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Ordinance 2022-02 ORDINANCE NO. 2022 - 02 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, REPEALING PORTIONS OF ORDINANCE 87-60, AS AMENDED, AS IT RELATES TO THE ISSUANCE OF PERMITS FOR CHARITABLE SOLICITATIONS AT INTERSECTIONS, AND CREATING A NEW SECTION OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES ENTITLED "COLLIER COUNTY PEDESTRIAN SAFETY ORDINANCE"; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the National Highway Traffic Safety Administration published data reflecting that, in 2019, Florida ranks second nationally in the number of pedestrian fatalities; and WHEREAS, Collier County has a significant government interest in pedestrian safety and this ordinance regulates conduct for the purpose of promoting pedestrian safety; and WHEREAS, according to the Florida Department of Highway Safety and Motor Vehicles publication titled "Traffic Crash Facts — Annual Report 2019" available at https://www.flhsmv.gov/pdf/crashreports/crash facts 2019.pdf, in 2019, there were 130 pedestrians involved in traffic crashes in Collier County, among those 6 were killed and 105 suffered injuries; and WHEREAS, according to the report entitled Collier Metropolitan Planning Organization Local Road Safety Plan, prepared by Tindale Oliver, non-motorized road users, angle, left turn, and lane departure crashes accounted for 30% of all crashes in Collier County between 2014 and 2018, but resulted in 72% of the severe injuries and 89% of the fatalities; and WHEREAS, according to the Local Road Safety Plan, approximately two-thirds of all crashes in Collier County occur along County-maintained roadways, allowing Collier County the ability to substantially self-manage safety outcomes on its roadways; and WHEREAS, as stated on page 68 of the Florida Department of Transportation publication entitled "2014 Median Handbook, as updated October 2017," "for a median to be considered a pedestrian refuge, the minimum median width must be 6 feet, but preferably at least 8.5 feet." Based upon this report, the Board of County Commissioners finds that medians that are less than 6 feet in width are intended to serve as traffic separators and not designed to provide safe refuge for pedestrians; and WHEREAS, the Board of County Commissioners wishes to repeal Subsections F and G of Section Three of Ordinance 87-60, as amended; and [21-COA-02062/1689754/1] CO) WHEREAS, the Board of County Commissioners finds that this Ordinance is narrowly tailored to impose specific place and manner restrictions to protect the public health, safety, and welfare by reducing the likelihood of serious bodily injury or death that results from conflicts between vehicular traffic and the presence of pedestrians; and WHEREAS, the Board of County Commissioners seeks to prevent further pedestrian fatalities or injuries within the County. NOW, THEREFORE, BE IT DULY ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS FOLLOWS: SECTION ONE: LEGISLATIVE FINDINGS OF FACT. The foregoing WHEREAS clauses are hereby adopted as legislative findings of the Board of County Commissioners and are ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption thereof. SECTION TWO: TITLE AND CITATION. This Ordinance shall be known as the Collier County Pedestrian Safety Ordinance. SECTION THREE: DEFINITIONS. For the purpose of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning: Median means the portion of the roadway separating the opposing traffic flows. Medians can be depressed, raised, or flush. Motor vehicles means any vehicle which is self-propelled and every vehicle which is propelled by electric power obtained from overhead trolley wires, but not operated upon rails, but not including any bicycle or moped as defined in this section. Pedestrian means any person afoot. Person means any natural person, firm, co-partnership, association, or corporation. Sidewalk is the portion of the street right-of-way intended for the use of pedestrians that is between the curb and the adjacent property line. If there is no curb or right-of-way parking area, it is the portion of the street right-of-way intended for the use of pedestrians that is between the roadway and the adjacent property line. If there is no curb but there is a right-of-way parking area, it