HomeMy WebLinkAboutO-86-09ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, ADDING A
NEW SECTION 26-11 TO T}~ CODE OF ORDINANCES OF //-IE CITY OF
SEBASTIAN AND THEREBY MAKING ANY POSSESSION OF ANY OPEN CAN,
OPEN BOTI~, CUP, MUG, GLASS, OR OTHER UNSEALED CONTAINER
WHIC~ CONTAINS ALCOHOL IN T~ PASSENGER COMPAR%~NT OF ANY
MOTOR VEHICLE WIIlLE SUCH MOTOR VEHICLE IS BEING DRIVEN, OR
IS PARKED, STANDING, OR STOPPED ON ANY PUBLIC STREET, ROAD,
AI~, OR OrlI{ER PUBLIC RIGHT-OF-WAY WI%/qlN THE CITY LIMITS
OF THE CITY OF SEBASTIAN SIt~LL CONSTITUTE A NONCRIMINAL
TRAFFIC INFRACTION UNDER THE T~Rbi$ OF C~tAI:FERS 3].6 AND 318,
FLORIDA STATUTES; AND St{.a~LL BE SUBJECT TO 'I'HE PENALTIES
SPECIFIED IN SECTION 318.!8 FI.DRIDA STA/IKfES; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, it is the intention of the City Council of the City of
Sebastian to prohibit possession of open containers of beer, wine,
or other alcoholic beverages by either the driver or any passenger
of any motor vehicle while such motor vehicle is either being driven,
stopped, standing, or parked on any public street, road, highway,
alley, or other public rioht-of-way for the passage of motor vehicles
within the City Limits of the City of Sebastian; and
WHEREAS, the City Council has determined that these prohibitions
ars n~cessary and proper in order to reduce the number of incidents
of motor vehicle infractions, accidents, and deaths as a result of
persons driving while impaired by the consumption of any of said
beverages;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SEBASTIAN, FLORIDA, AS FOLLOWS~
SECTION I
That a new Section 26-11 of the Code of Ordinances of the City
of Sebastian be enacted, as follows:
"Sec. 26-11. Open Containers of Alcohol Prohibited.
(a) It shall be a noncriminal traffic infraction within
the meaning of Chapters 316 and 318, Florida Statutes, for any person
sitting in or riding in any motor vehicle that is being driven, stopped,
standing, or parked on any public street, .road, highway, alley, or
other public right-of-way to drink or have possession of any open can,
open bottle, unsealed bottle, any cup, glass, mug, or other container
containing any beer, wine, wine cooler, wiskey, cordial, liquor, or
any other drink containing alcohol intended for drinking.
(b) For the purposes of this Section 26-11, "possession"
consists of of the physical ability of the driver, or the person
sitting in the driver's seat, or any other person within the part
of the motor vehicle that contains any passenger seat, or any other
person riding in or sittino or standing in or on the vehicle, to
have in~ediate physical access to any ~uch open container.
(c) If the motor vehicle is moving at the time of any such
infraction, the violations shall be a moving violation. If the
motor vehicle is stopped, standing, or parked at the time of the
infraction, the violation shall be a nonmoving violation.
(d) The disposition of any such infraction shall be as
provided in Sections 316 and 318, Florida Statutes.
SECTION II
This Ordinance shall be effective immediately upon final
passage.
This Ordinance was read for the first time on the ~ day
of{~~/~o ,1986, and was advertised in the ... n the ~ day of
pu ic hearing that was held on the ~ day of
at which time this ordinance was moved for adoption by Councilman
_ ,
and was adopted by the following vote: ~ votes in favor or
· 1986, for a
passage and ~ votes against passage.
CITY OF SEBASTIAN, FLORIDA,
by:~
City Clerk