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Ordinance 97-12 ORDINANCE NO. 97- ~2 AN ORDINANCE AMENDING ORDINANCE NO. 89-11, AS AMENDED, "THE BEACH AND WATER SAFETY AND VESSEL CONTROL ORDINANCE" BY AMENDING SECTION SIX, VESSEL REGULATION, TO INCREASE THE AREA OF SPEED RESTRICTION ON JET SKIS FROM 500 '. - FEET OFFStlORE TO 750 FEET OFFSHORE; ':': ': :' ALSO AMENDING SECTION SEVEN: ' ' ' t" REGULATION OF CONCESSION OPERATIONS, ;. EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS, TO ADD ADDITIONAL REGULATIONS REGARDING ALL VESSELS PROPELLED BY MOTORS RATED AT TEN HORSEPOWER OR GREATER; PROVIDING FOR INCLUSION INTO THE CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Collier Count-: Ordinance No. 89-11, as amended, regulates the operation of jet skis w/thin a distance of 500 feet from the Collier County beaches and shoreline bathing areas and specifies requirements for rental of jet skis in those areas; and WHEREAS, recent irresponsible and sometimes dangerous operation of privately owned jet skis and, in some instances, rental jet skis, at a distance of 500 feet from the beaches and shoreline bathing areas have become an unacceptable and recurring nuisance to bathers and landowners in those areas; and, WHEREAS, it is now apparent that operation of jet skis within 500 feet of the shoreline is too close to the shoreline to abate the nuisance aspects of the irresponsible operation of jet skis; and WHEREAS, there are unacceptable and unavoidable enforcement problems regarding enforcement of ordinance prohibitions against individual operators of private jet skis; and WHEREAS, it is necessary to abate the nuisance of irresponsible operation of private and rental jet skis in the vicinity of the Collier County shoreline, that the current restriction line of 500 feet from the shoreline must be moved seaward to the distance of 750 feet of the shoreline; and WHEREAS, notwithstanding the good faith efforts of most renters of jet skis to eliminate irresponsible operation of rental jet skis by their customers, it is 1 Words llEtla.C~jxl~ are added; words c,m~,-4hr-ough are deleted. necessary to abate the nuisance of irresponsible operation of some rental jet skis, that the current beach vendor permittee regulations applicable to the individual operators of rental jet skis be amended to include additional age and safety regulations; and WHEREAS, personal watercraft, by virtue of their size, speed, maneuverability, noise type and level, and their increasing numbers, present special problems affecting other boaters, bathers, and the general public health, safety and welfare, which special problems have been recognized recently by the Florida Legislature as evidenced by recent amendments to Chapter 327, F[odda Statutes, imposing additional regulations affecting personal watercraft. NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMEN/'S TO SECTION SIX OF COLLIER COUNTY ORDINANCE NO. 89-1 I, AS AMENDED. Section Six of Collier County Ordinance No. 89-11, as amended, is hereby amended to read as follows: SECTION SIX: VESSEL REGULATION A. Operation &vessel in excess of idle speed prohibited. 1. The operation of any vessel, or sailcraft, in excess of idle speed, as defined heroin, in or on all waters of the Gulf of Mexico within five hundred feet (500 feet) offshore from all sandy beaches and shorefront bathing areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether or not such area is designated by appropriate sign, buoy or other public notice. 2. Jet ski regulation. No person shall operate a jet ski: a. closer than :500 750 feet perpendicular from the water's edge except to go to and from the shore or except in a vessel corridor designated under subsection (3) hereof, nor ~hall proceed to ~ from that portion of the Gulf beyond 500 feet at a speed greater than merely necessary to effectively traverse the breaking water, aad_.fT. Dxa_aH distances from 500 feet to 750 feet from the shore; at any Safe Speed under the then existing conditions, but not to exceed 20 miles per hour: or 2 Words underlined are added; words .....t. ,$. .....K are deleted. b. in an unsafe, reckless or careless manner endangering the life, limb, or property of'any person. 3. Vessel corridors. The following areas of the Gulf adjacent to the beach closer than 500 750 feet from the shore may be designated as being exclusively for vessel use between dawn and dusk daily: 45 a. Those areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks and such other parks and areas designated and posted by the County Parks and Recreation Depaximent as vessel corridors or use areas. 4. Beach launch of vessels regulated. No person except a law enforcement officer, licensed beach vendor, authorized emergency personnel, or other person actually engaged in a rescue attempt shall traverse the beach with a motorized boat or jet ski and m: launch such vessel from the beach from an unauthorized launching area. A licensed beach vendor's location is an authorized launch site for that vendor's .e.0.uipment. 