DIVISION 2. - AIRPORT AUTHORITY [30]


Sec. 18-36. - Title and citation.

This article shall be known and may be cited as the "Collier County Airport Authority Ordinance."

(Ord. No. 04-03, § 1)

Sec. 18-37. - Findings and purpose.

It is hereby reaffirmed that:

(1)

Pursuant to F.S. § 332.08(1), and this article, the Collier County Airport Authority is responsible for the operation of three airports: The Immokalee Regional Airport in Immokalee; the Marco Island Executive Airport, located Northeast of Marco Island; and the Everglades City Airpark, located in the City of Everglades.

(2)

The three County airports are valuable assets that bear upon a viable and diversified economy for the Collier County Community.

(3)

The Board of County Commissioners of Collier County desires to provide for enhanced development and eventual operation of the airports as enterprise operations.

(4)

F.S. ch. 332, §§ 332.001—332.12, ("Airport Law of 1945"), authorizes Collier County to acquire, establish, construct, enlarge, improve, maintain, equip, operate, and regulate County airports and other air navigation facilities, and provides that the exercise of any other power specified therein granted to counties are public, governmental functions exercised for a public purpose and are matters of public necessity.

(5)

F.S. § 332.08(1), authorizes Collier County to vest authority for the construction, enlargement, improvement, maintenance, equipment, operation, and regulation of airports, restricted landing areas, and other air navigation facilities, in an officer, board, or body of the County by ordinance, which shall prescribe the powers and duties of such officer, board or body.

(6)

The three Collier County owned airports require attention, including short and long range planning, to encourage and foster the development of infrastructure and facilities to be operated for the benefit of citizens and taxpayers in the County.

(7)

The three airports should be developed to promote the welfare of all current and future residents of the County.

(8)

It is the intent of the Board of County Commissioners to maintain a Collier County Airport Authority in Collier County with the powers and responsibilities as provided in F.S. § 332.08, and pursuant to the governmental powers granted to counties in F.S. ch. 125.

(9)

This airport authority is consistent with and furthers the County's comprehensive plan and provides a focused approach to the provision, development and management of public infrastructure and services at the three Collier County airports, and is one available means for delivery of such facilities and services at the three airports.

(10)

The provisions of this article shall be liberally construed to effectively carryout its purposes in the interest of the public health, safety, welfare and convenience. This article shall be construed to be consistent with F.S. ch. 189, (the "Uniform Special District Accountability Act of 1945"), and F.S. ch. 332, (the "Florida Airport Act of 1945"); with F.S. ch. 286, ("Florida's Government in the Sunshine Law"); and with F.S. ch. 119, (Florida's Public Records Law), as those statutes may be amended from time-to-time.

(11)

Nothing in this article shall be construed to affect any actions previously taken by Collier County and/or the Collier County Airport Authority, or any agreements previously entered into by Collier County and/or the airport authority.

(12)

It is the intent of this article to grant to the airport authority more freedom and autonomy to carry on its day-to-day activities with minimal management from the board and from the clerk to the board, and with the intent to eventually have the authority to become independent by passage of a special act of the Florida Legislature.

(Ord. No. 04-03, § 2)

Sec. 18-38. - Definitions.

As used in this article, the following words and terms shall have the following meanings unless the context clearly requires otherwise:

"Airports" means the real property and all improvements owned or leased by Collier County (as tenant) and/or the Collier County Airport Authority (as sublessor and/or tenant) for airport activities in Immokalee, Everglades City, and Marco Island, including the properties and improvements designated for industrial development at the Immokalee Airport, and other such property and improvements that may be subsequently acquired by Collier County and/or the airport authority by lease, purchase, gift or by any other means.

"Airport facilities" means airport facilities of all kinds including, but not limited to, landing fields, hangers, shops, restaurants and catering facilities, terminals, buildings, airport industrial parks, parking facilities, and all other facilities necessary and desirable for the landing, taking off, operating, servicing, repairing and parking of aircraft; also the handling of mail, express and freight, and the accommodation, convenience and comfort of passengers, together with related transportation facilities, industrial development, all necessary appurtenances, machinery and equipment and all lands, properties, rights, easements and franchises relating thereto and deemed necessary or convenient by the authority in connection therewith.

"Authority" means the Collier County Airport Authority.

"Board" means the Board of County Commissioners of Collier County, Florida.

"County" means Collier County, Florida.

