Sec. 106-1. - Regulation of speed.

By resolution the board of county commissioners may set speed zones on county roads in conformity with F.S. § 316.189.

(Code 1970, § 24½-4(a); Ord. No. 78-14, § 1, 3-14-78)

Sec. 106-2. - Identification of commercial vehicles.

(a)

Definition. As used in this section, the term "commercial vehicle" means any vehicle, commercial in its design and structure, or any other vehicle for commercial purposes.

(b)

Unlawful operation. It shall be unlawful to operate upon any street, highway, road or right-of-way any commercial vehicle registered in the county or predominantly used for commercial purposes within the county, unless the vehicle is identified as set forth in subsection (c) of this section.

(c)

Identification. A commercial vehicle shall be identified on both the right and left sides and rear of the vehicle. The name of the company or firm operating the vehicle shall be neatly and permanently painted on the vehicle or on an attached plate, in contrasting color from the vehicle or plate, in letters not less than three inches in height and displayed in a manner that either the painting or nameplate shall be legible at all times.

(d)

Penalties. Any person owning or operating a commercial vehicle in violation of this section shall be punished for each cited violation as provided in section 1-6

(Code 1970, § 24½-1(a)—(d); Ord. No. 73-14, §§ 1—4, 5-22-73)

Cross reference— Businesses, ch. 22.

Sec. 106-3. - Trucks and commercial vehicles on certain streets.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Through means the uninterrupted travel from one end of a street or such portion of a street designated as a no-through-truck area to the other end of the street or such portion thereof so designated. In any event, this shall not be interpreted to include the movement of trucks making deliveries or providing services to homes or businesses located on the designated street or homes and businesses located on other streets, access to which cannot be accomplished except by use of the designated street.

Truck means any motor vehicle designed, used or maintained primarily for the transportation of property.

(b)

Legislative authorization. This section is adopted pursuant to Fla. Const. art. VIII, § 1, and F.S. § 316.008 which authorize local authorities to develop and promulgate certain rules and regulations restricting the use of roads, highways and streets under the jurisdiction of the local authorities.

(c)

Restricted streets. The board of county commissioners, by adoption of a resolution, may restrict the use of roads, highways and streets under its regulatory jurisdiction by prohibiting the movement of through-truck traffic. Once the use of a road, highway or street or portion thereof is so restricted by the placement of an official traffic control device with the words "no through trucks" or other appropriate symbols or language imprinted on it, it shall be unlawful for the operator of any truck to make use of the restricted street or portion thereof as a through street.

(d)

Exemptions. This section shall not apply to the following:

(1)

Those noncommercial vehicles commonly referred to as vans and pickup trucks.

(2)

Emergency vehicles operating as specified in F.S. § 316.072(5)(a).

(3)

Those trucks operated by governmental agencies when the presence of such trucks is required for a legitimate government purpose.

(e)

Commercial traffic in residential neighborhoods. The board of county commissioners, by adoption of a resolution, may restrict the use of roads, highways and streets under its regulatory jurisdiction by placing reasonable restrictions on the operation of commercial vehicles in residential neighborhoods. Such reasonable restrictions shall include but not be limited to prohibiting commercial vehicles from traveling in residential areas after a specified time in the evening and before a specified time in the morning. Once the board of county commissioners establishes restrictions pursuant to this section and a sign is installed in the residential area evidencing such restrictions, it shall be unlawful for the operator of any commercial vehicle to operate the vehicle in violation of the restrictions.

(Code 1970, § 24½-5(a)—(c); Ord. No. 80-01, §§ 1—3, 1-8-80)

Sec. 106-4. - Moving of oversize or overweight vehicle.

(a)

Definition. As used in this section, the term "oversize or overweight load" means any vehicle-towed building or load exceeding the maximum size (i.e. width, height or weight) or weight specified in F.S. ch. 316.

(b)

Purpose. It is the purpose of this section to regulate the operation of an oversize or overweight vehicle of size, weight or load exceeding the maximum allowed in F.S. ch. 316 on public thoroughfares and to ensure that such operations do not endanger public safety or property. The primary intent of this section is to regulate the moving of homes and other large structures on public roads.

