the bow of the Aircraft means any motor vehicle or contriv-
vessel for which the permit was issued. ance now known or hereinafter invented,which is
*State law references—Watercraft and water safety,F.S.
(c) Fees. The safety permit fee shall be $25.00 ch. 327; restrictions on local water safety regulations, F.S. §
annually, payable to the county tax collector. The 327.60.
Supp.No. 4 CD146:4
WATERWAYS § 146-32
used or designed for navigation of or flight in the weighing over 350 pounds or having a length
air, except a parachute or other contrivance de- greater than ten feet. The term jet ski for pur-
signed for such navigation but used primarily as poses of this division shall include "sea sleds,"
safety equipment. The term "aircraft" shall in- "dolphin boats," "wave runners," or other such
elude ultralight aircraft and seaplanes. product name meeting the description herein pro-
A-weighted scale or sound level means the vided.
sound pressure level in decibels as measured on a License or licensed means a county occupa-
sound level meter using the A-weighted network. tional license or having such license.
The level so read is designated dBA.
Operate or operation means to navigate or
Bather means any person who is in the same
otherwise use any aircraft or vessel in or on the
water as a vessel, whether said person is swim- water.
ming, wading or engaged in any other activity in
the water. Permit means a beach vendor's permit issued
Bathing area means any area of the beach and by the county.
adjoining waters in which bathers are located or Rafts, floats and flotation devices means any
may be located, whether or not designated by device, whether of canvas, vinyl, rubber, styro-
signs or other form of notification. foam or other substance, intended or capable of
Beach means the soft sand portion of land lying assisting in the flotation of a person on or in the
seaward of a seawall or line of permanent vege- water of the Gulf of Mexico. The term shall not
tation and seaward of the mean high water line. include vessels or sailcraft,but shall include body
boards unless the context clearly indicates other-
Bloodbaiting means the use of blood or bloody wise.
fish parts to attract sharks.
Sailcraft means a wind-propelled vehicle used
Camping means the erection of shelter or sim- or capable of being used as a means of transpor-
ilar structures for the purpose of sleeping or lying tation on or in the water, including sailboats,
upon the beach either under or outside of any sailboards and windsurfboards.
shelter, vehicle, bedroll, blanket, or other protec-
tive garb. Seaplane means any aircraft that is capable of
Chumming means the throwing of bait or fish landing and/or lifting off from a water surface.
parts into the water to attract fish. Solicit or canvass means any act, delivery, or
County means the unincorporated area of Col exchange not initiated by the prospective cus-
lier County, Florida. tomer or which directs attention to any business,
mercantile or commercial establishment, or any
Decibel (dBA) means a unit for describing the other commercial activity, for the purpose of di-
amplitude of sound, equal to 20 times the loga- rectly or indirectly promoting commercial inter-
rithm to the base 10 of the ratio of the pressure of ests through sales, rentals, or any exchange of
the sound measured to the reference pressure, value.
which is 20 micronewtons per square meter.
Surfing means the riding or paddling of a
Gulf means the Gulf of Mexico. surfboard within the waters of the Gulf of Mexico
Idle speed means the lowest speed at which a abutting or adjacent to the beach.
vessel or sailcraft can operate and maintain steer- Ultralight aircraft or ultralight means any
ing control. heavier-than-air, motorized aircraft which meets
Jet ski means any personal watercraft de- the criteria for maximum weight, fuel capacity
signed exclusively for the riding enjoyment of one and airspeed established for such aircraft by the
or two persons,being propelled by propellers or by Federal Aviation Administration under part 103
a jet pump with a fully enclosed impeller and not of the Federal Aviation Regulations.
Supp.No.59 CD146:5
§ 146-32 COLLIER COUNTY CODE
Vessel means a motor propelled or artificially Little Hickory Island, and, except as otherwise
propelled vehicle and every other description of specified herein, shall not apply to the other
boat, watercraft, barge, and airboat other than a barrier islands within county jurisdiction.
seaplane on the water, used or capable of being (Ord. No. 89-11, § 3; Ord. No. 96-28, § 1, 6-11-96)
used as a means of transportation on or in the
water, including jet skis. Sec. 146-36. Enforcement.
(Ord. No. 89-11, § 4)
Cross reference—Definitions generally,§1-2. The provisions of this division shall be enforced
by members of any duly authorized law enforce-
ment agency or officers having jurisdiction in the
Sec. 146-33. Penalty. county.
Any owner, operator, or person in command of (Ord. No. 89-11, § 9)
any vessel or aircraft or any other person who Sec. 146-37. Regulation of use and conduct
violates the provisions of this division or fails to on the beach.
comply with the requirements of this division
shall be guilty of a misdemeanor and, upon con- (a) Possession of glass containers prohibited. It
viction thereof, shall be fined or imprisoned, or shall be unlawful for any person while on the
both,as provided by law,and in addition shall pay beach or beach access areas to possess or utilize
all costs and expenses incurred in the prosecution any glass bottle or container.
of such violation. In addition, and as an alterna-
tive means of enforcement, the county may en- (b) Restrictions on animals on beach. It shall
force the provisions or requirements of this divi- be unlawful for any person owning or have under
sion by means of any available civil remedy before his control any animal, to permit such animal
the appropriate code enforcement board or in a upon the beach, except guide dogs accompanying
court of competent jurisdiction. visually impaired persons or hearing ear dogs
(Ord. No. 89-11, § 8) accompanying hearing impaired persons shall be
State law reference—Penalty for ordinance violations, allowed on the beach at all times.
F.S.§ 125.69.
(c) Open fires prohibited; heated objects to be
disposed of properly. It shall be unlawful for any
Sec. 146-34. Intent and purpose. person to have an open fire on the beach. Said
prohibition shall not include a stove or grill where
It is the intent and purpose of this division to so designated and posted by the county parks and
protect and promote the health, safety and wel- recreation department. It shall be unlawful for
fare of the public at large,including residents and any person to dispose of any coals, briquets,
visitors to the county by providing reasonable embers or other heated object from any stove or
regulation of the public's use and conduct on the grill at the beach in other than a county desig-
beach and adjoining waters of the county, includ- nated receptacle.
ing the designation of specific areas within which
the operation of aircraft and vessels may be (d) Overnight camping prohibited. It shall be
regulated or prohibited. It is further intended unlawful to camp overnight on the beach.
that this division shall be liberally construed to (e) Fishing. It shall be unlawful for any person
effect such intent and purpose. while on the beach or within 1,000 feet from shore
(Ord. No. 89-11, § 1) to intentionally fish for sharks or to fish by those
methods commonly known as "chumming" or
Sec. 146-35. Applicability. "bloodbaiting."Nothing herein shall be construed
to create a duty of any sort on the part of any law
This article shall apply to and be enforced in enforcement officer or county employee to prevent
the unincorporated area of the county, including fishing or to warn of the presence of sharks in the
Key Island,Marco Island,Sand Dollar Island and Gulf of Mexico.
