Ordinance 2022-02 ORDINANCE NO. 2022 - 02
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA, REPEALING PORTIONS OF
ORDINANCE 87-60, AS AMENDED, AS IT RELATES TO THE
ISSUANCE OF PERMITS FOR CHARITABLE SOLICITATIONS AT
INTERSECTIONS, AND CREATING A NEW SECTION OF THE
COLLIER COUNTY CODE OF LAWS AND ORDINANCES
ENTITLED "COLLIER COUNTY PEDESTRIAN SAFETY
ORDINANCE"; PROVIDING FOR CONFLICT AND
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF
LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the National Highway Traffic Safety Administration published data
reflecting that, in 2019, Florida ranks second nationally in the number of pedestrian fatalities; and
WHEREAS, Collier County has a significant government interest in pedestrian safety and
this ordinance regulates conduct for the purpose of promoting pedestrian safety; and
WHEREAS, according to the Florida Department of Highway Safety and Motor Vehicles
publication titled "Traffic Crash Facts — Annual Report 2019" available at
https://www.flhsmv.gov/pdf/crashreports/crash facts 2019.pdf, in 2019, there were 130
pedestrians involved in traffic crashes in Collier County, among those 6 were killed and 105
suffered injuries; and
WHEREAS, according to the report entitled Collier Metropolitan Planning Organization
Local Road Safety Plan, prepared by Tindale Oliver, non-motorized road users, angle, left turn,
and lane departure crashes accounted for 30% of all crashes in Collier County between 2014 and
2018, but resulted in 72% of the severe injuries and 89% of the fatalities; and
WHEREAS, according to the Local Road Safety Plan, approximately two-thirds of all
crashes in Collier County occur along County-maintained roadways, allowing Collier County the
ability to substantially self-manage safety outcomes on its roadways; and
WHEREAS, as stated on page 68 of the Florida Department of Transportation publication
entitled "2014 Median Handbook, as updated October 2017," "for a median to be considered a
pedestrian refuge, the minimum median width must be 6 feet, but preferably at least 8.5 feet."
Based upon this report, the Board of County Commissioners finds that medians that are less than
6 feet in width are intended to serve as traffic separators and not designed to provide safe refuge
for pedestrians; and
WHEREAS, the Board of County Commissioners wishes to repeal Subsections F and G
of Section Three of Ordinance 87-60, as amended; and
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WHEREAS, the Board of County Commissioners finds that this Ordinance is narrowly
tailored to impose specific place and manner restrictions to protect the public health, safety, and
welfare by reducing the likelihood of serious bodily injury or death that results from conflicts
between vehicular traffic and the presence of pedestrians; and
WHEREAS, the Board of County Commissioners seeks to prevent further pedestrian
fatalities or injuries within the County.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS:
SECTION ONE: LEGISLATIVE FINDINGS OF FACT.
The foregoing WHEREAS clauses are hereby adopted as legislative findings of the Board
of County Commissioners and are ratified and confirmed as being true and correct and are hereby
made a specific part of this Ordinance upon adoption thereof.
SECTION TWO: TITLE AND CITATION.
This Ordinance shall be known as the Collier County Pedestrian Safety Ordinance.
SECTION THREE: DEFINITIONS.
For the purpose of this division, the following definitions shall apply unless the context
clearly indicates or requires a different meaning:
Median means the portion of the roadway separating the opposing traffic flows. Medians can be
depressed, raised, or flush.
Motor vehicles means any vehicle which is self-propelled and every vehicle which is propelled
by electric power obtained from overhead trolley wires, but not operated upon rails, but not
including any bicycle or moped as defined in this section.
Pedestrian means any person afoot.
Person means any natural person, firm, co-partnership, association, or corporation.
Sidewalk is the portion of the street right-of-way intended for the use of pedestrians that is
between the curb and the adjacent property line. If there is no curb or right-of-way parking area,
it is the portion of the street right-of-way intended for the use of pedestrians that is between the
roadway and the adjacent property line. If there is no curb but there is a right-of-way parking
area, it is the portion of the street right-of-way intended for the use of pedestrians that is between
the right-of-way parking area and the adjacent property line.
