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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~ 1 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 " 2 Words ~ are added; Words s%~ek-th~§h are deleted. 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 3 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 4 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