[HISTORY: Adopted by the Board of Trustees of the Village
of Lancaster 4-28-1980 by L.L. No. 8-1980 (Ch. 110 of the 1976
Code). Amendments noted where applicable.]
For the purpose of this chapter, the terms used herein are defined
as follows:
- ALCOHOLIC BEVERAGES
- Any liquid intended for human consumption containing more than 1/2% of 1% by volume of alcohol.[1]
- PUBLIC PROPERTY
- Property which is owned, operated, maintained, and/or controlled
by the Village. Examples of public property include, but are not limited
to, parking lots, streets including rights-of-way, sidewalks and parks.[Amended 9-28-2020 by L.L. No. 6-2020]
[1]
Editor's Note: The former definition of "event," which immediately
followed this definition, was repealed 9-28-2020 by L.L. No. 6-2020.
[Amended 9-28-2020 by L.L. No. 6-2020]
A.
Unless such is permitted pursuant to Chapter 285, Special Events, no person shall consume alcoholic beverages or shall have an open container containing any alcoholic beverage in his possession with the intent to consume the same upon any public property in the Village of Lancaster.
B.
Intent to consume may be established by circumstances evincing a
possessor's intent to consume an alcoholic beverage upon public property
including but not limited to drinking from an open container or alcohol
on the breath.
If any provision of this chapter is inconsistent with any federal
or state statute, law, rule or regulation, then such statute, law,
rule or regulation shall prevail.
A violation of any provision of this chapter shall constitute
an offense punishable by a fine not to exceed $250 or by imprisonment
for a term not to exceed 15 days, or both. Each violation of this
chapter shall be deemed a separate violation.