Town of West Hartford, CT Article II Consumption and Carrying in Public Places

[Adopted 7-19-2011]

§ 45-2 Definitions.

For purposes of this article:

ALCOHOLIC LIQUOR

Has the same meaning as set forth in C.G.S. § 30-1.

OPEN CONTAINER

Any open bottle; any bottle which was sealed by a liquor tax stamp, which seal has been broken, whether or not stopped; any can which has been opened in any way; any keg or dispensing device which is set up to dispense; or any glass, cup, jar, or other vessel. "Open container" does not mean any partially consumed bottle of wine that has been sealed and removed from a restaurant pursuant to C.G.S. § 30-22.

PARKED VEHICLE

Has the same meaning as set forth in C.G.S. § 14-1.

PARKING AREA

Lots, areas or other accommodations for the parking of motor vehicles off the street or highway and open to public use, with or without charge.

PUBLIC AREA

Any park, plaza, mall, cemetery, or other publicly owned place which is open to the public.

HIGHWAY

Has the same meaning as set forth in C.G.S. § 14-1 and includes the sidewalks of any such highway. "Highway" does not include any outdoor dining area that has been approved pursuant to the Town's zoning ordinances.[1]

[1] Editor's Note: See Ch. 177, Zoning.

§ 45-3 Prohibited acts.

Except as permitted in § 45-4, no person shall consume any alcoholic liquor, or possess any open container of alcoholic liquor, upon or within the limits of any highway, public area, or parking area within the Town. For the purposes of this section, without limiting the generality of this subsection, the consumption of alcoholic liquor or the possession of an open container of alcoholic liquor in parked vehicles within or upon parking areas or a highway or sidewalk is a violation of this section.

§ 45-4 Exception.

Consumption of alcoholic liquor and possession of an open container of alcoholic liquor is permitted:

A. During any function, festival, event or celebration conducted on or within a highway, public area, or parking area pursuant to any law, statute, ordinance, resolution or permit authorizing sale and consumption of liquor in or upon such highway, public area or parking area;

B. On or within a highway by a person within 100 yards of his or her residence; and

C. On the public sidewalk within the property lines of a residence hosting a social event.

§ 45-5 Penalties for offenses.

The penalty for violation of the provisions of § 45-3 of this article shall be in accordance with § 1-8 of the West Hartford Code of Ordinances.