Supp.No.59 CD146:6
WATERWAYS §146-37
La/
(f) Throwing of balls,frisbees, or other objects. (k) Soliciting and canvassing prohibited.There
It shall be unlawful for any person to throw any shall be no solicitation or canvassing of the public
ball, frisbee, or other object through any bathing on the beach:
area after having been warned by any law enforce-
ment officer that such activity interferes with or (1) By other than licensed concessionaires of
endangers the movement of pedestrian traffic or goods and services for use or consumption
public safety. on the beach. No person other than a
licensed concessionaire shall solicit or can-
(g) Swimming. No person, except a person vass for the sale or rental of merchandise,
actually engaged in a rescue attempt, shall: services,goods,or property of any kind or
character intended for use or consump-
(1) Swim or bathe within 150 feet measured tion on the beach.
in any direction from a pier or jetty; or
(2) By licensed concessionaires. No licensed
(2) Swim or bathe in any area posted exclu- concessionaire shall solicit or canvass for
sively for vessel and/or sailcraft use. the sale or rental of any merchandise,
services, goods or property of any kind or
(h) Use of rafts, floats, and other flotation de- character except from within or within
vices. No person shall use any raft, float, body ten feet of his licensed premises or vehi-
board,or other flotation device of any description, cle.
except for a vessel or sailcraft,more than 500 feet (3) By any person of goods and services for
from the water's edge. use or consumption off the beach. No
(i) Operation of vessel or sailcraft while intox person shall solicit or canvass for the sale
icated.No person shall operate a vessel or sailcraft or rental of any merchandise, services,
of any description,whether motorized or not, surf goods or property of any kind or character
or otherwise use any other equipment in the Gulf to be delivered or performed off the beach.
of Mexico when under the influence of any alco- (1) Sound amplification. No audio device, such
holic beverage, or any chemical substance as set as loudspeakers, television, radio, compact disc,
forth in F.S.§877.111 or any substance controlled tape, or record player, or musical instrument,
under F.S. ch. 893 to the extent that the person's except equipment used by law enforcement, res-
normal faculties are impaired. cue or beach safety personnel,shall be used on the
beach in a manner that:
(j) Use of aircraft on beach or from or over
specified saltwater prohibited. No person shall (1) Exceeds a noise level of 60 decibels (dBA)
operate an aircraft, including seaplanes or ultra- measured on the A-weighted scale at 25
lights, ultralight trainers, or"ultralight vehicles" feet from the sound source; or
as defined in Chapter 14 of Code of Federal (2) Otherwise violates chapter 54, article IV,
Regulations, paragraph 103.1, on or from the of this Code.
beach or adjoining water within 500 feet of the
water's edge. In the area west of a southerly (m) Breach of the peace;disorderly conduct. No
projection of a north/south line that bisects the person shall commit such acts as are of a nature
intersection of County Road 92(San Marco Road) to corrupt the public morals,or outrage the sense
and U.S. Highway 41 (Tamiami Trail), no person of public decency, or affect the peace and quiet of
shall operate any ultralight (including ultralight persons who may witness them, or engage in
trainers and ultralight vehicles)from, on or over brawling or fighting,or engage in such conduct as
any saltwater except at a horizontal distance to constitute a breach of the peace or disorderly
greater than 500 feet seaward from the nearest conduct.
shoreline of the mainland or nearest shoreline of
the nearest island,whichever is the most restric- (n) Removal of beach sand. No beach sand may
tive reference point. be removed from the beach.
Supp.No.59 CD146:7
§ 146-37 COLLIER COUNTY CODE
(o) Litter. It shall be unlawful for any person to refuse and trash, by placing it in
discard or otherwise dispose of or abandon any designated containers, if provided,
trash,garbage,bottles,containers,cans,dead fish or removed to an off-site disposal
or parts thereof, charcoal briquets or ashes, or facility or receptacle.
any other litter, except in designated containers e. Vehicles are allowed only in areas
for that purpose. It is further unlawful to dispose designated as public access roads.
of any household garbage on the beach. f. Motor vehicle or vessel operation in
(p) Key Island. water bodies,wetlands, or low lying
(1) Prohibited Activities: areas located inside the boundaries
of the Buffer Preserves is allowed
a. Hunting, harassing, possessing or only where designated for such use
trapping wildlife. with signs.
b. Use of animal trapping or conceal- (Ord. No. 89-11, § 5; Ord. No. 96-28, § 2, 6 11 96;
ment devices. Ord. No. 2015-24, § 1)
c. Admission of unleashed domestic an- Sec. 146-38. Vessel regulation.
imals, except those assisting the (a) Operation in excess of idle speed. The oper-
handicapped. ation of any vessel, or sailcraft, in excess of idle
d. Transplantation or removal of any speed in or on all waters of the Gulf of Mexico
plant or animal,or parts of plants or within 500 feet offshore from all sandy beaches
animals (living or dead), except as arid shorefront bathing areas is hereby prohib-
provided herein. ited. Said prohibition shall be effective and en-
e. Removal, disturbance, pollution or forceable regardless of whether or not such area is
destruction of property,or natural or designated by appropriate sign, buoy or other
Co cultural resources.
public notice.
f. Solicitation or distribution of corn- (b) Jet ski regulation. No person shall operate
mercial materials and advertising of a jet ski:
any commercial event, other than (1) Closer than 750 feet perpendicular from
Department materials or announce- the waters edge except to go to and from
ments of Department sponsored or the shore or except in a vessel corridor
sanctioned events and gatherings. designated under subsection (c) hereof
nor proceed to or from that portion of the
g. Possession of glass containers pro- Gulf beyond 500 feet at a speed greater
hibited. It shall be unlawful for any than merely necessary to effectively tra-
person while on the beach or beach verse the breaking water, and from all
access areas to possess or utilize any distances from 500 feet to 750 feet from
glass bottle or container. the shore, at any safe speed under the
(2) Limited Activities: then existing conditions,but not to exceed
a. Hiking, horseback riding, and bicy-
cle riding shall be restricted to trails (2) In an unsafe,reckless or careless manner
or roads specifically designated for endangering the life, limb, or property of
those activities. any person.
b. Camping may be conducted only in (c) Vessel corridors. The following areas of the
designated areas. Gulf adjacent to the beach closer than 750 feet
from the shore may be designated as being exclu-
c. Fires are allowed only in designated sively for vessel use between dawn and dusk
areas. daily:
d. Visitors shall be responsible for the (1) Those areas of Tigertail,Vanderbilt Beach
proper disposal of all wastewater, and Clam Pass County Parks; and
Supp.No.59 CD146:8
WATERWAYS § 146-39
(2) Such other parks and areas designated during a publicly announced,properly au-
and posted by the county parks and rec- thorized, supervised and adequately pa-
reation department as vessel corridors or trolled regatta, speed trial or exhibition.
use areas.
