HomeMy WebLinkAboutO-1981-269 - r
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ORDINANCE NO. 269
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j AN ORDINANCE OF THE CITY OF DANIA, FLORIDA,
ORDAINING AND ENACTING SECTION 4-35 OF THE
1 CODE OF ORDINANCES OF THE CITY OF DANIA,
FLORIDA, PROHIBITING THE DRINKING, SELLING,
DISPENSING OR POSSESSION OF ALCOHOLIC BEVERAGE
UPON THE PUBLIC BEACH; AND PROVIDING DEFINITIONS :
AND PROVIDING CERTAIN EXEMPTIONS; AND PROVIDING
THAT ALL ORDINANCES OR PARTS OF ORDINANCES AND
ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CON-
FLICT HEREWITH BE REPEALED TO THE EXTENT OF
SUCH CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS , the City of Dania owns and maintains certain
portions of the beach area along the Atlantic Ocean within the
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City of Dania , said beach area being more fully described in Part 1 ,
Article 1 , Section 7 of the Charter of the City of Dania, Florida;
and
WHEREAS , the City' s beaches make up the single most signi-
ficant physical asset of the City of Dania, and it is the duty of
the City Commission to regulate and control the use of this invalu-
able public recreational facility through the enactment of appropriate
legislative measures ; and
WHEREAS , the economy of the City of Dania and surrounding
communities is dependent , to a significant extent , upon tourism-
related industries which are, in turn, dependent upon attractive
and inviting beaches ; and
WHEREAS , the City Commission has determined that special
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concern exists with regard to the problems of drinking alcoholic
beverages upon the City's public beaches and that appropriate
legislative action is necessary in order to restrict the usage of
City beaches to those activities for which the City' s beaches are
intended ; and
WHEREAS , it is not now nor has it ever been the intention
of the City Commission that the City ' s beaches be utilized as places
where alcoholic beverages may be consumed; and
WHEREAS , the City ' s beach is , to a significant extent ,
utilized by family groups and children under the age of 18; and
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WHEREAS , the presence on the City' s beaches of persons
drinking alcoholic beverages will detract from the City' s image
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as a family-oriented tourist resort facility and, through its
deleterious effect on tourism, will ultimately result in an adverse
economic impact upon both owners of property in the beach area and
all other residents of the City of Dania; and
WHEREAS , the State of Florida, by virtue of Rule 16D-2. 06
{ of the Florida Administrative Code , which Rule was adopted pursuant
to the authority of Section 592. 07 , Florida Statutes , prohibits the
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possession and drinking of intoxicating beverages within any state
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park, including John Lloyd State Park, which lies immediately
adjacent to the City' s public beach; and
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WHEREAS , persons who consume alcoholic beverages tend to
have decreased control of their faculties due to the universally
recognized effects of alcohol upon the central nervous system,
thereby resulting in an increased risk of harm for those who con-
sume alcoholic beverages and then enter the ocean with its inevitable
periods of increased wave activity and powerful currents and under-
tows ; and
WHEREAS , if the City is to permit the consumption of
alcoholic beverages upon its public beaches , it will necessarily
incur the obligation to provide an increased level of lifeguard
protection and other municipal services , thereby resulting in an
unreasonable and unanticipated financial obligation on the part of
the City of Dania;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA, FLORIDA:
Section 1. The following words and terms as used in this
Ordinance are defined as follows :
(a) Alcoholic Beverages : The words "alcoholic
beverages" shall include all beverages containing more
than one percent (1%) of alcohol by weight .
(b) Consumption on Premises : The words "consumption
on premises" shall mean consumption of all beer, wines ,
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or alcoholic beverages of every kind, or the right
to sell by the drink or bottle such beverages .
Section 2. That Section 4-35 of the Code of Ordinances
of the City of Dania is hereby created and enacted to read as
follows :
"Section 4-35. Alcoholic beverages upon public
beach prohibited.
It shall be unlawful for any person to drink,
sell , dispense or manually possess any alcoholic
beverage in an unsealed and/or open container
upon the City' s public beach and recreation
area, as defined in Part 1 , Article 1 , Section
7 of the City of Dania Charter, or upon any
parking area or parking space adjacent to or
abutting said beach and recreation area. "
Section 3. The provisions of this Ordinance shall not
apply to the leased area known as the Dania Beach Grille or to the
area of the Dania Fishing Pier located above ground and above the
water , but shall apply to the beach underneath said structure .
Section 4. That if any clause , section or other part of
this Ordinance shall be held invalid or unconstitutional by any
- court of competent jurisdiction, the remainder of this Ordinance
shall not be affected thereby, but shall remain in full force and
effect .
Section 5 . That all ordinances or parts of ordinances and
all resolutions or parts of resolutions in conflict herewith be
and the same are hereby repealed to the extent of such conflict.
Section 6. That this Ordinance shall be in force and
take effect immediately upon its final passage and adoption.
PASSED AND ADOPTED on First Reading on the 25nd day of
June 1981 .
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PASSED and ADOPTED on Second and Final Reading on the
23.ad day of June 1981.
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R - COMMISSIONER -
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ATTEST:
CITY CLERK - AUDITOR
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APPROVED FOR FORM AND CORRECTNESS :
FRANK C. ADLER, CITY ATTORNEY
City of Dania, Florida
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