[HISTORY: Adopted by the Board of Trustees of the Village of Fair Haven as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Public consumption of alcoholic beverages — See § 100-13.
[Adopted 7-1-1985 by L.L. No. 5-1985 (Ch. 2, Art. I, of the 1970 Code)]
The title of this article shall be the "Village of Fair Haven Open Container Use and Disposal Law."
The Village of Fair Haven, in enacting this article, is exercising its police power to promote the health, welfare and safety of its residents by controlling the use of an open container of alcoholic beverages within public places and to prevent public disorders and littering.
For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular use.
ALCOHOLIC BEVERAGE
Includes beer, wine, liquor and all other alcoholic beverages as defined by the New York Alcoholic Beverage Control Law.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS
Any highway, street, public sidewalk, cemetery, playground, public parking area, public buildings, parks, except by special permit issued by the Village Clerk or any authorized official to persons reserving the Village Park, or such other lands as are generally open to the public.
No person shall have in his possession any open container containing an alcoholic beverage on any public land within the Village of Fair Haven or in any vehicle while said vehicle is on a public highway, street, parking area or public land within the Village of Fair Haven.
No person shall break, leave or discard any open container on public land within the Village of Fair Haven except in a waste receptacle placed on public land and for the purpose of depositing or discarding therein waste, or in an area designated therefor.
A. 
A violation of this article shall constitute a violation as defined in the Penal Law of the State of New York.
B. 
A person violating this article shall be punishable by a fine not exceeding $50 or by imprisonment for 10 days, or by both such fine and imprisonment; for a second or subsequent offense, by payment of a fine not exceeding $100 or by imprisonment for 15 days, or by both such fine and imprisonment.
If any clause, sentence, paragraph, section or part of this article shall be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder thereof, but shall be confined and apply in its operation only to the clause, sentence, paragraph, section or part thereof directly involved in the controversy in which such judgment shall have been rendered.
This article shall take effect immediately upon its filing with the Secretary of State.