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Ordinance 2010-29 '\S '\I~ 1516lf~ ",'\1.- 7<:9;; '" ~ .9 O)~ (~~~ \) ~% ,:::?~? ,,(\ ~ ~~:S'; <~\)'" ~ ':''', v~ ~" ~<). '~~ ~RDINANCE OF T:::~~E ~O~:~:~: COMMISSIONE~'~;"~~~~ 1;~O ~E6ZSt,o; LLIER COUNTY, FLORIDA, ESTABLISIDNG REGULATIONS><:< - RELATING TO PUBLIC PARKS AND BEACH ACCESS PARKING AREAS ';,/ ..,'-/., ~~:J BY PROVIDING FOR A TITLE; PROVIDING FOR A STATEMENT OF (.;>;;?~. v. PURPOSE AND INTENT; PROVIDING FOR APPLICABILITY; -Y PROVIDING FOR LIMIT A TIONS ON PUBLIC PARKS AND BEACH ACCESS PARKING AND IMPLEMENTATION OF THIS ORDINANCE BY COUNTY RESOLUTION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 125, Florida Statutes, establishes the right and power of counties to provide for the health, welfare and safety of existing and future residents of the county by enacting and enforcing regulations concerning the use of property necessary for the protection and benefit of the public; and WHEREAS, Collier County currently provides parking lots and garages for public parks and beach access intended to benefit those members of the public seeking recreation; and WHEREAS, contrary to the intended public benefit of these public park and beach access parking facilities, certain public parking garages and lots are being used for commercial overflow parking and private uses; and WHEREAS, the Board of County Commissioners desires to adopt regulations relating to public parks and beach access parking facilities in order to preserve their intended benefit, which is to provide adequate public park and beach access parking for Collier County citizens and visitors. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: SECTION ONE: Title. This Ordinance shall be known and may be cited as the "Collier County Public Parks and Beach Access Parking Ordinance." Page 1 of 4 SECTION TWO: Purpose and Intent. The purpose of this Ordinance is to provide, maintain and ensure the availability of parking for those members of the public who seek access to Collier County public parks and beaches. SECTION THREE: Applicability. This Ordinance shall apply to, and be enforced in, all unincorporated areas of Collier County, Florida. SECTION FOUR: Public Parks and Beach Access Parking. Public Parks and Beach Access Parking is to be utilized solely for the purpose of accessing public parks and beaches. It shall be a violation of this Ordinance for anyone to park in an area designated as "Public Park Parking" or "Public Beach Access Parking" who is not utilizing a public park or beach during the hours from dawn to dusk. SECTION FIVE: Designation of Public Parks and Beach Access Parking by Resolution. A. The County Manager, or his designee, shall investigate and make recommendations to the Board of County Commissioners concerning which areas to designate as Public Park Parking or Public Beach Access Parking. Recommendations shall be in accordance with the terms of this Ordinance in an effort to protect the public's ability to access the public parks and beaches of Collier County as well as to aid in the implementation of the conditions set forth in this Ordinance. B. Upon the advice of the County Manager or his designee, the Board of County Commissioners may, by Resolution, designate certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking. C. Upon the Board of County Commissioners enacting a Resolution designating certain areas owned or leased by the County as Public Park Parking or Public Beach Access Parking, such parking facilities, parking lots or portions thereof so designated shall be posted Page 2 of 4 specifying the restrictions or prohibitions, as enacted by the Board of County Commissioners. D. The presence of a beach parking permit upon a vehicle shall not be considered as evidence of intent to go to the beach. SECTION SIX: Penalty for Violations. Pursuant to Section 318.14, Florida Statutes, any person cited for a violation of this Ordinance shall be deemed to be charged with a noncriminal violation and shall be assessed a civil penalty of thirty dollars ($30.00). The distribution of fines and provisions for late payment penalties shall be in accordance with Section 130-46, as it may be amended, of the Collier County Code of Laws and Ordinances. SECTION SEVEN: 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 court of competent jurisdiction holds any phrase or portion of this Ordinance invalid or unconstitutional, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION EIGHT: Inclusion in 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 re- lettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or any other appropriate word. SECTION NINE: Effective Date. This Ordinance shall become effective upon filing with the Department of State. Page 3 of4 PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this 27th day of July, 2010. By: ,.' ' ., _ '...... ,,"', At....: ' , '~.. ft"",. .:/ , "::J'il ' '. ..... , ,,';,;J Apprc)v,ed'tis to fonh and 1 'ill s iency: ',,,,~- BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: ~..LW. ~ FRED W. COYLE, CHAIRMAN ATTEST: DWIGHT E" B~OCK, CLERK . 1 . ~ . I ;~:J '.,..... "\ ,.' " , ~ ,,' " Page 4 of 4 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 and correct copy of: ORDINANCE 2010-29 Which was adopted by the Board of County Commissioners on the 27th day of July, 2010, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 30th day of July, 2010. '1':' . DWIGHT E. BROCK Clerk of .courts '~nr; Gt1~~k ,'. . "" (". ,'J"" " r... r ~" Ex-officio" to'~:Q).ar(r'o'f' County Commi s-S.ibJ;;fe'i7s'; , ~ .':~ ;,' . l .... " . -' "..... :~, 'o' ,\~ . , . , t;,- '<:, CLW^ !:!'. .~':,. '.. ,3;~ .<i" I ,I' ~~ t '" '- \' '. ~ "" , " ., ~ . ~ ~ . . By: Ann Jennej ohr:r, Deputy Clerk