[HISTORY: Adopted by the Mayor and Council of the Town of Snow Hill 11-14-2000 by Ord. No. 2000-8. Amendments noted where applicable.]
Editor's Note: This ordinance also repealed former Ch. 119, Nuisances, adopted 11-12-1991 by Ord. No. 1991-5.
It shall be unlawful for any person to consume or possess any open container of intoxicating beverages in or on any public place in the Town or while occupying any vehicle in any of the areas herein mentioned.
It shall be unlawful for any person to urinate, defecate or expose their breasts, genitals, or buttocks, for any purpose in or on any street, sidewalk, park, other public place; or within the public view anywhere else in the Town limits.
As used in this chapter, the following terms shall have the meanings indicated:
- To drink by any means.
- INTOXICATING BEVERAGE
- Any alcohol, brandy, whiskey, rum, gin, cordial, beer, ale, porter, stout, wine, cider, and any other spirituous, vinous, malt or fermented liquor, or compound, by whatever name called, which contains 1/2 of 1% or more of alcohol by volume, as defined in Article 2B of the Annotated Coe of Maryland, as amended from time to time.
- OPEN CONTAINER
- Any intoxicating beverage which has had its cap, cork, lid, tab or top unsealed or removed, whether or not its cap, cork, lid, tab or top has been temporarily replaced on the container.
- The actual physical grasping, touching or carrying of the intoxicating beverage by hand or other means or in any pocket, garment, bag or container carried or worn by the person. It shall include the constructive possession of tile intoxicating beverage when the container is located within the immediate reach or grasp of the person.
- A. Includes the quasi-public area in front of, adjacent to, or in any store, shop, restaurant, luncheonette or any other place of business where the general public is invited and shall include also any parking lot or other private property not owned or under the dominion of the person charged with a violation of this chapter; and
- B. All publicly owned or operated buildings and grounds; any street, highway, alley, or sidewalk, except municipal parks or other areas which are the subject of other ordinances which govern the use of the activities which may take place within such areas.
- C. Nothing in this section shall prohibit the on-site consumption or possession of intoxicating beverages in any business which maintains a valid on-site consumption alcoholic beverage license, provided that the consumption or possession occurs within the areas permitted by the license.
The Town Police Department or any authorized peace officer shall enforce this chapter.
Any person who shall violate the provisions of this chapter shall be deemed guilty of a misdemeanor and shall be punishable by a fine up to $250 and/or up to 30 days' imprisonment for the first offense and up to a $500 fine and/or 90 days' imprisonment for any subsequent offense, plus court costs.