is the portion of the street right-of-way intended for the use of pedestrians that is between the right-of-way parking area and the adjacent property line. Traffic separator means a barrier, such as a concrete wall, raised median, guardrail, fence, or landscaped or gravel area, whether or not raised, that is less than 6 feet in width placed between lanes of a roadway to divide traffic moving in opposite directions. Travel lane means the portion of the roadway dedicated to the movement of motor vehicles traveling from one destination to another where a motor vehicle may not remain stationary [21-COA-02062/1689754/1] CAD) indefinitely without eventually obstructing the free flow of motor vehicle traffic,and not including, shoulders,bicycle lanes, or on the street parking. Travel lanes do not include sidewalks,bike paths, private property, or streets closed to vehicular traffic. The term shall include bike lanes which are delineated but a contiguous part of the street or highway pavement. SECTION FOUR: JURISDICTION The provisions of this section shall be in effect upon all streets and highways owned and maintained by the county within the unincorporated area of the county over which Collier County has traffic control jurisdiction. SECTION FIVE: INTERACTIONS WITH OR IMPEDING TRAFFIC ON ROADWAYS AND SIDEWALKS 1. A person shall not obstruct or prevent the free use of sidewalks or crosswalks by other persons. 2. A person shall not willfully obstruct the free, convenient, and normal use of a public roadway by: a. Impeding, hindering, stifling, retarding, of restraining traffic or passage thereon; b. Standing, sitting, walking, running, or otherwise remaining in the roadway; or c. Endangering the safe movement of vehicles or pedestrians traveling thereon. 3. A person may not stand, sit, lie, walk upon, or stay for any purpose in between two parallel motor vehicle travel lanes. This prohibition does not prohibit a person from lawfully crossing a street. 4. This Section does not prohibit persons from doing the following: a. Delivering or offering to deliver a tangible thing to an occupant of a motor vehicle or receiving a tangible thing from an occupant of a motor vehicle at a legal stop in a travel lane when the person is on the side of the vehicle that is closest to the edge of the roadway and the vehicle is located in one of the following locations: i. On a one-way street with only one travel lane, and the vehicle is located in the travel lane; ii. On a one-way street with two or more lanes of travel, and the vehicle is located in the travel lane that is rightmost or leftmost from the driver's viewpoint; or iii. On a two-way street with two or more lanes of travel, and the vehicle is located in the travel lane that is the rightmost from the driver's viewpoint. iv. In all interactions with motor vehicles in the rightmost travel lane, the person must stay on the rightmost side of the vehicle during the interaction b. This prohibition shall not apply to the following persons: i. Government law enforcement officers, fire rescue, or other government employees acting within the scope of their governmental employment and/or authority; ii. A person conducting legally authorized collection of solid waste or recyclable or recovered materials, construction work, or maintenance work, or other legally authorized work; CEO) [21-COA-02062/1689754/1] iii. A person responding to an emergency, such as medical personnel, roadside assistance, or towing and recovery personnel; or iv. A person instructed to stand in the traffic separator by law enforcement personnel or fire rescue personnel. SECTION SIX: USE OF MEDIANS BY PEDESTRIANS No person shall stand, lie, sit, walk upon, or stay for any purpose within any public median that is six feet in width or less (a "traffic separator"), except within areas that are specifically designated and marked for pedestrian access as evidenced by a crosswalk within the median. The prohibition regarding pedestrians in the medians of less than six feet in width does not apply to the following persons: 1. Government law enforcement officers, fire rescue, or other government employees acting within the scope of their governmental employment and/or authority; 2. A person conducting legally authorized collection of solid waste or recyclable