§ 5.04.07. Annual Beach Events Permit

A.

The owner of beach -front commercial hotel -resort property shall apply for an annual beach events permit. The County Manager or designee, may grant the permit following review of an application for such permit. The application shall be submitted on the form prescribed by Collier County together with the applicable fee for the number of planned annual beach events as indicated on the permit form and exhibits thereto. Permits issued pursuant to this section are not intended to authorize any violation of F.S. § 370.12, or any of the provisions of the Endangered Species Act of 1973, as it may be amended.

B.

For purposes of this section, a " beach event" shall mean and refer to any social, recreational or entertainment event (whether public or private), conducted on the beach and satisfying one or more of the following criteria:

1.

The event involves the use of dining/picnic tables and chairs, serving tables, or other ancillary equipment typically used to serve an on-site meal; or

2.

The event involves the use of staging equipment, amplified music, or the use of other types of electrical equipment for purposes of enhanced light and/or sound; or

3.

The event:

(a)

Is attended by 25 or more people and is organized by or with the help of the commercial property owner; and

(b)

Is of a nature not commonly associated with the day-to-day use of the beach by the general public.

C.

Notice of scheduled events:

1.

On or before the 25th day of each calendar month, the holder of such permit shall cause Collier County to be furnished with written notice of all beach events scheduled for the following month, in the form and content made a part of the annual beach events permit application. The notice shall indicate the date, time and duration of each event.

2.

If a beach event is scheduled after the monthly notification has been furnished to Collier County, the property owner shall furnish the county with a separate written notice at least 48-hours prior to such event.

3.

All notices or documents furnished to Collier County pursuant to the permit or these regulations shall be sent to Collier County Planning Services Department and for events that occur during sea turtle nesting season, to the Collier County Natural Resource Department as well.

D.

Event cancellations and postponements:

1.

If a scheduled beach event is canceled or postponed, the property owner shall furnish Collier County with written notification of such cancellation or postponement. It is understood that weather conditions may cause last minute cancellations, however the property owner shall make every effort to notify the county staff a minimum of four hours prior to the scheduled event time. If such event is rescheduled, notice of the date and time of the rescheduled event shall be provided.

2.

If a beach event is canceled or postponed, and no other beach events are scheduled for the date of the canceled/postponed event, and Collier County has been notified of such cancellation or postponement, then the canceled or postponed event shall not count towards the maximum number of beach events authorized by the permit.

E.

Sea turtle nesting season. Annual beach events which occur during sea turtle nesting season (May 1st through October 31st of each year) are also subject to the following regulations:

1.

All required Florida Department of Environmental Protection (FDEP) field permits, shall be obtained and a copy furnished to Collier County prior to the time of the scheduled event as set forth in section 5.04.07(C).

2.

Consistent with section 10.02.06, and the Code of Laws of Collier County, no structure set up, or beach raking or mechanical cleaning activity for any particular beach event shall commence until after monitoring conducted by personnel with prior experience and training in nest surveys procedures and possessing a valid Fish and Wildlife Conservation Commission Marine Turtle Permit has been completed.

3.

Prior to all scheduled beach events, every beach event permit holder is required to rope off (or otherwise identify with a physical barrier) an area with no less than a 15-foot radius out from each sea turtle nest that has been identified and marked on a beach , unless a greater distance is required by an applicable state permit.

4.

Use of vehicles on the beach is prohibited, except as may be permitted under section 10.02.06 I.

5.

Consistent with section 10.02.06, all materials placed on the beach for the purpose of conducting permitted beach events: 1) must be removed from the beach by no later than 9:30 p.m. of the date of the event; and 2) no structures may be set, placed, or stored on, or within ten feet of any beach dune, except that materials may remain in an identified staging area until 10:00 p.m. The location and size of all staging areas will be as identified in the permit.

6.

All lights that are visible from the beach and cast a shadow thereon shall be turned off by no later than 9:00 p.m. of the date of the event.

7.

Identification of sea turtle nests on the beach may cause the beach event to be relocated from its planned location or to have additional reasonable limitations placed on the event pursuant to the recommendation of Collier County staff in order to protect the identified sea turtle nests in this permit; except that county staff may relocate a staging area as provided for in section 5.04.07, as part of its daily sea turtle monitoring.

8.

Pole lighting, and any other object or structure designed to penetrate the beach surface by more than three inches shall be subject to the approval of the FDEP and Collier County.

9.

A copy of all notices required by any permit or these regulations must also be provided by the permit holder to the County Manager or designee.

Note: When a state permit is more restrictive than the Code requirements, the State requirements shall supersede, and the county shall enforce these requirements.

F.

Penalties. Notwithstanding the penalties set forth elsewhere in this Code, the following violations of this section are subject to the following penalties, except that the annual beach events permit may not be suspended or revoked:

1.

Violations which do not occur during sea turtle nesting season, i.e., occur outside of sea turtle nesting season, are subject to up to a $500.00 fine per violation.

2.

Violations which occur during sea turtle nesting season and are:

a.

Any activity that may cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) setting up a beach event prior to daily sea turtle monitoring; 2) failing to remove beach event materials from the beach by 9:30 p.m.; 3) failing to have lights, so required, turned out by 9:00 p.m.; or 4) not placing additional barriers around nests as required by section 5.04.06; are subject to the following penalties:

First violation: $1,000.00 fine.

Second violation: $2,500.00 fine.

Third or more violation: $5,000.00 fine.

b.

Any activity that would not cause immediate harm to sea turtles or their nesting activities; which include, but are not limited to the following: 1) failing to notify the county of a beach event; 2) failing to provide the county with copies of Florida Department of Protection permits prior to each beach event; or 3) having beach event materials or related structures set, placed, stored on, or within ten feet of any beach dune; are subject to up to a $500.00 fine.

(Ord. No. 05-27, § 3.CC; Ord. No. 09-55, § 3.B; Ord. No. 10-23, § 3.HH)