[HISTORY: Adopted by the City Council of the City of Troy 3-1-1973 as Ch. 4 of the 1973 Code. Amendments noted where applicable.]
[Added 7-7-1983; amended 8-7-1997]
No person shall consume liquor, beer, wine or other alcoholic beverage while such person is on any public highway, public street, public sidewalk, public parking area or in any vehicle or public place, excepting those premises duly licensed for sale and consumption of alcoholic beverages on the premises.
An open bottle or open container containing liquor, beer, wine or other alcoholic beverage in the possession of any person or in any vehicle shall create a rebuttable presumption that the same is being consumed by such person or by all the occupants of such vehicle and in violation hereof.
The penalty for first violation of this section, upon conviction thereof, shall be a fine of not more than $100 or imprisonment of not more than 10 days, or both. The penalty for subsequent violations of this section, upon conviction thereof, shall be a fine of not more than $250 or imprisonment of not more than 15 days, or both, for each such violation.
This section shall be deemed an exercise of the police power of the City, for the protection of the welfare, health, peace and morals of the people of the City, and all of its provisions shall be liberally construed for the accomplishment of that purpose.
It shall be unlawful for any person, operating or conducting any public inn, tavern, hotel, restaurant, or dance hall in the City, in which wine, beer, and/or intoxicating liquors are sold, to permit any vocal, instrumental, or theatrical performance or athletic exhibition to be given or presented in such public inn, tavern, hotel, restaurant, or dance hall, or in any place operated or connected therewith, unless permission, in writing, is first obtained from the Chief of Police of the City.
The violation of this section or of any of the provisions thereof shall be considered a misdemeanor, punishable by a fine of not less than $50 nor more than $1,000 or by imprisonment in the county jail for a period not to exceed one year, or by both such fine and imprisonment.
Editor's Note: Amended at time of adoption of Code (see Ch. I, General Provisions, Art. I).
No person shall transport into or have in his possession any bottle or container containing liquor, beer, wine or other alcoholic beverage while such person is in any public park owned, operated or maintained by the City without obtaining consent from the Chief of Police and Commissioner of Recreation.