Traffic separator means a barrier, such as a concrete wall, raised median, guardrail, fence, or
landscaped or gravel area, whether or not raised, that is less than 6 feet in width placed between
lanes of a roadway to divide traffic moving in opposite directions.
Travel lane means the portion of the roadway dedicated to the movement of motor vehicles
traveling from one destination to another where a motor vehicle may not remain stationary
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indefinitely without eventually obstructing the free flow of motor vehicle traffic,and not including,
shoulders,bicycle lanes, or on the street parking. Travel lanes do not include sidewalks,bike paths,
private property, or streets closed to vehicular traffic. The term shall include bike lanes which are
delineated but a contiguous part of the street or highway pavement.
SECTION FOUR: JURISDICTION
The provisions of this section shall be in effect upon all streets and highways owned and
maintained by the county within the unincorporated area of the county over which Collier County
has traffic control jurisdiction.
SECTION FIVE: INTERACTIONS WITH OR IMPEDING TRAFFIC ON ROADWAYS
AND SIDEWALKS
1. A person shall not obstruct or prevent the free use of sidewalks or crosswalks by other
persons.
2. A person shall not willfully obstruct the free, convenient, and normal use of a public
roadway by:
a. Impeding, hindering, stifling, retarding, of restraining traffic or passage thereon;
b. Standing, sitting, walking, running, or otherwise remaining in the roadway; or
c. Endangering the safe movement of vehicles or pedestrians traveling thereon.
3. A person may not stand, sit, lie, walk upon, or stay for any purpose in between two
parallel motor vehicle travel lanes. This prohibition does not prohibit a person from
lawfully crossing a street.
4. This Section does not prohibit persons from doing the following:
a. Delivering or offering to deliver a tangible thing to an occupant of a motor vehicle
or receiving a tangible thing from an occupant of a motor vehicle at a legal stop in
a travel lane when the person is on the side of the vehicle that is closest to the edge
of the roadway and the vehicle is located in one of the following locations:
i. On a one-way street with only one travel lane, and the vehicle is located in
the travel lane;
ii. On a one-way street with two or more lanes of travel, and the vehicle is
located in the travel lane that is rightmost or leftmost from the driver's
viewpoint; or
iii. On a two-way street with two or more lanes of travel, and the vehicle is
located in the travel lane that is the rightmost from the driver's viewpoint.
iv. In all interactions with motor vehicles in the rightmost travel lane, the
person must stay on the rightmost side of the vehicle during the interaction
b. This prohibition shall not apply to the following persons:
i. Government law enforcement officers, fire rescue, or other government
employees acting within the scope of their governmental employment
and/or authority;
ii. A person conducting legally authorized collection of solid waste or
recyclable or recovered materials, construction work, or maintenance work,
or other legally authorized work;
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iii. A person responding to an emergency, such as medical personnel, roadside
assistance, or towing and recovery personnel; or
iv. A person instructed to stand in the traffic separator by law enforcement
personnel or fire rescue personnel.
SECTION SIX: USE OF MEDIANS BY PEDESTRIANS
No person shall stand, lie, sit, walk upon, or stay for any purpose within any public median
that is six feet in width or less (a "traffic separator"), except within areas that are specifically
designated and marked for pedestrian access as evidenced by a crosswalk within the median. The
prohibition regarding pedestrians in the medians of less than six feet in width does not apply to the
following persons:
1. Government law enforcement officers, fire rescue, or other government employees
acting within the scope of their governmental employment and/or authority;
2. A person conducting legally authorized collection of solid waste or recyclable or
recovered materials, construction work, or maintenance work, or other legally
authorized work;
3. A person responding to an emergency, such as medical personnel, roadside assistance,
or towing and recovery personnel; or
4. A person instructed to stand in the traffic separator by law enforcement personnel or
fire rescue personnel.