5. .Water Skiing. No person(s) including the skier(s) (anyone being towed on a line behind a vessel) and the vessel operator(s) shall water ski closer than 500 feet from the edge of the beach directly on the Gulf. 6. Sailcraft, including sailboats, windsurfboards, and sailboards. No person shall operate a sailcraft closer than 500 feet perpendicular from the water's edge where bathers are present except to go to and from the shore by the most direct means possible in a safe and reasonable manner. 7. Regulated areas. No person shall operate a motofized vessel or sailcraft within an area which has been clearly marked by buoys or some other distinguishing device for bathing, swimming or which has been otherwise restricted by the County, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft. B. Vessel speed not to exceed reasonable speed under existing conditions. Nothing contained in this Ordinance shall be construed to authorize or approve the speed of any vessel or sailcraft in excess of that which is reasonable and proper under the existing conditions or circumstances including, but not limited to, the presence of water skiers, bathers, fishermen, natural hazards or other water traffic. 3 Words underlined are added; words :',r,:ek ',~:e::g.k. are deleted. C. l~xemptions. The following shall be exempted from the provisions of Section Six of this Ordinance. 1. The provisions of this Ordinance shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial or exhibition. 2. The operators of Law Enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operating under emergency conditions. 3. Commercial fishing vessels are exempted while conducting fish neUing operations, provided the operations are conducted in a safe and prudent manner and in accordance with Section Six (B), Vessel speed not to exceed t'easonable speed under existing conditions. Under no circumstances, however, shall commercial fishing vessels be operated at greater than idle speed within f;';e hundred feet (500 feet) of bathers. SECTION TWO:~,.MENDMENTS TO SECTION SEVEN OF COLLIER ~COUNTY ORDINANCE NO. 89-11, AS AMENDED. Section Seven of Collier County Ordinance No. 89-1 I, as mended, is hereby mended to read as follows: SECTION SEVEN: REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS The safety and welfare of the persons that reside nearby the County's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations: A. Beach Vendor Permit Requirement. Any person engaged in the rental, leasing, bailment for consideration, or otherwise providing transportation for remuneration, of motorized or wind-driven vessel(s) for use by the public on the beach or adjoining waters of Collier County, including jet skis and sailcraft, shall be required to obtain a "Beach Vendor Permit" from the County. A Beach Vendor Permit shall issue and be maintained upon the applicant paying such 4 Words underlined are added; words -*-:rock :h:e, ugh are deleted. application fee therefor as established by the County by resolution and meeting the following requirements: 1. The applicant must have an operations office or headquarters located at a land-based location with direct access to the beach in the immediate area where the vessels are being provided for public use. 2. The applicant must have and maintain a telephone or marine radio at its land-based operations office. 3. The applicant must have a motorized chase boat with operational marine radio in good running condition that meets all U.S. Coast Guard safety requirements kept at vessel rental site during all hours of applicant's rental operations. 4. The applicant must have and maintain comprehensive general liability insurance with coverage not less than the amount of $500,000.00 combined Single Limits. 5, The applicant 'hall provide a list describing and indicating the Florida vessel registration number of each motorized vessel applicant shall place in service. Any motorized vessel placed jn service for public use after a Beach Vcndor's Permit has been issued shall have a Florida vessel registration number affixed thereon. 6. The applicant shall provide proof of having minimally one operational life vest for each occupant space on each of the vessels to be offered for public use under Section Seven of this Ordinance. The applicant is required to obtain a County occupational li'cense for its operations office required under Section Seven of this Ordinance. To obtain an occupational license, the applicant must provide proof of having a current, valid Beach Vendor's Permit. B. Beach Vendor PermitteeNessel User Regulations/ft,.ncral 1. Operator Age Restrictions Applicable to Operation of All Vessels With 10 Horsepower or Greater. As required by subsection 327.395, Florida Statutes, until October 1. 2001. the rental to or operation of a motorized vessel provisions ,~f this :er, tien powered by a motor of I0 horsepower or _re'eater is prohibited to anyone ago hom after September 30. 