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HomeMy WebLinkAboutChapter 737: "Alcohol Beverage Open Container" City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 407 783-1100 November 2, 1989 FIRST ERRATA SHEET CODE CHAPTER 737, ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS WHEREAS, Ordinance No. 21-87 enacted a Chapter of the Code of ordinances of the City of Cape Canaveral, Florida entitled ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS; AND WHEREAS, the number designated in Section 1 of said ordinance was 637; and WHEREAS, the intended number of that chapter was 737; and WHEREAS, Code Chapter 637 was already incorporated in the City Code as part of the zoning regulations; and WHEREAS, a typographical error was responsible for the clerical mistake; and WHEREAS, subsequent to adoption of Ordinance No. 21-87, Ordinance No. 27-87, which amended Ordinance 21-87, was adopted; and WHEREAS, Ordinance No. 27-87 refers to the ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS as Chapter 637; and WHEREAS, the intent of Ordinance No. 27-87 was to amend Code Chapter 737; NOW, THEREFORE , these errors have been rectified and this Chapter shall hence forth be labeled Chapter 737, as was originally intended. [signature] James S . Theriac City Attorey History File Chapter 637 II. C. ORDINANCE NO. 87- AN ORDINANCE OF BREVARD COUNTY, FLORIDA, MAKING IT UNLAWFUL TO CONSUME OR POSSESS OR TO ALLOW OTHERS TO CONSUME OR POSSESS ANY ALCOHOLIC BEVERAGE OR OPEN CONTAINER CONTAINING ANY ALCOHOLIC BEVERAGE WHILE IN OR ON A MOTOR VEHICLE UPON ANY STREET, ALLEY, HIGHWAY OR RIGHT OF WAY LOCATED WITHIN BREVARD COUNTY; PROVIDING FOR ENFORCEMENT, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE BREVARD COUNTY CODE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Brevard County Board of County Commissioners has an interest in protecting the health, safety and welfare of the residents of Brevard County; and WHEREAS, the Brevard County Board of County Commissioners has determined that there is a direct relationsihip between automobile accidents and the consumption of alcoholic beverages; and WHEREAS, the Brevard County Board of Board of County Commissioners has determined that prohibiting the consumption of alcoholic beverages in a motor vehicle will reduce the danger of automobile accidents related to the consumption of alcoholic beverages; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, that: Section 1. POLICY AND INTENT. 1.01 The Brevard County Board of County Commissioners finds that the consumption 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 Brevard County. Therefore, it is declared to be the policy of Brevard County 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. Section 2. DEFINITIONS. 2.01 The following words and phrases when used in this Ordinance shall, for the purposes of this Ordinance, have the following meanings: we define "behicle" (a) 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 bicycle or moped. (b) Alcoholic Beverage. 1. Any beverage containing more than 1% of alcohol by weight. we do not [illegible] 2. 2. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other goes in similar name or names and which bears the manufacturer's insignia, name or trademark shall be prima facie evidence that such beverage is an alcoholic beverage. (c) Highway. Any public street, avenue, boulevard, roadway, alley, sidewalk, parking lot or other right of way or any area upon which the public has the right to travel, whether public or private, located within Brevard County. (d) Open 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. - 2 - (e) Possession. An open container shall be considered to This is a more comprehensive definition than ours. be in the possession of a person if such a container is physically held by or readily accessible to the 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 goes in a person if the open container is located in a locked glove compartment, or other locked compartment, trunk, or other non-passenger area of the vehicle as intended by the manufacturer. An open container shall not be considered in the possession of a person if the open container is located in the refrigerator or other cabinet of a motor home or recreational vehicle/type unit as defined in Section 320.01, Florida Statutes. (f) Readily Accessible. Shall mean the open container that contains We do not love this definition. any alcoholic beverage is in the vehicle and although not in the actual, physical manual possession of the driver or in passenger, is located in a place and manner that it can be easily reached. Section 3. PROHIBITION 3.01 It shall be