(2) The operators of law enforcement or res-
(d) Beach launch of vessels. No person except a cue vessels or vessels operating under
law enforcement officer, licensed beach vendor, emergency conditions shall be exempted
authorized emergency personnel, or other person while conducting official duties or operat
actually engaged in a rescue attempt shall tra- ing under emergency conditions.
verse the beach with a motorized boat or jet ski or (3) Commercial fishing vessels are exempted
launch such vessel from the beach from an unau- while conducting fish netting operations,
thorized launching area. A licensed beach ven- provided the operations are conducted in
dor's location is an authorized launch site for that a safe and prudent manner and in accor-
vendor's equipment. dance with subsection (h) of this section,
vessel speed not to exceed reasonable speed
(e) Water skiing. No person including the skier
under existing conditions. Under no cir-
(anyone being towed on a line behind a vessel) cumstances, however, shall commercial
and the vessel operator shall water ski closer fishing vessels be operated at greater than
than 500 feet from the edge of the beach directly idle speed within 500 feet of bathers.
on the Gulf. (Ord. No. 89-11, § 6; Ord. No. 97-12, § 1, 2-11-97)
(f) Sailcraft including sailboats,windsurf boards
and sailboards.No person shall operate a sailcraft Sec. 146-39. Concession operations, equip-
closer than 500 feet perpendicular from the wa ment rentals and vendors on
ter's edge where bathers are present except to go the beach and adjoining wa-
to and from the shore by the most direct means ters.
possible in a safe and reasonable manner. The safety and welfare of the persons that
reside nearby the county's beach areas and of the
(g) Regulated areas. No person shall operate a
Public that recreate on the beach and adjoining
motorized vessel or sailcraft within an area which
waters makes necessary and appropriate the fol-
has been clearly marked by buoys or some other
lowing regulations:
distinguishing device for bathing, swimming or
which has been otherwise restricted by the county, (1) Beach vendor permit requirement. Any
provided that this subsection shall not apply in person or entity to be engaged in the
the case of an emergency or to a patrol or rescue rental, leasing, bailment for consider-
craft. ation, or otherwise providing transporta-
tion for remuneration, any motorized or
(h) Reasonable speed. Nothing contained in wind-driven vessel for use by the public
this section shall be construed to authorize or on the beach or adjoining waters of the
approve the speed of any vessel or sailcraft in county,including any personal watercraft
excess of that which is reasonable and proper and/or sailcraft, shall be required to ob-
under the existing conditions or circumstances tain a beach vendor permit/license from
including, but not limited to, the presence of the county.A beach vendor permit/license
water skiers,bathers,fishermen,natural hazards shall issue and be maintained upon the
or other water traffic. applicant paying such application fee there-
for as established from time-to-time by
(i) Exemptions. The following shall be ex- the county by Resolution. The applicant
empted from the provisions of this section: must meet the following requirements:
(1) The provisions of this section shall not be a. The applicant must have an opera-
construed to prohibit the operation, rac- tions office or headquarters located
ing or exhibition of vessels or sailcraft at a land-based location in an area
Supp.No.59 C D 146:8.1
§146-39 COLLIER COUNTY CODE
immediately adjacent to where the Collier County beach vendor's permit/
permitted/licensed activities are to license shall have a state vessel reg-
be provided for public use.The office/ istration number affixed thereon at
headquarters must be located only all times.
on land that is immediately seaward f. The applicant shall provide at least
of the upland owner's main building one operational life vest for each
adjacent to that adjoining beach.The occupant space on each of the vessels
land based operations/activities must to be offered for public use under
be conducted wholly within the geo- this section.
graphic confines of the two seaward
projections of the north/south prop- g. The applicant must provide a site
erty lines of the upland parcel, and plan for the beach operation that
the office/headquarters must have includes the operation's boundaries
direct physical access to the beach on the beach and the ingress and
and salt water. In the event the egress points to that operation. No
permittee/licensee has its authoriza- operation boundary shall extend into
tion to occupy the upland headquar- any pedestrian pathway.
ters area terminated or otherwise h. The applicant is required to obtain a
cancelled by the upland landowner county occupational license for its
or from whatever other person or operations office required under this
entity authorized that permittee/ section. To obtain an occupational
licensee to occupy that upland area, license, the applicant must provide
loss of right of that upland occu- proof of having a current,valid beach
pancy shall thereby automatically vendor's permit. Revocation of the
void the then existing Collier County occupational license shall automati-
beach vendor's permit/license for that cally void the respective beach ven-
area. dor permit/license.
b. The applicant must have and main- i. If a permit/license holder violates
tain a telephone and marine radio at any condition of the beach vendor
its land-based operations office. permit/license during any permit/
c. The applicant must have a motor- license year and is notified by the
ized chase boat with operational ma- county in writing of the violation,
rine radio in good running condition the director of parks and recreation
that meets all U.S. Coast Guard is authorized to impose conditions
safety requirements.That boat must on the subsequent annual beach ven-
be kept at the vessel rental site dor's permit/license (a probationary
during all hours of applicant's rental permit/license), including issuing a
operations. month-to-month permit/license that
d. The applicant must have and main- shall be summarily voidable for any
tain comprehensive general liability
similar or dissimilar violation of any
insurance with coverage not less than of the permit/license condition(s).
the amount of$500,000.00 combined (2) Beach vendor permittee, vessel user regu-
single limits. lations/general regulations.
e. The applicant shall provide a list a. Operator age restrictions applicable
describing and indicating the state to operation of all vessels with ten
vessel registration number of each horsepower or greater. As required
motorized vessel applicant places in by Subsection 327.395,Florida Stat-
service.Each motorized vessel placed utes,until October 1,2001,the rental
in service for public use under a to or operation of a motorized vessel
Supp.No.59 CD146:8.2
WATERWAYS § 146-39
powered by a motor of ten horse- tions must be easily visible to the
power or greater is prohibited by a operator of the rental jet ski when
motor of ten horsepower or greater is the operator is in the operating po-
prohibited to anyone born after Sep- sition on the jet ski.
tember 30, 1980, and on or after e. Mufflers on rental jet skis. Each
October 1,2001,a person 21 years of rental jet ski must always operate
age or younger, unless that person
has in his/her possession aboard the
vessel photographic identification and
a boater safety identification card
issued pursuant to Subsection
327.395, Florida Statutes, or such
person is at least 16 years of age and
the person's parent, or a supervisor
18 years of age or older is either
exempt from the requirements of Sub-
section 327.395,Florida Statutes,or
has a valid boater safety identifica-
tion card issued pursuant to that
subsection,accompanies that person
during operation of the vessel and
assumes all responsibility for each
operation violation that may occur
during that operation of that vessel.
