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Ordinance 91-025 ORDINANCE NO. 91- 2 ~ ~1 ~ ~7;{i i AN ORDINANCE TO BE KNOWN AS TH~F~L~E/%)F COUNTY SPEED LIMITS ORDINANCE; PROVIDING ~ FINDINGS AND PURPOSE; ESTABLISHING SPEED ~ LIMITS ON COUNTY-MAINTAINED ROADS AND AUTHORIZING TIlE ESTABLISHMENT AND/OR ALTERATION OF SPEED LIMITS TO BE DONE BY RESOLUTION; PROVIDING FOR ERECTION OF SPEED LIMIT SIGNS; PROVIDING FOR ENFORCEMENT; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. W~EREAS, Section 316.006 (3), Florida Statutes, provides that Counties shall have original jurisdiction over all streets and highways located within their boundaries, except for state roads and specified streets and highways; and WHEREAS, Section 316.008 (1)(J), Florida Statutes, grants .' local authorities the power to alter or establish speed limits within the provisions of Chapter 316, Florida Statutes; and WHEREAS, Seotion 316.189(2), Florida Statutes, authorizes the Board of County Commissioners (hereinafter also referred to as "the Board") to establish or alter speed limits on County- maintained roads under its Jurisdiction; and .. Wq{EREAS, the roads specified in this Ordinance are County- maintained roads under the Jurisdiction of the Board of County Commissioners; and WHEREAS, in accordance with Section 316.189, Florida Statutes, investigation and traffic analysis studies in oonformity with criteria promulgated by the Florida Department ': of Transportation have been conducted for each of the roads mentioned in Exhibit A of this Ordinance; and WHEREAS, in accordance with Section 316.189 Florida Statutes, investigation and traffic analysis studies in conformity with ~riteria promulgated by the Florida Department J!:O£ Transportation shall be conduoted prior to the future establishment or alteration of speed limits on roads mentioned in Exhibit A of this Ordinance or in resolutions adopted by the Board as authorized by this Ordinance; and Page i of 4 WHEREAS, Section 125.01(1)(t), Florida Statutes, provides ~9~-. that the governing body of a county may adopt ordinances and ~:·.~:.-,-. resolutions necessary for the exercise of its powers and prescribe fines and penalties for the violation of ordinances in accordance with law; and WHEREAS, the Board has determined that it will be in the best interest and to the benefit of the citizens of Collier " County to enact a single comprehensive ordinance authorizing .... · the establishment and/or alteration of all of the speed limits .?~.. for Collier County-maintained roads as set forth in Exhibit A and in future resolutions of the Board as authorized by this ~ii~I' Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: Title and Citation. This Ordinance shall be known and may be cited as the "Collier County Speed Limits Ordinance." i~?' SECTION TWO: Findings and Purpose. ~' The Board finds that, pursuant to Section 316.189, Florida Statutes, a number of resolutions have previously been adopted ~.;i~ setting forth speed limits on County-maintained roads The Board further finds that there shall be a continuing need to enact and change speed limits throughout the County in -~ accordance with changing needs and circumstances and in conformity with criteria promulgated by the Florida Department i.',].., of Transportation. It is the purpose of this Ordinance.. to provide for the establishment and/or alteration of all of the speed limits for Collier County-maintained roads, including the speed limits mentioned in Exhibit A attached to this Ordinance, ~: ,: by resolution of the Board of County Commissioners in order to ~'~. provide for efficiency of administration and enforcement and to better serve the citizens of Collier County, Florida. Page 2 of 4 ffi 1343 208 SECTION THREE~ Establishment and alteration