Ordinance 90-009 (-~ AN ORDINANCE AMENDING COLLIER COUNTY ?.i,
~ '~'? ORDINANCE NO. 76-48, AS AMENDED, TO ~'~,'~
~.~ '.'~2 PERMIT DOMESTICATED ANIMALS W~THIN COUNTY J',t' -~¢ ~
~., PARK BOUNDARIES FOR RECREATION;~L SPECIAL ¢~i~,i ~.
~. ' :~ EVENTS, PARK RANGER PATRO~. llANDICAPPED "~...,,.. ~0"'~
'' PARK PATRONS AND LAW ENFOR~F24ENT DUTIES;
PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners finds it to be in
the best interest of the citizens of Collier County, Florida, to
permit domesticated animals with County Park boundaries for
recreational special events, park ranger patrol handicapped park
patrons and law enforcement duties.
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
Ordinancu No. 76-48, as amended.
Section Three of Collier County Ordinance No. 76-48, as
amended, is hereby amended to read as follows:
SECTION THREE. Prohibited Acts.
(1) No person shall within County park boundaries:
A. Disobey the lawful and reasonable order
police officer or county park employee in the discharge
of his duties or disobey or disregard the notices,
prohibitions, instructions or directions on any park
sign, including rules and regulations posted on the
ground or buildings in said parks.
B. Willfully, mark, deface, disfigure, injure,
tamper with, or displace or remove any building, bridge,
table, bench, fireplace, railing, paving, or paving
material, water line or other public utility or parts
appurtenant thereof, signs, notices or placard whether
temporary or permanent, monuments, stak.es, posts, or
other boundary markers or other structures or equipment,
facilities or park property or purtenances whatsoever,
either real or personal.
C. Interfere with, encumber, obstruct or render
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~.~ dangerous any par of the park.
· ~ D. Climb or lie upon any walls, fence, ~helt~r,
,~:~_ seat, statue, monument, or an~.other structure.
~ ~ E. Cut, break, inure~ disturb, sever from the
~:, ground or remove any growing thing, including but not
~:i limited to, any plant, flower, flower bed, ehrub, tree,
~ growth or any branch, item, fruit or leaf thereof; or
:~:' bring into or have in his possession any county park any
h,~ tool or instrument intended to be used f~r the cutting
?
'~~ thereof, or any garden or agricul~ural implements or
~ tools which could be used for the removal
thereof;
or
~- pile or maintain any material or debris of any kind
against or upon the same or attach any rope, cable or
.~. other contrivance thereto; or set fire to any trees,
~ shrubs, plants, flowers, grass, plant growth or living
i~: - timber, or suffer any fire upon land to extend into park
~r lands; or go upon any prohibited lawn, gra~s plot or
planted area, except at such times and ins such matter
~. as the Director of the Parks and Recreation Departm~t
~. may designate.
~,: F. Throw, discharge, or otherwise place or cause
to be placed in the waters of any fountain, pond, lake,
· stream, bay, or other body of water in or adjacent to
: any county park or any tributary, stream, storm sewer,
~.~ or drain flowing into such waters, any substance, matter
or thing, liquid or solid, which will or may result in
the pollution of said waters.
G. Disturb the peace,.use any profane, obscene or
blasphemous language or do any indecent act.
.~ H. Endanger the safety of any person by any ·
,' conduct or act.
I. Commit any assault, battery or engage in
fighting.
J. Carry, possess, or drink any alcoholic beverage
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,= 037 , 4.78'
in any park, except as provided in the exemption sst
forth in subsection (2) of this Section.
K. Enter or exit any park facility except at
established entrance ways or exits, or at established
times.
L. Attach any posters or directional signs to
trees.
M. Cause or permit a dOg or other domestic animal
to enter e~pt as provided in the exemption set forth
~n subsection (2) of this Section~
N. Build fires except in specified areas ~n county
parks on cooking grills provided therein.
O. Drive any unauthorized vehicle on any area
within the park except the paved park roads or parking
areas; park an authorized vehicle in other than an
'- established or designated parking area; park any ·
unauthorized vehicle in the county park area overnight.
P. Ride a bicycle on other than a paved vehicular
road or path designated for that purpose; leave a
bicycle in a place other than a bicycle rack when such
is provided, or leave a bicycle lying on the ground or
paving or any place or position so as to present any
obstruction to pedestrian or vehicular traffic.
Q. Prevent any person from using any park, or any
of its facilities, or interfere with such use in
compliance with this Ordinance and the rules applicable '~.
to such use.
R. Violate any rule for the use of the park which ..
has been posted In a particular park pursuant to
approval by the Board of County Commissioners.
S. Possess, carry and/or transport on or about
their person or discharge any firearm, as defined in
Chapter 790.001(6), Florida Statutes, excluding duly
authorized law enforcement officers in the lawful
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performance of their duties.
T. Possess, carry, and/or transport on or about
their person any glass contained in any beach access
area.
