Ordinance 96-28 AN ORDINANCE AMENDING COLLIER
COUNTY ORDINANCE NO. 89-11, AS AMENDED,
"THE COLLIER COUNTY BEACH & WATER
SAFETY AND VESSEL CONTROL ORDINANCE,"
BY AMENDING SECTIONS THREE AND SIX, TO ,'~
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PROHIBIT ULTRALIGHT VEHICLES FROM ~
OPERATING ON OR OVER MOST SALTWATERS ~
IN UNINCORPORATED COLLIER COUNTY; ;' ' t--
PROVIDINGFORCONFLICT AND ~, ,'
SEVERABILITY; PROVIDING FOR TIlE ;~'
INCLUSION IN THE COLLIER COUNTY CODE ?"
OF LAWS AND ORDINANCES; AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the Board of County Commissioners has authority to reasonably
regulate where upon ultralight aircraft may land, take-off, or otherwise operate in
unincorporated Collier County, pro,Aded such regulation does not conflict with
Florida laws or federal laws; and
WHEREAS, federal law, including Chapter 14 of the Code of Federal
Regulations, Section 103, does not prohibit local regulation affecting ultralight
aircraft as defined in Ordinance No. 89-11, as amended; and
WHEREAS, no Florida law or Florida regulation prohibits the regulation of
ultralight aircraft as specified in this Ordinance, including Chapters 331,332, or
333, Florida Statutes, or Section 14-60, Florida Administrative Code; and
WHEREAS, no Florida or federal regulation requires safety inspections of
many ultralight aircraft although those vehicles may be used to transport persons by
means of free flight through airspace; and
WHEREAS, neither Florida nor federal regulation require that most persons
who pilot an ultralight aircraft have a pilot's license or otherwise be certified as
having special knowledge regarding flying an ultralight aircraft through airspace;
and
WHEREAS, operators of ultralight aircraft in unincorporated Collier County
are landing ultralight aircrat~ on the surface of saltwater near beaches, and are
taking. off from the surface of saltwater near beaches and other congested areas, and
these ultralights have been free-flying at low altitudes over or near individuals and
ave..' privw. camt wigre zaae a so so auaid
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accident and/or death to the operator of the ultralight aircraft, any passenger therein,
other persons, and damage to tangible private and public property; and
WHEREAS, reasonable local regulation of ultralights and other aircraft
imposes no unreasonable burden on interstate commerce nor takes away any legal
rights of any person or entity; and
WHEREAS, it is the intent and purpose of this Board to protect and promote
the health, safety and welfare of the public at large, including residents and visitors
to Collier County, by prohibiting any operation of any ultralight aircraft from or on
any saltwater bay, saltwater canal or other body of saltwater in unincorporated
Collier County within 500 feet of any !and that is west of the intersection of County
Road 92 (San Marco Road) and U.S. Highway 41 (Tamiami Trail).
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: Amendments to Section Three of Collier County Ordinance
No. 89-11, as amended.
Section Three of Collier County Ordinance No. 89-11, as mended, is hereby
amended to read as follows:
SECTION THREE: APPLICABILITY.
This Ordinance shall apply to and be enforced in the unincorporatcd area of
Collier County, including Key Island, Marco Island, Sand Dollar Island and Little
Hickory Island, b'-'-,', and. except aS otherwise specified herein, shall not apply to the
other barrier islands within Collier County jurisdiction.
SECTION T~VO: Amendments to Section Five of Collier County Ordinance
No. 89-11, as amended.
Section Five of Collier County Ordinance No. 89-1 !, as mended, is hereby
amended to read as follows:
SECTION FIVE: REGULATION OF USE AND CONDUCT ON THE
BEACH.
A. Possession of Glass Containers Prohibited. It shall be unlawful for
any person while on the beach or beach access areas to possess or utilize any glass
bottle or container.
B. Restrictions on ,4nirnals on Beach. It shall be unlawful for any person
owning or have under his control any animal, to permit such animal upon the beach,
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except guide dogs accompanying visually impaired persons or heating ear dogs
accompanying hearing impaired person shall be allowed on the beach at all times.
C. Open Fires Prohibited; Heated Objects to be Disposed of Properly. It
shall be unlawful for any person to have an open fire on the beach. Said prohibition
shall not include a stove or grill where so designated and posted by the County
Parks and Recreation Department. It shall be unlawful for any person to dispose of
any coals, briquettcs, embers or other heated object from any stove or grill at the
beach in other than a County designated receptacle.
D. Overnight Camping Prohibited. It shall be unlawful to camp overnight
on the beach.
E. Fishing. It shall be unlawful for any person while on the beach or
within 1,000 feet from shore to intentionally fish for sharks or to fish by those
methods commonly known as "chummine" or "bloodbaiting." Nothing herein shall
be construed to create a duty of any sort on the part of any law enforcement officer
or county employee to prevent fishing or to warn of the presence of sharks in the
Gulf of Mexico.
F. Throwing of Balls, Frisbees, or Other Objects. It shall be unlawful for
any person to throw any ball, Frisbce, or other object through any bathing area after
having been warned by any law enforcement officer that such activity interferes with
or endangers the movement of pcdestr/an traffic or public safety.
G. himmine. No person except a person actually engaged in a rescue
attempt shall:
(1) swim or bathe within 150 feet measured in any
direction from a pier or jetty;
(2) swim or bathe in any area posted exclusively for
vessel and/or sailcraft use.
H. Use of Rafts, Floats, and other Flotation Devices. No
person shall:
(1) use any raft, float, body board, or other flotation
device of any description, except for a vessel or
sailcraft, more than 500 feet from the water's edge.
I. Operation of Vessel or Sailcraft While Intoxicated. No person shall
operate a vessel or sailcraft of any description, whether motorized or not, surf or
otherwise use any other equipment in the Gulf of Mexico when under the influence
of any alcoholic beverage, or any chemical substance as set forth in Section
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877.11 I, Florida Statutes, to the extent that the person's normal faculties are
impaired.
J. Use of Aircraft on Beach or .from or over Adjoining Specked
Saltwater Prohibited. No person shah operate any aircraft, including seaplanes or
ultralights, ultralip_.ht trainers. or "ultrali~t vehicles" as defined in Chanter 14 of
Code of Federal Re~!ations. Paramph 103,1, on or from the beach or
adioinin_~ water within 500 feet of the water's edge. In the area west of a souther!_v
pr.oiection Of a n0rth/~outh line that bisect~ the intersection of County Road 92
MarCo Road) and U,$, Hi~way 41.(Tamiami Trail), no oerson shall o~rate any
Ul~'alight (inCluding ultralip.,ht Wainer~ and Ultralight vehicleS) from, on or Over any
saltwater except at a horizontal distance _re'eater than five hundred. {500) feet
seaward from the nearest shoreline of the mainland or nearest ~hOreline of lh¢
nearel;t island. WhiChever is th~ most r tri.'ctiv rCferenC:e point,
K. Soliciting and Canvassing Prohibited. There shall be no solicitation or
canvassing of the public on the beach:
(1) By other than licensed concessionaires of goods
and services for use or consumption on the beach.
No person other than a licensed concessionaire
shall solicit or canvass for the sale or rental of
merchandise, serv/ces, goods, or property of any
kind or character intended for use or consumption
on the beach.
(2) By licensed concessionaires. No licensed
concessionaire shall solicit or canvass for the sale
or rental of any merchandise, serv/ces, goods or
property of any k/nd or character except from
within or within 10 feet of his licensed premises or
vehicle.
(3) By any person of goods and services for use or
consumption off the beach. No person shall solicit
or canvass for the sale or rental of any merchandise,
services, goods or property of an:' kind or character
to be delivered or performed off the beach.
L. Sound Amplification. No audio device, such as loudspeakers,
television, radio, compact disc, tape, or record player, or musical instrument, except
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equipment used by law enforcement, rescue or beach safety personnel, shall be used
on the beach in a manner:
(1) that exceeds a noise !cvci of 60 dccibcls (dBA)
measured on the A-weighted scale at 25 fcct from
the sound source; or
(2) that otherwise violates the Collier County Noise
Control Ordinance.
M. Breach of the Peace; Disorderly Conduct. No person shall commit
such acts as arc of a nature to corrupt the public morals, or outrage the sense of
public decency, or 'affect the peace and quiet of persons who may ,vitncss them, or
engage in brawling or fighting, or engage in such conduct as to constitute a breach
of the peace or disorderly conduct.
N. Removal of Beach Sand. No beach sand may be removed from,the
beach.
O. Litter. It shall bc unlawful for any person to discard or othcnvisc
dispose of or abandon any trash, garbage, bottles, containers, cans, dead fish or
parts thereof, charcoal briqucttcs or ashes, or any other litter, except in designated
containers for that purpose. It is further unlawful to dispose of any household
garbage on the beach.
SECTION THREE: 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 bc 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 bc renumbcred or rclcttcred 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.
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maw, m I
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this//x~- day of ~ ,
1996.
ATTEST: BOARD OF COUNTY CO1VilVilSSIONERS
D,WIGt~OCK, CLERK COLLIER COUNTY, FLORIDA
Approved as to form and
This ordlnar¢~ f~;.~ w;th the
legal su~cien~: Secretary of 5:c~te's Office tF~e
of~
It~4C'~
Thomas C. Palmet
Assist~mt Coun~ ARomey
k'~lU~liSM-mwwlord
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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 - 28
Which was adopted by the Board of County Commissioners on the llth day
of June, 1996, during Regular Session.
WITNESS my hand and the official seal of the Board of County
Commissioners of Collier County, Florida, this 17th day of June, 1996.
Clerk of Courts andcC.~e~k:'.~. ';~.
c ' ' ;~' .., .. ~; :' ~,...'~] ~"
By: Ellie Hoffman: .~ '
Deputy Clerk