[Code 1961, § 17.06.01; Ord. of 6-3-1963]
(a)
Every police officer of the Town shall have authority to keep places
public accommodation of the Town open and free of obstruction, and
to require all persons unlawfully obstructing or loitering at such
places of public accommodation to desist therefrom whenever such acts
are done in the view of such officer or whenever such acts are the
subject of a complaint by the proprietor of said place of public accommodation.
(b)
It shall be unlawful for any person to resist, molest, disobey, or
interfere with any such police officer while such officer is engaged
in the performance of such officers duties herein of keeping places
of public accommodation of the Town free of obstruction and convenient
for public use.
[Code 1961, § 17.15.01; Ord. of 9-11-1967]
It shall be unlawful for any person other than a person authorized
by the Town to be in or remain in any public park, playground, or
school playground in the Town after one hour after legal sunset.
[Code 1961, § 17.17.01; Ord. No.
76-2, 8-23-1976]
No person shall intentionally, negligently, or carelessly discharge
any firearm, arrow, or airgun within the Town in such a manner as
to be likely to cause bodily injury or death to persons or domestic
animals or the wanton destruction of property.
[Code 1961, § 17.17.02; Ord. No.
76-2, 8-23-1976]
No person shall within the Town sell, give, lend or otherwise
transfer or make available to any person under the age of 18 years
any firearm, bow and arrow, airgun or other dangerous weapon as defined
in the Connecticut General Statutes, Section 53-206, except where
the relationship of parent and child, guardian and ward, or adult
firearm instructor and pupil exists between such person and the person
under 18 years of age. For purposes of this section "bow and arrow"
shall be that as defined in Connecticut General Statutes, Section 26-86a.
[Code 1961, § 17.07.01; Ord. of 4-3-1961; Ord. No. 84-4, §§ 1 — 5, 9-4-1984; Ord. No. 85-5, §§ 1, 2, 10-7-1985; Ord. No. 99-3, § 1, 5-3-1999]
(1)
Definitions. The following terms as used in this section shall have
the following meaning:
(a)
"Alcoholic liquor" has the same meaning as set forth in Section 30-1
of the Connecticut General Statutes.
(b)
"Parked vehicle" has the same meaning as set forth in Section 14-1
of the Connecticut General Statutes.
(c)
"Possession with intent to consume" means having in one's possession
or control alcoholic liquor in a glass, open bottle, open can or other
open container so as to permit consumption.
(d)
"Public highway" means a highway, road, street, avenue, boulevard
or other way within and under the control of the Town of Windsor and
open to public use, including the sidewalks of any such highway and
shall include the full highway limits whether paved or unpaved, provided
said limits are clearly marked by survey stakes or other identification.
(e)
"Parking area" means 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.
(f)
"Public lands" shall mean all land owned by the Town of Windsor including
parks and playgrounds.
(g)
"Public buildings" shall mean all buildings owned by the Town of
Windsor.
(h)
"Suitable sign" shall mean a sign provided by the Windsor Police
Department.
(2)
Prohibited acts.
(a)
Except as otherwise permitted by subsection (3) hereof, no person
shall consume any alcoholic liquor upon or within the limits of any
public highway or sidewalk or parking area or public lands or buildings
within the Town of Windsor.
(b)
Anything to the contrary notwithstanding, no person shall consume
any alcoholic liquor on or within the premises of a commercial establishment
which sells alcoholic liquor unless that establishment has an appropriate
permit from the State of Connecticut authorizing such consumption.
Any commercial establishment which sells alcoholic liquor and does
not have an appropriate permit authorizing consumption on or within
the premises shall prominently post and maintain a suitable sign on
the outside of the building at its entrance. Said sign shall be posted
within 30 days of the effective date of this section. Each day thereafter
said sign is not posted shall constitute a separate violation of this
section. The removal, obstruction, defacing, tampering, vandalism,
or marking in any way of said sign shall constitute a violation. The
Police Department of the Town of Windsor is hereby delegated the authority
and responsibility for designing and maintaining a supply of said
signs. All said signs shall contain minimally this statement:
"Consumption of alcoholic beverages on this or any public property
in the Town of Windsor is unlawful under Section 12-5 of the
Windsor Code."
The Police Department may charge a reasonable fee for each sign
calculated to defray its cost.
(c)
For purposes of this section, without limiting the generality of
the foregoing (a) and (b), the consumption of alcoholic liquor or
the possession with intent to consume alcoholic liquor in or on parked
vehicles within or upon a public highway, sidewalk, public lands or
parking area or premises of a commercial establishment as herein defined
is a violation hereof.
