The Village Board of the Village of the Branch hereby declares
and finds it to be in the public interest to provide for the regulation
of certain conduct in public places within the Village of the Branch
by prohibiting the possession of open containers of alcoholic beverages
by persons on public premises, except as permitted herein. The Village
Board finds that possession of an open container of an alcoholic beverage
in a public place within the Village has led to consumption of the
same resulting in public intoxication, disorderly conduct, disturbances
of the public peace, littering of public places and destruction of
property. The Village Board finds further that prevention of conditions
which lead to conduct disturbing the public peace attributable to
consumption of alcoholic beverages can be accomplished by the prohibition
of consumption of alcoholic beverages in public places and by restricting
the possession of an open or unsealed container of an alcoholic beverage
under circumstances which indicate that the possessor of such open
or unsealed container in a public place intends to consume the same
or intends to have it consumed by another person.
The following terms used in this chapter 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, patented or not, containing alcohol, spirits or beer
and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
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.
VILLAGE
The Incorporated Village of the Branch.
It shall be a violation of this chapter for any person to:
A. Consume any alcoholic beverage in any public place within the Village.
B. Have in his/her possession an open or unsealed container of an alcoholic
beverage while in any public place for the purpose of consuming such
alcoholic beverage by himself or by another in any public place.
This chapter shall not apply to individuals or organizations
desiring to distribute or consume alcoholic beverages in public places,
provided that written permission is obtained in advance from the property
owner and the Village Board of the Village of the Branch. Such permission
may be conditioned upon such terms as the Village Board, in its discretion,
may impose.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each violation of this chapter shall be punishable by a fine
not to exceed $500 for each offense or by imprisonment not exceeding
15 days, or by both such fine and imprisonment.