[HISTORY: Adopted by the Town Board of the
Town of Malta at time of adoption of Code 5-1-1995 by L.L. No. 2-1995
(see Ch. 1, General Provisions, Art. I). Amendments noted where applicable.]
No person shall have in his possession with
the intent to consume any open bottle or container containing liquor,
beer, wine or other alcoholic beverage while such person is on any
public highway, any public park, public street, public parking area
or in any vehicle or public place within the Town of Malta, except
those premises duly licensed for the sale and consumption of alcoholic
beverages on the premises, whatsoever in said Town.
An open bottle or open container in any vehicle
shall be presumptive evidence that the same is in possession with
the intent to consume of all the occupants thereof and in violation
hereof.
The foregoing restrictions shall not apply in
the event of a fair, picnic or other community gathering for which
special permission has been granted by the Town Board and/or for which
a special license has been issued by the Alcoholic Beverage Control
Board.
A violation of this chapter shall constitute
an offense punishable by a fine of not less than $25 and not more
than $250 and/or a term of imprisonment for not more than 15 days,
or both.
[Added 3-3-1997 by L.L. No. 2-1997]
Anyone prosecuted in the Town Court for an alcohol-
or drug-related driving offense shall reimburse the Town for any blood
test expenses the Town incurs with regard to such person within 30
days of such testing.
