An Ordinance of the Town of Indialantic, Brevard County, Florida; Amending Chapter 15

1 ORDINANCE NO. 17-06 2 3 AN ORDINANCE OF THE TOWN OF INDIALANTIC, BREVARD 4 COUNTY, FLORIDA; AMENDING CHAPTER 15, TRAFFIC, 5 REPEALING ARTICLE IV, SECTIONS 15-45 THROUGH 15-49, 6 RELATING TO ALCOHOL CONSUMPTION IN VEHICLES; 7 PROVIDING A SEVERABILITY/INTERPRETATION CLAUSE; AND 8 PROVIDING FOR AN EFFECTIVE DATE.

9 WHEREAS, the Town Council, in 2015, established a Code Review Task Force to 10review the existing code, particularly provisions other than those recently addressed, 11and provide recommendations for update; and 12 13 WHEREAS, in its’ report dated October 17, 2016, the Code Review Task Force 14recommended Code Sections 15-45 through 15-49 (Alcohol Consumption I Motor Vehicles) be 15repealed as these sections are covered by State law; and 16 17 WHEREAS, the Town Council of the Town of Indialantic, Florida, hereby finds 18this Ordinance to be in the best interests of the public health, safety, and welfare of the citizens 19of Indialantic. 20 21 NOW, THEREFORE, BE IT ENACTED BY THE TOWN OF INDIALANTIC, FLORIDA: 22 23 SECTION 1. Recitals. The foregoing recitals are hereby fully incorporated herein by 24this reference. 25 26 SECTION 2. That Article IV, Sections 15-45 through 15-49 of the Code of Ordinances of 27the Town of Indialantic are hereby repealed as follows: 28 29 ARTICLE IV. ALCOHOL CONSUMPTION IN MOTOR VEHICLES (Repealed) 30 31Sec. 15-45. Policy and intent. (Repealed) 32 33 The town council of the Town of Indialantic finds that the consumption of alcoholic 34beverages while driving or riding in or on a motor vehicle poses a grave imminent hazard to the 35health, safety and welfare of the residents of the Town of Indialantic. Therefore, it is declared to 36be the policy of the Town of Indialantic that the consumption of alcoholic beverages and/or the 37possession of any open containers containing alcoholic beverages while driving or riding in or 38on a motor vehicle is strictly prohibited. 39 40Sec. 15-46. Definitions. (Repealed) 41 42 The following words and phrases when used in this article shall, for the purposes of the 43article, have the following meanings: 44 45 (a) Motor vehicle. A motor vehicle shall be as defined in Section 316.003, Florida 46Statutes, as amended or superseded from time to time. 47 48 (b) Alcoholic beverage.

1 Town of Indialantic Ordinance No. 17-06 2 Page 1 of 4 49 50 (1) Any beverage containing more than one percent (1%) of alcohol by 51 weight. The percentage of alcohol by volume shall be determined by measuring 52 the volume of the standard ethyl alcohol in the beverage and comparing it with 53 the volume of the remainder as though said reminder ingredients were distilled 54 water. 55 56 (2) Proof that a beverage in question was contained in an opened bottle or 57 can, labeled as beer, ale, malt liquor, malt beverage, wine, liquor or other similar 58 name or names and which bears the manufacturer’s insignia, name or trademark 59 shall be prima facie evidence that such beverage is an alcoholic beverage. 60 61 (c) Street or highway. Street or highway shall mean the entire width between 62 the boundary lines of every way or place of whatever nature when any part 63 thereof is open to the public for purposes of vehicular traffic. A street or highway 64 shall include, but not be limited to, all land within any public right-of-way, any 65 public avenue, boulevard, roadway, alley, sidewalk, or other right-of-way located 66 within the Town. 67 68 (d) Open container. Any bottle, can or other receptacle or container 69 containing any alcoholic beverage or any mixture containing an alcoholic 70 beverage, which has been opened or a seal broken, or the contents of which 71 have been partially removed. 72 73 (e) Possession. An open container shall be considered to be in the 74 possession of the operator of a vehicle, if the container is not in the possession 75 of a passenger and is not located in a locked glove compartment, locked truck, or 76 other locked nonpassenger area of the vehicle. An open container shall be 77 considered to be in the possession of a passenger of a vehicle if the container is 78 in the physical control of the passenger. An open container shall not be 79 considered in the possession of a person if the open container is located in the 80 refrigerator or other cabinet of a motor home or recreational vehicle/type unit as 81 defined in Section 320.01, Florida Statutes, as amended from time to time. 82 83 (f) Readily accessible. The open container that contains any alcoholic 84 beverage is in the vehicle and although not in the actual, physical manual 85 possession of the driver or passenger, is located in a place and manner that it 86 can be easily reached. 87 88 (g) Operator. Operator means and refers to any person who is in actual 89 physical control of a motor vehicle upon the highway, or who is exercising control 90 over or steering a vehicle being towed by a motor vehicle. 91 92Sec 15-47. Prohibition. (Repealed) 93 94 It shall be unlawful for any person or persons in any motor vehicle to possess, to have 95readily accessible or to transport, or to allow others to possess, to have readily accessible or to 96transport any open container containing any alcoholic beverage, or any mixture containing an

