Ordinance 96-16 ORDINANCE NO. 96-16
AN ORDINANCE RELATING TO VESSEL CONTROL AND WATEI~"~-.
SAFETY IN TIlE CLAM BAY SYSTEM; PROVIDING FOR INTENT?..
ND PURPOSE; PROVIDING TITLE AND CITATION; SETTING ~.~' T!! APPLICABILITY; PROVIDING FOR VESSEL SPEED
ONFLICT AND SEVERABILITY; AND PROVIDING
~ FO
WHEREAS, Collier County, pursuant to Seelion 327.60, Florida Statutes, has the legal
aulhority to adopt this Ordinance to impose idle speed zones on wate~ays in the unincorporated
areas of the County; ahd
WHEREAS, the Collier County Manntee Protection Plan, adopted by the Collier Counly
Board of County Commissioners on May 23, 1995, has identified the Clam Bay System as an idle
speed zone; and
WHEREAS, it is necessa~ that the speed and operation of vessels located in the Clam
Bay System as specified herein be controlled m order to protect manatees and their habitat; and
WHEREAS, the Clam Bay System has been designated as a Natural Resource Protection
Area in Collier County; and
W~REAS, it is in the interest for the safety and welfare of the canoeing public,
kayakers, and small boat operators, that certain controls and regulations be enacled to reduce risk
and inju~ to the canoeing public, kayakers, and small boal operators and ensure the enjoyablity of
these natural resources by the general public.
NOW, T~REFORE, BE IT ORDAI~D BY THE BOARD OF CO~TY
COMMISSIO~RS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: INTENT AND PURPOSE
It is the intent and purpose of this Ordinance to protect and promote the health, safety and
welfare of the public, inc!uding residents and visitors to Collier County and in particular to the
Clam Bay area by providing reasonable 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 TtVO: TITLE AND CITATION
This Ordinance shall be known and be cited as the "Clam Bay System Water Safety and
Vessel Control Ordinance."
SECTION THREE: A PPLICA BIL ITY
This Ordinance shall apply to and be enforced on all the waters of the following described
Restricted Areas:
1. The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam
Bay, and Clam Pass. The restricted areas are as specified on the map attached hereto as ~Exhibit
A.,,
2. Reserved.
.~.
SECTION FOUR: VESSEL SPEED REGULATION
Except during an emergency or operation by an official of the governrnent while engaged
in official business. the operation of any vessel in excess of idle speed. as defined herein. in or on
any waters of the Clam Bay System is hereby prohibited and is a violation of this Ordinance. Said
prohibition is effective and enforceable provided the "no wake' area is designated by regulatory
marker, signage, buoy, or any other notice of the "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. It is no defense to a violation of this Ordinance to allege that the
Defendant did not observe notice of the "no wakeN stalus of the waters of the Clam |lay System.
SECTION HVE: 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 ofthe 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. ,
C. VESSEL 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 (1) or more persons over or in the water, whether propelled by wind. propeller, or forcing
flow of water by propeller or impellet, 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 include 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 dollars ($50.00) for the first
violation within any six (6) month period, and one hundred dollars ($I00.00) for a second
violation by the same person within any one (I) year period. !fthe fine is not paid in full and on
time, the Court may impose a fine of up to five hundred dollars ($500.00) 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 enforcement, 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 &allegations ofviolalions of this Ordinance.
SECTION EIGHT: 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 NINE: INCLUSION IN TIlE 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
relettered to accomplish such, and the word "ordinance" may be changed to "section," "article,"
or any other appropriate word.
SECTION TEN: EFFECTIVE DATE
This Ordinance shall take effect upon filing with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _fl f~ day of /~.~ , 1996.
ATTESTi
· ' ,, BOARD OF COUNTY COMMISSIONERS
DWiGHrf'E..BROCK, Clerk OF COLLIER COUNTY, FLORIDA
'. .....'.) ......., ...
This ord~n,"~ filed with the
Approved as to form and Secretary of Stole's Office the
legal sufficiency:
and a,.k. ~" ...... m,:' .~t o{ that
Thomas C. Palmer
Assistant County Attorney
TC Ptmrb
f:~'dlnances%walengay-cb
IROPOSED SPEEIARKER LOCATI/:;
SCALE
MILES
CLAM
PASS
IDLE SPEED
NO WAKE
CLAM
SEAGATE DRIVE
I':XIIII~['I' ,~
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 copy of:
ORDINANCE NO. 96-16
Which was adopted by the Board of County Commissioners on the 9th day
of April, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 10th day of April, 1996.
DWIGHT E. BROCK
Clerk of Courts and C~ef~
Ex-officio to Board
County Commissioners..
B s Maur
y: / / een Ken
Deputy Cl~'.rk' ".°.,