§ 3-12. Consumption, possession of open containers of alcoholic beverages while driving, riding in motor vehicles.
(a)
Policy and intent. The city commission finds that the consumption of alcoholic beverages while driving or riding in or on a motor vehicle poses a grave and imminent hazard to the health, safety and welfare of the residents of the City of Cocoa Beach, Florida, and is in conflict with and of the spirit of the beverage laws of the state. It therefore is declared to be the policy of the city that the consumption of alcoholic beverages and/or the possession of any open container containing alcoholic beverages while driving or riding in or on a motor vehicle is prohibited.
(b)
Definitions. For the purposes of this section, the following words and phrases shall have the following meanings:
(1)
Motor vehicle. Any vehicle, as defined in Florida Statutes, which is self-propelled and every vehicle which is propelled by electric power, but not including any bicycle, moped, golf carts or lawnmowers.
(2)
Alcoholic beverage:
a.
Any beverage containing more than one (1) per cent of alcohol by weight.
b.
Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name or names and which bears the manufacturer's insignia, name or trademark shall be prima facie evidence that such beverage is an alcoholic beverage.
(3)
Highway. Any public street, avenue, boulevard, roadway, alley, sidewalk, parking lot, or other right-of-way, or any area upon which the public has the right to travel, whether public or private, located within the incorporated area of Cocoa Beach, Florida.
(4)
Open container. Any bottle, can or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage, which has been opened or [had the] seal broken, or the contents of which have been partially removed.
(5)
Possession. An open container shall be considered to be in possession of a person if such a container is physically held by or readily accessible to the person by being within such person's grasp or if such person is observed drinking from such open container. An open container shall not be considered to be in the possession of a person if the open container is located in a locked glove compartment, or other locked compartment, trunk, or other nonpassenger area of the vehicle as intended by the manufacturer. An open container shall not be considered in the possession of a person if the open container is contained in a properly sealed box or located in the refrigerator or other cabinet of a motor home or recreational vehicle-type unit which is defined as: "… primarily designed as temporary living quarters for recreational, camping, or travel use, which either has its own motive power or is mounted on or drawn by another vehicle."
(6)
Readily accessible. The open container that contains any alcoholic beverage is in the vehicle and although not in the actual, physical manual possession of the driver or passenger, is located in a place and manner that it can be easily reached.
(c)
Prohibition. It shall be unlawful for any person or persons in any motor vehicle to possess, to have readily accessible or to transport, or to allow others to possess, to have readily accessible or to transport any open container containing an alcoholic beverage, or any mixture containing an alcoholic beverage, while the motor vehicle is upon a highway within Cocoa Beach, Florida.
(d)
Exemptions. This section shall not apply to:
(1)
Paying passengers and their guests, on a bus, limousine, taxicab or other motor vehicle that is operated by duly-licensed drivers in the course of conducting an ongoing, duly licensed and authorized business or providing paid passenger transportation or service; provided that no open container containing any alcoholic beverage is in the possession of or readily accessible to the driver.
(2)
Any open container in a refrigerator in the living area of house trailers, travel trailers, camping trailers, motor homes, campers and other similar types of facilities that are primarily designated and constructed to provide temporary living quarters and utilized for traveling and recreational purposes and that are equipped with refrigeration facilities.
(3)
The possession of any open container containing any alcoholic beverage by any Florida-licensed beverage sales person, caterer, vendor or agent, but only for purposes specifically related to their employment as sales persons, caterers, vendors or agents.
(4)
The possession of any open container containing any alcoholic beverage by any duly ordained or authorized minister, pastor, priest, rabbi, or any other similarly designated person, of any religious order, monastery, church or religious body, but only for purposes specifically related to the fulfillment of their religious duties.
(5)
The possession of any open container containing any alcoholic beverage by any law enforcement officers and employees of law enforcement agencies, but only while in the performance of their lawful duties.
(6)
The possession of any open container containing any alcoholic beverage by any person or persons engaged in picking up empty beverage containers solely for the purpose of collecting the deposit or value of such containers.
(7)
The possession of any open containers containing any alcoholic beverage by any person or persons participating in a litter control or pickup program.
(8)
The exceptions stated herein shall apply to only possession and transportation of alcoholic beverages and open containers, and not to drinking or consuming alcoholic beverages, except for the exception that applies to passengers as stated in subparagraph (a) herein.
(e)
Penalty. Any person found guilty of violating the provisions of this section shall be punished by a fine not to exceed five hundred dollars ($500.00) and/or incarceration not to exceed sixty (60) days.
(Ord. No. 850, §§ 1—5, 6-4-1987; Ord. No. 865, § 1—3, 11-5-1987)
Editor's note
Section 7 of Ord. No. 850, enacted June 4, 1987, provided for codification of the foregoing sections of the ordinance as § 3-12 et seq. For classification purposes, §§ 1—5 of the ordinance were included as § 3-12 at the discretion of the editor, and § 6, severability, was omitted (see § 1-5 of this Code).
Cross reference
Drinking, possessing, etc., alcoholic beverages in public places, generally, § 15-20.1; traffic, Ch. 26.