09-02-08 Item 221
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ORDINANCE
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI RELATING TO ALCOHOL;
AMENDING CHAPTER 4, ARTICLE I, OF THE CITY OF SOUTH
MIAMI CODE OF ORDINANCES BY AMENDING SECTION 4 -8 BY
CREATING A PROVISION RELATING TO PROHIBITING THE
CONSUMPTION OF ALCOHOL IN PUBLIC PLACES AND CERTAIN
PRIVATE PLACES; PROVIDING FOR SEVERABILITY,
ORDINANCES IN CONFLICT, CODIFICATION, AND AN
EFFECTIVE DATE.
E —I
WHEREAS, consumption of alcoholic beverages in public places increases the potential
for alcohol - related criminal activities, noise, violence, aggressive and/or offensive
conduct related to the excessive use and abuse of alcohol; and,
WHEREAS, citizens of the City of South Miami desire to promote a safe atmosphere and
environment in public places; and,
WHEREAS, it has been the experience of other municipalities that prohibition of alcohol
in their public places such as parks and playgrounds results in a decrease in violence and
undesirable behavior; and,
WHEREAS, -it is the intent of this ordinance to prohibit the consumption of alcoholic
beverages in public places unless specifically authorized;
WHEREAS, the Mayor and City Commission desire to amend Chapter 4 of the City's
Code of Ordinances to provide regulations relating to precluding the consumption of
alcohol in certain public places and private locations within the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA, THAT:
Section 1. Chapter 4, of the City of South Miami Code of Ordinances,
relating to "Alcoholic Beverages," is amended to include a new section 4 -8 and renumber
the remaining sections of Chapter 4, to read as follows:
Chapter 4
ALCOHOLIC BEVERAGES
Sec. 4 -8. Consumption in public places and certain private places not permitted.
I (a) It shall be unlawful for any person, without the consent of the City Manager or
2 his /her designee to drink alcoholic beverages or possess open containers holding
3 alcoholic beverages in any public place in the City. It shall further be unlawful for any
4 person to drink alcoholic beverages or possess open containers holding alcoholic
5 beverages in or upon any automobile truck motorcycle or other vehicle, when such
6 vehicle is parked upon any public place without the consent of the City Manager or his
7 designee Consent shall be provided by the City Manager or his /her designee as provided
8 for under the City's "outdoor dining permit" or "special event permit" process Upon an
9 applicant's completion of the requisite ermit application and a determination by the City
10 Manager that the applicant complies with the applicable requirements established by the
11 City for said permit then alcoholic beverages may be possessed and consumed in public
12 places or at a private outdoor location.
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14 (b) The term "public place," as used herein shall mean streets, sidewalks, parkways,
15 parks playgrounds ball fields school buildings school yards, city hall, libraries and any
16 other roperty owned or in the possession of the City or any other state, county or other
17 governmental agency in which property is used or intended for use by the City or
18 government employees or by members of the general public.
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20 (c) It shall be unlawful for any person to consume any alcoholic beverage on private
21 premises without the consent of the owner, tenant or other person lawfully in possession
22 of such private premises It shall further be unlawful for any person to drink alcoholic
23 beverages in or upon any automobile truck motorcycle or other vehicle when such
24 vehicle is parked upon any private premises - •:dh-,., t the ^ ent e f the ^ °
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27 (d) Nothing in this section prevents the possession or consumption of alcoholic
28 beverages in compliance with Section 316.1936 Florida Statutes, and in fact the City is
29 entitled to impose more stringent restrictions on the possession of alcoholic beverages
30 that the state statute relating to same. All other city, county and state laws relating to the
31 consumption of alcohol and/or the operation of motor vehicles while under the influence
32 shall apply,
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34 Sec. 4 -9. Penalty for violation of chapter.
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36 Violations of the provisions of this Chapter may result in the City licenses or permits
37 being revoked; in the issuance of fines of $500.00, per incident, per civil infraction; and
38 further enforcement as provided for under section 1 -8 of this Code. The City Manager'
39 decision whether to revoke a license or permit is appealable, within 15 days to the City
40 Commission.
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43 ARTICLE I1, LICENSES
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45 Sec. 4-10. Required.
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Sec. 4.11. Subject to city ordinances; revocation.
Sec. 4.12 Qualifications of licensee; fees.
Sec. 4 -1.3. Annual, semi - annual and for six month periods.
Sec. 4 -14. Application.
Section 2. All ordinances or parts of ordinances in conflict with the
provisions of this ordinance are repealed.
Section 3. This ordinance shall be codified and included in the Code of
Ordinances.
Section 4. If any section, clause, sentence, or phrase of this ordinance is for
any reason held invalid or unconstitutional by a court of competent jurisdiction, the
holding shall not affect the validity of the remaining portions of this ordinance.
Section 5. This ordinance shall take effect immediately upon enactment.
PASSED AND ADOPTED this day of
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
Luis R. Figueredo,
Nagin Gallop Figueredo, P.A.
Office of City Attorney
2008.
APPROVED:
MAYOR
1St Reading —
2 °a Reading —
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Wiscombe:
Commissioner Palmer:
Commissioner Beckman: