Ordinance 79-008ORDINANCE NO. 79- R
AN ORDINANCE REGULATING THE MANNER OF OPERATYON
AND SPEED OF VESSELS IN TIlE UNINCORPORATED AREAS
OF COLLIER COUNTY; PROVIDING FOR DEFINITIONS;
A PROCEDURE TO DESIGNATE "NO WAKE-IDLE SPEED
AREAS": EXEMPTIONS; CONFLICT AND SEVERANCE;
PENALTY AND EFFECTIVE DATE.
NOW THEREFORE BE IT ORDAINED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY.
SECTION 1. This Ordinance shall ~e kno~rn an~ ~a~ be ~ted
as the Collier County Vessel Control Ordinanoe
SECTION 2. Definitions.
For the purposes of th~s Ordinance the f~l/~ing~,terms,
phrases, words, and derivations shall ha~e tl~ meaning given
herein, l.~en not inconsistent with the context, words used
in the present tense include the' future, words in the plural
number include the singular number, and the words in the
singular number include the plural number. The word "shall"
is always mandatory and not merely directory.
(1) Vessel is synonomous with boat and means a motor
or artificially propelled vehicle and every other description
of watercraft, barges, and airboats, other than a seaplane
on the water, .used or capable of being used as a means of
transportation on water.
(2) Person means any individual, partnership, firm,
corporation, association or other entity.
(3) Operate means to navigate or otherwise use a boat
or a vessel.
(4) Idle speed means the lowest speed at which a boat
or watercraft can operate and maintain steering control.
SECTION 3. Area of Enforcement. o
The area of enforcement of the provisions of t~s LO ~' -
Ordinance shall be all waters, creeks, bayous, cana~ and~ I-FI
channels whether natural or man-made, located withi~ the_~
unincorporated areas of Collier County.
SECTION 4. Careful and Prudent Operation Required.
Every person operating or navigating any vessel in, on
009 I1'
or under any waters within the unincorporated areas of
Collier Co~]nty shall do so in a careful and prudent manner,
taking into consideration the weather conditions and range
of visibility, water turbul'ence, proximities to bathers,
water skiers and other boats and watercraft and all other
attendant circumstances so as not endanger the life, limb or
property of any Ferson. Failure to operate a boat in such a
careful and prudent manner shall constitute careless boating
and a violation of this Ordinance.
SECTION 5. Speed Limit in Certain Areas.
No person shall operate a vessel of any kind which is
propelled by a motor or cngine in any area designated as an
official "NO WAKE-IDLE SPEED ONLY" area and so posted at
greater than idle speed.
SECTION 6. ~peed Not To Be Greater Than What Is Reasonable
Under the Conditions.
Nothing contained in this Ordinance shall be construed
to authorize or approve any speed greater than is reasonable
and proper in consideration of local conditions, other water
traffic, persons swimming or fishing in the area, or other
hazards.
SECTION 7. pesignation of "NO WAKE-IDLE SPEED ONLY"
The Board of County Commissioners of Collier County
mays by resolution, adopt at a public hearing upon at least
fifteen (15) days notice of such hearing published in a
newspaper of general circulation in Collier County, Florida,
designate areas as'"NO WAKE-IDLE SPEED ONLY" areas under the
provisions of SECTION 5 of this Ordinance. In designating
such areas, the Cemmission shall hear all testimony presented
and make a finding that the designation is necessary for the
safety and/or welfare of the citizens of the County. Upon
the adoption of such a resolution, the Board of County
Commissioners shall publish the resolution one time in a
newspaper of general circulation in Collier County, Florida
after which the designation of thc area shall be complete
and binding. Provided, however, no person shall be convicted
of a violation of this Ordinance relating to such areas
until signs designating the boundaries of the area by stating
"NO WAKE-IDLE SPEED ONLY" have been posted after approval by
all appropriate regulatory agencies.
SECTION 8. Exemp{ions.
(a) The provisions, of this Ordinance shall not be
construed to prohibit the running of racing or exhibition
boats, during a publicly announced, properly authorized and
supervised and adequately patrolled regatta or speed trial
or exhibition.
(b) Patrol and rescue craft and craft operati~g under
emergency conditions shall be exempted from the provisions
of this Ordinance while performing their duties.
SECTION 9. Conflict and Severance.
In the event this Ordinance conflict with any other
ordinance of Collier County, or any municipality therein, or
other applicable law, the more r~trictive shall apply. If
any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconsti-
tutional by any court of competent jurisdiction, such portion
shall be deemed a separate, distinct and independent provision
and such holding shall not effect the validity of the remainder
of the Ordinance.
SECTION 10. Penalty.
Violation of the provisions of this Ordinance, or
failure to comply with any of the requirements, shall consti-
tute a misdemeanor. Any person who violates this Ordinance
or fails to comply with any provisions shall upon conviction
thereof be fined or imprisoned, or both, as provided by law,
and in addition, shall pay all costs and expenses involved
in the case. Each day sach violation continues shall be
considered a separate offense.
SECTION 11. Effective Date.
This Ordinance shall become effective upon receipt of
notice that it is filed with the Secretary of State.
STATE OF FloOR_IDA )
CCYJ~IY OF COLLIER )
I, P~LLIAM J. RFAGAN, Clerk of Courts in and for the ~,~-ntieth
Judicial Circ~ait, Collier County, Florida, do herekm~, certify that
the foregoing is a true origirknl of:
ORDINANCE NO. 79-8
which was adopted by the Board of County Ccrmtissioners during .Regular
Session Febn~ry 13, 1979.
WITNESS my hand and the officL~l seal of the Poard of County
Co~missioners of Oollier County, Florida, this 13th clay of February, 1979.
T'.!ILkT3%M J. REAC4LN
Clerk of Courts and Clerk
Ex-officio to Poard of
County ' C~missioners
This ordinance filed with the Secretary of State's Office the
16th day of February, 1979 and acknowledgement of that filing
received this 20th day of February, 1979.
Deputy~l erk