The side walk that you are writing about if maintained by the city, town or county that you live in is public versus private property. If you left a container of alcohol on the side walk, the police officer was well within his or her right to have cited you for public consumption of alcohol and possibly littering.Given the fact that you have been cited for a criminal offense and the fact that you have a prior history with the law, I suggest that you consult with a criminal defense attorney about the matter you are writing about.