Town of Tonawanda, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Tonawanda 5-12-1980 by L.L. No. 5-1980. Amendments noted where applicable.]
GENERAL REFERENCES
Bingo — See Ch. 50.
Games of chance — See Ch. 95.
Parks — See Ch. 142.

§ 41-1 Purpose.

The Town Board of the Town of Tonawanda has found that the possession of open containers of alcoholic beverages by persons on public lands, except under controlled conditions, contributes to the depreciation of those lands and to the development of unsanitary conditions and nuisances and is otherwise detrimental to the health, safety, morals and welfare of the residents of the Town of Tonawanda. In order to promote the public health, safety, morals and welfare of the residents of the town and to preserve peace and good order in the town, the purpose of this chapter is to restrict the possession of open containers of alcoholic beverages on the public lands in the Town of Tonawanda, outside of the Village of Kenmore. It is further the intent of the Town Board that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

§ 41-2 Definitions.

A. 
For the purpose of this chapter, the term "alcoholic beverage" shall have the meaning ascribed to it by the Alcoholic Beverage Control Law of the State of New York.
B. 
The following terms shall have the meanings indicated. All other terms shall have the meanings normally ascribed to them in regular usage.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PUBLIC LANDS
Include all public highways, streets, sidewalks or parking lots; all parks, playgrounds, recreation facilities or recreation areas owned and maintained by the Town of Tonawanda; and all buildings, structures, shelters, facilities and improvements thereon, located in any park, playground, recreation facility or recreation area owned and maintained by the Town of Tonawanda.

§ 41-3 Possession of open containers on public land prohibited.

No person, acting individually or jointly with other persons, shall have in his possession any open containers containing an alcoholic beverage on any public land within the Town of Tonawanda, outside of the Village of Kenmore.

§ 41-4 Exceptions; applications for special permits.

A. 
The foregoing prohibition shall not apply in the event of a fair, picnic or community or family gathering for which a special permit authorizing the possession of open containers of alcoholic beverages has been expressly granted by the town. Such exception shall apply only to the extent allowed under the terms and conditions of the special permit.
(1) 
Application for a special permit to allow for an exception in conjunction with the use of a recreation facility, recreation area, playground or area of a park owned and maintained by the Town of Tonawanda, which has been designated as requiring a special facility permit under the provisions of Chapter 142 of the Town Code, shall be made to the Recreation Department of the Town of Tonawanda. Such permits shall be issued in accordance with the provisions of Chapter 142 of the Code of the Town of Tonawanda.
(2) 
Application for a special permit to allow for an exception in any area of a park, playground or recreation area owned and maintained by the Town of Tonawanda, and which area does not require a special facility permit for its use as provided under Chapter 142 of the Town Code, shall be made to the Recreation Department or the Police Department of the town. Such permits may be issued to the applicant under such circumstances and conditions as prescribed by the Town Board. Such permit shall be in a form prescribed by the Recreation Department and shall be available for inspection by any town official or employee during the time the permit is operative. Such permit may be revoked at any time by the Police Department of the town upon reasonable belief of a violation of any of the conditions under which the permit was issued.
(3) 
Application for a special permit to allow for an exception in conjunction with the use of public highways, streets, sidewalks and/or parking lots in the Town of Tonawanda, outside the Village of Kenmore, shall be made in writing to the Town Board of the Town of Tonawanda. Such application shall state the purpose of such event, the location, times and date for which such permit is desired and such additional information and certification as the Town Board may deem necessary. The Town Board shall issue a permit in the form of a Board resolution to the applicant under such circumstances and conditions as prescribed by the Board. Such permit may be combined with any other permit issued by the Board for the same event. Such permit may be revoked at any time by the Town Board or Police Department of the town upon reasonable belief of a violation of any of the conditions under which the permit was issued.
B. 
The foregoing prohibition shall not apply to premises within any public lands of the town where a license has been issued by the New York State Liquor Authority to permit the sale and consumption of alcoholic beverages on said premises and the Town Board has expressly authorized that an application be made for such license.

§ 41-5 Applicability.

This chapter shall apply to all persons on public lands in the Town of Tonawanda, outside of the Village of Kenmore, except as provided in § 41-4 hereof, but shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town of Tonawanda, outside of the Village of Kenmore, in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.

§ 41-6 Penalties for offenses.

Any person committing an offense against this chapter, or any section or provision thereof, is guilty of a violation punishable by a fine not exceeding $250 or by imprisonment for a period not exceeding 15 days for each such offense, or by both fine and imprisonment.