# Drinking In Public, question about enforcement



## faybio (Sep 17, 2008)

reference: http://www.mydedham.org/showDiary.do?diaryId=764

I hope some officers here can elaborate on this scenario:

After a weekend softball game, the coolers come out and some public consumption of alcohol begins.










My first question is, which law applies here? What is the "drinking in public" law? (ex M.G.L. Chapter ?)

Also, what is the rule on enforcement? Is an officer supposed to arrest when he/she has this crime occur in his/her presence? Is there a level of discretion allowed on the officer's part?

Here is my view on the topic, FYI:









Another poster, however, felt this way:









I like to hear from any officer who cares to comment. The subject town is Dedham, yet I believe that possibly statewide laws apply.


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## spd722 (Aug 6, 2004)

CHAPTER 272. CRIMES AGAINST CHASTITY, MORALITY, DECENCY AND GOOD ORDER 

Chapter 272: Section 59. Ordinances or regulations relating to streets, reservations, or parkways; alcoholic beverages; profanity; arrest without warrant 

Section 59. Whoever remains in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, whoever is in a street or elsewhere in a town in wilful violation of an ordinance or by-law of such town or of any rule or regulation for the government or use of any public reservation, parkway or boulevard made under authority of law by any department, officer or board in charge thereof, the substance of which is the drinking or possession of alcoholic beverage, and whoever in a street or other public place accosts or addresses another person with profane or obscene language, in wilful violation of an ordinance or by-law of such town, may be arrested without a warrant by an officer authorized to serve criminal process in the place where the offence is committed and kept in custody until he can be taken before a court having jurisdiction of the offence.


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## Guest (Sep 17, 2008)

MGL 272-59 gives the right of arrest, but the actual offense for open container is either a city ordinance, town by-law, or state (DCR, etc.) regulation.


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## bleeps (Jun 24, 2008)

It should be a crime to play softball _without _drinking.


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## Deuce (Sep 27, 2003)

Only firefighters and assholes get locked up for open container post softball games..


Oops. Sorry for the redudancy.....


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## Tuna (Jun 1, 2006)

Usually, when working Cochituate, Hopkington or Regatta Point State Parks I write a non crim under 304CMR12.06. $50 fine or even a warning under the same charge. The bottom line is that the booze is confiscated and disposed of "in the best intrest of the Commonwealth".


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## bleeps (Jun 24, 2008)

Well, there's three more state parks I won't be enjoying a frosty adult beverage in...


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## justanotherparatrooper (Aug 27, 2006)

Tuna said:


> Usually, when working Cochituate, Hopkington or Regatta Point State Parks I write a non crim under 304CMR12.06. $50 fine or even a warning under the same charge. *The bottom line is that the booze is confiscated and disposed of "in the best intrest of the Commonwealth".[/*quote]
> 
> translartion....One hell of a party at Tuna's house


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## MetrowestPD (Oct 21, 2008)

Two words: Common Sense. If people are having a few beers after a softball game and no one else has a problem with it you just wave and drive on by. If they are loud asses and throw it in your face then you come own on them. Main thing is if it is not bothering anyone else don't go looking to make it a problem.


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