Sec. 1-1. - How Code designated and cited.

The ordinances embraced in the following chapters and sections shall constitute and be designated as the "Code of Laws and Ordinances of Collier County, Florida," and may be so cited.

State law reference— Requirement that county codify and publish its ordinances, F.S. § 125.68.

Sec. 1-2. - Rules of construction and definitions.

In the construction of this Code, and of all ordinances, the rules and definitions set out in this section shall be observed, unless inconsistent with the manifest intent of the board of county commissioners. The rules of construction and definitions in this section do not apply to any section of this Code that contains any express provisions excluding their application, or where the subject matter or context of such section may be repugnant thereto.

Generally. All general provisions, terms, phrases and expressions contained in this Code shall be liberally construed in order that the true intent and meaning of the board of county commissioners may be fully carried out. Terms used in this Code, unless otherwise specifically provided, have the meanings prescribed by the statutes of the state for the same terms.

State law reference— Construction of statutes, F.S. ch. 1.

This Code is the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare. Where any provision of this Code imposes greater restrictions than another provision imposed by the Code, the provision imposing the greater restriction or regulation controls.

Board of county commissioners. "Board of county commissioners" or "board" means the board of county commissioners of Collier County, Florida.

Circuit court. "Circuit court" shall mean the circuit court of the 20th judicial circuit in and for Collier County, Florida.

Clerk of the circuit court or county clerk. "Clerk of the circuit court," "county clerk" or "clerk" means the clerk of the circuit court of the 20th judicial circuit in and for Collier County, Florida.

Code. "Code" means the Code of Laws and Ordinances of Collier County, Florida, as designated in section 1-1.

Computation of time. In computing any period of time prescribed or allowed by ordinance, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday, in which event the period shall run until the end of the next day which is not a Saturday, Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation.

Conjunctions. Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions or events connected by the conjunctions "and," "or" or "either…or," the conjunction shall be interpreted as follows:

(1)

"And" indicates that all the connected terms, conditions, provisions or events shall apply.

(2)

"Or" indicates that the connected items, conditions, provisions or events may apply singly or in any combination.

(3)

"Either…or" indicates that the connected items, conditions, provisions or events shall apply singly but not in combination.

County. "County" means Collier County, Florida.

County administrator. "County administrator" includes designees of the county administrator.

Delegation of authority. A provision requiring the head of a department or some other county officer or employee to do some act or perform some duty is to be construed to authorize the head of the department or other officer to designate, delegate and authorize subordinates to perform the required act or perform the duty.

F.A.C. "F.A.C." means the Florida Administrative Code.

F.S. "F.S." means the current edition of the Florida Statutes.

Gender. Words in one gender apply to the other gender.

Health department. "Health department" or "county health department" means the county public health unit organized pursuant to F.S. ch. 154, pt. 1 (F.S. § 154.001 et seq.).

Includes. "Includes" does not limit a term to the specified example, but its meaning is to be extended to all other instances or circumstances of like kind or character.

Joint authority. Words giving a joint authority to three or more persons or officers are to be construed as giving such authority to a majority of such persons or officers.

Keeper, proprietor. "Keeper" or "proprietor" includes any person, firm, association, corporation, club or copartnership, whether acting alone or through a servant, agent or employee.

May. "May" is to be construed as being permissive.

Month. "Month" means a calendar month.

Must. "Must" is to be construed as being mandatory.

Nontechnical and technical words. Words and phrases are to be construed according to the common and approved usage of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in law are to be construed and understood according to such meaning.

Number. Words used in the singular number include the plural. Words used in the plural number include the singular.

Oath. "Oath" includes an affirmation in all cases in which, by law, an affirmation may be substituted for an oath; and in such cases the words "swear" and "sworn" are equivalent to the words "affirm" and "affirmed."

Officer, official. Whenever reference is made to any officer or official, the reference shall be taken to be to such officer or official of Collier County, Florida.

Owner. "Owner," as applied to a building or land, shall include any part owner, joint owner, tenant in common, tenant in partnership, joint tenant or tenant by the entirety, of the whole or a part of such building or land.

Person. "Person" includes any individual, child, firm, association, joint venture, partnership, estate, trust, business trust, syndicate, fiduciary, corporation and all other groups and legal entities or combinations thereof.

State law reference— Similar provisions, F.S. § 1.01(3).

Property. "Property" includes real and personal property.

Property appraiser. "Property appraiser" means the Collier County Property Appraiser.

Shall. "Shall" is to be construed as being mandatory.

Sidewalk. "Sidewalk" means any portion of a street between the curbline and the adjacent property line intended for the use of pedestrians.

State. "State" means the State of Florida.

Street or road. "Street" or "road" includes any street, avenue, boulevard, road, alley, viaduct or other public highway in the county.

Tables, illustrations, etc. In case of any difference of meaning or implication between the text of this Code and any caption, illustration, summary table or illustrative table, the text controls.

Tax collector. "Tax collector" means the Collier County Tax Collector.

Tenant or occupant. "Tenant" or "occupant," as applied to a building or land, includes any person holding a written or oral lease of or who occupies the whole or part of such building or land, either alone or with others.

Used for. "Used for" includes the terms "arranged for," "designed for," "maintained for" or "occupied for."

Week. "Week" means seven days.

Written or in writing. "Written" or "in writing" include any representation of words, letters or figures, whether by printing or otherwise.

Year. "Year" means a calendar year.

Sec. 1-3. - Catchlines of sections; history notes, etc.; references to Code.

(a)

The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and are not titles of such sections, or of any part of the section, nor, unless expressly so provided, shall they be so deemed when any such section, including the catchline, is amended or reenacted.