"Improvements" means such replacements, repairs, extensions, additions, enlargements, and betterments of or to any airport or airport facility as deemed appropriate to keep the airport and airport facilities in suitable condition for the safe, efficient and economic operation thereof.

"Member(s)" means on or more of the persons who comprise the governing body of the airport authority.

(Ord. No. 04-03, § 3; Ord. No. 2010-10, § 1)

Sec. 18-39. - Continuance of authority; airport boundaries.

(a)

The Authority is a "political subdivision" of Collier County as defined in F.S. § 333.01(9). The Authority is also a "political subdivision" of Collier County as used in F.S. § 196.199, regarding ad valorem taxation.

(b)

The Authority shall take no action that is inconsistent with applicable general law, any applicable special act, any applicable comprehensive land use plan, any applicable land development ordinance, or any other applicable ordinance, rule or regulation adopted by the Board pursuant to F.S. chs. 332 or 333, or any applicable regulation of any governmental entity that has authority to adopt regulations that are superior to the Authority with respect to the specific issue.

(c)

The legal description and a map of each of these three airports are attached hereto and are a part hereof as Exhibits A, B and C.* The legal description and maps may be amended by Resolution of the Airport Authority.

(Ord. No. 04-03, § 4; Ord. No. 2010-10, § 2)

Note—* Exhibits A, B and C referenced above are not set out herein, but on file as an attachment to Ord. No. 04-03 in the appropriate county offices.

Sec. 18-40. - Governing body; membership, appointment and terms of office.

(a)

The Board of County Commissioners hereby declares itself to be the Collier County Airport Authority.

(b)

Effective as of the beginning of each fiscal year (October 1), the Authority shall from its members elect a chairman and vice chairman. If an election does not occur, the chairman and vice chairman of the Board of County Commissioners will hold those same positions on the Airport Authority governing board.

(c)

The County's Purchasing Policy and the County's Personnel Rules and Regulations will apply to the Authority except as provided otherwise in the Authority's Administrative Code, as amended from time-to-time.

(d)

The Clerk to the Board shall, to the extent required by law, serve as clerk to the Authority. The Authority, at its discretion, may utilize the services of the Clerk over and above the services the Clerk must perform for the Authority as a matter of law. The Authority shall annually budget and reimburse the Clerk as appropriate for the cost of all services and materials supplied by the Clerk to the Authority. The Authority shall organize its own financial records to facilitate its day-to-day operations and provide financial records in such form and in such manner as required by F.S. ch. 218, and additional requirements, if any, specified in the Authority's Administrative Code. To the extent allowed by law, the Authority may, through its Administrative Code, remove itself from fiscal and other review and approval by the Clerk to the Board.

(e)

Other Departments of the County, including the office of the County Manager, may assist the Authority as requested by the Authority. The Authority shall reimburse each respective department for the cost of services and materials supplied by that department to the Authority.

(Ord. No. 04-03, § 5; Ord. No. 2009-49, § 1; Ord. No. 2010-10, § 3)

Sec. 18-41. - Compensation of members.

The members of the Authority shall receive no compensation but each shall be reimbursed expenses in accordance with the provisions of general law, and in conformity with the Authority's budget.

(Ord. No. 04-03, § 6; Ord. No. 2010-10, § 4)

Sec. 18-42. - Powers, functions and duties.

(a)

The Authority shall be responsible for the construction, improvement, equipment, development, regulation, operation and maintenance of the airports and all related airport facilities. The day-to-day activities of the Executive Director and of the Authority's other employees shall not require prior approval from the Board, Authority, or the County Manager.

(b)

The Authority shall have no power to levy or collect ad valorem taxes unless provided otherwise in a special act of the Florida Legislature.

(c)

The Authority has the following powers and duties:

(1)

Subject to and consistent with the Authority's budget, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers.

(2)

The Authority may adopt resolutions, rules and regulations that are necessary to conduct the business of the Authority.

(3)

To accept gifts; to apply for and use grants or loans of money or other property from the United States, the State of Florida, any unit of local government, or any person for any lawful purpose; to hold, use, sell and dispose of such monies or property for any Authority purpose in accordance with the terms of the gift, grant, loan or agreement relating thereto; and to enter into interlocal agreements as convenient to accomplish its goals.

(4)

To maintain an office within the County at such place or places the Authority designates.

(5)

To borrow money and issue revenue bonds or anticipation certificates, warrants, notes or other evidence of indebtedness; to designate an agent of record; to sell or mortgage real or personal property, or to accept any grant.

