(A) It shall be unlawful to possess or consume any intoxicating beverage in any town park.
(2013 Code, Title VII, Ch. 3, § 1)
(B) It shall be unlawful to sell, offer for sale, barter or change any intoxicating beverage in any town park.
(2013 Code, Title VII, Ch. 3, § 2)
(C) The term INTOXICATING BEVERAGE, as used in this section, shall be construed to mean and include any liquid intended for human consumption containing more than 1% of volume of alcohol.
(2013 Code, Title VII, Ch. 3, § 3)
(D) This section is enacted pursuant to the provisions of I.C. 36-1-6-1 et seq. and I.C. 34-28-5-1 et seq., as well as any and all other applicable statutes with respect to the control and regulation of the use of alcoholic beverages within the municipal corporations of the state.
(2013 Code, Title VII, Ch. 3, § 4)
(E) (1) Whenever the Town Marshal or his or her deputies believes in good faith that a person has violated this section, he or she may detain that person for a time sufficient to:
(a) Inform the person of the allegation; and
(b) Obtain the person’s name, address and date of birth; or the person’s driver’s license, if in his or her possession; and allow the person to execute a notice to appear.
(2) The Town Marshal or his or her Deputies may offer the violator an opportunity to sign a notice to appear in County Court at a time specified to answer the charge; a person charged with an ordinance violation shall give his or her written promise to appear in court to answer the charge, and if, after being informed of his or her duty to promise to appear and being warned of the consequences of his or her refusal to do so, if that person knowingly or intentionally refuses to provide either his or her name, address and date of birth; of if he or she refuses to give his or her driver’s license, if in his or her possession; to the Town Marshal or his or her Deputies, the person shall be deemed to have committed a Class C misdemeanor under the laws of the state.
(2013 Code, Title VII, Ch. 3, § 6)
(F) Whenever a person is charged with a violation of this section, the Town Marshal or his or her deputies shall prepare sufficient copies of the written notice to appear to provide one copy to each of the following persons: the person charged; the Clerk-Treasurer of the town; the County Court; and the Town Marshal. Each written notice to appear shall contain the following information:
(1) The name and address of the person charged;
(2) The ordinance violation charged;
(3) The time when and the place where the violation occurred; and
(4) The time when and the place where the person is required to appear in court.
(2013 Code, Title VII, Ch. 3, § 7)
(G) Any person receiving a written notice of violation pursuant to the provisions of this section, within 72 hours from the date of said violation, may appear at the office of the Clerk-Treasurer of the town at the Town Hall, and pay the prescribed penalty by depositing such amount along with the notice of violation with the Clerk-Treasurer, or such person within such time may mail such fine with the written notice to the Clerk-Treasurer of the town, P.O. Box 127, Topeka, Indiana, 46571. In the event that said 72-hour period shall expire on a Sunday or legal holiday, such violator shall have up to 4:00 p.m. on the next day following to pay said violation.
(2013 Code, Title VII, Ch. 3, § 8)
(Ord. III-B-1-a(1), passed - -) Penalty, see § 92.99