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HomeMy WebLinkAbout2002 02 11 Regular A Open Alcohol Containers \ \. \ \ \ COMMISSION AGENDA ITEM A CONSENT INFORMATIONAL PUBLIC HEARING REGULAR X February 11, 2002 MGR;r--:EP~ Meeting Authorizationt! REQUEST: City Manager requests the Commission readdress the Open Alcoholic Beverage Container issue as requested by the City Commission. PURPOSE: Commissioner Edward Martinez, Jr. has asked that the Open Alcoholic Beverage Container issue be reconsidered. CONSIDERATIONS: The population of Winter Springs has continually grown in the last decade to over 32,000 residents and that growth is projected to continue. Growth has also included multi resident complexes including addition apartments in the City, Most recently, the City has broken ground on the Town Center and construction has commenced. The Police Department is experiencing increased calls related to persons drinking alcohol in public, particularly in apartment parking lots, townhouse public areas, and shopping center areas. Unless the individuals have reached the levels of intoxication or being disorderly, officers do not have the ability to request or require that the activity discontinue. Therefore, the impact or conduct of the activity effects people Ii ving or traversing the area. Quite often, later enforcement is required when someone becomes intoxicated and an arrest is made for intoxication or a related violation of assault or disorderly conduct. In addition to the added risk to our citizens, an intoxicated or disordely person often resists arrest. February 11, 2002 Regular Agenda Item A Page 2 of2 Ordinance 2001-38, which dealt with the Open Alcoholic Beverage Container Law was discussed at the June 25, 2001 Regular Meeting of the City Commission. The First Reading of Ordinance 2001-38 was not approved as written. However, the City Commission is asked to consider the revised Ordinance regarding Open Alcoholic Beverage Containers. The ordinance would bring the City of Winter Springs to current levels of open container regulation provided throughout Seminole County. Consistent ordinances result in effective approaches to open container violations that positively effect quality of life. FUNDING: None required. RECOMMENDATION: The City Commission approve adoption of Ordinance 2002-06. IMPLEMENT A TION SCHEDULE: Immediately upon approval by Commission, ATTACHMENTS: Copy of Seminole County Open Container Ordinance. COMMISSION ACTION: Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Feb-5-02 1 :32PMj ORDINANCE NO. 1002-06 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 CONTAINERS ON STREETS AND IN PUBLIC PLACES AND MOTOR VEBJCLES; PROVIDING PENALTIES 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 js 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 the City ofWmter Spring~ that this Ordinance is necessary for the more efficient and proper enforcement of the 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 staled herein; and WHEREAS, the City Commission of the City of Winter Springs, Florida, hereby finds this ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Winter Springs. City of Winter Springs Ordioance 'No. 2002.06 Page 1 of 10 ,- Page 2 Sent By: BROWN)WARD)SALZMAN&WEISS)P.A.j 407 425 9596; Feb-5-02 1 :33PM; Page 3/11 NOW, TBEREFOREt THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, HEREBY ORDAINS, AS FOLLOWS: Section 1. Ch~pter 3 Renumbered, The City ofWmter Springs Code, Chapter 3, Alcoholic Beverases, Sections 3-1, 3-2, 3-3, 3-4, and 3-S are hereby renumbered Sections 3-2, 3- 3, 3-4, 3-5, and 3--6 respectively. Section 2. Chapter 3 Code Al1Iendments. The City of Winter Springs Code, Chapter 3, Alcoholic Beverages is hereby amended as follows: (underlined type indicates additions and str;keout 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 of this Ordinance). Section 3-1. Definitions. !!) For DU.(poses of this ChQPter 3. the words and phrases used in lW Chapter 3 that are also defined in the Beverage Laws of the State of Florida hall have the same meaning provided bv said BeverlUZe Laws. 00 Unless otherwise defined in the Beverage Laws. the followine words and phrases when used in this Chapter shall have the fonowing meanin~: ill Motor Vehicle: Any vehicle. as defined in Florida Statutes. which is self-propelled and every vehicle which is proDeUed by electric power. but not including Bl\Y biCQ-'cles. golf carts or lawnmowers. ill HiEhwqy' Any public street avenue boulevard. roadw~. allev. City of Winter Springs Ordinance No. 2001-06 Page 2 of 10 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Feb-5-02 1 :33PMj Page 4/11 sidewalk. parking lot or other right-of-wav or anv area upon which the public is eXDressly or im,plicitlv invited to traveL whether Dublj~ or private. located within the CiW of Winter Springs. It shall not include: (1) golf