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HomeMy WebLinkAboutOrdinance No. 09-1994r 0 O O ORDINANCE NO. 09 -94 AN ORDINANCE OF THE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, AMENDING SECTION 604.02, PROEI`ITING CONSUMPTION OR POSSESSION OF ALCOHOLIC BEVERAGE, OF THE CODE OF ORDINANCES OF THE CITY OF CAPE CANAVERAL TO PROVIDE THAT THE CITY COUNCIL MAY WAIVE THE PROHIITIONS OF SAID SECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ENACTED I:;Y THE CITY COUNCIL OF TEE CITY OF CAPE CANAVERAL, BREVARD COUNTY, FLORIDA, as follows: SECTION 1. Section 604.02, Prohibiting Consumption or Possession of Alcoholic Beverages, of the Code of Ordinances of the City of Cape Canaveral is hereby amended to read as follows: Sec. 604.02. Prohibiting Consumption or Possession of Alcoholic Beverage. It shall be unlawful for any person to drink, consume or possess an open container of alcoholic beverage, as defined in Chapter 561, Florida Statutes, within the confines of any public park, public recreational area, public recreation facility or public ballpark within the City of Cape Canaveral, Florida, excluding the ocean beach. The City Council 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 contained herein shall be deemed to waive any provisions of the Florida law regulating alcoholic beverages. SECTION 2. 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 to pass this Ordinance without such unconstitutional or invalid part. SECTION 3. Conflicting Provisions. Any ordinance, or parts of an ordinance, in conflict herewith are repealed. • City of Cape Canaveral, Florida Ordinance No. 09 -94 Page 2 SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City of Cape Canaveral, Brevard County, Florida, this 1st day of February , 1994. Faith 6?. Miller, C'IT. VIJERK APPROVED A John noxlaaiicITY ATTORNEY Salamone, MAYOR ±° Read s, : 1/18/94 posted 1/19/94 Adverfted: 1/21/94 Sewnd R�?; si! s 2/1/94