Item P4
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: March 21, 2001
Division: COUNTY ATTORNEY
AGENDA ITEM WORDING:
Public hearing on an ordinance creating Section 2.1-5, Monroe County
Code, in order to prohibit the possession of open containers of alcoholic
beverages by any person on a public road or parking lot not just those
persons in vehicles.
At Public Hearing on February 21, 2001, motion to revise the ordinance
and continue this public hearing to the March Board meeting in Marathon
at 3:00 p.m.
At Public Hearino on February 21.2001.
STAFF RECOMMENDATIONS:
Approval
DIVISION DIRECTOR APPROVAL: ~~~
J ES. HENDRICK
DOCUMENTATION: Included
.
AGENDA ITEM #
I.. P*
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 ALCOHOUC 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.
(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
Deputy Clerk
Mayor/Chairperson
JdordopencansOl