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Ordinance 97-10 ~.~ ~,,.~ ORDINANCE NO. 97-xo ~_~_, i! AN ORDINANCE AMENDING ORDINANCE NO. ~ ~':96-16 REGARDING VESSEL SPEED CONTROL mt AND WATER SAFETY; ADDING A DEFINITION ~ ~ ~ ~. FOR HURRICANE PASS; INCORPORATING ALL IDLE SPEED ZONES PREVIOUSLY -. DESIGNATED BY RESOLUTIONS; ADDING NEW IDLE SPEED - NO WAKE ZONES; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF ,. LAWS AND ORDINANCT.~; RgPEALING RESOLUTIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier County, pursuant to Section 327.22 (l)(a) and Section 327.60(1), Florida Statutes, has the authority to adopt this Ordinance to impose idle speed zones on waterways in the ~nincorporatcd areas of the County without approval from the Department of Environmental Prot~'~ion or any other Agency of the State of Florida of the Federal Government; and WHEREASi Collier County has heretofore established several waters of unincorporatcd Collier County as "Idle Speed - No Wake' zones by adoption of four (4) Resolutions numbered 79-165, 81-199, 85-146, and 8(5-1; and WHEREAS, the Board of County Commissioners deems it appropriate to continue to protect the public health, safety and welfare and to continue to promote safety in the operation of vessels in specified county waterways and boat basins by re-affirming all of the "Idle Speed - No Wake" zones that have been heretofore been established by the combined effects of the above-listed four (4) Resolutions; and WHEREAS, Collier County hereby also designates some new areas as newly designated "Idle Speed-No Wake' zones; and WHEREAS, in an effort to prevent injuries and to reduce boat damage and other property damage that results from excessive wakes, it is advisable to inform boaters that the subject navigable waters are restricted "Idle Speed" and/or "No Wake'* areas by placement of informative rcgulatory markets, therefore the County will post all such designated Idle Speed - No Wake zones with appropriate signage and will continue to repair, replace and maintain those rcgulatory markers. 1 Words deleted are stamk-thro~; words added are ~ NOW,-THEREFORE, BE IT ORDAINED BY THE BOARD O17 COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Collier County Ordinance No. 96-16 is hereby amended as follows: SECTION ONE: INTENT AND PURPOSE It is the intent and purpose of this OTdinancc to protect and promote thc health, safety and welfare of the public, including residents and visitors to Collier County and in particular by providing in specified water reasonable speed regulation to the operation of vessels as defined. It is further intended that this Ordinance shall be liberally construed to effect such intent and purpose. SECTION TWO: TITLE AND CITATION This Ordinance shall be known and be cited as the "Collier County Water Safety and Vessel Control Ordina.,ce." SECTION THREE: APPLICABILITY This Ordinance shall apply to and be enforced on all the salt waters of the following described Restricted "Idle Speed - No Wake" Areas: 1. The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam Bay, and Clam Pass. These restricted areas are as specified on the map attached hereto as "Exhibit A." 2. Hurricane Pass, as specified on the map attached hereto as "Exhibit B." Hurricane Pass is described as follows: Those waters northeast of the Gulf of Mexico between the shores of Cannon Island and Keewaydin Island (also known as Key Island), south of the southern end of Little Marco Island within the following boundaries: The northern boundary. is a line at the southernmost point of Little Marco Island at a..nprwdmately 25° 59.9'N, gl° 45.17'W: east to Cxamon Island (25° 59.9'N: 81° 45.08'W). and west to Keewaydin Island (25° 59.9'N, 81~ 45.25'W); the