HomeMy WebLinkAbout1051-10 OPEN CONTAINERS (ALCOHOL) iiiiiii 11111 11111 11111 11111 11111 11111 IDIl 1111111111 IIIIIII
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Rcpt:1323837 Rec: 18.50
ORDINANCE NO. 1051-10 D5: 0.00 IT: 0.00
09/02/10 A. Giard, Dpty Clerk
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ZEPHYRHILLS, FLORIDA, AMENDING SECTION 112.04 OF
ORDINANCE NO. 943-05 PERTAINING TO THE CONSUMPTION AND
POSSESSION OF ALCOHOLIC BEVERAGES; PROVIDING FOR
SEVERABILITY,REPEALER AND AN EFFECTIVE DATE.
WHEREAS,the City Council has determined that it would be consistent with the City's efforts
to implement downtown development, as well as beneficial to the generalhealth and welfare of
the citizenry to prohibit the consumption and possession of open alcoholic containers on public
and semi-public property.
NOW THEREFORE,BE IT ORDAINED by the City Council of the City of Zephyrhills,
Florida as follows:
SECTION 1. Section 112.04 of Ordinance No. 943-05 is amended as follows:-'
Section 112.04. Consumption and Possession Prohibited on Certain Public and Semi-Public
Property.
Definitions. The following words,terms and phrases,when used in this section, shall have the
meanings ascribed to them, except where the context clearly indicates a different meaning.
1. Alcoholic beverage means any beverage containing one'-half-of one percent or more
of alcohol weight.
2. Open container means any bottle, can, cup, glass or other receptacle containing any
alcoholic beverage which is open, has been opened, which'the seal has been broken,
or which has had its contents partially removed.
PAULAS.O'NEIL,Ph.D.PASCO CLERK & COMP ROLLER
3. Public nuisance, unlawful acts. 09/02/10 10:12am 1f2
2
OR BK 8410 PG 1813
a. Except as provided and permitted in the Special Events Ordinance, or as
permitted by the express approval of a majority of City Council, it is a public
nuisance and shall be unlawful and in violation of this section for any person to
possess an open container upon any public property, or semi-public space within
the boundaries of the West side of 7th St., East side of 10th-St.;North side of 6th
Ave., and the South side of 4th Ave.; any public or semi-public space within a
• commercial district; and any public park.
Penalties.
A violation of this section shall be punishable with a$150.00 fine for a first offense and shall be
a second-degree misdemeanor as defined by state law for each subsequent offense.
SECTION 2. Severability.
It is-declared-to be the-intent of the City Council of the City of Zephyrhills, Florida,that if any
section, subsection, sentence, clause, or provision of this Ordinance shall be declared invalid by a
Court of competent jurisdiction,the remainder of this Ordinance shall be construed as not having
contained said section, subsection, sentence, clause or provision and shall not be affected by suc
holding.
SECTION 3. Repealer.
Any ordinance or part of any ordinance, in conflict herewith is hereby repealed to the extent of
any conflict.
Record and Return to:
City Clerk's Office
5335 8th Street
Zephyrhills, FL 33542
0R BI( 8410 PG 1814
SECTION 4. Effective Date. 2 of 2
This Ordinance shall become effective upon passage on the second reading and signing by the
Mayor.
The foregoing Ordinance No. 1051-10 was read and passed on its first reading in an open and
regular meeting by the City Council of the City of Zephyrhills, Florida, on this 12th day of April,
2010.
ATTST: , P ILLS
�itida D�'3oan;City Clerk Jodi Wilkeson, Council President
s
o
Theregoing Or4iiiance No. 1051-10 was read and passed on its second reading in an open and
regular in'eting by the City Council of the City of Zephyrhills, Florida, on this 23rd day of
August, 2010.
.d? i i 3 1, .
ATTEST: s', CITY OF ZEPHYRHILL
r�� \:' �I ,�, `�•Vii,
Lirida.D Boan City�.C.lerk L e A. mith, Council President
The oregoing Or�1m nce No. 1051-10 was approved by me this 23 rd day of August, 2010.
—
Approved as to legal form and content for
the sole reliance of the City of Ze hyrhills
Jo A. Poblick, City Attorney