Ordinance 95-2984 ORDINANCE NO. 95-2984
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, REPEALING MIAMI BEACH CITY CODE
SECTION 25-33 . 1, ENTITLED "DISORDERLY
CONDUCT-CONSUMPTION OF ALCOHOL IN
CERTAIN PUBLIC PLACES" ; PROVIDING FOR
REPEALER AND AN EFFECTIVE DATE.
WHEREAS, Section 856 . 011, Florida Statutes contains a prohibition
against disorderly intoxication which is currently enforced by the
City' s Police Department; and
WHEREAS, Miami Beach City Code Section 25-33 . 2 which prohibits the
drinking, serving or selling of alcoholic beverages on the beaches and
provides civil penalties for violations is being amended to apply also
to streets, sidewalks, malls and other such public places; and
WHEREAS, Section 25-33 . 1 of the Miami Beach City Code is no longer
needed as the subject matter it contains will be more appropriately
covered by Section 856 . 011, Florida Statutes and Miami Beach City Code
Section 25-33 . 2 .
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1. REPEAL OF MIAMI BEACH CITY CODE SECTION 25-33 . 1
That Section 25-33 . 1 of Miami Beach City Code Chapter 25, entitled
"Offenses-Miscellaneous" is hereby repealed.
Scc . 25 33 . 1 Di3ordcrly conduct Consumption of alcohol in ccrtain
public placcs.
It shall be unlawful for any person to drink, scrvc or scll any
beer, wine or any other alcoholic beverage on any street , sidewalk
pedestrian mall, alley, highway, playground, park or any other public
property, in the city, except in those areas as designated and approved
by the city manager or the city commission. The words "alcoholic
beverage" arc hereby defined for the purposes of this section to mean
and include alcohol, spirits, liquor, wine, beer and every liquid or
solid containing alcohol, spirits, wine or bccr, and which contain one
half of one percent or more of alcohol by volume, and which arc fit for
bovcrage purposes whether alone or when diluted, mixed or combined with
other substances .
SECTION 2 . REPEALER.
All ordinances or parts of ordinances in conflict herewith be and
the same are hereby repealed.
SECTION 3 . EFFECTIVE DATE.
This Ordinance shall take effect on the 15th day of
April , 1995 .
PASSED and ADOPTED this 5th day o April , 1995 .
ATTEST:
MAYOR
..vtvoiLet
CITY CLERK
1st reading 3/15/95 (11
2nd reading
(Requested by Commissioner Martin Shapiro. )
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FORM APPROVED
Lega ' t. 2
By "ie
Date 6-k2.5 2"2'f--47
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OFFICE OF THE CITY ATTORNEY
624 ey:Arinee twa"
F L O R I D A
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LAURENCE FEINGOLD soe►,oQ.,� P O BOX O
CITY ATTORNEY 26" MIAMI BEACH. FLORIDA 33119-2032
TELEPHONE(305)673-7470
TELECOPY (305)673-7002
COMMISSION MEMORANDUM NO: ()-1 c
DATE: April 5, 1995
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
CITY MANAGER ROGER M. CARLTON
FROM: LAURENCE FEINGOLD /
CITY ATTORNEY
SUBJECT: ORDINANCE REPEALING CITY CODE SECTION 25-33 .1 PROHIBITING
SELLING, SERVING AND CONSUMING ALCOHOLIC BEVERAGES IN
PUBLIC
Commissioner Martin Shapiro requested an Ordinance which
strengthens our ability to prohibit consumption of alcoholic
beverages in public places . In order to accomplish this goal we
have drafted an Ordinance amending City Code Section 25-33 . 2 which
currently prohibits consumption of alcoholic beverages on the
public beaches to include prohibition of consumption, sale or
service of alcoholic beverages on/in public places such as
sidewalks, streets, alleys, parks, malls and beaches . Section 25-
33 . 2 will require civil fines appealable to our Special Masters .
This should improve compliance as the courts have been less
responsive to this problem than required to discourage violations .
Since this amended version of Section 25-33 . 2 , which is also
included in the March 1, 1995 Agenda packet, will replace current
Section 25-33 . 1 we have included the attached Ordinance repealing
Section 25-33 . 1 .
It should also be noted that Section 856 . 011, Florida
AGENDA 2
ITEM 3- -0-7
1700 CONVENTION CENTER DRIVE— FOURTH FLOOR— MIAMI BE Ll J
DATE •
Mayor Seymour Gelber
Members of the City Commission
City Manager Roger M. Carlton
March 1, 1995
Page 2
Statutes, is also being enforced by our Police Department . This
Statute provides criminal penalties for disorderly conduct by
intoxicated persons .
SWS::scf:memos\liq-cons.cm
OFFICE OF THE CITY ATTORNEY-1700 CONVENTION CENTER DRIVE-MIAMI BEACH, FLORIDA 33139
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