§ 54-335. Activities within preserve lands.

(a)

Alcoholic beverages. Possession or consumption of alcoholic beverages within any County preserve boundary is prohibited. This prohibition may be waived upon application to and approval by the Collier County Board of County Commissioners.

(b)

Audio devices. Radios, tape players, electronic musical instruments, and all other audio devices are permitted so long as they are played at volume levels that do not disturb, annoy, injure, or endanger the comfort, health, peace, or safety of the wildlife or reasonable persons of ordinary sensibilities or unnecessarily detract from a peaceful atmosphere and enjoyment of the preserve. Such noise shall not be heard within any preserve land from a location more than 50 feet from the source of the noise, unless a special permit has been issued for such use.

(c)

Boating. Boating is permitted only in trails, channels, estuaries, or areas specifically designated for such use. Boaters shall obey all posted restrictions and safe boating rules and regulations. Boats shall not be operated in such a manner as to molest or harm wildlife or to cause damage to aquatic life, including sea grass beds, substrate, or County property.

(d)

Camping.

(1)

Camping is strictly prohibited at all times unless specifically permitted by the County as set forth below. When permitted, camping shall be limited to those areas specifically designated for such use. Campers shall obey all rules and regulations.

(2)

Campers must obtain a permit and copies of the rules and regulations from the County prior to camping. Campers must have a valid permit and a valid picture identification card while camping. It shall be unlawful for any person to camp on any preserve land for a period of time in excess of (14) days in a thirty (30) day period.

(3)

All waste shall be placed in disposal containers where provided. Where no disposal containers are provided, or where the containers provided are full, all waste shall be carried away by the user of the camping area and properly disposed of outside the preserve boundaries.

(4)

Tents shall be stand-alone type and may not be attached to trees or any other vegetation or structure with any wire, rope, extension brace, support, fastener, or any other device.

(e)

Commercial activities within preserve boundaries. No person or organization other than County licensed vendors or non-profits invited to participate in a County event and selling items for fundraising purposes shall conduct business within preserve boundaries. All preserve visitors must enter and exit the preserve at designated entrance and exit points. Groups exceeding 30 persons require insurance and advance authorization.

(f)

Fires. No person shall dispose of any burning matches, smoking materials or other flammable materials except in designated receptacles. No person shall ignite or attempt to ignite a fire, except for campfires made in approved areas and designated for such use and with a valid camping permit. Camping permits must be presented upon request by County staff or law enforcement officers. Campfires or any other open burning, even in approved areas, may be prohibited when deemed necessary by the County or by restrictions mandated by state or federal agencies.

(g)

Fishing. Fishing is prohibited except where permitted in those public areas designated for such activity. Persons fishing shall obey all state and federal laws pertaining to fishing as well as any posted rules and regulations. It is the responsibility of those fishing to know those federal and state guidelines. It shall be unlawful for any person while in preserve boundaries to intentionally fish for sharks or to fish by those methods commonly known as "chumming" or "blood-baiting."

(h)

Hiking. Walking, running, jogging, and/or hiking is permitted only along trails or pathways or areas specifically designated for such use or uses and during posted hours.

(i)

Horseback riding. Pursuant to Collier County Ordinance 76-13, F.S. §§ 585.15-19 and 585.671, and Florida State Department of Agriculture and Consumer Services, Chapter 5C-18, all horses entering Collier County preserves must be accompanied by the original or a laboratory certified copy or a notarized copy of a VS Form 10-11 (Apr 90), known as a "Coggins card" as evidence of a negative equine infectious anemia test within the previous 12 months. A "Coggins Card" must be presented upon demand by County staff or law enforcement officer. Horse owners that cannot present such evidence may be asked to leave preserve property. Horseback riding is permitted only along trails or in areas specifically designated for such use. Horses shall be thoroughly broken, properly restrained, and ridden with due care. Horses shall not be allowed to graze or go unattended and must be on a lead at all times. Horses may only be hitched to hitching posts clearly identified for such use. No horse-drawn carriages, carts, or wagons shall be allowed or used with preserve lands.

(j)

Hunting. No hunting is permitted in any County managed preserve unless it is in accordance with a State Wildlife and Environmental Area or County approved Hunt Program. Permit-based harvesting of wild game on County preserves, where a County approved Hunt Program is included within an approved Management Plan, is authorized pursuant to the following terms and conditions:

(1)

The County Manager, or his or her designee, is hereby delegated the authority to regulate the issuance of hunting permits.

(2)

The harvesting of wild game in preserves shall be in accordance with and subject to all applicable federal and state laws and regulations, including, but not limited to, F.S. ch. 372, and Title 68A, Florida Administrative Code, which are incorporated herein and made a part hereof, and in addition to any penalties those provisions may provide, violation of same shall also constitute a violation of this section.

