[HISTORY: Adopted by the City Council of the City of Gardner as indicated in article histories. Amendments noted where applicable.]
Article I Public Consumption
[Adopted 10-7-1974 by Ord. No. 568]
[Amended 8-7-1989 by Ord. No. 1022; 7-6-1993 by Ord. No. 1131]
No person shall drink or possess an open container full or partially full of any alcoholic beverage as defined in MGL c. 138, § 1, while on, in or upon any public way, upon any way to which the public has a right of access as invitees, in any park or playground or on private land or place without consent of the owner or person in control thereof. All alcoholic beverages or containers being used in violation of this section shall be seized and safely held until final adjudication of the charge against the person or persons and disposed of as directed by the court. Any person or persons violating this section may be arrested.
[Added 7-6-1984 by Ord. No. 843; amended 5-2-1988 by Ord. No. 965]
The provisions of this article shall not apply to any duly licensed establishment (licensed under MGL c. 138) situated on the property of the Gardner Municipal Golf Course, between the hours of 10:00 a.m. and 9:30 p.m.
[Added 6-4-1984 by Ord. No. 842]
The provisions of this article shall not apply to any duly licensed function (licensed under MGL c. 138) occurring from time to time in Perry Auditorium (City Hall).
Any organization holding such a function shall be required prior thereto to procure a certificate of insurance protecting the City from any and all liability on account of any occurrence whatsoever pertaining to such function and the serving of alcoholic beverages thereat, the amount and form of which shall be subject to the approval of the City Solicitor.
[Added 5-19-1986 by Ord. No. 885]
[Amended 8-7-1989 by Ord. No. 1022; 7-6-1993 by Ord. No. 1131; 11-18-2013 by Ord. No. 1563]
Any person who violates the provisions of this article shall be punished by a fine of $100 for each offense.