Sec. 146-31. - Title and citation.
Sec. 146-34. - Intent and purpose.
Sec. 146-37. - Regulation of use and conduct on the beach.
Sec. 146-38. - Vessel regulation.
Secs. 146-40—146-50. - Reserved.
Sec. 146-31. - Title and citation.
This division shall be known and be cited as the "Collier County Beach and Water Safety and Vessel Control Ordinance."
(Ord. No. 89-11, § 2)
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Aircraft means any motor vehicle or contrivance now known or hereinafter invented, which is used or designed for navigation of or flight in the air, except a parachute or other contrivance designed for such navigation but used primarily as safety equipment. The term "aircraft" shall include ultralight aircraft and seaplanes.
A-weighted scale or sound level means the sound pressure level in decibels as measured on a sound level meter using the A-weighted network. The level so read is designated dBA.
Bather means any person who is in the same water as a vessel, whether said person is swimming, wading or engaged in any other activity in the water.
Bathing area means any area of the beach and adjoining waters in which bathers are located or may be located, whether or not designated by signs or other form of notification.
Beach means the soft sand portion of land lying seaward of a seawall or line of permanent vegetation and seaward of the mean high water line.
Bloodbaiting means the use of blood or bloody fish parts to attract sharks.
Camping means the erection of shelter or similar structures for the purpose of sleeping or lying upon the beach either under or outside of any shelter, vehicle, bedroll, blanket, or other protective garb.
Chumming means the throwing of bait or fish parts into the water to attract fish.
County means the unincorporated area of Collier County, Florida.
Decibel (dBA) means a unit for describing the amplitude of sound, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, which is 20 micronewtons per square meter.
Gulf means the Gulf of Mexico.
Idle speed means the lowest speed at which a vessel or sailcraft can operate and maintain steering control.
Jet ski means any personal watercraft designed exclusively for the riding enjoyment of one or two persons, being propelled by propellers or by a jet pump with a fully enclosed impeller and not weighing over 350 pounds or having a length greater than ten feet. The term jet ski for purposes of this division shall include "sea sleds," "dolphin boats," "wave runners," or other such product name meeting the description herein provided.
License or licensed means a county occupational license or having such license.
Operate or operation means to navigate or otherwise use any aircraft or vessel in or on the water.
Permit means a beach vendor's permit issued by the county.
Rafts, floats, and flotation devices means any device, whether of canvas, vinyl, rubber, styrofoam or other substance, intended or capable of assisting in the flotation of a person on or in the water of the Gulf of Mexico. The term shall not include vessels or sailcraft, but shall include body boards unless the context clearly indicates otherwise.
Sailcraft means a wind-propelled vehicle used or capable of being used as a means of transportation on or in the water, including sailboats, sailboards and windsurfboards.
Seaplane means any aircraft that is capable of landing and/or lifting off from a water surface.
Solicit or canvass means any act, delivery, or exchange not initiated by the prospective customer or which directs attention to any business, mercantile or commercial establishment, or any other commercial activity, for the purpose of directly or indirectly promoting commercial interests through sales, rentals, or any exchange of value.
Surfing means the riding or paddling of a surfboard within the waters of the Gulf of Mexico abutting or adjacent to the beach.
Ultralight aircraft or ultralight means any heavier-than-air, motorized aircraft which meets the criteria for maximum weight, fuel capacity and airspeed established for such aircraft by the Federal Aviation Administration under part 103 of the Federal Aviation Regulations.
Vessel means a motor propelled or artificially propelled vehicle and every other description of boat, watercraft, barge, and airboat other than a seaplane on the water, used or capable of being used as a means of transportation on or in the water, including jet skis.
(Ord. No. 89-11, § 4)
Cross reference— Definitions generally, § 1-2.
