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Ordinance 74-31ORDINANCE NO. _74-31 .AN ORDINANCE AMENDING ORDINANCE NUMBER 72-5, SECTION 30-1 OF THE COLLIER COUNTY CODE, TO PROHIBIT THE OPERATION OF ANY }LAND, ANIMAL, MOTOR OR ENGINE DRIVEN, POWERED OR PULLED VEHICLE ON, IN OVER OR ACROSS ANY GULF BEACH, SAND DUNE OR GULF SHORE VEGETATED AREA OF COLLIER COUNTY, PROVIDING DEFINITIONS, EXCEP- TIONS, PENALTY, SEVERANCE, CONSTRUCTION CLAUSES AND AN EFFECTIVE DATE. WHEREAS, the operation of vehicles upon beaches and sand dunes is a hazard to safety and inconsistent with and destructive of the value and use of beaches and sand dunes. WHEREAS, the Collier County Gulf Coast's highest and best use is as a source of public and private recreation and one of the areas most important and valuable assets and resources of critical concern for the future development of the County, and WHEREAS, the recreational use, aesthetic value, and protection of land provided by the delicately balanced beaches and dunes is a primary resource of important economic, recreational and aesthetic value to the visitors, citizens and landowners to and of Collier County, and WHEREAS, sand dunes inhibit adverse beach erosion, stabilize a'nd nourish gulf beaches and are highly susceptible to degradation and destruction, and improper development will cause such degradation and destruction causing deterioration of this valuable resource and irreversible economic, recreational and aesthetic loss to landowners, citizens, and visitors, and WHEREAS, the value of this resource, if not degraded, shall continue to increase, and NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COmmISSIONERS OF COLLIER COUNTY, FLORIDA that Ordinance Number 72-5 be and is hereby amended and the Collier County Code Section 30-1 revised to read as follows: "Sec. 30-1. Unlawful to Drive on Sand Dune or Beach o: Disturb Sand Dune. ~ It shall be unlawful for any person, association, firm~oz~r -~=- tion or institution; a. To operate or cause to be operated a hand, animal, or engine driven wheel, track, or other vehicle or impleme~n~over or across any part of the sand dune, hill or ridge nearest~ ~lf, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, co--only referred to as "the beach" within Collier County, Florida, or b. To alter or cause to be altered any sand dune or the vegetation growing thereon or seaward thereof; make any excavation, remove any materia~ trees, grass or other vegetation or otherwise alter existing ground ele- vations or condition of such dune without first securing a. permit as pro- vided for in this Ordinance. c. Definitions= (1) The term vehicle, for the purposes of this Ordinance, shall include but not be limited to any truck, bulldozer, tractor, automobile, motorcycle, dune or swamp buggy, motor bike, go- cart, pan, or trailer of any type, horse'drawn cart or wagon, travel 6r camping trailer, coach or mobile home. (2) For the purpose of this .Ordinance a "sand dune" is the mound or dune of sand typically formed' along and landward of the fine of highest gulf wave action and where such line is clearly.defined and undisturbed typically forms the vegetation line. In any area where there is no clearly marked vegetation line it is considered to he the average of the lines of vegetation on each side of the area to he establish a line of constant elevation reached by the highest waves. Such line shall not be affected by occasional sprigs of grass seaward of the dune or artificial fill, turf or other artificial changes in the natural vegetation or elevation. d. Exceptions; Certificate; Permit for Construction: 1) Sheriff, City, State and Federal Police and Game and Fish Commission vehicles operated or authorized by officers of these departments operating under orders in the normal course of their duties' shall be exempt from the provisions of this Ordinance. 2) Vehicles which must travel on the beaches in connection with maintenance, conservation and/or environmental work shall be exempt if an exemption certificate has been obtained from the Board Of County Commissioners of Collier County, Florida, and said exemption certificate is prominently displayed on the windshield of such vehicle. The procedure for obtaining such an exemption certificate shall be by application to the Commission in writing stating the reason or reasons. why it is necessary for such vehicle or vehicles' to be operated on the beaches in connection with a maintenance, conservation and/or environmental purpose, and exemption c~rtificate for such vehicle or vehicles shall be issued by the Board of County Commissioners if the Board is satisfied that a lawful and proper maintenance, conservation and/or environmental purpose will be served thereby. 3) Baby buggies (perambulators), toy vehicles, toy wagons, and wheelchairs or similar device, to aid disabled or non-ambulatory persons. ~ e. Prior to be~tnnin~ construction in proximity to a sand dune for any purpose whatsoever, including Conservation, a temporary protective fence shall be installed a minimum of ten (10) feet landward of the dune. It shall be unlawful to cause or allow construction and related activity seaward of such fence. Each permit for such work shall clearly indicate the provisions of this Ordinance and the protective measures to be taken. SECTION ONE: 1. Penalties. Any person violating any provision of this Ordinance shall be guilty of a misdemeanor subject to punishment as provided by law. If such a violation is continuing, each day's violation or separate act shall be a separate offense. 2. Severability: If any section, subparagraph, sentence, clause or portion of this Ordinance is for any reason held invalid or uncon- stitutional by any court of competent jurisdiction, such portion shall be deemed separate' and such holding shall not affect the validit~ of the remaining portion. 3. Construction: The provisions of this Ordinance shall be deemed an exercise of the police power of Collier County for the protection of th% public health, safety and welfare and therefore shall be liberally construed to accomplish that purpose and implement the legislative intent and declaration. 4. Effective Date: upon becoming law. ATTEST: MARGARET T. SCOTT Clerk of Circuit Court Deputy Clerk This Ordinance shall become eeffectiva BOARD OF COUNTY COMMISSIONERS COLLIER CO~TY, FLORIDA 'Approved as'to form and lega%ity~ Collier County Attorney