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HomeMy WebLinkAboutOrdinance 2003-01 Beverage 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 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 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. (a) For purposes 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 by said Beverage Laws. (b) 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 (1) Public Place: Anv 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 City of Winter Springs. (2) 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. W 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 ofthe citizens in close proximitv. ilil At the time a citation is issued for a violation of Section 3-7( a),law enforcement shall have the authoritv to confiscate and dispose of all alcoholic beverages in the possession of any persons cited in order to abate the danger or disturbance. Section 3-8. Penalty. In addition to any other legal remedies and penalties provided by state and federal law , any person alleged in violation ofthe provisions ofthis Chapter may 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. 2003-01 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 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. 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 11th day of August, 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: 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 NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCES: NOTICE OF AMENDMENT DF CHAPTER 3, ALCOHOLIC BEVERAGES WINTER SPRINGS CODE OF DRDINANCES ORDINANCE NO, 2003-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WiN- TER SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SOPR- INGS CODE OF ORDINANCES, CHAPTER 3, ALCOHOLIC BEVERAGES; ADOPTING DEFINITIONS; REGULATING OPEN ALCOHOLIC BEVER- AGE CONTAINERS IN PUBLIC PLACES; PROVIDING A GENERAL PENALTY PROVISION FOR VIOLATIONS OF CHAPTER 3; PROVI DING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE; PROVIDING FOR SEVERABILITY; AND PROVIDNG FOR AN EFFEC- TIVE DATE, NOTICE OF AMENDMENT OF SECTION 9-281, MIN, SCREENING WINTER SPRINGS CODE OF ORDINANCES ORDINANCE NO, 2003-26 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, AMENDING SECTION 9-281, MINIMUM SCREENING REQUIREMENTS, OF THE WINTER SPRINGS CODE BY EXTENDING THE COMPLIANCE DATE FOR DUMPSTER SCREENING TO OCTOBER 1, 2004; PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFEC- TIVE DATE_ NOTICE OF CHANGES TO THE FUTURE LAND USE MAP ORDINANCE NO, 2003-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMEND- MENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF TH.E REAL PROPERTY CONSTITUTING FOUR (4) PARCELS TO- TALlNG3.09 ACRES MORE OR LESS AND LOCATED ON ORANGE AVE- NUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR I NCONSISTENT ORDINANCES AND RESOLU- TIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCOR- PORATION INTO THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE, (SEE MAP "A" RELATING TO'THIS AMENDMENT) NOTICE OF CHANGES TO THE ZONING MAP ORDINANCE NO, 2003-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNA- TION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS OF 3.09 ACRES MORE OR LESS, GENERALLY LOCATED ON ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (SEE MAP "A" RELATING TO THIS AMENDMENT) MAP "A" PUBLIC HEARINGS FOR THE 2ND AND FINAL READING ON THE PROPOSED ORDINANCES WILL BE HELD ON MDNDAY",AUGUST 11, 2003 AT 6:30 P.M, OR SOON THEREAFTER, IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE RDAD 434 WINTER SPRINGS, FLORIDA Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. The proposed ordinances as well as the complete legal description of the subject properties indicated on Map "A", may be inspected by interested parties between 8 a.m. and 5 p.m" Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance to partici- pate in any of these proceedings should contact the Employee Relations De. partment Coordinator, 48 hours in advance of the meeting at (407) 327-1800 Extension 236. This is a public hearing. If you decide to appeal any recom~ mendation/decision made by the City Commission with respect to any mat- ter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal Is based. OLS5158179 7/31/03 NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCES: NOTICE OF AMENDMENT OF CHAPTER 3, ALCOHDlIC BEVERAGES WINTER SPRINGS CODE OF ORDINANCES ORDINANCE NO. 2003-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SOPR- INGS CODE OF ORDINANCES, CHAPTER 3, ALCOHOLIC BEVERAGES; ADOPTING DEFINITIONS; REGULATING OPEN ALCOHOLIC BEVER- AGE 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 PROVIDNG FOR AN EFFEC- TIVE DATE. NOTICE OF AMENDMENT OF SECTION 9-281, MIN. SCREENING WINTER SPRINGS CODE OF ORDINANCES ORDINANCE NO, 2003-26 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, AMENDING SECTION 9-281, MINIMUM SCREENING REQUIREMENTS, OF THE WINTER SPRINGS CODE BY EXTENDING THE COMPLIANCE DATE FOR DUMPSTER SCREENING TO OCTOBER 1, 2004; PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFEC- TIVE DATE. NOTICE OF CHANGES TD THE FUTURE LAND USE MAP ORDINANCE ND. 2003-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMEND. MENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS TO- TALING 3.09 ACRES MORE OR LESS AND LOCATED ON ORANGE AVE- NUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCOR- PORATION INTO THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. (SEE MAP "A" RELATING TO 'THIS AMENDMENT) NDTlCE DF CHANGES TO THE ZONING MAP ORDINANCE NO, 2003.20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNA- TION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS OF 3.09 ACRES