§ 177-2. Drinking or possessing alcoholic beverages in certain public places or ways.

No person shall drink or possess in any open or partially consumed container any alcoholic beverages as defined in MGL c. 138, § 1, while on, in or upon any public way or upon any way to which the public has a right of access or any place to which members of the public have access as invitees or licensees or a park or playground or private land or place without consent of the owner or person in control thereof. All alcoholic beverages being used in violation of this section shall be seized and safely held until final adjudication of the charge against the person arrested or summoned before the court, at which time they shall be returned to the person entitled to lawful possession.