The purpose of this chapter is to regulate consumption of alcoholic
beverages on public lands and the possession of open containers of alcoholic
beverages on public lands in the Village of Lowville, County of Lewis, State
of New York. This chapter is being enacted to preserve the public peace and
good order and to exercise the police power of the village to promote the
general health, safety and welfare of the residents of the village by enacting
this chapter since it is the finding of the Board of Trustees that the possession
of open containers of alcoholic beverages by persons on public lands, streets
and sidewalks and the consumption of alcoholic beverages on public lands should
be regulated, except under controlled conditions, as such is detrimental to
the health, safety and welfare of the residents of the Village of Lowville,
in that such possession and consumption contributes to the development of
unsanitary conditions and the creation of a nuisance. It is further the intent
of the Board of Trustees that this chapter shall not be considered as a traffic
regulation insofar as it relates to motor vehicles or to 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.
ALCOHOLIC BEVERAGES
Includes all beverages as defined in the Alcoholic Beverage Control
Law of the State of New York.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable for or
used to hold any liquid.
INTENT TO CONSUME
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 circumstances evidencing an intent to ultimately consume on any
public lands.
OPEN CONTAINER
The condition of the container, containing liquor, beer, wine or
other alcoholic beverage, as the same is defined by the Alcoholic Beverage
Control Law of the State of New York, whose cap, cork, top or other closing
device has been removed or the condition of a can which is punctured or pulled
open so as to break its seal.
POSSESSION
Exercise of dominion over the container or beverage.
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, parking lot, shopping
center, school grounds, lands owned by the village or in possession of said
village or any other place to which the public has access, including a public
parking lot or driveway for one or more vehicles used by patrons of any commercial,
industrial or professional place of business, but excluding those public places
wherein the use and consumption of alcoholic beverages is authorized pursuant
to a license or permit issued under the Alcoholic Beverage Control Law of
the State of New York.
VILLAGE
The Village of Lowville, New York.
No person shall possess, carry or transport any alcoholic beverage with
the intent to consume the same in any open or unsealed container on any public
lands as defined as aforesaid or in any motor vehicle as defined by the Vehicle
and Traffic Law of the State of New York.
The provisions of this chapter shall not apply in the event of a picnic
or community gathering for which special permission has been granted by the
Board of Trustees of the Village of Lowville or its duly designated agent.
Each violation of this chapter shall be punishable by a fine not to
exceed $250 or by imprisonment for not more than 15 days, or both, for each
offense. A conviction of an offense against this chapter shall constitute
a violation. Each such violation shall constitute a separate violation.