3 Town of Indialantic Ordinance No. 17-06 4 Page 2 of 4 97alcoholic beverage, while the motor vehicle, whether moving or stopped, is upon a street or 98highway within the Town of Indialantic. 99 100Sec. 15-48. Exceptions. (Repealed) 101 102 The provisions of this article shall not apply to the following: 103 104 (1) To paying passengers and their guests on a bus, limousine, taxicab or 105 other motor vehicle with a capacity of more than eight (8) that is operated by 106 duly-licensed drivers in the course of conducting an ongoing, duly-licensed and 107 authorized business or providing said passenger transportation or service; 108 provided that no open container containing any alcoholic beverage is in the 109 possession of or readily accessible to the driver. 110 111 (2) To any open container in a refrigerator or cabinet in the living area of 112 house trailers, travel trailers, camping trailers, motor homes, campers and other 113 similar types of facilities that are primarily designed and constructed to provide 114 temporary living quarters and utilized for traveling and recreational purposes and 115 that are equipped with refrigerator or cabinet facilities. 116 117 (3) The possession of any open container containing any alcoholic beverage 118 by any Florida-licensed beverage sales person, caterer, vendor or agent, but only 119 for purposes specifically related to their employment and only during normal 120 working hours for such business. 121 122 (4) The possession of any open container containing any alcoholic beverage 123 by any low enforcement officers and employees of law enforcement agencies, 124 but only while in the performance of their lawful duties regarding the transport of 125 said beverage. 126 127 (5) The possession of any open container containing any alcoholic beverage 128 by any person or persons engaged in picking up empty beverage containers 129 solely for the purpose of collecting the deposit or value of such containers unless 130 such person is otherwise in violation of this article. 131 132 (6) The possession of any open containers containing any alcoholic 133 beverage by any person or persons participating in a litter control or pick up 134 program unless such person is otherwise in violation of this article. 135 136 (7) The exceptions stated herein shall apply only to possession and 137 transportation of alcoholic beverages and open containers, and not to drinking or 138 consuming alcoholic beverages, except for the exception that applies to 139 passengers as stated in subjection (1) herein. 140 141Sec. 15-49. Penalty. (Repealed) 142 143 Any operator of a motor vehicle who violates this section is guilty of a noncriminal 144moving traffic violation, punishable as provided in Chapter 318, Florida Statutes. Any

5 Town of Indialantic Ordinance No. 17-06 6 Page 3 of 4 145passenger of a motor vehicle who violates this section is guilty of a noncriminal nonmoving 146traffic violation, punishable as provided in Chapter 318, Florida Statutes. 147 148 SECTION 3. Severability Clause/Interpretation. 149 150 (a) In the event that any term, provision, clause, sentence or section of this Ordinance 151shall be held by a court of competent jurisdiction to be partially or wholly unenforceable or 152invalid for any reason whatsoever, any such invalidity, illegality, or unenforceability shall not 153affect any of the other or remaining terms, provisions, clauses, sentences, or sections of this 154Ordinance, and this Ordinance shall be read and/or applied as if the invalid, illegal, or 155unenforceable term, provision, clause, sentence, or section did not exist. 156 157 (b) That in interpreting this Ordinance, underlined words indicate additions to existing 158text, and stricken through words include deletions from existing text. Asterisks (* * * *) indicate a 159deletion from the Ordinance of text, which exists in the Code of Ordinances. It is intended that 160the text in the Code of Ordinances denoted by the asterisks and not set forth in this Ordinance 161shall remain unchanged from the language existing prior to adoption of this Ordinance. 162 163 SECTION 4. Effective Date. This Ordinance shall become effective upon adoption of 164this Ordinance. 165 166 PASSED by the Town Council of the Town of Indialantic on first reading on the 8th day 167of February, 2017, and ADOPTED by the Town Council of the Town of Indialantic, Florida, on 168final reading on the 8th day of March, 2017. 169 170 TOWN OF INDIALANTIC 171 172 ______173 David Berkman 174 Mayor 175ATTEST: ______176 Joan Clark 177 Town Clerk 178 1791st reading: February 8, 2017 1802nd reading: March 8, 2017 181Effective Date: March 8, 2017

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