No person shall drink or possess an open or
partially emptied container of any alcoholic beverages as defined
in MGL c. 138, § 1 while on, in or upon any public way or
upon any way to which the public has a right of access, or any place
to which members of the public have access as invitees or licensees,
or any park or playground, or any private land or place, without consent
of the owner or person in control thereof. All alcoholic beverages
being used in violation of this chapter shall be seized and safely
held until final adjudication of the charge against the person or
persons arrested or summoned before the court, at which time they
shall be returned to the person entitled to lawful possession.