It shall be a violation of this section
for any person to rent, lease or oth-
erwise provide for money or other
consideration a motorized vehicle to
anyone except as provided herein.
b. The renter, user, passenger of or on
any vessel described in this section
shall have on board an operational
life vest while using or having such
vessel in the water; and it is a viola-
tion of this section for any such per-
son using such vessel not to have a
life vest on board.
c. Pre-ride safety instructions.Each liv-
ery must also provide pre-ride boater
safety instruction and safety infor-
mation to each person who rents a
vessel powered by a motor rated at
ten horsepower or greater.
d. Display of rental jet ski speed limit
information.Each rental jet ski must
conspicuously display the special
speed limit instructions that apply
within all the respective distances
from the shore. The speed instruc-
Supp.No.59 CD146:8.3
WATERWAYS § 146-53
with stock mufflers or with mufflers Secs. 146-40-146-50. Reserved.
that are quieter than stock mufflers.
f. Each renter of a jet ski must read DIVISION 2. COLLIER COUNTY WATER
and initial that he/she understands SAFETY AND VESSEL CONTROL
the speed and operation restrictions REGULATIONS
placed upon operation of jet skis by
this section and/or by Chapter 327,
Florida Statutes. Sec. 146-51. Intent and purpose.
g. Rental jet ski identification mark- It is the intent and purpose of this division to
ings. Each rental jet ski must dis- protect and promote the health, safety and wel-
play identifying letters and/or num- fare of the public,including residents and visitors
bers that identify the specific jet ski. to Collier County and in particular by providing
Each identification number and/or reasonable speed regulation to the operation of
letter, trademark, logo, and/or corn- vessels as defined. It is further intended that this
pany name must be at least four division shall be liberally construed to effect such
inches in height and must contract intent and purpose.
with its background color so as to be
easily visible at a distance of 250 feet (Ord. No. 96-16, § 1, 4-9-96; Ord. No. 96-75, § 1,
by a person with 20/20 vision. 11-26-96; Ord. No. 97-10, § 1, 2-11-97)
h. Use of vessel corridors by rental jet Sec. 146-52. Title and citation.
skis. Each rental jet ski must use a
vessel corridor whenever a corridor This division shall be known and be cited as
is available. Maximum allowable the "Collier County Water Safety and Vessel Con-
speed in the corridor within 500 feet trol Ordinance."
of the shore os the slowest speed at (Ord. No. 96-16, § 2, 4-9-96; Ord. No. 96-75, § 1,
which the operator can effectively 11-26-96; Ord. No. 97-10, § 2, 2-11-97)
control the jet ski and be abe to
transverse the breaking water, and Sec. 146-53. Applicability.
at all distances from 500 feet to 750
feet from the shore, operate at any This division shall apply to and be enforced on
safe speed, but not to exceed 20 all the waters of the following described restricted
miles per hour. "idle speed - no wake" areas:
i. Safe operation of jet skis.All jet skis (1) The Clam Bay System including Upper
must be operated in a reasonable Clam Bay, Inner Clam Bay, Outer Clam
and prudent manner at all times. Bay, and Clam Pass. The restricted areas
Maneuvers which unreasonably or are as specified on the map attached hereto
unnecessarily endanger life,limb,or as "Exhibit A."
property,including weaving through
congested vessel traffic,jumping the (2) Hurricane Pass, as specified on the map
wake of another vessel unreasonably attached hereto as"Exhibit B."Hurricane
or unnecessarily close to such vessel Pass is described as follows: Those waters
or when visibility around such vessel northeast of the Gulf of Mexico between
is obstructed, or the vessel is oper- the shores of Cannon Island and
ated in a manner that required in- Keewaydin Island (also known as Key
tentional swerving at the last mo- Island),south of the southern end of Little
ment to avoid collision, constitute Marco Island within the following bound-
reckless operation. Jet skis are not aries: The northern boundary is a line at
limited to vessels that have one or the southernmost point of Little Marco
two occupants. Island at approximately 25°59.9'N,
(Ord. No. 89-11, § 7; Ord. No. 89-86, § 1; Ord. No. 81°45.17'W, east to Cannon Island
97-12, § 2, 2-11-97; Ord. No. 98-88, § 1) (25°59.9'N, 81°45.08'W), and west to
Supp. No. 10 CD146:9
§ 146-53 COLLIER COUNTY CODE
Keewaydin Island(25°59.9'N,81°45.25'W); Tier Bay, all of Roberts Bay, the west
the eastern boundary is the western shore shore of Sanctuary Sound, all of
of Cannon Island from its intersection Smokehouse Bay, all of Smokehouse
with the northern boundary of Hurricane Creek, the north side of Caxambas,
Pass south to its intersection with the all of Clam Bay,parts of Factory Bay,
southern boundary of Hurricane Pass;the the west shoreline of Barfield Bay,
southern boundary is a line extending and part of the north side of Horrs
from the southernmost point of Keewaydin Island; also all interior canals of
Island (23°59.78'N, 81°45.17'W) approxi- Marco Island.These areas are shown
mately east-southeast to the nearest shore on the maps attached hereto as Ex-
of Cannon Island(25°59.7'N,81°45.05'W); hibits "F" and "G."
and the western boundary is the eastern
shoreline of Keewaydin Island from its f. Goodland Area:Within 500 feet of all
southernmost point (25°59.78'N, shoreline of Goodland; also the boat
81°45.17'W)northward to its intersection basin in the Big Marco River adja
with the northern border of Hurricane cent to the north side of the State
Pass. Road 92 Bridge. These areas are
shown on the map attached hereto
(3) At all boat basins,in all residential canal, as Exhibit "G."
and at all saltwater areas within 500 feet
of the then sea walled shoreline in the (4) Henderson Creek:All of Henderson Creek
following areas: east of the Highway 951 Bridge and west
a. Little Hickory Bay:The north side of of that bridge to the first piling. This are
Little Hickory Bay in the vacinity of is shown on the map attached hereto as
Bonita Shores and Lely Barefoot Exhibit "H."