courses: (2) private driveways or prope1\Y serving uingle dwelliml unit or (3) designated private recreational areas coutrolled by a 1t9meowner's association. ill ()Pen Container: Anv bottle. can or other r~acle or container containina any alcoholic beverase or anv mi~re containing an alcoholic beverage which has been opened or a seal broken. or the contents of which have been partially removed. . * . Seetion 3-1. DriQkin~ 011 Streets. In Public Areas. It shaD be unlawful for any Derson to drink or consume alcoholic beverages. or possess an open container of alcoholic beveragcs.,a includin~ but not limited to. liquor. beer. or wine. on or upon arty highway. Sution 3-8. DrinkiDI 04 City Property. It shall be unlawful for any person to drink or cOQsume alcoholic beverages or possess an open container of alcoholic bevera.ges. including but not limited to liq!Jor. beer. or wine. on or upon any Droperty of the City either within or without the corporate limits of the City. Section 3-9. Permit Exception: Fe,. W Exception. The City Mana~er mav. at the discretion of the City Manager. issue permits for the drinking or consumption of alcoholic beveralres and the possession of City of Winter Springs Ordinance No. 2002...()6 Page 3 of 10 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-5-02 1 :34PM; Page 5/11 open containers of alcoholic beveraecs on or upon anv City Dropertv and Citv street. sidewalk. or parking area o.pen to the public for pedestrian and vehicular travel or otherwise prohibited bv Section 3-7 or Section 3-8 oitrus ChaDt~r provided that: ill The permit is applied for in advance on a form aDproved by the City Manag<<;. !ll The City Mana~er determines that the permit is to be issued in coMection with a City soonsored event or private social function su~h as weddings. receptions. block party. chamber ofcommcrce functions. business leaaue functions. civic leagues. charitable off.l:anlzatioQ function. arts and craft show. recognized state and federal hoJiday. and other social function of a similar nature; ill The City ManaRer determines that the issuance of the permit will not endanger the public health. safety. and welfare and not create a Dublic nuisance: and {!} The sponsor of the event or social function has obtained a liqlJor liability insurance polica: 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 ~ au Fee. The City Commission may establish fees for the issuance of such pennits by resolution. City of Winter Springs Ordinance No. 2002~6 Page 4 of 10 Sent By: BAOWN,WAAD,SALZMAN&WEISS,P.A.j 407 425 9596j Feb.5.02 1 :34PMj Page 6/11 Section 3-10. Motor Vthiclq (ll Policy and '"trot. The Commission of the City of Winter SDrin~s finds that the consumption of alcoholic bevera~es while driving or riding in or on a motor vehicle pose~ a /!fave imminent hazard to the health and welfare of the residents of Winter SprinllS, Therefore. it is decla~d to be the policy of Winter Springs that the consumption of alcoholist bevera(res and the possession of any open containers containin2 alcoholic bevera2es whilf1 driving or riding in or on a motor vehicle is prohibited while on a highway. (b) Prohibition. It shall be unlawful for any person C>CalDying a motor vehicl~ that is driven. stopned. standing or parked upon a highwav within tbe City of Winter SDringS to be in possession Of to have readily accessible any open container containine anvalcoho1i(i beverage or any mixture containins an alcoholic bevel'RJe. U;,lFor DUrDOSes of this Section. the following words and Dhrases shall have the following meaning: ill Possession: An open container shall be considered to be ill the p.ossession of a person jf such a container is physically held by Q,[ readily accessible to a person by being within such person's 1lr8S,p or if such person is observed drinkin2 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 comDartmem. trunk. or other nonpassenger area of the vehicle as inJended by the manufacturer. An open container shBU City of Winter Springs Ordinance No. 2002-06 Page S 01 10 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.; 407 425 9596; Feb-5-02 1:35PM; Page 7/11 not be considered in the possession of a person if the open container is contained in a properly sealed box: or located in the refri~erator or other cabinet of a-motor home or recreational vehicle 1\1)& unit which is defined as "Drimarily desi~ed as lerrmoca1y living quarters fQ! recreational. camping. o( travel use. which either has its own mode of Dower or is mounted on or drawn by another vehicle". Gl Readily Accessible: The open container that contains anv aJcohQlic beveralle i~ in the vehicle and a1thouah not in the actual. physi<d!l manual possession of the driver or passenger. is located in a place and manner that it c~ be easilv reached. ill.. Exceptions: The provisions of this section shall not aODlv to tbe fonowin~: !A1 To p~ng