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Item R6 NOTICE OF INTENTION TO CONSIDER ADOPTION OF COUNTY ORDINANCE NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on Wednesday, February 21, 2001, at 3:00 PM at the Key Largo Library, Tradewinds Shopping Center, Key Largo, Monroe County, F'orida, the Board of County Commissioners of Monroe County, Florida, intends to consider the adoption of the following County ordinance: AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING SEe. 2,1-5, MONROE COUNTY CODE, PROVIDING FOR DEFINmONS; PROVIDING THAT THE POSSESSION OF OR CONSUMPTION FROM OPEN CONTAINERS OF ALCOHOUC BEVERAGES WHILE UPON PUBUC OR SEMI-PUBUC AREAS OPEN FOR VEHICULAR TRAVEL, COMMERCIAL ESTABUSHMENT PARKING LOTS, OR PROPERTY OWNED BY OR UNDER LEASE TO THE COUNTY IS PROHIBITED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFEmVE DATE Pursuant to Section 286,0105, Florida Statutes, notice is given that if a person decided to appea' any decision made by the Board with respect to any matter considered at such hearings or meetings, he will need a record of the proceedings, and that, for such purpose, he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based, Copies of the above-referenced ordinance are available for review at the various public libraries in Monroe County, Florida, Dated at Key West, Florida, this 22nd day of January, 2001 (SEAL) DANNY L. KOLHAGE, Clerk of the Circuit Court and ex officio Clerk of the Board of County Commissioners of Monroe County, Florida Publication dates Reporter Key West Citizen Keynoter 2/1-8/01 2/2-9/01 2/3-10/01 I ~ J2.lP Commissioner Dixie Spehar ORDINANCE NO - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING SEC. 2.1-5, MONROE COUNTY CODE, PROVIDING FOR DEFINITIONS; PROVIDING THAT THE POSSESSION OF OR CONSUMPTION FROM OPEN CONTAINERS OF ALCOHOLIC BEVERAGES WHILE UPON PUBLIC OR SEMI-PUBLIC AREAS OPEN FOR VEHICULAR TRAVEL, COMMERCIAL ESTABLISHMENT PARKING LOTS, OR PROPERTY OWNED BY OR UNDER LEASE TO THE COUNTY IS PROHIBITED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 2,1-5, Monroe County Code, is hereby created to read as follows: Sec. 2.1-5. Consumption of alcoholic beverages; possession of open containers of alcoholic beverages. (a) Definitions. The following words and phrases, whenever used in this section, are to be construed as follows: (1) Alcoholic beverage means any beverage containing one-half (1/2) of one (1) percent alcohol or more by weight as determined in accordance with Fla. Stat. Sec. 561.01(4)(b). (2) Beverage Law: Florida Statutes, Chapter 561 through 565. (3) Commercial Establishment Parking Lot means any private or public open space appurtenant to a commercial establishment, which is used by the public for parking of vehicles, or pedestrian access to a commercial establishment, including driveways, parking areas, sidewalks and walkways appurtenant thereto. (4) Public or Semi-public area open for vehicular or pedestrian travel means any private or public road, street, highway, right-of-way, lane, alley, parking lot, or parking area on which the public is expressly or implicitly invited to travel by motor vehicle or pedestrian means or which is otherwise open for such travel. It does not include golf courses, private driveways, or property serving a single dwelling unit. (5) Open container means any container of alcoholic beverage immediately capable of being consumed from, or the seal of which has been broken. (b) Prohibition It is unlawful for any person to possess or drink from an open container of an alcoholic beverage while upon a public or semi-public area open for vehicular or pedestrian travel, or a commercial establishment parking lot; except in those areas in which such consumption is permitted pursuant to the beverage law, other state statutes, state administrative rule, or County ordinance or resolution. (c) Exceptions, The prohibition contained in subsection (b) does not apply to: (1) Any person engaged in picking up empty beverage containers for the purpose of collecting the deposit or value of the bottle or can itself, or any person taking part in a litter control campaign. (2) Passengers in vehicles as set forth in Fla.Stat. 316.1936(5) and Sec. 2.1-3, Monroe County Code. (d) Nothing in subsection 2(b) may be construed to prevent the possession of an open container by a member of the public upon County property when that possession is specifically authorized by an applicable provision of the Monroe County Code. Section 2, If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity. Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2001. Mayor George Neugent Commissioner Charles McCoy Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk By Mayor/Chairperson JdordopencansOl Commissioner Dixie Spehar ORDINANCE NO - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, CREATING SEC. 2.1-5, MONROE COUNTY CODE, PROVIDING FOR DEFINITIONS; PROVIDING THAT THE POSSESSION OF OR CONSUMPTION FROM OPEN CONTAINERS 9F ALCOHOLIC BEVERAGES WHILE UPON PUBLIC OR SEMI-PUBLIC AREAS OPEN FOR VEHICULAR TRAVEL, COMMERCIAL ESTABLISHMENT PARKING LOTS, OR PROPERTY OWNED BY OR UNDER LEASE TO THE COUNTY IS PROHIBITED; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES; AND PROVIDING AN EFFECTIVE DATE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. Sec. 2,1-5, Monroe County Code, is hereby created to read as follows: Sec. 2.1-5. Consumption of alcoholic beverages; possession of open containers of alcoholic beverages. (a) Definitions. The following words and phrases, whenever used in this section, are to be construed as follows: (1) Alcoholic beverage means any beverage containing one-half (1/2) of one (1) percent alcohol or more by weight as determined in accordance with Fla. Stat. Sec. 561.01( 4){b). (2) Beverage Law: Florida Statutes, Chapter 561 through 565, (3) Commercial Establishment Parking Lot means any private or publiC open space appurtenant to a commercial establishment, which is used by the public for parking of vehicles, or pedestrian access to a commercial establishment, including driveways, parking areas, sidewalks and walkways appurtenant thereto. (4) Public or Semi-public area open for vehicular or pedestrian travel means any private or publiC road, street, highway, right-Of-way, lane, alley, parking lot, or parking area on which the publiC is expressly or implicitly invited to travel by motor vehicle or pedestrian means or which is otherwise open for such travel. It does not include golf courses, private driveways, or property serving a single dwelling unit. (5) Open container means any container of alcoholic beverage immediately capable of being consumed from, or the seal of which has been broken. (b) Prohibition It is unlawful for any person to possess or drink from an open container of an alcoholic beverage while upon a public or semi-public area open for vehicular or pedestrian travel, or a commercial establishment parking lot; except in those areas in which such consumption is permitted pursuant to the beverage law, other state statutes, state administrative rule, or County ordinance or resolution, f-~ (c) Exceptions. The prohibition contained in subsection (b) does not apply to: (1) Any person engaged in picking up empty beverage containers for the purpose of collecting the deposit or value of the bottle or can itself, or any person taking part in a litter control campaign. (2) Passengers in vehicles as set forth in Fla.Stat. 316.1936(5) and Sec, 2,1-3, Monroe County Code, (3) Any person engaged in fishing from a bridge, at a location where fishing is not prohibited by law. (4) Social and fund raising events conducted by charitable and/or non-profit organizations. (d) Nothing in subsection 2(b) may be construed to prevent the possession of an open container by a member of the public upon County property when that possession is specifically authorized by an applicable provision of the Monroe County Code. Section 2. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity, Section 3. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2001. Mayor George Neugent Commissioner Charles McCoy Commissioner Murray Nelson Commissioner Dixie Spehar Commissioner Nora Williams (SEAL) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Mayor/Chairperson Deputy Clerk JdordopencansOl \"omrmSSloner Uuae Spehar ORDINANCE NQ - 2001 AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONRO! COUNTY, FLORlD~ CREAnNG SEe. 2.1-5, MONROE COUNTY CODE, PROVIDING fOR DEFlNmONS; PROVIDING THAT THE POSSESSION OF OR CONSUMPnON FROM OPEN CONTAINERS 0' ALCOHOUC BeveRAGES WHILE UPON PUBUC OR SEMI-PUIlUC AREAS OPEN fOR VEHICUlAR TRAVEL, COMMERCIAl ESTAB' ISHNENT PARKING LOTS, OR PROPERTY OWNED BY OR UND!R LEASE TO THE COUNTY IS PROHIBITED; PROVIDING fOR SEVlRABIUlY; PROVIDING FOR THE RePEAL OF ALL ORDINANCES INCONSlSrlNT HI!REWITH; PROVIDING FOR INCORPORAnoN INto ntE MONROE COUNTY CODE 0' ORDINANces; AND PROVIDING AN EfFEcnve DA'I'E BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: SectiOf)..1. Sec. 2.1-5, Monroe County Code.. is hereby created to read as follows: Sec. 2.1-5. Consumption of alcoholic beverages; possession of open containers of alcoh~iC beverages. (a) Definitions. The fOllowing wordS and phrases, whenever usecl in this section, are to be construed as foflows: el) Alcoholic beverage means any beverage containing one-half (1/2) of one (1) percent alcohol or more by weight as determined tn accordance with Fla. Stat. Sec. 561,Ol(4)(b), (2) IIeverage LlIw: Florida Statutes, Chapter- 561 through 565. (3) Commen:lal &tlIbllshment Parlt/ng Lot means any private or publiC open space appurtenant to a commercial establishment, which is used by the public for parting of vehides, or pedestrian access to a commercial establishment, including driveways, parting areas, sidewaUcs and walkwayS appurtenant thereto. (4) Public or Semi-publlc.rea open fOr vehlQlIar or pedest:rlan tnllreI means any private Or pUblic road, street, highway, right-of-way, lane, alley, parking lot, or parking area on which the pubfic ts expressly or impliCitly invited to travel by motor vehicle or pedestrian means or Which. is otherwise open fOr suCh travel. It does not 'ndude golf courses, pl1Vate driveways, or property seMng a single dwelling unit. (S) Open container means any container of alCOholiC beverage immediately capabfe of being consumed from, or the seal 0' which has been broken. (b) Prohibition It is unlawful for any person to possess or drink from an open container of an alcoholic beverage while upon a public or semi-public area open for vehicular or pedestrian travel, or a commerCial establishment parking loti exce~'t in those areas in which SUch consumption is permitted pursuant to the beverage Jaw, other state statutes, state administrative rule, or County ordin,ance or resolution. ~ fL. (e) Exceptions. The prohibition contained in Subsection (b) does not apply to: (1) Any person engaged in picking up empty beverage containers for the purpose of collecting the deposit or value of the bottle or can itself, or any person taking part in a litter control campaign. (2) Passengers in vehfdes as set forth in Fla,Stat. 316,1936(5) and Sec. 2.1-36 Monroe County Code. ~ (3) Any person engaged in fishing from a bridge, at a location where fishing is not I~ prohibited by law. 1,J11 (4) Social and fund raising events (onduc:tecl by c:haritable and/or non-JlrOfit ~ organizations, (d) Nothing in sUbsectJon 2(b) may be construed to prevent the POSSession of an open container by a member of the public upon County property when that possession is Specifically authOrized by an applicable proviSion of the Monroe CeJUnty Code. Section 2. If any section, subsection, sentence, dause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be a"ected by such invalidity. Section 3. All ordinances or parts of ordinances in confUct with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be induded and incorporated in the Code of OrdInances of the County of Monroe. Florida, as an addition or amendment thereto, and shaff be appropriately renumbered to conform to the uniform numbering system of the Code. SectiQn S. This ordinance shall take effect immediately upon receipt of official notice from the Office of the Secretary of State of the State of Florida that this ordinance has been tiled with said Office. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the day of , 2001. Mayor George Neugent Commissioner Charles McCoy CommiSSioner Murray Nelson CommiSSioner Dixie S~ar Commissioner Nora Williams (SEAl) Attest: DANNY L.KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy aerk By Mayor/Chairperson JdordopencansOl