[Adopted 4-28-1980 by Art. 42, approved 8-21-1980; readopted 5-14-2012 ATM by Art. 19, approved 10-11-2012]
No person shall drink any alcoholic beverages as defined in MGL c. 138, § 1, as amended, nor shall have in his possession any open container or containers whose seal has been broken and recapped of such beverages, while on, in, or upon any public way or sidewalk, or upon any way to which the public has right of access or any place to which the members of the public have access as invitees or licensees, park or playground, or private land or place, without the consent of the owner or person in control thereof. The burden of proving such consent shall be on the defendant.
All alcoholic beverages being used in violation of this bylaw shall be seized and safely held until final adjudication of the charges against the persons so arrested or summonsed before the court, at which time they shall be disposed of as directed by the court.
A police officer witnessing a violation of this bylaw shall have the right to arrest such person without a warrant and shall bring the person so arrested before the Court within 24 hours, Sundays and holidays excepted. The penalty for violation of this bylaw shall not exceed $50 for each offense.