(A) Intoxication. It shall be unlawful for any person willfully to be in any public place, including places of business to which the public is invited, or on any private premises of another, without the express or implied permission of the owner or other person in charge of such premises, while under the influence of any intoxicating liquors, narcotic drugs, barbiturates, paraldehyde, herbs, or any other substance of like character, whether synthetic or natural, to the extent that such person's physical or mental faculties are appreciably affected thereby. A person convicted of violating this sub-section shall be fined not more than $500 or imprisoned for not more than 30 days.
(B) Possession or consumption of alcoholic beverages on public properly. Except as expressly provided in this subchapter, it shall be unlawful for any person to consume, or to possess in an open container, any alcoholic beverage in or on any public street, road, alley, sidewalk, tree zone, parking lot, or park within the town, except that this sub-section shall not apply to the following areas:
(1) Any portion of a public sidewalk covered by an encroachment ordinance permitting use of the sidewalk by a restaurant or other public accommodation licensed to sell beer, wine or other alcoholic beverages for on-premises consumption; and
(2) Any public park, street, road, alley, sidewalk, tree zone, parking lot, or any portion thereof, designated in a resolution of the Town Council as the site of a public festival or other special event at which alcoholic beverages may be consumed. A person convicted of violating this section shall be fined not more than $50 or imprisoned for not more than 2 days.
(C) Definitions. As used in this section, the following terms shall have the meanings specified in this division:
(1) ALCOHOLIC BEVERAGE. Any beverage containing more than 1% ethyl alcohol by volume.
(2) OPEN CONTAINER. A cup, glass, mug or other similar container, and also any bottle, can, flask or other similar container to which a top or cork is not securely affixed.
(3) PARKING LOT. Any parking lot owned and operated by the town.
(4) STREET and ROAD. Only the paved portions of a public right-of-way that are suitable for vehicular traffic or parking.
(5) TREE ZONE. A strip of land between a public street or road and an adjacent sidewalk parallel thereto.
(Am. Ord. passed 6-16-2009)