(b)

The history or source notes appearing in parentheses after sections in this Code are not intended to have any legal effect but are merely intended to indicate the source of matter contained in the section. Cross references and state law references which appear after sections or subsections of this Code or which otherwise appear in footnote form are provided for the convenience of the user of this Code and have no legal effect.

(c)

All references to chapters, articles or sections are to chapters, articles and sections of this Code unless otherwise specified.

Sec. 1-4. - Effect of repeal of ordinances.

(a)

The repeal or amendment of an ordinance shall not revive any ordinance in force before or at the time the ordinance repealed or amended took effect.

(b)

The repeal or amendment of any ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal for an offense committed under the ordinance repealed or amended.

Sec. 1-5. - Jurisdiction.

Except as otherwise provided by law or ordinance, the provisions of this Code shall apply in both the unincorporated and incorporated areas of the county, provided that any provision of this Code in conflict with a municipal ordinance shall not be effective within such municipality to the extent of such conflict. The board of county commissioners shall not enforce a provision of this Code within the boundaries of a municipality unless the municipality passes a resolution requesting such action by majority vote of its governing body and repeals any inconsistent municipal ordinances. The board of county commissioners may accept or reject such request by the municipality. Either the municipality by its governing body or the board of county commissioners may withdraw the municipality from such enforcement by the same voting procedure.

State law reference— Conflicts between county and municipal ordinances, Fla. Const. art. VIII, § 1(f).

Sec. 1-6. - General penalty; continuing violations.

(a)

In this section, the phrase "violation of this Code" means any of the following:

(1)

Doing an act that is prohibited or made or declared unlawful, an offense or a misdemeanor by ordinance or by rule or regulation authorized by ordinance.

(2)

Failure to perform an act that is required to be performed by ordinance or by rule or regulation authorized by ordinance.

(3)

Failure to perform an act if the failure is declared a misdemeanor or an offense or unlawful by ordinance or by rule or regulation authorized by ordinance.

(b)

In this section, the phrase "violation of this Code" does not include the failure of a county officer or county employee to perform an official duty unless it is provided that failure to perform the duty is to be punished as provided in this section.

(c)

Except as otherwise provided, a person convicted of a violation of this Code shall be punished by a fine not exceeding $500.00, imprisonment in the county jail for a term not exceeding 60 days, or by both such fine and imprisonment. With respect to violations of this Code that are continuous with respect to time, each day the violation continues is a separate offense in the absence of provisions to the contrary.

(d)

The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise, the imposition of civil penalties or other administrative actions.

(e)

Violations of this Code may be abated by injunctive or other equitable or civil relief and no bond shall be required nor proof of intent or scienter. The imposition of a penalty does not prevent equitable relief.

Cross reference— Gain time for prisoners, § 78-27.

State law reference— Penalty for ordinance violations, F.S. § 125.69.

Sec. 1-7. - Severability of parts of Code.

It is declared to be the intent of the board of county commissioners that if any section, subsection, sentence, clause, phrase or portion of this Code or any ordinance is for any reason held or declared to be unconstitutional, inoperative or void, such holding or invalidity shall not affect the remaining portions of this Code or any ordinance. It shall be construed to have been the legislative intent to pass this Code or such ordinance without such unconstitutional, invalid or inoperative part therein, and the remainder of this Code or such ordinance after the exclusion of such part or parts shall be deemed and held to be valid as if such part or parts had not been included in this Code or ordinance. If this Code or any ordinance or any provision thereof is held inapplicable to any person, group of persons, property or kind of property, or circumstances or set of circumstances, such holding shall not affect the applicability hereof to any other person, property or circumstance.

Sec. 1-8. - Provisions as continuation of existing ordinances.

The provisions of this Code, insofar as they are substantially the same as legislation previously adopted by the county relating to the same subject matter, shall be construed as restatements and continuations thereof and not as new enactments.

Sec. 1-9. - Code does not affect prior offenses, rights, etc.

(a)

Nothing in this Code or the ordinance adopting this Code shall affect any offense or act committed or done, any penalty or forfeiture incurred, or any contract or right established or accruing before the effective date of this Code.

(b)

The adoption of this Code shall not be interpreted as authorizing any use or the continuance of any use of a structure or premises in violation of any ordinance of the county in effect on the date of adoption of this Code.

Sec. 1-10. - Certain ordinances not affected by Code.

(a)

Nothing in this Code or the ordinance adopting this Code, unless otherwise provided in this Code or such ordinance, shall affect any ordinance or portion of an ordinance:

(1)

Promising or guaranteeing the payment of money for the county, or authorizing the issuance of any bonds of the county or any evidence of the county's indebtedness, or any contract or obligation assumed by the county.

(2)

Granting any right or franchise or conveying any oil, gas or mineral rights.

(3)

Dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way.

(4)

Making any appropriation.

(5)

Granting ad valorem tax exemptions for specific property.

(6)

Establishing, amending, or constituting a land development code or pertaining to the comprehensive plan.

(7)

Levying or imposing taxes not codified in this Code.

(8)

Amending any local law, i.e., special act not in the Code.

(9)

Providing for local services or improvements and assessing taxes or other charges therefor.

(10)

Dedicating, accepting or vacating any plat or subdivision.

(11)

Rezoning specific property or establishing or amending a specific planned unit development.

(12)

Which is temporary, although general in effect.

(13)

Which is special, although permanent in effect.

(14)

The purpose of which has been accomplished.

(b)

The ordinances designated in subsection (a) of this section are recognized as continuing in full force and effect to the same extent as if set out at length in this Code.