of Speed Limits on County-maintained Roads. The Board hereby authorizes that all speed lim£=s on County-maintained roads shall be established and/or altered by resolution f the Board, including the speed limits enacted by this Ordinance and attached as Exhibit A. Said resolutions shall be filed with the Clerk to the Board of County Commissioners in order to create a single, comprehensive codification of all speed limits on Collier County-maintained roads. SECTION FOUR= Erection of Speed Limit Signs. The Board does hereby authorize and instruct the Collier County Transportation Services Division to erect the necessary and proper speed limit signs for all speed limits established end/or altered under the authority of this Ordinance, including the speed limits mentioned in Exhibit A. The Board further directs that the erection of said signs shall be done in accordance with Section 316.189(3), and any other applicable sections of Chapter 316, Florida Statutes. SECTION FIVE: Enforcement. The Collier County Sheriff is hereby instructed and authorized to enforce all speed limits authorized by this Ordinance. SECTION SIX: Conflict and Severability: In the event that this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shal~ apply. If any phrase of portion of this Ordinance is held invalid or unconstitutional by any court of competent Jurisdiction, such a portion or phrase shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions or phrases. Page 3 of 4 SECTION SEVEN: Effective Date. . ~. This Ordinance shall take effect upon receipt of no=ica .,,~;?';~,'- from the Secretary of State that this Ordinance has been filed .~,.~.. , with the Secretary of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this /.;~ day of  1991. ,~)~,.,., ,L: . ATTEST: ' BOARD OF COUNTY COMMISSIONERS JAKES. C. ~ILES, Clerk COLLIER COUNTY, FLORIDA , · By: " Chairman :'1". Approved as to form and legal sufficiency:  Thll ordinance flied w~th Secretory of State's Office th~ Assistant County Attorney ~d acknowledgement of ~ ">'¥" Page 4 of 4 EXIIIDIT ~ E3TABLISHMENT OF SPEED LIMITS ON COLLIER COUNTY-MAINTAINED ROADS AND REPEAL OF PREVIOUS COLLIER COUNTY RESOLUTIONS SPEED LIMITS ON COLLIER COUNTY-MAINTAINED ROADS. A. County roads subject to a 55 mile-Der-hour speed limit: 1. The portion of Vanderbilt Beach Road from Airport- Pulling Road to County Road 951. B. County roads subject to a 50 mile-Der-hour speed limit: 1. County Road 29 (Chokoloskee Causeway) from the south city limit of Everglades City to Cbokoloskee C. County roads sub4ect to a 45 mile-Der-hour sDegd limit: 1. The portion of County Road 92 from the easternmost intersection of Dogwood Drive and County Road 92 to 1/4 mile east of the Goodland bridge. ........ ~'~' -- The'portion of Golden Gate Parkway (County Road 886) between Goodlette Road (County Road 851) and Airport Road (County Road 31). 3.The portion of Santa Barbara Blvd. between Golden Gate Parkway (County Road 886) and Green Blvd. 4. The portion of County Road 29 (Copeland Ave.) from Broadway to the south city limit of Everglades City. 5.The portion of County Road 92 (San Marco Drive) from Dogwood Drive to Barfield Drive. 6. The portion of County Road 846 (Immokalee Road) from 1500 feet west of County Road 951 to 1500 east-.of County Road 951. 7. The portion of County Road 887 (Old U.S. 41) from 1200 feet northeast of Tamiami Trail (U.S. 41) t~ the Lee County line. 8. The portion of County Road 952 (Capri Blvd.) from State Road 951 to 500 feet east of Panady Ave. Page i of 4 ,' 9. The portion of County Darn Road between Davis '::.~:,' .-:~! Blvd. (State Rd. 84) and RattlesnaKe Hammock Road ,~.~. (County Road 864). 10. The easterly 2 1/2 miles of Radio Road. 11. The portion of County Road 951 between Green Blvd. .': ~l:~.' and 1000 feet' ~orth of Vanderbilt Beach Road. ~ 12. The portion of Rattlesnake Hammock Road (C.R. 846) '%~;~' from U.S. 41 to a point 1500 feet east of St. D. County roads sub4ect to a 40 mile-Der-hg~r soeed limit: "~' 1. Livingston Road between Golden Gate Parkway and the entrance of Wyndemere. ii:~::. E. 8ounty roads"sub4ect ~o a 35 mile-Dgr-hour soeed limit: !~:~. 1. The portion of Bald Eagle Drive (County Road 953) · between Ehrat Lane and Yellow Bird Street. . ~ . 2 The portion of Pine Ridge Road (County Road 896) '.i'?. between Tamiami Trail (U.S 41) and a point 1800 ~i' feet east of Goodlette-Frank Road (County Road 3. Th~ portion of Airport Road (County Road 31) -~.~ ~".' between a point one hundred (100) feet south of :'~:' the entrance to the Poinciana Elementary School and the intersection of Poinciana Drive except ~' that on school days during those times thirty (30) ,. minutes before and thirty (30) minutes after th~ !.~ times necessary and corresponding to the period~ ~:'"<~.. of time when pupils are arriving at and leaving '".~', regularly scheduled school sessions,.the maximum :. speed limit shall be 20 miles per hour between Ponce de Leon Drive, the southern entrance to . Poinciana Village, and a point 100 feet south of ,~,~ the school entrance. ! i.!:~' 4. The portion of 111th Avenue, North, between ~ Tamiami Trail (U.S. 41) and Gulf Shore Drive. I.~, ~ Page 2 of 4 " 5. County Road 887 (Old U.S. 41) from Tam£ami Trail ,:.. (U.S. 41) to 1200 feet northeast of Tamiami Trail. ' :,~-. ~,,,, 6. County Road 951 (Isles of Capri Blvd.) from 1000 feet south of 25th Avenue, S.W., to 1000 feet north of Green Blvd. 7. The portion of Golden Gate Parkway (County Road 886) between a point one thousand (1000) feet west of Santa Barbara Blvd. to 52nd Terrace, S.W. F. County roads sub4ect to a 30 mile-Der-hour speed limit~L 1. DeSoto Blvd. for trucks exceeding a g=oes weight of ten (10) tons. ~,;~. 2. The portion of Golden Gate Blvd. between Wilson .__ Blvd. and DeSoto_Blvd. for trucks exceeding a ..~ ~" gross weight of ten (10) tons. G. gount¥ rpads subject to a 25 mile-per-hour speed limit: ':i'~!: 1. Lakewood Blvd. and all streets within the Lakewood ~,. subdivision. 2. King's Way and all the streets within Foxfire ::.~: H. County roads subject to a 20 mile~Der-hour speed limit: ii' 1. On school days during those times thirty (30) minutes before and thirty (30) minutes after the times necessary and corresponding to the periods of time when pupils are arriving at and leaving :~. regularly ioheduled school sessions, on the portion of Airport Road (County Road 31) between Ponce de Leon Drive, the southern entrance to Poinciana Village, and a point one hundred (100) · fee~ south of the Poinciana Elementary School entrance. !i~ II. REPEAL OF PREVIOUS COLLIER COUNTY RESOLUTIONS. The following Collier County Resolutions setting forth speed limits are hereby repealed and superseded in their entirety as of the effective date of the Collier County I]'43 213 Page 3 of 4 Speed Limits Ordinance and upon tho posting of spoed limits by the Collier County Transportation Services Division in accordance with Chapter 316, Florida Statutes: Resolution Numbers 79-75; 80-39; 81-69; 81-186; 81-194; 83-144; 84-62; 85-96; 86-77; 87-107; 89-118; 89-188; and 89-189. Page 4 of 4 ~TATE OF FLORIDA COUNTY OF COLLIER ~i'. I0 JAMES C. GILES, Clerk of Courts in and for the Twentieth Jud'tcta! Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: Ordinance No. 91-25 which was adopted by the Board of County Commissioners on the 12th day of March, 1991, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 19th day of March, 1991. -:i! JAMES C. GILES Clerk of Courts and Cle{~]'i'' '~' Ex-officio to Board of;.}. ~ .." Coun Commissioners ., Deputy Clerk y..~ ',