HomeMy WebLinkAboutOrdinance No. 21-1987MICROFILMED JUNE 89
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
MICROFILMED JUNE 89
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.
1
Sec. 634.09 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
MICROFILMED JUNE 89
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.
First Reading 7-07-87
Posted: 7-08-87
Advertised: 7-11-87
--
Second Reading; 72187
NAME
KIDD
LEE
MARCHETTI
MURPHY
YES NO
X
X
X
ORDINANCE NO. 21-87
PAGE 3 OF 3