§ 4-11. Public drinking and possession of alcoholic beverage or liquor.

(a)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Alcoholic beverage means any fluid, or solid capable of being converted into fluid, suitable for human consumption, and containing more than 0.5 percent alcohol by volume, including malt, vinous, spirituous, alcoholic, or intoxicating liquor, beer, porter, ale, stout, fruit juices, or wine.

Liquor means any distilled or rectified alcoholic spirit, brandy, whiskey, rum, gin, and any similar distilled alcoholic beverage, including all dilutions and mixtures of one or more of the foregoing, such as liquors, cordials, and similar compounds.

Open drinking container means any type of cup, including but not limited to any bottle, jug, glass, goblet, mug, and jar in which liquids can be contained and which are not closed or covered in such a manner whereby liquids cannot be introduced into or removed from the container.

(b)

Sale of alcoholic beverages and liquor on streets and sidewalks or in public prohibited.

(1)

No person shall consume an alcoholic beverage or liquor while standing, walking, sitting, or riding on any public street or sidewalk of the village, or on the grounds outside of any business or building.

(2)

No person shall consume an alcoholic beverage or liquor while standing, walking, sitting, or riding in any public park or any public recreational area within the village.

(c)

Transportation or carrying of intoxicating beverages in open containers prohibited. No person shall transport or carry any alcoholic beverage, liquor, or intoxicating beverage in any form of open container, either in a vehicle or on foot, on any public rights-of-way, public street, sidewalk, public park, or public recreation area within the village.

(d)

Exemption. Exempted from the prohibitions of this section are the immediate areas of any special event such as a fair or festival when sponsored by a nonprofit organization and when a permit has been granted by the village. Such permit shall specifically delineate the boundaries of the immediate area and the time period for which the special permit shall be furnished to the chief of police.

(e)

Penalty. Upon conviction of a violation of this section, the offender shall be fined not less than $50.00 nor more than $200.00 and/or imprisoned for not more than 30 days.

(Code 2004, § 13.11; Ord. No. 2, 1988)