unlawful for any person or persons in any This is more comprehensive motor vehicle to possess, to have readily accessible or to transport, or to allow others to possess, to have readily accessible or to transport any open container containing any in alcoholic beverage, or any mixture containing an alcoholic beverage, while the motor vehicle is upon a street or highway within Brevard County. Section 4. EXCEPTIONS. The provisions of this Ordinance shall not apply to the following: - 3 - We do not love 4.01 4.02 4.04 4.05 4.08 A To any open container in a refrigerator in the living area of 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 travelling and recreational purposes and that are equipped with refrigeration facilities. B The possession of any open container containing any alcoholic beverage by any Florida-licensed beverage sales person, vendor or agent, but only for purposes specifically related to their employment as sales persons, vendors or agents and only during normal working hours for such business. C 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 purposes specifically related to their fulfillment of their religious duties. D The possession of any open container containing any alcoholic beverage by any law enforcement officers and employees of law enforcement agencies, but only while in the performance of their lawful duties. - 4 - E 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 purpose of collecting the deposit or value of such containers. F The possession of any open containers containing any alcoholic beverage by any person or persons participating in a litter control or pick up program. G The exceptions stated herein shall apply to only possession and transportation of alcoholic beverages and open containers, and not to drinking or consuming alcoholic beverages. Section 5. PENALTY. 5.01 Any person found guilty of violating the provisions of this Ordinance shall be punished by a fine not to exceed $500 and/or incarceration not to exceed sixty (60) days. Section 6. SIGNAGE. We do not love this 6.01 Brevard County personnel shall post and maintain appropriate signage at all appropriate entrances to Brevard County warning of the enforcement of this Ordinance. Failure of a person accused of violating this Ordinance to observe such warning or failure of Brevard County to have such signage properly posted at the time of the alleged offense shall not constitute a defense to the enforcement of this Ordinance. - 5 - . Section 7. SEVERABILITY. 7.01 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. Section 8. INCLUSION IN CODE. 8.01 It is the intention of the Brevard County Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Brevard County Code; and that the sections of this Ordinance may be renumbered or relettered and word "Ordinance" may be changed to "section", "article", or other such appropriate word or phrase in order to accomplish such intentions. Section 9. EFFECTIVE DATE. 9.01 This Ordinance shall become effective as provided by law. DONE, ORDERED AND ADOPTED in Regular Session this day of September, 1987. ATTEST: BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA By: R. C. Winstead, Jr., Clerk Andrea Deratany, Chairman ( S E A L ) - 6 - History File Chapter 637 FILE COPY City of Cape Canaveral 105 POLK AVENUE • P.O. BOX 326 CAPE CANAVERAL, FLORIDA 32920 TELEPHONE 305 783-1100 September 21, 1987 Commissioner Roger W. Dobson District 2 Brevard County Board of County Commissioners Post Office Box 547 Merritt Island, FL 32952 Subject: Open Container Ordinance Dear Roger: The City Council has already amended our Open Container Ordinance on the first reading to more closely resemble the County Ordinance. It was the intent of the City to make the two Ordinances as nearly identical as possible, but there are two areas of disagreement between the two documents. The County Ordinance defines "Motor Vehicle" , whereas the City has chosen to incorporate the definition of "Vehicle" . The City Ordinance has adopted all of Section 4 (Exceptions) of the County Ordinance, except for Section 4. 