(3)

The County reserves the right to, and may from time to time, adopt rules pertaining to the harvesting of wild game in preserves that are more restrictive than minimum rules promulgated by the state.

(4)

Any person who refuses to obey an order to leave a preserve given by law enforcement or authorized County personnel, whether for lack of a valid hunting permit or other reason, shall be in violation of this section and may be referred to law enforcement for violation of F.S. § 810.09. If the person refusing to leave is in possession of a dangerous weapon, such referral shall be based upon F.S. § 810.09(2)(c).

(k)

Interference with County's authorized lessee or his or her property. No visitor to or contractor working on County preserve lands shall touch or interfere with any livestock or property belonging to an authorized lessee or interfere with the use of County property by an authorized lessee.

(l)

Miscellaneous. No person shall engage in any activity within preserve boundaries that is dangerous to the health, safety, or welfare of any person or that would cause damage to the property of other patrons or preserve property. Nor shall any person engage in any activity with preserve boundaries that interferes with the use and enjoyment of the preserve lands and its facilities by other patrons. Requests to conduct activities not identified within this Ordinance may be submitted to the County Manager, or his or her designee, and will be determined with primary consideration of conservation management goals on a case-by-case basis and potentially allowed through a permit process. Some activities may require payment of a rental fee as well.

(m)

Nudity. It shall be unlawful for any person, over the age of four years, to appear nude in any preserve land, including but not limited to, appearing nude to sunbathe, subject to the exemptions listed below:

(1)

In a restroom or shower facility;

(2)

In a privately owned, fully-enclosed, temporary dwelling used for camping at camp sites;

(3)

When the conduct of being nude cannot constitutionally be prohibited by County ordinance because it is otherwise protected pursuant to the United States Constitution or the Florida Constitution under existing judicial decisions;

(4)

When a mother is breast-feeding her baby, and then only to the extent reasonably necessary to allow breast-feeding.

(n)

Pets. No pets will be permitted in preserves unless an approved Management Plan indicates that pets are allowed within a preserve. Where pets are permitted, such permission will be posted on preserve signage and pets shall be confined to designated areas of the trails and on hand-held leashes at all times. Those persons in possession or control of domestic animals on County preserve lands including authorized County lessees, shall obey all County ordinances and state statutes and regulations regarding animal control, care, feeding and cruelty, except as specifically provided in this Ordinance, including, but not limited to, Collier County Ordinance 2008-51, as amended, pertaining to animal control and F.S. §§ 828.13—828.26, pertaining to animal cruelty.

(o)

Picnicking.

(1)

Picnicking is permitted only in areas specifically designated for such use. The use of picnic facilities including tables, benches, and shelters, is on a "first-come, first-served" basis unless users have reserved and paid for use of picnic area.

(2)

All refuse, waste, and trash shall be placed in disposal containers where provided. Where no disposal containers are provided, or where the containers provided are full, all refuse shall be carried away by the user of the picnic facility and properly disposed of outside of the preserve boundary.

(p)

Public use. The County reserves the right to limit public access to any preserve lands or portion thereof when deemed necessary to accommodate land management operations such as prescribed fire and restoration projects or when public use is deemed a disturbance to any preserve land or wildlife.

(q)

Smoking. Smoking is prohibited on trails. Smoking may be prohibited by the County, in its sole discretion, when necessary for fire control purposes. No person shall dispose of any burning matches, smoking materials or other flammable materials except in designated receptacles.

(r)

Swimming. Swimming, bathing, or wading is prohibited except in those public areas designated for such activity.

(s)

Fireworks and explosives. No person shall have in his or her possession nor shall any person discharge any fireworks or explosives within or into preserve boundaries.

(t)

Trash. No person shall dispose of trash, garbage debris, waste, cigarette butts or other such materials within preserve boundaries. All items resulting from allowable activities within preserve lands, such as picnicking and camping, shall be disposed of in containers where available and clearly marked or shall be removed from the preserve.

(u)

Vendors. No person or organization other than the County and the County's invited non-profit participants in a County event selling items for fundraising purposes or regularly licensed concessionaires acting by and under the authority of the County shall offer for sale, rent, or trade, any article, or station or place any stand, cart, or vehicle, for the transportation, sale or display of any article of merchandise within the boundaries of a County preserve.

(v)

Carrying Capacity. The County reserves the right to limit certain activities within any preserve land when, in the County's sole discretion, an area has reached its carrying capacity for such activities.

(Ord. No. 2011-38, § 5)