[HISTORY: Adopted by the Town Council of the Town of Braintree 12-7-2010 by Ord. No. 10-041 (former Ch. 9.08 of the Town Bylaws, which derived from prior code Ch. 50). Amendments noted where applicable.]
The following words as used in this chapter, unless the context otherwise requires, shall have the following meanings:
- Any beach under the care and control of the Town and beaches within the limits of the Town to which the public has a right of access.
- CONSERVATION LAND
- Any conservation land under the care and control of the Town.
- Any public park under the care and control of the Town, including Pond Meadow Weymouth - Braintree Conservation Recreation District.
- Any playground under the care and control of the Town.
- PRIVATE PARKING AREAS
- Any private parking area throughout the Town to which the public has the general right of access.
- PUBLIC PARKING AREAS
- Any public parking area under the care and control of the Town.
- PUBLIC WAYS
- All ways within the Town to which the public has a right of access.
- TOWN FOREST
- Any Town forest under the care and control of the Town.
Unless approved by special permit, no person shall drink or consume alcoholic beverages as defined in MGL c. 138, § 1, while on, in, or upon the public ways and places set forth above, whether in or upon a vehicle, motor vehicle or on foot, or in a place to which members of the public have access as invitees or licensees, or in a park, Town forest, public parking area or playground, or on any beach within the limits of the Town to which the public has a right of access or on private land or place without the consent of the owner or person in control.
Possession of an open can, bottle or other container which, upon analysis by the Department of Public Health, is determined to contain an alcoholic beverage, as defined in MGL c. 138, § 1, shall be prima facie evidence of drinking or consuming such alcoholic beverage. All alcoholic beverages being used in violation of this chapter shall be seized and safely held until final adjudication of the charge against the person or persons arrested or summoned before the court.
A police officer may arrest without a warrant anyone who violates this chapter. Whoever violates any provision of this chapter shall be liable to a penalty of not more than $300 for each violation.