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Ordinance 98-088 ORDINANCE NO, 98'88 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 89-11, AS AMENDED, THE COLLIER COUNTY WATER SAFETY AND VESSEL CONTROl, ORDINANCE, TO CLARIFY THAT EACH BEACH VENDOR MUST CONDUCT ALL OF ITS LAND BASED OPERATIONS WITHIN THE NORTH AND SOUTH ~_~ BOUNDARIES OF THE ADJACENT UPLAND PROJECTED =. -, SEAWARD TO THE BEACH; AND TO AUTHORIZE THF. :. DIRECTOR OF PARKS AND RECREATION TO IMPOSE - PEtLMIT/I,ICENSE CONDITIONS UI~N THE BEACH .'~ .Y-. VENDOR PERMIT/LICENSE AS THE DIRECTOR DEEMS c.~ TO BE NECESSARY IF THE RESPECTIVE '-. · <. (., PERMITrEE/LICENSEE DID NOT FULFILL ALL PRIOR ..'== -- COUNTY PERMIT/LICENSE CONDITIONS AT ANY TIME DURING THE PRECEDING PERMIT/LICENSE YEAR; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; PROVIDING AN EFFECTIVE DATE, WHEREAS, Collier County has adopted Ordinance No. 89-11, as mended, known and cited as the "Collier County Water Safety and Vessel Control Ordinance"; and WHEREAS, Section Seven of Ordinance No, 89-11, as mended, (codified as Section 145-39 of the County's Cede of Laws and Ordinances) specifies certain beach vendor permit requirements; and WHEREAS, t~ecause further clarification is needed in this Ordinance, the County Parks and Recreation Department and the County's Park Rangers Administration have requested that Section Seven of the Beach and Water Safety Ordinance be mended (a) to clarify the long- standing policy that all Collier County beach vendors who are permitted/licensed by the County must conduct their land operations only on beach front land that is situated within the north and south geographic boundaries of the immediately adjacent upland property, and (b) such activities must be conducted only for such time as the respective beach vendor has active and currently valid permission from the upland owner to occupy the respective uplands and from there conduct all of the activities then authorized by the Collier County beach vendor's permit/license; and WHEREAS, said Deparunent the Park Rangers Administration have requested that Section Seven of the Ordinance also be mended to authorize the Director of Parks and Recreation to impose special conditions as deemed necessar/by the Director to be applied to a renewal of a beach vendor permit/license if that beach vendor did not fulfill each and every condition of the prior year's permit/license, which special conditions may provide that under the newly Issued permit/license the permitleeflicensee be a probationary permit/license with a month- to-month duration; and Words underllnsd are addsdJ words s~qtek-/d~h are dsl,tsd. -1- WHEREAS, the Board of County Commissioners acccpts the rccommendatiom of the Staff. NOW, THEREFORE, BE IT ORDAIN BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COLrNTY, FLORIDA, that: ~ AMENDMENTS TO SECTION SEVEN OF COLLIER COUNTY ORDINANCE NO. 89-11, AS AMENDED. Subsection (1) of Scction Scvcn of Collier County Ordinance No. 89-11, as amended, is hereby amended to read as follows: SECTION SEVEN: CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS. The safcty and welfare of the persons that rcsidc nearby the county's bcach arras and of the public that rccrcatc on the beach and adjoining waters makcs ncccssary and appropriate the following rcgulations: (1) Beach Vendor Permit Requirement. Any person or entity to b~ cngaged in the rcn~!, Irasing, bailscut for consklcration, or otherwise providing transportation for rcrauncration, el-anX motorized or wind-driven vessel for use by thc public on the beach or adjoining watcrs of the county, includin$ any. personal watercraft des-skis and/AX sailcraft, shall bc raluircd to obtain a beach vcndor pcrmit~ from the county. A beach vcndor pcrmivJl~ shall issue and bc maintained upon thc applicant paying such applica~o,", fcc thcrcfor as established from time-to-time by the county by Resolution. The applicant must mee~ asd-meeti~ the following requirements: a. Thc applicant must have an opcrations office or hcadquartcrs located at a land- based location in an dte-immemti~ area _immediately ad_iacent to where the vessels permitted/licensed activities arc beiag to be provided for public use, The Offieefhe~d.mmrtcra m~mt be I~cated only on !and that ia immediately seaward of the upland owner's main build|-_~ ad_taeent to that ad_iointn_~ beach. The land based .¢~era~orm/nefiviti~ mta~ be ctmductad wholly within the _feo_fraphte e~n~nes of the two C2) aeaward _m'oj.cctions of the nortldmuth ~ lines of the upland parcel. and the offiee/head.mmrtcn must have g direct I)h,Y)ICil ,__n:ccja to ea the beach ~ ,In the event the _Dermittee./lte~n.,mee htq ttm authnriT~mtinn to oeatp. y the upland words underlined art added# words ~mk.-ed~a~sfk are deleted. headquarters area terminated or otherwis~ cancelled by the upland landowner or from Whateyer other .Benon or entity_ authorized that pennltteelllcensee to occupy that upland area- loss of right of that upland occupancy shall thereby automatically void the then existing Collier County. beach vendor's permit/license for that area. b. The applicant must have and maintain a telephone and marine radio at its land- based operations office. c. The applicant must have a motoriz~ chase boat with operational marin~ ndio in good running condition that meets all U.S. Coast Guard nfety requirements, That ~t m~t be kept at the vessel rental sit~ during all hours of applicant'a rental operations, d. The applicant must have and maintain compreheusive general liability insuranc~ with coverage not less than the mount of $500,000,00 combined single linlits. e, The applicant shall provide a list describing and indicating the state vessel registration number of each motorized vessel applicant ~^,,,2! places in service, Each Any motorized vessel placed in service for public use--a4~ under a Collier County beach vendor's permiv'license has-iss~4 shall have a state vessel registration number affixed thereon at all thrice, f, The applicant shall provide pr~f ef ~_,~v"-g atleast --:,~nL-"'r,,~!y one LL~ operational life vest for each occupant space on each of the vessels to be offered for public use under this section, g, The applicant must provide a site plan for the beach operation that includes the operation's boundaries on the beach and the ingress and egress points to that operation, No operation boundary shall extend into any pedestrian pathway, h, The applicant is required to obtain a county occupational license for its operations office required under this section, To obtain an occupational license, the applicant must provide proof of having a current, valid beach vendor's permit, c~--r~.mational [ic-erme Rhali automatically void the _respective beach vendor _nermltatcense. L If a permit/license holder violates any condition of the beach vendor e permit]license dudn_= any. permit/license year and Is notified by the Co~. in wrttin_~ of the violation. the Director of Parks and Recreation is authorized to irn~.se conditions on the subseqn_ent annual beach vendor's .hermit/license (a _o~ba~onary _oerm]taicense~. ipe_h~dln_~ h.,min~ a month-to-month _oermlt/license ~at shall be summarily voidable for words underlined a~e added/words ;',;;;~ ',,";;.;;;,',, &re deleted. -3- any. similar or dissimilar violation of any of the .nc~TniUlicense condition(s~. SECTION TWO: CONFLICf 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 this Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a sepante, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SF, C~ON THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 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 tenumbered or rclcttered to accomplish such, and the word "Ordinance' may be changed to "Section", "Article*, or any other appropriate word. SECTION FOUR: F_~CTIVE DATE. This Ordinance shall become cffective upon filing of this Ordinance with the Department of State. PASSED AND DULY ADOFrED by the Board of County Commissioners of Collier county,. Florida.,_Z,Z day of ,3998. :-" ATTES/r: .~.'. ";.. BOARD OF COUNTY COMMISSIONERS j .'..DWIGHT E. BROCk..: Clerk OF COLLIER COUNTY, FLORIDA ' '.' Atte /~C'~!n/'$' -.- By: BA~I~ARA B. B'ERR~, ~ Approved as to form This ordlnonee ftlec~ w,h ene  ~ on8 ocknow!cd~T~'':~t of fhcr fill ~ rc civc<! '!~i~ day C. Pih]3et of ,~ -4- STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Gollier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 98-88 Which was adopted by the Board of County Commissioners on the 13th day of October, 1998, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 14th day of October, 1998. DWIGHT E. BROCK , '. l= Clerk of Courts an~-"Cle~k" .> '.' --" Ex-officio to BOard.of. . '~Tj...i.~]' .:.;-" ,.' ~ ', .. '/. Deputy ~erk. '?",i.' ;.~'~"' ""..~ i-: '-""" ' ,,~ '.'~.~.,,,.~ ~,.'~..... ................... .. i.