Backup Documents 06/25/2019 Item #17G June 25, 2019
Ord. Amending Ord. 2006-57 Golf Carts/ 1
7 G
Chokoloskee & Plantation Islands
l-,‘.1.i,,:.
COLLIER COUNTY FLORIDA ,,,��
REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS y ,
s
To: Clerk to the Board: Please place the following as a: (J 1
XXX Normal legal Advertisement ❑ Other:
(Display Adv.,location,etc.)
Originating Dept/Div County Attorney Person: Jeffrey A.Klatzkow,County Attorney Date: May 30,2019
Petition No.(If none,give brief description): Ordinance—Golf Carts on Plantation and Chokoloskee Islands
Name&Address of any person(s)to be notified by Clerk's Office:(If more space is needed,attach separate sheet) See Above
Hearing before BCC BZA Other
Requested Hearing date:(Based on advertisement appearing 15+days before hearing.)June 25,2019(ad to run no later than
WEDNESDAY,June 5,2019)
Newspaper(s)to be used: (Complete only if important):
XXX Naples Daily News ❑ Other XXX Legally Required
Proposed Text:(Include legal description&common location&Size:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AMENDING
ORDINANCE NO. 2006-57, AS AMENDED,CODIFIED IN CHAPTER 130 "TRAFFIC AND VEHICLES" OF THE CODE
OF LAWS AND ORDINANCES,TO ADD SECTIONS ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED
COUNTY ROADS ON CHOKOLOSKEE ISLAND AND PLANTATION ISLAND, FLORIDA, SUBJECT TO SPECIFIED
RESTRICTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE
OF LAWS AND ORDINANCES;AND PROVIDING FOR AN EFFECTIVE DATE.
Companion petition(s),if any&proposed hearing date: N/A
Does Petition Fee include advertising cost?El Yes XXX No If Yes,what account should be charged for advertising costs:
PO#4500190373
,----
Reviewe
5 0 11
Division ator or Designee Date
List Attac en Proposed Ordinance
DISTRIBUTION INSTRUCTIONS
A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before
submitting to County Manager. Note: If legal document is involved,be sure that any necessary legal review,or request
for same,is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute
copies:
El County Manager agenda file: to ❑Requesting Division El Original
Clerk's Office
B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office,retaining a copy for file.
***********************************************************************************************************
FOR CLERK'S OFFICE USE !_
Date Received: / 0d Date of Public hearing: W 2S Date Advertised: 4 s
17G
ORDINANCE NO.2019-
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY,FLORIDA, AMENDING ORDINANCE NO. 2006-57,
AS AMENDED, CODIFIED IN CHAPTER 130 "TRAFFIC AND
VEHICLES" OF THE CODE OF LAWS AND ORDINANCES, TO ADD
SECTIONS ALLOWING FOR THE USE OF GOLF CARTS UPON
DESIGNATED COUNTY ROADS ON CHOKOLOSKEE ISLAND AND
PLANTATION ISLAND, FLORIDA, SUBJECT TO SPECIFIED
RESTRICTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFIh'ECTIVE DATE.
WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts to
be operated on county roads provided the county first determines that golf carts may safely travel
on or cross the public road or street,considering factors including the speed,volume,and character
of motor vehicle traffic using those roads or streets;and
WHEREAS, Section 316.212(8)(a), Florida Statutes, allows counties to enact restrictions
and regulations on unlicensed drivers relating to golf cart operation and equipment which are more
restrictive than the regulations enumerated in Florida Statutes if appropriate signs are posted or the
residents are otherwise informed that such regulations exist and will be enforced within the local
government's jurisdictional territory; and
WHEREAS,the Board of County Commissioners has previously accepted the findings of
the"Traffic Report: Golf Cart Transportation on Chokoloskee and Plantation Island"prepared by
Trebilcock Consulting Solutions, P.A., which recommends that the Chokoloskee Island and
Plantation Island community streets be designated for golf cart use except for Plantation Parkway
and CR-29(segment from Plantation Parkway to Chokoloskee). For these roadway facilities, the
Traffic Report specifies conditions under which golf cart operation may be allowed; and
WHEREAS, in accordance with the Board of County Commissioners desires to provide
additional regulations for the operation of golf carts by unlicensed drivers on these designated
community streets on Chokoloskee Island and Plantation Island located in Collier County,Florida;
and
WHEREAS, the Board of County Commissioners believes that the regulations proposed
in the Ordinance promote and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
Page 1 of 3
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SECTION ONE: Ordinance No. 2006-57, as amended, is amended to add a new section
allowing for the use of golf carts upon designated public roads and streets
on Chokoloskee Island and on Plantation Island,Collier County,Florida.
Section 130(c)Designated in Chokoloskee Island and on Plantation Island:
(1) The term "golf cart" is defined as stated in F.S. § 320.01(22), as a motor vehicle that is
designed and manufactured for operation on a golf course for sporting or recreational purposes,
and that is not capable of exceeding speeds of twenty(20) miles per hour.
(2) Golf carts may be operated on county roads and streets on Chokoloskee Island and on
Plantation Island, Florida, with the exception of Plantation Parkway from approximately 850
feet north of Spoonbill Avenue to CR 29 and also on CR 29 from approximately 1120 feet north
of Demere Lane north to end of County maintenance (approximately 2750 feet south of
Plantation Parkway).
(3) In addition to the requirements of F.S. § 316.212, which are applicable to the operation of
golf carts on the aforementioned designated roads, streets and sidewalks, with respect to
unlicensed drivers the following restrictions shall also apply:
a. All unlicensed drivers operating golf carts subject to this Ordinance must be a
minimum of fifteen (15)years of age.
b. The number of occupants in any golf cart operated by an unlicensed driver on the
designated streets and roads shall be restricted to the number of seats on the golf cart.
No occupants of a golf cart operated by an unlicensed driver shall stand at any time
while the golf cart is in motion.
c. Before golf carts may be operated by unlicensed drivers under this section,the owners
thereof must purchase and maintain liability insurance insuring against personal injury
and damage to property of any nature relative to the operation of golf carts on the
designated roadways and pathways.
(4) Violations of this section shall constitute a non-criminal infraction enforceable pursuant to
the provisions of F.S. § 316.212(9).
(5) The Collier County Transportation Division shall post appropriate signs or otherwise inform
the residents that such an ordinance exists and that it will be duly enforced.
SECTION TWO: 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.
Page 2 of 3
1713
SECTION THREE: 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. The sections of the Ordinances may be renumbered or
relettered to accomplish such,and the word "ordinance"may be changed to "section," "article,"or
any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice 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 ,2019.
ATTEST: BOARD OF COUNTY COMMISSIONERS
CRYSTAL K. KINZEL, Clerk COLLIER COUNTY,FLORIDA
By: By:
,Deputy Clerk William L.McDaniel,Jr., Chairman
Approved as to form and legality:
Jeffrey A.Klatzkow, County Attorney
Page 3 of 3
II
17G
Acct. #068779
May 30, 2019
Attn: Legals
Naples Media Group
1100 Immokalee Road
Naples, Florida 34110
Re: Amending Ordinance 2006-57 - Golf Carts/Chokoloskee & Plantation
Islands
Dear Legals,
Please advertise the above referenced notice Wednesday, June 5, 2019 and send
the Affidavit of Publication, together with charges involved to this office.
Thank you.
Sincerely,
Martha Vergara,
Deputy Clerk
P.O. #4500190373
17 G
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO CONSIDER AN ORDINANCE
Notice is hereby given that a public hearing will be held by the Collier County Board of County
Commissioners on June 25, 2019, in the Board of County Commissioners Meeting Room, Third Floor,
Collier Government Center, 3299 Tamiami Trail East, Naples FL., the Board of County Commissioners
(BCC) will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M.
The title of the proposed Ordinance is as follows:
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDINANCE NO. 2006-57, AS AMENDED, CODIFIED IN CHAPTER
130 "TRAFFIC AND VEHICLES" OF THE CODE OF LAWS AND ORDINANCES, TO ADD
SECTIONS ALLOWING FOR THE USE OF GOLF CARTS UPON DESIGNATED COUNTY
ROADS ON CHOKOLOSKEE ISLAND AND PLANTATION ISLAND, FLORIDA, SUBJECT TO
SPECIFIED RESTRICTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND
PROVIDING FOR AN EFFECTIVE DATE.
A copy of the proposed Ordinance is on file with the Clerk to the Board and is available for inspection.
All interested parties are invited to attend and be heard.
NOTE: All persons wishing to speak on any agenda item must register with the County manager prior to
presentation of the agenda item to be addressed. Individual speakers will be limited to 3 minutes on any
item. The selection of any individual to speak on behalf of an organization or group is encouraged. If
recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to
speak on an item.
Persons wishing to have written or graphic materials included in the Board agenda packets must submit
said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials
intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of
seven days prior to the public hearing. All materials used in presentations before the Board will become a
permanent part of the record.
Any person who decides to appeal any decision of the Board will need a record of the proceedings
pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal is based.
If you are a person with a disability who needs any accommodation in order to participate in this
proceeding, you are entitled, at no cost to you, to the provision of certain assistance. Please contact the
Collier County Facilities Management Division, located at 3335 Tamiami Trail East, Suite 101, Naples, FL
34112-5356, (239) 252-8380, at least two days prior to the meeting. Assisted listening devices for the
hearing impaired are available in the Board of County Commissioners Office.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR., CHAIRMAN
CRYSTAL K. KINZEL, CLERK
By: Martha Vergara, Deputy Clerk
(SEAL)
17G
G
Martha S. Vergara
From: GRSC-West-Legals mbx <GRSC-West-Legals@gannett.com>
Sent: Thursday, May 30, 2019 3:37 PM
To: Martha S. Vergara
Subject: RE: 3601181 Ord. Amending Ord. 2006-57 Golf Carts Chokoloskee & Plantation Islands
Attachments: Ad 3601181 proof.pdf
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Martha,
Attached is an order confirmation and proof for your review.The ad is scheduled to run in the Naples Daily News on
June 5, 2019.The total cost is $434.00. An affidavit will be mailed to you following the final run date of the ad. If you'd
like to make any changes, please submit them by 1:00 pm on June 4th and reference ad # 3601181.
Thank you,
Derek Lindberg
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700 option 4
www.naplesnews.com
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent:Thursday, May 30, 2019 12:25 PM
To: NDN-Legals<legals@naplesnews.com>
Subject: 3601181 Ord. Amending Ord. 2006-57 Golf Carts Chokoloskee & Plantation Islands
Hello,
Please advertise the following attached Friday, June 5, 2019.
Please forward an ok when received, if you have any questions feel free to call me.
Thanks,
176
NOTICE OF PUBLIC HEARING
NOTICE OF INTENT TO
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
June 25,2019, in the Board of
County Commissioners Meet-
ing Room, Third Floor, Collier
Government Center, 3299
Tamiami Trail East, Naples FL.,
the Board of County Commis-
sioners (BCC)will consider the
enactment of a County Ordi-
nance. The meeting will com-
mence at 9:00 A.M. The title
of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERS OF COLLIER COUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2006-57, AS
AMENDED, CODIFIED IN
CHAPTER 130 "TRAFFIC AND
VEHICLES" OF THE CODE OF
LAWS AND ORDINANCES, TO
ADD SECTIONS ALLOWING
FOR THE USE OF GOLF CARTS
UPON DESIGNATED COUNTY
ROADS ON CHOKOLOSKEE
ISLAND AND PLANTATION
ISLAND,FLORIDA,SUBJECT TO
SPECIFIED RESTRICTIONS;
PROVIDING FOR CONFLICT
AND SEVERABILITY; PROVID-
ING FOR INCLUSION IN THE
CODE OF LAWS AND ORDI-
NANCES;AND PROVIDING FOR
AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is available
for inspection. All interested
parties are invited to attend
and be heard.
NOTE: All persons wishing to
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing. In any case, written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
170
County staff a minimum of
seven days prior to the public
hearing. All materials used in
presentations before the
Board will become a perma-
nent part of the record.
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made,which record includes
the testimony and evidence
upon which the appeal is
based.
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled,at no cost to you,
to the provision of certain as-
sistance. Please contact the
Collier County Facilities Man-
agement Division, located at
3335 Tamiami Trail East, Suite
101, Naples, FL 34112-5356,
(239) 252-8380, at least two
days prior to the meeting. As-
sisted listening devices for the
hearing impaired are availa-
ble in the Board of County
Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L. MCDANIEL, JR.,
CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
June 5,2019 #3601181
i7GG
Martha S. Vergara
From: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Sent: Monday, June 3, 2019 1:25 PM
To: Martha S.Vergara
Cc: KlatzkowJeff
Subject: RE: Ord. Amending Ord. 2006-57 Golf Carts Chokoloskee & Plantation Islands
Martha:
Per Jeff, approved.
Dinny
Virginia A. Neet, FRP
Office of the Collier County Attorney
Telephone (239) 252-8066 - Fax (239) 252-6600
Under Honda Law,e-mail addresses are public records,If you do not want your e-mail address released in response to a public records request,do not send
electronic mail to this entity.Instead,contact this office by telephone or in writing.
From: Martha S. Vergara <Martha.Vergara@collierclerk.com>
Sent:Thursday, May 30, 2019 3:47 PM
To: NeetVirginia <Virginia.Neet@colliercountyfl.gov>
Subject: Ord. Amending Ord. 2006-57 Golf Carts Chokoloskee & Plantation Islands
Dinny,
Ad proof is attached.
Let me know of any changes needed.
I will be out tomorrow but back on Monday for any approvals not received today.
Thanks,
I7G
Martha S. Vergara
From: Martha S. Vergara
Sent: Monday, June 3, 2019 1:37 PM
To: 'GRSC-West-Legals mbx'
Subject: RE: 3601181 Ord. Amending Ord. 2006-57 Golf Carts Chokoloskee & Plantation Islands
Hi Derek,
This as has been reviewed and approved by the legal department.
Proceed with publishing as requested.
Thanks,
Martha
From: GRSC-West-Legals mbx<GRSC-West-Legals@gannett.com>
Sent:Thursday, May 30, 2019 3:37 PM
To: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Subject: RE: 3601181 Ord. Amending Ord. 2006-57 Golf Carts Chokoloskee & Plantation Islands
External Message: Please use caution when opening attachments, clicking links, or replying to this message.
Hi Martha,
Attached is an order confirmation and proof for your review.The ad is scheduled to run in the Naples Daily News on
June 5, 2019.The total cost is$434.00. An affidavit will be mailed to you following the final run date of the ad. If you'd
like to make any changes, please submit them by 1:00 pm on June 4th and reference ad# 3601181.
Thank you,
Derek Lindberg
Public Notice Representative
Naples Daily News I LOCALiQ
PART OF THE USA TODAY NETWORK
Office: 239-263-4700 option 4
www.naplesnews.com
From: Martha S.Vergara <Martha.Vergara@collierclerk.com>
Sent:Thursday, May 30, 2019 12:25 PM
To: NDN-Legals<legais@naplesnews.com>
Subject: 3601181 Ord. Amending Ord. 2006-57 Golf Carts Chokoloskee & Plantation Islands
Hello,
1
G
1 `m" Public Notices
NANCES;AND PROVIDING FOR
AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is available
for inspection. All interested
parties are invited to attend
and be heard.
NOTE: All persons wishing to
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item. The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman, a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item.
Z
Persons wishing to have writ-
ten or graphic materials in- r
cluded in the Board agenda m
packets must submit said ma- In
Z
terial a minimum of 3 weeks
prior to the respective public in
hearing. In any case, written N
materials intended to be con-
sidered by the Board shall be n
submitted to the appropriate 0
County staff a minimum of 3
seven days prior to the public MI
hearing. All materials used in
presentations before the
NOTICE OF PUBLIC HEARING Board will become a perma- m
NOTICE OF INTENT TO nent part of the record. 0
CONSIDER AN ORDINANCE Z
Notice is hereby given that a Any person who decides to vmi
public hearing will be held by appeal any decision of the 0
the Collier County Board of Board will need a record of >
County Commissioners on the proceedings pertaining
June 25, 2019, in the Board of thereto and therefore, may 8.-
County Commissioners Meet- need to ensure that a verba- C
ing Room, Third Floor, Collier tim record of the proceedings m
Government Center, 3299 is made, which record includes u,
Tamiami Trail East, Naples FL., the testimony and evidence
the Board of County Commis- upon. which the appeal is o
sioners (BCC)will consider the based.
enactment of a County Ordi- co
nance. The meeting will corn- If you are a person with a dis imi
-
mence at 9:00 A.M. The title ability who needs any accom-
of the proposed Ordinance is modation in order to partici- rs►
as follows: pate'in this proceeding, you W
AN ORDINANCE OF THE I are entitled, at no cost to you,
BOARD OF COUNTY COMMIS- 1 to the provision of certain as- J
SIONERS OF COLLIER COUNTY, sistance. Please contact the
FLORIDA, AMENDING ORDI- Collier County Facilities Man-
NANCE NO. 2006-57, AS agement Division, located at
AMENDED, CODIFIED IN 3335 Tamiami Trail East, Suite
CHAPTER 130 "TRAFFIC AND 101, Naples, FL 34112-5356,
VEHICLES" OF THE CODE OF (239) 252-8380, at least two
LAWS AND ORDINANCES, TO days prior to the meeting. As-
ADD SECTIONS ALLOWING silted listening devices for the
FOR THE USE OF GOLF CARTS hearing impaired are availa-
UPON DESIGNATED COUNTY ble in the Board of County
ROADS ON CHOKOLOSKEE Commissioners Office.
ISLAND AND PLANTATION
ISLAND, FLORIDA, SUBJECT TO BOARD OF COUNTY
SPECIFIED RESTRICTIONS; COMMISSIONERS
PROVIDING FOR CONFLICT COLLIER COUNTY,FLORIDA
AND SEVERABILITY; PROVID- WILLIAM L. MCDANIEL, JR.,
ING FOR INCLUSION IN THE CHAIRMAN
CODE OF LAWS AND ORDI-
CRYSTAL K.KINZEL,CLERK
By: Martha Vergara, Deputy
Clerk
(SEAL)
June 5,2019 #3601181
1 .7 G
a rs 4' aug \rwE1
PART OF THE USA TODAY NETWORK
Published Daily
Naples, FL34110
BCC ZONING DEPARTMEN T
3299 TAMIAMI TRL E 700
NAPLES,FL 34112
Affidavit of Publication
STATE OF WISCONSIN
COUNTY OF BROWN
Before the undersigned they serve as the authority,
personally appeared Vicky Felty who on oath says that she
serves as legal clerk of the Naples Daily News,a daily
newspaper published at Naples,in Collier County,Florida;
distributed in Collier and Lee counties of Florida;that the
attached copy of the advertising was published in said
newspaper on dates listed.Affiant further says that the said
Naples Daily News is a newspaper published at Naples,in
said Collier County,Florida,and that the said newspaper has
heretofore been continuously published in said
Collier County,Florida;distributed in Collier and Lee
counties of Florida,each day and has been entered as
second class mall matter at the post office in Naples, in
said Collier County,Florida,for a period of one year next
preceding the first publication of the attached copy of
advertisement;and affiant further says that he has neither
paid nor promised any person,or corporation any discount,
rebate,commission or refund for the purpose of securing
this advertisement for publication in the said newspaper.
dikots June 5,2019
Subscribed and sworn to before on June 6,2019:
YYt-
Notary,State of WI,County of Brown
TARA MONDLOCH I
INi Notary Public
State of Wisconsin
My commission expires August 6,2021
Publication Cost:$4 34.00
Ad No:0003601181
Customer No:1303809
PO#:4500190373
7 LI
NOTICE OF PUBLIC HEARIN(
NOTICE OF INTENT TO .i♦♦�
CONSIDER AN ORDINANCE
Notice is hereby given that a
public hearing will be held by
the Collier County Board of
County Commissioners on
June 25,2019,in the Board of
County Commissioners Meet-
ing Room,Third Floor,Collier
Government Center, 3299
Tamiami Trail East,Naples FL..
the Board of County Commis-
sioners(BCQ will consider the
enactment of a County Ordi-
nance.The meeting will com-
mence at 9:00 A.M. The title
of the proposed Ordinance is
as follows:
AN ORDINANCE OF THE
BOARD OF COUNTY COMMIS-
SIONERSOF COLLIEFCOUNTY,
FLORIDA, AMENDING ORDI-
NANCE NO. 2006-57, AS
AMENDED, CODIFIED IN
CHAPTER 130 "TRAFFIC AND
VEHICLES"OF THE CODE OF
LAWS AND ORDINANCES, TO
ADD SECTIONS ALLOWING
FOR THE USE OF GOLF CART
UPON DESIGNATED COUNTY
ROADS ON CHOKOLOSKE
ISLAND AND PLANTATIOtI
ISLAND, FLORIDA,SUBJECITO
SPECIFIED RESTRICTION!
PROVIDING FOR CONFLIC"
AND SEVERABILITY;PROVID-
ING FOR INCLUSION IN THE
CODE OF LAWS AND ORDI-
NANCES;AND PROVIDINGFOR
AN EFFECTIVE DATE.
A copy of the proposed Ordi-
nance is on file with the Clerk
to the Board and is available
for inspection. All interested
parties are invited to attend
and be heard.
NOTE:All persons wishing to
speak on any agenda item
must register with the County
manager prior to presentation
of the agenda item to be ad-
dressed. Individual speakers
will be limited to 3 minutes
on any item The selection of
any individual to speak on be-
half of an organization or
group is encouraged. If rec-
ognized by the Chairman,a
spokesperson for a group or
organization may be allotted
10 minutes to speak on an
item
Persons wishing to have writ-
ten or graphic materials in-
cluded in the Board agenda
packets must submit said ma-
terial a minimum of 3 weeks
prior to the respective public
hearing.In any case,written
materials intended to be con-
sidered by the Board shall be
submitted to the appropriate
County staff a minimum of
seven days prior to the public
hearing All materials used in
presentations before the
Board will become a perma-
nent part of the record
Any person who decides to
appeal any decision of the
Board will need a record of
the proceedings pertaining
thereto and therefore, may
need to ensure that a verba-
tim record of the proceedings
is made,which record includes
the testimony and evidence
upon which the appeal is
based,
If you are a person with a dis-
ability who needs any accom-
modation in order to partici-
pate in this proceeding, you
are entitled,at no cost to you
to the provision of certain as-
sistance Please contact the
Collier County Facilities Man- G
agement Division, located at ulir
3335 Tamiami Trail East, Suite
101,Naples,FL 34112-5356,
(239)252-8380,at least Iwo
days prior to the meeting As-
sisted listening devices for the
hearing impaired are availa-
ble in the Hoard of County
Commissioners Office.
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY,FLORIDA
WILLIAM L.MCDANIEL,JR.
CHAIRMAN
CRYSTAL K.KINZEL,CLERK
By:Martha Vergara,Deputy
Clerk
(SEAL)
June 5,2019 #3601181
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO 1 7 G
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. The completed routing slip and original documents are to be forwarded to the County Attorney Office
at the time the item is placed on the agenda. All completed routing slips and original documents must be received in the County Attorney Office no later
than Monday preceding the Board meeting.
**NEW** ROUTING SLIP
Complete routing lines#1 through#2 as appropriate for additional signatures,dates,and/or information needed. If the document is already complete with the
exception of the Chairman's signature,draw a line through routing lines#1 through#2,complete the checklist,and forward to the County Attorney Office.
Route to Addressee(s) (List in routing order) Office Initials Date
1.
2.
3. County Attorney Office County Attorney Office JAK 6/25H-9
4. BCC Office Board of County �-
Commissioners \6/ )\7.JC\\c\
5. Minutes and Records Clerk of Court's Office k*rci 4 W°
PRIMARY CONTACT INFORMATION
Normally the primary contact is the person who created/prepared the Executive Summary. Primary contact information is needed in the event one of the addressees
above,may need to contact staff for additional or missing information.
Name of Primary Staff Daniel G.Hall, P.E.,Transportation Phone Number 252-6077
Contact/Department Engineering D' ion /
Agenda Date Item was 6/25/19 v Agenda Item Number 17-G t
Approved by the BCC
Type of Document Ordinance—Golf Carts Number of Original One
Attached Documents Attached
PO number or account n/a
number if document is pa L°1 --lc,
to be recorded
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark"N/A"in the Not Applicable column,whichever is Yes N/A(Not
appropriate. (Initial) Applicable)
1. Does the document require the chairman's original signature STAMP OK JAK
2. Does the document need to be sent to another agency for additional signatures? If yes, JAK
provide the Contact Information(Name;Agency;Address; Phone)on an attached sheet.
3. Original document has been signed/initialed for legal sufficiency. (All documents to be JAK
signed by the Chairman,with the exception of most letters,must be reviewed and signed
by the Office of the County Attorney.
4. All handwritten strike-through and revisions have been initialed by the County Attorney's JAK
Office and all other parties except the BCC Chairman and the Clerk to the Board
5. The Chairman's signature line date has been entered as the date of BCC approval of the JAK
document or the final negotiated contract date whichever is applicable.
6. "Sign here"tabs are placed on the appropriate pages indicating where the Chairman's JAK
signature and initials are required.
7. In most cases(some contracts are an exception),the original document and this JAK
routing slip should be provided to the County Attorney Office at the time the item is
input into MinuteTraq. Some documents are time sensitive and require forwarding
to Tallahassee within a certain time frame or the BCC's actions are nullified. Be
aware of your deadlines!
8. The document was approved by the BCC on 6/25/19 and all changes made during the JAK N/A is not
meeting have been incorporated in the attached document. The County Attorney's an option for
Office has reviewed the changes,if applicable. ---^ this line.
9. Initials of attorney verifying that the attached document is the version approved by e 5K.kn. N/A is not
BCC,all changes directed by the BCC have been made,and the document is ready or the option for
`
Chairman's signature. V is line.
k-kr-\v-N\-c ckm.),,A4t=\e.),I•L'C-1/4,
[04-COA-0 1 08 1/1 3 44 83 0/111:Forms/County Forms/BCC Forms/Original Documents Routing Slip WWS Original 9.03.04,Revised 1.26.05,Revised 2.24.05;
Revised 11/30/12
1 7 G
MEMORANDUM
Date: June 27, 2019
To: Daniel Hall, Senior Project Manager
Transportation Engineering & Construction Management
From: Teresa Cannon, Sr. Deputy Clerk
Minutes and Records Department
Re: Validated Ordinance 2019-16: Amending Ordinance 2006-57
allowing Golf Carts on designated roads in Chokoloskee Island and
Plantation Island
Attached for your records is a copy of the Resolution as referenced above, (Item
#17G) adopted by the Board of County Commissioners on Tuesday June 25, 2019.
The Minutes and Record's Department has held the originals for the Board's
Official Record.
If you have any questions, please feel free to contact me at 252-8411.
Thank you.
Attachment
17G
Teresa L. Cannon
From: Teresa L. Cannon
Sent: Thursday, June 27, 2019 9:04 AM
To: 'countyordinances@dos.myflorida.com'
Subject: CLL Ordinance 2019-0015
Attachments: CLL20190625_Ordinance2019_0015.pdf
SENT BY: COLLIER COUNTY CLERK OF CIRCUIT COURT
MINUTES &RECORDS DEPARTMENT
SENDER'S PHONE: 239-252-8411
COUNTY: COLLIER(CLL)
ORDINANCE NUMBER: 2019-0015
Teresa Cannon
BMR Senior Clerk II
tt t ur kl Office: 239-252-8411
��•�` 4`F.,� Fax: 239-252-8408
Teresa.Cannon@CollierClerk.com
- Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail E,Suite#401
Naples, FL 34112-5746
www.CollierClerk.com
i
1 7 G
ORDINANCE NO. 2019 - 1 6
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AMENDING ORDINANCE NO. 2006-57,
AS AMENDED, CODIFIED IN CHAPTER 130 "TRAFFIC AND
VEHICLES" OF THE CODE OF LAWS AND ORDINANCES, TO ADD
SECTIONS ALLOWING FOR THE USE OF GOLF CARTS UPON
DESIGNATED COUNTY ROADS ON CHOKOLOSKEE ISLAND AND
PLANTATION ISLAND, FLORIDA, SUBJECT TO SPECIFIED
RESTRICTIONS; PROVIDING FOR CONFLICT AND SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 316.212(1), Florida Statutes, permits counties to allow golf carts to
be operated on county roads provided the county first determines that golf carts may safely travel
on or cross the public road or street,considering factors including the speed,volume,and character
of motor vehicle traffic using those roads or streets; and
WHEREAS, Section 316.212(8)(a), Florida Statutes, allows counties to enact restrictions
and regulations on unlicensed drivers relating to golf cart operation and equipment which are more
restrictive than the regulations enumerated in Florida Statutes if appropriate signs are posted or the
residents are otherwise informed that such regulations exist and will be enforced within the local
government's jurisdictional territory; and
WHEREAS,the Board of County Commissioners has previously accepted the findings of
the"Traffic Report: Golf Cart Transportation on Chokoloskee and Plantation Island"prepared by
Trebilcock Consulting Solutions, P.A., which recommends that the Chokoloskee Island and
Plantation Island community streets be designated for golf cart use except for Plantation Parkway
and CR-29 (segment from Plantation Parkway to Chokoloskee). For these roadway facilities,the
Traffic Report specifies conditions under which golf cart operation may be allowed; and
WHEREAS, in accordance with the Board of County Commissioners desires to provide
additional regulations for the operation of golf carts by unlicensed drivers on these designated
community streets on Chokoloskee Island and Plantation Island located in Collier County,Florida;
and
WHEREAS, the Board of County Commissioners believes that the regulations proposed
in the Ordinance promote and enhance the health, safety and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY,FLORIDA,that:
Page 1 of 3
17G
SECTION ONE: Ordinance No. 2006-57, as amended, is amended to add a new section
allowing for the use of golf carts upon designated public roads and streets
on Chokoloskee Island and on Plantation Island,Collier County,Florida.
Section 130(c)Designated in Chokoloskee Island and on Plantation Island:
(1) The term "golf cart" is defined as stated in F.S. § 320.01(22), as a motor vehicle that is
designed and manufactured for operation on a golf course for sporting or recreational purposes,
and that is not capable of exceeding speeds of twenty(20) miles per hour.
(2) Golf carts may be operated on county roads and streets on Chokoloskee Island and on
Plantation Island, Florida, with the exception of Plantation Parkway from approximately 850
feet north of Spoonbill Avenue to CR 29 and also on CR 29 from approximately 1120 feet north
of Demere Lane north to end of County maintenance (approximately 2750 feet south of
Plantation Parkway).
(3) In addition to the requirements of F.S. § 316.212, which are applicable to the operation of
golf carts on the aforementioned designated roads, streets and sidewalks, with respect to
unlicensed drivers the following restrictions shall also apply:
a. All unlicensed drivers operating golf carts subject to this Ordinance must be a
minimum of fifteen (15)years of age.
b. The number of occupants in any golf cart operated by an unlicensed driver on the
designated streets and roads shall be restricted to the number of seats on the golf cart.
No occupants of a golf cart operated by an unlicensed driver shall stand at any time
while the golf cart is in motion.
c. Before golf carts may be operated by unlicensed drivers under this section,the owners
thereof must purchase and maintain liability insurance insuring against personal injury
and damage to property of any nature relative to the operation of golf carts on the
designated roadways and pathways.
(4) Violations of this section shall constitute a non-criminal infraction enforceable pursuant to
the provisions of F.S. § 316.212(9).
(5) The Collier County Transportation Division shall post appropriate signs or otherwise inform
the residents that such an ordinance exists and that it will be duly enforced.
SECTION TWO: 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.
Page 2 of 3
17G
SECTION THREE: 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. The sections of the Ordinances may be renumbered or
relettered to accomplish such,and the word "ordinance"may be changed to "section," "article," or
any other appropriate word.
SECTION FOUR: Effective Date.
This Ordinance shall become effective upon receipt of notice 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 2_:�-Hr day of 71) r,1/4:1_, , 2019.
ATTEST.: . BOARD OF COUNTY COMMISSIONERS
CRYSTAL K'K.tNZEL, Clerk COLLIER C , ORIDA
_ 1. Ce) / ':
AtfSt •., 0 , Clerk W. jam L. McDaniel,Jr., Cha rman
Si, aluf•
it, 1 5
Approv l. .. and legality:
WLIVA
Jeffrey ' Kla furFt County Attorney
II
This ordinance filed with the
Secretary of State's Office the
C 1 iay of 4u- ,remit el
and acknowledgement of that
filina received this a day
of M.:et
tilvV
Deouty Clerk
Page 3 of 3
0t.,„.,,,�i
ter►
„I.,
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M. LEE
Governor Secretary of State
June 27, 2019
Ms. Teresa L. Cannon, BMR Senior Clerk II
Office of the Clerk of the Circuit Court
&Comptroller of Collier County
3299 Tamiami Trail, Suite#401
Naples, Florida 34112-5324
Dear Ms. Cannon:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2019-16, which was filed in this office on June 27, 2019.
Sincerely,
Ernest L. Reddick
Program Administrator
ELR/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270
www.dos.state.fl.us
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