City of Gainesville - File #: 100217.

• File #: 100217.
• Version: 3
• Name: OPEN CONTAINER VIOLATIONS (B)
• Type: Ordinance
• Status: Adopted
• File created: 2/3/2011
• In control: City Attorney
• Final action: 2/17/2011
• Title: OPEN CONTAINER VIOLATIONS (B) Ordinance No. 100217 An Ordinance of the City of Gainesville, Florida, amending section 4.4 relating to consumption, consumption and sale and possession of alcoholic beverages; providing that the open consumption and/or possession of an open container of any alcoholic beverage on certain designated public places and motor vehicles may be enforced by civil citation; amending section 2-239, adding open consumption and/or possession of an open container of any alcoholic beverage on certain designated public places and motor vehicles to codes that may be enforced by civil citations and designating class of offense and amount of penalty; providing directions to the codifier; providing for severability; providing a repealing clause; and providing an immediate effective date.

Date	Ver.	Action By	Action	Result
2/17/2011	3	City Commission	Adopted on Final Reading (Ordinance)	Pass
2/3/2011	3	City Commission	Adopted on First Reading, as amended (Ordinance)	Pass
1/6/2011	2	City Commission	Approved as Recommended	Pass
11/29/2010	1	Public Safety Committee
7/22/2010	0	City Commission	Referred	Pass

title
OPEN CONTAINER VIOLATIONS (B)

Ordinance No. 100217
An Ordinance of the City of Gainesville, Florida, amending section 4.4 relating to consumption, consumption and sale and possession of alcoholic beverages; providing that the open consumption and/or possession of an open container of any alcoholic beverage on certain designated public places and motor vehicles may be enforced by civil citation; amending section 2-239, adding open consumption and/or possession of an open container of any alcoholic beverage on certain designated public places and motor vehicles to codes that may be enforced by civil citations and designating class of offense and amount of penalty; providing directions to the codifier; providing for severability; providing a repealing clause; and providing an immediate effective date.

recommendation
The City Commission adopt the proposed ordinance.

explanation
PUBLIC SAFETY COMMITTEE REPORT

As part of the 2011-2012 biennial budget process, the City Manager presented several proposals recommended by the Employee Budget Strategy Team. The Team recommended changing the violation for open container from a criminal offense to a civil offense.

The Team proposed an ordinance similar to the current public urination ordinance which allows enforcement by civil citation. The Team also suggests that language from the Noise Ordinance be inserted to allow the enforcement by criminal citation when circumstances deem appropriate.

Currently, an individual charged with open container must be processed through the courts, pays a fine and/or perform community service and may serve time in jail. The offense results in a criminal record. Under this proposal, most offenders would be issued a civil citation, pay a fine and corresponding court costs and avoid criminal charges.

The Public Safety Committee voted 3-0 at its November 29, 2010 meeting to proceed to the City Commission to propose the changes in the ordinance.

In ad...