Beach.These areas are shown on the
map attached hereto as Exhibit "C." (5) Port of the Islands: The sea walled ma-
rina basin and south thereof approxi-
b. The Cocohatchee River: Those parts mately 1,000 feet, as shown on the map
of the Cocohatchee River near Wig- attached hereto as Exhibit "I."
gins Pass, Conklin Point, Wiggins
Bay, Gulf Harbor, and Palm Shores; (6) The Everglades City Area: The Barron
also Water Turkey Bay and south River from the inlet north to the east side
from there to and including Vanderbilt of the State Road 29 bridge; also the
Lagoon. These areas are shown on "Lakes" area within 500 feet of all sea
the maps attached hereto as Exhib- walls.All parts of Halfway Creek that are
its "C" and "D." within 500 feet of Plantation Island.These
c. The Naples Bay Area: The Gordon areas are shown on the map attached
River east of U.S. 41 near River hereto as Exhibit "J."
Reach and Coconut River Estates;
also Rock Creek east of U.S. 41 near (7) Chokoloskee Island: All areas within 500
Brookside; also Haldeman Creek. feet ofthe walled areas of Chokoloskee
These areas are shown on the map Island.These areas are shown on the map
attached hereto as Exhibit "E." attached hereto as Exhibit "J."
d. Isles of Capri Area:All areas within (8) Hell's Gate: Those waters between Little
500 feet of all sea walled shoreline, Hickory Bay to the north and Wiggins
as shown on the map attached here Bay to the south lying between channel
as Exhibit "F." markers 14 and 18.These areas are shown
e. Marco Island:Within and around all on the map attached hereto as Exhibit
of Marco Island, including all of Col- "K".
Supp.No. 10 CD146:10
WATERWAYS § 146-60.2
(9) Reserved. type vessels provided the vessel is then being
(Ord. No. 96-16, § 3, 4-9-96; Ord. No. 96-75, § 1, propelled only by paddle and not by motor,pump,
11-26-96; Ord. No. 97-10, § 3, 2-11-97; Ord. No. or sail. "Vessel" does not include seaplane.
99-54, § 1, 8-3-99) (Ord. No. 96-16, § 5, 4-9-96; Ord. No. 96-75, § 1,
Editor's note-Exhibits "A"through "K" are not set out 11-26-96; Ord. No. 97-10, § 5, 2-11-97)
herein,but in on file and available for inspection in the offices
of the county. Sec. 146-56. Penalties.
Sec. 146-54. Vessel speed regulation. Each violation of this division is a civil infrac-
tion. If a citation of violation is not contested and
Except during an emergency or operation by an is paid in full and on time,the fine shall be$50.00
official of the government while engaged in offi- for the first violation within any six-month pe-
cial business,the operation of any vessel in excess riod, and $100.00 for a second violation by the
of idle speed, as defined herein, in or on any same person within any one-year period. If the
waters specified above is hereby prohibited and is fine is not paid in full and on time, the court may
a violation of this division. Said prohibition is impose a fine of up to$500.00 plus court costs and
effective and enforceable provided the "no wake" any other costs and/or fees authorized to be im-
area is designated by regulatory marker, signage, posed by the court by Florida Statutes. As an
buoy, or any other notice of the "idle speed-no alternative means of enforcement, violations of
wake" status. The locations of such notices shall this division may be referred to the Collier County
be placed at the discretion of the county staffs.All Code Enforcement Board.
such notices posted by the county are official (Ord. No. 96-16, § 6, 4-9-96; Ord. No. 96-75, § 1,
notices of the county. Provided the restricted area 11-26-96; Ord. No. 97-10, § 6, 2-11-97)
is posted as an"idle speed"and/or"no wake"area,
it is no defense to a violation of this division to Sec. 146-57. Enforcement.
allege that the person issued a notice of violation
of this division did not observe posted notice of the The provisions of this division shall be enforced
"idle speed"and/or"no wake"status of the waters. by any member of any duly authorized law en-
(Ord. No. 96-16, § 4, 4-9-96; Ord. No. 96-75, § 1, forcement agency or officers having enforcement
11-26-96; Ord. No. 97-10, § 4, 2-11-97) jurisdiction in Collier County, Florida. Civil cita-
tions may be used to notify the defendant of
allegations of violations of this division.
Sec. 146-55. Definitions. (Ord. No. 96-16, § 7, 4-9-96; Ord. No. 96-75, § 1,
For the purposes of this division, the following
11-26-96; Ord. No. 97-10, § 7, 2-11-97)
words are defined as follows:
Secs. 146-58-146-60. Reserved.
Idle speed means the minimum speed through
or over the surface of the water that will allow the DIVISION 3. SPEED
vessel operator to maintain steerage of the vessel.
Operate means to be in control of the speed of a Sec. 146-60.1. Short title.
vessel traveling over or in water. This division shall be known and may be cited
as the Collier County Vessel Control Ordinance.
Vessel means a motor propelled and/or artifi- (Ord. No. 79-8, § 1, 2-13-79)
cially propelled boat, sailboat, barge, airboat or
other watercraft used or capable of being used as Sec. 146-60.2. Definitions.
a means of transportation of one or more persons
over or in the water, whether propelled by wind, For the purpose of this division the following
propeller, or forcing flow of water by propeller or terms, phrases,words and derivations shall have
impeller, or otherwise. Vessel does not include a the meaning given herein, words and derivations
canoe, kayak, or similar small minimum wake shall have the meaning given herein. When not
Supp.No. 22 CD146:11
§ 146-60.2 COLLIER COUNTY CODE
inconsistent with the context, words used in the airboats,other than a seaplane on the water,used
present tense include the future, words in the or capable of being used as a means of transpor-
plural number include the singular number, and tation on water.
the words in the singular number include the (Ord. No. 79-8, § 2, 2-13-79; Ord. No. 94-57, § 1,
plural number. The word "shall" is always man- 10-25-94)
datory and not merely directory.
Sec. 146-60.3. Area of enforcement.
Idle speed means the lowest speed at which a
boat or watercraft can operate and maintain The area of enforcement of the provisions of
steering control. this division shall be all waters, creeks, bayous,
canals and channels whether natural or manmade,
Operate means to navigate or otherwise use a located within Collier County.
boat or a vessel. (Ord.No. 79-8, §3,2-13-79; Ord.No. 2007-38,§ 1)
Person means any individual,partnership,firm, Sec. 146-60.4. Careful and prudent opera-
corporation, association or other entity. tion required.
