[Adopted 3-13-1962 TM by Art. 37; amended
3-14-1972 ATM by Art. 30; 3-14-1974 ATM by Art. 85]
No person shall drink or bring for drinking
alcoholic beverages as defined by Chapter 138 of the General Laws
at any time onto or within any public park, playground, cemetery,
public common, recreation area, public building, or other public property,
except as authorized by law and with the approval of the board, commission,
committee or other public offices having control of said property.
No person shall drink any alcoholic beverage, as defined above, while
in or upon any public way, or any way to which the public has a right
of access or any place to which members of the public have access
as invitees or licensees without consent of the owner or person in
control thereof.
Whoever violates any provision of this By-Law
shall be liable to a penalty not exceeding $50 for each offense.
[Adopted 5-1-1995 ATM by Art. 43]
Whoever, having control of any residential premises,
fails to keep a person under the age of 18 from using or possessing
any alcohol or alcoholic beverages on said premises shall be punished
by a fine of $150. The use of alcohol for religious purposes shall
not be prohibited by this ordinance. There shall be only one violation
regardless of the number of minors present. Any tenant who occupies
a premises shall be presumed to be in control of same.
It shall not constitute a defense under this
By-Law that the defendant lacked knowledge of the violation.
Enforcement of this By-Law shall be by the Police
Department, office of the Harbormaster, and any special police with
the powers of arrest.
Any person taking cognizance of a violation
of this By-Law shall give the offender written notice of the violation
pursuant to MGL c. 40, § 21D. Procedures shall be governed
in accordance with that statute.
The Town Clerk shall keep a record of persons
who have violated this By-Law, which record shall be open for public
inspection. All monies collected as fines shall be reported to the
Select Board. The Select Board, after having allocated funds for the
enforcement of this ordinance, shall distribute the balance of funds
for the purpose of the prevention of alcohol use by minors.
The provisions of this By-Law are intended to
supplement and not supersede applicable provisions of state criminal
law.
The provisions of this By-Law shall be deemed
severable, and if any part of the By-Law shall be adjudged unconstitutional
or invalid, such judgment shall not affect other valid parts thereof.