MORE OR LESS, GENERALLY LOCATED ON ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (SEE MAP "A" RELATING TO THIS AMENDMENT) MAP "A" PUBLIC HEARINGS FOR THE 2ND AND FINAL READING ON THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, AUGUST 11, 2003 IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE RDAD 434 WINTER SPRINGS, FLORIDA Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. The proposed ordinonces as well as the complete legal description of the subject properties indicated on Map "A" may be inspected by interested parties between 8 a.m. and 5 p.m" Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida, For more Information call (407) 327-1800 #227. Persons with disabilities needing assistance to partici- pate in any of these proceedings should contact the Employee Relations De- partment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This Is a public hearing. If you decide to appeal any recom- mendation/decision mode by the City Commission with respect to any mat- ter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. OLS5158179 7/31/03 Orlando Sentinel Published Daily State of Florida } S.S. COUNTY OF ORANGE Before the undersigned authority personally appeared Linda Bridgewater , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ORLANDO in ORANGE/SEMINOLE County, Florida; that the attached copy of advertisement being a NOTICE IS HEREBY in the matter of ORDS: 2003-01;2003-26, 2003-25, 2003-28 in the ORANGE/SEMINOLE Court was published in said newspaper in the issue; of 07/31/03 Affiant further says that the said Orlando Sentinel is a newspaper published at ORLANDO in said ORANGE/SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said ORANGE/SEMINOLE County, Florida, each week Day and has been entered as second-class mail matter at the post office in ORLANDO in said ORANGE/SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 31 day of July , 2003, by Linda Bridgewater who is personally known to me and did take an oath. (SEAL) Beverly C. Simmons NOTICE IS HEREBY GIVEN THAT THE CITY OF WINTER SPRINGS PROPOSES TO ADOPT THE FOLLOWING ORDINANCES: NOTICE OF AMENDMENT OF CHAPTER 3, ALCOHOLIC BEVERAGES WINTER SPRINGS CODE OF ORDINANCES ORDINANCE NO. 2003-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, AMENDING THE CITY OF WINTER SOPR. INGS CODE OF ORDINANCES, CHAPTER 3, ALCOHOLIC BEVERAGES; ADOPTING DEFINITIONS; REGULATING OPEN ALCOHOLIC BEVER. AGE 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 PROVIDNG FOR AN EFFEC. TIVE DATE. NOTICE OF AMENDMENT DF SECTION 9-281, MIN, SCREENING WINTER SPRINGS CODE OF DRDlNANCES ORDINANCE NO. 2003.26 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, AMENDING SECTION 9-281, MINIMUM SCREENING REQUIREMENTS, OF THE WINTER SPRINGS CODE BY EXTENDING THE COMPLIANCE DATE FOR DUMPSTER SCREENING TO OCTOBER 1,2004; PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR INCORPORATION INTO THE CODE, SEVERABILITY, AND AN EFFEC- TIVE DATE. NOTICE OF CHANGES TO THE FUTURE LAND USE MAP ORDINANCE NO. 2003-19 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN- TER SPRINGS, FLORIDA, ADOPTING A SMALL SCALE FLUM AMEND- MENT BY CHANGING THE FUTURE LAND USE MAP DESIGNATION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS TO- TALING 3.09 ACRES MORE OR LESS AND LOCATED ON ORANGE AVE- NUE IN WINTER SPRINGS, FLORIDA, AND MORE PARTICULARLY DEPICTED AND LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER"; PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT ORDINANCES AND RESOLU- TIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCOR- PORATION INTO THE COMPREHENSIVE PLAN; AND PROVIDING FOR AN EFFECTIVE DATE. (SEE MAP "A" RELATING TO THIS AMENDMENT) NOTICE OF CHANGES TO THE ZONING MAP ORDINANCE NO. 2003-20 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WIN. TER SPRINGS, FLORIDA, CHANGING THE ZONING MAP DESIGNA- TION OF THE REAL PROPERTY CONSTITUTING FOUR (4) PARCELS OF 3.09 ACRES MORE OR LESS, GENERALLY LOCATED ON ORANGE AVENUE IN WINTER SPRINGS, FLORIDA, LEGALLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO AND FULLY INCORPORATED HEREIN BY THIS REFERENCE, FROM SEMINOLE COUNTY "LOW DENSITY RESIDENTIAL" TO CITY OF WINTER SPRINGS "TOWN CENTER DISTRICT"; PROVIDING FOR THE REPEAL OF PRIOR IN- CONSISTENT ORDINANCES AND RESOLUTIONS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. (SEE MAP "A" RELATING TO THIS AMENDMENT) MAP "A" PUBLIC HEARINGS FOR THE 2ND AND FINAL READING ON THE PROPOSED ORDINANCES WILL BE HELD ON MONDAY, AUGUST 11, 2003 AT 6:30 P.M. OR SOON THEREAFTER, IN THE COMMISSION CHAMBERS LOCATED AT THE WINTER SPRINGS CITY HALL 1126 EAST STATE ROAD 434 WINTER SPRINGS, FLORIDA Interested parties are advised that they may appear at the meeting and be heard with respect to the proposed ordinances. The proposed ordinances as well as the complete legal description of the subject properties indicated on Map "A", may be inspected by interested parties between 8 a.m. and 5 p.m., Monday through Friday, at the City's Clerk's Office, located at 1126 East State Road 434, Winter Springs, Florida. For more information call (407) 327-1800 #227. Persons with disabilities needing assistance to partici- pate in any of these proceedings should contact the Employee Relations De- partment Coordinator, 48 hours in advance of the meeting at (407) 327-1800, Extension 236. This is a public hearing. If you decide to appeal any recom- mendation/decision made by the City Commission with respect to any mat. ter considered at this meeting, you will need a record of the proceedings, and for such purposes, you may need to ensure that a verbatim record of the proceedings is made upon which the appeal is based. OLS51S8179 7/31/03