Village of Carthage, NY
Jefferson County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Carthage 7-5-1983 by L.L. No. 7-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 135.

§ 31-1 Legislative findings and intent.

It is the intent of the Village of Carthage, as an exercise of its police power, to promote the general health, safety and welfare of the residents and inhabitants of the Village by enacting this chapter, since it is the finding of the President and Trustees that the consumption of alcoholic beverages and/or the possession of open containers of alcoholic beverages by persons on certain public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village in that such consumption and/or possession contributes to the development of unsanitary conditions and the creation of nuisances, including, but not limited to, littering and raucous or other disorderly behavior. It is further the intent of the President and Trustees that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

§ 31-2 Definitions.

For the purpose of this chapter, the following shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS
Any highway, street, sidewalk, park or playground.
VILLAGE
All the territory within the boundaries of the Village of Carthage.

§ 31-3 Consumption or possessing open container on public lands.

It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage on any public land within the Village.
B. 
Have in his possession any open container containing any alcoholic beverage on any public lands within the Village.
C. 
Have within his possession for the purposes of consumption on public lands, by either himself or another person, any open container containing an alcoholic beverage on any public lands within the Village.

§ 31-4 Exceptions.

A. 
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village, or to family picnics within the boundaries of the public park adjacent to the athletic field along Park Drive, but does apply in all such places to beverages in glass containers.
B. 
The foregoing prohibitions shall not apply to the transportation of an unsealed, but not open, container across public lands of the Village from one point to another, with no intent to consume the contents of such open container while upon public lands.
C. 
The foregoing prohibition shall not apply to duly established restaurants in the Village of Carthage where the primary business is the service of food and which serves alcoholic beverages to clientele as an accessory to said food use. Such restaurant shall be allowed to have a fenced-in cafe-type area located along the sidewalk in front of its business provided that such area is fenced in, does not obstruct pedestrian traffic on the sidewalk, and provides for access to the cafe area only through the interior of the restaurant. Alcohol consumption for such restaurant must be confined to either the interior areas of the restaurant or the fenced-in cafe area along the sidewalk immediately adjacent to the restaurant.
[Added 9-21-2009 by L.L. No. 8-2009]

§ 31-5 Applicability.

This chapter shall apply to all persons on public lands in the Village, except as provided in § 31-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway with the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.

§ 31-6 Penalties for offenses.

[Amended 10-21-1985 by L.L. No. 10-1985; 8-5-1991 by L.L. No. 2-1991]
Any person committing an offense against any provision of this chapter shall be subject to the penalties set forth in Chapter 5 of this Code.