[Adopted 8-20-1974 by Ord. No. 1974-6]
[Amended 2-5-1979 by Ord. No. 1979-3]
A.
Any person who shall consume alcoholic beverages while
in or on a public street, land, sidewalk, public parking lot, public
or quasi-public place or in any public conveyance; or in a private
motor vehicle while the same is in motion or parked in any public
street, lane or public parking lot; or while upon any private property
not his own without the express permission of the owner or other person
having authority to grant such permission; or who shall discard alcoholic
beverage containers upon any public street, lane, sidewalk, public
parking lot, public or quasi-public place or upon any private property
not his own without the express permission of the owner, is a disorderly
person.
B.
There shall be a rebuttable presumption of consumption against each and every person charged with the offense of consumption of an alcoholic beverage as set forth in Subsection A, if that person is knowingly in possession of an open container which contains or recently contained an alcoholic beverage.
Any person who shall violate the provisions
of this article shall, upon conviction, be punished by a fine of not
more than $200 or be imprisoned more than 30 days, or both.
In case for any reason any section or any provision
of this article shall be questioned in any court and shall be held
unconstitutional or invalid, the same shall not be held to affect
any other section or provision of this article.
All ordinances or parts of ordinances inconsistent
with the terms of this article be and the same are hereby repealed,
and this article shall take effect immediately after final passage,
approval and publication as provided by law.
