§ 110.03 USE OF ALCOHOLIC BEVERAGES IN PUBLIC AREAS.
   (A)   All public parking lots in the city, owned by the city or its agents or agencies, shall be closed to the public from 10:00 p.m. to 5:00 a.m. or as directed by the Board of Public Works and Safety.
   (B)   No person shall consume or possess any alcoholic beverages while present in the city parking lots or other public areas, except those persons who are over the age of majority may possess alcoholic beverages in their vehicles while the vehicles are being parked in the parking lot for the purpose of storing the vehicle while using the downtown area of the city.
   (C)   No person shall consume alcoholic beverages on any of the public property belonging to the city, or public thoroughfares through the city, including sidewalks, streets, and other areas owned or maintained by the city, and sidewalks, streets, and other areas maintained by other persons or their agents for public use.
   (D)   Division (C) above, shall not apply to any recognized participant of a special event authorized by the city Board of Public Works and Safety.
      (1)   Any person requesting the Board of Public Works designate an event a “special event” must submit a written application to the Board of Public Works and Safety.
      (2)   The written application must include:
         (a)   The date, time and location of the special event;
         (b)   Copies of any and all alcohol permits obtained and to be used during the special event; and
         (c)   A written release, indemnifying the city from any and all liability in connection with the special event, signed by the applicant.
      (3)   The Board of Public Works and Safety shall designate, as part of the approval of the application, a particular area exempt from division (C).
      (4)   The Board of Public Works and Safety may not designate any city-sponsored event as a special event for the purposes of this section.
      (5)   Nothing in this section shall preempt the laws of the State of Indiana, including but not limited to IC 7.1-5-1-3 (public intoxication) and IC 7.1-5-7-7 (minor in possession of alcohol), as amended from time to time.
      (6)   The Board of Public Works and Safety or the city Chief of Police (including his or her designee) shall have the discretion to revoke any special event designation.
   (E)   Any person, other than city maintenance or police personnel, who are present in the public parking lots after the hours listed in division (A) above, shall be in violation of division (A) above. A violation of division (A) shall be punishable by a fine of not less than $25 nor more than $500, plus court costs. A violation of division (B) or (C) above shall be punishable by a fine of not less than $100 nor more than $500.
(Ord. 885, passed 9-18-78; Am. Ord. 1098, passed 6-1-87; Am. Ord. 1725, passed 6-7-21)