[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.]
A.
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.
B.
The prohibition shall apply in, on or outside of an
automobile or other motor vehicle but shall not apply in or upon:
(1)
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.
C.
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]
D.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
