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HomeMy WebLinkAboutOrdinance No. 27-1987MICROFILMED JU E 89 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 MICROFILMED JU E 89 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 639.11 is hereby established as follows: Section 63.11 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 fVIICROFILWJED JUJE 89 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. 1 Mayor NAME YES NO HOOG X KIDD X LEE X MARCHETfI X MURPHY X First Reading Posted: Advertised: Second Reading: 9 -15 -87 9 -16 -87 9 -26 -87 10 -06 -87 ORDINANCE NO. 27 -87 PAGE 3 OF 3