Agenda 05/25/2021 Item #17A (Ordinance - Truck & Commercial Vehicles Restrictions)05/25/2021
EXECUTIVE SUMMARY
Recommendation to approve an Ordinance amending 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 mov ements 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.
On May 11, 2021, the Board heard Item No. 16A15, and directed the County Attorney to advertise for a
public hearing on an Ordinance which would allow for restricting trucks over five tons from through
movements on certain designated roads and streets in Collier County. The item was duly advertised on
May 13, 2021.
FISCAL IMPACT: Cost of advertising this ordinance amendment was $525, and the cost to update
signage reflecting this change is estimated at $500.
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: That the Board of County Commissioners adopts the attached ordinance
amending Ordinance No. 03-19, as codified in Section 130-3 of the Collier County Code of Laws and
Ordinances, to allow for restricting trucks over five tons from through movements on certain designated
roads and streets.
Prepared by: Daniel G. Hall, P.E., Transportation Engineering Division
ATTACHMENT(S)
1. Ordinance - 5 ton truck restriction (with line numbers) (PDF)
2. Ordinance - 5 ton truck restriction (CAO stamped) (PDF)
3. legal ad - 5 ton truck restriction (PDF)
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05/25/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 17.A
Doc ID: 15897
Item Summary: Recommendation to approve an Ordinance amending 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: 05/25/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Wanda Rodriguez
05/13/2021 1:34 PM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
05/13/2021 1:34 PM
Approved By:
Review:
Transportation Engineering Daniel Hall Additional Reviewer Completed 05/13/2021 1:49 PM
Growth Management Department Trinity Scott Transportation Completed 05/14/2021 11:01 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/14/2021 1:02 PM
Office of Management and Budget Laura Wells Level 3 OMB Gatekeeper Review Completed 05/14/2021 1:56 PM
Office of Management and Budget Laura Zautcke Additional Reviewer Completed 05/17/2021 9:54 AM
County Manager's Office Amy Patterson Level 4 County Manager Review Completed 05/17/2021 4:17 PM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/25/2021 9:00 AM
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[21-ECM-02620/1631072/1]
Words underlined are added; Words struck through are deleted.
ORDINANCE NO. 2021 -____ 1
2
AN ORDINANCE AMENDING SECTION 130-3 OF THE 3
COLLIER COUNTY CODE OF LAWS AND ORDINANCES, 4
ALSO CITED AS ORDINANCE NO. 03-19, §1, RELATING 5
TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS 6
FROM THROUGH MOVEMENTS ON DESIGNATED 7
PUBLIC ROADS AND STREETS; PROVIDING FOR 8
CONFLICT AND SEVERABILITY; PROVIDING FOR 9
INCLUSION IN THE CODE OF LAWS AND ORDINANCES; 10
AND PROVIDING FOR AN EFFECTIVE DATE. 11
12
WHEREAS, Section 316.008, Florida Statutes, authorizes any local authority to regulate 13
or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles, 14
trailers, or semitrailers on any highways or specified parts thereof under its jurisdiction, whenever 15
in its judgment, such regulation or prohibition is necessary to provide for the public safety and 16
convenience on the highways, or parts thereof, by reason of traffic density, intensive use thereof 17
by the traveling public, or other reasons of public safety and convenience; and 18
WHEREAS, the Board of County Commissioners of Collier County has determined that, 19
by reason of traffic density, intensive use by the traveling public and in the interest of public safety 20
and convenience, it is in the best interest and benefit of the citizens of Collier County to prohibit 21
through movements of trucks or other commercial vehicles with a rated capacity in excess of five 22
tons on designated public roads and streets; and 23
WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 83-24
35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the 25
operation of trucks of over one ton weight; and 26
WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 03-27
19, also cited as Section 130-3 of the Collier County Code and Ordinances, which prohibited trucks 28
or other commercial vehicles with a rated capacity in excess of five tons from using the left lane 29
on all multilane roads or streets in Collier County whenever such road or street is posted with signs 30
prohibiting such operation; and 31
WHEREAS, the Board of County Commissioners of Collier County desires to amend 32
Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance 03-19, as 33
amended, to prohibit trucks weighing over 5 tons from through movements on designated public 34
roads and streets. 35
36
17.A.1
Packet Pg. 1998 Attachment: Ordinance - 5 ton truck restriction (with line numbers) (15897 : Recommendation to approve an Ordinance prohibiting 5 ton truck
[21-ECM-02620/1631072/1]
Words underlined are added; Words struck through are deleted.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY 37
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 38
