Ordinance 2015-02 ORDINANCE NO. 2015 -02
AN ORDINANCE CREATING THE COLLIER COUNTY ANTI-
HARASSMENT ORDINANCE, MAKING IT A MISDEMEANOR TO
HARASS A BICYCLIST, PEDESTRIAN, RUNNER, OR PERSON IN A
WHEELCHAIR USING THE PUBLIC RIGHT-OF-WAY; PROVIDING
FOR INCLUSION IN CODE OF LAWS AND ORDINANCES;
PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, on October 7, 2014, the Collier County Board of Commissioners (Board)
conducted a workshop on bicycle safety; and
WHEREAS, during this workshop it became apparent to the Board through public
testimony and presentations that a significant threat exists to bicyclists, pedestrians, runners, and
persons in wheelchairs who are using the public right-of-way and frequently harassed and
endangered by motorists; and
WHEREAS, Collier County's climate fosters use of the right-of-way by bicyclists,
pedestrians, runners, and persons in wheelchairs using the public right-of-way; and
WHEREAS, Board of County Commissioners finds that existing State statutes are
insufficient to protect the safety of bicyclists, pedestrians, runners, and persons in wheelchairs
using the public right-of-way.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that:
SECTION ONE. Title
This ordinance shall be known as the Collier County Anti-Harassment Ordinance.
SECTION TWO. Harassment of a bicyclist, pedestrian, runner, or person in a
wheelchair using the public right-of-way.
A person commits the offense of harassment of a bicyclist, pedestrian, runner, or person
in a wheelchair using the public right-of-way if the person:
(1) Knowingly throws an object at or in the direction of any person riding a bicycle,
walking, running, or operating a wheelchair for the purpose of frightening, disturbing or
injuring that person; or
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(2) Threatens any person riding a bicycle, walking, running, or operating a wheelchair for
the purpose of frightening or disturbing that person; or
(3) Sounds a horn, shouts or otherwise directs sound toward any person riding a bicycle,
walking, running, or operating a wheelchair for the purpose of frightening or disturbing
that person; or
(4) Knowingly places any person riding a bicycle, walking, running, or operating a
wheelchair in apprehension of immediate physical injury; or
(5) Knowingly engages in conduct that creates a risk of death or serious physical injury to
any person riding a bicycle, walking, running, or operating a wheelchair.
SECTION THREE. Penalties
Violation of this ordinance shall be punishable by a fine not to exceed $500.00 and/or by
imprisonment in the County jail up to 60 days.
SECTION FOUR. Inclusion in the Code of Laws and Ordinances
The provisions of this Ordinance shall be made a part of the Code of Laws and
Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re-
lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or
any other appropriate word.
SECTION FIVE. 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 SIX. Effective Date
This Ordinance shall become effective upon filing with the Florida Department of State.
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PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this l3thday of January , 2015.
ATTE� B0 r0�' BOARD OF COUNTY COMMISSIONERS
DWI T ,_ IWCI(,,CLERK COLLIER COUNTY, FLORIDA
By: ALL / By. `�� G
Attest i . fir,' '<, r TIM NANCE , CHAIRMAN
SI natu 1 ,` )�
9
Approv d as, o o • . -_.lity:
Jeffrey A. E,'lat.?t'ow, County Attorney
This ordinance filed with the
Secretory of tote's Office the
-.11-4-44'day of 201S
and acknowledgeme of that
filin. received this day
of i `ZplS , e
By Dap 4 1110;—
Page 3 of 3
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FLORIDA DEPARTMENT Of STATE
RICK SCOTT KEN DETZNER
Governor Secretary of State
January 16, 2015
Honorable Dwight E. Brock
Clerk of the Circuit Court
Collier County
Post Office Box 413044
Naples, Florida 34101-3044
Attention: Martha Vergara, BMR Senior Clerk
Dear Mr. Brock:
Pursuant to the provisions of Section 125.66, Florida Statutes,this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 201 5-02, which was filed in this office on January 16,
2015.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270 • Facsimile: (850) 488-9879
www.dos.state.fl.us