§ 5-70. Alcohol-free zone on Sidney Fischer Park.

(a)

Alcohol-free zone established. The alcohol-free zone is established as follows:

(1)

The alcohol-free zone shall include the entire confines of Sidney Fischer Park located at 2200 North Atlantic Avenue and that portion of the ocean beach and sea dune area on the Atlantic Ocean immediately adjacent to Sidney Fischer Park and abutting same east to the municipal limits of the city as further defined in section 5-50, Definitions (a) Ocean Beach and (c) Sea dune area.

(2)

Persons passing through the alcohol-free-zone shall be permitted to carry alcoholic beverages through the zone provided that the passage is continuous.

(3)

Except when approved as part of a special event in accordance with chapter 14 of this Code, or within a sealed unopened container the possession, consumption, or sale of any alcoholic beverages is unlawful within the alcohol-free zone except for the "continuous passage" provision in subsection (a)(2) of this section. For purposes of this section, an "alcoholic beverage" means any beverage containing more than one (1) percent of alcohol by weight.

(4)

The city shall post signs in and around the alcohol-free zone stating as follows:

"IT IS UNLAWFUL TO POSSESS, CONSUME, OR SELL ANY ALCOHOLIC BEVERAGE IN THIS ALCOHOL-FREE ZONE UNDER THE CITY CODE OF THE CITY OF COCOA BEACH"

(b)

Enforcement and penalty.

(1)

The Cocoa Beach Police Department shall enforce violations of this section.

(2)

Violations of this section shall be prosecuted in the same manner as second degree misdemeanors are prosecuted. Anyone convicted of violating this section shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in the county jail not to exceed sixty (60) days or by both such fine and imprisonment.

(3)

In lieu of making an arrest or issuing a notice to appear, a law enforcement officer, beach ranger or other enforcement official of the city may issue a Class III citation for violation of this section pursuant to chapter 31 of this Code. Each violation of any provision of this section shall constitute a separate offense. Any person who willfully refuses to sign and accept a citation issued by a law enforcement officer, beach ranger or other enforcement official shall be guilty of a misdemeanor of the second degree, punishable as provided in F.S. § 775.082 or 775.083. A written warning to this effect shall be provided at the time any citation is issued hereunder.

(Ord. No. 1546, § 2, 5-3-2012)