§ 54-404. Carrying of opened glass containers prohibited in certain areas.

(a)

It shall be unlawful for any person to carry or drink from any opened glass container in or on any public street, sidewalk, park or public right-of-way in the area bounded by the upriver side of Canal Street, the lakeside of Rampart Street, the downriver side of Esplanade Avenue and the Mississippi River.

(b)

An opened glass container is:

(1)

Any drinking vessel made of glass, excluding drinking glasses which are in their original package and contain no liquid; or

(2)

Any container made of glass upon which the seal has been broken and which by virtue of its labeling or contents, would normally contain a consumable beverage.

(c)

The owner of every establishment which sells beverages in glass containers in the designated area described in paragraph (a) shall post two copies of this section in their establishments. Failure to post such copies shall be unlawful. These copies may be obtained from the department of finance.

(d)

The provisions of this section shall be enforced by the issuance of a summons or citation rather than by arrest. Failure of the person issued the summons or citation to appear in municipal court, shall cause to issue an attachment for the arrest of the person in violation of this section.

(e)

It shall be unlawful for any person to carry or drink from any opened glass container in or on any public right-of-way, including any street, sidewalk, park or alley within one block of a Mardi Gras parade route, two hours before the published beginning time of the parade, during the parade, or within one block of the published disbanding area of the parade within two hours of the published or actual ending time of the parade, whichever occurs later. Enforcement of these provisions shall be pursuant to paragraph (d) of this section.

(Code 1956, §§ 42-96, 42-97; M.C.S., Ord. No. 17,388, § 1, 1-18-96; Ord. No. 20,037, § 1, 2-1-01; Ord. No. 20,439, § 1, 11-15-01; Ord. No. 20,440, § 1, 11-15-01)