Loading...
Ordinance 82-003ORDINANCE NO. 82- 3 AN ORDINANCE SUPERSEDING ANO REPEALING ORDINANCE 74-9; PROHIBITING POSSESSION, SALE, IMPORTATION OR RELEASE INTO ANY WATERS OF COLLIER COUNTY CERTAIN EXOTIC OR IMPORTED FISH; PROVIDING FOR THE INTRODUCTION OF CERTAIN FISH UNDER PERMIT FROM THE STATE GAME AND FRESHWATER FISH COMMISSION; PROVIDING PENALTIES, SEVERABILITIES, CONFLICTS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the waters of Collier County are a valuable recreational asset, and WHEREAS, the Board of County Commissioners of Collier County has determined that the release of certain foreign and exotic fish into the waters of Collier County create the ~isk of an ecological disaster which remains great in the absence of suitable research findings. NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA as follows: Section One: The possession, sale, importation or release into any waters of Collier County of any of the following fish is prohibited: 1. White Amur or Grass Carp (Ctenopharyngodon idella) 2. Walking Catfish - Any member of the Clariidae family (Clarias, Heterophneustes, Gymnallables, Channallables or Heterobra,..-hus genera} 3. Piranha (Sersalmus, Rooseveltilla and Py.~pcent~s .--- genera) 4 Tilapia (Tilapia) Section Two: The Florida State Game and Fresh Water Fish CommiSsion has recommended as a safe and useful aquatic plant management tool the use of the Triploid Hybrid of the White Amur in enclosed bodies of water, and said Commission issues permits for individual bodies of water which ar~ subject to rules and regulations controlling the distribution, quantity, and site for the Triploid Hybrid of the White Amur. Accordingly, the prohibitions contained in Section One shall not apply to the introduction of the Triploid Hybrid of the White Amur where such activities are conducted in accordance with the terms of a validly issued and valid permit from said Commission. Section Three: 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 ~nd independent provision and such holding shall not affect the validity of the remaining portion hereof. In the event this Ordinance confl~,ct~it~lthj~ther applicable law, the more restrictive shall apply..~,,a~J:~ of thi. Ordinance conflicts with any part, it sh'A%l'~e ~ev~ed and the remainder shall have full force and effect and be liberally construed. Section Fours A violation of any provision of this Ordinance shall be prosecuted in accordance with general law in the namo of the State in the County Court by the Prosecuting Attorney, and upon conviction shall be punished by a fine not to exceed $500.00 or by imprisonment in the County Jail not to exceed 60 days, or by both such fine and imprisonment. Each violation and each day a violation continues shall constitute a separate offense. The Board of County Commissioners shall have the power to collaterally enforce the provisions of this Ordinance by appropriate Judicial Writ or proceeding notwithstanding any prosecution as a misdemeanor. Section Fivez This Ordinance shall repeal and supersede Ordinance 74-9, and shall amend those sections of the Collier County Code which contain Ordinance 74-9. Section Six: This Ordinance shall take effect as provided by law. PASSED AND DULY ADOPTED BY TFE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, on this ~t~day of BOARD OF COUNTY COMMISSIONERS Chairman Approved as to form and su~ficiency~...,-'). uonald A.-P-i'ckworth Collier County Attorney This ordinance filed with the Secretary of State's Office the 19th day of January, 1982 and acknowledgement of that filing received this 22nd day of January, 1982. Deputy Clerk 8~^T~ OF FLORIDA CCIJN1T OF COLLI~ } I, WILLIAM J. BBAGAN, Clerk of Courts in ~nd £or tho T~ontieth J~di~i~l Circuit, Collier County, Florida, do hereby certify that tile foregoing is a true original of: ORDIFAMCK NO, 82-3' ~tch ~as adopted by the Board of Count), Co~ssioners during P~ul~r Sessio~/ January 12, 1982, . ~ITNBSSmyhand and the official seal of' the Board Of County Commissioners of Collier County, Florida, this January, 19~2. . 13th day of SfILLIA%! J. REAC~N ' Clerk of Courts and Clerk E~-officto to ~ard of ~ty ~issione~?,%%~ll~//~ . ,. " . . : :'::, . ~ ~ ,.;~, ...'.C · p,/. .... '.:,..... ,