[HISTORY: Adopted by the Board of Trustees of the Village of Athens 8-8-1985 by L.L. No. 1-1985 (Ch. 6 of the 1976 Code). Amendments noted where applicable.]
It is the considered opinion and finding of the Village Board of Trustees that:
Public intoxication gives rise to vandalism, littering, brawling, vulgar and abusive language and gestures, and public disorder, annoyance, inconvenience and alarm, all of which constitute a threat to the quality, peaceableness and security of life and property in the Village of Athens.
The prevention of public intoxication is a proper and valid exercise of the police power of the Village Board of Trustees.
The possession of open or unsealed containers of alcoholic beverages in a public place, with the intent of the possessor or another person to consume the same, is a direct cause of public intoxication.
Prohibition of the possession of open or unseated containers of alcoholic beverages in a public place, with said intent to consume, is an effective method of controlling or preventing public intoxication and is a reasonable, necessary and important method of achieving that goal.
No person shall, while in a public place, possess any open or unsealed bottle, can or other container of liquor, beer, wine or other alcoholic beverage, with the intent of the possessor or another person to consume such alcoholic beverage.
As used in this chapter, the following terms shall have the meanings indicated:
- PUBLIC PLACE
- Any highway, street, alley, park, playground, sidewalk, parking lot, building or any other area located within the Village of Athens, which is open to the public. "Public place" does not include the interior of a building duly licensed for sale and consumption of alcoholic beverages on the premises.
For purposes of this chapter, it shall be a rebuttable presumption that possession of an open container of alcoholic beverage in a public place is with the intent of the possessor or another person to consume the contents thereof.
The Village Board of Trustees by resolution may from time to time designate an area exempt from the prohibition set forth at § 103-2 above for celebrations, parades, festivals and other special events.
Any person violating any provision of this chapter shall be punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both fine and imprisonment.