Agenda 05/11/2021 Item #16A15 (Advertise Ordinance Related to Truck Restrictions on County Roads)05/11/2021
EXECUTIVE SUMMARY
Recommendation to direct staff to advertise an amendment to Section 130-3 of the Collier County
Code of Laws and Ordinances, relating to prohibiting the operation of trucks and other commercial
vehicles with a rated load-carrying capacity in excess of five (5) tons from through movements on
designated public roads and streets in Collier County.
OBJECTIVE: To prohibit the operation of trucks and other commercial vehicles with a rated load-
carrying capacity in excess of five (5) tons from through movements on designated public roads and
streets in Collier County.
CONSIDERATIONS: Currently Section 130-3 (a) of the Code of Laws and Ordinances of Collier
County provides that “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…”
A restriction of one ton is deemed to be too limiting for certain classifications of roadways in Collier
County. A weight restriction of one ton prohibits several models of pickup trucks such as a Ford F-250 or
Ford F-350 from traveling on roadways with truck traffic restrictions under the current ordinance unless
making a local delivery along the road.
FISCAL IMPACT: Advertising costs are estimated at $350. Sufficient funding is available in
Transportation Operations Fund 101 for advertising costs.
GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact.
LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to
form and legality, and requires majority vote for approval. -JAK
RECOMMENDATION: Direct the staff to advertise an amendment to Section 130-3 of the Collier
County Code of Laws and Ordinances.
Prepared by: Daniel G. Hall, P.E., Transportation Engineering Division
ATTACHMENT(S)
1. Ordinance - 5 ton truck restriction (DOCX)
16.A.15
Packet Pg. 450
05/11/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.15
Doc ID: 15717
Item Summary: Recommendation to direct staff to advertise an amendment to Section 130-3 of
the Collier County Code of Laws and Ordinances, relating to prohibiting the operation of trucks and other
commercial vehicles with a rated load-carrying capacity in excess of five (5) tons from through
movements on designated public roads and streets in Collier County.
Meeting Date: 05/11/2021
Prepared by:
Title: Project Manager – Growth Management Development Review
Name: Laurie Beard
04/29/2021 3:06 PM
Submitted by:
Title: Division Director - IF, CPP & PM – County Manager's Office
Name: Amy Patterson
04/29/2021 3:06 PM
Approved By:
Review:
Transportation Engineering Daniel Hall Additional Reviewer Completed 04/29/2021 3:39 PM
Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/29/2021 4:16 PM
Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/30/2021 10:06 AM
Growth Management Department Trinity Scott Additional Reviewer Completed 05/03/2021 8:21 AM
County Manager's Office Amy Patterson Additional Reviewer Completed 05/03/2021 8:56 AM
Growth Management Department Lorraine Lantz Department Head Review Skipped 05/03/2021 10:06 AM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/03/2021 11:05 AM
Office of Management and Budget Susan Usher Additional Reviewer Completed 05/04/2021 9:03 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2021 11:15 AM
County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/04/2021 11:46 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM
16.A.15
Packet Pg. 451
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ORDINANCE NO. 2021 -____
AN ORDINANCE AMENDING SECTION 130-3 OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES,
ALSO CITED AS ORDINANCE NO. 03-19, §1, RELATING
TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS
FROM THROUGH MOVEMENTS ON DESIGNATED
PUBLIC ROADS AND STREETS; PROVIDING FOR
CONFLICT AND SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE OF LAWS AND ORDINANCES;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.008, 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
through movements of trucks or other commercial vehicles with a rated capacity in excess of five
tons on designated public roads and streets; 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 previously enacted Ordinance No. 03-
19, also cited as Section 130-3 of the Collier County Code and Ordinances, which prohibited trucks
or other commercial vehicles with a rated capacity in excess of five tons from using the left lane
on all multilane roads or streets in Collier County whenever such road or street is posted with signs
prohibiting such operation; 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 03-19, as
amended, to prohibit trucks weighing over 5 tons from through movements on designated public
roads and streets.
16.A.15.a
Packet Pg. 452 Attachment: Ordinance - 5 ton truck restriction (15717 : Through Truck Operation over 5 tons)
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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 of the Code of Laws and Ordinances is hereby amended to read as follows:
Sec. 130-3. - Operation of trucks of over one ton posted weight.
(a) No person shall operate any truck or other commercial vehicle with a rated capacity
in excess of one ton or five tons, as deemed appropriate by the county administrator or designee,
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.
(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.
(d) The provisions of this section shall not b e 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 trucks while actually engaged in the collecting
of garbage or trash along the roads and streets designated in ac cordance 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
16.A.15.a
Packet Pg. 453 Attachment: Ordinance - 5 ton truck restriction (15717 : Through Truck Operation over 5 tons)
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streets at a safe intersection nearest the destination of the vehicle and shall
proceed thereon no farther than the nearest intersection thereafter.
(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 sha ll 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 mor e 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 separate, distinct, and independent provision and such holding shall not affec t 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 Or dinances 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 _____ day of ____________, 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA
By: ___________________________ By: _____________________________
, Deputy Clerk Penny Taylor, Chair
Approved as to form and legality:
______________________________
Jeffrey A. Klatzkow, County Attorney
16.A.15.a
Packet Pg. 454 Attachment: Ordinance - 5 ton truck restriction (15717 : Through Truck Operation over 5 tons)