(A) The Board of Commissioners finds as a fact that possession and consumption of intoxicating liquors as herein defined on property used for parks and recreation purposes is detrimental to the health, welfare and safety of the citizens and residents of the town, and due to the unsanitary conditions and adverse effect upon the youth of the town created thereby, is hereby declared to be a nuisance. Further, it shall be unlawful for any person to possess or consume any intoxicating liquor on any premises either owned or occupied by the Town as a park or recreation area. For the purposes of this division (A), the phrase INTOXICATING LIQUOR shall be construed to include alcohol, brandy, whiskey, rum, gin, vodka, beer, ale, port and wine, and any spirituous, vinous, malt or fermented beverages, liquid and compounds, whether medicated, proprietary, patented or not, and by whatever name called, containing 0.5% or more of alcohol by volume, which are fit for use for beverage purposes.
(B) For purposes of this section of the ordinance, BEER shall have the same meaning as the term MALT BEVERAGE, as defined by G.S. Chapter 18B, and WINE shall have the same meaning as the term UNFORTIFIED WINE, as defined by G.S. Chapter 18B. OPEN CONTAINER is defined as a container that has a broken seal or a container other than the manufacturer’s unopened original container.
(C) Any person having a container within one’s immediate reach or control, such as at a bench, picnic table, blanket or motor vehicle where that person is sitting, within a town park or recreation area or on a road or street used as an access road to such park or recreation area, may be considered to be in possession of the container for the purposes of this section.
(D) Possession for sale or distribution or use or consumption of narcotics or drugs made illegal by the laws of the state shall be prohibited in any town park or recreation area or access road or street providing access to and from said park or area.
(Ord. passed - -2004) Penalty, see § 94.99