(6)

To adopt by resolution a schedule of rates, fees and other charges for the use of the services, airports and airport facilities to be paid by owners, tenants, or occupants of each parcel of land or the user of any facility which may be connected with or provided service, use or availability of any airport facility. The initial schedule of such rates, fees and other charges shall be those in effect at the three airports as of the effective date of this Ordinance. The Authority may from time-to-time revise the schedule of rates, fees and other charges. Such rates, fees, and other charges shall be adopted and revised so as to provide funds, which, with other funds available for such purposes, shall be sufficient at all times to pay the expenses of operating and maintaining the airports and airport facilities (including reimbursements to the county), to provide a margin of safety over and above the total amount of such payments, and to comply with covenants to bondholders. Also to provide, if applicable, reserves for the principal and interest on revenue bonds as the same may become due. The Authority shall charge and collect such rates, fees, and other charges so adopted and revised.

(7)

To sub-lease as sub-lessor, and to lease as lessee, to or from any person, firm, corporation, association, or body, public or private, any airport facility or airport property of any nature for the use of the Authority to carry out any purpose of the Authority. To grant easements, licenses and use agreements at each airport.

(8)

To acquire by purchase, lease, gift, dedication, or devise, or otherwise, real and personal property or any estate therein for any lawful purpose of the Authority; also to trade, sell or otherwise dispose of surplus real or surplus personal property in accordance with general law. The Authority may purchase equipment by an installment sales contract if budgeted and funds are available to pay the current year's installment and to pay the amounts due that year on all other installments and indebtedness. The Authority shall have no power of eminent domain except: (a) in the name of the County pursuant to F.S. ch. 74, as authorized by the Board; or (b) except as authorized by special act of the Legislature.

(9)

To hold, control and acquire by donation or purchase any public easements, dedications to public use, platted reservation for public purpose, or reservation for any lawful purpose of the Authority, and to use such easement, dedication or reservation for any lawful purpose of the Authority.

(10)

To hire the Executive Director, who shall be an employee of the County and shall be subject to the County's Human Resources Policies and Procedures except to the extent, if any, specifically provided otherwise in the Authority's Administrative Code.

(11)

To contract for professional services including, but not limited to, planning, engineering, legal, and/or other professional services. No person engaged to provide such services shall be an employee of either the Authority or the County.

(12)

At the Authority's discretion, the County Attorney's office will serve as the Authority's attorney. The Authority may retain individual attorneys at law and/or law firm(s) to serve as the Authority's attorney for some or all of the Authority's legal services.

(13)

To exercise all powers and Authority that is convenient and appropriate to accomplish any duty, responsibility, goal, plan, or purpose of the Authority as provided for in this Ordinance.

(14)

To create advisory board(s) by ordinance.

(d)

The Authority shall have a lien upon all aircraft landing upon any airport operated by the Authority for all charges for fuel, landing fees and other fees and charges for the use of the facilities of such airport by any such aircraft, when payment of such charges and fees is not made immediately upon demand therefore to the operator or owner of the aircraft by a duly authorized employee of the Authority. The lien for the full amount of the charges and fees due to the Authority attaches to any aircraft owned or operated by the person owing such charges and fees. Such lien may be enforced as provided by law for the enforcement of warehousemen's liens in Florida. It is unlawful for any person to remove or attempt to remove any such aircraft from such airport after notice of the lien has been served upon the owner or operator thereof or after posting of such written notice upon such aircraft. Any person who removes or attempts to remove any such aircraft from the airport after service or posting of the notice of the lien as herein provided, and before payment of the amount due to the Authority for fees or charges incurred by such aircraft, shall be guilty of a criminal offense and misdemeanor within the meaning of F.S. § 775.08, and shall be punished as provided by law.

(Ord. No. 04-03, § 7; Ord. No. 2010-10, § 5)

Sec. 18-43. - Annual workshop; budget and reports.

(a)

The Executive Director shall schedule and conduct one (1) workshop with the Authority prior to submission of the Executive Director's tentative annual budget request. For each fiscal year the Executive Director shall prepare a tentative annual budget including revenues and expenses for the operation of the three airports during the ensuing fiscal year. The budget shall be transmitted to the County Manager for Authority and Board review and adoption on or before May 1, or otherwise in accordance with the County's general budget policy or general law, whichever date is earliest. Each proposed budget shall include an estimate of all planned and contingent expenditures of the Authority for the ensuing fiscal year, plus an estimate of all income to the Authority from all sources for that fiscal year and shall include an update of the Authority's five-year strategic business plan. The Board shall consider the proposed budget item by item and may either approve the budget as proposed by the Authority, or modify the same in part or in whole. The budget of the Authority shall be adopted in the same manner provided, and the times established by law for the adoption of the budget by the County. The Authority shall be responsible for the implementation of the budget as approved by the Board. The annual budget proposed by the Authority and approved by the Board should continuously implement the Authority's five-year master plan.

(b)

By March 15th of each year, the Executive Director shall submit to the board an annual report on airport activities and operations for the preceding fiscal year, including an independent financial audit.

(c)

For the December, March, June and September calendar quarters of each year, the Executive Director, not later than forty-five (45) days following the end of each quarter, shall deliver to the Authority a quarterly financial report including the status of grants and income from sub-leases, licenses, and other revenue producing items.

(Ord. No. 04-03, § 8; Ord. No. 2010-10, § 6)

Sec. 18-44. - Administrative Code.

(a)

The Authority may adopt an Administrative Code by Resolution(s) that prescribes details regarding the powers, duties and functions of the officers of the Authority; the conduct of the business of the Authority; the maintenance of records and the form of other documents and records of the Authority.

(b)

The Administrative Code shall organize the administration of the Authority and shall detail the duties, responsibilities, policies, rules and regulations of the Authority as delegated to the Authority by this Ordinance, by other ordinances, by rules and regulations of the Board, or by Special Act of the Legislature.

(c)

The Administrative Code in existence as of the date of this Ordinance amendment is effective only to the extent that it is consistent with Collier County rules and regulations and this Ordinance.

(Ord. No. 04-03, § 9; Ord. No. 2010-10, § 7)

Sec. 18-45. - Executive director.

(a)

The Authority may have an Executive Director to serve as the Authority's chief operating officer. The Executive Director shall be hired by an affirmative vote of the membership of the Authority. Subject to the provisions of an Employment Agreement of the Executive Director, the Executive Director may be terminated, with or without cause, by an affirmative vote of the membership of the Authority.

(b)

The Executive Director shall work under the direction of the Authority.

(c)

The Executive Director shall be the chief operating officer of the Authority. All executive and administrative responsibilities and powers specified herein shall be assigned to and vested in the Executive Director.

(d)

The Executive Director shall:

(1)

Be responsible for the administration, management and operation of the airports and airport facilities.

(2)

Formulate and prepare recommendations regarding policies, rules and regulations, directives, programs, agreements, sub-leases, leases, contracts, and all other documents which require consideration, action, or approval of the Authority.

(3)

Implement all lawful directives of the Authority.

(4)

Prepare annual budget and the annual report for approval of the Authority and the Board.

(5)

Recommend employment of, direct, supervise, and recommend personnel actions regarding Authority employees in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority as exempted by the Authority's Administrative Code. The Executive Director shall also direct and supervise professional service providers engaged by the Authority.

(6)

Carry out such other powers and duties as may lawfully be assigned by the Authority.

(e)

The Executive Director shall be qualified by executive and administrative experience. Minimum qualifications for the Executive Director are to be specified in the Administrative Code. The compensation of the Executive Director as specified in the applicable employment agreement shall be set by the Authority in accordance with the budget approved by the Board, and in accordance with the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code.

(Ord. No. 04-03, § 10; Ord. No. 2010-10, § 8)

Sec. 18-46. - Non-interference.

Consistent with Ordinance No. 93-72, as amended (County Manager's Ordinance) and Ordinance No. 96-40, as amended (Collier County Personnel Ordinance), members of the Authority may communicate with employees, officers, agents under the direct or indirect supervision of the Executive Director, including professional service providers, for the purpose of inquiry or information. Except for purposes of inquiry or information, no member of the Authority shall give directions to or interfere with any employee, officer, agent, or with any professional services provider under any direct or indirect supervision of the Executive Director.

(Ord. No. 04-03, § 11; Ord. No. 2010-10, § 9)

Sec. 18-47. - Transfer of property and personnel.

(a)

The County has leased to the Authority for the consideration of $10.00, all three Collier County airports and all real property improvements thereon owned by the County. Subject to passage of a Special Act of the Legislature authorizing same, the Board may convey the fee title to each of the three airports to the Authority. Each such conveyance shall be subject to existing applicable airport use and reversionary clauses in the chain of title, and be subject to subsection 18-48(c).

