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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2001-023October 4, 2001 — Temp Ord #1944 1 Revision No. 1 — October 11, 2001 1 CITY OF TAMARAC, FLORIDA 7?-m ORDINANCE NO. 0-2001-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 3 ENTITLED, "ALCOHOLIC BEVERAGES", SECTION 3-1 ENTITLED, "CONSUMPTION ON STREETS OR IN PUBLIC PLACES", RELATING TO THE DEFINITION FOR ALCOHOLIC BEVERAGE, OF THE CITY OF TAMARAC'S CODE OF ORDINANCES IN ORDER TO BE CONSISTENT WITH THE MOST RECENT STATUTES OF THE STATE OF FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Clerk's office received a legal review of the City's Charter and 1989 Code of Ordinances, as supplemented through Ordinance No. 0-2000-22, by the Municipal Code Corporation (MCC) in a memorandum dated September 8, 2000; and WHEREAS, such review cited several sections that need to be repealed, amended or clarified due to conflicts with, or changes in State statutes or County ordinances; and WHEREAS, the City Commission of the City of Tamarac, Florida desires to update the City Code to reflect changes adopted by the Florida Legislature and/or Broward County Board of County Commissioners and cited by the Municipal Code Corporation (MCC); and CODING: Words in laugh type are deletions from existing law; Words in underscored type are additions. October 4, 2001 — Temp Ord #1944 1 Revision No. 1 — October 11, 2001 7 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2001-23 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER 3 ENTITLED, "ALCOHOLIC BEVERAGES", SECTION 3-1 ENTITLED, "CONSUMPTION ON STREETS OR IN PUBLIC PLACES", RELATING TO THE DEFINITION FOR ALCOHOLIC BEVERAGE, OF THE CITY OF TAMARAC'S CODE OF ORDINANCES IN ORDER TO BE CONSISTENT WITH THE MOST RECENT STATUTES OF THE STATE OF FLORIDA; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Clerk's office received a legal review of the City's Charter and 1989 Code of Ordinances, as supplemented through Ordinance No. 0-2000-22, by the Municipal Code Corporation (MCC) in a memorandum dated September 8, 2000; and WHEREAS, such review cited several sections that need to be repealed, amended or clarified due to conflicts with, or changes in State statutes or County ordinances; and WHEREAS, the City Commission of the City of Tamarac, Florida desires to update the City Code to reflect changes adopted by the Florida Legislature and/or Broward County Board of County Commissioners and cited by the Municipal Code Corporation (MCC); and CODING: Words in StFUGk thmuqI4 type are deletions from existing law; Words in underscored type are additions. October 4, 2001 — Temp Ord #1944 2 Revision No. 1 — October 11, 2001 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interests of the citizens and residents of the City of Tamarac to amend Chapter 3 entitled "Alcoholic Beverages", Section 3-1 entitled, "Consumption on streets or in public places", as it relates to the definition for alcoholic beverage, of the City of Tamarac's Code of Ordinances in order to be consistent with the most recent statutes of the State of Florida. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Ordinance upon adoption hereof. SECTION 2: Chapter 3 entitled "Alcoholic Beverages", Section 3-1 entitled, "Consumption on streets or in public places", as it relates to the definition for alcoholic beverage is hereby amended: Sec. 3-1. Consumption on streets or in public places. (a) Definitions. As used in this section: (1) Alcoholic beverage means any beverage which contains Mara than OR@ (1 one-half of 1 percent or more alcohol by weight volume. CODING: Words in stFuGk thFeugh type are deletions from existing law; Words in underscored type are additions. October 4, 2001 — Temp Ord #1944 3 Revision No. 1 — October 11, 2001 1 SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 4: All Ordinances or parts of Ordinances, and all Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. CODING: Words in 6461Gk thewgI4 type are deletions from existing law; Words in underscored type are additions. October 4, 2001 — Temp Ord #1944 4 Revision No. 1 — October 11, 2001 SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 24t" day of October, 2001. PASSED, SECOND READING this 14th day of November, 2001. __ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOUTION as to form. MITCHELL°3'KF CITY ATTORN com mdev\u:\pats\userdata\wpdata\ 1944ord Len JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A e. A el DIST 1: COMM. PORTNER A e.1 Ave. DIST 2: COMM. MISHKIN A e, e. DIST 3: V/M SULTANOF A M Ave, DIST 4: COMM. ROBERTS Aver Ave, 1-1 CODING: Words in StrWGk thr$ugI4 type are deletions from existing law; Words in underscored type are additions.