Ordinance 2021-21 ORDINANCE NO. 2021 -21
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.
[21-ECM-02620/1631072/1]
Words underlined are added;Words struck-through are deleted. CAO
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 be 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 accordance 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
[21-ECM-02620/1631072/1]
Words underlined are added;Words stiuslE-thfsugh are deleted. CAO
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 shall 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 more 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 affect 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 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 filing with the Florida Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida this &5 day of 141(24,) , 2021.
ATTEST: BOARD OF COUNTY COMMISSIONERS
Crystal K. Kinzel, Clerk of Courts COLLIER Y, FLORIDA
ByN 1
,n, /. By.
.. 14 -D z I ty Clerk Pe y Taylor, air
;Alt t'as to C m,n
S]q Ire{�n Thit ordinonce filed wlth the
Approve cJa o:form and legality: ry of r t�'s Ct - e
' ' May of
ai. and acknowledg that
fill received da
A. Kl tzkow, County Attorney of y Jeffrey;A
iiiBy
[21-ECM-02620/1631072/1] 0
Words underlined are added;Words dough are deleted.
ilfr
FLORIDA DEPARTMENT Of STATE
RON DESANTIS LAUREL M.LEE
Governor Secretary of State
May 27, 2021
Ms. Ann Jennejohn, BMR Senior Deputy Clerk II
Office of the Clerk of the Circuit Court
& Comptroller of Collier County
3329 Tamiami Trail E, Suite #401
Naples, Florida 34112
Dear Ms. Jennejohn:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge receipt of your
electronic copy of Collier County Ordinance No. 2021-21, which was filed in this office on May 27, 2021.
Sincerely,
Anya Grosenbaugh
Program Administrator
AG/lb
R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250
Telephone: (850) 245-6270