Any owner, operator, or person in command of any vessel or aircraft or any other person who violates the provisions of this division or fails to comply with the requirements of this division shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined or imprisoned, or both, as provided by law, and in addition shall pay all costs and expenses incurred in the prosecution of such violation. In addition, and as an alternative means of enforcement, the county may enforce the provisions or requirements of this division by means of any available civil remedy before the appropriate code enforcement board or in a court of competent jurisdiction.
(Ord. No. 89-11, § 8)
State law reference— Penalty for ordinance violations, F.S. § 125.69.
Sec. 146-34. - Intent and purpose.
It is the intent and purpose of this division to protect and promote the health, safety and welfare of the public at large, including residents and visitors to the county by providing reasonable regulation of the public's use and conduct on the beach and adjoining waters of the county, including the designation of specific areas within which the operation of aircraft and vessels may be regulated or prohibited. It is further intended that this division shall be liberally construed to effect such intent and purpose.
(Ord. No. 89-11, § 1)
This article shall apply to and be enforced in the unincorporated area of the county, including Key Island, Marco Island, Sand Dollar Island and Little Hickory Island, and, except as otherwise specified herein, shall not apply to the other barrier islands within county jurisdiction.
(Ord. No. 89-11, § 3; Ord. No. 96-28, § 1, 6-11-96)
The provisions of this division shall be enforced by members of any duly authorized law enforcement agency or officers having jurisdiction in the county.
(Ord. No. 89-11, § 9)
Sec. 146-37. - Regulation of use and conduct on the beach.
(a)
Possession of glass containers prohibited. It shall be unlawful for any person while on the beach or beach access areas to possess or utilize any glass bottle or container.
(b)
Restrictions on animals on beach. It shall be unlawful for any person owning or have under his control any animal to permit such animal upon the beach, except guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing impaired persons shall be allowed on the beach at all times.
(c)
Open fires prohibited; heated objects to be disposed of properly. It shall be unlawful for any person to have an open fire on the beach. Said prohibition shall not include a stove or grill where so designated and posted by the county parks and recreation department. It shall be unlawful for any person to dispose of any coals, briquets, embers or other heated object from any stove or grill at the beach in other than a county designated receptacle.
(d)
Overnight camping prohibited. It shall be unlawful to camp overnight on the beach.
(e)
Fishing. It shall be unlawful for any person while on the beach or within 1,000 feet from shore to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "bloodbaiting." Nothing herein shall be construed to create a duty of any sort on the part of any law enforcement officer or county employee to prevent fishing or to warn of the presence of sharks in the Gulf of Mexico.
(f)
Throwing of balls, frisbees, or other objects. It shall be unlawful for any person to throw any ball, frisbee, or other object through any bathing area after having been warned by any law enforcement officer that such activity interferes with or endangers the movement of pedestrian traffic or public safety.
(g)
Swimming. No person, except a person actually engaged in a rescue attempt, shall:
(1)
Swim or bathe within 150 feet measured in any direction from a pier or jetty; or
(2)
Swim or bathe in any area posted exclusively for vessel and/or sailcraft use.
(h)
Use of rafts, floats, and other flotation devices. No person shall use any raft, float, body board, or other flotation device of any description, except for a vessel or sailcraft, more than 500 feet from the water's edge.
(i)
Operation of vessel or sailcraft while intoxicated. No person shall operate a vessel or sailcraft of any description, whether motorized or not, surf or otherwise use any other equipment in the Gulf of Mexico when under the influence of any alcoholic beverage, or any chemical substance as set forth in F.S. § 877.111 or any substance controlled under F.S. ch. 893 to the extent that the person's normal faculties are impaired.
(j)
Use of aircraft on beach or from or over specified saltwater prohibited. No person shall operate an aircraft, including seaplanes or ultralights, ultralight trainers, or "ultralight vehicles" as defined in Chapter 14 of Code of Federal Regulations, paragraph 103.1, on or from the beach or adjoining water within 500 feet of the water's edge. In the area west of a southerly projection of a north/south line that bisects the intersection of County Road 92 (San Marco Road) and U.S. Highway 41 (Tamiami Trail), no person shall operate any ultralight (including ultralight trainers and ultralight vehicles) from, on or over any saltwater except at a horizontal distance greater than 500 feet seaward from the nearest shoreline of the mainland or nearest shoreline of the nearest island, whichever is the most restrictive reference point.
