[HISTORY: Adopted by the Town Board of the Town of Salina: Art. I, 8-15-1983 by L.L. No. 2-1983. Amendments noted where applicable.]
Article I Open Containers
[Adopted 8-15-1983 by L.L. No. 2-1983]
It is the purpose of this article to protect the public interest, welfare, health and safety within the Town of Salina by prohibiting the consumption of alcoholic beverages in public places within the town. The Town Board finds that possession of an open container of alcoholic beverage in a public place within the town has led to consumption of the same, resulting in public intoxication, disorderly conduct, disturbance of the public peace, littering of the public places and destruction of property. The Town Board finds further that preservation of the public health and prevention of conditions which lead to conduct disturbing the public peace attributable to consumption of alcoholic beverages can be accomplished by the prohibition of consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of alcoholic beverages under circumstances which indicate that the possessor of such open or unsealed container in a public place intends to consume the same or intends to have it consumed by another person.
The following terms used in this article shall have the following meanings, unless the context requires or indicates a different meaning:
- ALCOHOLIC BEVERAGE
- Includes alcohol, spirits, liquor, wine, beer, cider 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.
- INTENT TO CONSUME
- Includes any of the following:
- PUBLIC PLACE
- Any highway, street, sidewalk, park or playground or town building in the town.
- The Town of Salina.
It shall be a violation of this article for any person to:
The foregoing prohibition shall not apply to consumption of an alcoholic beverage or possession for the purpose of consumption in any public place where the same is authorized by license or permit under the laws and regulations of this state and under the regulations of the town; nor shall such prohibition apply to the possession of an open or unsealed container of an alcoholic beverage solely for the purpose of transporting the same without an intent or indication to consume the same in any public place.
This article shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law.