Hernando Reporter

Hernando County Sheriff's Office issued the following announcement on Dec. 21.

Merry Christmas! Traffic Tip Tuesday is regarding the Prohibition of Truck Traffic.

There are multiple designated areas within Hernando County where the board of County Commissioners have prohibited tucks from traveling upon designated county streets, roads, highways, or bridges by posting signs indicating that no trucks are allowed on the designated portions of a roadway. These roads will be marked with “Local Deliveries Only” signage. Truck drivers who violate this County Ordinance can be liable for payment of a fine in the amount of two hundred fifty dollars ($250.00) plus any fees or charges that may lawfully be required by the clerk of court or the court having jurisdiction of this matter upon conviction or plea of guilty. Below, we posted the Hernando County Ordinance for your convenience.

Sec. 20-62. - Prohibition of truck traffic.

The board of county commissioners by resolution may prohibit trucks from traveling upon designated county streets, roads, highways, or bridges by posting signs indicating that no trucks are allowed on the designated portions of a roadway. Prior to any resolution being adopted by the board, the department of public works, in collaboration with the engineering department, shall report to the board the reasons why truck traffic is detrimental on certain designated streets, roads, highways, or bridge and should be prohibited. The public works director and the county engineer shall consider, without limitation, such factors as:

(1) Is the street or road a residential street, an arterial road, a collector street, commercial street, or some other type of roadway.

(2) The character of the neighborhood along the street, road, highway, or bridge, i.e., residential, agricultural, commercial, or other.

(3) Whether the subject street, road, highway or bridge is designed to carry truck traffic.

(4) Whether there are other safety considerations, such as, narrow width of the roadway or a travel lane or other similar factors.

(Ord. No. 96-07, § 3, 4-2-96)

Sec. 20-63. - Exceptions.

The above prohibition is subject to the following exceptions:

(1)Trucks are hereby allowed to travel upon any street which abuts their point of destination, provided such destination is a permitted destination by applicable law, ordinance, rule or regulation.

(2)Trucks are hereby allowed to travel upon any street, road, or highway which is a part of a county-authorized detour.

(3)Authorized emergency vehicles are allowed to travel upon any street, road, or highway necessary in the exercise of their duties.

(4)Vehicles owned, operated by, or under contract to the public utilities, including any licensed, franchised, or authorized garbage, solid waste, or yard trash service, electric, cable, telephone corporation, or any governmental agency or entity, are hereby allowed to travel upon any street, road, or highway necessary to the installation, restoration, or emergency maintenance of utilities or other services or to the proper performance of their duties.

(5)Wrecker vehicles which are towing a disabled vehicle or combination of vehicles in an emergency are hereby allowed to travel upon any street, road, or highway which is enroute to the nearest feasible point for parking or storage of a disabled vehicle.

(6)Vehicles used primarily for the transportation of passengers.

(7)Recreational vehicle types as defined in section 320.01(1)(b), Florida Statutes, as it may be amended from time to time.

(Ord. No. 96-07, § 4, 4-2-96)

Sec. 20-64. - Enforcement.

This article shall be enforced by the sheriff of Hernando County or by any other qualified law enforcement officer with jurisdiction over this matter.

(Ord. No. 96-07, § 5, 4-2-96)

Sec. 20-65. - Penalty

Any violation of this article may be prosecuted as follows:

(1)Upon the issuance of a notice to appear by a law enforcement agency, the respondent shall be liable for payment of a fine in the amount of two hundred fifty dollars ($250.00) plus any fees or charges that may lawfully be required by the clerk of court or the court having jurisdiction of this matter upon conviction or plea of guilty.

(2)In addition, any violation of this article may be prosecuted as described in Chapter 2, Article III as amended from time to time. Each violation of this article shall be deemed a separate offense and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. In assessing fines hereunder, the special master may consider whether the violator has been convicted of or pleaded guilty to prior violations of this article.

(3)If any of the fines or penalties enumerated herein are invalidated by a court of competent jurisdiction such invalidation shall be severable from the rest of the provisions in this article and such invalidity shall not extend to any other provision of this article including the statutory penalty for violation of county ordinances.

(4)If any of the fines or penalties enumerated herein are invalidated, then the statutory penalty for violation of county ordinances shall be deemed to automatically apply to any violation of this article and in any event the court shall have the absolute right and discretion to impose the fines on penalties, or both provided for in the statutory provision for violation of county ordinances instead of the fines and penalties provided for herein. 

Original source can be found here.