(k)
Soliciting and canvassing prohibited. There shall be no solicitation or canvassing of the public on the beach:
(1)
By other than licensed concessionaires of goods and services for use or consumption on the beach. No person other than a licensed concessionaire shall solicit or canvass for the sale or rental of merchandise, services, goods, or property of any kind or character intended for use or consumption on the beach.
(2)
By licensed concessionaires. No licensed concessionaire shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character except from within or within ten feet of his licensed premises or vehicle.
(3)
By any person of goods and services for use or consumption off the beach. No person shall solicit or canvass for the sale or rental of any merchandise, services, goods or property of any kind or character to be delivered or performed off the beach.
(l)
Sound amplification. No audio device, such as loudspeakers, television, radio, compact disc, tape, or record player, or musical instrument, except equipment used by law enforcement, rescue or beach safety personnel, shall be used on the beach in a manner that:
(1)
Exceeds a noise level of 60 decibels (dBA) measured on the A-weighted scale at 25 feet from the sound source; or
(2)
Otherwise violates chapter 54, article IV, of this Code.
(m)
Breach of the peace; disorderly conduct. No person shall commit such acts as are of a nature to corrupt the public morals, or outrage the sense of public decency, or affect the peace and quiet of persons who may witness them, or engage in brawling or fighting, or engage in such conduct as to constitute a breach of the peace or disorderly conduct.
(n)
Removal of beach sand. No beach sand may be removed from the beach.
(o)
Litter. It shall be unlawful for any person to discard or otherwise dispose of or abandon any trash, garbage, bottles, containers, cans, dead fish or parts thereof, charcoal briquets or ashes, or any other litter, except in designated containers for that purpose. It is further unlawful to dispose of any household garbage on the beach.
(Ord. No. 89-11, § 5; Ord. No. 96-28, § 2, 6-11-96)
Sec. 146-38. - Vessel regulation.
(a)
Operation in excess of idle speed. The operation of any vessel, or sailcraft, in excess of idle speed in or on all waters of the Gulf of Mexico within 500 feet offshore from all sandy beaches and shorefront bathing areas is hereby prohibited. Said prohibition shall be effective and enforceable regardless of whether or not such area is designated by appropriate sign, buoy or other public notice.
(b)
Jet ski regulation. No person shall operate a jet ski:
(1)
Closer than 750 feet perpendicular from the water's edge except to go to and from the shore or except in a vessel corridor designated under subsection (c) hereof nor proceed to or from that portion of the Gulf beyond 500 feet at a speed greater than merely necessary to effectively traverse the breaking water, and from all distances from 500 feet to 750 feet from the shore, at any safe speed under the then existing conditions, but not to exceed 20 miles per hour; or
(2)
In an unsafe, reckless or careless manner endangering the life, limb, or property of any person.
(c)
Vessel corridors. The following areas of the Gulf adjacent to the beach closer than 750 feet from the shore may be designated as being exclusively for vessel use between dawn and dusk daily:
(1)
Those areas of Tigertail, Vanderbilt Beach and Clam Pass County Parks; and
(2)
Such other parks and areas designated and posted by the county parks and recreation department as vessel corridors or use areas.
(d)
Beach launch of vessels. No person except a law enforcement officer, licensed beach vendor, authorized emergency personnel, or other person actually engaged in a rescue attempt shall traverse the beach with a motorized boat or jet ski or launch such vessel from the beach from an unauthorized launching area. A licensed beach vendor's location is an authorized launch site for that vendor's equipment.
(e)
Water skiing. No person including the skier (anyone being towed on a line behind a vessel) and the vessel operator shall water ski closer than 500 feet from the edge of the beach directly on the Gulf.
