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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 "; 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. Highway shall mean boulevard, roadway, alley, right -of -way or any area right to travel, whether within the incorporated Canaveral, Florida. any public street, avenue, sidewalk, parking lot or other upon which the public has a public or private, located area of the City of Cape 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 to pass this Ordinance without such unconstitutional or invalid part. SECTION 4. Effective Date. This ordinance shall take effect immediately upon its adoption. ADOPTED BY the City Council of the City of Cape Canaveral, Florida, this 6th day of ATTEST: April 1 1993. Salamone, MAYOR First Reading 3/16/93 Posted: 3/16/93 Advertised: 3/13/93 Second Reading: 4/6/93 NAME NO