(c)

Permit required. No person shall operate a vehicle with a load of a size or weight exceeding the maximum specified in F.S. ch. 316 on any county or public road, street or thoroughfare or operate such a vehicle so as to pass beneath a traffic signal and its supporting cables on any road or street on the state system in the unincorporated areas of the county without first obtaining an oversize or overweight moving permit in accordance with this section and F.S. § 316.550.

(d)

Procedures for obtaining permit.

(1)

An applicant for an oversize or overweight moving permit shall submit the following information to the engineering services department:

a.

A complete application, signed by the owner of the vehicle or building, showing the following:

1.

The extreme dimensions of the height, width and length of load, including trailer, or building to be moved.

2.

The type and kind of building to be moved.

3.

Its present location and proposed new location by lot, block, subdivision and street numbers.

4.

If applicable, a minimum five-inch by seven-inch photo of all four sides of the building.

5.

If applicable, a certificate from a licensed and bonded termite company that the building is free of termites and that the structure has not been damaged by termites.

6.

If applicable, a certified written statement from the building official of the county or city in which the structure was formerly located which indicates that the structure:

i.

Complies with all the current codes in effect within the county or city; and

ii.

Could have been properly moved within the county or city.

7.

The type of towing vehicle, its license number, number of axles, number of wheels and weight.

8.

The insurance company and policy number of all coverage on vehicles used in the move.

9.

The approximate time such building will be on the streets and the contemplated route to be followed. If it appears that the move cannot be completed in seven hours, a proposed layover site shall be identified and approved.

10.

An application fee in the amount of $50.00.

b.

The owner of the vehicle seeking to move an oversize or overweight load shall, as a condition to receiving a permit under this section, sign an agreement in a form acceptable to the board of county commissioners to indemnify and hold the county, its officers, agents and employees harmless from the payment of any compensation or damages resulting from the exercise of the privileges granted by permit under this section.

(2)

Oversize or overweight loads being moved shall not exceed thirty (30) feet in width and 16 feet in height as measured from the ground. Loads exceeding 16 feet in height may require removal of traffic signals at the vehicle operator's expense. All oversize loads, including towing vehicles, shall also comply with maximum weight limitations as specified in F.S. ch. 316. Any oversize or overweight load or building exceeding the dimensions in this subsection must obtain further approval by the engineering services department.

(3)

The owner or operator of a vehicle moving an oversize or overweight load shall, in order to ensure the county's protection of its traffic light equipment, roads and signs, request the engineering services department to inspect and escort, if necessary, each move on county or public roads and on state roads where traffic signal equipment is located. Minimum fees for this escort shall be $100.00, which includes travel time to the site and three hours escort time. Any escort time over three hours shall be an additional fee at the rate of $40.00 per hour. An escort shall be required to be present at all times during the move if traffic control devices must be altered or removed. If it is, in fact, necessary to remove and replace any traffic control device, the cost to the mover shall be the actual cost incurred for labor, materials and equipment by the county. Such payment shall be made prior to issuance of a moving permit, if possible.

(4)

Upon issuance of an oversize or overweight moving permit, the applicant shall notify any utility companies, fire departments or other entities whose property may be affected by the building move. All such notices shall state the route that will be taken, starting time and approximate time of completion.

(5)

The engineering services department must be notified of the intention to move an oversize or overweight load 48 hours in advance of movement in order to allow a careful route check to be made to determine the location of street lighting, signalization, loading distribution, bridge crossings and time of movement.

(6)

All signs, mailboxes and other structures along the roadway right-of-way moved or altered by the mover of the oversize or overweight load shall be replaced within ten days by the mover at his expense. Damage to lawns, driveways and plantings, on or off the roadway right-of-way, shall also be replaced within ten days by the mover at his expense.