01. City Council will hold Workshop on Thursday, October 1, at 7: 30 P.M. Second and final reading of this Ordinance is on the agenda. Your input would certainly be solicited and appreciated. Sincerely, [signature] Leo C. Nicholas City Manager LCN:ab cc: Board of County Commissioners Greg Keller, County Administrator Bill Curphey, County Attorney BREVARD COUNTY BOARD OF COUNTY COMMISSIONERS ROGER W.DOBSON,Commissioner District 2,P.0.Box 547,Merritt Island,Florida 32952 • 305/453-1280 September 16, 1987 The Honorable Patrick T. Lee City of Cape Canaveral P. O. Box 326 Cape Canaveral - Florida 32920 Dear Mayor Lee: As you are aware, the Commission passed an Open Container Ordinance on September 1. Enclosed please find a copy of the ordinance as passed. I would appreciate your placing me on your agenda for an October meeting to seek your approval to amend your ordinance to conform to the county's law. I appreciate your response to my earlier appearance by passing a local ordinance and I ask your assistance once more for uniformity. Please contact my office with specifics concerning time and date. I look forward to seeing you again and working in concert on this most important issue. Sincerely yours, [signature] ROGER W. DOBSON Commissioner District 2 RWD: jt Enclosure cc: Board of County Commissioners Greg Keller, County Administrator Bill Curphey, County Attorney ORDINANCE NO. 87- AN ORDINANCE OF BREVARD COUNTY, FLORIDA, MAKING IT UNLAWFUL TO CONSUME OR POSSESS OR TO ALLOW OTHERS TO CONSUME OR POSSESS ANY ALCOHOLIC BEVERAGE OR OPEN CONTAINER CONTAINING ANY ALCOHOLIC BEVERAGE WHILE IN OR ON A MOTOR VEHICLE UPON ANY STREET, ALLEY, HIGHWAY OR RIGHT OF WAY LOCATED WITHIN BREVARD COUNTY; PROVIDING FOR ENFORCEMENT, PROVIDING FOR A PENALTY, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE BREVARD COUNTY CODE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Brevard County Board of County Commissioners has an interest in protecting the health, safety and welfare of the residents of Brevard County; and WHEREAS, the Brevard County Board of County Commissioners has determined that there is a direct relationship between automobile accidents and the consumption of alcoholic beverages; and WHEREAS, the Brevard County Board of Board of County Commissioners has determined that prohibiting the consumption of alcoholic beverages in a motor vehicle will reduce the danger of automobile accidents related to the consumption of alcoholic beverages; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF BREVARD COUNTY, FLORIDA, that: Section 1. POLICY AND INTENT. • 1.01 The Brevard County Board of County Commissioners finds that the consumption 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 Brevard County. Therefore, it is declared to be the policy of Brevard County 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 as defined in Section 2(c) herein. Section 2. DEFINITIONS. 2.01 The following words and phrases when used in this Ordinance shall, for the purposes of this Ordinance, have the following meanings: (a) 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 bicycle, moped, golf carts or lawnmowers. (b) Alcoholic Beverage. 1. Any beverage containing more than 1% of alcohol by weight. 2. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name or names and which bears the manufacturer's insignia, name or trademark shall be prima facie evidence that such beverage is an alcoholic beverage. (c) Highway. Any public street, avenue, boulevard, roadway, alley, sidewalk, parking lot or other right of way or any area upon which the public has the right to travel, whether public or private, located within Brevard County. (d) Open 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. - 2 - (e) 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 the 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 the vehicle as intended by the manufacturer. An open container shall not be considered in the possession of a 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 motive power or is mounted on or drawn by another vehicle." (f) Readily 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. Section 3. PROHIBITION 3.01 It shall be unlawful for any person or persons in any motor vehicle to possess, to have readily accessible or to transport, or to allow others to possess, to have readily accessible or to transport any open container containing any alcoholic beverage, or any mixture containing an alcoholic beverage, while the motor vehicle is upon a highway within Brevard County. - 3 - Section 4. EXCEPTIONS. The provisions of this Ordinance shall not apply to the following: 4.01 To paying passengers and their guests, on a bus, limousine, taxicab or other motor vehicle that is operated by duly-licensed drivers in the course of conducting an ongoing, duly-licensed and authorized business or providing paid passenger transportation or service; provided that no open container containing any alcoholic beverage is in the possession of or readily accessible to the driver. 4.02 To any open container in a refrigerator in the living area of 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 travelling and recreational purposes and that are equipped with refrigeration facilities. 