HomeMy WebLinkAbout1987-03ORDINANCE NO. 87- 3
1/13/87(J4)LEGAL(Wnm)
AN ORDINANCE OF INDIAN RIVER COUNTY,
FLORIDA, CREATING SECTION 2-4 OF THE
INDIAN RIVER COUNTY CODE OF - LAWS AND
ORDINANCES; MAKING IT UNLAWFUL FOR ANY
PERSON OCCUPYING A MOTOR VEHICLE LOCATED
ON A PUBLIC STREET, ROAD, HIGHWAY, ALLEY
OR PUBLIC RIGHT-OF-WAY TO POSSESS OR
CONSUME ALCOHOLIC BEVERAGES IN OR FROM
ANY OPEN CONTAINER; PROVIDING FOR
PENALTIES, INCORPORATION IN CODE,
SEVERABILITY AND EFFECTIVE DATE.
WHEREAS; consumption of alcohol is a contributing
factor to an extraordinary number of motor vehicle accidents
resulting in injury and death on a.national, state and local
level; and
WHEREAS, it is in the public interest to take
whatever steps are necessary to reduce this senseless loss
of life and property; and
WHEREAS, a prohibition upon the consumption of
alcoholic beverages by drivers and passengers of motor
vehicles may serve to achieve those aims; and
WHEREAS, the Board of County Commissioners hof
Indian River County has determined that such prohibitions
are necessary to protect the health, -.safety and welfare of
the public,
NOW, THEREFORE, BE alT ORDAINED by the Board of
County Commissioners of Indian River County that:
Section 2-4 of the Indian River County Code of
Laws and Ordinances is hereby created to read as follows:
SECTION I.
POSSESSION OR .CONSUMPTION OF ALCOHOLIC BEVERAGES
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IN MOTOR VEHICLES ON PUBLIC PROPERTY PROHIBITED.
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It shall be unlawful for. any person occupying a
motor vehicle that is driven, stopped, standing or parked on
ORDINANCE NO. 87 -
any public street, road, highway, alley or other public
right-of-way within the unincorporated areas of Indian River
County to possess or consume any alcoholic beverages in or
from any cup, glass, open can, open bottle, or other open
container.
SECTION II.
PENALTIES.
Any violation of the provisions of this ordinance
shall be subject to punishment by a fine not to exceed
$500.00, or by imprisonment in County jail, not to exceed
sixty (60) days, or by both such fine and imprisonment.
SECTION —III_
INCORPORATION IN CODE.
---------------------
This ordinance shall be incorporated into the Code
of Laws and Ordinances of Indian River County and the word
"ordinance" may be changed to "section", "article", or other
appropriate word and the sections of this ordinance may be
renumbered or relettered to accomplish such purposes.
SECTION —IV.
SEVERABILITY.
If any section, or if any sentence, paragraph,
phrase, or word of this ordinance is for any reason held to
be unconstitutional, inoperative, or void, such holding
shall not affect the remaining portions of this ordinance,
and it shall be construed to have been the legislative
intent to pass the ordinance without such unconstitutional,
invalid or inoperative part.
SECTION —VI.
EFFECTIVE—DATE.
This ordinance shall become effective upon receipt
from the Secretary of State of the State of Florida of
ORDINANCE NO. 87-3
official acknowledgment that this ordinance has been filed
with the Department of State.
Approved and adopted by the Board of County
Commissioners of Indian River County, Florida, on this 13th
day of January, 1987.
This ordinance was advertised in the Vero Beach
Press -Journal on the 20th day of December 1986, for a
public hearing to be held on the 13th day of January, 1987,
at which time it was moved for adoption by Commissioner
Eggert seconded by Commissioner Wheeler
and adopted by the following. vote:
Chairman Don C. Scurlock, Jr. Aye__
Vice Chairman Margaret C. Bowman ALL
Commissioner Richard N. Bird Aye
Commissioner Carolyn K. Eggert Aye
Commissioner Gary C. Wheeler Aye
BOARD OF COUNTY COMMISSIONERS
OF INDIAN RIVER COUNTY,
FLORIDA
Chairman VOF
Attest By.
Freda' - W fight
C I e rr--k: �.
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Acknowledgment by the Department of State of the State of
Florida, this 22nd day of January 1987.
T
Acknowledgment from theDepar,tment of State received on this
28th day of January_______. 1987, at 10e30_ a.m./p.m. and
filed in the Office of the Clerk of the Boar -of County
Commissioners of Indian River County, Florida.
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rJ, ORDINANCE NO. 87- 3
AP
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ssistant County Attorney