[HISTORY: Adopted by the Town Board of the Town of Dover 11-10-1980
by L.L. No. 5-1980. Amendments noted where applicable.]
The purpose of the chapter is to regulate consumption of alcoholic beverages
on public lands and the possession of open containers of alcoholic beverages
on public lands in the Town of Dover, County of Dutchess, State of New York.
This chapter is being enacted to preserve the public peace and good order
and to exercise the police power of the town to promote the general health,
safety and welfare of the residents of the town by enacting this chapter,
since it is the finding of the Town Board that the possession of open containers
of alcoholic beverages by persons on public lands, streets and sidewalks and
the consumption of alcoholic beverages on public lands should be regulated,
except under controlled conditions, as such, and is detrimental to the health,
safety and welfare of the residents of the Town of Dover, in that such possession
and consumption contributes to the development of unsanitary conditions and
the creation of a nuisance. It is further the intent of the Town Board that
this section shall not be considered as a traffic regulation insofar as it
relates to motor vehicles or to the operation thereof.
A.Â
For the purposes of this chapter, the following terms
shall have the meaning ascribed to them. All other words shall have the meaning
normally ascribed to them in regular usage.
B.Â
ALCOHOLIC BEVERAGES
CONTAINER
POSSESSION
PUBLIC LANDS
As used in this chapter, the following terms shall have
the meanings indicated:
Includes all beverages as defined in the Alcoholic Beverage Control
Law of the State of New York.
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
The exercise of dominion over the container or beverage.
Any highway, street, sidewalk, park, playground, parking lot, shopping
center, school grounds, lands owned by the municipality or in possession of
said municipality or any other place to which the public has access, including
a public parking lot or driveway for one or more vehicles used by patrons
of any commercial, industrial or professional place of business, but excluding
those public places wherein the use and consumption of alcoholic beverages
is authorized pursuant to a license or permit issued under the Alcohol Beverage
Control Law of the State of New York.
No person shall possess, carry, consume or transport any alcoholic beverage
in any open container on any public lands as defined as aforesaid or in any
motor vehicle, as defined by the Vehicle and Traffic Law of the State of New
York.
The provisions of this chapter shall not apply in the event of a fair,
picnic or other community gathering for which special permission has been
granted by the Town Board of the Town of Dover or its duly designated agent.
Each violation of this chapter shall be punishable by a fine not to
exceed $100 for each offense. A conviction of this chapter shall constitute
a violation. Each such violation shall constitute a separate violation.
