[HISTORY: Adopted by the Board of Trustees
of the Village of Millbrook 10-16-1979 by L.L. No. 3-1979 (Ch. 47
of the 1974 Code). Amendments noted where applicable.]
This chapter shall be known and cited as "Village
of Millbrook L.L. No. 3-1979 regulating consumption of alcoholic beverages
in public places."
This chapter is adopted to preserve the public
peace and good order and to exercise the police power of the Village
to promote the general health, safety and welfare of the residents
of the Village by executing this chapter, since it is the findings
of the Village Board that the possession with intent to consume of
open containers of alcoholic beverages by persons on certain public
lands and streets and sidewalks, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents
of the Village in that such possession with intent to consume contributes
to the development of unsanitary conditions and the creation of a
nuisance.
For the purpose of this chapter, the following
shall have the meanings ascribed to them. All other words shall have
the meaning normally ascribed to them in regular usage:
Includes all beverages as defined in § 3 of 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.
Includes any of the following:
[Amended 12-16-1997 by L.L. No. 2-1997]
Any bottle, can or container containing liquor, beer, wine
or other alcoholic beverage, as the same is defined by the alcoholic
Beverage Control Law of the State of New York.
[Amended 12-16-1997 by L.L. No. 2-1997]
Any highway, street, sidewalk, park, playground, parking
lot, shopping center, mall or any other place to which the public
or a substantial group of persons 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 Alcoholic
Beverage Control Law.
The incorporated area of the Village of Millbrook.
No person shall possess, carry, consume or transport
any liquor, beer, wine or other alcoholic beverage in any open container
with the intent to consume the same in any public place or in a motor
vehicle as defined by the Motor Vehicle Law of the State of New York.
The foregoing prohibitions shall not apply in
the event of a fair, picnic or other community gathering for which
special permission has been granted by the Village Board of the Village
of Millbrook.
