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Ordinance 89-086LJ.J c.j :~ r. ORDINANCE NO. 89- 86 AN ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 89-11 RELATING TO BEACH & WATER SAFETY AND VESSEL CONTROL; BY AMENDING SECTION SEVEN, REGULATION OF CONCESSION OPERATIONS, EQUIPMENT RENTALS AND VENDORS ON THE BEACH AND ADJOINING WATERS; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it is appropriate and in the best interests of the public, including residents of the public, including residents of and visitors to Collier Ceunty, Florida to amend Collier County Ordinance No. 89-11. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUN~.' COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: ~ SECTION ONE: AMENDMENT OF SECTION SEVEN, COLLIER COUNTY ORDINANCE NO. 89-11 Section Seven of Collier County Ordinance No. 89-11 hereby amended 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 Ceunty'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 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 wfth d~ree~-ae~ess-~o-~he-~eaeh in the immediate area where the vessels are being provided for public use with direct access on the beach. - I - Words underlined are added; words struck-through are deleted. (2) The applicant must have and maintain a telephone or and 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 shall provide a list describing and indicating the Florida vessel registration number of each motorized vessel applicant shall place in service. Any motorized vessel placed in service for public use after a Beach Vendor's Permit has 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 license for its operations office required under Section Seven of this Ordinance. To obtain an occupational license, the applicant must provide proof of having a B. (1) (2) current, valid Beach Vendor's Permit. Beach Vendor Permittee / Vessel User Regulations. The rental or operation of a motorized vessel subject to the provisions of Section Seven of this Ordinance is prohibited to anyone under sixteen (16) years of age except for those children between twelve (12) and sixteen (16) years of age who may operate such vessel provided that the' child's parent or an adult supervisor over the age of twenty-one (21) years operates another such vessel to accompany the child. It shall be a violation of this Ordinance for any person to rent, lease or otherwise provide for money or money's worth a motorized vehicle to anyone except as provided herein. The renter, 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 Ordinance for any such person(s) using such vessel not to have a life vest on board. 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 - 2 - Words underlined are added; words st=uek-~h=~u~h are deleted. Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such portion £hall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. 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. PASSED AND DULY ADOPTED by the Board of County Commissioners :. ATTEST: .~-, % · . ~. :.'J..AMES C. GI.r~ZS, Clerk ~. :.,.~'..:/ ,.,.~.~ ~ ~' Approved as to fo~ and legal sufficiency: Died C: Weigel - /~ ~sistant County Attorney BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA This ordlnonce filed wlth the underlined are added; words se=uek-ehreugh are deleted. STATE OF FLORIDA ) COUNTY OF COLLIER ) I, SAMES C. GILES, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a ~rue copy of: Ordinance ;~o. 89-86 which was adopted by the Board of County Commissioners on the 28th day of November, 1989, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this day of December, 1989. JAMES C. GILES · °' .'. ',. Clerk of Courts and-Clerk: Ex-off,cio to Board of County Commissioners : ~y: /s/Maureen Y.~nyon ,, i.'"' Deputy Clerk , "