Agenda 01/13/2015 Item #17E 1/13/2015 17.E.
EXECUTIVE SUMMARY
Recommendation to adopt an ordinance to be known as the Collier County Anti-
Harassment Ordinance, making it a misdemeanor to harass a bicyclist, pedestrian, runner,
or a person in a wheelchair using the public right-of-way.
OBJECTIVE: To enhance public safety
CONSIDERATIONS: On October 7, 2014, the Collier County Board;of Commissioners
conducted a workshop on bicycle safety. During this workshop it became apparent through
public testimony and presentations that a significant threat exists to bicyclists, pedestrians,
runners, and other non-motorized users of the public right-of-way who are frequently harassed
and endangered by motorists. It was apparent through this public testimony that existing State
statutes are insufficient to protect the safety of bicyclists, pedestrians, runners, and other non-
motorized users of the public right-of-way,thereby requiring local action.
At its December 9, 2014 regular meeting,the Board authorized the County Attorney to advertise
the proposed Ordinance for future consideration.
FISCAL IMPACT: The cost to advertise the proposed Ordinance was $192.60.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney. A
search of the Municode on-line library resulted in my finding very few ordinances of this nature
being enacted on a national basis, and no similar ordinance enacted in Florida. Accordingly, I
have not located any legal precedent as to the enforceability of such an ordinance. With that
said, since the primary duty of local government is public safety, and given Florida's extensive
home-rule powers, I believe that the proposed ordinance (which was taken from a Columbia,
Missouri ordinance)is legally sufficient. This item requires majority vote for approval. -JAK
RECOMMENDATION: That the Board of County Commissioners adopts the attached
ordinance to be known as the Collier County Anti-Harassment Ordinance, making it a
misdemeanor to harass a bicyclist, pedestrian, runner, or a person in a wheelchair using the
public right-of-way.
PREPARED BY: Commissioner Georgia Hiller,District 2
Attachments—Proposed Ordinance;Transcript of October 7,2014 workshop.
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COLLIER COUNTY
Board of County Commissioners
Item Number: 17.17.E.
Item Summary: Recommendation to adopt an ordinance to be known as the Collier
County Anti-Harassment Ordinance, making it a misdemeanor to harass a bicyclist, pedestrian,
runner, or a person in a wheelchair using the public right-of-way.
Meeting Date: 1/13/2015
Prepared By
Name:NeetVirginia
Title: Legal Assistant/Paralegal, CAO Office Administration
12/22/2014 12:37:43 PM
Submitted by
Title: County Attorney,
Name: KlatzkowJeff
12/22/2014 1 2:37:44 PM
Approved By
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/31/2014 11:19:32 AM
Name: IsacksonMark
Title: Director-Corp Financial and Mngmt Svs, Office of Management&Budget
Date: 12/31/2014 12:54:33 PM
Name: KlatzkowJeff
Title: County Attorney,
Date: 12/31/2014 2:20:42 PM
Name: OchsLeo
Title: County Manager,County Managers Office
Date: 1/6/2015 9:27:33 AM
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1/13/2015 17.E.
ORDINANCE NO. 2015 -
AN ORDINANCE CREATING THE COLLIER COUNTY ANTI-
HARASSMENT ORDINANCE, MAKING IT A MISDEMEANOR TO
HARASS A BICYCLIST, PEDESTRIAN, RUNNER, OR PERSON IN A
WHEELCHAIR USING THE PUBLIC RIGHT-OF-WAY; PROVIDING
FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 7, 2014, the Collier County Board of Commissioners (Board)
conducted a workshop on bicycle safety; and
WHEREAS, during this workshop it became apparent to the Board through public
testimony and presentations that a significant threat exists to bicyclists, pedestrians, runners, and
persons in wheelchairs who are using the public right-of-way and frequently harassed and
endangered by motorists; and
WHEREAS, Collier County's climate fosters use of the right-of-way by bicyclists,
pedestrians, runners, and persons in wheelchairs using the public right-of-way; and
WHEREAS, Board of County Commissioners finds that existing State statutes are
insufficient to protect the safety of bicyclists, pedestrians, runners, and persons in wheelchairs
using the public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Title
This ordinance shall be known as the Collier County Anti-Harassment Ordinance.
