Ordinance Pertaining to Public Consumption of Alcoholic Beverages
The following provisions are enacted and added to Title 3 of the Revised Ordinances of Wallingford (June 20, 1974) for the purpose of promoting the general health, welfare and safety of all persons within the said Town of Wallingford.
BE IT ORDAINED BY THE SELECTMEN OF THE TOWN OF WALLINGFORD, AS FOLLOWS:
CHAPTER 3: PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES
§3501. STATE LAWS APPLICABLE
In addition to all applicable provisions of this Revision, the laws of the State of Vermont shall be applicable to the sale, possession, consumption, transportation, and use of alcoholic beverages within the Town of Wallingford.
For the purpose of this Chapter the following definitions shall apply:
a) Alcoholic Beverages: For the purpose of this Chapter, an alcoholic beverage shall be any malt beverage, spirits, spirituous liquor, or vinous beverage as defined in Title 7 VSA, §2.
b) Restricted Areas: The restricted areas within the Town of Wallingford are defined as follows:
(1) Any and all lands and premises, including but not limited to lawns, lands adjacent to walls, sidewalks, parking areas, streets, recreation areas, or any other portion of or area within, adjacent or appurtenant to any property owned or controlled by the Town of Wallingford, Wallingford School District, Wallingford Fire District, Gilbert Hart Memorial Library, Wallingford Library Association, or any other agency, or instrumentality of the Town of Wallingford.
(2) Upon or within twenty-five (25) feet of either side of the paved portion of any state or town road or highway within the boundaries of the Wallingford Fire District No. 1.
c) Open Containers: Any vessel or device from which an alcoholic beverage may be consumed, poured, or otherwise dispensed. An open container as defined herein, shall not include the container provided by a bottler, distiller, or manufacturer where the seal, sealing device, or closing device provided by such bottler, distiller, or manufacturer has nor been broken or removed, provided that no other opening in such container is made by the consumer.
d) Private Dwelling: A private dwelling shall mean any structure, including garage, together with porch, steps, or patio attached or adjacent thereto, not primarily owned, occupied, operated or used for any commercial or business activity, or that portion of a commercial structure primarily used for residential, and not for commercial or business, purposes.
§3503. PUBLIC CONSUMPTION OF ALCOHOLIC BEVERAGES
Except as hereinafter provided, it shall be unlawful for any person to consume an alcoholic beverage within a restricted are in the Town of Wallingford.
§3504. CONSUMPTION OF ALCOHOLIC BEVERAGES IN MOTOR VEHICLES
Except as hereinafter provided, it shall be unlawful for any person to consume alcoholic beverages within any motor vehicle stopped, standing, or parked, in or within any restricted area, except where such vehicle is stopped to avoid conflict with other traffic, or in compliance with the direction of an enforcement officer, or traffic control device, provided that such vehicle in which an alcoholic beverage is being consumed, shall depart the restricted are as soon as possible.
§3505. OPEN CONTAINER
Except as hereinafter provided, it shall be unlawful for any person to have in his possession, an open container of an alcoholic beverage within a restricted area, as aforesaid, except when the person possessing said open container is in a motor vehicle stopping in, or departing, the restricted area, in accordance with Section 3504 of this Chapter.
§3506. CONSUMPTION IN PERMITTED AREAS
Nothing in this Chapter shall be construed to prevent the consumption of an alcoholic beverage within any private residential dwelling, or upon or in any appurtenant structures, or on porches, or steps attached thereto, or within any establishment in which the consumption on the premises of alcoholic beverages is authorized by law. For purposes of this Chapter, the rear yard of a private dwelling is situated, beginning at the portion of the main structure farthest from the street, and running thence to the rear property line, subject, however, to the restrictions imposed in Section 3502 (b)(2) of this Chapter.
(a) Violation of any provision of this Chapter shall subject the violator to a fine of not more than five-hundred ($500.00) dollars, but not less than one-hundred ($100.00) dollars, and imprisonment for not more than one (1) year, and may subject such violator to such injunctive, or other remedies as may be pursued by the Town of Wallingford under this revision or the provisions of title 24 V.S.A., Section 1974(b).
(b) An enforcement officer shall be empowered to confiscate as evidence of a violation of this Chapter, any open container in possession of any person in a restricted area, which is reasonably believed to contain an alcoholic beverage.