(b)

The County has conveyed to the Authority all personal property related to the three airports, including all personal property airport systems, equipment, and materials then under the management, direction or control of the Board. All funds received by the Authority from sale of durable assets purchased by the Authority with funds from the County's general fund shall be refunded by the Authority to the County's general fund.

(c)

Any County employees transferred to the Authority shall remain County employees and be subject to the County's Human Resources Policies and Procedures, except to the extent those policies and procedures do not apply to the Authority because of exemptions provided for in the Authority's Administrative Code.

(Ord. No. 04-03, § 12)

Sec. 18-48. - Merger; dissolution.

(a)

There shall be no merger involving the Authority and any other unit of government without prior approval of the Board.

(b)

The Charter of the Authority may be revoked and the Authority unilaterally dissolved by an ordinance adopted by the Board. Such action by the Board dissolving the Authority shall occur subject to: (a) the legal rights of bondholders, the Executive Director, and all employees of the Authority; and (b) a dissolution plan adopted by the Board.

(c)

Dissolution of the Authority shall automatically transfer to the County all right, title and interests to all real and personal property deeded, leased, assigned to or otherwise conveyed by every means whatsoever to the Authority along with all other property and interests in property otherwise acquired by the Authority. Dissolution shall be subject to all contracts, other obligations and indebtedness of the Authority.

(Ord. No. 04-03, § 13)

Sec. 18-49. - Adoption of rules and regulations previously adopted by the Collier County Airport Authority.

(a)

The Board of County Commissioners, pursuant to F.S. § 332.08, hereby adopts all of the following Rules and Regulations heretofore adopted by the Collier County Airport Authority ("Authority"):

(1)

The Collier County Airport Authority Rules and Regulations for General Aviation Airports, Collier County, Florida, applicable to the Everglades Airport, to the Immokalee Regional Airport, and to the Marco Island Executive Airport, adopted by the Authority as revised on February 1, 2002.

(2)

Minimum Standards for Commercial Airport Aeronautical Activity and Service Providers at the Collier County Airports, as revised on November 14, 2005.

(3)

The Collier County Airport Authority Administrative Code, adopted by the Authority as revised on August 9, 2004.

(4)

The Collier County Airport Authority Leasing Policy adopted by the Airport Authority as revised on February 11, 2002.

(b)

F.S. § 332.08(2)(b), (authorizing enforcement of violation of such Rules and Regulations as a second degree misdemeanor) applies only to Rules and Regulations adopted by the Board. Future amendments to such Rules and Regulations may not be enforced as a misdemeanor pursuant to this Ordinance until each such respective future amendment(s) is/are adopted by the Board pursuant to F.S. § 332.08, which may be by adoption of a Resolution of the Board subject to the four weeks public notice requirement. However, this limitation does not affect enforcement of any such future amendment(s) to any such Rule or Regulation except when the amended Rule or Regulation is to be enforced as a misdemeanor. Violation of any such future amendment not yet then adopted by the Board may be referred for enforcement to any Collier County enforcement department and/or to any outside agency or entity, for enforcement by other means.

(c)

Every violation of any such Board adopted Rule and/or Regulation shall be a separate violation of this Ordinance. Also, every individual who, while in the presence of a law enforcement officer, either refuses to immediately obey an oral order (instruction) to leave the airport, or to move his/her person to some other part of the airport, or who is then committing any violation of any such rule or regulation, or is committing a trespass anywhere in any secured area of an airport, such law enforcement officer may arrest the violator without a warrant for any such violation(s), which Authority to arrest without a warrant is authorized by F.S. § 901.15(1).

(Ord. No. 04-03, § 14; Ord. No. 2010-10, § 10)

Sec. 18-50. - Trespass: anywhere at airport; secured areas.

(a)

It shall be a separate violation of this article for any individual to refuse to immediately and completely obey an oral order (instruction) to leave the airport, or to move his/her person to some other area of the airport, if the order (instruction) is personally communicated to the individual by the Airport Manager, or if the Airport Manager is not then and there available, by any employee who at such time and place has authority to issue such an instruction.

(b)

It is a separate violation of this article for any individual to commit a trespass into (or within) any secure area of any Collier County Airport, provided signs are posted in conspicuous areas and such signs give notice that unauthorized entry into the respective secured area constitutes a trespass, and the signs specify the means that are available for gaining authorized access to the respective secure area. Each such violation of this article shall subject each such trespassing individual(s) to arrest by a law enforcement officer without a warrant, on or off of the airport, as specified in F.S. § 901.15(15). The Collier County Airport Authority is hereby authorized to designate such secure area(s) as it deems appropriate by posting appropriate signs. Each such trespass in any secured area of an airport is an independent violation of this article irrespective of application of any Airport Authority rule or regulation.

