Ok..this is a letter sent to The Sun about this. I don't think it has been published yet.
Today I noticed that signs have been posted on parts of Oak Forest Road in The Villages. The signs are marked NO THRU TRAFFIC and cite as authority Florida Statute 316.074 As a local resident I am well aware of the purpose of these Traffic Control Devices. While I am somewhat sympathetic to their intent, they are clearly illegal and should be removed.
Attorney General Crist issued Advisory Legal opinion AGO 2004-013 on March 24,2004.. This opinion was issued in response to the city of Coral Gables attempting to limit traffic on public roads to residents and invitees of people living on those roads. For the sake of brevity I will only include the final parts of his opinion which is crystal clear. The entire opinion is available at http://myfloridalegal.com/ago.nsf/Op...256E620055999C). for those who wish to read the full opinion. However, the final three paragraphs should be enough for anyone who understands the English Language.
The Florida Department of Transportation has adopted the Federal Highway Safety Administration Manual on Uniform Traffic Control Devices[5] for use in this state. No provision of the manual and specifications adopted by the Department of Transportation or elsewhere in Chapter 316, Florida Statutes, authorizes the use or erection of a sign stating 'No Thru Street.'[6] Thus, a municipality has no authority to erect or enforce such a sign pursuant to Chapter 316, Florida Statutes.
The roads upon which the City of Cape Coral has erected signs are municipal roadways on which the public has a right to travel. This is not a situation involving private roads over which the municipality has been requested to exercise traffic control and must enter into an agreement with the private owners to exercise such control.[7]
While the municipality is authorized to provide regulatory or warning signage on municipal roadways to alert motorists to such things as posted speed limits or 'watch for children', nothing in Chapter 316, Florida Statutes, or elsewhere authorizes the city to limit the right of the public to use such roadways for the exclusive benefit of the home owners in the area and their invitees.
I believe the proper and legal way to restrict traffic would be to make Oak Forest a one way street. The desire to use this street would also be reduced if the cart paths along Buena Vista Blvd were black topped and upgraded
It is very disheartening to see local authorities either ignorant on indifferent to the law. No doubt the Sumter County Sheriff will view this as another source of revenue and assign personnel to cite violators. This situation should be eliminated before innocent people are persecuted.
Sincerely
James E Mc Cauley
3548 Whiting Way
The Villages, Florida 32162