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HomeMy WebLinkAbout2001 06 11 Public Hearings C First Reading - Ordinance 2001-38 Open Alcoholic Beverage Containers COMMISSION AGENDA ITEM C Consent Informational Public Hearing X Regular June 11. 2001 Meeting ~ ~ 0/(01 Mgr. / Att. / Dept. REQUEST: The City Manager and City Attorney present to the City Commission for first reading Ordinance No. 2001-38 that would regulate open alcoholic beverage containers. PURPOSE: The purpose of this Agenda Item is to amend the Winter Springs Code of Ordinances, Chapter 3, Alcoholic Beverages, regulating open alcoholic beverage containers on public streets and City property and in motor vehicles and providing for penalties for violations. APPLICABLE LAW AND PUBLIC POLICY: Municipal House Rule Powers Act and City of Winter Springs Police Powers. CONSIDERATIONS: 1. The City currently does not have any guidelines regulating open containers on public streets, City property, and in motor vehicles. 2. Guidelines are essential for the more efficient and proper enforcement of the laws regulating the sale and consumption of alcoholic beverages and the lawful exercise of the police power Page 1 of 2 of the City of Winter Springs for the protection of the public health, welfare, safety, and morals of the citizens of Winter Springs. 3. The City should regulate the use of alcoholic beverages on property owned or controlled by the City. 4. The Police Department and Code Enforcement requested that the City Attorney prepare open container regulations for the City Commission's consideration and approval. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission approve First Reading and schedule a public hearing and Second Reading for Ordinance No. 2001-38. ATTACHMENT: Ordinance No.2001-38. COMMISSION ACTION: F:\DOCS\City of Winter Springs\Agenda\Open Container Agenda Item.kj Page 2 of 2 ORDINANCE NO. 2001-38 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA AMENDING THE CITY OF WINTER SPRINGS CODE OF ORDINANCES, CHAPTER 3, ALCOHOLIC BEVERAGES; REGULATING OPEN ALCOHOLIC BEVERAGE CONT AINERS ON STREETS AND IN PUBLIC PLACES AND MOTOR VEIDCLES; PROVIDING PENAL TlES FOR VIOLATIONS; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, this Ordinance is adopted pursuant to the City's police powers and the Municipal House Rule Powers Act; and WHEREAS, it is deemed by the City Commission of t~e City of Winter Springs that this Ordinance is necessary for the more efficient and proper enforcement ofthe laws regulating the sale and consumption of alcoholic beverages and lawful exercise of the police power of the City of Winter Springs for the protection of the public health, welfare, safety, and morals of the citizens of Winter Springs; and WHEREAS, it is self-evident, that the City of Winter Springs has the lawful authority to regulate alcoholic beverages on property owned or controlled by the City; and WHEREAS, it is the intent of the City Commission that this Ordinance be liberally construed for the accomplishment of the purposes stated herein; and City of Winter Springs Ordinance No. 2001-38 Page 1 of 10 WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby fmds this ordinance to be in the best interests of the public health, safety, welfare, and morals of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Chapter 3 Renumbered. The City of Winter Springs Code, Chapter 3, Alcoholic Beverages, Sections 3-1, 3-2, 3-3, 3-4, and 3-5 are hereby renumbered Sections 3-2, 3-3, 3-4,3-5, and 3-6 respectively. Section 2. Chapter 3 Code Amendments. The City of Winter Springs Code, Chapter 3, Alcoholic Beverages is hereby amended as follows: (underlined type indicates additions and sttikeont type indicates deletions, while asterisks (* * *) indicate a deletion from the Ordinance of text existing in Chapter 3. It is intended that the text in Chapter 3 denoted by the asterisks and set forth in this Ordinance shall remain unchanged from the language existing prior to adoption ofthis Ordinance). Section 3-1. Definitions. W F or purposes of this Chapter 3. the words and phrases used in this Chapter 3 that are also defined in ~e Beverage Laws ofthe State of Florida hall have the same meaning provided by said Beverage Laws. ou Unless otherwise defmed in the Beverage Laws. the following words and phrases when used in this Chapter shall have the following meaning: ill Motor Vehicle: Anv vehicle. as defined in Florida Statutes. City of Winter Springs Ordinance No. 2001-38 Page 2 of 10 which is self-propelled and every vehicle which is propelled by electric power. but not including any bicycles. golf carts or lawnmowers. ill Highwav: Any public street. avenue. boulevard. roadway. alley, sidewalk. parking lot or other right-of-way or any area upon which the public has the right to travel. whether public or private. located within the City of Winter Springs. ill Oven Container: Any bottle. can or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage which has been opened or a seal broken. or the contents of which have been partially removed. * * * Section 3-7. Drinking on Streets. In Public Areas. It shall be unlawful for any person to drink or consume alcoholic beverages. or possess an open container of alcoholic beverages. including but not limited to. liquor. beer. or wine. on or upon any street. sidewalk or parking area open to the public for pedestrian and vehicular travel in the ordinary course of business. Section 3-8. Drinking on City Property. It shall be unlawful for any person to drink or consume alcoholic beverages or possess an open container of alcoholic beverages. including but not limited to. liquor. beer. or wine. on or upon any property of the City either City of Winter Springs Ordinance No. 2001-38 Page 3 of 10 within or without the corporate limits of the City. Section 3-9. Permit Exception: Fee. (a) Exception. The City Manager may. at the discretion of the City Manager. issue permits for the drinking or consumption of alcoholic beverages and the possession of open containers of alcoholic beverages on or upon any City property and City street. sidewalk. or parking area open to the public for pedestrian and vehicular travel or otherwise prohibited by Section 3-7 or Section 3-8 of this Chapter provided that: ill The permit is applied for in advance on a form approved by the City Manager: ill The City Manager determines that the permit is to be issued inconnection with a City sponsored event or private social function such as weddings. receptions. chamber of commerce functions. business league functions. civic leagues. charitable organization function. arts and craft show. recognized state and federal holiday. and other social function of a similar nature: ill The City Manager determines that the issuance of the permit will not endanger the public health. safety. and welfare and not create a public nuisance: and City of Winter Springs Ordinance No. 2001-38 Page 4 of 10 Gl The sponsor of the event or social function has obtained a liquor liability insurance policy in amounts deemed reasonable and adequate to the City Manager based on the size and location of the event or function. The City shall be named an additional insured on said policy. au Fee. The City Commission may establish fees for the issuance of such permits by resolution. Section 3-10. Motor Vehicles ell. Policv and Intent. The Commission of the City of Winter Springs fmds that the consumption of alcoholic beverages while driving or riding in or on a motor vehicle poses a grave imminent hazard to the health and welfare of the residents of Winter Springs. Therefore. it is declared to be the policy of Winter Springs that the consumption of alcoholic beverages and the possession of any open containers containing alcoholic beverages while driving or riding in or on a motor vehicle is prohibited while on a highway. (b) Prohibition: It shall be unlawful for any person or persons in any motor vehicle to possess. to have readily accessible or to transport or to allow others to possess. to have readily accessible or to transport any open container containing any alcoholic beverage or any mixture containing an alcoholic beverage. while the motor vehicle is upon a highway within the City of Winter Springs. (c) For purposes of this Section. the following words and phrases shall have the City of Winter Springs Ordinance No. 2001-38 Page 5 of 10 following meaning: ill Possession: An open container shall be considered to be in the possession of a person if such a container is physically held by or readily accessible to a person by being within such person's grasp or if such person is observed drinking from such open container. An open container shall not be considered to be in the possession of a person if the open container is located in a locked glove compartment, or other locked compartment, trunk, or other nonpassenger area ofthe vehicle as intended by the manufacturer. An open container shall not be considered in the possession of a person if the open container is contained in a properly sealed box or located in the refrigerator or other cabinet of a motor home or recreational vehicle type unit which is defined as "primarily designed as temporary living quarters for recreational. camping, or travel use, which either has its own mode of power or is mounted on or drawn by another vehicle". ill Readilv Accessible: The open container that contains any alcoholic beverage is in the vehicle and although not in the actual. physical manual possession ofthe driver or passenger. is located in a place and manner that it can be easily reached. (Q1 Exceptions: The provisions of this section shall not apply to City of Winter Springs Ordinance No. 2001-38 Page 6 of 10 the following: ill To paying passengers and their guests. on a bus. limousine. taxi cab or other motor vehicle that is operated by duly licensed drivers in the course of conducting an on-going. duly licensed and authorized business of providing paid passenger transportation or service: provided that no open container containing any alcoholic beverage is in the possession of or readily accessible to the driver. ill To any open container in a refrigerator in the living area of house trailers. travel trailers. camping trailers. motor homes. campers and other similar types of facilities that are primarily designed and constructed to provide temporary living quarters and utilized for traveling and recreational purposes and that are equipped with refrigeration facilities. ill The possession of any open container containing any alcoholic beverage by any Florida licensed beverage sales person. caterer, vendor or agent. but onlv for pU1l'oses specifically related to their employment as sales persons, caterers. vendors. or agents. ill The possession of any open container containing any alcoholic beyerage by any duly ordained or authorized minister. pastor. priest. rabbi or any other similarly designated person. of any religious order. monastery. church or religious body. but only for purposes City of Winter Springs Ordinance No. 2001-38 Page 7 of 10 specifically related to the fulfillment of their religious duties. ill The possession of any open container containing any alcoholic beverage by any law enforcement officer and employees of law enforcement agencies, but only while in the performance of their lawful duties. @ The possession of any open container containing any alcoholic beverage by any person or persons engaged in picking up empty beverage containers solely for the purpose of collecting the deposit or value of such containers. ill The possession of any open containers containing any alcoholic beverage by any person or persons participating in a litter control or pick up program. ill The exceptions stated herein shall apply to only possession and transportation of alcoholic beverages and open containers and not to drinking or consuming alcoholic beverages, except for the exception that applies to passengers as stated in Section 3-1O( d)(1 ) herein. @ Penalty. Any person found guilty of violating the provisions of this Section shall be punished by a rme not less than $100.00 and not to exceed $500.00. When determining the amount of the fine, the following: factors may be considered: ill The number of open containers that are in the "possession" of the violator as said term is dermed in Section 3-10 of this Chapter. City of Winter Springs Ordinance No. 2001-38 Page 8 of 10 ill The failure of the violator to obey a warning of a potential violation of this Chapter 3 issued by a law or code enforcement officer. ill Any previous violations of this Chapter 3 by the violator. ill The threat or risk of the violation to the public health. safety. and welfare. ill Signage. Winter Springs personnel shall post and maintain appropriate signage at all appropriate entrances to the City of Winter Springs warning of the enforcement of this section. Failure of a person accused of violating this section to observe such warning or failure of the City of Winter Springs to have such signage properly posted at the time of the alleged offense shall not constitute a defense to the enforcement of this section. Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent ordinances and resolutions adopted by the City Commission, or parts of ordinances and resolutions in conflict herewith, are hereby repealed to the extent of the conflict. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the City of Winter Springs Ordinance No. 2001-38 Page 9 of 10 validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of ,2001. PAUL PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only Anthony A. Garganese, City Attorney First Reading: Second Reading: Effective Date: F:\DOCS\City of Winter Springs\Ordinances\Ordinances\Ordinance.Open Container.mw City of Winter Springs Ordinance No. 2001-38 Page 10 of 10