Slow speed means not speed greater than that Every person operating or navigating any ves-
which is reasonable and prudent to avoid either sel in,on or under any waters within the unincor-
intentionally or negligently annoying, molesting, porated areas of Collier County shall do so in a
harassing, disturbing, colliding with, injuring or careful and prudent manner, taking into consid-
harming manatees and which comports with the eration the weather conditions and range of visi-
duty of all persons to use due care under the bility, water turbulence, proximities to bathers,
circumstances. water skiers and other boats and watercraft and
all other attendant circumstances so as not to
A motorboat in a manatee sanctuary area des- endanger the life, limb or property of any person.
ignated as a slow speed zone,(1)that is operating Failure to operate a boat in such a careful and
on a place is not proceeding at slow speed;(2)that prudent manner shall constitute careless boating
produces no wake or minimum wake is proceed- and a violation of this division.
ing at slow speed; (3) that is in the process of (Ord. No. 79-8, § 4, 2-13-79)
coming off plane and settling into the water,
which action creates more than no or minimum Sec. 146-60.5. Speed limit in certain areas.
wake is not proceeding at slow speed; (4) that is
completely off plane and which has settled into (a) No person shall operate a vessel of any
the water and is proceeding without wake or with kind which is propelled by a motor or engine in
minimum wake is proceeding at slow speed. any area designated as an official "no wake-idle
speed only" area and so posted at greater than
Slow speed zone means a designated area within idle speed.
which it has been established that manatees are
known to congregate. In a slow speed zone, mo- (b) No person shall operate a vessel of any
torboat operators shall not proceed at a speed kind which is propelled by a motor or engine in
greater than is reasonable and prudent to avoid any area designated as an official "slow speed-
either intentionally or negligently annoying, mo- minimum wake"zone or area so posted at greater
lesting, harassing, disturbing, colliding with, in- than slow speed.
juring or harming manatees and shall operate (c) No person shall operate a vessel in any area
such motorboat in accordance with legal require- designated and posted as an official idle speed
ments and the duty of all persons to use due care zone at a speed greater than idle speed. The
under the circumstances. following are designated as idle speed zones:
Vessel is synonymous with boat and means a (1) The Gulf of Mexico along the Naples pub-
motor or artificially propelled vehicle and every lic beach, from the shoreline out of 500
other description of watercraft, barges, and feet west of the public beach, from the
Supp.No.22 CD146:12
WATERWAYS § 146-60.6
north boundary of the city of Naples to south through marker 10, connecting ad-
Gordon Pass, excluding the outer ap- jacent shorelines,from 10:00 a.m.through
proach to Doctors Pass, such approach 5:00 p.m. weekends and holidays;
being the area within the marked channel
from the lighted, outermost marker east (3) Naples Bay and Dollar Bay, from a line
to the outer ends of the stone jetties. running east to west through marker 21,
connecting adjacent shorelines, to a line
(2) Doctors Pass and the Moorings Bay Sys- running east to west through marker 73
tern,from Seagate Drive South to Banyan in Dollar Bay, connecting adjacent shore-
Boulevard. lines, from 10:00 a.m. through 5:00 p.m.
(3) The Gordon River and Naples Bay, from weekends and holidays;
the north boundary of the City of Naples (e) No person shall operate a vessel in any
to a line running east to west through area designated and posted as an official 30 mile
marker 32, connecting adjacent shore- per hour (MPH) zone at a speed greater than 30
lines, except that for the purpose of test- MPH. The following are designated as 30 MPH
ing propulsion systems, marine mechan- zones:
ics are permitted to exceed the idle speed zones:
restriction in the Gordon River in an area (1) Naples Bay, from a line running east to
approximately 0.3 mile in length, extend- west through marker 32, connecting adja-
ing from the City Wastewater Treatment cent shorelines, to a line running east to
Plant south to the Horticultural Landfill, west through marker 10,connecting adja-
weekdays, between the hours of 8:00 a.m. cent shorelines, weekdays;
and 5:00 p.m. (2) Naples Bay, from a line running east to
(4) Naples Bay, from a line running north to west through marker 27,connecting adja-
south through marker 10, connecting ad- cent shorelines,to a line running north to
jacent shorelines, to a line running north south through marker 21, connecting ad-
to south through marker 6, connecting jacent shorelines,from 10:00 a.m.through
adjacent shorelines. 5:00 p.m. weekends and holidays;
(5) All canals and waterways tributary to (3) Naples Bay and Dollar Bay, from a line
Naples Bay and the Gordon River,includ- running east to west through marker 22,
ing without limitation those in River Park, connecting adjacent shorelines, to a line
Avion Park, Golden Shores, Oyster Bay running east to west through marker 71
Royal Harbor,Aqualane Shores and Port in Dollar Bay, connecting adjacent shore-
Royal. lines, weekdays;
(d) No person shall operate a vessel in any (4) Gordon Pass and the portions of Naples
area designated and posted as an official slow Bay and Dollar Bay, all as described in
speed zone at a speed greater than slow speed. subsection (e), at all times other than
The following are designated as slow speed zones: those set forth in subsection (c); or not
(1) Naples Bay, from a line running east to otherwise designated as an idle speed
west through marker 32,connecting adja- zone or slow speed zone.
cent shorelines, to a line running east to (Ord. No. 79-8, § 5, 2-13-79; Ord. No. 94-57, § 2,
west through marker 27, connecting adja 10 25 94; Ord. No. 2007 38, § 2)
cent shorelines, from 10:00 a.m. through
5:00 p.m. weekends and holidays (See Sec. 146-60.6. Speed not to be greater than
68D-23.103 F.A.C. "holidays") what is reasonable under the
conditions.
(2) Naples Bay, from a line running east to
west through marker 21,connecting adja- Nothing contained in this division shall be
cent shorelines,to a line running north to construed to authorize or approve any speed greater
Supp.No.22 CD146:13
§ 146-60.6 COLLIER COUNTY CODE -�
than is reasonable and proper in consideration of ARTICLE III. PUBLIC BEACH ACCESS*
local conditions,other water traffic,persons swim-
ming or fishing in the area, or other hazards. Sec. 146-61. Short title.
(Ord. No. 79-8, § 6, 2-13-79)
This article shall be known as and may be cited
as the "Public Beach Access Ordinance."
Sec. 146-60.7. Designation of "no-wake idle (Ord. No. 76-20, § 1)
speed only" or "slow speed-
minimum wake." Sec. 146-62. Definitions.
