Sec. 146-51. - Intent and purpose.

It is the intent and purpose of this division to protect and promote the health, safety and welfare of the public, including residents and visitors to Collier County and in particular by providing reasonable speed regulation to the operation of vessels as defined. It is further intended that this division shall be liberally construed to effect such intent and purpose.

(Ord. No. 96-16, § 1, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 1, 2-11-97)

Sec. 146-52. - Title and citation.

This division shall be known and be cited as the "Collier County Water Safety and Vessel Control Ordinance."

(Ord. No. 96-16, § 2, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 2, 2-11-97)

Sec. 146-53. - Applicability.

This division shall apply to and be enforced on all the waters of the following described restricted "idle speed - no wake" areas:

(1)

The Clam Bay System including Upper Clam Bay, Inner Clam Bay, Outer Clam Bay, and Clam Pass. The restricted areas are as specified on the map attached hereto as "Exhibit A."

(2)

Hurricane Pass, as specified on the map attached hereto as "Exhibit B." Hurricane Pass is described as follows: Those waters northeast of the Gulf of Mexico between the shores of Cannon Island and Keewaydin Island (also known as Key Island), south of the southern end of Little Marco Island within the following boundaries: The northern boundary is a line at the southernmost point of Little Marco Island at approximately 25°59.9′N, 81°45.17′W, east to Cannon Island (25°59.9′N, 81°45.08′W), and west to Keewaydin Island (25°59.9′N,81°45.25′W); the eastern boundary is the western shore of Cannon Island from its intersection with the northern boundary of Hurricane Pass south to its intersection with the southern boundary of Hurricane Pass; the southern boundary is a line extending from the southernmost point of Keewaydin Island (23°59.78′N, 81°45.17′W) approximately east-southeast to the nearest shore of Cannon Island (25°59.7′N, 81°45.05′W); and the western boundary is the eastern shoreline of Keewaydin Island from its southernmost point (25°59.78′N, 81°45.17′W) northward to its intersection with the northern border of Hurricane Pass.

(3)

At all boat basins, in all residential canal, and at all saltwater areas within 500 feet of the then sea walled shoreline in the following areas:

a.

Little Hickory Bay: The north side of Little Hickory Bay in the vicinity of Bonita Shores and Lely Barefoot Beach. These areas are shown on the map attached hereto as Exhibit "C."

b.

The Cocohatchee River: Those parts of the Cocohatchee River near Wiggins Pass, Conklin Point, Wiggins Bay, Gulf Harbor, and Palm Shores; also Water Turkey Bay and south from there to and including Vanderbilt Lagoon. These areas are shown on the maps attached hereto as Exhibits "C" and "D."

c.

The Naples Bay Area: The Gordon River east of U.S. 41 near River Reach and Coconut River Estates; also Rock Creek east of U.S. 41 near Brookside; also Haldeman Creek. These areas are shown on the map attached hereto as Exhibit "E."

d.

Isles of Capri Area: All areas within 500 feet of all sea walled shoreline, as shown on the map attached here as Exhibit "F."

e.

Marco Island: Within and around all of Marco Island, including all of Collier Bay, all of Roberts Bay, the west shore of Sanctuary Sound, all of Smokehouse Bay, all of Smokehouse Creek, the north side of Caxambas, all of Clam Bay, parts of Factory Bay, the west shoreline of Barfield Bay, and part of the north side of Horrs Island; also all interior canals of Marco Island. These areas are shown on the maps attached hereto as Exhibits "F" and "G."

f.

Goodland Area: Within 500 feet of all shoreline of Goodland; also the boat basin in the Big Marco River adjacent to the north side of the State Road 92 Bridge. These areas are shown on the map attached hereto as Exhibit "G."

(4)

Henderson Creek: All of Henderson Creek east of the Highway 951 Bridge and west of that bridge to the first piling. This are is shown on the map attached hereto as Exhibit "H."

(5)

Port of the Islands: The sea walled marina basin and south thereof approximately 1,000 feet, as shown on the map attached hereto as Exhibit "I."

(6)

The Everglades City Area: The Barron River from the inlet north to the east side of the State Road 29 bridge; also the "Lakes" area within 500 feet of all sea walls. All parts of Halfway Creek that are within 500 feet of Plantation Island. These areas are shown on the map attached hereto as Exhibit "J."

(7)

Chokoloskee Island: All areas within 500 feet of the walled areas of Chokoloskee Island. These areas are shown on the map attached hereto as Exhibit "J."

(8)

Hell's Gate: Those waters between Little Hickory Bay to the north and Wiggins Bay to the south lying between channel markers 14 and 18. These areas are shown on the map attached hereto as Exhibit "K".

(9)

Reserved.

(Ord. No. 96-16, § 3, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 3, 2-11-97; Ord. No. 99-54, § 1, 8-3-99)

Editor's note—

Exhibits "A" through "K" are not set out herein, but in on file and available for inspection in the offices of the county.

Sec. 146-54. - Vessel speed regulation.

Except during an emergency or operation by an official of the government while engaged in official business, the operation of any vessel in excess of idle speed, as defined herein, in or on any waters specified above is hereby prohibited and is a violation of this division. Said prohibition is effective and enforceable provided the "no wake" area is designated by regulatory marker, signage, buoy, or any other notice of the "idle speed-no wake" status. The locations of such notices shall be placed at the discretion of the county staffs. All such notices posted by the county are official notices of the county. Provided the restricted area is posted as an "idle speed" and/or "no wake" area, it is no defense to a violation of this division to allege that the person issued a notice of violation of this division did not observe posted notice of the "idle speed" and/or "no wake" status of the waters.

(Ord. No. 96-16, § 4, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 4, 2-11-97)

Sec. 146-55. - Definitions.

For the purposes of this division, the following words are defined as follows:

Idle speed means the minimum speed through or over the surface of the water that will allow the vessel operator to maintain steerage of the vessel.

Operate means to be in control of the speed of a vessel traveling over or in water.

Vessel means a motor propelled and/or artificially propelled boat, sailboat, barge, airboat or other watercraft used or capable of being used as a means of transportation of one or more persons over or in the water, whether propelled by wind, propeller, or forcing flow of water by propeller or impeller, or otherwise. Vessel does not include a canoe, kayak, or similar small minimum wake type vessels provided the vessel is then being propelled only by paddle and not by motor, pump, or sail. "Vessel" does not include seaplane.

(Ord. No. 96-16, § 5, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 5, 2-11-97)

Sec. 146-56. - Penalties.

Each violation of this division is a civil infraction. If a citation of violation is not contested and is paid in full and on time, the fine shall be $50.00 for the first violation within any six-month period, and $100.00 for a second violation by the same person within any one-year period. If the fine is not paid in full and on time, the court may impose a fine of up to $500.00 plus court costs and any other costs and/or fees authorized to be imposed by the court by Florida Statutes. As an alternative means of enforcement, violations of this division may be referred to the Collier County Code Enforcement Board.

(Ord. No. 96-16, § 6, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 6, 2-11-97)

Sec. 146-57. - Enforcement.

The provisions of this division shall be enforced by any member of any duly authorized law enforcement agency or officers having enforcement jurisdiction in Collier County, Florida. Civil citations may be used to notify the defendant of allegations of violations of this division.

(Ord. No. 96-16, § 7, 4-9-96; Ord. No. 96-75, § 1, 11-26-96; Ord. No. 97-10, § 7, 2-11-97)

Secs. 146-58—146-60. - Reserved.