SECTION SEVEN: REPEAL OF SUBSECTIONS F AND G OF SECTION THREE,
"EXCEPTIONS," OF ORDINANCE 87-60, AS AMENDED, RELATING TO
CHARITABLE SOLICITATIONS AT TRAVELED ROAD INTERSECTIONS.
Subsections F and G of Section Three, "Exceptions,"of Ordinance No. 87-60, as amended,
as codified in Section 26-1(c)(6)-(7) of the Collier County Code of Laws and Ordinances, are
hereby repealed as follows:
(F) CharitabLe S Viictation J Lt T 1AYll lUd-
D . t _ _t'
1. In this subsection, "Road" means all geographic areas between the two exterior
most erlg� f p ed e ed surfaces ar ail.,ble f ,l b d h'ettlar
.....vu vubv� Yv'a' rw..vu vi a..a1�L�i.r vwa�J.ul lLlvvJ,..7u r'ulluvali 1V1
tr�Yi��k�edians ccnd shroul n 11 ic
inc1 oads-separated by one-or i"or-e zme aye t'b�o (2) exterior- o
edges. "Road" includes streets, highways, alleys, and other nouns that are used to
describe facilitiesze veling-byes e-Tend-park ng o otel=vehicles ns
subsection applies to all roads over which Collier County then has traffic control
jurisdiction. "Pedestrian" means every individual who goes onto the traveled road
to interact with any operator or occupant of any vehicle being operated on the road,
including each supervisor while the supervisor is on the traveled road surface.
"Participant" includes the permit applicant each pedestrian, each supervisor, and
,ther :ndiy dual a .,ted with the ., „lie nt and who Y, the Y .,a d„ring
e Y�Vl,'� VL11V1 111U1 VIURLAI-GT �
any of the subject in the road activities.
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intersections in unincorporated Collier County then open to vehicular traffic may
be acquired from the Collier County Transportation Department, subject to
continued compliance with all of the following:
under the United States Internal Revenue Code and must be registered as a
soli.;tor � trib tions t t„ � c t, nog 1, t i tt f
.,.,;. �-coircrry arrvrrrp�ii�ccccrr�rvTc�cn. , ccccrvr
exemption, ed to tho pl; nt p nit to that Ch pto
V llVll ltJ ll Vll 1JJUV
B. Permit Application.
(i) There shall be no fee for the permit. The applicant shall submit to
the complete, executed standard application form to the County's
Transportation Department. No incomplete application shall be
accepted. If the application form is not accepted by staff for any
reason, staff, not later than five (5) workdays following receipt of
the application, shall inform the applicant in writing of the reason(s)
for non acceptance. The time period for staff approval or denial of
an application shall not commence until a complete application form
is accepted. Each complete form shall be processed on a first
applied for, first processed basis. The Transportation Department
shall either deny the complete permit application(for stated reasons)
or grant the permit, within ten (10) workdays following receipt of
the complete application. If the Transportation Department does not
make a final decision to approve or deny a complete application
within ten (10) workdays after staffs receipt of the application
(including proof of required insurance), the application shall be
specific time period to solicit contributions not to exceed seventy
two (72) consecutive hours. No applicant shall request that the
solicitation time period commence more than sixty (60) calendar
days after, nor sooner than fourteen (11) calendar days after, the
(and be permitted) to solicit contributions concurrently at several
intersections, but only one permittee may solicit at any intersection
at any one time.
(ii) Military Representation. Organizations whose solicitors represent
that they are veterans of the military, or wear a military uniform or
a distinctive part of a military uniform must provide evidence of
present or former military service for each solicitor. Evidence that
will be accepted includes, but is not limited to:
TID 2t4er Statement of Ser„;ce (Deport of Separation)•
b. Communication from military or veterans office that contains
information regarding military service or an indication of
military service.
