Sec. 246-26. - Legislative intent.
Sec. 246-28. - Powers and duties; offenses.
Secs. 246-31—246-50. - Reserved.
Sec. 246-26. - Legislative intent.
It is the intent of the legislature to authorize the board of county commissioners of Collier County to designate employees of the Collier County department of parks and recreation as county park enforcement officers. It is declared as a matter of legislative intent that county park enforcement officers be empowered to issue citations to enforce any county ordinance duly enacted by the board of county commissioners to regulate acts within the county parks, and including, but not limited to, ordinances which regulate the use of county parks, public beaches, beach access areas adjacent to county parks, county operated parking facilities, and public areas immediately adjacent to county parks, to protect sea turtles and prohibit the operation of motor vehicles in, on, or across the beaches of Collier County in order to promote, protect, and enhance the health, safety, and welfare of the citizens of Collier County.
(Laws of Fla. ch. 89-449, § 1; Laws of Fla. ch. 97-347, § 1)
Any person designated by the board of county commissioners as a county park enforcement officer (park ranger) is hereby authorized to issue citations within the boundaries of any Collier County park, public beaches, beach access areas adjacent to county parks, county operated parking facilities, and public areas immediately adjacent to county parks for violations of any Collier County ordinances, duly enacted by the board of county commissioners to regulate acts within these areas, including, but not limited to, those ordinances which regulate the use of the parks and prohibit certain acts therein, provide for the nesting and protection of sea turtles and prohibit the operation of motor vehicles in, on, or across the beaches of Collier County within county parks, when such violation is witnessed by said officer.
(Laws of Fla. ch. 89-449, § 2; Laws of Fla. ch. 97-347, § 2)
Sec. 246-28. - Powers and duties; offenses.
(a)
The board of county commissioners of Collier County is hereby authorized to designate employees of the Collier County department of parks and recreation as county park enforcement officers (park rangers). It shall be the responsibility of said board to determine by resolution the training and qualifications of any employee so designated. Such designation and training requirements shall be by resolution adopted at any regular or special meeting of the board.
(b)
It shall be the duty of any person designated as a county park enforcement officer (park ranger) to issue citations for any offenses which occur within a county park boundary, public beaches, county operated parking facilities, and public areas immediately adjacent to county parks, and which are either prohibited by ordinance enacted by the Board of County Commissioners of Collier County or are specifically prohibited by this section. Except at such times and in such manner as then not prohibited by law and to the extent expressly authorized in advance and in writing by permit issued by the director of the department in strict adherence with policy rules of the department approved by resolution of the board of county commissioners, it shall be such an offense to:
(1)
Willfully mark, deface, disfigure, injure, tamper with, or displace or remove any building, bridge, table, bench, fireplace, railing, paving, or paving material, water line or other public utility or parts appurtenant thereof, signs, notices or placard whether temporary or permanent, monuments, stakes, posts, or other boundary markers or other structures or equipment, facilities, or any other county property or any appurtenances whatsoever, either real or personal.
(2)
Cut, break, mutilate, injure, disturb, sever from the ground or remove any growing thing, including, but not limited to, any plant, flower, flower bed, shrub, tree, growth or any branch, item, fruit or leaf thereof; or bring into or have in his possession in any county park any tool or instrument which could be used for the cutting thereof, or any garden or agricultural implements or tools which could be used for the removal thereof; or pile or maintain any material or debris of any kind against or upon the same or attach any rope, cable or other contrivance thereto; or set fire to any trees, shrubs, plants, flowers, grass, plant growth or living timber, or suffer any fire upon land to extend into park lands; or go upon any prohibited lawn, grass plot or planted area.
(3)
Throw, discharge, or otherwise place or cause to beplaced in the waters of any fountain, pond, lake, stream, bay, or other body of water in or adjacent to any county park or any tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing, liquid or solid, which will or may result in the pollution of said waters.
(4)
Carry, possess, or drink any alcoholic beverage in any park or in any park building or other park structure except at authorized for wedding receptions and other special events.
(5)
Enter or exit any park facility except at established entrance ways or exits, or at established times.
(6)
Attach any posters, signs, or advertisements to trees or any other tangible property except bulletin boards and other displays designed for such postings.
(7)
Cause or permit a dog or other domestic animal to enter any park facility except animal shows and other substantially similar special events.
(8)
Build fires except in specified areas in county parks on cooking grills provided therein, except bonfires directly related to special events.
(9)
Drive any unauthorized vehicle on any area within the park except the paved park roads or parking areas; or park any vehicle in other than an established or designated parking area; or park any unauthorized vehicle in the county park area overnight.
(10)
Ride a bicycle on other than a paved vehicular road or path designated for that purpose; leave a bicycle in a place other than a bicycle rack when such is provided, or leave a bicycle lying on the ground or paving, or any place or position so as to present any obstruction to pedestrian or vehicular traffic.
(11)
Violate any rule for the use of the park which has been posted on any park sign in a particular park pursuant to approval by the board of county commissioners including rules and regulations posted on the grounds or buildings in said parks.
(12)
Possess, carry, or transport any glass bottle or container out of doors in any county park.
(13)
Operate or cause to be operated a hand, animal, motor, or engine driven wheel, track or other vehicle or implement on, over or across any part of the sand dune, hill or ridge nearest the Gulf of Mexico, or the vegetation growing thereon or seaward thereof, or to operate or drive such a vehicle on the area seaward thereof, commonly referred to as the beach.
(14)
Injure, kill, molest, interfere or tamper with, destroy, collect, carry, transport, possess, or otherwise cause any physical harm to any living turtle, tortoise, shorebird, bird of prey, sand dollar, shellfish, sea star, or any nesting of any such living thing except to the extent expressly authorized by permit issued by the State of Florida or an agency thereof.
(Laws of Fla. ch. 89-449, § 3; Laws of Fla. ch. 97-347, § 3; Laws of Fla. ch. 98-483, § 1; Laws of Fla. ch. 99-487, § 1)
A citation issued by a county park enforcement officer (park ranger) under the provisions of this Act shall be in a form prescribed by the board of county commissioners. Such citations shall state the date and time of issuance, name and address of the person in violation, the date of the violation, description of the violation, the Collier County Ordinance and section violated, name of the citing county park enforcement officer (park ranger), and a date and time at which the violator shall appear before the Collier County Code Enforcement Special Master. The violator may elect a nonmandatory appearance and pay the fine as prescribed by county ordinance.
(Laws of Fla. ch. 89-449, § 4; Laws of Fla. ch. 97-347, § 4; Laws of Fla. ch. 2006-337, § 1)
Nothing herein contained shall be construed to authorize or permit any person designated as a county park enforcement officer (park ranger) pursuant to this article to perform any function or duties of a law enforcement officer other than as specified herein. County park enforcement officers (park rangers) designated pursuant to this article shall not make physical arrests or take any person into custody and shall be exempt from the requirements relating to the state high-hazard retirement program and police standards and training commission as defined by F.S. §§ 122.34 and 943.11—943.25.
(Laws of Fla. ch. 89-449, § 5)
FOOTNOTE(S):
(221) State Law reference— General authority to provide for parks and recreational facilities and programs, F.S. § 125.01(1)(f). (Back)