Section 1. (a) Whoever shall, at any time, within the area of a public way within the Town, whether that area be a portion of a Town way, county Highway, State Highway, or a private way open to the public, consume an intoxicating beverage, or have in his possession an open container thereof, shall be punished by a fine not exceeding fifty dollars ($50.00). This section shall be construed so as to prohibit the consumption of intoxicating beverages or possession of an open container thereof by any person while such person is standing,
sitting, walking, running or otherwise present within such above described areas or is within any parked, standing or moving vehicles which is within such above described areas.
(b) Whoever shall consume an intoxicating beverage or have in his possession an open container thereof in any public building, or on any public property, including parks, cemeteries, school houses and public grounds, or public squares, or in any private way, or parking area regulated under the provisions of M.G.L., Chapter 90. Section 18, shall be punished by a fine not exceeding fifty dollars ($50.00).
(c) Whoever shall consume an intoxicating beverage or have on his possession an open container thereof while upon any private property not his own without the express permission of the owner or other person having authority to grant such permission shall be punished by a fine not exceeding fifty dollars ($50.00). The burden of proving consent shall be on the person charged.
(d) The foregoing sections (a),(b), and (c) shall not apply to any activity duly licensed by the Board of Selectmen under applicable provisions of the Massachusetts General Laws.
(e) Any person who consumes intoxicating beverages or has in his possession an open container thereof, as prohibited by sections (a),(b), and (c) above shall be subject to arrest, without a warrant by a Sheriff, Deputy Sheriff, Town Police Officers or State Police Officer. (amended 6/29/88)