SECTION TWO. Harassment of a bicyclist, pedestrian, runner, or person in a
wheelchair using the public right-of-way.
A person commits the offense of harassment of a bicyclist, pedestrian, runner, or person
in a wheelchair using the public right-of-way if the person:
(1) Knowingly throws an object at or in the direction of any person riding a bicycle,
walking, running, or operating a wheelchair for the purpose of frightening, disturbing or
injuring that person; or
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(2) Threatens any person riding a bicycle, walking, running, or operating a wheelchair for
the purpose of frightening or disturbing that person; or
(3) Sounds a horn, shouts or otherwise directs sound toward any person riding a bicycle,
walking, running, or operating a wheelchair for the purpose of frightening or disturbing
that person; or
(4) Knowingly places any person riding a bicycle, walking, running, or operating a
wheelchair in apprehension of immediate physical injury; or
(5) Knowingly engages in conduct that creates a risk of death or serious physical injury to
any person riding a bicycle,walking, running, or operating a wheelchair.
SECTION THREE. Penalties
Violation of this ordinance shall be punishable by a fine not to exceed $500.00 and/or by
imprisonment in the County jail up to 60 days.
SECTION FOUR. Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FIVE. 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 the Ordinance is held
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and such holding shall not affect the validity of the
remaining portion.
SECTION SIX. Effective Date
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this day of , 2015.
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
By: By:
, Deputy Clerk , CHAIRMAN
Approv as o or . - e �telity:d
Jeffrey A. la ;:',ow, County Attorney
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October 7, 2014
MINUTES OF THE COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS WORKSHOP
Naples, Florida, October 7, 2014
LET IT BE REMEMBERED the Board of County Commissioners in and for the
County of Collier, having conducted business herein, met on this date at 1:00 PM in a
WORKSHOP SESSION in Building "F" of the Government Complex, Naples, Florida
with the Following members present:
Chairman: Tom Henning
Vice Chairman: Tim Nance
Donna Fiala (Excused)
Fred Coyle (Excused)
Georgia Hiller
ALSO PRESENT:
Leo Ochs, County Manager
Jeff Klatzkow, County Attorney
Troy Miller, Manager, Television Operations
Tim Durham, Executive Manager, Corporate Business Operations
Nick Casalanguida, Administrator, Growth Management Division
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COLLIER COUNTY
Board of County Commissioners
Community Redevelopment Agency Board (CRAB)
Airport Authority
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WORKSHOP AGENDA
Board of County Commission Chambers
Collier County Government Center
3299 Tamiami Trail East, 3rd Floor
Naples FL 34112
October 7, 2014
1:00 P.M.
Commissioner Tom Henning, District 3 - BCC Chair
Commissioner Tim Nance, District 5 - BCC Vice-Chair; TDC Chair
Commissioner Donna Fiala, District 1 - CRAB Chair
Commissioner Georgia Hiller, District 2 - Community & Economic Dev. Chair
Commissioner Fred W. Coyle, District 4 - CRAB Vice-Chair
I. Pledge of Allegiance
2. Bicycle Safety
3. Public Comment
4. Adjourn
Notice: All persons wishing to speak must turn in a speaker slip. Each speaker will receive no more than three(3)minutes.
Collier County Ordinance No.2003-53 as amended by Ordinance 2004-05 and 2007-24,requires that all lobbyists shall,
before engaging in any lobbying activities(including but not limited to,addressing the Board of County Commissioners),
register with the Clerk to the Board at the Board Minutes and Records Department. •
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October 7, 2014
Any persons in need of the verbatim record of the meeting may request a copy of the video recording
from the Collier County Communications and Customer Relations Department or view online.
1. Pledge of Allegiance
The meeting was called to order at 1:00 p.m. and the Pledge of Allegiance was recited.
2 Bicycle Safety
Mr. Durham provided the following documents for informational purposes:
"Bike Safety Findings by Tim Durham, April 2014. "
"Traffic Safety Facts—2012 Data"-National Highway Traffic Safety Administration.
