§ 42-7. Open intoxicants in public places prohibited; exception provided.

(a)

Possession of open intoxicants in public places.

(1)

Open intoxicants in public places prohibited. Except as provided herein in subsection (a)(2) below, no person shall possess open containers of alcohol beverages in or on any land or water either owned or used generally by the public, including, but not limited to, any road, street, alley, park, school ground, parking lot, sidewalk, beach, pier or commercial establishment unless such place is licensed to sell and serve alcohol beverages pursuant to the provisions of chapter 6, or unless a beer/wine consumption permit is obtained for an event at a Village of Fontana park.

(2)

Exception to prohibition against possession of open intoxicants in public places. Servers employed at businesses along the portion of Lake Street described in section 74-383, may cross said portion of Lake Street to reach and serve customer tables with open containers of alcoholic beverages at such time as Lake Street is closed pursuant to section 74-383 herein. This exception shall not alter the general prohibition against possession of open intoxicants in a vehicle as set forth in the Village of Fontana Municipal Code or in state statute. Furthermore, this exception shall not extend to open containers of alcoholic beverages possessed by someone other than a server at a business along Lake Street.

(b)

Possession of open intoxicants in vehicle in public places prohibited. No person shall possess on his person open containers of alcohol beverages in any vehicle as that term is defined in Wis. Stats. § 340.01(74), while the vehicle is on property as described in subsection (a) of this section, excluding public highways as that term is defined in Wis. Stats. § 340.01(22). For purposes of this subsection, "vehicle" also includes boats and other devices designed to provide flotation on water, and snowmobiles as that term is defined in Wis. Stats. § 340.01(58a).

(c)

Owner or driver responsible for open intoxicants in vehicle in public places. The owner of a privately owned vehicle, or the driver of the vehicle, as that term is defined in Wis. Stats. § 340.01(74), shall not keep or allow to be kept in the vehicle any open container of alcohol beverages when it is upon property as described in subsection (a) of this section, excepting public highways as that term is defined in Wis. Stats. § 340.01(22). For purposes of this subsection, "vehicle" also includes boats and other devices designed to provide flotation on water, and snowmobiles as that term is defined in Wis. Stats. § 340.01(58a).

(Code 1989, § 10.08; Ord. No. 03-07-06-02, § I, 3-7-2006; Ord. No. 03-02-09-01, § 1, 3-2-2009; Ord. No. 04-05-10-03, § 1, 4-5-2010; Ord. No. 06-03-13-01, § 1, 6-3-2013; Ord. No. 06-13-16-01, § 1, 6-13-2016)

Note— For possession of open containers of alcohol beverages in vehicles on public highways, see ch. 6 of the Municipal Code of the Village of Fontana-on-Geneva Lake.

Cross reference

Alcohol beverages, ch. 6.