4.03 The possession of any open container containing any alcoholic beverage by any Florida-licensed beverage sales person, caterer, vendor or agent, but only for purposes specifically related to their employment as sales persons, caterers, vendors or agents. 4.04 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 purposes specifically related to their fulfillment of their religious duties. - 4 - • 4.05 The possession of any open container containing any alcoholic beverage by any law enforcement officers and employees of law enforcement agencies, but only while in the performance of their lawful duties. 4.06 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 purpose of collecting the deposit or value of such containers. 4.07 The possession of any open containers containing any alcoholic beverage by any person or persons participating in a litter control or pick up program. 4.08 The exceptions stated herein shall apply to only possession and transportation 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 4.01 herein. Section 5. PENALTY. 5.01 Any person found guilty of violating the provisions of this Ordinance shall be punished by a fine not to exceed $500 and/or incarceration not to exceed sixty (60) days. Section 6. SIGNAGE. 6.01 Brevard County personnel shall post and maintain appropriate signage at all appropriate entrances to Brevard County warning of the enforcement of this Ordinance. Failure of a person accused of violating this Ordinance to observe such warning or failure of Brevard County to have such signage properly posted at the time of the alleged offense shall not constitute a defense to the enforcement of this Ordinance. - 5 - • Section 7. SEVERABILITY. 7.01 If any section, sentence, clause, or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way effect the validity of the remaining portions of this Ordinance. Section 8. INCLUSION IN CODE. 8.01 It is the intention of the Brevard County Board of County Commissioners that the provisions of this Ordinance shall become and be made a part of the Brevard County Code; and that the sections of this Ordinance may be renumbered or relettered and word "Ordinance" may be changed to "section", "article", or other such appropriate word or phrase in order to accomplish such intentions. Section 9. EFFECTIVE DATE. 9.01 This Ordinance shall become effective as provided by law. DONE, ORDERED AND ADOPTED in Regular Session this day of September, 1987. ATTEST: BOARD OF COUNTY COMMISSIONERS BREVARD COUNTY, FLORIDA By: R. C. Winstead, Jr., Clerk Sue Schmitt, Vice Chairman ( S E A L ) - 6 - ORDINANCE NO. 21-87 AN ORDINANCE ESTABLISHING CHAPTER 737, "ALCO- HOLIC BEVERAGE OPEN CONTAINER REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MAKING IT UNLAWFUL TO DRINK FROM OR POSSESS AN OPEN CONTAINER CONTAINING ANY ALCOHOLIC BEVERAGE WHILE IN OR ON A VEHICLE ON ANY HIGHWAY; PROVIDING DEFINATIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has an interest in protecting the health, safety and welfare of the residents of the City of Cape Canaveral; and WHEREAS, the City Council has determined that there is a direct relationship between automobile accidents and the consumption of alcholic beverages; and WHEREAS, the City Council has determined that prohibiting the consumption of alcoholic beverages in a motor vehicle will reduce the danger of impaired drivers; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Chapter 637 of the Code of Ordinances is hereby established as follows: CHAPTER 637 ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS Sec. 637. 01 Policy and Intent. The City Council of the City of Cape Canaveral finds that the consumption of alcoholic beverages while driving or riding in or on a motor vehicle poses a grave and imminent hazard to the health, safety and welfare of the residents of the City of Cape Canaveral, Florda, and is in conflict with and of the spirit of the beverage laws of the State of Florida. It therefore is declared to be the policy of the City of Cape Canaveral that the consumption of alcoholic beverages and/or the possession of any open container containing alcoholic beverages while driving or riding in or on a motor vehicle is prohibited. Sec. 637.03 Definitions. For the purposes of this Chapter, the following words and phrases shall have the following meanings: County has definition of Motor Vehicle Vehicle shall mean every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Alcholic Beverage shall mean any beverage which contains more than one percent (1% ) of alcohol by weight. ORDINANCE NO. 21-87 PAGE 1 OF 3 Highway shall mean any public street, avenue, boulevard, roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel, whether public or private, located within the incorporated area of the City of Cape Canaveral, Florida. "County definition [illegible] more Open Container shall mean 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. Possession shall mean actual physical possession or being located within a motor vehicle not within the exception set forth in Section 4 (d) of this Ordinance. County defines "Readily Accessible" Sec. 637. 