30-73 ORDINANCE NO. 30-73 .
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CHAPTER 4
"ALCOHOLIC BEVERAGES" OF THE CODE OF ORDINANCES
OF THE CITY OF DELRAY BEACH, AS AMENDED, BY
AMENDING SECTION 4-6 PERTAINING TO POSSESSION
OF AN OPEN CONTAINER BEING PRIMA FACIE EVIDENCE
OF CONSUMPTION; REPEALING ALL ORDINANCES OR
PARTS OF ORDINANCES IN CONFLICT HEREWITH;
PROVIDING A SAVING CLAUSE; PROVIDING A PENALTY
CLAUS E.
WHEREAS, the City Administration has recommended that
possession of any open container of alcoholic beverages be con-
sidered prima facie evidence of consumption; and
WHEREAS, the City Council of the City of Delray Beach,
Florida, concurs in said recommendation;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRA¥ BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the Code of the City of Delray Beach,
Florida, as amended, be further amended by amending Section 4-6
of Chapter 4 "Alcoholic Beverages" to read as follows:
Sec. 4-6 Consumption of alcoholic beverages on sidewalks,
in public parks, etc.
No alcoholic beverages shall be consumed on the sidewalks,
or on the public beach, or in public parks, or in motor vehicles
or trailers er-i~ any manner which is visible from a public
street in a commercially zoned district. It shall be prima facie
evidence that alcohol was beinq consumed by any person in ~osses-
sion of an open container containinq alcoholic beveraqes while on
the sidewalks, or on the public beach, or in public parks, or in
motor vehicles or trailers which is visible from a public street
in a commercially zoned district.
SECTION 2. That any person who violates the provisions of
Section 1 above, shall, upon conviction, be punished as provided in
Section 1-6 of the Code of Ordinances of the City of Delray Beach.
SECTION 3. That all ordinances or parts of ordinances in
conflict herewith be and the same are hereby repealed.
SECTION 4. That should any section or provision of this or-
dinance or any portion thereof, any paragraph, sentence or word
be declared by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of the remainder
hereof as a whole or part thereof other than the part declared
to be invalid.
PASSED AND ADOPTED in regular session on second and final
reading on this the 22nd day of October , 1973.
ATTEST:
City Cle~
First Reading October 8, 1973.
Second Reading. October 22, 1973.
-2-
Ord. No. 30-73.
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA ~
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ....~..~.../~.....L...,......~...o...o...d...~.../'. .................
who on oath says that he/s~[~ is ...... P...~..b..~.J~.~h~ ................................. of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being a II...~).l~.d...C~p~i~)/1...~.~.0~.7..3. ......
in the matter of ............................................................................................................................................
in the ...................................................................... Court, was published in said newspaper in the
~.e~ of ........................ 0.c.t ~bex.~..4.,....19.7.3 .................................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has
heretofore been continuously published in said Palm Beach County, Florida, each week and
lass been entered as second class mail matter at the post office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for puJ~ation in the ~ ne~paper.
............// ....... .......... ....
/ Stella L. S[yde,~
NOTARY PUBlIC STATE OF FLORIDA AT tAROt
MY COMMISSION EXPIRES MAR. 19, 1976
Bg)NrJED THRU GENERA[ tN~'3RANCE UNDr-RWRITER$
DELRAY BEACH NEWS-JOURNAL
Published Weekly
Delray Beach, Palm Beach County, Flor/da
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared ....~./tX.~...L.,.....~...O..O..C},~.~. ...............
who on oath says that he/~l~ is .... .?...~....~..i.~.h.~X ................................... of The Delray Beach
News-Journal, a weekly newspaper published at Delray Beach in Palm Beach County, Flor-
ida; that the attached copy of advertisement, being an...Ord...Capti, on....~3D..-..73 .......
in the matter of ...~e...n....d.~.~g....c.hap.t.ez....&....'.ALcoko.lic...~.e.¥.ez.a.g. ea..'. .......
in the ...................................................................... Court, was published in said newspaper in the
~ue~ of ................. ..S..ep...t.e~.ez....27.,....197.3 ...............................................................................
Affiant further says that the said Delray Beach News-Journal is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper
heretofore been continuously published in said Palm Beach County, Florida, each week and
has been entered as second class marl matter at the post office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next preceding the first publication
of the attached copy of advertisement; and affiant further says that he has neither paid
nor promised any person, firm or corporation any discount, rebate, commission or refund
for the purpose of securing this advertisement for publi~Aion in the sai~ nel~paper.
.......... .....
Sworn to and subscribed before me this .... .2....7...~.~. ..... day o~ ...0..o.~.o...~...e..l'.. ....... ,~4,.D. 19.7..~.
:~ Stella L; Sn3/der
NOI'AI~Y PUgUC STATE O~ Re. IDA AT
MY COMM!$SION EXPI~C-$ MAI~. 19, 1976
BONDrD THRU ~FI'~ERAL IFff:/J~^lqCE UNO'r~'~