Ordinance 89-067ORDINANCE !?0. 89- 67
AN ORDINANCE A~4ENDING COLLIER COUNTY ORDINANCE
NO. 87-16, AS AMENDED, MAKING IT UNLAWFUL TO
POSSESS ALCOIIOLIC BEVERAGES IN ANY PUBLIC OR
SEMI-PUBLIC PARKING LOT OR BEACH ACCESS AREA
OF COLLIER COUNTY; ADDING DEFINITIONS FOR
PUBLIC OR SEMI-PUBLIC PARKING LOT AND BEACH
ACCESS AREA; PROVIDING FOR PENALTIES;
PROVIDING FOR CONFLICT A3;D SEVERABILITY; AND
PROVIDI[~G AN EFFECTIVE DATE.
WHEREAS, the Board of County Commissioners of Collier County',
Florida is authorized by Chapter 125, Florida Statutes to adopt
ordinances and resolutions necessary for the exercise of its
powers and to prescribe fines and penalties for the violation of
ordinanc~ in accordance with law; and
WHEREAS, con~umpt{on o[ aXcoho]{~ b~v~ra~mm o~ ~o~om~on of
open containers of alcoholic beverages while on or within any
public or semi-public parking lot or beach access area, or while
in or on motor vehicles leads to and encourages:
1) Th~ operation and control of motor vehicles while
impaired.
2) Distracting and disorderly conduct of passengers
including, but not limited to, littering; and
WHEREAS, the consumption of alcohol in motor vehicles is
detrimental to the health, safety, and general welfare~, t~
public.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF CO~Y~
COMMfSSIONERS OF COLLIER COUNTY, FLORIDA thaU:
SECTIO~ Or~E. ~ '~'
Section One of Collier County Ordinance No. 87-16 is hereby
amended to read as follows:
SECTION ONE. POSSESSION OR CONSUMPTION PROHIBITED
A. It shall be unlawful for any person to possess any
unsealed or open container
alcoholic beverage, exee~t-aa-er~g~aa~-sen~afaer-w~M-~he-see~
~nBre~en? or to consume any alcoholic beverage, in or on a ~otor
vehicle being operated on a public or semi-public area open ~cr
v,h~cu]~r t~v-]0 cr.while_on_or_wlthln_~n~bl£c~_ur--~mi:{mulLL~
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Words u~det~ined are added~ Words s~r~eR-~hrs~gh are deleted.
SECTION TWO.
Section Three of Collier County Ordinanc~ No. 87-16 is here~y
amended to read as follows:
SECTION THREE. DEFINITIONS
The following terms and phrases shall have the meanings set
forth below, unless the context clearly indic~tes otherwise.
A. "Alcoholic Beverage" - any liquid intended for human
consumption containing more than one percent (1%) of alcohol by
weight as determined in accordance with Section 561.01(4) (b),
Florida Statutes.
B. "Container" - any cup, glass, can, bottle, carton or
other vessel or receptacle of alcoholic bever~ge.
C. "Motor Vehicle" - any vehicle which is not powered by
muscular power. Motor vehicle does not include a boat.
D. "Open Container" - any container which is open, which has
been opened, which has its original seal broken, punctured or
altered so as to allow the consumption of its contents.
E. "Person" - any natural person, corporation, partnerehlp,
association or entity.
F. "Public or Semi-public Area Open for Vehicular Travel" -
all public and private roads, streets, highways, lanes, alleys,
parking lots, and parking areas on which the public is expressly
or implicitly invited to travel by motor vehicle or which is
otherwise open for vehicular travel. It shall not include areas
such as golf courses, go-cart tracks, bike paths, private
driveways ee,~m~n~m-pa~k~n~-½~s or property serving a single
dwelling unit.
" b c o em - ub c o "
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publl~ area aPPurtenant to non-residential and commercial
establishments used by the public for parkinq and pedestrian
access to such ~stablishmonts, includina, but nQ~ limited to.
drives. Darkinq areas, sidewalks and walkwavs appurtenant thereto,
and any area wherein motor vehicles are parked bY the public in
conSunction with any qon-restdential or commercial business,
enterprise or office buildinq.
H. "Beach Access Area" - ~Dv easement, street, alle~L
ri~ht-o~-wa¥ Or other property deeded or dedic~ted to the public
for the Purpose Of allowing the public access to beaches across
public or private property.
SECTION THREE.
Section Five of Collier County Ordinance No. 87-~6 is hereby
amended to read as follows:
SECTION FIVE. PENALTIES
~mpr~enmen%-and-f½ne~
Violation of this Ordinance shall be punishable as follows:
A, Any Devson who shall posses~ any unsealed or eden
~ontainer of any kind which contains any alcoholic beveraqe or who
shall GODsume any alcoholic beverage while ooeratina a motor
vehicle on a public ,or semi-oublic area open ~or vehicular travel
shall be ~uiltv of a noncriminal movin~ traffic violation,
punishable as provided in Ch~ptgr 318, Florida Statute&,
D. Any person other than an operator of a vehicle who shall
Possess an~ unseale~ or open C0Dta~ner of any kind which c~htains
~DY alcoholic beve¥~ge or who shall consume aDv alcoholic beverage
wh~e in or o~.a motor vehicle ~ein~ operated on a Public or a
semi-~ublic area open for vehicular travel ~ball be ~uil~¥ of a
nonmo¥iDg traffic violation, DBnishable as provided in ChaPter
318, Florida Statutes~
¢, Any person who shal~ possess any upseal~d or eden
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Words underlined are added; Words s%~ek-%hr~gh are deleted.
036 613
container of any kind which contains any alcoholic beverage or who
shall consume any alcoholic beverage while outside of and
unassociated with a motor vehicle, but located on or within any
public or semi-public parking lot or any beach access area shall
Be Guilty Q~ ~ D~sdemeanor pursuant to Section 125,69. Florida
~tatutes, and ~s punishable undev said SectioP by imprisonment not
~Q e~geed sixty (60) days, or by a ~i~e pot to e~cee~ Five Hundred
Dollars {$500.00)° or by both such imprisonment and fine.
SECTION FOUR. CONFLICT ~D SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictlve shall apply. If any phrase or portion of this
Ordinance is held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate,
distinct, and independent provision and such holding shall not
affect the validity of the remaining portion.
SECTION FIVE. EFFECTIVE DATE.
This Ordinance shall become effective upon receipt of notice
from the Secretary of State that this Ordinance has been filed
with the Secretary of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners
of Collier County, Florida, this26th day of September , 1989.
'~ Virgin~Magri, Depu ,~'Clerk
"'"/;' ' ~
Approved as to form and
legal sufficiency:
x,~enda C. ~ilson
Assistant County Attorney
BOARD OF COUNTY COMMXSSXONER~
OF COLLIER COUNTY, FLORIDA
~URT L. SAUNDERS, Chairman
Th~ omlnance flied wlfh fhe
am:l oclu-,owledge~gf ~
filir~ ~ ~n~ day
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Words underlined are added; Words s~eR-%h~o~h are delmted.
· ?'
'- -! STATE OF FLORIDA )
~.! "i COUNTY OF COLLIER )
I, JAMES C. GILES, Clerk of Courts in and for the
Twentieth Judicial Circuit, Collier County, Florida, do
hereby certify that the foregoing is a true copy of:
Ordinance No. 89-67
which was adopted by the Board of County Commissioners on the
26th day of September, 1989, during Regular Session.
WITNESS my hand and the official seal of the Board of
County Commissioners of Collier County, Florida, this 27st
September, 1989.
JAMES C. GILES
Clerk of Courts and Clerk
Ex-officio to Board of
Deputy Clerk