or recovered materials, construction work, or maintenance work, or other legally authorized work; 3. A person responding to an emergency, such as medical personnel, roadside assistance, or towing and recovery personnel; or 4. A person instructed to stand in the traffic separator by law enforcement personnel or fire rescue personnel. SECTION SEVEN: REPEAL OF SUBSECTIONS F AND G OF SECTION THREE, "EXCEPTIONS," OF ORDINANCE 87-60, AS AMENDED, RELATING TO CHARITABLE SOLICITATIONS AT TRAVELED ROAD INTERSECTIONS. Subsections F and G of Section Three, "Exceptions,"of Ordinance No. 87-60, as amended, as codified in Section 26-1(c)(6)-(7) of the Collier County Code of Laws and Ordinances, are hereby repealed as follows: (F) CharitabLe S Viictation J Lt T 1AYll lUd- D . t _ _t' 1. In this subsection, "Road" means all geographic areas between the two exterior most erlg� f p ed e ed surfaces ar ail.,ble f ,l b d h'ettlar .....vu vubv� Yv'a' rw..vu vi a..a1�L�i.r vwa�J.ul lLlvvJ,..7u r'ulluvali 1V1 tr�Yi��k�edians ccnd shroul n 11 ic inc1 oads-separated by one-or i"or-e zme aye t'b�o (2) exterior- o edges. "Road" includes streets, highways, alleys, and other nouns that are used to describe facilitiesze veling-byes e-Tend-park ng o otel=vehicles ns subsection applies to all roads over which Collier County then has traffic control jurisdiction. "Pedestrian" means every individual who goes onto the traveled road to interact with any operator or occupant of any vehicle being operated on the road, including each supervisor while the supervisor is on the traveled road surface. "Participant" includes the permit applicant each pedestrian, each supervisor, and ,ther :ndiy dual a .,ted with the ., „lie nt and who Y, the Y .,a d„ring e Y�Vl,'� VL11V1 111U1 VIURLAI-GT � any of the subject in the road activities. C40 [21-00A-02062/1689754/1] intersections in unincorporated Collier County then open to vehicular traffic may be acquired from the Collier County Transportation Department, subject to continued compliance with all of the following: under the United States Internal Revenue Code and must be registered as a soli.;tor � trib tions t t„ � c t, nog 1, t i tt f .,.,;. �-coircrry arrvrrrp�ii�ccccrr�rvTc�cn. , ccccrvr exemption, ed to tho pl; nt p nit to that Ch pto V llVll ltJ ll Vll 1JJUV B. Permit Application. (i) There shall be no fee for the permit. The applicant shall submit to the complete, executed standard application form to the County's Transportation Department. No incomplete application shall be accepted. If the application form is not accepted by staff for any reason, staff, not later than five (5) workdays following receipt of the application, shall inform the applicant in writing of the reason(s) for non acceptance. The time period for staff approval or denial of an application shall not commence until a complete application form is accepted. Each complete form shall be processed on a first applied for, first processed basis. The Transportation Department shall either deny the complete permit application(for stated reasons) or grant the permit, within ten (10) workdays following receipt of the complete application. If the Transportation Department does not make a final decision to approve or deny a complete application within ten (10) workdays after staffs receipt of the application (including proof of required insurance), the application shall be specific time period to solicit contributions not to exceed seventy two (72) consecutive hours. No applicant shall request that the solicitation time period commence more than sixty (60) calendar days after, nor sooner than fourteen (11) calendar days after, the (and be permitted) to solicit contributions concurrently at several intersections, but only one permittee may solicit at any intersection at any one time. (ii) Military Representation. Organizations whose solicitors represent that they are veterans of the military, or wear a military uniform or a distinctive part of a military uniform must provide evidence of present or former military service for each solicitor. Evidence that will be accepted includes, but is not limited to: TID 2t4er Statement of Ser„;ce (Deport of Separation)• b. Communication from military or veterans office that contains information regarding military service or an indication