HomeMy WebLinkAboutcocc_ordinance_no_12-2021_202104201 ORDINANCE NO. 12-2021
2
3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CAPE
4 CANAVERAL, FLORIDA, AMENDING SECTION 6-51 OF THE CITY
5 CODE RELATED TO OPEN CONTAINERS OF ALCOHOLIC BEVERAGES
6 IN PUBLIC PLACES; PROVIDING FOR THE REPEAL OF PRIOR
7 INCONSISTENT ORDINANCES AND RESOLUTIONS,
8 INCORPORATION INTO THE CODE, SEVERABILITY AND AN
9 EFFECTIVE DATE.
10
11 WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
12 Constitution, to exercise any power for municipal purposes; and
13
14 WHEREAS, the regulation of open containers of alcoholic beverages in certain public
15 places bears a rational relationship to the goal of preventing public disorder and is a reasonable
16 and valid exercise of the City's police power. See e.g., State v. Thompson, 536 So. 2d 388 (Fla. 3rd
17 DCA 1989); and
18
19 WHEREAS, upon recommendation of the Sheriff's Office providing law enforcement
20 services within the jurisdictional limits of the City of Cape Canaveral, the City Council desires to
21 update the City's open container law to include additional outside public places where the
22 possession and consumption of alcoholic beverages shall be prohibited; and
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24 WHEREAS, the City Council recognizes the additional public places identified hereunder
25 are consistent with existing open container regulations adopted by Brevard County; and
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27 WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
28 Ordinance to be in the best interests of the public health, safety and welfare of the citizens of
29 Cape Canaveral.
30
31 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL HEREBY
32 ORDAINS, AS FOLLOWS:
33 Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by
34 this reference as legislative findings and the intent and purpose of the City Council of the City of
35 Cape Canaveral.
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37 Section 2. Amending Section 6-51 of the City Code. The City of Cape Canaveral
38 Code of Ordinances, Section 6-51, is hereby amended as set forth below (underlined type
39 indicates additions and strikeout type indicates deletions, while *** indicate deletions from this
City of Cape Canaveral
Ordinance No. 12-2021
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1 Ordinance of said applicable Division that shall remain unchanged in the City Code):
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3 CHAPTER 6 — ALCOHOLIC BEVERAGES
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5 ***
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7 Article III. — POSSESSION AND CONSUMPTION
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9 Division 1. - Generally
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11 Sec. 6-51. - Streets, alleys, sidewalks and parking areas.
12 (a) It shall be unlawful for any person to drink, consume or possess an open container of
13 alcoholic beverage, as defined in F.S. § 561.01, including but not limited to beer and wine,
14 on or upon any street, alley, walkway, sidewalk, public dune crossover, or any city public
15 parking area open to the public, or on the premises outside of any building containing
16 an establishment open to the general public, not including any building customarily used
17 for residential purposes.
18 (b) The city manager may waive the prohibitions of this section for any special event,
19 including, but not limited to, community picnics, charitable ball games and other events,
20 provided that nothing in this section shall be deemed to waive any provisions of state
21 law regulating alcoholic beverages.
22 (c) This section shall not prohibit the consumption or possession of any open container of
23 alcoholic beverages outside of any building licensed to serve alcoholic beverages
24 provided that: (1) the outside location of such possession or consumption has been
25 designated in the alcoholic license issued by the state as part of the licensed premises,
26 as defined by F.S. § 561.01; (2) the outside consumption or possession at such location
27 conforms to the requirements of the City Code and applicable law; and (3) such
28 possession or consumption is confined to the location designated in the alcoholic license
29 issued by the state as part of the licensed premises.
30
31 Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior
32 inconsistent ordinances and resolutions adopted by the City Council, or parts of prior ordinances
33 and resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
34
35 Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the
36 Cape Canaveral City Code and any section or paragraph, number or letter, and any heading may
37 be changed or modified as necessary to effectuate the foregoing. Grammatical, typographical,
38 and like errors may be corrected and additions, alterations, and omissions, not affecting the
39 construction or meaning of this ordinance and the City Code may be freely made.
City of Cape Canaveral
Ordinance No. 12-2021
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2 Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or
3 provision of this Ordinance is for any reason held invalid or unconstitutional by any court of
4 competent jurisdiction, whether for substantive, procedural, or any other reason, such portion
5 shall be deemed a separate, distinct and independent provision, and such holding shall not affect
6 the validity of the remaining portions of this Ordinance.
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8 Section 6. Effective Date. This Ordinance shall become effective immediately upon
9 adoption by the City Council of the City of Cape Canaveral, Florida, and pursuant to the City
10 Charter.
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12 ADOPTED by the City Council of the City of Cape Canaveral, Florida, this 20 th day of April,
13 2021
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15
16 Bob Hoog, Mayor
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18 ATTEST: For Against
19
20 Mile Brown Motion
21 Robert Hoog X
22 Mickie Kellum X
23 Wes Morrison X
24 Angela Raymond Second
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26 Mia Goforth, CMC
27 City Clerk
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29 First Reading: March 16, 2021
30 Advertisement: April 8, 2021
31 Second Reading: April 20, 2021
32
33
34 Approved as to legal form and sufficiency
35 for the City of Cape Canaveral only by:
36
37
38 Kristin Eick, Assistant City Attorney
City of Cape Canaveral
Ordinance No. 12-2021
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SEAL
City of Cape Canaveral, Florida