"Road Safe—Bicycle Laws &Safety Tips"—Collier County Sheriffs Office
"Deadly Streets"— September 11 -17, 2014, an article in the Naples publication of Florida Weekly
He provided an overview of statistics involving bicycle accidents and fatalities and measures that
are being undertaken to improve safety, which include: educating drivers on requirements for cyclist
interaction, enhanced demarcation of bike lanes, intersection improvements, signage, etc.
Improving bike safety revolves around the"3E's" —Education, Enforcement and Engineering.
Stacy Revay, Project Manager,Transportation Planning,presented the PowerPoint"Bike and
Pedestrian Safety— Transportation Planning, October 7, 2014. " She provided an overview on the
status of County infrastructure and planned improvements for bike lanes, multi-use pathways,
sidewalks, etc. The presentation included the map "Collier County MPO Pedestrian and Bicycle
Safety Study—Crash Clusters and Crash Corridors" which highlighted areas with the highest
frequencies of accidents.
Under Commission member discussion the following was highlighted:
• Statistics are essential, but identifying the cause of accidents at various locations is
instrumental to ensure funds are expended wisely to address safety issues.
• Areas subject to the greatest use by cyclists should be identified so adequate safety measures
may be incorporated into new designs or retrofitted into existing conditions to improve safety.
• New projects should seek to utilize a multi-use pathway concept, adjacent to, but off roadways.
• Staff reported the Growth Management Division is reviewing crash clusters to determine any
improvements that may be implemented. The design of new roadways now incorporates multi-
use pathways where feasible.
Reed Jarvi, Transportation Planning reported the Metropolitan Planning Organization is conducting
an analysis of accident data and will report their findings to the Board for review.
3. Public Comment
Speakers
Tish Kelly reported she is an avid cycler and she and her husband have suffered severe injuries as
a result of a vehicle/bicycle collision. The state of Florida has the highest rate, per capita, of bike
related accidents, with Collier County as one of the state's worst. She expressed concern on the lack
of enforcement for drivers in violation of bike laws. According to recent data, at least 50% of
accidents were the fault of the motorist, with only 1 citation issued.
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October 7, 2014
She recommended laws be changed to provide strict punishment and greater accountability for
motorists. She requested the BCC assist in improving safety for cyclists, making Collier County a
model for other localities.
Jeff Michelland,Attorney, submitted the document"Suggested Law Changes" which outlined
proposed legislative changes to improve enforcement and punishment for violators of bike related
motor vehicle laws. For example, under the current law, a motorist causing serious bodily injury or
death of a cyclist is only punished with a maximum $500.00 fine and 120 hours of community service.
He requested the Board of County Commissioners endorse the proposed changes and place it on their
list of priorities for legislative changes.
Bill Beynon, Naples Velo noted it is not only avid cyclists who are at risk, but casual riders as well.
Education of both motorists and riders is important to improve safety conditions. The organization is
working with Ms. Revay and the Collier County Sheriff's Department to identify means to improve
rider safety.
Beth Brainard reported the design of roadways needs to incorporate all users' needs, not just motor
vehicles operators. She requested the County endorse a"Complete Streets Policy"which promotes
design and construction of roadways for the safety of all users.
Mitch Norgardt noted the safety of all users on roadways is an issue that includes cyclists, runners,
tri-athletes and a strong component of any safety program is public education. An outreach program
should target organizations such as homeowner associations, area business groups, country clubs, etc.
to educate the public on bike and motor vehicle safety.
Milton Quinonez, a victim of a cycling collision recommended stricter penalties be developed for
those violating the laws. He noted "harassment"of cyclists by motor vehicle operators is a major
problem, with individuals targeting riders intentionally; as was the case in his accident.
Don Rupprecht, Naples Pathways Coalition—Bicycle Safety Committee reported they are working
on a report to identify the cause of collisions and preventive measures which may be undertaken to
improve safety and reduce accidents. The report will include recommendations and action items and
will be made available to the Board of County Commissioners.
Joe Bonness, Naples Pathway Coalition noted most multi-lane roadways are constructed without
considering all users of the roads, including cyclists, etc. The key is pre-construction engineering and
ensuring adequate funding for multi-use infrastructure is available before roadways are developed.