of military service. CM); [21-00A-02062/1689754/1] (...) ;n ur Eael t o r rti f t f r Mitt ���. ,_._.,_ _^ �t�r�]ir�tmn mart ; wee--shewi-ng oof of gen. ;l an policy limits of not less than one million dollars per occurrence for personal injury/death; one million dollars for property damage; at least e3nn nnn nn fre daw, i ). t t ♦ $t c 000.00 ' medical expenses (any one person); at least two million dollars gener-al—aggregate� cad--at- Past- twe— illion dollars--aggregrate• fer comprehensive liability, products. All such insurance must be in effect throughout the solicitation time period. The permit shall automatically be rendered void if the required insurance is not ,tinuously i„ f;,tt f ana eff t throughout the sel it t t period. The insurance must insure the applicant (entity or individual), all participants, and all third party claimants who may assert claims for personal injury, d ath and/or property damage alleged to have been caused by, or resulted from, the applicant's in the road activity. Collier County must be a named insured. C. Times for in the road solicitations. All in the road solicitations must be conducted only during Saturdays, Sundays, federal holidays and Florida holidays, and not before 7:00 a.m. nor after 7:00 p.m. No solicitation shall be conducted when rain is f t o �r�e icy ether—activity ph „t b ph t dit that limits the visibility of any participant or vehicle operator. , must sign the county's informed consent and waiver, and furnish his/her signed consent and waiver to the county's transportation department before engaging in any of the subject in the road activities. Each participant must be (or have been) a fireman, police officer(including military police), or other law enforcement officer who has been trained regarding the physical dangers of in the road activity when roads are open to vehicular traffic, or other individual who has satisfactorily completed a safety training course appropriate to safety considerations of in the traveled road activities and such course was sponsored by the National Safety Council or other similar organization. E. Participant behavior during in the road activity. i. Each participant must wear a highly visible(orange or other light colored vest) or reflective vest whenever engaged in any in the road activity. Each pedestrian shall approach only stopped vehicles and shall obey all traffic laws, traffic control devices, and instructions from any law enforcement officer or county code enforcement officer. No participant shall act in any unprofessional manner, including dancing, changing, or organized singing; nor use or be under the influence of any alcoholic beverage or drug. No participant shall persist soliciting any individual after that solicitation has been refused; nor demand, threaten or intimidate any member of the public; nor suggest or imply that the applicant (or any participant) is a representative of any governmental entity, or otherwise misrepresent identity, authority or purpose. r CI O [2].-COA-0 2062/1689 754/1] • intersection at any one time;-inoluding one way roads. No more than eight pedestrians shall at one time be in the traveled part of a divided road i_rt� ct+ Tf,„ than two, edestrians the t. , led art ..f th _a v V Mull strians must at all such times be a. "„'rn edJ'b. a s ,r0 rhJ,at th t Vt'Vll`uZld t tL t 1 .1 surface), and the supervisor must monitor the-traffto-situation-and-applioahle traffic control devices, and audibly alert the pedestrians the instant the applicable traffic . nt 1 .1 ..L..rages (inclu ing lef+t.,...., lig t t. rns NN V Vvllll > • , any safety reason reasonably necessitates instant curtailment of the in the road activities. iii. Solicitation is limited to the vehicle operator's (left) side of the vehicle, including on roads that have medians (or other interior raised curbs) and the pPeestriar , o el media,, t n 1 f rl d bl f d r VIAl{All Vl Irlitirl hand held sign per pedestrian is allowed. The permittee may have one of its operations vehicle l., .,f ull, rke at tl, t t' ,a t1 yr vaan.aa vaa� •vaaavav aK,r1u aJ t.J,Aa 1�Vu 4AL Vl 11V1A1 111V 111LV , vehicle's lights, including its flashing lights, provided such lights are usually installed on the vehicle. Except to the extent, if any, prohibited by law, the permittee may use cones