Ordinance 83-35ORDINANCE No. ~- .~
AN ORDINANCE PROHIBITING THE OPERATION OF TRUCKS AND OTHER
COMMERCIAL VEHICLES WIT}{ A hATED CAPACITY IN EXCESS OF ONE
TON UPON DESIGNATED ROADS AND STREETS IN COLLIER COUNTY,
PROVIDING EXCEPTIONS THERETO, AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, Chapter 316, Florida Statutes, permits the Board of County
Co~nissioners to prohibit or regulate any class or kind of traffic found to be
incompatible with the normal and safe movement of traffic on roads and streets
under its Jurisdiction; and
WHEREAS, the Board of County Commissioners has found that the use of
certain roads and streets in Collier County by trucks or other commercial
vehicles with a rated capacity in excess of one ton is not compatible with the
normal and safe movement of traffic upon said reada and streets;
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION ONE:
(A) No person shall operate any truck or other commercial vehicle with e
rated capacity in excess of one (I) ton upon any road or street in
Collier County whenever said road or street is posted with signs
prohibiting such operation, except as hereinafter provided.
(B) The County Manager is authorized to determine those roads and streets
upon which such vehicles are to be prohibited and, with the approval
of the Board of County Co~raisstoners 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.
(C) The provisions of this ordinance shall not be applicable to the
following:
1. The operation of emergency vehicles.
2. The operation of any vehicle owned or operated by ~ goveru~,men%al
agency, public utility or contractor while engage~in th~e~,
maintenance or construction of roads, streets, ut~itiescx~c~C~r
!structures along the roads and streets designated in accordance
· with'this ordinance.
3. The operation of garbage or trash trucks while actually engaged
in the collecting of garbage or traah along the roads and
deaignatad in accordance wl:h :hia ordlmance.
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 desisnatad roads and streets at a safe intersection
nearest the destination of the vehicle and shall proceed thereon
no farther then the nearest intersection thereafter,
SECTION T~O: EFFECTIVE DATE
This ordinance shall become effective upon receipt of notice that it ia
filed with the Secretary of State.
SECTION THREE: PENALTIES
Any person who violetes the provisions of this ordinance shall be subject
to prosecution in the manner preecribed by general law; and upon conviction,
such person shall be subject to a fine, imprisonment, or both a fine and
imprisonment as provided by general
SECTION FOUR: CONFLICT AND SEVERABILITY
(A) In the event this Ordinance conflicts with other applicable law, the
more res~rictive shall apply.
(B) If any section, subsection, sentence, clause, phrase, or portion of
this Ordinance is, for any reason, held invalid or unconstitutional
by any court of competent ~urisdiction, such portion shall he deemed
a separate, distinct, and independent provisio~ of such holding and
shall not affect the validity of the remainin~ portion thereof.
PASSED AND ADOPTED by the Board of County Con~missioners of Collier County,
Florida this 26~h day of July , 1983.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Mary-rVrances Kruse, 98airman
,LEGALITY
Burr L. Saunders, County Attorney
This ordinance filed with the Secretary of State's Office the let day of
August, 1983 ~d acknc~ledge~t of that filin~ received thi~ 4th day of
983.
0i7 189
STATE OF FLORIDA
COUNTY OF COLLIER
· ~ ~v~ day of July, 1983.
I, WILLIAM J. REAGAN, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true original of:
ORDINANCE NO. 83-35
which was adopted by the Board O~ COunty CommissiOners during
Regular Session the 26th day of July, 1983.
WITNESS my hand and the 6fficisl seal ~f the Board of
County Commissioners of Collier County, Florida, this 26th
WILLIAM J. REAGAN
Clerk of Courts and Clerk
Ex-OfficiO to Board Of
County Commissioners
v~ rg a r4~'a Maqri
Deputy Clerk