[HISTORY: Adopted by the Board of Trustees of the Village of Holley
at time of adoption of Code (see Ch. 1, General Provisions, Art. I). Amendments
noted where applicable.]
It is the intent of the Village of Holley, as an exercise of its police
power, to promote the general health, safety and welfare of the residents
and inhabitants of the Village by enacting this chapter, since it is the finding
of the Village Board of Trustees of the Village of Holley that the consumption
of alcoholic beverages and the possession of open containers of alcoholic
beverages by persons on certain public lands, except under controlled conditions,
is detrimental to the health, safety and welfare of the residents of the Village
in that such consumption and possession contributes to the development of
unsanitary conditions and the creation of nuisances, including but not limited
to littering and raucous or other disorderly behavior. This chapter shall
not be considered as a traffic regulation insofar as it relates to motor vehicles
or the operation thereof.
For the purpose of this chapter, the following terms shall have the
meanings ascribed to them. All other words shall have the meanings normally
ascribed to them in regular usage:
Includes alcohol, spirits, liquor, wine, beer and every liquid or
solid, patented or not, containing alcohol, spirits, wine or beer and capable
of being consumed by a human being.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any highway, street, sidewalk, park, playground, school ground or
Village-owned open space.
The Village of Holley.
It shall be a violation of this chapter for any person to:
A.
The foregoing prohibitions shall not apply during the time of
a fair, picnic or other community gathering on public lands if permission
to perform the prohibited acts has been granted by the Village.
B.
The foregoing prohibitions shall not apply to the transportation
of a container containing any alcoholic beverage across public lands of the
Village from one point to another, with no intent to consume the contents
of such container while on public lands.
This chapter shall apply to all persons on public lands in the Village except as provided in § 87-4. This chapter shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law of the State of New York, punishable by a fine not exceeding $250.
