[HISTORY: Adopted by the Mayor and Council
of the Town of Elsmere as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-4-1952 by Ord. No. 46]
A.
It shall be unlawful for any person to drink or offer
to another a drink of any alcoholic liquor on any street, sidewalk
or other exterior public place within the limits of the Town of Elsmere.
B.
It shall be unlawful for any person, while trespassing
upon the exterior portion of any private property within the limits
of the Town of Elsmere, to drink or offer to another a drink of alcoholic
liquor.
The aforesaid prohibitions shall apply both
to pedestrians and to persons riding in vehicles, whether moving or
standing still.
The term "alcoholic liquor" as used herein shall
be defined as in the Liquor Control Act of the State of Delaware.[1]
[1]
Editor's Note: See 4 Del. C. § 101
et seq.
A.
Arrests for violation of this article may be made
upon lawful warrant as in other cases; provided that any peace officer
may arrest without warrant upon actual view of the offense when committed,
or upon fresh pursuit following such view.
B.
Persons convicted of a violation of this article shall
be punished by a fine of not more than $25 or, in default of payment
of such fine, by imprisonment for a period of not more than 30 days.
[Amended 9-18-2003 by Ord. No. 420]