[HISTORY: Adopted by the Town Meeting of the Town of Templeton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-8-1976; amended 5-10-1986 (Art. XXV of the Bylaw Compilation)]
A. No person
shall drink any alcoholic beverages as defined in MGL c. 138, § 1,
nor shall have in his possession any open containers, or containers
whose seal has been broken and recapped of such beverages, while on,
in, or upon any public way or sidewalk, or upon any way to which the
public has a right of access or any place to which the members of
the public have access as invitees or licensees, park or playground,
or private land or place, without the consent of the owner or person
in control thereof. The burden of proving such consent shall be on
the defendant.
B. All alcoholic
beverages being used in violation of this bylaw shall be seized and
safely held until final adjudication of the charge against the person(s)
so arrested or summonsed before the court, at which time they shall
be disposed of as directed by the court. The penalty for violation
of this bylaw shall not exceed $50 for each offense.
[Added 5-15-2019 ATM by Art. 9]
A. No person
shall, upon any way or in any place to which the public has a right
of access, or upon any way or in any place to which members of the
public have access as invitees or licensees, possess an open container
of alcohol in the passenger area of any motor vehicle.
B. A person
who violates this section shall be punished by a civil penalty of
$300.
[Amended 11-20-2019 STM
by Art. 4]
C. For purposes
of this section, "open container" shall mean that the package containing
alcohol has its seal broken or from which the contents have been partially
consumed, and "passenger area" shall mean the area designated to seat
the driver and passengers while the motor vehicle is in operation
and any area that is readily accessible to the driver or passenger
while in a seated position; provided, however, that the passenger
area shall not include a motor vehicle's trunk, locked glove compartment
or the living quarters of a house coach or house trailer, or if a
motor vehicle is not equipped with a trunk, the area behind the last
upright seat or an area not normally occupied by the driver or passenger.