Ordinance 2003-19 ORDINANCE NO. 2003-19
ORDINANCE AMENDING SECTI.O_N_ OF THE
LLIER COUNTY CODE OF LAWa apqD130-3
ORDINANCES,
~LSO CITED AS ORDINANCE NO. 83-35, §1, RELATING TO
RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM
USING THE LEFI' LANE ON MULTI-LANE ROADWAYS,
EXCEPT FOR PASSING OR PREPARING TO MAKE A
LEFT TURN; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN CODE
OF LAWS AND ORDINANCES; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Section 316.555, Florida Statutes, authorizes any local authority to regulate
or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles,
trailers, or semitrailers on any highways or specified parts thereof under its jurisdiction,
whenever in its judgment, such regulation or prohibition is necessary to provide for the public
safety and convenience on the highways, or parts thereof, by reason of traffic density, intensive
use thereof by the traveling public, or other reasons of public safety and convenience; and
WHEREAS, the Board of County Commissioners of Collier County has determined that,
by reason of traffic density, intensive use by the traveling public and in. the interest of public
safety and convenience, it is in the best interest and benefit of the citizens of Collier County to
prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from using
the left lane on all multi-lane roads or streets in Collier County, except for passing or preparing
to make a left turn, whenever such road or street is posted with signs prohibiting such operation;
and
WHEREAS, the Board of County Commissioners previously enacted Ordinance No.
83-35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated
the operation of trucks of over one ton weight; and
WHEREAS, the Board of County Commissioners of Collier County desires to amend
Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance No. 83-35 § 1,
to prohibit trucks or other commercial vehicles with a rated capacity in excess of 5 tons from
using the left lane on all multi-lane roads or streets in Collier County whenever such road or
street is posted with signs prohibiting such operation;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that
SECTION ONE: AMENDMENTS TO SECTION 130-3.
Section 130-3 is amended to read as follows:
..... t. are deleted.
Words underlined are added; words ....... through
Sec. 130-3. Operation of trucks over one ton weight.
(a) No person shall operate any truck or other commercial vehicle with a rated capacity in
excess of one ton upon any road or street in the county whenever such road or street is posted
with signs prohibiting such operation, except as hereinafter provided.
(b) No person shall operate any truck or other commercial vehicle with a rated capacity in
excess of five tons upon the left lane of any multi-lane road or street in the county, except for
passing or preparing to make a left turn, whenever such road or street is posted with signs
prohibiting such operation, 'except as hereinafter provided.
,ujt~'x (c) The county administrator is authorized to determine those roads and streets upon' which
such vehicles are to be prohibited, and those roads and streets upon which such vehicles'
operation in the left lane is restricted, and, with the approval of the board of county
commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads
and streets so designated and on the roads and streets approaching the roads and streets so
designated, where applicable.
(c~) (d) The provisions of this section shall not be applicable to the following:
(1) The operation of emergency vehicles.
(2) The operation of any vehicle owned or operated by a governmental agency, public
utility or contractor while engaged in the repair, maintenance or construction of
roads, streets, utilities or structures along the roads and streets designated in
accordance with this section.
(3) The operation of garbage or trash tracks while actually engaged in the collecting
of garbage or trash along the roads and streets designated in accordance with this
section.
(4) The operation of a vehicle upon any road or street where necessary to the conduct
of business, provided that such vehicles shall enter such designated roads and
streets at a safe intersection nearest the destination of the vehicle and shall
proceed thereon no farther than the nearest intersection thereafter.
~Jt'~x (e) Any person who violates the provisions of this section shall be subject to prosecution in
the manner prescribed by general law; and upon conviction, such person shall be subject to a
fine, imprisonment, or both a fine and imprisonment as provided by general law.
SECTION TWO: CONFLICT AND SEVERABILITY.
In the event this ordinance conflicts with any other ordinance of Collier County or other
applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
Words underlined are added; words ..... t. ,~. ..... ~' are deleted.
separate, distinct, and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered or
relettered to accomplish such, and the word "ordinance" may be changed to "section", "article", or
any other appropriate word~
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effective upon filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this 22~ day of ~-0 ,2003.
ATTEST:
DWIGHt,''E'.''BRDCK, Clerk
Approved as to form and
legal sufficiency:
Assistant County Attomey
BOARD OF COUNTY COMMISSIONERS
Tom Henning, Chairman
q-2z-o:
This ordinance filed with the
S.e~:_ retary of State's Office the
day o{ _, 2a0 ..
and ~:knowledgemmat of that
filina received this ~ day
o
Words underlined are added; words :tp-'-ek xhrcugh are deleted.
STATE OF FLORIDA)
COUNTY OF COLLIER)
I, DWIGHT E. BROCK, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do hereby
certify that the foregoing is a true copy of:
ORDINANCE NO. 2003-19
Which was adopted by the Board of County Commissioners on
the 22nd day of April, 2003, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this
of April, 2003.
DWIGHT E. BROCK ~--~_
Clerk of cour. ts and Cli.~
Ex-offic~,%':~'.~-~oard of
Count~ '~i~ ~ne rs
By..~a~r~c%a L. ~r an,