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Home My WebLink About2003 08 11 Public Hearings E Second Reading - Ordinance 2003-01 Regulate Open Alcoholic Beverages COMMISSION AGENDA ITEM E Consent Informational Public Hearing X Regular August 11, 2003 Meeting ~fljoJ Mgr. / Att. / Dept. REQUEST: The City Manager and City Attorney present to the City Commission for second and final reading Ordinance No. 2003-0 I that would regulate open alcoholic beverage containers in public places, adopt definitions and provide a general penalty provision for violations of Chapter 3 of the City Code. 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 in public places, adopting definitions and providing a general penalty provision for violations of Chapter 3 of the City Code. APPLICABLE LAW AND PUBLIC POLICY: Municipal Home Rule Powers Act and City of Winter Springs Police Powers. CONSIDERA TIONS: I. The City currently does not have any ordinances regulating open containers in public places. 2. The regulation of open containers is 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 powers of the City of Winter Springs for the protection of the public health, welfare, and safety of the citizens of Winter Springs. 3. The Police Department has requested that the City Attorney prepare open container regulations for the City Commission's consideration and approval. Page 1 of 2 4. As presented, it is the intent and purpose of this ordinance to make it a code violation if: a. A person drinks or possesses an open container of alcoholic beverage in a public place; and b. The person is either: 1. creating or contributing to a danger to the public peace, health, safety, and welfare, or 11. disturbing the comfort and repose of the citizens in close proximity. 5. Within the City of Winter Springs, a public place is defined as either: a. Any public street, park, alley or sidewalk; b. Any parking area or private street open to the public; or c. Any area outside of any building containing an establishment open to the general public. 6. Upon issuance of a citation, law enforcement would be able to confiscate and dispose of all alcoholic beverages in the possession of the violator in order to abate the danger or disturbance. 7. A violation of the open container law would be subject to a fine of $250.00 by civil citation. 8. The regulation of open containers in a motor vehicle is governed by Section 316.1936, Florida Statutes. This ordinance is in addition and supplemental to Section 316.1936, Florida Statutes, and does not address open containers in motor vehicles. 9. The ordinance also adopts definitions and provides a general penalty provision, $250.00 civil citation, for violations of Chapter 3, City Code, unless otherwise provided in Chapter 3. STAFF RECOMMENDATION: The City Manager and City Attorney recommend that the City Commission adopt Ordinance No. 2003-01 on second and final reading. ATTACHMENT: Ordinance No. 2003-01. COMMISSION ACTION: 1. For the past three years, several proposed open container ordinances have been presented to the City Commission for approval. None of the proposed ordinances have been approved. On January 13, 2003, the City Commission directed staff to rework the proposed ordinance again and simplify the language. In addition, the City Commission was against making the mere possession of an open container in a public place a per se violation of the law. 2. The City Commission approved Ordinance 2003-01 on first reading on July 28,2003. 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; ADOPTING DEFINITIONS; REGULATING OPEN ALCOHOLIC BEVERAGE CONTAINERS IN PUBLIC PLACES; PROVIDING A GENERAL PENALTY PROVISION FOR VIOLATIONS OF CHAPTER 3; 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 Home 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 of Winter Springs for the protection 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 within public places; and WHEREAS, the City Commission finds that this Ordinance serves a substantial government interest and is necessary to maintain the public safety, health, good order, peace, comfort, protection and convenience of the public; and WHEREAS, Florida courts have upheld open container laws. See, e.g., Ward v. State, 584 So. 2d 186 (Fla. 5th DCA 1991); Lennear v. State, 784 So. 2d 1181 (Fla. 5th DCA 2001); 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. 2003-01 Page 1 of 4 y WHEREAS, this Ordinance shall be deemed in addition to and supplemental to the regulation of open containers in motor vehicles as set forth in Section 316.1936, Florida Statutes; 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. 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 strikeont 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. W Forpurooses of this Chapter 3. the words and phrases used in this Chapter 3 that are also defined in the Beverage Laws of the State of Florida shall have the same meaning provided bv said Beverage Laws. .Qll Unless otherwise defined in the Beverage Laws. the following words and phrases when used in this Chapter shall have the following meaning: City of Winter Springs Ordinance No. 2003-01 Page 2 of 4 ill Public Place: Any public street, park, alley or sidewalk, any parking area or private street open to the public, or outside of any building containing an establishment open to the general public located within the Citv of Winter Springs. ill Open Container: Anv container of alcoholic beverage that is open or from which the seal has been broken. * * * Section 3-7. Open Containers in Public Places. !ill It shall be unlawful for any person to drink or consume alcoholic beverages, or possess an open container, in a public place in a manner that creates or contributes to a danger to the public peace, health, safety and welfare, or disturbs the comfort and repose of the citizens in close proximity. .au At the time a citation is issued for a violation of Section 3-7( a), law enforcement shall have the authority to confiscate and dispose of all alcoholic beverages in the possession of anv persons cited in order to abate the danger or disturbance. Section 3-8. Penalty. In addition to any other legal remedies and penalties provided bv state and federal law, anv person aIleged in violation of the provisions of this Chapter mav be issued a civil citation which shall be punished by a fine of $250.00, unless specifically provided otherwise in this Chapter. 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. City of Winter Springs Ordinance No. 2003-0] Page 3 of 4 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 ofthis 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. 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. ADOPTED by the City Commission ofthe City of Winter Springs, Florida, in a regular meeting assembled on the 11 th day of Augus t ,2003. ?~. NZO-LUACES, City Clerk ANTHONY A. GARGANESE, City Attorney First Reading: . July 28, 2003 Second Reading: Augus t' 11, 2003 Effective Date: See Section 6. City of Winter Springs Ordinance No. 2003-01 Page 4 of 4