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HomeMy WebLinkAboutO-04-06ORDINANCE NO. O-04-06 AN ORDINANCE OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, AMENDING CITY CODE SECTION 74-4: GENERAL REGULATIONS FOR RECREATIONAL FACILITIES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is no longer in the public interest to require City sponsor to allow alcohol to be served at recreation facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section 1. That section 74-4 of the Code of Ordinances, City of Sebastian, Florida, is hereby amended to read as follows: Sec. 74-4. General Regulations for Recreational Facilities. (a) Prohibited conduct; unlawful acts. No person shall: (7) Possess, consume or serve any alcoholic or intoxicating beverages in any area therein unless ' ' ..... I~; .... u,-,,.,;.-,,-, +~ ..... ;,., conig+Rct!3~ ,.,;~,., r-;~ .......... ,4 e~eR~:=e~=a~-authorized by City Council_: ...... throuqh =a ~'v.., permit for a function held at ~ said Facility (12) Post public notices of a-~.,~..~ except in designated areas and in accordance with time and place restrictions established by the City Manager. Section 2. CONFLICT. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. SEVERABILITY. In the event a court of competent jurisdiction shall hold or determine that any part of this Ordinance is invalid or unconstitutional, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid or unconstitutional provision, thereby causing said remainder to remain in full force and effect Section 4. EFFECTIVE DATE. This Ordinance shall take effect upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Councilmember Monier The motion was seconded by Councilmember coniAlio and, upon being put to a vote, the vote was as follows: Mayor Nathan B. McCollum aye Vice-Mayor Joe Barczyk absent Councilmember Ray Coniglio aye Councilmember Lisanne Monier aye Councilmember Michael Heptinstall aye The Mayor thereupon declared this Ordinance duly passed and adopted this 12t. h day of May, 2004. CITY OF SEBASTIAN. FLORIDA Mayor Nathan B. McCollum ATTEST: -- ~ -' Sally A Maio//CMC ~__ :~ City Clerk Approved as to form and legality for reliance by the City of Sebastian only: Rich Stringer, City ~,~ y 2