Loading...
HomeMy WebLinkAbout2003 01 13 Public Hearings B Ordinance 2003-01 Open Alcoholic Beverage Containers Regulation COMMISSION AGENDA ITEM B Consent Informational Public Hearing X Regular January 13. 2003 Meeting ~ ;J/t1 110) Mgr. / Att. / Dept. REQUEST: At the request of Commissioner Martinez, the City Manager and City Attorney present to the City Commission for first reading Ordinance No. 2003-1 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. CONSIDERA TIONS: 1. The City currently does not have any guidelines regulating open containers on public streets, City property, and in motor vehicles. Page 1 of 2 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 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. 2003-01. ATTACHMENT: Ordinance No.2003-01. COMMISSION ACTION: The Commission has considered the adoption of an open container ordinance at previous Commission meetings. A:\BoardAmend\OpenContainerAgendaltem.kj Page 2 of 2 ORDINANCE NO. 2003-01 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 VEHICLES; 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 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 the City of Winter Springs 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 ofWmter Springs for the protection of the public health, welfare and safety 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 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 Ordinance No. 2003-01 Page 1 of 10 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 strikeout 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. Uti For pw:poses ofthis Chapter 3. the words and phrases used in this Chapter 3 that are also defined in the Beverage Laws of the State of Florida hall have the same meaning provided by said Beverage Laws. all Unless otherwise defined in the Beverage Laws. the following words and phrases when used in this Chapter shall have the following meaning: ill Motor Vehicle: Any vehicle. as defined in Florida Statutes. which is self-propelled and every vehicle which is propelled by electric power. but not including any bicycles. golf carts or lawnmowers. (2} Highway: Any public street. avenue. boulevard. roadway. alley, City of Winter Springs Ordinance No. 2003-0 I Page 2 of ]0 sidewalk. parking lot or other right-of-way or any area upon which the public is entitled to travel whether public or private. located within the City of Winter Springs. It shall not include: (1) golf courses: (2) private driveways or property serving a single dwelling unit: (3) designated private recreational areas controlled by a homeowner's association: or (4) bars and/or restaurants licensed by the City and State of Florida including designated outside seating areas. ill aDen 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. Drinkinlon 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 on or upon any highway. Section 3-8. Drinking on City Prooerty. It shall be unlawful for any person to drink or consume alcoholic beverages or possess an open container of alcoholic beverages on or upon any property of the City either within or without the cor:porate limits of the City. Section 3-9. Permit Exception~ Fee. Uti Exception. The City Manager may. at the reasonable discretion of the City City of Winter Springs Ordinance No. 2003-01 Page 3 of 10 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 hir:hway or otherwise prolubited 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 M~ger determines that the permit is to be issued in connection with a City $pOnsored event or private social function such as weddings. r~tions. block party. 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 ill For events or social functions held on City owned property and with expected attendance in excess of one hundred (100) persons. the sponsor of the event or social function has obtained a liqJ,.lor liability insurance policy in amounts deemed reasonable and adequate to the City Man~er 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 City of Winter Springs Ordinance No. 2003-01 Page 4 of 10 permits by resolution. Section 3-10. Motor Vehicles UD- Policy and Intent. The Commission of the City of Winter Springs finds that the conswnption 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 occupying a motor vehicle that is driven. stopped. standing or parked upon a highwi;\y within the City of Winter Springs to be in possession or to have readily accessible any open container containing any alcoholic beverage or any mixture containing an alcoholic beveri;\ge. W For pw:poses of this Section. the following words and phrases shall have the 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 non-passenger area of City of Winter Springs Ordinance No. 2003-01 Page 5 of 10 the vehicle as intended by the manufacturer. An ope,n container shall not be considered in the possession ofa 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 of the driver or passenger. is located in a place and manner that it can be easily reached. U1. Exceotions: The provisions of this section shall not apply to 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 containinll any alcoholic beverage is in the possession of or readily accessible to the driver. au To any open container in a refrigerator in the living area of City of Winter Springs Ordinance No. 2003-01 Page 6 of 10 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 pw:poses and that are equipped with refrigeration facilities. (Cl The possession of any open container containing any alcoholic beverage by any Florida licensed beverage sales person. caterer. vendor or agent. but only for pw:poses specifically related to their employment as sales persons. caterers. vendors. or agents. (ID The possession of any open container containing any alcoholic beverage 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 pw:poses specifically related to the fulfillment of their religious duties. lID The possession of any open container containing any alcoholic beverage by allY law enforcement officer and employees ofIaw enforcement agencies. but only while in the performance of their lawful and official duties (e.g. confiscated alcoholic beverages). City of Winter Springs Ordinance No. 2003-01 Page 7 of 10 ill 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 pw:pose 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 bona fide and organized litter control or pick up activity. an The exceptions stated herein shall apply to only possession and trans.portation 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)(l) herein. uu Sienage. Winter Springs personnel shall post and maintain appropriate signage at reasonable places and entrances to the City of Winter Springs warning of the enforcement of this section. Failure ofa 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 3-11. Penalty. In addition to any other legal remedies and penalties provided by state and federal law. any person alleged in violation of the provisions of this Chapter may be issued a civil citation which shall be punished by a fine not less than $50.00 City of Winter Springs Ordinance No. 2003-01 Page 8 of 10 and not to exceed $500.00. unless specifically provided otherwise in this Chapter. When determining the amount of the fine. the following factors shall be considered: ill The number of open containers that are in the "possession" of the violator as said term is defined in Section 3-10 of this Chapter. ill The failure of the violator to obey a warning ofa 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 weIfure including. but not limited to. whether the person is operating a motor vehicle. engaged in violence. or disrupting the public. 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 validity of the remaining portions of this ordinance. City of Winter Springs Ordinance No. 2003-01 Page 9 of 10 Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida and as provided by the City Charter. ADO PTED by the City Commission of the City of Winter Springs, Florida, in a regular meeting assembled on the _ day of , 2003. JOHN F. BUSH 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: City of Winter Springs Ordinance No. 2003-01 Page 10 of 10