§ 3-2. Consumption on public property prohibited.

(a)

Unlawful to consume alcoholic or intoxicating beverage on public property. The consumption by an individual of an alcoholic or intoxicating beverage on public property within the city shall constitute a violation of this section and [be] punishable as provided for herein.

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

(1)

Alcoholic beverage means all beverages containing more than one (1) percent of alcohol by weight.

(2)

Intoxicating beverage means those alcoholic beverages containing more than three and two-tenths (3.2) percent of alcohol by weight.

(3)

Public property means lands and improvements owned or leased by the federal government, the state, the county, the city or any other governmental entity, and includes, but is not limited to, buildings, grounds, parks, playgrounds, streets, sidewalks, parkways, rights-of-way and other similar property, but does not mean any such property on which any person has a beverage license issued by the state pursuant to F.S. ch. 561, authorizing and permitting the sale of alcoholic or intoxicating beverages, nor shall it mean any public property upon or within when the city manager, or his designee, has authorized the sale or consumption of alcoholic or intoxicating beverages in conjunction with a specific event and as authorized under this Code and subject to the imposition of such terms and conditions as determined to be necessary or appropriate.

(c)

Determination of weight. The percentage of alcohol by weight shall be determined in the manner provided in F.S. § 561.01(4)(b).

(d)

Evidence of consumption. For the purposes of this section, the possession of an opened container having an alcoholic or intoxicating beverage therein shall constitute prima facie evidence of consumption by the person in possession of the container.

(e)

Penalties. A person who violates this section shall be subject to the following:

For a first or second offense: An administrative proceeding before the city's special master and upon conviction, a civil fine not exceeding five hundred dollars ($500.00) or an appropriate term of community service;

For a third offense: A judicial proceeding before the county court in and for Polk County and, upon conviction, a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding sixty (60) days, or by both such fine and imprisonment;

For a fourth or subsequent offense: A judicial proceeding requiring a mandatory appearance before the county court in and for Polk County and, upon conviction, a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for a term not exceeding twelve (12) months, or by both such fine and imprisonment.

(f)

Authorization to create procedural rules. The city's special master is authorized to create procedural rules for the administrative prosecution for first and second offenses.

(Ord. No. 98-60, § 1, 9-14-98; Ord. No. O-07-67, § 1, 10-22-07; Ord. No. O-11-04, § 1, 7-25-11; Ord. No. O-17-06 , § 1, 5-22-17)

Editor's note

Ord. No. O-17-06 , § 1, adopted May 22, 2017, repealed §§ 3-2—3-4, and subsequently renumbered § 3-5 as § 3-2. Former §§ 3-2—3-4 pertained to hours of sale; prohibited areas; and bottle clubs and derived from Code 1959, §§ 4-4; 4-5; and 4-21—4-24; and Ord. No. O-12-19, § 3(exh. A, pt. I), adopted May 29, 2012.