eastern boundary_ is the western shore of Cannon Island from its intersection with the northern boundary. of Hurricane Pass south to its intersection With the southern boundary. of Hurricane Pass; the southern boundary_ is a line extending from the southernmost point of Keewaydin Island (23° 59.7R'N; 81° 45.17'W) a_ .nproximately east-southeast to the nearest shore of Cannon Island (25° 2 Words deleted ate stnmleihi~h; words added are underlined t 0 t o · · · · 0 t · t 3. ]~e2~ed. ' ' " 3 Words deleted are stmek-tks~k; words added are ~ $. Port of the Islands: The sea walled marina basin and south thereof a..t~rnximately 1 ;000 feel as shown on the map attached hereto as Exhibit "I". 6. The Everglades City. Area: The Barton River from the inlet north to the east side of the State Road 29 bridge; also the" . · · hundred (500) feet of all sea walls. All pans of Halfway Creek that are within five hundred (500) feet of Plantation Island. These areas are shown on the map attached hereto as Exhibit "J". 7, . Chokoloskee Island: All areas within five hundred (500) feet of the sea walled areas of Chokoloskee Island. These areas are shown on the map attached hereto as Exhibit "J". SECTION FOUR: VESSEL SPEED REGULATION Except during an emergency or operation by an official of the government while engaged in official businc.' s, the operation of any vessel in excess of idle speed, as defined lierein, in or on any watch specified above is hereby prohibited and is a violation of this 0rdinanee. Said prohibition is effective and enforceable provided the "no wake" area is designated by regulatory marker, signage, buoy, or any other notice of the "idln_sZnd-no wake" status. The locations of such notices shall be placed at the discretion of the County Staff. All such notices posted by the County are official notices of the County. Provided the restricted area is .trusted as an "Idle S~ed' and/or "No Wake" area. it is no defense to a violation of this Ordinance to allege that the person issued a rioflee of violation of this ~ Dsf~4a~ did not observe pnsI~ notice of the "idle speed" and/or "no wake" status of the waters. SECTION FIVE: DEFINITIONS For the purposes of this Ordinance, the following words are defined as follows: A. IDLE SPEED means the minimum speed through or over the surface of the water that will allow the vessel operator to maintain steerage of the vessel. B. OPERATE means to be in control of the speed of a vessel traveling over or in water. Words deleted are :tr'-'-ck :.~':ug~; words added are underlined C. }'E.SSEL means a motor propelled and/or artificially propelled boat, sailboat, barge, airboat or other watercraft used or capable of being used as a means of transportation of one (!) or more persons over or in the water, whether propelled by wind, propeller, or forcing flow of water by propeller or impeller, or otherwise. Vessel does not include a canoe, kayak, or similar small minimum wake type vessels provided the vessel is then being propelled only by paddle and not by motor, pump, or sail. "Vessel" does not inchdc seaplane. SECTION SIX: PENALTIES Each violation of this Ordinance is a civil infraction. If a Citation of Violation is not contested and is paid in full and on time, the fine shall be Fifty ($50.00) Dollars for the first violation within any six (6) month period, and One Hundred ($100.00) Dollars for a second violation by the same person within any one (i) year period. If the fine is not paid in full and on time, the Court may impose a fine of up to Five Hundrea ($500.00) Dollars plus Court costs and any other costs and/or fees authorized to be imposed by the Court by Florida Statutes. As an alternative means of e~.forcement, violations of this Ordinance may be referred to the Collier County Code Enforcement Board. SECTION SEVEN: ENFORCEMENT The provisions of this Ordinance shall be enforced by any member of any duly authorized law enforcement agency or officers having enforcement jurisdiction in Collier'County, Florida. Civil Citations may be used to notify the defendant of allegations of violations of this Ordinance. SECTION TWO: 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. 