HomeMy WebLinkAboutOrdinance No. 05-1993ORDINANCE NO. 05 -93
AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD
COUNTY, FLORIDA, AMENDING CHAPTER 737, ALCOHOLIC BEVERAGE
OPEN CONTAINER REGULATIONS, SECTION 737.03, DEFINITIONS,
TO AMEND THE DEFINITION OF "POSSESSION "j PROVIDING FOR A
REPEAL OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,
BREVARD COUNTY, FLORIDA, as follows:
SECTION 1. Sec. 737.03 Definitions. of the City Code of
Ordinances is hereby amended to read as follows:
Sec. 737.03 Definitions For purposes of this
Chapter, the following words and phrases shall have the
following meanings:
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 manufacturer's
insignia, name or trademark shall be prima facie evidence
that such beverage is an alcoholic beverage.
Hichwav shall mean any public street, avenue,
boulevard, roadway, alley, sidewalk, parking lot or other
right -o£ -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. An open container shall be considered
to be in the possession of the operator of a vehicle if
the container is not in the possession of a passenger and
is not located in a locked glove compartment, locked
trunk or other locked non - passenger area of the vehicle.
An open container shall be considered to be in the
possession of a passenger of a vehicle if the container
is in the physical control of the passenger. An open
container shall not be considered in the possession of a
person if the open container is located in the
refrigerator or other storage area of a motor home or
recreational vehicle which is in excess of 21 feet in
length.
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.
SECTION 2. Conflicting Provisions. Any ordinance, or parts
of an ordinance, in conflict herewith are repealed.
- - -
City of Cape Canaveral
Ordinance No. 05 -93
Page 2
SECTION 3. Severability. If any section, paragraph, phrase,
or word of this Ordinance is held to be unconstitutional or
invalid, such portion shall not affect the remaining portions
hereof and it shall be construed to have been a legislative intent
I
',. to pass this Ordinance without such unconstitutional or invalid
part.
SECTION 4. Effective Date. This ordinance shall take effect
i
immediately upon its adoption.
ADOPTED BY the City Council of the City of Cape Canaveral,
Florida, this 6th day of April , 1993.
Jy Salamone, MAYOR
l
ATTEST: nn
`Faith G. Mille 'r—, CITY CLERK
Approved as to Form:
John k. Kancilia, CITY ATTORNEY
First Reading 3/16/93
POSted: 3/16/93
Advertised: 3/13/93
Second Reading: 4/6/93
';.M X70
cc: 4/6/93 - Municipal Cade Corporation;
Cape Canaveral Sheriff's Precinct;
Jim Morgan, Building Dept.;