[Adopted 3-5-1984 by L.L. No. 3-1984]
It is the purpose of this article to protect the public interest,
welfare, health and safety within the Village of Hilton by prohibiting
the consumption of alcoholic beverages in public places within the
Village. 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, disturbance of the public peace, littering of
the public places and destruction of property. The Village Board finds
further that preservation of the public health and 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 alcoholic beverages
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 article 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,
wine 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.
OPEN BOTTLE, CAN OR OTHER CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid, which has been uncapped, uncorked, the tab
removed or the top sliced, cut or broken, or its original condition
altered in such a way that the liquid can flow out of it.
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or Village
building.
It shall be a violation of this article for any person to:
A. Consume any alcoholic beverage in any public place within the Village.
B. Have in 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.
Each violation of this article shall be punishable by a fine
not exceeding $250 for each offense or by imprisonment not exceeding
15 days, or by both such fine and imprisonment.