in the road to the extent the permittee deems such cones appropriate to promote safety and no cone impedes the flow of traffic. iv. The following are prohibited: sound amplification, drum, bell, tambourine, hr� n /or oter . „ mang 11Vrr, " h a kid , v. There shall be no charitable solicitation in the road without a staffed, public safeti o hicle presen lic safety-yehi viall de nay-mar ed law enforcement-dent-or emergency response ale-The cost-of the :t.,ffe.1p„l,lic safety vehicle shall be the obligati ftl Q li 't ,lurl�.0 F. Eligible intersections. In the road solicitation shall be permitted only at signalized read-interseLiens-then controlled by functiioning-traf c control ligh s (whie-h excludes intersections controlled by flashing lights, stop signs, yield right of way ote) l„ the r as s„licit.,tion : l •t a t t tl 1 1 1 t a currency (bills and/or coins). There shall be no solicitations at intersections where the posted speed limits exceeds '15 (forty five) miles per hour. 3. Permit suspension or revocation. If any participant is observed by a county code enforcement officer, deputy sheriff or other authorizer) law e„f re ent officer t„ be permit to solicit at that specific intersection may be summarily revoked by such officer, whereby all in the road activity at that intersection shall cease immediately. Staff may suspend or revoke the issued permit to solicit whenever any requirement does not continue to exist, such as loss of federal income tax exemption, loss of active status as a reg ered-soiicitor-e entributio -lapse€actives , � t t who did not sign the county's informed consent and waiver and have such signed consent and r delivered to the tr ortatio de .,rtm „t staff [21-00A-02062/1689754/1] CAO) 1. Appeals. Staffs denial of an application (or staffs revocation of an issued permit) may managaer'soffi not later th-a + a +h 1' ' zpt-of-notice of the denial � rr +�����z ten workdays after receipt of the app ul. The County Manager's decision shall be the cettr tyts final action or. +he ., l ar�_y solicit ,who f lls with' tL + f'tL T T7 1, r+ A + ,r .,�, .wawa v...v iu i�v-rciri-z=rrrr�ourax�xc�c�.� c�� rrr� officer—in-t.he-per€epmanc-e-efduty,er authorized activities of employees at tool booths. Internal Revenue Code, and is either registered as a charitable organization or sponsor with registration (or is an individual or organization acting on behalf of such exempt organization/sponsor), is exempt from the solicitation provisions of this article, but must SECTION EIGHT: PENALTY AND ENFORCEMENT Any person who violates this Ordinance shall be prosecuted in the same manner as misdemeanors are prosecuted. Upon conviction,a violator shall be punished by a fine not to exceed $500 or by imprisonment in the county jail not to exceed 60 days, or by both such fine and imprisonment. This Ordinance may be enforced by the Collier County Sheriff Office. This enforcement procedure and penalty for violations of this ordinance is adopted under the express authority of§125.69(1), Florida Statutes. SECTION NINE: 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 TEN: 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, as a new Division 5 under Chapter 94, Article III, Offenses Involving Public Safety. The sections of the Ordinance may be renumbered or relettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. [21-00A-02062/1689754/1] SECTION ELEVEN: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida, this i Lilt1 day of J (U,N\ , 2022. ATTEST: BOARD OF COUNTY COMMISSIONERS CRYSTAL K. F IZEL, CLERK COLLIER COU • ORIDA 61) By ,h By: ,�. Qe y Clerk illiam L. McDaniel, Jr., Chair AtheSS s to Ch kA silmtifkcifi• St AM Ape ori and legality: kJ i Jeffrey A. la P. -, County Attorney This ordinance filed with the g ory of ,:e'• Oft is , �"D. day o . - -- "„4k and acknowied9er11 'hot fiI' received f doy By ,,-- co, [21-COA-02062/1689754/1] / J 4, ==;4„,„11:,:j.00. i.,- FLORIDA DEPARTMENT Of STATE RON DESANTIS LAUREL M. LEE Governor Secretary of State January 13, 2022 Ms. Ann P. 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. 2022-02, which was filed in this office on January 13, 2022. Sincerely, Anya Owens Program Administrator AO/lb R. A. Gray Building • 500 South Bronough Street • Tallahassee, Florida 32399-0250 Telephone: (850) 245-6270