5 Words deleted are :~-~k *.~-'c~ug.~4 words added are underlined SECTION 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 me Ordinance may be renumbcred or relettered to accomplish such, and the word "Ordinance" may be changed to "section," "article," or any other appropriate e word. SECTION FOUR: REPEAL OF FOUR RESOLUTIONS. Resolutions numbered 79-165, 81-199, g5-146, and 86-1 are hereby repealed. SECTION FIVE: EFFECTIVE DATE This Ordinance shall take effect upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this//day of f,',/~,.~ ._./ ,1997. ATTEST: DW GH.7'. BR. OCK. CLERKBOARD OF COUm CO 4MISSIO ERS , , ...........:,.. ",,:. OF COLLIER COUNTY, FLORIDA ApprSVed,~s'Y6 form and ~is ordjncnce riled w,h the Secretary of ~t te's Office e a . . i : 6rid ~ckncwled~ern~n~ o~ that ..__ filing received thl.~..~/,~'_ day Of %~ Thomas C. Palm~ ' ~ c~ - Assistant County Attorney h:~xitn~nce~TMdlelpeeizonel-t~ e 6 Words deleted are :*,r,::k ',,~:cug~; words added are underlined K~IBIT hA" . SCALE · , MILES CLAM PASS SPEED NEl WAKE CLAM SEAGATE !It!IBIT 'l" TO OR, DI~IA!tCZ v.. '. "~." ~ A,R ( .-.: ':. ISLAND ~ · · ' :':' v. .':. GU~ OF '~. CANNON ~EXICO ~ · . ISLAND ISLAND '.: ... '.:. · . :.. PROPOSED P~OSITION OF " REOULATORYt MARKERS; '.. LITTLE MARCO'; / HURRICANE PASSES. :. :.. ii ... 0 1000 2000 ".. Feet ....,:. COLLIER COUNTY $HGRD_!I( - FL~0A MARINE RESEARCH INSRTUTE, MOOIFED TO ILjustRATE ClJRRENT CC}ii}r110NS BY i:" ~" NATURAL RESOURCES DEPM~I'klENT 7/9~. Exhibit C IDLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED ZONES LEE COUNTY BONITA ~.CH ROAD BONITA SHORES BAREFOOt BEACH US 4 1 SCALE / 6 .~ i RILES 41 CONKLIN BAY HARBOR WIGGINS PASS COCOHATCHEE RIVER m.. ~ WATER PALM m~ ,~,~ TURKEY SHORES BAY WATER PALM SHORES TURKEY BAY CR 846 VANDERBILT BEACH VANDERBILT 'LAGOON % SCALE 0 .5 1 PPER CLAM MILES AY O PELICAN c BAY CBAd NLAN? / IDLE SPEED ZONES CLA PASS~ HA'j'CHE]3 AREAS ARE IDLE i S PEEl] ZrlNES EL OUTER us 41 PINE RIDGE ROAD Exhibit E ',DLE SPEED ZONES GORDON RIVER HATCHED AREAS ARE IDLE RIVER SPEED ZDNES REACH C~ us 41 NAPLES GORDON RIVER ROCK CREEK I / BROOKSIDE SCALE, 0 .5 1 ~ US 41 MILES ~ "_~,' %___,~~,~~~ H ~%~<u A N Exhibit F OF ,PRI TARPON · BAY CAPRI PASS eo JUDGE ~O JOLLY ? IkSS BRIDGE SANCTUARy I % SOUND SCALE .5 ! HILES IDLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED Z[]NES CAXA M BAS ~:::::ICAXAM BAS PASS BAY IDLE SPEED ZONES] HATCHED AREAS ARE I]]LE ~ ZONES AODISON BAY ~ 0 SCALE o .~ ~ SANCTUARy NILEg SOUND ~2~ ~ BARFIELD BAY BAS ~SL~ND I -. Exhibit H US 4 1 DLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED ZONES HENDERSON ~ CREEK SR t951 SCALE ~., I 0 .5 MILES us ,~l IDLE SPEED ZONES  HATCHE~ AREAS ARE I]3LE PORT SPEED ZDNES OF ISLANDS ' SCALE FAKA UNION . , . 0 .5 1 CANAL MILES Exhibif J IDLE SPEED ZONES HATCHED AREAS ARE IDLE SPEED ZONES EVERGLADES EVERGLADES CITY NATIONAL PARK HALFWAY CREEK q,,,_ ~:~%~ SCALE ~ 0 ,5 1 NILES FURNER RIVER HOKOLOSKEE STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clark of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a tru~ copy of: ORDINANCE NO, 97-10 Which was adopted by the Board of County Commissioners on the 11th day of February, 1997, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this llth day of February, 1997, Clerk of Courts an~, ~'~.~,7~ .... 0,~,,~:~'~ Deputy Clerk