05 Prohibitions. No person shall drink from or have in his possession any open container containing any alcoholic beverage or any mixture containing an alcoholic beverage while in or on a motor vehicle, whether moving or stopped upon any highway. Sec. 637.07 Exceptions. This Ordinance shall not apply to: A. Any person engaged in picking up beverage containers for the purpose of collecting the deposit or value of the bottle or can itself. B. Any person taking part in a litter control program. C. The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages provided that such alcoholic is being transported solely for commercial purposes. D. The transportation of any open container of alcoholic beverage in or on any motor vehicle pro- vided that such container is in a compartment of the vehicle not readily accessible to the driver or passengers, such as a locked (not merely latched) glove compartment, trunk, or other non-passenger or non-driver area of the motor vehicle. Sec. 639.09 Penalty. Anyone convicted in a court of competent jurisdiction of an offense punishable by the section shall be punished by a fine not to exceed five hundred dollars ($500.00 ) or by imprisonment not to exceed ten (10) days or by both such fine and imprisonment. SECTION 2. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the City of Cape Canaveral did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. ORDINANCE NO. 21-87 PAGE 2 OF 3 SECTION 3 . All portions of the Code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of July , 1987. Mayor ATTEST: First Reading 7-07-87 [signature] Posted: 7-08-87 City Clerk Advertised: 7-11-87 Second Reading: 7-21-87 Approved as to Form: [signature] NAME YES NO City Attorney HOOG YES KIDD YES LEE YES MARCHETTI YES MURPHY YES ORDINANCE NO. 21-87 PAGE 3 OF 3 Codified Nov 88 ORDINANCE NO. 27-87 AN ORDINANCE AMENDING CHAPTER 637 "ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL , BREVARD COUNTY, FLORIDA; AMENDING DEFINITIONS; AMENDING PROHIBITION; AMENDING EXCEPT- IONS ; ESTABLISHING REQUIREMENTS FOR SIGNAGE; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS , Brevard County has adopted regulations regarding open alcoholic beverage containers; and WHEREAS, the City of Cape Canaveral is desirous of keeping their regulations in conformance with the County; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, as follows: SECTION 1 . Section 637 . 03 , Definitions of Chapter 637 , "Alcoholic Beverage Open Container Regulations" is hereby amended by establishing the definition of "Readily Accessible" and amending the definition of "Alcoholic Beverage" and "Possession" , as follows: Alcoholic Beverage. A. Any beverage containing more than 1% of alcohol by weight. B. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer , ale, malt liquor , malt beverage , wine , wine cooler or other similar name or names and which bears the manufact- urer ' s insignia, name or trademark shall be prima facie evidence that such beverage is an alcoholic beverage. 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 the 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 compart- ment, trunk, or other non-passenger area of the vehicle as intended by the manufacturer . An open container shall not be considered in the possession of a person if the open container is located in the refrigerator or other cabinet of a motor home or recreational vehicle/type unit as defined in Section 320 . 01 , Florida Statutes. Readily Accessible shall mean the open container that contains any alcoholic beverage is in the vehicle and although not in the actual, physical manual possess- ion of the driver or passenger , is located in a place and manner that it can be easily reached. ORDINANCE NO. 27-87 PAGE 1 OF 3 SECTION 2 . Section 637. 05 is hereby repealed in its entire- ty and replaced with the following: Sec. 637.05 Prohibition . It shall be unlawful for " any person or persons in any motor vehicle to possess, to have readily accessible or to transport, or to allow others to possess, to have readily accessible or to transport any open container containing any alcoholic beverage, or any mixture containing an alcoholic bever- age, while the motor vehicle is upon a street or high- way within the City of Cape Canaveral. SECTION 3 . Section 637 . 