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Ordinance 83-35ORDINANCE No. ~- .~ AN ORDINANCE PROHIBITING THE OPERATION OF TRUCKS AND OTHER COMMERCIAL VEHICLES WIT}{ A hATED CAPACITY IN EXCESS OF ONE TON UPON DESIGNATED ROADS AND STREETS IN COLLIER COUNTY, PROVIDING EXCEPTIONS THERETO, AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 316, Florida Statutes, permits the Board of County Co~nissioners to prohibit or regulate any class or kind of traffic found to be incompatible with the normal and safe movement of traffic on roads and streets under its Jurisdiction; and WHEREAS, the Board of County Commissioners has found that the use of certain roads and streets in Collier County by trucks or other commercial vehicles with a rated capacity in excess of one ton is not compatible with the normal and safe movement of traffic upon said reada and streets; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: SECTION ONE: (A) No person shall operate any truck or other commercial vehicle with e rated capacity in excess of one (I) ton upon any road or street in Collier County whenever said road or street is posted with signs prohibiting such operation, except as hereinafter provided. (B) The County Manager is authorized to determine those roads and streets upon which such vehicles are to be prohibited and, with the approval of the Board of County Co~raisstoners 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. (C) The provisions of this ordinance shall not be applicable to the following: 1. The operation of emergency vehicles. 2. The operation of any vehicle owned or operated by ~ goveru~,men%al agency, public utility or contractor while engage~in th~e~, maintenance or construction of roads, streets, ut~itiescx~c~C~r !structures along the roads and streets designated in accordance · with'this ordinance. 3. The operation of garbage or trash trucks while actually engaged in the collecting of garbage or traah along the roads and deaignatad in accordance wl:h :hia ordlmance. 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 desisnatad roads and streets at a safe intersection nearest the destination of the vehicle and shall proceed thereon no farther then the nearest intersection thereafter, SECTION T~O: EFFECTIVE DATE This ordinance shall become effective upon receipt of notice that it ia filed with the Secretary of State. SECTION THREE: PENALTIES Any person who violetes the provisions of this ordinance shall be subject to prosecution in the manner preecribed 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 SECTION FOUR: CONFLICT AND SEVERABILITY (A) In the event this Ordinance conflicts with other applicable law, the more res~rictive shall apply. (B) If any section, subsection, sentence, clause, phrase, or portion of this Ordinance is, for any reason, held invalid or unconstitutional by any court of competent ~urisdiction, such portion shall he deemed a separate, distinct, and independent provisio~ of such holding and shall not affect the validity of the remainin~ portion thereof. PASSED AND ADOPTED by the Board of County Con~missioners of Collier County, Florida this 26~h day of July , 1983. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Mary-rVrances Kruse, 98airman ,LEGALITY Burr L. Saunders, County Attorney This ordinance filed with the Secretary of State's Office the let day of August, 1983 ~d acknc~ledge~t of that filin~ received thi~ 4th day of 983. 0i7 189 STATE OF FLORIDA COUNTY OF COLLIER · ~ ~v~ day of July, 1983. I, WILLIAM J. REAGAN, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true original of: ORDINANCE NO. 83-35 which was adopted by the Board O~ COunty CommissiOners during Regular Session the 26th day of July, 1983. WITNESS my hand and the 6fficisl seal ~f the Board of County Commissioners of Collier County, Florida, this 26th WILLIAM J. REAGAN Clerk of Courts and Clerk Ex-OfficiO to Board Of County Commissioners v~ rg a r4~'a Maqri Deputy Clerk