§ 14-1. Open containers of alcohol in vehicles.

(a)

Definitions. The following words and phrases when used in this section shall, for the purposes of this section, have the following meanings:

Alcoholic beverage means:

(1)

Any beverage containing more than one (1) percent of alcohol by weight.

(2)

Proof that a beverage in question was contained in an open 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.

Highway means 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 unincorporated area of the county.

Motor vehicle means 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, golf cart or lawnmower.

Open container means any bottle, can, glass, cup or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage, which has been opened or a seal broken, or the contents of which have been partially removed.

Possession means an open container shall be considered to be in the 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 non-passenger area of the vehicle. 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."

Readily accessible means 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.

(b)

Policy and intent. The board of county commissioners finds that the consumption of alcoholic beverages while driving or riding in or on a motor vehicle poses a grave imminent hazard to the health and welfare of the residents and visitors of the county. Therefore, it is declared to be the policy of the county that the consumption of alcoholic beverages and the possession of any open containers containing alcoholic beverages while driving or riding in or on a motor vehicle is prohibited while on a highway.

(c)

Prohibition. It shall be unlawful for any person 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 any alcoholic beverage, or any mixture containing an alcoholic beverage, while the motor vehicle is upon a highway within the county.

(d)

Exceptions. The provisions of this section shall not apply to the following:

(1)

To 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)

To any open container in the living area of house trailers, travel trailers, camping trailers, motor homes, campers and other similar types of facilities that are primarily designed and constructed to provide temporary living quarters and utilized for travelling and recreational purposes and that are equipped with refrigeration facilities.

(3)

The possession of any open container containing any alcoholic beverage by any state-licensed beverage salesperson, caterer, vendor, or agent, but only for purposes specifically related to their employment as salespersons, 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, or any religious order, monastery, church or religious body, but only for purposes specifically related to their fulfillment of their religious duties.

(5)

The possession of any open container containing any alcoholic beverage by any law enforcement officer and employees of law enforcement agencies, but only while in the authorized performance and scope of their lawful and official duties.

(6)

The possession of any open containers containing any alcoholic beverages by any person or person 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 participating in a litter control or pick up 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 (1) and (2) above. The operator in either case shall not consume any alcoholic beverage while operating the vehicle.

(e)

Signage. The county administrator shall post and maintain appropriate signage at all appropriate entrances to the county warning of the enforcement of this section. Failure of a person accused of violating this section to observe such warning or failure of the county to have such signage posted at the time and place of the alleged offense shall not constitute a defense to the enforcement of this section.

(Ord. No. 88-16, §§ 1—4, 6)

State law reference

Possession of open containers in vehicles, F.S. § 316.1936.