07 is repealed in its entirety and replaced with the following: Sec . 637 . 07 Exceptions . The provisions of this Chapter shall not apply to: A. To any open container in a refrigerator in the living area of house trailers, travel trailers, camp- ing 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 purposes and that are equipped with refrigeration facilities. B. The possession of any open container contain- ing any alcoholic beverage by any Florida-licensed beverage sales person, vendor or agent, but only for purposes specifically related to their employment as sales persons , vendors or agents and only during normal working hours for such business. C . The possession of any open container contain- ing 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 purposes specifically related to their fulfill- ment of their religious duties. D. The possession of any open container contain- ing any alcoholic beverage by any law enforcement officers and employees of law enforcement agencies, but only while in the performance of their lawful duties. E. The possession of any open container contain- ing any alcoholic beverage by any person or persons engaged in picking up empty beverage containers sole- ly for the purpose of collecting the deposit or value of such containers. F. The possession of any open containers contain- ing any alcoholic beverage by any person or persons participating in a litter control or pick up program. G . The exceptions stated herein shall apply to only possession and transportation of alcoholic beverages and open containers, and not to drinking or consuming alcoholic beverages. SECTION 4. Section 637. 11 is hereby established as follows: Section 639 . 11 Signage. The City of Cape' Canaveral shall post and maintain appropriate signage at all entrances to the City of Cape Canaveral warning of the enforcement of this Chapter . Failure of a person ORDINANCE NO. 27-87 PAGE 2 OF 3 accussed of violating this Chapter to observe such warning, or failure of the City of Cape Canaveral to have such signage properly posted at the time of the alleged offense, shall not constitute a defense of the enforcement of this Chapter. SECTION 5 . All portions of the code in conflict herewith are hereby repealed. SECTION 6 . This Ordinance shall become effective immediate- ly upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 8th day of October , 1987. [signature] Mayor ATTEST: NAME YES NO [signature] HOOG YES City Clerk KIDD YES APPROVED AS TO FORM: LEE YES MARCHETTI YES [signature] MURPHY YES City Attorney First Reading 9-15-87 Posted: 9-16-8 7 Advertised: 9-26-87 Second Reading: 10-06-87 ORDINANCE NO. 27-87 PAGE 3 OF 3 §637. 01 ALCOHOLIC BEVERAGE §637. 03 OPEN CONTAINER REGULATIONS CHAPTER 637 ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS Sec . 637 . 01 Policy and Intent. The City Council of the City of Cape Canaveral finds that the consumption of alcoholic beverages while driving or riding in or on a motor vehicle poses a grave and imminent hazard to the health, safety and welfare of the residents of the City of Cape Canaveral, Florda, and is in conflict with and of the spirit of the beverage laws of the State of Florida . It therefore is declared to be the policy of the City of Cape Canaveral that the consumption of alcoholic beverages and/or the possession of any open container containing alcoholic beverages while driving or riding in or on a motor vehicle is prohibited. [ Ord. No. 21-87, §1, 21 Jul 87] Sec . 637 . 03 Definitions . For the purposes of this Chapter, the following words and phrases shall have the following meanings: Vehicle shall mean every device, in , upon , or by which any person or property is or may be transported or drawn upon a highway , excepting devices used exclusively upon stationary rails or tracks. Alcholic Beverage shall mean any beverage which contains more than one percent ( 1% ) of alcohol by weight. Highway shall mean any public street , avenue , boulevard , roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel , whether public or private , located within the incorporated area of the City of Cape Canaveral, Florida. Open Container shall mean 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. §637. 03 ALCOHOLIC BEVERAGE §637.09 328 B OPEN CONTAINER REGULATIONS Possession shall mean actual physical possession or being located within a motor vehicle not within the exception set forth in Section 4 (d) of this Ordinance. [Ord. No. 21-87, §1, 21 Jul 87] See Ord. 27-87 Sec. 637 . 07 Exceptions . This Ordinance shall not apply to: Sec. 639 . 