HomeMy WebLinkAbout2002 02 11 Regular A Open Alcohol Containers
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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