Item P10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
January 17, 2001
Division:
County Attorney
AGENDA ITEM WORDING:
Approval to advertise an ordinance 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.
ITEM BACKGROUND:
PREVIOUS RELEVANT BOCC ACTION:
STAFF RECOMMENDATION:
Approval to advertise for Public Hearing in Marathon or Key West at Board's discretion.
TOTAL COST:
Cost to County:
BUDGETED: Yes
No
APPROVED BY:
County Attorney X
OMB/Purchasing
Risk Management
DIVISION DIRECTOR~
DOCUMENTATION: Included -2L To Follow
Not required
AGENDA ITEM #
I, PIO
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
I
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 that are
appurtenant to commercial establishments used by the public for parking for, and
pedestrian access to, commercial establishments, including drivers, parking areas,
and sidewalks and walkways appurtenant thereto.
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(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: '6reas such as' 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
Jdordopencans
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