(Ord. No. 04-03, § 15)

Sec. 18-51. - Reserved.

Editor's note—

Ord. No. 2011-32, § 1, adopted Sept. 27, 2011, repealed § 18-51, entitled "Concealed weapons; concealed firearms" which derived from: Ord. No. 04-03, § 16.

Sec. 18-52. - Penalties; referrals within Collier County Government.

(a)

General penalties; continuing violations. In this article the phase "violation of this article" means any of the following:

(1)

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

(2)

Failure to perform an act that is required to be performed by any Collier County Ordinance, or by rule or regulation authorized by any Collier County Ordinance.

(3)

Failure to perform any act if the failure is declared a misdemeanor or an offense, or otherwise unlawful or a violation by any Collier County Ordinance, or by any rule or regulation authorized by Collier County Ordinance.

(b)

In this article, the phrase "violation of this article" does not include the failure of a Collier County officer or a Collier County employee, or any officer or any employee of the Collier County Airport Authority, to perform a duty or responsibility.

(c)

Except as may otherwise be specifically provided with regard to the specific rule or regulation, an individual or entity convicted of a violation of any such rule or regulation, or of an independent violation of this article, may be punished by a fine not to exceed $500.00, and if the violator is an individual, by imprisonment in the County jail for a term not to exceed 60 days, or, if the violator is an individual, by both such fine and imprisonment. With respect to any violation of this article that is continuous with respect to time, each day the violation continues may be held by the respective forum (trier of fact) to be a separate offense or separate violation.

(d)

Imposition of a felony penalty, or any misdemeanor penalty, or any civil penalty, does not prevent or affect possible revocation or suspension of a license, permit, contract or franchise, or affect imposition of any other civil penalties, or affect imposition of any other administrative fines, action(s) or penalties by any enforcement forum whatsoever.

(e)

Violations of any such rule or regulation, and/or any independent violation(s) of this article, may be abated by injunctive or other equitable relief, and no bond shall be required from the County or from the Authority; nor is proof of intent or scienter required by this article. No imposition of any fine or any other penalty shall prevent any equitable relief whatsoever.

(f)

Every alleged violation(s) of any of such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, for investigation and enforcement by any Collier County Code Enforcement Board, or with respect to any vehicle for hire, to the Collier County Public Vehicle Advisory Committee. All penalties then available to the referred board, committee, or department may be applied to each respective violators).

(Ord. No. 04-03, § 17)

Sec. 18-53. - Referral for investigation or enforcement to outside law enforcement agencies.

(a)

Any suspected violation(s) of any of any such rule or regulation may be referred by the Airport Authority, and/or by the Airport Authority's Executive Director, to any appropriate outside law enforcement department, entity, or agency, for investigation and/or enforcement as a misdemeanor of the second degree as then punishable as such punishment is provided for in F.S. §§ 775.082 or 775.083.

(b)

Any officer or other employee of the Airport Authority who suspects that a violation of any such rule or regulation is occurring or is being committed, the officer or employee is authorized to immediately notify the Collier County Sheriff's Department, office, or substation, if in that officer's or employee's judgment an arrest or forcible restraint may be an appropriate response to the situation.

(c)

The Executive Director, and/or the Airport Authority, and/or the Airport Manager of the respective airport (or such Airport Manager's designee) may refer for investigation and enforcement any suspected violation of this article and/or any Airport Authority rule and/or regulation that may be a violation of any law, rule or regulation within the investigation and/or enforcement jurisdiction of the respective entity to which the matter is referred, which may include the Federal Government or any agency or sub-part thereof. Also, such referral need not appear to be a violation of any Airport Authority rule or regulation or of any Collier County Ordinance.

(Ord. No. 04-03, § 18)

Secs. 18-54—18-60. - Reserved.



FOOTNOTE(S):


(30) Editor's note— Ord. No. 04-03, § 20, adopted Jan. 27, 2004, repealed Div. 2 in its entirety. Sections 1—18 enacted similar provisions to read as herein set out. Formerly, said division pertained to similar subject matter as enacted by Ord. No. 95-67, §§ 1—13; as amended. See the Code Comparative Table for a detailed analysis of inclusion. (Back)