[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973
as Ch. 4 of the 1973 Code. Amendments noted where applicable.]
[Added 7-7-1983; amended 8-7-1997]
A.
No person shall consume liquor, beer, wine or other alcoholic
beverage while such person is on any public highway, public street, public
sidewalk, public parking area or in any vehicle or public place, excepting
those premises duly licensed for sale and consumption of alcoholic beverages
on the premises.
B.
An open bottle or open container containing liquor, beer,
wine or other alcoholic beverage in the possession of any person or in any
vehicle shall create a rebuttable presumption that the same is being consumed
by such person or by all the occupants of such vehicle and in violation hereof.
C.
The penalty for first violation of this section, upon
conviction thereof, shall be a fine of not more than $100 or imprisonment
of not more than 10 days, or both. The penalty for subsequent violations of
this section, upon conviction thereof, shall be a fine of not more than $250
or imprisonment of not more than 15 days, or both, for each such violation.
A.
This section shall be deemed an exercise of the police
power of the City, for the protection of the welfare, health, peace and morals
of the people of the City, and all of its provisions shall be liberally construed
for the accomplishment of that purpose.
B.
It shall be unlawful for any person, operating or conducting
any public inn, tavern, hotel, restaurant, or dance hall in the City, in which
wine, beer, and/or intoxicating liquors are sold, to permit any vocal, instrumental,
or theatrical performance or athletic exhibition to be given or presented
in such public inn, tavern, hotel, restaurant, or dance hall, or in any place
operated or connected therewith, unless permission, in writing, is first obtained
from the Chief of Police of the City.
C.
The violation of this section or of any of the provisions
thereof shall be considered a misdemeanor, punishable by a fine of not less
than $50 nor more than $1,000 or by imprisonment in the county jail for a
period not to exceed one year, or by both such fine and imprisonment.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. I, General
Provisions, Art. I).
[Added 6-4-1987]
No person shall transport into or have in his possession any bottle
or container containing liquor, beer, wine or other alcoholic beverage while
such person is in any public park owned, operated or maintained by the City
without obtaining consent from the Chief of Police and Commissioner of Recreation.