PlYlsengers a,pd their guests. on a bus. limousine. taxi cab or other motor vehicle that is o.perated bv dulv licensed drivers in the course of conductins an on-Aloina. duly licensed and authorized bus~s of providing paid oassenger transportation or selVlce: provided that no open container containing any alcoholic beverllge is in the possession of o{ readily accessible to the driver. an to l)ny open container in a refrigerator in the living area of house trailers. travel trailers. campin<< trailers. motor homes. City of Winter Springs Ordinance No. 2002-Q6 Page 6 of 10 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Feb-5-02 1 :36PMj Page 8/11 campers and other similar ~ypes of facilities that are primarilI designed ~d constructed to provide tentporary living Q).I~ and utilized for traveling and recreational pu(poses and that are equipped with refrigeration facilities. (g The possession of any open container containing anvalcoholic beverage by any Florida licensed b~veraRe sales Derson. ~1erer. vendor or a.eent. but only for DWpose.s $pecifically related to their employment 8S sales persons. caterers. vendors. or BRents. {.QJ The possession of any open container containing anvalcoholic beverage bv any dulv ordained or authorized minister. pastor> priest. rabbi or any other similarlv designated person of an~ reliiious order. monastery. church or religious body. but only (..or purposes specifically related to the fulfillment of their relilirious dutiej. ill) The possession of 8Q)' open container containine anvalcohoijc beverage by any law enforcement officer and emplQ}'ees ofla'Y enforcement aeencies.. but onlv while in the performance of their lawful and official duties. !D The possession of any open container containing any alcoholic bevenure by 4l\Y person or persons engaged in picking up City of Winter Springs Ordinance No. 2002-06 Page 7 of 10 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596; Feb-5-02 1 :36PMj Page 9/11 em.pty beverage containers solely for the pw:pose or collecting the depQsit or value of such containers. !m. Ihc possession of any ODen containers containir18 any aJ~oholic bevcrase bv any person or persons participatin8 iq a bona fide and oraanized litter control or pick up proeIam. .an The exceptions stated herein shall IIp.plv to only DO~sessio~ and trllrulRortation of alcoholic beverages and open containers and not to drinking or consunUns alcoholic beverages. excel)t for the ex<:eJ'tion that applies to oassengers as stated in Seetion 3-10(d)(I) herein. !U Penalty. Any person found ~i1tv of violating the provisions ofWs Section shall be punished by a fine not less than $100,00 and not to exceed $500,00, When determinin~ the amount of the fine. the followin~ factors mav be considere4;, ill The number of open containers that are in the "possession" of the violator as said term is defined in S~ion 3-10 of this Chapter. ill The failure of the violator tQ obey a warning of a potential violation oethis Chapter 3 issued by a law or code enforcement officer. ill Any previous vioJation~ of this Chapter 3 by the violator. W The threat or risk of the violation to the public health. safety. and welfare. City of Winter Springs Ordinance No. 2002-06 PageSof' \0 Sent By: BROWN,WARD,SALZMAN&WEISS,P.A.j 407 425 9596j Feb-5-02 1 : 37PMj Page 10/11 ill Sitrnage, Winter Springs personnel shall post and QUlintain appropriat& signage at all 800Topnate entrances to the City of Winter SpriQ2S warning of the enforcement of this section. Failure of a Derson accused of violating this section to obs~rve su((h warning or failure of the City of Winter Sprinss to have such sif!Dage properly posted at the time of the alleged offense sQaJ1 not constitute a defense to the enforcement of this sectio!!_ Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. AU 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 Jnto 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 S. Severability. If any section, subsection, sentence, clause. phrase, word OT provision of this ordinance is for any reason held invalid or unconstitutional by any coun 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 validity of the remaining poruons of this ordinance. Section 6. EfTective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs. Florida. City of Winter SPrings Ordinance No. 2002-06 Page 9 of 10 Bent By: BAOWN,WAAD,SAlZMAN&WEISS,P.A.j 407 425 9596j Feb-5-02 1 :37PMj Page 11/11 ADOPTED by the City Commission of the City of Winter Springs, Florida~ in a regular meeting assembled on the _ day of ~ 2002. PAUL P. PARTYKA Mayor ATTEST: ANDREA LORENZO-LUACES City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: AnthoDY A. GargaDese, City AttorDey First Reading: Second Reading: Effective Date: F:\Doc8IciTy cfWilI1er SIriDgr\OnIinancos\Ope:a Container #2002-06.wpd City or Winter Springs Ordinance No, 2002-06 Page 10 of 10