Sec. 146-60.1. - Short title.

This division shall be known and may be cited as the Collier County Vessel Control Ordinance.

(Ord. No. 79-8, § 1, 2-13-79)

Sec. 146-60.2. - Definitions.

For the purpose of this division the following terms, phrases, words and derivations shall have the meaning given herein, words and derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the singular number, and the words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.

Idle speed means the lowest speed at which a boat or watercraft can operate and maintain steering control.

Operate means to navigate or otherwise use a boat or a vessel.

Person means any individual, partnership, firm, corporation, association or other entity.

Slow speed means not speed greater than that which is reasonable and prudent to avoid either intentionally or negligently annoying, molesting, harassing, disturbing, colliding with, injuring or harming manatees and which comports with the duty of all persons to use due care under the circumstances.

A motorboat in a manatee sanctuary area designated as a slow speed zone, (1) that is operating on a place is not proceeding at slow speed; (2) that produces no wake or minimum wake is proceeding at slow speed; (3) that is in the process of coming off plane and settling into the water, which action creates more than no or minimum wake is not proceeding at slow speed; (4) that is completely off plane and which has settled into the water and is proceeding without wake or with minimum wake is proceeding at slow speed.

Slow speed zone means a designated area within which it has been established that manatees are known to congregate. In a slow speed zone, motorboat operators shall not proceed at a speed greater than is reasonable and prudent to avoid either intentionally or negligently annoying, molesting, harassing, disturbing, colliding with, injuring or harming manatees and shall operate such motorboat in accordance with legal requirements and the duty of all persons to use due care under the circumstances.

Vessel is synonymous with boat and means a motor or artificially propelled vehicle and every other description of watercraft, barges, and airboats, other than a seaplane on the water, used or capable of being used as a means of transportation on water.

(Ord. No. 79-8, § 2, 2-13-79; Ord. No. 94-57, § 1, 10-25-94)

Sec. 146-60.3. - Area of enforcement.

The area of enforcement of the provisions of this division shall be all waters, creeks, bayous, canals and channels whether natural or manmade, located within Collier County.

(Ord. No. 79-8, § 3, 2-13-79; Ord. No. 2007-38, § 1)

Sec. 146-60.4. - Careful and prudent operation required.

Every person operating or navigating any vessel in, on or under any waters within the unincorporated areas of Collier County shall do so in a careful and prudent manner, taking into consideration the weather conditions and range of visibility, water turbulence, proximities to bathers, water skiers and other boats and watercraft and all other attendant circumstances so as not to endanger the life, limb or property of any person. Failure to operate a boat in such a careful and prudent manner shall constitute careless boating and a violation of this division.

(Ord. No. 79-8, § 4, 2-13-79)

Sec. 146-60.5. - Speed limit in certain areas.

(a)

No person shall operate a vessel of any kind which is propelled by a motor or engine in any area designated as an official "no wake-idle speed only" area and so posted at greater than idle speed.

(b)

No person shall operate a vessel of any kind which is propelled by a motor or engine in any area designated as an official "slow speed-minimum wake" zone or area so posted at greater than slow speed.

(c)

No person shall operate a vessel in any area designated and posted as an official idle speed zone at a speed greater than idle speed. The following are designated as idle speed zones:

(1)

The Gulf of Mexico along the Naples public beach, from the shoreline out of 500 feet west of the public beach, from the north boundary of the city of Naples to Gordon Pass, excluding the outer approach to Doctors Pass, such approach being the area within the marked channel from the lighted, outermost marker east to the outer ends of the stone jetties.

(2)

Doctors Pass and the Moorings Bay System, from Seagate Drive South to Banvan Boulevard.

(3)

The Gordon River and Naples Bay, from the north boundary of the City of Naples to a line running east to west through marker 32, connecting adjacent shorelines, except that for the purpose of testing propulsion systems, marine mechanics are permitted to exceed the idle speed restriction in the Gordon River in an area approximately 0.3 mile in length, extending from the City Wastewater Treatment Plant south to the Horticultural Landfill, weekdays, between the hours of 8:00 a.m. and 5:00 p.m.

