[Adopted 7-25-1983 by L.L.
No. 10-1983]
As used in this article, the following terms shall have the meanings
indicated:
PUBLIC PLACE
A place to which the public or a substantial group of persons has
access, including but not limited to any highway, street, road, sidewalk,
parking area, shopping area, place of amusement, playground, park or beach
located within the Village of Massapequa Park, except that the definition
of a "public place" shall not include those premises duly licensed for the
sale and consumption of alcoholic beverages on the premises or within a person's
private property.
No person shall drink or consume an alcoholic beverage or possess, with
intent to drink or consume, an open container containing an alcoholic beverage
or with the intent to consume said alcoholic beverage in any public place
or to have the same so consumed by another, except at a block party, feast
or similar function for which a permit or written consent has been obtained
from the Incorporated Village of Massapequa Park.
Possession of an open container containing an alcoholic beverage in
any motor vehicle within the village of Massapequa Park by any person shall
create a rebuttable presumption that such person did intend to consume the
contents thereof in violation of this article.
Any person who shall be found to have violated any of the provisions
of this article shall be punished by a mandatory minimum fine of $100 for
each violation thereof or shall be imprisoned up to 15 days in jail, or both.
[Adopted at time of adoption of Code]
Nothing herein contained shall be construed directly or indirectly to
constitute a waiver or modification of any provision or requirement of any
section of any zoning local law or ordinance regulating construction and maintenance
or use of any building or the use of any lands situated in the business district.
In order to protect the interests of the village, the Board of Trustees
reserves to itself the power to modify specific requirements of this article
or any provisions of the village local laws and ordinances to promote the
health, welfare and safety of its residents.
Any person violating any provision of this article shall be subject
to a minimum fine of $250 or imprisonment for a period not to exceed 15 days,
or both, and revocation of his business license issued by the village relating
to the use of the premises. Each day's continued violation shall be deemed
to constitute a separate violation.