(f)
Sailcraft including sailboats, windsurf boards and sailboards. No person shall operate a sailcraft closer than 500 feet perpendicular from the water's edge where bathers are present except to go to and from the shore by the most direct means possible in a safe and reasonable manner.
(g)
Regulated areas. No person shall operate a motorized vessel or sailcraft within an area which has been clearly marked by buoys or some other distinguishing device for bathing, swimming or which has been otherwise restricted by the county, provided that this subsection shall not apply in the case of an emergency or to a patrol or rescue craft.
(h)
Reasonable speed. Nothing contained in this section shall be construed to authorize or approve the speed of any vessel or sailcraft in excess of that which is reasonable and proper under the existing conditions or circumstances including, but not limited to, the presence of water skiers, bathers, fishermen, natural hazards or other water traffic.
(i)
Exemptions. The following shall be exempted from the provisions of this section:
(1)
The provisions of this section shall not be construed to prohibit the operation, racing or exhibition of vessels or sailcraft during a publicly announced, properly authorized, supervised and adequately patrolled regatta, speed trial or exhibition.
(2)
The operators of law enforcement or rescue vessels or vessels operating under emergency conditions shall be exempted while conducting official duties or operating under emergency conditions.
(3)
Commercial fishing vessels are exempted while conducting fish netting operations, provided the operations are conducted in a safe and prudent manner and in accordance with subsection (h) of this section, vessel speed not to exceed reasonable speed under existing conditions. Under no circumstances, however, shall commercial fishing vessels be operated at greater than idle speed within 500 feet of bathers.
(Ord. No. 89-11, § 6; Ord. No. 97-12, § 1, 2-11-97)
The safety and welfare of the persons that reside nearby the county's beach areas and of the public that recreate on the beach and adjoining waters makes necessary and appropriate the following regulations:
(1)
Beach vendor permit requirement. Any person or entity to be engaged in the rental, leasing, bailment for consideration, or otherwise providing transportation for remuneration, any motorized or wind-driven vessel for use by the public on the beach or adjoining waters of the county, including any personal watercraft and/or sailcraft, shall be required to obtain a beach vendor permit/license from the county. A beach vendor permit/license shall issue and be maintained upon the applicant paying such application fee therefor as established from time-to-time by the county by Resolution. The applicant must meet the following requirements:
a.
The applicant must have an operations office or headquarters located at a land-based location in an area immediately adjacent to where the permitted/licensed activities are to be provided for public use. The office/headquarters must be located only on land that is immediately seaward of the upland owner's main building adjacent to that adjoining beach. The land based operations/activities must be conducted wholly within the geographic confines of the two seaward projections of the north/south property lines of the upland parcel, and the office/headquarters must have direct physical access to the beach and salt water. In the event the permittee/licensee has its authorization to occupy the upland headquarters area terminated or otherwise cancelled by the upland landowner or from whatever other person or entity authorized that permittee/licensee to occupy that upland area, loss of right of that upland occupancy shall thereby automatically void the then existing Collier County beach vendor's permit/license for that area.
b.
The applicant must have and maintain a telephone and marine radio at its land-based operations office.
c.
The applicant must have a motorized chase boat with operational marine radio in good running condition that meets all U.S. Coast Guard safety requirements. That boat must be kept at the vessel rental site during all hours of applicant's rental operations.
d.
The applicant must have and maintain comprehensive general liability insurance with coverage not less than the amount of $500,000.00 combined single limits.
e.
The applicant shall provide a list describing and indicating the state vessel registration number of each motorized vessel applicant places in service. Each motorized vessel placed in service for public use under a Collier County beach vendor's permit/license shall have a state vessel registration number affixed thereon at all times.
f.
The applicant shall provide at least one operational life vest for each occupant space on each of the vessels to be offered for public use under this section.
g.
The applicant must provide a site plan for the beach operation that includes the operation's boundaries on the beach and the ingress and egress points to that operation. No operation boundary shall extend into any pedestrian pathway.
h.