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(...) ;n ur Eael t o r rti f t f r Mitt
���. ,_._.,_ _^ �t�r�]ir�tmn mart ;
wee--shewi-ng oof of gen. ;l an
policy limits of not less than one million dollars per occurrence for
personal injury/death; one million dollars for property damage; at
least e3nn nnn nn fre daw, i ). t t ♦ $t c 000.00 '
medical expenses (any one person); at least two million dollars
gener-al—aggregate� cad--at- Past- twe— illion dollars--aggregrate• fer
comprehensive liability, products. All such insurance must be in
effect throughout the solicitation time period. The permit shall
automatically be rendered void if the required insurance is not
,tinuously i„ f;,tt f ana eff t throughout the sel it t t
period. The insurance must insure the applicant (entity or
individual), all participants, and all third party claimants who may
assert claims for personal injury, d ath and/or property damage
alleged to have been caused by, or resulted from, the applicant's in
the road activity. Collier County must be a named insured.
C. Times for in the road solicitations. All in the road solicitations must be conducted
only during Saturdays, Sundays, federal holidays and Florida holidays, and not
before 7:00 a.m. nor after 7:00 p.m. No solicitation shall be conducted when rain is
f t o �r�e icy ether—activity ph „t b ph t dit
that limits the visibility of any participant or vehicle operator.
,
must sign the county's informed consent and waiver, and furnish his/her signed
consent and waiver to the county's transportation department before engaging in
any of the subject in the road activities. Each participant must be (or have been) a
fireman, police officer(including military police), or other law enforcement officer
who has been trained regarding the physical dangers of in the road activity when
roads are open to vehicular traffic, or other individual who has satisfactorily
completed a safety training course appropriate to safety considerations of in the
traveled road activities and such course was sponsored by the National Safety
Council or other similar organization.
E. Participant behavior during in the road activity.
i. Each participant must wear a highly visible(orange or other light colored vest)
or reflective vest whenever engaged in any in the road activity. Each
pedestrian shall approach only stopped vehicles and shall obey all traffic laws,
traffic control devices, and instructions from any law enforcement officer or
county code enforcement officer. No participant shall act in any
unprofessional manner, including dancing, changing, or organized singing;
nor use or be under the influence of any alcoholic beverage or drug. No
participant shall persist soliciting any individual after that solicitation has been
refused; nor demand, threaten or intimidate any member of the public; nor
suggest or imply that the applicant (or any participant) is a representative of
any governmental entity, or otherwise misrepresent identity, authority or
purpose.
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•
intersection at any one time;-inoluding one way roads. No more than eight
pedestrians shall at one time be in the traveled part of a divided road
i_rt� ct+ Tf,„ than two, edestrians the t. , led art ..f th _a
v V Mull
strians must at all such times be
a. "„'rn edJ'b. a s ,r0 rhJ,at th t Vt'Vll`uZld t tL t 1 .1
surface), and the supervisor must monitor the-traffto-situation-and-applioahle
traffic control devices, and audibly alert the pedestrians the instant the
applicable traffic . nt 1 .1 ..L..rages (inclu ing lef+t.,...., lig t t. rns
NN V Vvllll
> • ,
any safety reason reasonably necessitates instant curtailment of the in the road
activities.
iii. Solicitation is limited to the vehicle operator's (left) side of the vehicle,
including on roads that have medians (or other interior raised curbs) and the
pPeestriar , o el media,, t n 1 f rl d bl f d
r VIAl{All Vl Irlitirl
hand held sign per pedestrian is allowed. The permittee may have one of its
operations vehicle l., .,f ull, rke at tl, t t' ,a t1
yr vaan.aa vaa� •vaaavav aK,r1u aJ t.J,Aa 1�Vu 4AL Vl 11V1A1 111V 111LV ,
vehicle's lights, including its flashing lights, provided such lights are usually
installed on the vehicle. Except to the extent, if any, prohibited by law, the
permittee may use cones in the road to the extent the permittee deems such
cones appropriate to promote safety and no cone impedes the flow of traffic.
