For purposes of this chapter, the following words or phrases
shall have the following meanings, unless the context requires or
indicates a different meaning:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and
every liquid or solid, containing alcohol, spirits or beer and capable
of being consumed by a human being.
CONTAINER
Any glass, bottle, can, keg or other receptacle suitable
for, or used to hold, any alcoholic beverage.
OPEN
When used in connection with a container, any container which
has been perforated or tapped, or on which the cap has been loosened
or the cork displaced.
POSSESSION WITH INTENT TO CONSUME
Having in one's possession or control an alcoholic beverage
in a glass, open bottle, open can, tapped keg or other open container
so as to permit consumption by the person in possession thereof, or
another person, having the purpose of consuming such alcoholic beverage
in a public place.
PUBLIC PLACE
Any highway, street, sidewalk, park, parking lot, recreation
area or Village building or any other property owned, operated or
maintained by the Village or other municipality within the Village.
It shall be a violation of this chapter for any person to:
A. Drink, or otherwise consume, any alcoholic beverage while such person
is in a public place.
B. To carry or have in his possession in a public place any open container
containing an alcoholic beverage with the intent of the possessor
or another to consume the same.
[Amended 7-3-2007 by L.L. No. 1-2007]
The foregoing prohibitions shall not apply in the following
circumstances: to any person of legal drinking age, attending and
while in actual lawful attendance at a fair, picnic, block party,
dance, social function or other community gathering held in or upon
public places for which gathering or function special permission has
been previously granted by the Village Board of Trustees, in accordance
with the provisions of this chapter. Special permission may be granted
by the Board of Trustees to any person, group of persons, organization,
association or other responsible and identifiable party or parties.
In order to protect the interests of the Village, the Board of Trustees
reserves to itself the power to impose any conditions, limitations
or other terms or provisions as it deems necessary upon said special
permission.
Any person violating any provision of this chapter shall be
liable for a fine not to exceed $250 for each offense or by imprisonment
not exceeding 15 days, or both.