(A) Definitions.
(1) The following definitions shall apply to this section as written unless context indicates or requires a different meaning.
ALCOHOLIC BEVERAGE. As used in this section, alcoholic beverages has the meanings set forth in I.C. 7.1-1-3-5 which said code provision provides the term alcoholic means a liquid or solid that:
1. Is, or contains, 0.5% or more alcohol by volume;
2. Is fit for human consumption; and
3. Is reasonably likely or intended to be used as a beverage.
CONTAINER. As used in this chapter “container” has the meaning set forth in I.C. 7.1-1-3-13 said code section provides that the term CONTAINER means a receptacle in which an alcoholic beverage is immediately contained and with which the alcoholic beverage contained in it is in immediate contact.
PUBLIC PLACE. Any property operated by or governed by a political subdivision which is generally a common area and which is permitted for the public to travel over and includes but is not limited to streets, roads, sidewalks, parks, and other areas of travel.
(2) This section does not apply to public places such as restaurants, bars, and other commercial and retail establishments were alcohol beverages are sold and consumed by the public.
(B) It is unlawful for any person to possess a container with an alcoholic beverage within a public place within the town.
(C) (1) Upon determination by an officer that a person is in violation of this prohibition of having an open container of alcoholic beverages within a public place in the town, the officer may take the following actions:
(a) The officer may order the person possession said substance to immediately dispose of the alcoholic beverage in said container.
(b) Issues a citation in the amount of $100 per violation.
(2) Payment of such fine shall be paid to the Town Clerk/Treasurer within 30 days of the violation being issued. The town may enforce the collection of such fines through any court of competent jurisdiction and may seek a judgment against the violator.
(D) In the event enforcement action is required in order to collect the fine and or obtain a judgment, the violator shall also be subject to reasonable attorney fees and costs of collection.
(Ord. 2011-005, passed 6-14-2011)
Cross-reference:
Alcoholic beverages prohibited in park, § 94.01