A. Possessing Or Discarding Open Containers: Any person who consumes beer, liquor or wine or has in his possession an open container containing beer, liquor or wine or who discards a beer, liquor or wine container on the streets of the city is guilty of a misdemeanor. (1975 Code § 9.28.010)
B. Public Intoxication 1 : A person commits the offense of public intoxication if he appears in a public place in a state of visible intoxication as a result of the use of alcohol or any dangerous drug and is:
1. Creating a risk to himself or others; or
2. Conducting himself in an offensive manner. (1975 Code § 9.28.020)
C. Restrictions On Open Containers In Williamson Park:
1. Restrictions: It is unlawful for any person or persons to possess or have in his or her immediate control any glass, cup, bottle, can, or other type of vessel which contains any alcoholic beverage in Williamson park after eleven o'clock (11:00) P.M.; provided, however, that this section only prohibits open alcoholic containers in Williamson park common areas after eleven o'clock (11:00) P.M. and does not restrict the right of any individual to possess or consume any alcoholic beverage at any time of the day or night in a tent, camper, or any other type of recreational vehicle designed to accommodate overnight stays.
2. Penalty: Any person or persons violating any of the provisions of this section, upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code. (1975 Code § 9.28.030; amd. 2008 Code)
Notes
| 1 | 1. For power to regulate, see MCA § 7-32-4302; for provisions regarding intoxicated pedestrians on public streets, see MCA § 61-8-508 and section 7-4-2 of this code. |