iv. The following are prohibited: sound amplification, drum, bell, tambourine,
hr� n /or oter . „ mang
11Vrr, " h a kid ,
v. There shall be no charitable solicitation in the road without a staffed, public
safeti o hicle presen lic safety-yehi viall de nay-mar ed
law enforcement-dent-or emergency response ale-The cost-of the
:t.,ffe.1p„l,lic safety vehicle shall be the obligati ftl Q li 't
,lurl�.0
F. Eligible intersections. In the road solicitation shall be permitted only at signalized
read-interseLiens-then controlled by functiioning-traf c control ligh s (whie-h
excludes intersections controlled by flashing lights, stop signs, yield right of way
ote) l„ the r as s„licit.,tion : l •t a t t tl 1 1 1 t a
currency (bills and/or coins). There shall be no solicitations at intersections where
the posted speed limits exceeds '15 (forty five) miles per hour.
3. Permit suspension or revocation. If any participant is observed by a county code
enforcement officer, deputy sheriff or other authorizer) law e„f re ent officer t„ be
permit to solicit at that specific intersection may be summarily revoked by such officer,
whereby all in the road activity at that intersection shall cease immediately. Staff may
suspend or revoke the issued permit to solicit whenever any requirement does not
continue to exist, such as loss of federal income tax exemption, loss of active status as
a reg ered-soiicitor-e entributio -lapse€actives , � t t
who did not sign the county's informed consent and waiver and have such signed consent
and r delivered to the tr ortatio de .,rtm „t staff
[21-00A-02062/1689754/1] CAO)
1. Appeals. Staffs denial of an application (or staffs revocation of an issued permit) may
managaer'soffi not later th-a + a +h 1' ' zpt-of-notice of the denial
� rr +�����z
ten workdays after receipt of the app ul. The County Manager's decision shall be the
cettr tyts final action or. +he ., l
ar�_y solicit ,who f lls with' tL + f'tL T T7 1, r+ A +
,r .,�, .wawa v...v iu i�v-rciri-z=rrrr�ourax�xc�c�.� c�� rrr�
officer—in-t.he-per€epmanc-e-efduty,er authorized activities of employees at tool booths.
Internal Revenue Code, and is either registered as a charitable organization or sponsor with
registration (or is an individual or organization acting on behalf of such exempt
organization/sponsor), is exempt from the solicitation provisions of this article, but must
SECTION EIGHT: PENALTY AND ENFORCEMENT
Any person who violates this Ordinance shall be prosecuted in the same manner as
misdemeanors are prosecuted. Upon conviction,a violator shall be punished by a fine not to exceed
$500 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and
imprisonment. This Ordinance may be enforced by the Collier County Sheriff Office. This
enforcement procedure and penalty for violations of this ordinance is adopted under the express
authority of§125.69(1), Florida Statutes.
SECTION NINE: 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 TEN: 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, as a new Division 5 under Chapter 94, Article III, Offenses
Involving Public Safety. The sections of the Ordinance may be renumbered or relettered to
accomplish such, and the word "ordinance" may be changed to "section," "article," or any other
appropriate word.
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SECTION ELEVEN: EFFECTIVE DATE
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County,
Florida, this i Lilt1 day of J (U,N\ , 2022.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. F IZEL, CLERK COLLIER COU • ORIDA
61)
By ,h By: ,�.
Qe y Clerk illiam L. McDaniel, Jr., Chair
AtheSS s to Ch kA
silmtifkcifi• St AM
Ape ori and legality:
kJ i
Jeffrey A. la P. -, County Attorney
This ordinance filed with the
g ory of ,:e'• Oft is ,
�"D. day o . - -- "„4k
and acknowied9er11 'hot
fiI' received f doy
By
,,--
co,
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J 4,
==;4„,„11:,:j.00. i.,-
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
January 13, 2022
Ms. Ann P. Jennejohn, BMR Senior Deputy Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2022-02, which was filed in this office on January 13,
2022.
Sincerely,
Anya Owens
Program Administrator
AO/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270