[HISTORY: Adopted by the City Council of the City of Marlborough 12-30-1974 by Ord. No. 14278 (Ch. 50 of the 1986 Code). Amendments noted where applicable.]
No person shall drink, consume or possess an open bottle, can or container of any intoxicating liquor or alcoholic beverage as defined in MGL c. 138, § 1, while in or upon public parks, playgrounds, recreation or conservation areas, public buildings, public parking lots and public ways, private parking lots and private ways to which the public has access.
The prohibition shall apply in, on or outside of an automobile or other motor vehicle but shall not apply in or upon:
Any private parking lot and private way to which the public has access where prior consent has been obtained from the owner or authorized person in control thereof, and provided, further, that no disturbance or annoyance is created thereby.
Whoever remains in, on or upon any premises described herein, in willful violation of this chapter, may be arrested by a police officer without a warrant, in accordance with MGL c. 272, § 59.
[Amended 3-27-1989 by Ord. No. 88-2556A]
All alcoholic beverages or intoxicating liquors being used in violation of this chapter shall be seized and safely stored until final adjudication of the charge against the person or persons arrested, at which time they shall be returned to the person or persons entitled to lawful possession unless, as a result of said adjudication, such alcoholic beverages or intoxicating liquors are ordered confiscated or seized to be disposed of according to the General Laws or as the court directs.
Any person(s) seeking a permit under § 241-1B(2) shall make an application in writing to the Chief of Police. The application shall specify the name and address of the applicant(s), the date, hour and location, number and ages of persons and nature of the function associated with the proposed use.
Before the issuance of said permit, the person(s) seeking it shall certify to the Chief of Police that any other required municipal permits have been procured.
In the instance of a group or organization function, one permit may be issued to an officer or duly appointed representative of said group or organization in lieu of individual permits.
The Chief of Police or his duly authorized representative shall not be required to issue such permit if, in his opinion, after proper investigation, it appears that a public disturbance or annoyance may be created thereby or that the public welfare, convenience or necessity will not be subserved thereby.
There shall be a charge imposed of $2 for the issuance of such permits, payable to the City of Marlborough through the Chief of Police; such permit shall be in a form duly determined by the City of Marlborough.
A permit issued in accordance with the terms of this section shall be valid only for the date, time, place and individuals or groups set forth in the approved application.
Any permit issued under this section may be revoked by the Chief of Police without prior notice, if in his opinion there is probable cause to believe that a disturbance or other public nuisance may occur.
Anyone found guilty of a violation of § 241-1 shall be fined $50 for such violation.