(7)

A bond in an amount not to exceed $5,000.00, in a form acceptable to the board of county commissioners, shall be provided by the mover of the oversize or overweight load at the time of permit application, conditioned upon compliance by the mover with this section.

(8)

Oversize or overweight loads shall be moved starting at 12:01 a.m. and must be at the final destination prior to 7:00 a.m. on the same day. If the move is not completed by 7:00 a.m., the load must be pulled off the road and the move continued at 12:01 a.m. the following day.

(9)

Lighting of the load must conform to the requirements as set forth in F.S. ch. 316. Lights must be plainly visible from a distance of at least 1,000 feet to the sides and rear of the load. Any vehicle connected with the move and following to the rear of the move shall be equipped, for safety purposes, with alternating or revolving red or amber warning lights.

(e)

Exceptions.

(1)

Emergencies. If, because of emergency conditions, it becomes necessary to continue the move after 7:00 a.m., permission must be obtained from the engineering services department at the earliest possible time. If possible, the load shall be moved off the roadway between 7:00 a.m. and 9:00 a.m. on the same day. The move shall then continue at 9:00 a.m. to the nearest stopping point, the load secured and movement continued at 12:01 a.m. the following day.

(2)

Daylight moves. At times, for safety purposes, permission may be granted to move loads in the daylight hours starting at 9:00 a.m. These moves shall be for short distances only, as determined by the engineering services director or his designee. The permit shall clearly state the starting time and the distance to be traveled. Application for such daylight permits may be made to the engineering services department and must be accompanied by a permit fee of $40.00. The following may be permitted if all other requirements are met:

a.

Short distance moving of small structures that can be loaded on standard over-the-road trailers. Such moves shall be restricted to the hours of 9:00 a.m. to 4:00 p.m. on the same day.

b.

Moving of school portable buildings between 9:00 a.m. and 4:00 p.m. on the same day.

(Code 1970, § 24½-7(a)—(d); Ord. No. 86-30, §§ 1—4, 10-7-86)

State law reference— Oversize vehicles, loads, etc., F.S. § 316.500 et seq.

Sec. 106-5. - Obstructing mufflers.

(a)

As used in this section, the term "muffler" means a device consisting of a series of chambers or other mechanical devices designed for receiving the exhaust gases from an internal combustion engine for the purpose of breaking up the sound waves and the diffusion of smoke emitting from such engine.

(b)

No person shall introduce any foreign material or obstruction into the muffler or exhaust which causes or is capable of causing exhaust gases to ignite, burn or flash in any manner or form.

(Code 1970, § 24½-3(b), (c); Ord. No. 74-16, §§ 2, 3, 9-10-74)

State law reference— Mufflers, F.S. § 316.272.

Sec. 106-6. - Additional penalties for civil traffic violations.

(a)

A surcharge of $3.00 shall be assessed for each civil traffic violation in the county. This surcharge is in addition to any other statutory charges. The clerk of the circuit court of the county is authorized to collect the surcharge and to distribute such funds monthly to the board of county commissioners, which shall administer the funds. These funds shall be used to fund traffic education programs in public and nonpublic schools. The funds shall be used for direct educational expenses and shall not be used of administration.

(b)

A court cost of $2.50 shall be assessed for each civil penalty described in F.S. § 318.18(11)(a) including pedestrian infractions, nonmoving traffic infractions and moving traffic infractions, as mandated by F.S. § 318.18(11)(c). This court cost is in addition to any other statutory charges. The clerk of the circuit court of the county is authorized to collect the court cost and to distribute such funds monthly to the board of county commissioners, which shall administer the funds. These funds shall be used for law enforcement training programs as provided for in F.S. § 938.15 as established by the county sheriff.

(Ord. No. 03-03, § 1, 1-14-03; Ord. No. 04-51, § 1, 11-23-04)

Sec. 106-7. - ATVs prohibited on unpaved roads.

The county is exempt from the provisions of F.S. § 316.2123, which allows ATVs to be operated on certain unpaved roads.

(Ord. No. 06-27, § 2, 9-11-06)

Secs. 106-8—106-25. - Reserved.