[HISTORY: Adopted by the Town Board of the
Town of Wheatland 6-21-1973 by L.L. No. 2-1973 (Ch. 5 of the 1980
Code). Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages in parks — See Ch. 96.
The Town Board of the Town of Wheatland recognizes
that the use of alcoholic beverages within public places and areas
in the Town of Wheatland must be adequately controlled and regulated
so as to prevent public disorder, littering and other acts that affect
the health, safety and welfare of the residents of the Town of Wheatland.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes beer, wine, liquor and all other alcoholic beverages
as more specifically defined by § 3 of the New York State
Alcoholic Beverage Control Law.
Any bottle, can, glass, cup or similar article of any kind
or description designed for or capable of containing any alcoholic
beverage. For the purposes of this chapter, a container shall be deemed
open if the bottler's or distiller's original seal has been broken.
[Amended 7-10-1980 by L.L. No. 4-1980]
Drinking from the container, with alcohol on the breath of
the possessor and/or any circumstances evidencing an intent to ultimately
consume on any public lands.
[Added 2-1-2007 by L.L. No. 1-2007]
A public place wherein the use and consumption of alcoholic
beverages is authorized pursuant to a permit or license issued under
the Alcoholic Beverage Control Law and, with respect to Town-owned
or -leased property, pursuant to a permit issued by the Town Board
or permission otherwise granted by the Town Board.
[Added 7-10-1980 by L.L. No. 4-1980; 2-1-2007 by L.L. No. 1-2007]
A place to which the public or a substantial group of persons
has access, including but not limited to highways, streets, shopping
centers, parking lots, transportation facilities, schools, places
of amusement, parks, playgrounds, parking areas, hallways, lobbies
and any other places open or used by the general public.
[Amended 7-10-1980 by L.L. No. 4-1980]
[Amended 7-10-1980 by L.L. No. 4-1980; 2-1-2007 by L.L. No. 1-2007]
No person shall carry, transport, or have in
his possession in any public place, other than permitted public places,
any open, unsealed or partly empty container containing any alcoholic
beverage, with intent to consume the same.
[Amended 7-10-1980 by L.L. No. 4-1980]
No person shall break, leave, discard or deposit
in any manner any container in any public street, sidewalk, park,
parking area or public place of any nature within the Town of Wheatland.
No person shall consume any alcoholic beverages
in a public place other than a permitted public place, as defined
under this chapter.
[Added 2-1-2007 by L.L. No. 1-2007]
This chapter shall not apply to any person found
to have violated Vehicle and Traffic Law § 1227, as amended.
[Added 9-17-2015 by L.L.
No. 3-2015[1]]
Violations of Chapter 40 may be enforced by members of the Monroe County Sheriff's Department, New York State Police or other peace officers in connection with their duties imposed by law.
A.
Violations of this chapter shall constitute a violation
as defined in the Penal Law of the State of New York.
