[HISTORY: Adopted by the Town Meeting of the Town of Marblehead as
indicated in article histories. Amendments noted where applicable.]
[Adopted 3-13-1962 TM by Art. 37;
amended 3-14-1972 ATM by Art. 30; 3-14-1974 ATM by Art. 85]
No person shall drink or bring for drinking alcoholic beverages as defined
by Chapter 138 of the General Laws at any time onto or within any public park,
playground, cemetery, public common, recreation area, public building, or
other public property, except as authorized by law and with the approval of
the board, commission, committee or other public offices having control of
said property. No person shall drink any alcoholic beverage, as defined above,
while in or upon any public way, or any way to which the public has a right
of access or any place to which members of the public have access as invitees
or licensees without consent of the owner or person in control thereof.
Whoever violates any provision of this By-Law shall be liable to a penalty
not exceeding $50 for each offense.
[Adopted 5-1-1995 ATM by Art. 43]
A.
Whoever, having care, custody, or control over a person
under the age of 18 fails to prevent that minor from being in a place where
alcohol or an alcoholic beverage is being transported in violation of MGL
c. 138, § 34C, shall be punished by a fine of $25.
B.
Whoever, having care, custody, or control over a person
under the age of 18 fails to prevent that minor from being in a vehicle where
alcohol or an alcoholic beverage is being transported in violation of MGL
c. 138, § 34C, shall be punished by a fine of $50.
C.
Whoever, having care, custody, or control over a person
under the age of 18 fails to prevent that minor from transporting alcohol
or an alcoholic beverage in violation of MGL c. 138, § 34C, shall
be punished by a fine of $50, unless such violation occurs in a motor vehicle.
D.
Whoever, having care, custody, or control over a person
under the age 18 fails to prevent that minor from transporting alcohol or
an alcoholic beverage in violation of MGL c. 138, § 34C, while in
a motor vehicle shall be punished by a fine of $75.
Whoever, having control of any residential premises, fails to keep a
person under the age of 18 from using or possessing any alcohol or alcoholic
beverages on said premises shall be punished by a fine of $150. The use of
alcohol for religious purposes shall not be prohibited by this ordinance.
There shall be only one violation regardless of the number of minors present.
Any tenant who occupies a premises shall be presumed to be in control of same.
It shall not constitute a defense under this By-Law that the defendant
lacked knowledge of the violation.
Enforcement of this By-Law shall be by the Police Department, office
of the Harbormaster, and any special police with the powers of arrest.
Any person taking cognizance of a violation of this By-Law shall give
the offender written notice of the violation pursuant to MGL c. 40, § 21D.
Procedures shall be governed in accordance with that statute.
The Town Clerk shall keep a record of persons who have violated this
By-Law, which record shall be open for public inspection. All monies collected
as fines shall be reported to the Board of Selectmen. The Board, after having
allocated funds for the enforcement of this ordinance, shall distribute the
balance of funds for the purpose of the prevention of alcohol use by minors.
The provisions of this By-Law are intended to supplement and not supersede
applicable provisions of state criminal law.
The provisions of this By-Law shall be deemed severable, and if any
part of the By-Law shall be adjudged unconstitutional or invalid, such judgment
shall not affect other valid parts thereof.