(2) Exemption to Prohibited Acts
A. An exemption to Section Three (1)(J) is hereby
declared and established to permit the sale, consumption
or possession of alcoholic beverages within the Golden
Gate Community Center in accordance with' the following
conditions:
1. The sale, consumption or possession of
alcoholic beverages shall be permitted only in
conjunction with or accessory to a primary function
for which the Community Center has been rented (e.g.
wedding, office party, holiday party, charitable
functions, etc.).
2. Any permit or temporary license for the sale
of alcoholic beverages required by the Division of
Alcoholic Beverages and Tobacco including, but no5
limited to, Section 561.422, Florida Statutes, shall
be a prerequisite to the sale or service of alcoholic
beverages. It shall be the sole responsibility of the
person, group or organization requesting permission to
serve alcoholic beverages to acquire all such permits
or licenses and neither the Golden Gate Municipal
Services Taxing District nor the County shall have any
obligation or responsibility to obtain or provide such
permits or licenses. .
3. The person, group or organization requesting
permission to serve alcoholic beverages and all
the Golden Gate Community Center shall comply with all
statutory requirements relating to the sale or
possession of alcoholic beverages as set forth in
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4
Chapters 561 and 562, Florida Statutes, as applicable.
Specifically, no minors shall possess or consume
alcoholic at the Community Center.
beverages
4. Arrangements for permission to sail or serve
alcoholic beverages at the Golden Gate Community
Center shall be made through the Director of the
Community Center, or his or her designee.
5. The regularly established hours for the
Golden Gate Community Center shall be Observed with
.
regard to the sale, consumption'or possession of
alcoholic beverages within the Golden Gate. Com~,unity
Center, or his or her designee.
6. The sale, consumption or possession of
alcoholic beverages shall be permitted only within the
Golden Gate Community Center Building.
7. The person, group or organization requesting
permission to serve alcoholic beverages.at the Golden
Gate Community Center shall provide proof of insurance
as a prerequisite to the sale or serving of alcoh~lic .~.
beverages. Such proof of insurance may take the form
of a separate liquor liability insurance policy,
liquor liability rider to homeowners insurance, or
other insurance approved by the Collier County Risk
Manager. In the event that general liquor liability
insurance is provided by Collier County for all
functions which sell or serve alcoholic beverages, any .~.
person, group or organization conducting such function
shall pay a proportional share of the cost of such
insurance as determined by the Collier County Risk
Manager and the Director of the Community Center.
8. Either the Director of the Golden Gate
Community Center, or his or her designee, or a person
designated by the Collier County Department of Parks
and Recreation shall be present during the course of
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037 45!
any function or activity at which alcoholic beverages '!
are sold, consumed or possessed at the Community
Center. Such person shall have the authority to
Immediately terminate or ~ause the termination of the
sale, consumption or possession of alcoholic beverages
where it ts determined that any requirement of this
ordinance has been violated.
B. An exemption to Section Three .fl~.fN~ Ks hereby
declared add established to permit domestic animals
wlthiD ~QUB~¥ Park boundaries f~r C~untv'aDDroved
recrea~gDal sp~al events. Ce.~. Dettin~ zoo. do~
ShOws, ~g¢,} P~rk ran~er D~rol. seetn~-eve do~s fo~
hand~capped park Datrons and law enforcement duties.
SECTION TWO: Conflict and Severability
In the event this Ordinance conflicts with other applicable
law;-the more restrictive shall apply. If any portion of this
i Ordinance is in conflict with an ordinance of any municipality
within Collier County, it shall not be effective within the
':'~ municipality to the extent of such conflict.
~!i If any section, subsection, sentence, clause, phrase, or
~ portion of this Ordinance is, for any reason, held invalid or
unconstitutional by any court of competent Jurisdiction, such
portion shall be deemed a separate, distinct and Independent
provision of such holding and shall not affect the validity of ~he
remaining portion thereof.
SECTION THREE: Effective Date
This Ordinance shall take effect upon receipt of notice from
the Secretary of State that this Ordinance has been filed with the .. "
Secretary of State.
~i PASSED AND DULY ADOPTED by the Board of County Commissioners
~,~ of Collier County, Florida, this 23rd day of January' ,
"i. 1990.
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ATTEST.- , BOA~ OF COUNTY CO~ISSIONERS
J.A/~ES"~'.' 'GILES, CLERK COLLIER COUNTY, FI~RIDA
. ' ~Approved as ..~ for~and
Assistant County Attorney
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STATE OF FLORIDA )
COUNTY OF COLLIER )
I, JAMES C. GILES, 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 90-9
which was ,dopted by the Board of County Commissioners on
the 23th day of January, 1990, during Regular Session.
CounLy Commissioners of Collier County, Florida, this 26th
day of January, 1990. -. .
JAMES C. GILES ,......~,.
Clerk of Courts and Clerk,'~:j~,i~ '
Ex-officio to Board o£ .-.' ......... ..
County Commissioners ~- .. .
Deputy Clerk' ,~'..,";,'.'