Ordinance 2011-16
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~~? i ORDINANCE NO. 2011---1.Q.
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A ORDINANCE OF THE BOARD OF COU~
<_~ OMMISSIONERS OF COLLIER COUNTY, FLORI~
G [' L 9<:',:/ AMENDING ORDINANCE NO. 76-48, AS AMENDED, WHI~
.... . REGULATES THE USE OF COUNTY PARKS, PRESCRI~S;'
HOURS OF OPENING AND CLOSING, AND PROHIBITS CERT~,
ACTS THEREIN, BY ELIMINATING THE PROHIBITI~,
AGAINST THE POSSESSION, TRANSPORT, OR DISCHARGE ~.
A FIREARM AS SUCH REGULATION HAS BEEN PREEMPT~
BY FLORIDA ST A TUTES; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LA WS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
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WHEREAS, on October 26, 1976, the Board of County Commissioners (Board)
adopted Ordinance No. 76-48 to regulate the use of County Parks so as to protect the health,
welfare and safety of persons using the parks, and the general welfare of residents of
surrounding areas of the County; and
WHEREAS, the Board later amended Ordinance No. 76-48 through adoption of
Ordinance No. 81-03, which added a prohibition on the possession, carrying, transporting, or
discharging of a firearm within County park boundaries with the exception of a duly authorized
law enforcement officers in the lawful performance of their duties; and
WHEREAS, the subsequent adoption of Section 790.33(1), Florida Statutes, by the
Florida Legislature preempted all existing and future county, city, town or municipal
ordinances or regulations relating to firearms and ammunition, thus rendering the above
prohibition of Ordinance No. 76-48, as amended, unenforceable; and
WHEREAS, the Board desires to remove this unenforceable provision of Ordinance
No. 76-48, as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE: AMENDMENT TO SECTION THREE (1) ORDINANCE NO. 76-48,
AS AMENDED.
Section Three (1) is hereby amended as follows:
Words Underlined are added; Words Stmek ThroHgh are deleted.
Page lof3
SECTION THREE: Prohibited Acts.
(1) No person shall within County park boundaries:
A. Disobey the lawful and reasonable order of a police officer or county park
employee in the discharge of his duties or disobey or disregard the notices, prohibitions,
instructions or directions on any park sign, including rules and regulation posted on the
ground or buildings in said parks.
* * * * * *
S. Possess, carry and/or transport on or about their person or discharge any
firearms, as defined in Chapter 790.001(6), Florida Statutes, excluding duly authorized
law enf{)fcement officers in tHe lawfwl perf-ormancc of their duties.
+,S,. Possess, carry and/or transport on or about their person any glass container in
any beach access area.
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 Ordinance is
held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be
deemed a separate, distinct and independent provision and such holding shall not affect the
validity of the remaining portion.
SECTION THREE: 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 Ordinances may be
renumbered or relettered to accomplish such, and the word "ordinance" may be changed to
"section," "article," or any other appropriate word.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall be effective upon filing with the Department of State.
Words Underlined are added; Words Struck Through are deleted.
Page 2 of3
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this ~day Of~, 2011.
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~:."'DWIGHT'~-13ROCK, CLERK
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BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
7-uJ.W. ~
By:
FRED W. COYLE, CHAI
Words Underlined are added; Words Struck ThroHgh are deleted.
Page3of3
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 2011-16
Which was adopted by the Board of County Commissioners
on the 10th day of May, 2011, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 12th
day of May, 2011.
DWIGHT E. BROCK
Clerk of Courts and Clerk
Ex-officio to Board ot .i~
County commission~,~~:(:"..'.'~"" "-.,:
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~res\ Polaski',,', .... ~,,'. :~~~..'.
Deputy Clerk -' ,), 1 ' '~,,,;-,.'