09 Penalty. Any person violating any of the provisions of this chapter shall be punished as provided in Sec . 801. 03 . [ Ord . No. 21-87, §1, 21 Jul 87] Codified 1987 ORDINANCE NO. 21-87 AN ORDINANCE ESTABLISHING CHAPTER 737, "ALCO- HOLIC BEVERAGE OPEN CONTAINER REGULATIONS" OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA; MAKING IT UNLAWFUL TO DRINK FROM OR POSSESS AN OPEN CONTAINER CONTAINING ANY ALCOHOLIC BEVERAGE WHILE IN OR ON A VEHICLE ON ANY HIGHWAY; PROVIDING DEFINATIONS; PROVIDING FOR SEVERABILITY; REPEALING ALL PORTIONS OF THE CODE IN CONFLICT HEREWITH; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Cape Canaveral has an interest in protecting the health, safety and welfare of the residents of the City of Cape Canaveral; and WHEREAS, the City Council has determined that there is a direct relationship between automobile accidents and the consumption of alcholic beverages; and WHEREAS, the City Council has determined that prohibiting the consumption of alcoholic beverages in a motor vehicle will reduce the danger of impaired drivers; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard County, Florida, as follows: SECTION 1. Chapter 637 of the Code of Ordinances is hereby established as follows: CHAPTER 637 ALCOHOLIC BEVERAGE OPEN CONTAINER REGULATIONS Sec. 637. 01 Policy and Intent. The City Council of the City of Cape Canaveral finds that the consumption of alcoholic beverages while driving or riding in or on a motor vehicle poses a grave and imminent hazard to the health, safety and welfare of the residents of the City of Cape Canaveral, Florda, and is in conflict with and of the spirit of the beverage laws of the State of Florida. It therefore is declared to be the policy of the City of Cape Canaveral that the consumption of alcoholic beverages and/or the possession of any open container containing alcoholic beverages while driving or riding in or on a motor vehicle is prohibited. Sec. 637.03 Definitions. For the purposes of this Chapter, the following words and phrases shall have the following meanings: Vehicle shall mean every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. Alcholic Beverage shall mean any beverage which contains more than one percent (1% ) of alcohol by weight. ORDINANCE NO. 21-87 PAGE 1 OF 3 • Highway shall mean any public street, avenue, boulevard, roadway, alley, sidewalk, parking lot or other right-of-way or any area upon which the public has a right to travel, whether public or private, located within the incorporated area of the City of Cape Canaveral, Florida. Open Container shall mean 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. Possession shall mean actual physical possession or being located within a motor vehicle not within the exception set forth in Section 4 (d) of this Ordinance. Sec. 637. 05 Prohibitions. No person shall drink from or have in his possession any open container containing any alcoholic beverage or any mixture containing an alcoholic beverage while in or on a motor vehicle, whether moving or stopped upon any highway. Sec. 637. 07 Exceptions. This Ordinance shall not apply to: A. Any person engaged in picking up beverage containers for the purpose of collecting the deposit or value of the bottle or can itself. B. Any person taking part in a litter control program. C. The possession of any open container by any licensed distributor or licensed vendor of alcoholic beverages provided that such alcoholic is being transported solely for commercial purposes. D. The transportation of any open container of alcoholic beverage in or on any motor vehicle pro- vided that such container is in a compartment of the vehicle not readily accessible to the driver or passengers, such as a locked (not merely latched) glove compartment, trunk, or other non-passenger or non-driver area of the motor vehicle. Sec. 639. 09 Penalty. Any person violating any of the provisions of this Chapter shall be punished as provided in Sec 801.03. SECTION 2. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it will be presumed that the City Council of the City of Cape Canaveral did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid and unconstitutional provision thereby causing said remainder to remain in full force and effect. ORDINANCE NO. 21-87 PAGE 2 OF 3 SECTION 3 . All portions of the Code in conflict herewith are hereby repealed. SECTION 4 . This Ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 21st day of July , 1987. [signature] Mayor ATTEST: First Reading: 7-07-87 [signature] Posted: 7-08-87 City Clerk Advertised: 7-11-87 Second Reading 7-21-87 Approved as to Form: [signature] NAME YES NO City Attorney HOOG X KIDD X LEE X MARCHETTI X MURPHY X ORDINANCE NO. 21-87 PAGE 3 OF 3