Ordinance # 05-09-151

  Effective: 9/23/05

Ordinance prohibiting the possession in public of alcoholic beverages in an open container



Section 1.  Purpose


          Whereas, the Mayor and Board of Aldermen of the City of Horn Lake, Mississippi have determined that it is necessary to promote the health, safety, and welfare of the Citizens of the City of Horn Lake, Mississippi to adopt an Ordinance to prohibit the possession in public of alcoholic beverages in an open container.


Section 2. Definitions


Alcoholic Beverage - any distilled spirits, liquor, beer, wine, or alcoholic mixture.


Public Place - any state, county or city highway, roadway, street or sidewalk, or any public premises, parking lot, or place to which the general public has access and a right to resort for business, entertainment, recreation or other lawful purposes.


Vehicle any device in, upon or by which any person or property is or may be transported or drawn.


Open Container Any container that is open; any container which the seal has been broken; or any other cup, glass, etc. which has an alcoholic beverage in it.


Section 3.  Prohibitions


          It shall be unlawful for any person to drink or have in his possession any open container of alcoholic beverage, while such person is in any vehicle or public place, except those premises duly licensed for the sale and consumption of alcoholic beverages on said premises.


Section 4.  Exemptions


          The Mayor and Board of Aldermen shall have the right to exempt any special event from the provisions of this ordinance.


Section 5. Prohibitions


Any violations of this Ordinance shall be guilty of a misdemeanor and fined an amount no more than $500.00 and/or six (6) months in jail, or both.


Section 6. Construction and Severability


          Severability is intended throughout and within the provisions of this ordinance. If any provision, including any exemption, part, phrase, term or the application thereof to any person or circumstance is held invalid by a court of appropriate jurisdiction, the application to other persons or circumstances shall not be affected thereby, and the validity of the ordinance in any and all other respects shall not be affected thereby.


Section 7.  Effective Date


          This Ordinance shall take effect and be in full force from and after being adopted, certified by the City Clerk, signed by the Mayor or Board Majority, recorded in the Ordinance Book, published and one month after passage.


          So ordained this the 6th day of September, 2005.