[HISTORY: Adopted by the Board of Trustees
of the Village of Haverstraw 2-23-1983 by L.L. No. 1-1983. Amendments noted where
applicable.]
The purpose of this chapter is to control and
regulate the drinking of, or the possession of open containers containing,
alcoholic beverages by persons in the public areas in the Village
of Haverstraw, which condition is considered to be a hazard to the
public health and/or safety and does not promote the general welfare.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes wine, beer, liquor or any alcoholic liquid intended
for human consumption.
Includes bottle, can or any other material which is capable
of holding a beverage.
Includes the actual possession, carrying or transporting
of any beverage in an open container, whether on foot, in an automobile
or in any vehicle of any nature.
All public places, including but not limited to all public
highways, public streets, public sidewalks, public alleys, public
parks and all public parking lots or areas.
[Amended 6-6-1983 by L.L. No. 2-1983]
[Amended 6-6-1983 by L.L. No. 2-1983]
No person shall consume alcoholic beverages
in a restricted area, and no person shall possess an open container
of alcoholic beverages in a restricted area with the intention of
consuming the alcoholic beverage in a restricted area. Intention of
a person to consume an alcoholic beverage in a restricted area shall
be determined from the specific facts and circumstances of that person's
possession of an open container of alcoholic beverage.
[Amended 5-5-2014 by L.L. No. 5-2014]
Any police officer covering the Village of Haverstraw
is hereby empowered and authorized to exercise such powers as may
be necessary or convenient to carry out and effectuate the purposes
and provisions of this chapter.
[Amended 6-19-1989 by L.L. No. 4-1989; 8-11-1997 by L.L. No. 4-1997; 5-5-2014 by L.L. No. 5-2014; 10-17-2022 by L.L. No. 3-2022]
A.
Any person, association, organization, corporation,
company or business entity violating, or failing to comply with, any
provision of this chapter shall, upon conviction thereof, be punishable
by a fine of not less than $150 nor more than $500; and which charge,
under this chapter, shall be a petty offense or infraction, and not
a crime.
B.
The continuation or repeat of a violation of, or failure
to comply with, any provision of this chapter shall constitute, for
each occurrence that transpires or each day on which the violation
continues, a separate and distinct charge hereunder.
[Amended 6-6-1983 by L.L. No. 2-1983]
The Board of Trustees of the Village of Haverstraw
shall be empowered in its discretion to grant temporary suspension
of this chapter, permitting proper applicants to consume alcoholic
beverages and possess open containers of alcoholic beverages in certain
designated restricted areas. Applications for temporary suspension
of this chapter shall be made to the Board of Trustees at one of its
regularly scheduled meetings, at least 15 days prior to the date the
suspension is sought, and the application shall specify the event
involved, its date, duration and the specific restricted area requested.
