The following words, as used in this chapter, unless the context
otherwise requires, shall have the following meanings:
BEACH
Any beach under the care and control of the town and beaches
within the limits of the town to which the public has a right of access.
PARKS
Any public park under the care and control of the town.
PLAYGROUND
Any playground under the care and control of the town.
PRIVATE PARKING AREA
Any private parking area throughout the town to which the
public has the general right of access.
PUBLIC WAYS
All ways to which the public has the right of access.
TOWN FOREST
Any town forest under the care and control of the town.
No person shall drink or consume alcoholic beverages as defined in MGL c. 138, § 1 while on, in or upon the public ways and places set forth in §
96-1 above, whether in or upon a vehicle, motor vehicle or on foot, or place to which members of the public have access as invitees or licensees or park, town forest, public parking areas or playgrounds, or any beach within the limits of the town to which the public has a right of access, or private land or place without the consent of the owner or person in control.
Possession of an open can, bottle or other container which upon
analysis by the Department of Public Health, is determined to contain
an alcoholic beverage as defined in MGL c. 138, § 1, shall
be prima facie evidence of drinking or consuming said alcoholic beverage.
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.
A Police Officer may arrest without a warrant anyone who violates
this chapter. Whoever violates any provisions of this chapter shall
be liable to a penalty of not more than $50 for each violation. [NOTE:
In his letter approving this bylaw the Attorney General stated: "Any
arrest power exercised (under this bylaw) should be restricted to
common law rights of arrest."]