(3)
Exceptions.
(a)
Consumption of alcoholic liquor and possession with the intent to
consume alcoholic liquor is permitted during any public function,
festival or celebration being conducted within a public building,
public highway, sidewalk or parking area or on public land pursuant
to a written permit issued by the Town Manager, or person designated
by the Town Manager to issue such permits, authorizing the sale, service
or distribution of alcoholic liquor at or in connection with such
function, festival or celebration.
(b)
An application for a permit shall be in writing directed to the Town
Manager. The application shall state the name and address of responsible
officials of the organization sponsoring the function, festival or
celebration (event), shall specify the parts of the public land, public
building, public highway, sidewalk or parking area to be used during
the event, specify the beginning and ending time of the event and
it if continues for more than one day, the hours in each day it is
to be conducted, the number of people to be in attendance at the event,
whether the event is open to the public; and arrangements for supervision.
The application shall be filed at least 10 calendar days before the
first day of the event and the permit shall be issued or denied in
writing at least four calendar days before the first day of the event.
The permit shall be issued if all of the required information is provided,
the application is made at least 10 days before the event, the Town
Manager or his designee determines that the event will be open to
the public and that all necessary permits, licenses and approvals
have been obtained from all government authorities having jurisdiction
including, but not limited to, the state department of liquor control
and the granting of the permit will be in accord with the health,
safety, and welfare of the Town of Windsor. (The Town Manager is authorized
to issue additional standards not inconsistent herewith which if not
met will result in denial of said permit.)
(4)
Board of Education. Nothing herein shall be construed as controlling
any public lands or buildings under the control of the Board of Education
by statute.
(5)
Penalty. Any person violating the provisions of this section shall
be fined $35.
[Code 1961, § 9.13.02; Ord. No.
79-1, 1-2-1979]
The following definitions shall apply in the interpretation
and enforcement of Sections 12-7 and 12-8:
Any controlled drug as defined in Connecticut General Statutes,
Section 19-443(8) and any controlled substance as defined in
Connecticut General Statutes, Section 19-443(9).
Any instrument, apparatus or contrivance, including components,
parts and accessories thereof, intended or reasonably adapted to be
used for one or more of the following purposes:
The consumption or the preparation of any dependency-producing
drug. "Consumption" shall include smoking and injection.
The enhancement of the effect on the human body of any dependency-producing
drug.
The concealment of any quantity of any dependency-producing
drug.
The testing of the strength, effectiveness, purity or weight
of any dependency-producing drug.
Any instrument, apparatus or contrivance, including components,
parts and accessories thereof, intended or reasonably adapted for
use in the consumption or preparation of any tobacco.
[Code 1961, § 9.13.01; Ord. No.
79-1, 1-2-1979]
No person shall sell, give, deliver, or otherwise transfer any
tobacco-related equipment or drug-related equipment to any minor under
the age of 16 years; provided such person at the time of such sale,
gift, delivery or transfer knows or has reason to know that such tobacco-related
equipment will or is likely to be used in the consumption or preparation
of any tobacco product or that such drug-related equipment will or
is likely to be used in the consumption or preparation of any dependency-producing
drug the possession of which is a violation of Connecticut General
Statutes, Section 19-481, subsections (a), (b) and (c). If any
such drug-related equipment has printed thereon or is accompanied
by instructions explaining the purpose and use of such equipment,
and if following such instructions would cause a person to commit
an act involving the use or possession of a dependency producing drug
in violation of Connecticut General Statutes, Section 19-481,
subsections (a), (b) and (c), then the trier of fact may infer that
such person knew or had reason to know that such drug-related equipment
was to be used or was likely to be used in the consumption or preparation
of a dependency producing drug.
[Code 1961, § 9.13.03; Ord. No.
79-1, 1-2-1979]
No person shall be guilty of violating Section 12-17 if:
(1)
The person had reasonable cause to believe that the minor involved
was 16 years of age or over, because such minor exhibited to such
person a driver's license, birth certificate or other official
document purporting to establish that such minor was 16 years of age
or over.
(2)
The person was acting in such person's capacity as an employee
or official of any governmental agency or governmental institution
or of any public school or other public educational institution or
of any bona fide private school, educational institution or health
care facility or institution; or the person was acting in such person's
capacity as a registered pharmacist or veterinarian, or under the
direction of a registered pharmacist or veterinarian, to sell said
object for a legitimate medical purpose.
