For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. Any beverage containing more than one-half of 1% of alcohol by weight. Proof that a beverage in question was contained in an opened bottle or can, labeled as beer, ale, malt liquor, malt beverage, wine, wine cooler or other similar name and that bears the manufacturer’s insignia, name or trademark shall be prima facie evidence that the beverage is an ALCOHOLIC BEVERAGE.
HIGHWAY. 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 county.
MOTOR VEHICLE. Any vehicle, as defined in Florida Statutes, that is self-propelled and every vehicle that is propelled by electric power, but not including any bicycle, moped, golf cart or lawnmower.
OPEN CONTAINER. Any bottle, can or other receptacle or container containing any alcoholic beverage or any mixture containing an alcoholic beverage, that has been opened or a seal broken, or the contents of which have been partially removed.
POSSESSION OF AN OPEN CONTAINER. The container is physically held by or readily accessible to a person by being within the person’s grasp or if the person is observed drinking from the 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 nonpassenger area of the vehicle as intended by the manufacturer. 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 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. 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.
(2000 Code, § 6-63) (Ord. 87-06, passed 1-26-1988)