2644-82
ORDINANCE NO. 2644-82
AN ORDINANCE OF THE CITY OF CLEARWATER, FLORIDA,
AMENDING SECTION 72.04, CONSUMPTION OR POSSESSION
OF ALCOHOLIC BEVERAGES IN PUBLIC AREA PROHIBITED,
OF CHAPTER 72, ALCOHOLIC BEVERAGES, OF THE CODE
OF ORDINANCES, CITY OF CLEARWATER, TO CLARIFY
THAT SUCH PROHIBITION IN ANY AREA INCLUDES ANY
PERSON WALKING, STANDING OR OTHERWISE PHYSICALLY
LOCATED WITHIN THE SAID AREA OR A PERSON LOCATED
IN OR UPON ANY VEHICLE OR OTHER FORM OF CONVEYANCE;
PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS
HEREOF; PROVIDING FOR THE REPEAL OF ORDINANCES
OR PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING FOR PROPER NOTICE OF PROPOSED
EN?TACTMENT; AND PROVIDING FOR THE EFFECTIVE
DATE OF THIS ORDINANCE.
WHEREAS, the Police Department in utilizing the provisions of
Section 72. 04 of the Code of Ordinances has indicated that a need exists
to clarify certain language contained in the section to aid in enforcement;
NOW, THEREFORE, BE IT ORDAINED BY THE CI'T'Y
COMMISSION OF THE CITY OF CLEARWATER, FLORIDA;
Section 1. That subparagraph (a) of Section 7Z. 04, Consumption
or possession of alcoholic beverages in public area prohibited, of Chapter
72, Alcoholic Beverages, of Title VII, Businesses and Business Regulations,
of the Code of Ordinances, City of Clearwater, be and the same is hereby
amended to read as follows:
See. 72.04. Consumption or possession ofalcoholic
beverages in public area prohibited.
(a) It shall be unlawful for any person to sell, service,
dispense, use, consume or drink any beer, wine or
other alcoholic beverages, or to possess any opened
or unsealed container containing beer, wine or other
alcoholic beverage within the following places.
(1) On or in any public beach. A person is on or in
a public beach when such person is walking or
physically located on the sand area comprising the .
beach or is located in a vehicle or an other form
of conveyance
(2) On or in any street, alley, sidewalk, parking lot or
right-of-way, A_person walking, standing or otherwise
phlrisicaljX located within the places enumerated hereiiz,
or a'person located in or upon any vehicle or other form
`.. of con_vVance shall be considered_a_person on or in any
street, U e, sidewalk arking lot or right-of-way;
71-
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CLEARWATER SUN j
f 1'ubliahrd l)atly
(7earwater, l'inell6a l:ounty. Florid¦ •
STATE OF P{ (liiSDA
COUNTY OF P1NELLASs
Before the undersigned authority personally appeared Mary Ann Marran
she is the Classlfied Sale* Manager of the (ycorwater.:iun, a daisy newspaper published i
Plnellaa Cauntys Florldal that the attarhed copy of adweetimemem. being a ...
Public Notice
.......................................
Ords. 2621-•82 etc. .. .........
In the . ........AVX ............................ ........ .
Feb 1 5 1 9.82
said newspaper in the loon of ...... ..
•' • Arliant further' says•tha. the said Clearwater •Son is a newspaper published
Pinellas Pinellas County. Florida, each day and has nbeen entered oceand class mall messirs, at
Clearwater, in said Pinellas County, Florida. for a period of one year nem pr
of the attached copy of advertisement; and a(fi¦nt further says that she has
any pev." firm or eort'?ration any, discount, rebate, eommimlon or refund for the pw
thSs adertiantent for pup6lieation In the said newspaper.
Sworn to and subscribed before me
1 th ...... day or .Febararuy• Ad).1y8.2,
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(3) On or in any street end fronting on the Gulf of
Mexico in the city. A Resrsoh walking, standing
or otherwise physically located within the area
designated herein, or a person located in or upon
an vehicle or other form of conveyance shall be
considered a person on or in any street end fronting
on the Gulf of Mexico in the city;
(4) On or in any public park or minipark in the city. For
the purposes of this section, the term "park" shall
be construed to mean all dedicated parks and athletic
fields, and all grounds used by the city for park or
playground purposes, but exclusive of any permanent
structures erected thereon at which alcoholic beverages
are sold. A person walkis standing or otherwise
physically within the area designated herein
or a person located in or upon any vehicle or other
form of conveyance shall be considered,a.person on
or in an public ark or mini ark in the city; or
(5) On or in the exterior doorways and entrances to
buildings. This prohibition shall not be construed to
apply to that portion of any building or dwelling licensed
for the sale and consumption of beer, wine or other
alcoholic beverages.
II
Section 2. Should any section, paragraph, sentence, phrase, clause,
or other part or provision of this ordinance be declared by any court to be
invalid, the same shall not affect the validity of the ordinance as a whole,
or any part thereof, other than the part declared to be invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith
or inconsistent with the provisions of this ordinance are hereby repealed to
the extent of their conflict.
Section 4. Notice of theproposed enactment of this ordinance has
been properly advertised in a newspaper of general circulation in accordance
with Section 166.041, Florida Statutes.
Section 5: The provisions of this ordinance shall take effect
immediately upon its passage.
PASSED ON FIRST READING February 18, 1982
PASSED ON SECOND AND FINAL
READING AND ADOPTED March 4, 1982
Mayor- Commissioner
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