§ 146-39. Concession operations, equipment rentals and vendors on the beach and adjoining waters.

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)