1980, and on or after October I. 2001, a p~rson 21 years of age or younger, unless that person has in his/her possession aboard the vessel photo_m'aphic identification and a boater safe.ty identification card issued 5 Words underlined are added; words c. tra,:k t~ug~ arc deleted. pursuant to subsection 327.395, Florida Statues, or e-x-oept IU.c,h DerSOn f"" +~nt'a-e-h:IA'~'''~ h~.+.,.,.,,.,,. 1 '"1 ,,,~A I~ .,~,,,.... ,,f' ..,.,, ........ ' ..... ~' ve~n~! ~ is at least 16 years of a.&C_and the C==Ja{ld~'.. ~ parent. or a n ~d'dlt supervisor OVC." ,I-,. ^,e ,.) 1 .... .-.gs .... :,'ears ..... '-- =~other .... k ...... ~ to nccompan:,' ,k. child "-'~ ..... '~ ...... IS years of a~e or _older who is either exempt from the requirements of'subs¢ction 3.2]..3.9.5... Florida _Statute, or has a valid boater safe~ identification card issued pursuant to that subsection, accompanies that person during operation of the vessel and as. alJj~nsibili~ 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 otherwise provide for money or m. cne)"c. "'o."th other ~ a motorized vehicle to anyone exert as provided hercin. 2. The tenter, user, passenger of or on any vessel described in Section Seven shall have on board an operational ,life vest while using or having such vessel in the water, and it is a violation of this OTdinance for any such person(,s) using such vessel not to have a life vest on board. 3. ]>re-Ride Safety Instructions. Each liven/. must also pro~de pre-ride boater safew. instruction and safe~ information to each person who rents a vessel powered by a motor rated at I0 horsepower or ~eater. 4. Display of'Rental let Ski Speed Limit Informat{on. Each rental jet ski must conspicuously display the special speed limit instructions that apply within all the respective distances from lhe shore. 'lq~e speed instructions must be easily visible to the operator of the rental jet ski when the operator is in the operating position on the jet ski. 5. l~,{ufflers on Rental let Skis. Each rental jet ski_must always ~perate with stock mufflers or with mufflers that are quieter lJ~an stock muf~ers~ 6. Each renter of a jet ski must read and initial that he/she landerstands the speed and operation restrictions placed upon operation of jet skis by this Section and/or by Chapter 327, i 7. Rental Jet Ski Identification Markings. Each rental jet ski must display identifying letters and/or numbers that identi.fy the .specific jet ski. Each identification number and/or letter, Ixademark, logo, and/or company name must be at least four (.4) illches in height and must contrast with its back~ound color so as to be easily visible at a distance of 250 feet by a person with 6 Words underlined are added; words ~r,:ck :hreugh are teltied. 8. Use of Vessel Corridors by Rental Jet Skis. Each rentaljet_ski_ must use_a vessel corridor whenevera corridor is available. Maximum allowable speed in the corridor within 500 feet of lhe shore is the slowest speed at which the operator Can effectively control the jet ski and be able to transverse the breaking water, and at all distances from 500 feet to 750 feet fromthe shore; operate at any safe speed, but not to exceed twenty. (20) miles per hour. O 9. Safe Operation of Jet Skis. All jet skis must be operated in a reasonable and prudent manner at all times. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property.._ including weaving through congested_vessel traffic: jumping the wake of another vessel unreasonably or unnecessarily close Lo_such vessel or when visibility. around_such vessel is obstructed. or the vessel is operated in a manner that requires i~tentional swerving at the last moment to avoidjcoIIision._ constitute reckless operation. Jet skis are not limited to vessels [hat have one (1) or two (2) occupants. SECTION THREE: CONFLJCT AND SEVERABILITY In the event, this Ordinance conflicts with any other ordinance of Collier County or other ap.~licable 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 FOUR: INCLUSION INTO 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 renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section, .... article," or any other appropriate word. SECTION FIVE: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. 7 Words underlined are added; words sl,~t~,-thr-oagh arc deleted. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Horida, this l~th day of x'ebru,ry , 1997. ATTEST: ..-. :-.::: '. BOARD OF COUNTY COMMISSIONERS D~.C. dtr$ ~R~CIC, CLERK COLLIER COUNTY, FLORIDA ".,.,.'....', :',.:/...,~.. ~- ~:,,22~~ By: Approved as to form and legal sufficiency: Thomas C. Palmcr 'mis ordI~on~:e flied with the Assistant County Attorney s~:r, ta~y of Stote's Office , /Y~tdoy o~...~'-~.J-. , h:~mttnm~j~t~kie~-I~ i ond acknowledgemeEt of that : fi~in rec ived th~s~&y o~~.~ By ~~ 8 Words llrlderline~l are added; words ~.*r,.:ck *,~:c, ugh am deleted. 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 trua copy of: ORDINANCE N0.97-12 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 12th day of February, 1997. DWiG~ z. BROCK .~'~:.":,'.':.'.';~'~:~."*~'. Clerk of Courts Ex-officio to Board~of:'n/; "i ":" ~ :~' '" County Commissione!T:~.,;'?.!l~.'~y/,:.; By: Ellie Hoffman >!./~.~"~'~'~ Deputy Clerk '~7',~,~.~ .... .!.- :..,,.. ..