Town of Salina, NY
Onondaga County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[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.]
[Adopted 8-15-1983 by L.L. No. 2-1983]

§ 66-1 Purpose.

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.

§ 66-2 Definitions.

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.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
INTENT TO CONSUME[1]
Includes any of the following:
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Possession with alcohol on the breath of the possessor.
D. 
Any circumstance evidencing an intent to ultimately consume in any public place.
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or town building in the town.
TOWN
The Town of Salina.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

§ 66-3 Prohibited acts.

It shall be a violation of this article for any person to:
A. 
Consume any alcoholic beverage in any public place within the town.
B. 
Have in his/her possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself/herself or by another in any public place.

§ 66-4 Exceptions.

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.

§ 66-5 Applicability.

This article shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law.

§ 66-6 Penalties for offenses. [1]

Any person violating any provision of this article shall be liable to a penalty set in accordance with Chapter 1, Article II, General Penalty.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).