He recommended the BCC consider adopting a local ordinance which may address gaps in state
statutes. Examples include imposing punishment for"harassment" and restricting the width of
landscape maintenance trailers which in some cases are much wider than tow-vehicles, encompassing
the entire travelled way of the road.
Joe Adams, PAC expressed concern that the statistics may be misleading, as many accidents are
not reported. He recommended law enforcement agencies develop a more detailed reporting system
for accidents involving cyclists. It would be beneficial for the County to develop a"Master Plan"
to address the issue, noting the City of Marco Island does have one in place.
The Board reached consensus:
1. Developing a resolution for the next BCC Legislative Agenda which includes a commitment to
improving the safety interest of cyclists. —Mr. Ochs reported measures are already underway.
2. Developing a County Ordinance which would address the concerns of"harassment"and
"vehicle width"that were outlined by Mr. Bonness (public speaker).
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October 7, 2014
There being no further business for the good of the County, the meeting was adjourned by order
of the Chair at 2:48 p.m.
COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
Chairman,Tom Hen '
Attest
Dwight;E. Brock,,Cierlc,
I _A. .4 .0
Attest as to a),signature only.
These minutes approved by the Board/Committee on (. 2 as presented V
or as amended
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NAPLES DAILY NEWS (( Wednesday, December 31.,2014 u 25D
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NOTICE OF MEETING NOTICE OF MEETING
NOTICE OF INTENT CONSIDER ORDINANCES
Notice is hereby given'that on Tuesday, January 13, 2015, in the Board of County
Commissioners Meeting Room, Third Floor, Collier Government Center, 3299 East
Tamiami Trail, Naples FL, the Board of County Commissioners (BCC) will consider
the enactment of two County Ordinances.The meeting will commence.at 9:00.A.M.
The title of the.proposed Ordinances are as follows !
AN ORDINANCE CREATING THE COLLIER COUNTY ANTI-HARASSMENT ORDINANCE,
MAKING IT A MISDEMEANOR TO HARASS A BICYCLIST,PEDESTRIAN,RUNNER,OR
PERSON IN A WHEELCHAIR USING-THE PUBLIC RIGHT-OF-WAY; PROVIDING FOR
INCLUSION IN CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND
SEVERABILITY;AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE REPEALING ORDINANCE NO.87-65,AS CODIFIED IN SECTION 2-396
• OF THE CODE OF LAWS AND ORDINANCES OF COLLIER COUNTY (INVESTMENT,
REIMBURSEMENT OF SURPLUS PUBLIC FUNDS);PROVIDING FOR INCLUSION IN THE
CODE OF LAWS AND ORDINANCES;PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE
Copies of the proposed Ordinances are on file with the Clerk to the Board and are
available for inspection. All interested parties are invited to attend and be heard.
NOTE:.All persons wishing to,:speak on any agenda item must register with the
County'.Manager prior to presentation of the agenda item to be addressed.
Individual speakers will be limited to 3 minutes on any item The selection of any
individual to speak on behalf'of an organization or group is encouraged., If
recognized by the Chairman,,a spokesperson for a group or organization may be
allotted 10 minutes to speak on an item.
i
Persons wishing to have written or graphic materials included in the Board agenda
packets must submit said material a minimum of.3 weeks prior to the respective
public hearing. In any case, written materials intended to be considered by the
Board shall be submitted to the appropriate County staff a minimum of seven days
prior to the public hearing. All materials used in presentations before the Board
will become a permanent part of the record.
•
Any person who decides to appeal any decision of the Board will need a record of
the proceedings pertaining thereto and therefore,—may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony
and evidence upon which the appeal is based.
If you are a person with .a disability who needs any accommodation in order to
participate in this proceeding, you are entitled, at no cost to you, to the provision
of certain assistance. Please contact the Collier County Facilities Management
Department, located at 3335 Tamiami Trail East, Suite*101, Naples,FL 34112-5356,
(239) 252-8380, at least two days prior to the meeting. Assisted listening devices
for the hearing impaired are available in the Board of-County Commissioners
Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA ,
TOM HENNING,CHAIRMAN
• DWIGHT E.BROCK,CLERK
By:.Teresa Cannon
Deputy Clerk(SEAL)
December 31=2074 No.2043242
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