Village of Delhi, NY
Delaware County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Delhi as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-3-1975 by L.L. No. 8-1975 (Ch. 4, Art. I, of the 1979 Code)]

§ 102-1 Legislative intent.

[Amended 11-20-1989 by L.L. No. 8-1989]
It is the intent of the Village of Delhi, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Village by enacting this article, since it is the finding of the Board of Trustees that the possession of open containers of alcoholic beverages by persons in public places, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village in that such possession contributes to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Board of Trustees of the Village of Delhi that this article not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

§ 102-2 Definitions.

For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGE
Includes alcohol, liquor, wine, beer, cider and every liquid, patented or not, containing alcohol, 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
Includes any of the following:[1]
A. 
Drinking from the container.
B. 
Possession with movement of the container to the mouth.
C. 
Any circumstances evidencing an intent to ultimately consume in any public place.[2]
PUBLIC PLACES
A place to which the public or a substantial group of persons has access and includes but is not limited to highways, transportation facilities, schools, places of amusement, parks, playgrounds and hallways, lobbies and other portions of apartment houses and hotels not constituting rooms or apartments designed for actual residence.
[Added 11-20-1989 by L.L. No. 8-1989]
VILLAGE
The Incorporated Village of Delhi.
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[2]
Editor's Note: The definition of "public lands," which immediately followed this definition, was repealed 11-20-1989 by L.L. No. 8-1989.

§ 102-3 Prohibitions.

[Amended 7-11-1983 by L.L. No. 2-1983; 11-20-1989 by L.L. No. 8-1989]
It shall be a violation of this article for any person to:
A. 
Consume any alcoholic beverage in any public place within the Village.
B. 
Have in his or her possession with intent to consume any open container containing any alcoholic beverage in any public place within the Village.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
C. 
Have in his or her possession for the purposes of consumption in public places, for either himself or another person, any open container containing an alcoholic beverage in any public place within the Village.

§ 102-4 Exceptions to prohibition.

The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Village.

§ 102-5 Application of provisions.

[Amended 11-20-1989 by L.L. No. 8-1989]
This article shall apply to all persons in public places in the Village except as provided in § 102-4 above, but 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.

§ 102-6 Penalties for offenses.

[Amended 10-20-1980 by L.L. No. 9-1980; 11-19-1984 by L.L. No. 9-1984]
Each violation of this article shall be punishable by a fine not exceeding $250 for a first conviction thereof; for a second conviction within 12 months thereafter, such person shall be punished by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment.