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Agenda 05/11/2021 Item #16A15 (Advertise Ordinance Related to Truck Restrictions on County Roads)05/11/2021 EXECUTIVE SUMMARY Recommendation to direct staff to advertise an amendment to Section 130-3 of the Collier County Code of Laws and Ordinances, relating to prohibiting the operation of trucks and other commercial vehicles with a rated load-carrying capacity in excess of five (5) tons from through movements on designated public roads and streets in Collier County. OBJECTIVE: To prohibit the operation of trucks and other commercial vehicles with a rated load- carrying capacity in excess of five (5) tons from through movements on designated public roads and streets in Collier County. CONSIDERATIONS: Currently Section 130-3 (a) of the Code of Laws and Ordinances of Collier County provides that “No person shall operate any truck or other commercial vehicle with a rated capacity in excess of one ton upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation…” A restriction of one ton is deemed to be too limiting for certain classifications of roadways in Collier County. A weight restriction of one ton prohibits several models of pickup trucks such as a Ford F-250 or Ford F-350 from traveling on roadways with truck traffic restrictions under the current ordinance unless making a local delivery along the road. FISCAL IMPACT: Advertising costs are estimated at $350. Sufficient funding is available in Transportation Operations Fund 101 for advertising costs. GROWTH MANAGEMENT IMPACT: This action will result in no growth management impact. LEGAL CONSIDERATIONS: This item has been reviewed by the County Attorney, is approved as to form and legality, and requires majority vote for approval. -JAK RECOMMENDATION: Direct the staff to advertise an amendment to Section 130-3 of the Collier County Code of Laws and Ordinances. Prepared by: Daniel G. Hall, P.E., Transportation Engineering Division ATTACHMENT(S) 1. Ordinance - 5 ton truck restriction (DOCX) 16.A.15 Packet Pg. 450 05/11/2021 COLLIER COUNTY Board of County Commissioners Item Number: 16.A.15 Doc ID: 15717 Item Summary: Recommendation to direct staff to advertise an amendment to Section 130-3 of the Collier County Code of Laws and Ordinances, relating to prohibiting the operation of trucks and other commercial vehicles with a rated load-carrying capacity in excess of five (5) tons from through movements on designated public roads and streets in Collier County. Meeting Date: 05/11/2021 Prepared by: Title: Project Manager – Growth Management Development Review Name: Laurie Beard 04/29/2021 3:06 PM Submitted by: Title: Division Director - IF, CPP & PM – County Manager's Office Name: Amy Patterson 04/29/2021 3:06 PM Approved By: Review: Transportation Engineering Daniel Hall Additional Reviewer Completed 04/29/2021 3:39 PM Growth Management Department Jeanne Marcella Level 1 Reviewer Completed 04/29/2021 4:16 PM Transportation Engineering Jay Ahmad Additional Reviewer Completed 04/30/2021 10:06 AM Growth Management Department Trinity Scott Additional Reviewer Completed 05/03/2021 8:21 AM County Manager's Office Amy Patterson Additional Reviewer Completed 05/03/2021 8:56 AM Growth Management Department Lorraine Lantz Department Head Review Skipped 05/03/2021 10:06 AM Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 05/03/2021 11:05 AM Office of Management and Budget Susan Usher Additional Reviewer Completed 05/04/2021 9:03 AM County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/04/2021 11:15 AM County Manager's Office Geoffrey Willig Level 4 County Manager Review Completed 05/04/2021 11:46 AM Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM 16.A.15 Packet Pg. 451 Words underlined are added; Words struck through are deleted. ORDINANCE NO. 2021 -____ AN ORDINANCE AMENDING SECTION 130-3 OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES, ALSO CITED AS ORDINANCE NO. 03-19, §1, RELATING TO RESTRICTING TRUCKS WEIGHING OVER 5 TONS FROM THROUGH MOVEMENTS ON DESIGNATED PUBLIC ROADS AND STREETS; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 316.008, Florida Statutes, authorizes any local authority to regulate or prohibit, in whole or in part, the operation of any specified class or size of motor vehicles, trailers, or semitrailers on any highways or specified parts thereof under its jurisdiction, whenever in its judgment, such regulation or prohibition is necessary to provide for the public safety and convenience on the highways, or parts thereof, by reason of traffic density, intensive use thereof by the traveling public, or other reasons of public safety and convenience; and WHEREAS, the Board of County Commissioners of Collier County has determined that, by reason of traffic density, intensive use by the traveling public and in the interest of public safety and convenience, it is in the best interest and benefit of the citizens of Collier County to prohibit through movements of trucks or other commercial vehicles with a rated capacity in excess of five tons on designated public roads and streets; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 83 - 35, also cited as Section 130-3 of the Collier County Code and Ordinances, which regulated the operation of trucks of over one ton weight; and WHEREAS, the Board of County Commissioners previously enacted Ordinance No. 03- 19, also cited as Section 130-3 of the Collier County Code and Ordinances, which prohibited trucks or other commercial vehicles with a rated capacity in excess of five tons from using the left lane on all multilane roads or streets in Collier County whenever such road or street is posted with signs prohibiting such operation; and WHEREAS, the Board of County Commissioners of Collier County desires to amend Section 130-3 of the Collier County Code and Ordinances, also cited as Ordinance 03-19, as amended, to prohibit trucks weighing over 5 tons from through movements on designated public roads and streets. 16.A.15.a Packet Pg. 452 Attachment: Ordinance - 5 ton truck restriction (15717 : Through Truck Operation over 5 tons) Words underlined are added; Words struck through are deleted. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION ONE: AMENDMENTS TO SECTION 130-3. Section 130-3 of the Code of Laws and Ordinances is hereby amended to read as follows: Sec. 130-3. - Operation of trucks of over one ton posted weight. (a) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of one ton or five tons, as deemed appropriate by the county administrator or designee, upon any road or street in the county whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. (b) No person shall operate any truck or other commercial vehicle with a rated capacity in excess of five tons upon the left lane of any multi -lane road or street in the county, except for passing or preparing to make a left turn, whenever such road or street is posted with signs prohibiting such operation, except as hereinafter provided. (c) The county administrator is authorized to determine those roads and streets upon which such vehicles are to be prohibited, and those roads and streets upon which such vehicles' operation in the left lane is restricted, and, with the approval of the board of county commissioners 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. (d) The provisions of this section shall not b e applicable to the following: (1) The operation of emergency vehicles. (2) The operation of any vehicle owned or operated by a governmental agency, public utility or contractor while engaged in the repair, maintenance or construction of roads, streets, utilities or structures along the roads and streets designated in accordance with this section. (3) The operation of garbage or trash trucks while actually engaged in the collecting of garbage or trash along the roads and streets designated in ac cordance with this section. (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 designated roads and 16.A.15.a Packet Pg. 453 Attachment: Ordinance - 5 ton truck restriction (15717 : Through Truck Operation over 5 tons) Words underlined are added; Words struck through are deleted. streets at a safe intersection nearest the destination of the vehicle and shall proceed thereon no farther than the nearest intersection thereafter. (e) Any person who violates the provisions of this section shall be subject to prosecution in the manner prescribed by general law; and upon conviction, such person sha ll be subject to a fine, imprisonment, or both a fine and imprisonment as provided by general law. SECTION TWO: CONFLICT AND SEVERABILITY. In the event this ordinance conflicts with any other ordinance of Collier County or other applicable law, the mor e restrictive shall apply. If any phrase or portion of this 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 affec t the validity of the remaining portion. 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 Or dinances 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 filing with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this _____ day of ____________, 2021. ATTEST: BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk of Courts COLLIER COUNTY, FLORIDA By: ___________________________ By: _____________________________ , Deputy Clerk Penny Taylor, Chair Approved as to form and legality: ______________________________ Jeffrey A. Klatzkow, County Attorney 16.A.15.a Packet Pg. 454 Attachment: Ordinance - 5 ton truck restriction (15717 : Through Truck Operation over 5 tons)