House Bill 2167er

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    ENROLLED

    1999 Legislature                     HB 2167, Second Engrossed



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  2         An act relating to Collier County; amending s.

  3         3, chapter 89-449, Laws of Florida, as amended;

  4         prohibiting specified conduct on park property;

  5         authorizing the Director of the Collier County

  6         Parks and Recreation Department to grant

  7         written permit exceptions to specific

  8         prohibitions, which may include consumption of

  9         alcoholic beverages for wedding receptions and

10         other special events; providing that the

11         authority delegated to the director must be

12         exercised in strict adherence to park policy

13         rules approved by resolution of the board of

14         county commissioners; providing an effective

15         date.

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17  Be It Enacted by the Legislature of the State of Florida:

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19         Section 1.  Subsection (2) of section 3 of chapter

20  89-449, Laws of Florida, as amended by chapters 97-347 and

21  98-483, Laws of Florida, is amended to read:

22         Section 3.  Powers and duties.--

23         (2)  It shall be the duty of any person designated as a

24  county park enforcement officer (park ranger) to issue

25  citations for any offenses which occur within a county park

26  boundary, public beaches, county operated parking facilities,

27  and public areas immediately adjacent to county parks, and

28  which are either prohibited by ordinance enacted by the Board

29  of County Commissioners of Collier County or are specifically

30  prohibited by this section. Except at such times and in such

31  manner as then not prohibited by law and to the extent


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    1999 Legislature                     HB 2167, Second Engrossed



  1  expressly authorized in advance and in writing by permit

  2  issued by the director of the department in strict adherence

  3  with policy rules of the department approved by resolution of

  4  the Board of County Commissioners, it shall be such an offense

  5  to:

  6         (a)  Willfully mark, deface, disfigure, injure, tamper

  7  with, or displace or remove any building, bridge, table,

  8  bench, fireplace, railing, paving, or paving material, water

  9  line or other public utility or parts appurtenant thereof,

10  signs, notices or placard whether temporary or permanent,

11  monuments, stakes, posts, or other boundary markers or other

12  structures or equipment, facilities, or any other county park

13  property or any appurtenances whatsoever, either real or

14  personal.

15         (b)  Cut, break, mutilate, injure, disturb, sever from

16  the ground or remove any growing thing, including, but not

17  limited to, any plant, flower, flower bed, shrub, tree, growth

18  or any branch, item, fruit or leaf thereof; or bring into or

19  have in his possession in any county park any tool or

20  instrument which could be used for the cutting thereof, or any

21  garden or agricultural implements or tools which could be used

22  for the removal thereof; or pile or maintain any material or

23  debris of any kind against or upon the same or attach any

24  rope, cable or other contrivance thereto; or set fire to any

25  trees, shrubs, plants, flowers, grass, plant growth or living

26  timber, or suffer any fire upon land to extend into park

27  lands; or go upon any prohibited lawn, grass plot or planted

28  area, except at such times and in such manner as the director

29  of the parks and recreation department may designate.

30         (c)  Throw, discharge, or otherwise place or cause to

31  be placed in the waters of any fountain, pond, lake, stream,


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    ENROLLED

    1999 Legislature                     HB 2167, Second Engrossed



  1  bay, or other body of water in or adjacent to any county park

  2  or any tributary, stream, storm sewer, or drain flowing into

  3  such waters, any substance, matter or thing, liquid or solid,

  4  which will or may result in the pollution of said waters.

  5         (d)  Carry, possess, or drink any alcoholic beverage

  6  liquor in any park or in any park building or other park

  7  structure except as authorized for wedding receptions and

  8  other special events.

  9         (e)  Enter or exit any park facility except at

10  established entrance ways or exits, or at established times.

11         (f)  Attach any posters, or directional signs, or

12  advertisements to trees or any other tangible property except

13  bulletin boards and other displays designed for such postings.

14         (g)  Cause or permit a dog or other domestic animal to

15  enter any park facility except for animal shows and other

16  substantially similar special events as then authorized by

17  rules of the department that have been approved by the board

18  of county commissioners.

19         (h)  Build fires except in specified areas in county

20  parks on cooking grills provided therein, except bonfires

21  directly related to special events may be authorized by the

22  director of the department on a case-by-case basis as then

23  authorized by rules of the department approved by the board of

24  county commissioners.

25         (i)  Drive any unauthorized vehicle on any area within

26  the park except the paved park roads or parking areas; or park

27  any an authorized vehicle in other than an established or

28  designated parking area; or park any unauthorized vehicle in

29  the county park area overnight.

30         (j)  Ride a bicycle on other than a paved vehicular

31  road or path designated for that purpose; leave a bicycle in a


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    ENROLLED

    1999 Legislature                     HB 2167, Second Engrossed



  1  place other than a bicycle rack when such is provided, or

  2  leave a bicycle lying on the ground or paving or any place or

  3  position so as to present any obstruction to pedestrian or

  4  vehicular traffic.

  5         (k)  Violate any rule for the use of the park which has

  6  been posted on any park sign in a particular park pursuant to

  7  approval by the board of county commissioners including rules

  8  and regulations posted on the grounds or buildings in said

  9  parks.

10         (1)  Possess, carry, or transport on or about their

11  person any glass bottle orcontainer out of doors in any county

12  park.

13         (m)  Injure, kill, molest, collect, possess, or cause

14  direct or indirect injury to any species of sea turtle, gopher

15  tortoises, live sand dollars, shorebirds, birds of prey, live

16  shells, and live sea stars or to interfere, destroy, or tamper

17  in any way with the nesting of the sea turtle, birds of prey,

18  gopher tortoises, or shorebirds.

19         (m)(n)  Operate or cause to be operated a hand, animal,

20  motor, or engine driven wheel, track or other vehicle or

21  implement on, over or across any part of the sand dune, hill

22  or ridge nearest the Gulf of Mexico, or the vegetation growing

23  thereon or seaward thereof, or to operate or drive such a

24  vehicle on the area seaward thereof, commonly referred to as

25  the beach.

26         (n)  Injure, kill, molest, interfere or tamper with,

27  destroy, collect, carry, transport, possess, or otherwise

28  cause any physical harm to any living turtle, tortoise,

29  shorebird, bird of prey, sand dollar, shellfish, sea star, or

30  any nesting of any such living thing except to the extent

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    ENROLLED

    1999 Legislature                     HB 2167, Second Engrossed



  1  expressly authorized by permit issued by the State of Florida

  2  or an agency thereof.

  3         Section 2.  This act shall take effect upon becoming a

  4  law.

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