The applicant is required to obtain a county occupational license for its operations office required under this section. To obtain an occupational license, the applicant must provide proof of having a current, valid beach vendor's permit. Revocation of the occupational license shall automatically void the respective beach vendor permit/license.
i.
If a permit/license holder violates any condition of the beach vendor permit/license during any permit/license year and is notified by the county in writing of the violation, the director of parks and recreation is authorized to impose conditions on the subsequent annual beach vendor's permit/license (a probationary permit/license), including issuing a month-to-month permit/license that shall be summarily voidable for any similar or dissimilar violation of any of the permit/license condition(s).
(2)
Beach vendor permittee, vessel user regulations/general regulations.
a.
Operator age restrictions applicable to operation of all vessels with ten horsepower or greater. As required by Subsection 327.395, Florida Statutes, until October 1, 2001, the rental to or operation of a motorized vessel powered by a motor of ten horsepower or greater is prohibited by a motor of ten horsepower or greater is prohibited to anyone born after September 30, 1980, and on or after October 1, 2001, a person 21 years of age or younger, unless that person has in his/her possession aboard the vessel photographic identification and a boater safety identification card issued pursuant to Subsection 327.395, Florida Statutes, or such person is at least 16 years of age and the person's parent, or a supervisor 18 years of age or older is either exempt from the requirements of Subsection 327.395, Florida Statutes, or has a valid boater safety identification card issued pursuant to that subsection, accompanies that person during operation of the vessel and assumes all responsibility for each operation violation that may occur during that operation of that vessel. It shall be a violation of this section for any person to rent, lease or otherwise provide for money or other consideration a motorized vehicle to anyone except as provided herein.
b.
The renter, user, passenger of or on any vessel described in this section shall have on board an operational life vest while using or having such vessel in the water; and it is a violation of this section for any such person using such vessel not to have a life vest on board.
c.
Pre-ride safety instructions. Each livery must also provide pre-ride boater safety instruction and safety information to each person who rents a vessel powered by a motor rated at ten horsepower or greater.
d.
Display of rental jet ski speed limit information. Each rental jet ski must conspicuously display the special speed limit instructions that apply within all the respective distances from the shore. The speed instructions must be easily visible to the operator of the rental jet ski when the operator is in the operating position on the jet ski.
e.
Mufflers on rental jet skis. Each rental jet ski must always operate with stock mufflers or with mufflers that are quieter than stock mufflers.
f.
Each renter of a jet ski must read and initial that he/she understands the speed and operation restrictions placed upon operation of jet skis by this section and/or by Chapter 327, Florida Statutes.
g.
Rental jet ski identification markings. Each rental jet ski must display identifying letters and/or numbers that identify the specific jet ski. Each identification number and/or letter, trademark, logo, and/or company name must be at least four inches in height and must contract with its background color so as to be easily visible at a distance of 250 feet by a person with 20/20 vision.
h.
Use of vessel corridors by rental jet skis. Each rental jet ski must use a vessel corridor whenever a corridor is available. Maximum allowable speed in the corridor within 500 feet of the shore is the slowest speed at which the operator can effectively control the jet ski and be able to transverse the breaking water, and at all distances from 500 feet to 750 feet from the shore, operate at any safe speed, but not to exceed 20 miles per hour.
i.
Safe operation of jet skis. All jet skis must be operated in a reasonable and prudent manner at all times. Maneuvers which unreasonably or unnecessarily endanger life, limb, or property, including weaving through congested vessel traffic, jumping the wake of another vessel unreasonably or unnecessarily close to such vessel or when visibility around such vessel is obstructed, or the vessel is operated in a manner that required intentional swerving at the last moment to avoid collision, constitute reckless operation. Jet skis are not limited to vessels that have one or two occupants.
(Ord. No. 89-11, § 7; Ord. No. 89-86, § 1; Ord. No. 97-12, § 2, 2-11-97; Ord. No. 98-88, § 1)