Ordinance 80-024 ORDINANCE NO. 80- 24
A~ ORDINANCE REPEALING COLLIER COUNTY ORDINANCES
NOS~ n79-102 AI~D 80-6 IN THEIR ENTIRETY; PKOHIbI-
TtNd :.~HE DISCHARGE OF FIREARMS AND Ht~TING WITH
F~q{EA~MS IN PLATTED SUBDIVISIONS IN COLL'.ER COUNTY
EXCEPT THAT PORTION OF GOLDEN GATE ESTATES LYING
SOUTH OF STATE ROAD 84; PROVIDING DEFINITIONS;
PROVIDING EXCEPTIONS; PROVIDING PENALTY AND
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, concern has been expressed by residents of
Collier County as to the discharging of firearms and the use
of firearms by hunters within platted subdivisions in Collier
County and in the vicinity of residences and dwellings
within Collier County, and
~{EREAS, the discharge of firearms and use of firearms
by hunters within platted subdivisions in Collier County,
and in the vicinity of residences and dwellings in Collier
County poses a danger and threat to the lives, safety, well-
being and welfare of the resident3 of Collier County, and
~]EREAS, this conduct and activity constitutes a publ~
emergency threatening the health, welfare and safety
citizens and residents of Collier County;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF coUNTY's,
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
Section 1. Collier County Ordinances Nos. 79-102 and 80-6
are hereby repealed in their entirety.
,.Section 2. Definitions.
1. Firearm: Any weapon or device as defined and des-
cribed in §790.001(6), Florida
2. Plat: Means a map depicting the division or sub-
division into lots, blocks, parcels, tracts, or other por-
tions thereof, however, the same ~ay be designated, prepared
in accordance with the provisions of Subdivision Regulations
of Collier County and those of an7 applicable law and/or
local ordinance, which may be recorded pursuant to General
Law in the Official Records of Collier County.
3. Subdivision: Means the division of a parcel of
land, whether improved or unimproved, into three or more
contiguous lots or parcels of land, designated by reference
to the number or symbol of the lot or parcel contained in
the plat of such subdivision, for the purpose, whether immediate
or future, or transfer of ownership or, if the creation of any
street, easement or right-of-way is involved, any division of
such parcel. The term includes a re-subdivision and when appro-
priate to the text relates to the process of subdividinE or to
the land subdivided.
4. Platted Subdivision: A subdivision for which a plat has
been approved by the Board of County Commissioners of Collier
County pursuant to Collinr County Ordinance No. 76-6 and Chapter
177, Florida Statutes.
5. Hunting: Means taking, attempting to take, pursuing,
molesting, capturing, or killing any wildlife or domestic animals
or fresh water fish or their nests or eggs through the use of
firearms.
Section 3. Unlawful Activity. It shall be unlawful for any
person to discharge any firearm as herein defined or to engage in
hunt,n§ with a firearm, in or into any platted subdivision in
Collier County, except for that portion of Golden Gate Estates
which lies South of State Road 84 (Alligator Alley).
Section 4. Exceptions: The foregoing prohibitions shall not
'apply to the following:
A. Any person lawfully defending life.or property.
B. Any person performing official duties requiring
the discharge of firearms.
C. Any individual or person discharging any fire
arms on an approved and licensed shooting range.
Section 5. Penalty: Any person violating this Ordinance shall
be punished as provided by law.
Section 6. Severability: The provisions of this Ordinance are
severable and it is the intention to confer the whole or any part
of the powers herWin provided for and if any of the provisions of
th~s Ordinance shall be held unconstitutional by any court of
011 50
competent Jurisdiction, the decision of such court shall not
affect or impair any of the remaining provisions of this Ordinance.
It is hereby declared to be the legislative intent that this
Ordinance would have been adopted had such unconstitutional
provision not been included therein.
Section 7. Effective Date: This Ordinance shall become effective
immediately upon adoption and filing as provided by law.
PASSED AND DULY ADOPTED this 12th day of February, 1980.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
County Attorney
STAT~ OF FLORIIlq )
COUNTY OF COLLIER )
I, WILLIAXl J. RFACAN, Clerk of Courts in and for the Twentieth Judicial
Circuit, Collier County, Florida, do hereby certify that ~he foregoing is a
true original of:
ORDINANCE .ND. 80-24
which was adopted by the Board of County Co,missioners during Regular
S~ssion February 12, 1980,
WITNESS my hand and tho official seal of the ~oard of County Corn-
''missioners of Collier County, Florida, this llth day of February, 1980.
I~ILLL%! J. RFAC~N
Clerk of Courts and Clerk ,' ;i ....
Ex-officio to Board of ,;,,~ .,,..
CountT' Con~issioners "'
This ordinance filed with the ~cretary o~ State's O£fice the 19th day 6f
February, 1980 and acknowledgement of that f. iling received this 22nd day
of February, 1980.
'Deputy Clerk -