Ordinance 87-016ORDINANCE NO. 87- 16
AN ORDINANCE MAKING IT UNLAWFUL TO POSSESS
ALCOHOLIC BEVERAGES IN UNSEALED CONTAINERS IN
MOTOR VEHICLES; PROVIDING FOR EXCEPTIONS;
PROVIDING DEFINITIONS; PROVIDING FOR
APPLICABILITY; PROVIDING FOR PENALTIES;
PROVIDING FOR CONFLICT AND SEVERABILITY;
AND PROVIDING FOR 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 ordinances in accordance with law; and
WHEREAS, consumption of alcoholic beverages or possession of
open containers of alcoholic beverages while in or on motor
vehicles leads to and encourages:
1) The operation and control of motor vehicles while
impaired.
2) Distracting and disorderly conduct of
including, but not limited to, littering; and
passengers;
WHEREAS, the consumption of alcohol in motor vehicles is
detrimental to the health, safety, and general welfare of the
public.
NOW, 'I"HEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
SECTION ONE. P'OSSESSION OR CONSUMPTION PROHIBITED
It shall be unlawful for any person to possess any container
of alcoholic beverage, except an original container with the seal
unbroken, or to consume any alcoholic beverage, in or on a motor
~,ehicle being operated on a public or semi-public area open for
vehicular travel.
SECTION TWO. EXCEPTIONS
This Ordinance shall not apply to:
containers for the purpose of collecting the deposit or value
1 ) Any person engaged in transporting empty beverage
of
the bottle or can itself, nor to any person taking part in a
litter control campaign, m ~
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2) The possession of any open container by any licensed
distributor or licensed vendor of alcoholic beverages provided
that such alcoholic beverage is being transported solely for
co,~ercial purposes.
3) The transportation of any open container of alcoholic
beverage in or on any motor vehicle provided that such container
is in a compartment of the vehicle not readily accessible to the
driver or passengers, such as a trunk, or other non-passenger or
non'driver area of the motor vehicle.
4) The transportation of any open container or consumption
of alcoholic beverage in or on any motor vehicle duly licensed
and operated for hire to transport passengers, such as charter
buses, regularly scheduled buses, taxicabs, and separate
passenger compartments of limousines provided the operator
thereof is not in immediate possession of, or engaged in the
consumption of, any alcoholic beverage or open container of
alcoholic beverage.
5) The operation, for a consideration, of any motor vehicle
by an individual duly licensed and supplied by a chauffeur
service, limousine service, taxicab company, or bus company;
provided the operator thereof is not in immediate possession of,
or engaged in the consumption of, any alcoholic beverage or open
container of alcoholic beverage,, and is operating the vehicle
while under, and in the scope of the employment of a chauffeur
service, limousine service, taxicab company, or bus company. The
operator must have in his possession evidence of employment by a
bona fide chauffeur service, limousine service, taxicab company,
or bus company.
6) Any wine in possession of a duly ordained minister,
pastor, priest or rabbi which is to be used solely during
religious services.
SECTION THREE. DEFINITIONS
The following terms and phrases shall have the meanings set
forth below, unless the context clearly indicates 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 beverage.
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, partnership,
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, condominium parking lots or property serving a single
dwelling unit.
SECTION FOUR. APPLICABILITY
This Ordinance shall be applicable throughout the
unincorporated areas of Collier County, Florida.
SECTION FIVE. PENALTIES
Violation of this Ordinance is a misdemeanor pursuant t¢,
Section 125.69, Florida Statutes, and is punishable under said~
section by imprisonment not to exceed sixty (60) days, or by a.
fine not to exceed Five Hundred Dollars ($500.00), or by both
such imprisonment and fine.
SECTION SIX. CONFLICT AND SEVERABILITY
In the event this Ordinance conflicts with any other
ordinance of Collier County or other applicable law, the more
restrictive 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 SEVEN. 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, this 14~ day of April ,
1987.
.~J~ES. C....~'.I~ES, Clerk
App~ov~'~i~o form and legal
Dav~---~ C. Weigel '
Assistant County At~c~rney
BOAR]) OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
This o~inance filed with the
Secretary of State's Office the
~ day o~ q~-, ~7
and acknowledgement of that
filing received thls~l~ day