(4)

Naples Bay, from a line running north to south through marker 10, connecting adjacent shorelines, to a line running north to south through marker 6, connecting adjacent shorelines.

(5)

All canals and waterways tributary to Naples Bay and the Gordon River, including without limitation those in River Park, Avion Park, Golden Shores, Oyster Bay Royal Harbor, Aqualane Shores and Port Royal.

(d)

No person shall operate a vessel in any area designated and posted as an official slow speed zone at a speed greater than slow speed. The following are designated as slow speed zones:

(1)

Naples Bay, from a line running east to west through marker 32, connecting adjacent shorelines, to a line running east to west through marker 27, connecting adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays (See 68D—23.103 F.A.C. "holidays")

(2)

Naples Bay, from a line running east to west through marker 21, connecting adjacent shorelines, to a line running north to south through marker 10, connecting adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays;

(3)

Naples Bay and Dollar Bay, from a line running east to west through marker 21, connecting adjacent shorelines, to a line running east to west through marker 73 in Dollar Bay, connecting adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays;

(e)

No person shall operate a vessel in any area designated and posted as an official 30 mile per hour (MPH) zone at a speed greater than 30 MPH. The following are designated as 30 MPH zones:

(1)

Naples Bay, from a line running east to west through marker 32, connecting adjacent shorelines, to a line running east to west through marker 10, connecting adjacent shorelines, weekdays;

(2)

Naples Bay, from a line running east to west through marker 27, connecting adjacent shorelines, to a line running north to south through marker 21, connecting adjacent shorelines, from 10:00 a.m. through 5:00 p.m. weekends and holidays;

(3)

Naples Bay and Dollar Bay, from a line running east to west through marker 22, connecting adjacent shorelines, to a line running east to west through marker 71 in Dollar Bay, connecting adjacent shorelines, weekdays;

(4)

Gordon Pass and the portions of Naples Bay and Dollar Bay, all as described in subsection (e), at all times other than those set forth in subsection (c); or not otherwise designated as an idle speed zone or slow speed zone.

(Ord. No. 79-8, § 5, 2-13-79; Ord. No. 94-57, § 2, 10-25-94; Ord. No. 2007-38, § 2)

Sec. 146-60.6. - Speed not to be greater than what is reasonable under the conditions.

Nothing contained in this division shall be construed to authorize or approve any speed greater than is reasonable and proper in consideration of local conditions, other water traffic, persons swimming or fishing in the area, or other hazards.

(Ord. No. 79-8, § 6, 2-13-79)

Sec. 146-60.7. - Designation of "no-wake idle speed only" or "slow speed-minimum wake."

The Board of County Commissioners of Collier County, by resolution adopted at a public hearing at least 15 days notice of such hearing published in a newspaper of general circulation in Collier County, Florida, designate areas as "no wake-idle speed only" or "slow speed-minimum wake" areas under the provisions of section 146-60.5 of this division. In designating such areas, the commission shall hear all testimony presented and make a finding that the designation is necessary for the safety and/or welfare of the citizens of the county. Upon adoption of such a resolution, the board of county commissioners shall publish the resolution one time in a newspaper of general circulation in Collier County, Florida after which the designation of the area shall be complete and binding. Provided, however, no person shall be convicted of a violation of this division relating to such area until signs designating the boundaries of the area by stating either "no wake-idle speed only" or "manatee area, slow speed-minimum wake" have been posted after approval by all appropriate regulatory agencies.

(Ord. No. 79-8, § 7, 2-13-79; Ord. No. 94-57, § 3, 10-25-94)

Sec. 146-60.8. - Exemptions.

(a)

The provisions of this division shall not be construed to prohibit the running or racing or exhibition boats, during a publicly announced, properly authorized and supervised and adequately patrolled regatta or speed trial or exhibition.

(b)

Patrol and rescue craft and craft operating under emergency conditions shall be exempted from the provisions of this division while performing their duties.

(Ord. No. 79-8, § 8, 2-13-79)