HomeMy WebLinkAboutOrdinance No. 12-2010ORDINANCE NO. 12 -2010
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL,
FLORIDA, AMENDING CHAPTER 6, ALCOHOLIC
BEVERAGES, OF THE CODE OF ORDINANCES;
PROVIDING FOR THE REPEAL OF PRIOR INCONSISTENT
ORDINANCES AND RESOLUTIONS; INCORPORATION
INTO THE CODE; SEVERABILITY; AND AN EFFECTIVE
DATE.
WHEREAS, the City is granted the authority, under Section 2(b), Article VIII, of the State
Constitution, to exercise any power for municipal purposes, except when expressly prohibited by
law; and
WHEREAS, the City Council finds that administrative waivers of alcoholic beverage
prohibitions are properly delegated to the city manager; and
WHEREAS, the City Council of the City of Cape Canaveral, Florida, hereby finds this
Ordinance to be in the best interests of the public health, safety, and welfare of the citizens of Cape
Canaveral.
BE IT ORDAINED by the City Council of the City of Cape Canaveral, Brevard
County, Florida, as follows:
Section 1. Recitals. The foregoing recitals are hereby fully incorporated herein by this reference
as legislative findings and the intent and purpose of the City Council of the City of Cape Canaveral.
Section 2. Code Amendment. Chapter 6, Alcoholic Beverages, of the Code of Ordinances, City
of Cape Canaveral, Florida, is hereby amended as follows ( underlined type indicates additions and
strikee t type indicates deletions, while asterisks ( * * *) indicate a deletion from this Ordinance of
text existing in Chapter 6. It is intended that the text in Chapter 6 denoted by the asterisks and set
forth in this Ordinance shall remain unchanged from the language existing prior to adoption of this
Ordinance):
CHAPTER 6. ALCHOHOLIC BEVERAGES
ARTICLE III. POSSESSION AND CONSUMPTION
DIVISION 1. GENERALLY
Sec. 6 -51. Streets, alleys, sidewalks and parking areas.
(a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic
beverage, as defined in F.S. § 561.01, including but not limited to beer and wine, on or upon
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Ordinance No. 12 -2010
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any street, alley, walkway, sidewalk or any city public parking area open to the public in the
ordinary course of business within the city.
(b) The city eounsil manager may waive the prohibitions of this section for any special event,
including, but not limited to, community picnics, charitable ball games and other events,
provided that nothing in this section shall be deemed to waive any provisions of state law
regulating alcoholic beverages.
Sec. 6 -52. Parks and recreation areas.
(a) It shall be unlawful for any person to drink, consume or possess an open container of alcoholic
beverage, as defined in F.S. ch. 561, within the confines of any public park, public recreational
area, public recreation facility or public ballpark within the city, excluding the ocean beach.
(b) The city setmsil manager may waive the prohibitions of this section for any special event,
including but not limited to community picnics, charitable ball games and other events,
provided that nothing in this section shall be deemed to waive any provisions of state law
regulating alcoholic beverages.
Sec. 6 -53 Ocean beach.
(a) It shall be unlawful for any person to possess an alcoholic beverage, as defined in F.S. ch. 561,
on the ocean beach or dune in containers greater than one gallon (128 ounces) in capacity.
(b) The city seunsil mana er may waive the prohibitions of this section for any special event
including, but not limited to, community picnics, charitable ball games and other events,
provided that nothing in this section shall be deemed to waive any provisions of state law
regulating alcoholic beverages.
Section 3. Repeal of Prior Inconsistent Ordinances and Resolutions. All prior inconsistent
ordinances and resolutions adopted by the City Council, or parts of prior ordinances and
resolutions in conflict herewith, are hereby repealed to the extent of the conflict.
Section 4. Incorporation Into Code. This Ordinance shall be incorporated into the Cape
Canaveral City Code and any section or paragraph, number or letter, and any heading may be
changed or modified as necessary to effectuate the foregoing. Grammatical, typographical, and
like errors may be corrected and additions, alterations, and omissions, not affecting the
construction or meaning of this ordinance and the City Code may be freely made.
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
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City of Cape Canaveral, Florida
Ordinance No. 12 -2010
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i 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 Council of the City of Cape Canaveral, Florida.
ADOPTED by the City Council of the City of Cape Canaveral, Florida, this �9
of AQC*, 2010
C20 CG T..
ROCKY RAN ELS, Mayor
ATTEST:
FOR AGAINST
Bob Hoog Y
Buzz Petsos x
ANG A _ _ N, City Clerk Rocky Randels %
Shannon Roberts second
Betty Walsh mnti
First Reading:
9/21/2010
Legal Ad Published: IU7
Second Reading: 10 19 201
co Approved as to legal form and sufficiency for
the City o pe Canaveral only:
ANTHONY A. GARGANESE, City Attorney
City of Cape Canaveral, Florida
Ordinance No. 12 -2010
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