[HISTORY: Adopted by the Mayor and Council
of the City of Harrington as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Parades and public entertainment — See Ch. 271.
[Adopted 5-10-1977 (Ch. XVIII of the 1962 Municipal Code)]
It shall be unlawful for any person to drink
or offer to another a drink of any alcoholic liquor on any street,
sidewalk, or other exterior public place within the limits of the
City of Harrington.
It shall be unlawful for any person, while trespassing
upon the exterior portion of any private property within the limits
of the City of Harrington, to drink or offer to another a drink of
alcoholic liquor.
The aforesaid prohibitions shall apply both
to pedestrians and to persons riding in vehicles, whether moving or
standing still.
Arrests for violations of this article may be
made upon lawful warrant as in other cases; provided that any peace
officer may arrest without warrant upon actual view of the offense
when committed, or upon fresh pursuit following such view.
Persons convicted of a violation of this article
shall be punished by a fine of not less than $10 nor more than $100,
or imprisoned not less than five days nor more than 30 days, or both.
As used in this article, the following terms
shall have the meanings indicated:
As used herein shall be defined as in the Liquor Control
Act of the State of Delaware.[1]
[1]
Editor's Note: See Title 4 of the Delaware
Code, § 101 et seq.
[Adopted 9-17-2001 by Ord. No. 01-01]
As used in this article, the following terms
shall have the meanings indicated:
Any intoxicating liquor, including spirits, wine or beer.
Any place which is open and available to public use, occupation,
passage, or traffic, whether owned by a public or private entity,
and including all streets, lanes, ways, alleys, sidewalks, parking
lots, parks, plazas, tennis courts, basketball courts, playgrounds
and school yards. In addition to its ordinary meaning, "public place(s)”
shall also include the City's benches, plaques, memorials, steps and
railings.
No person shall drink any intoxicating liquor,
including spirits, wine or beer, or possess any open container containing
intoxicating liquor, including spirits, wine or beer, in any public
place within the City limits of Harrington, Delaware.
[Amended 12-15-2008 by Ord. No. 08-07]
Minors who violate the provisions of this article
shall be subject to penalties as set forth in 4 Del. C. § 904.
All others shall be subject to the following penalties:
A.
First offense: warning. Any person observed by any
police officer to be violating this article shall be issued a written
warning. If such person in a minor, a copy of such written warning
shall be delivered or mailed to such minor's parents or lawful guardians
at their last known address.
B.
Second and subsequent violations: Any person having previously been issued a written warning under Subsection A who is observed violating this article a second subsequent time shall, upon conviction, forfeit and pay a fine of not less than $25 nor more than $100, plus court costs and Victim's Compensation Fund assessment if applicable. If such person is a minor, a copy of the charges shall be delivered or mailed to such minor's parents or lawful guardians at their last known address.
A.
Council may designate places where possession or consumption
of alcoholic beverages is permitted.
[Amended 12-15-2008 by Ord. No. 08-07]
B.
Anything in this article to the contrary notwithstanding,
the City Council of Harrington may, by resolution, designate specific
public places and/or specific days and times when possession or consumption
(excluding minors) will be permitted, provided that:
(1)
The Council shall, at the written request of the legal
owner/possessor of any public place(s), designate such place(s) as
a place(s) where alcoholic beverages shall be permitted for such days
and times as so requested in writing by the owner/possessor thereof,
unless the City Council specifically determines that, under the circumstances,
the public place(s) so requested presents such a potential risk to
other members of the public as to warrant denial of such request.
(2)
The Council shall not, without the written consent
of the legal owner/possessor of any public place(s), designate such
place(s) as a place(s) where alcoholic beverages shall be permitted.
C.
This article does not apply to the use of alcoholic
beverages for organized religious practices.