The Board of County Commissioners of Collier The following words,terms and phrases,when
County,by resolution adopted at a public hearing used in this article, shall have the meanings
at least 15 days notice of such hearing published as-cribed to them in this section,except where the
in a newspaper of general circulation in Collier context clearly indicates a different meaning:
County,Florida, designate areas as "no wake-idle
speed only"or"slow speed-minimum wake" areas Blocked public access means the development
under the provisions of section 146-60.5 of this of land with structures and/or improvements or
division. In designating such areas, the commis- any other barrier which denies public access to
sion shall hear all testimony presented and make public beaches at intervals of 2,640 feet as pre-
a finding that the designation is necessary for the scribed in this article.
safety and/or welfare of the citizens of the county. Blocked support facilities means the develop
Upon adoption of such a resolution, the board of ment of land with structures and/or improve-
county commissioners shall publish the resolu- ments or any other barrier which denies the
tion one time in a newspaper of general circula public of the required support facilities which are
tion in Collier County, Florida after which the necessary for the use and enjoyment of the public
designation of the area shall be complete and beaches.
binding. Provided, however, no person shall be
convicted of a violation of this division relating to Contiguous land means any land abutting land
such area until signs designating the boundaries conveyed to the county as required in this article
of the area by stating either "no wake-idle speed or any land which is located within one-half mile
only" or "manatee area, slow speed-minimum (2,640 feet) of the land conveyed to the county as
wake" have been posted after approval by all permitted in subsection 146-65(g).
appropriate regulatory agencies.
(Ord. No. 79-8, § 7, 2-13-79; Ord. No. 94-57, § 3, Intervening land means any land which is
10-25-94) located between a public beach and a landward
point of public access through which land an
existing or potential public access passes.
Sec. 146-60.8. Exemptions.
Public access means existing access to a public
(a) The provisions of this division shall not be beach from any road, street, easement, or any
construed to prohibit the running or racing or other way which the public has a right to use.
exhibition boats, during a publicly announced,
properly authorized and supervised and ade- Public access,potential, means any access to a
quately patrolled regatta or speed trial or exhibi- public beach which is not existent at the time of
tion. passage of this article but which is required under
section 146-65 and designated on Exhibit 1 to
(b) Patrol and rescue craft and craft operating Ordinance No. 76-20.
under emergency conditions shall be exempted
*Cross references—Public accessways to beaches, §22-
from the provisions of this division while perform- 296; camping near Gulf of Mexico, §94-1;planning,ch. 106.
ing their duties. State law references—Beach and shore preservation,
(Ord. No. 79-8, § 8, 2-13-79) F.S.ch. 161;public access to beaches,F.S. § 161.55(4).
Supp.No. 22 CD146:14
WATERWAYS § 146-65
Public beach means any water area along the and maintained, that access is maintained in
Gulf of Mexico along with its upland lands which such a manner as to preserve or enhance existing
have been dedicated to the public or in which the natural features. It is further the intent of the
public has a right to their use by easement, board of county commissioners to provide and
prescriptive right,customary use, state or federal implement funds and funding programs to insure
ownership, or as a result of any other act, law or the development, maintenance and upkeep of
instrument through which the public has a pre- areas acquired pursuant to this article. The pref-
scribed or implied right to their use. ace and provisions of this article, being remedial
Support facilities means but not be limited to of nature, are to be liberally construed to effectu-
shelters toilets off-street ate its purpose in the interest of the public health,
parking or any other safety and welfare of the citizens of the county
required facility which is complementary to the and the state.
public access and which is necessary for the use (Ord. No. 76 20, § 2)
and enjoyment of the public beach it serves.
(Ord. No. 76-20, § 3)
Cross reference—Definitions generally, § 1-2. Sec. 146-65. Approval of development plans;
issuance of building permits.
Sec. 146-63. Penalties for violation; resort
to other remedies. (a) Required compliance. Prior to the granting
of the final approval for a subdivision, planned
Violation of the provisions of this article or unit development (PUD), or the issuance of a
failure to comply with any of its requirements building permit for any lands which are adjacent
shall constitute a misdemeanor. Any person who to or contiguous with public beaches and which
violates this article or fails to comply with any of lands have the potential of blocking public access
its requirements shall upon conviction thereof be and/or potential public access and support facili-
fined, or imprisoned, or both, as provided by law. ties, the subdivider or applicant, as owner or
Each day such violation continues shall be con- agent of subject property, shall arrange with the
sidered a separate offense.Any other person who county to provide land for public access and
commits, participates in, assists in, or maintains support facilities as determined and required in
such violation may each be found guilty of a this article.
separate offense and suffer the penalties herein
provided. Nothing herein contained shall prevent (b) Physical requirements of public access.
the county from taking such other lawful action,
including, but not limited to, resort to equitable (1) Maximum separation. The maximum sep-
action as is necessary to prevent or remedy any aration from one point of public access to
violation. the next point of public access shall not be
(Ord. No. 76-20, § 5) greater than one-half mile (2,640 feet).
State law reference—Penalty for ordinance violations,
F.S. § 125.69. (2) Minimum width. The minimum width of
any public access shall be 100 feet.
Sec. 146-64. Intent.
(3) Minimum yard requirements. The mini-
In order to maintain peace and order, provide mum depth of yards which abut an exist-
for emergency ingress and egress,and provide the ing or potential public access shall be the
public with access to the use, enjoyment and same distance as required in the zoning
appreciation of the natural resource amenities of district regulations,depending on whether
the beaches of the county, and to develop and use such yard is a front, side, rear or corner
the beach resources to the greatest benefit of the lot.
health and welfare of the citizens of the county, it
is hereby declared to be the legislative intent of (c) Method of providing land for public access
this article to provide a means and procedure for and support facilities. Land for public access and
insuring that adequate public access is provided support facilities may be provided by deed, public
Supp. No. 22 CD146:15
§ 146-65 COLLIER COUNTY CODE
easement, dedication or any other method which roads, or other barrier features which
guarantees such public access in perpetuity and may require the extension or contraction
approved by the county. of the distance between points of public
access,the representation relative to beach
(d) Procedure upon failure to convey lands. In access on Exhibit 1, pages 1 through 22,
the event the owner of lands required for public notwithstanding.
access and support facilities as required by this
article refuses to convey them to the county,and it (2) In the event that more than one public
becomes necessary to condemn said lands, no access and support facility is required of
county permit shall be issued for the improve- any one developer or owner, the board of
ment or development of the subject land until the county commissioners is hereby empow-
later of the conclusion,including expiration of all ered to waive the one-half mile (2,640
appeal and/or re-hearing periods, of said condem- feet) maximum distance requirement of
nation proceedings, or the conveyance or transfer said public access and facility and require
of said lands to the county pursuant to negotia- in lieu thereof that such public access and
tions for lease, purchase or dedication. support facilities be provided in the aggre-
(e) Location of each public access and support gate in a specified location rather than in
facility. The location of each public access and separate locations as required in this ar
support facility will be predicated on the growth ticle.
