Ordinance 2008-65
ORDINANCE NO. 2008- ~
AN ORDINANCE REPEALING AND REPLACING COLLIER
COUNTY ORDINANCE NO. 74-7 WITH AN ORDINANCE
PROIDBITING CAMPING IN THE UNINCORPORATED AREAS
OF COLLIER COUNTY; DEFINING CAMPING; PROVIDING
FOR EXCEPTIONS; PROVIDING FOR TRANSPORT TO
SHELTER IF BEDS AVAILABLE; PROVIDING FOR
PENALTIES; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
and welfare to the citizens of Collier County that Ordinance No. 74.7 be repealed and replaced with this
Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA that:
SECTION ONE: CAMPING DEFINED
A.
B.
e.
For the purpose of this Ordinance, "camping" is defined as;
Sleeping or otherwise being in a temporary shelter out-of-doors; or
Sleeping out-of-doors; or
Cooking over an open flame or fire out-of-doors.
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SECTION TWO:
CAMPING PROIDBITED, EXCEPTIONS
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A. Camping is prohibited on all public property within the unincorporated area of Collier
County, except as may be specifically authorized by the appropriate governmental authoiity.
B. Camping is prohibited on all property within the unincorporated area of Collier County used
for residential purposes; however, that camping is permitted on such property with the
permission and consent ofthe property owner.
SECTION THREE: PROVIDING FOR TRANSPORT TO SHELTER IF BEDS ARE
A V AILABLE
A. Whenever a law enforcement officer has probable cause to believe that a violation of this
Ordinance has occurred, he or she shall advise the person of the violation and afford the person an
opportunity to relocate to a publically available shelter. If the person elects to be transported to the public
shelter the law enforcement officer shall make available such transportation to a public shelter for such
purpose and the person making such election shall not be charged with a violation of this section. If a bed
is available and the person refuses to relocate to the public shelter, then such person may be charged with
a VIOlation of this Ordinance. If a bed is not available, then this Ordmance shall not be enforced.
SECTION FOUR:
PENALTIES
Violations of this Ordinance shall be punishable by a fine not to exceed $500 or by imprisonment
in the county jail as provided for in Section 125.69, Florida Statutes.
SECTION FIVE:
INCLUSION IN THE CODE OF LAWS AND ORDINANCE
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-Iettered
to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
SECTION SIX:
CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other Ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid
or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate,
distinct and independent provision and such holding shall not affect the validity of the remaining portion.
SECTION SEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PAS~E~aAND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, thisLdayof.:....he..c...eM ~€(" , 2008.
.,A1j~~I\:\:O:~',~,;":', ':;,' BOARD OF COUNTY COMMISSIONERS
"" .' I)W!GFlTB: BR0e!<, CLERK OF COLLIER COUNTY, FLORIDA
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ufficiency:
AN
This ordinance filed with the
Secretory of State's Office, the
~ cloy of :~Leivl~Y-: 100'6
and oc::knowledgeme~f~f that
filing received this ...... day
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By ----- "
Dp.puty Clerk "
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true and correct
copy of:
ORDINANCE 2008-65
Which was adopted by the Board of County Commissioners
on the 2nd day of December, 2008, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 4th
day of December, 2008.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Boafd of .
County Commissioners
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By: Ann Jennejohn,
Deputy Clerk