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SECTION ONE: AMENDMENTS TO SECTION 130-3. 40
Section 130-3 of the Code of Laws and Ordinances is hereby amended to read as follows: 41
Sec. 130-3. - Operation of trucks of over one ton posted weight. 42
(a) No person shall operate any truck or other commercial vehicle with a rated capacity 43
in excess of one ton or five tons, as deemed appropriate by the county administrator or designee, 44
upon any road or street in the county whenever such road or street is posted with signs prohibiting 45
such operation, except as hereinafter provided. 46
(b) No person shall operate any truck or other commercial vehicle with a rated capacity 47
in excess of five tons upon the left lane of any multi-lane road or street in the county, except for 48
passing or preparing to make a left turn, whenever such road or street is posted with signs 49
prohibiting such operation, except as hereinafter provided. 50
(c) The county administrator is authorized to determine those roads and streets upon 51
which such vehicles are to be prohibited, and those roads and streets upon which such vehicles' 52
operation in the left lane is restricted, and, with the approval of the board of county 53
commissioners by resolution, shall cause signs to be posted giving notice thereof on the roads 54
and streets so designated and on the roads and streets approaching the roads and streets so 55
designated, where applicable. 56
(d) The provisions of this section shall not be applicable to the following: 57
(1) The operation of emergency vehicles. 58
(2) The operation of any vehicle owned or operated by a governmental agency, public 59
utility or contractor while engaged in the repair, maintenance or construction of 60
roads, streets, utilities or structures along the roads and streets designated in 61
accordance with this section. 62
(3) The operation of garbage or trash trucks while actually engaged in the collecting 63
of garbage or trash along the roads and streets designated in accordance with this 64
section. 65
(4) The operation of a vehicle upon any road or street where necessary to the conduct 66
of business, provided that such vehicles shall enter such designated roads and 67
17.A.1
Packet Pg. 1999 Attachment: Ordinance - 5 ton truck restriction (with line numbers) (15897 : Recommendation to approve an Ordinance prohibiting 5 ton truck
[21-ECM-02620/1631072/1]
Words underlined are added; Words struck through are deleted.
streets at a safe intersection nearest the destination of the vehicle and shall 68
proceed thereon no farther than the nearest intersection thereafter. 69
(e) Any person who violates the provisions of this section shall be subject to prosecution 70
in the manner prescribed by general law; and upon conviction, such person shall be subject to a 71
fine, imprisonment, or both a fine and imprisonment as provided by general law. 72
73
SECTION TWO: CONFLICT AND SEVERABILITY. 74
In the event this ordinance conflicts with any other ordinance of Collier County or other 75
applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held 76
invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed 77
a separate, distinct, and independent provision and such holding shall not affect the validity of 78
the remaining portion. 79
80
SECTION THREE: INCLUSION IN THE CODE OF LAWS AND ORDINANCES. 81
The provisions of this Ordinance shall become and be made a part of the Code of Laws 82
and Ordinances of Collier County, Florida. The sections of the Ordinances may be renumbered 83
or relettered to accomplish such, and the word “ordinance” may be changed to “section”, 84
“article”, or any other appropriate word. 85
86
SECTION FOUR: EFFECTIVE DATE. 87
This Ordinance shall become effective upon filing with the Florida Department of State. 88
89
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier 90
County, Florida this _____ day of ____________, 2021. 91
ATTEST: BOARD OF COUNTY COMMISSIONERS 92
Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA 93
94
95
By: ___________________________ By: _____________________________ 96
, Deputy Clerk Penny Taylor, Chair 97
98
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Approved as to form and legality: 100
101
______________________________ 102
Jeffrey A. Klatzkow, County Attorney 103
17.A.1
Packet Pg. 2000 Attachment: Ordinance - 5 ton truck restriction (with line numbers) (15897 : Recommendation to approve an Ordinance prohibiting 5 ton truck
17.A.2
Packet Pg. 2001 Attachment: Ordinance - 5 ton truck restriction (CAO stamped) (15897 : Recommendation to approve an Ordinance prohibiting 5 ton truck
17.A.2
Packet Pg. 2002 Attachment: Ordinance - 5 ton truck restriction (CAO stamped) (15897 : Recommendation to approve an Ordinance prohibiting 5 ton truck
17.A.2
Packet Pg. 2003 Attachment: Ordinance - 5 ton truck restriction (CAO stamped) (15897 : Recommendation to approve an Ordinance prohibiting 5 ton truck
17.A.3
Packet Pg. 2004 Attachment: legal ad - 5 ton truck restriction (15897 : Recommendation to approve an Ordinance prohibiting 5 ton truck through movements on