needs as well as the location and utilization of all (3) In order to carry out the intent and objec-
existing points of public access and support facil- tives of this article, the board of county
ities in a manner which will not duplicate or commissioners are hereby empowered to
conflict with an existing public access and support waive the requirements of this article to
facility while permitting a comprehensive cover- the extent that the literal enforcement of
age of the county with adequately located public this article will create an unduly severe
access to the public beaches. hardship on the applicant for a final ap-
(f) Adoption of public access comprehensive map. proval of a subdivision plat,PUD,or build-
In order to establish a comprehensive plan for the ing permit to the extent that the intent
eventual acquisition or development of adequate and objectives of this article will be ful-
public access and support facilities, the board of filled.
county commissioners hereby adopts Exhibit 1,
sheets 1 through 22 and Exhibit 2, pages 1 and 2 (h) Transfer of development rights. Where the
as part of this article. The location, acquisition developer has voluntarily conveyed beach access
and development of all public access and support lands to the county, the board of county commis-
facilities shall be guided by Exhibit 1 and Exhibit sinners may authorize the transfer of develop-
2, and the only deviation from said exhibits shall ment rights for lands which are conveyed to the
be as provided in this section. county for public access and support facilities to
lands contiguous to lands so conveyed.Said trans-
(g) Waiver from requirements of this article. fer may be made on the basis of whichever of the
(1) Even though the board of county commis- following three options, as expressed by the fol-
sioners have determined that public ac- lowing formulae, permits the greater number of
cess and support facilities shall be pro-
vided at maximum intervals of one-half (1) The number of dwelling units which may
mile (2,640 feet)as indicated in Exhibit 1 be transferred equals the number of dwell-
and Exhibit 2,such distance may be short- ing units per acre on contiguous land
ened or lengthened by the board of county under the existing zoning classification,
commissioners in order to take into ac- divided by the number of acres conveyed.
count the availability of suitable land for
such need, the physical geography of the (2) The number of dwelling units which may -�
land, the location of waters, roads, rail- be transferred equals the number of dwell-
Supp.No.22 CD146:16
WATERWAYS § 146-96
ing units per acre as established by the Beach, and is to be read as a supplement to
official land use guide, divided by the Ordinance 76-20, known as the Public Beach
number of acres conveyed. Access Ordinance.
Note. Where the number of dwelling units (Ord. No. 2018-31, § 2)
which may be transferred equals a
fractional number, if the fraction equals Sec. 146-93. Definition.
more than five tenths, the number of As utilized herein, Vanderbilt Beach shall
dwelling units to be transferred will be mean the entire beach commencing at the
increased to the next higher whole southern terminus of Delnor-Wiggins Pass State
number. If number of dwelling units Park, thence running southerly past Vanderbilt
which may be transferred equals five Beach Road until FDEP Monument R-31.5. Van-
tenths or less, the number of dwelling derbilt Beach shall include not only that part of
units which may be transferred will be the beach seaward of the mean high water line,
decreased to the next lower whole number. but shall also include the dry sandy area adjacent
(3) A transfer of one dwelling unit per acre to the mean high water line up to the vegetative
or portion of an acre conveyed. line.
(Ord. No. 2018-31, § 3)
Notwithstanding the above, the board of county
commissioners shall have the authority to Sec. 146-94. Right to Recreate.
authorize the transfer of a lesser number of
development rights, where it finds that the Except as provided below, the public shall
transfer of a greater number would be contrary have the right to recreate along all of Vanderbilt
to the public interest. Beach. Recreation shall include walking, jog-
(Ord. No. 76-20, § 4) ging, sunbathing with or without a beach
umbrella, picnicking, fishing, building sand-
castles, and other similar recreational beach
Secs. 146-66-146-90. Reserved. activities.
(Ord. No. 2018-31, § 5)
ARTICLE IV. VANDERBILT BEACH
CUSTOMARY USE Sec. 146-95. Buffer Zone.
The public at large, including the residents
Sec. 146-91. Title. and visitors of the County, shall not utilize a
15-foot buffer zone located seaward of any
This Ordinance shall be known and may be permanent habitable structure owned by a private
cited as the "Collier County Vanderbilt Beach entity that is located on, or adjacent to, the dry
Customary Use Ordinance." sand areas of the beach, whichever is more
(Ord. No. 2018-31, § 1) seaward, except as is necessary to utilize an
existing or future public beach access point for
Sec. 146-92. Purpose and Intent. ingress and egress to the beach.
(Ord. No. 2018-31, § 6)
The purpose of this Ordinance is to protect the
public's long-standing customary use of Vander- Sec. 146-96. Obstruction of Vanderbilt
hilt Beach,including the dry sand portion thereof, Beach.
while at the same time protecting the private
property rights of those owners with lands It shall be unlawful for any person to create,
adjacent to Vanderbilt Beach. This Ordinance erect or construct any fence,structure,barrier or
shall not be construed to affect in any way the restraint within Vanderbilt Beach. Sand fences,
title of any owner of land adjacent to Vanderbilt which have received all necessary permits from
•
tnwe
Supp. No. 77 CD146:17
146-96 COLLIER COUNTY CODE
state and federal agencies, and turtle fences are
exempt from the prohibition contained in this
section.
(Ord. No. 2018-31, § 7)
Sec. 146-97. Posting of Beach.
Except for buffer zones, it shall be unlawful
for any person to display or cause to be displayed
anywhere along Vanderbilt Beach any sign,
marker or warning stating that any part of
Vanderbilt Beach is private, that the public does
not have the right to access or recreate upon any
part of Vanderbilt Beach, or to in any way
interfere with any person who is lawfully using
Vanderbilt Beach. Buffer zones may be marked
as such.
(Ord. No. 2018-31, § 8)
Sec. 146-98. Penalty for Violations.
Violation of any provision of this Ordinance
shall be treated in the same manner as a
misdemeanor of the second degree punishable by
fine not exceeding$500.00 or by imprisonment
Lot to exceed 60 days, or by both such fine and
imprisonment. All violations of this Ordinance
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 enforcement official or code enforcement
officer is specifically authorized to issue a cita-
tion for each violation of this Ordinance.
(Ord. No. 2018-31, § 9)
Secs. 146-99-146-120. Reserved.
Supp. No. 77 CD146:18
Chapters 147-200
RESERVED
CD147:1