[HISTORY: Adopted by the Board of Trustees of the Village of Brewster 11-9-1976 by L.L. No. 2-1976 (Ch. 59 of the 1992 Code). Amendments noted where applicable.]
The Village of Brewster recognizes that possession of open containers of alcoholic beverages in public places must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the Village, and this chapter is intended to provide such control and regulation.
As used herein, the following words shall have the meanings below set forth:
- ALCOHOLIC BEVERAGE
- All such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
- PUBLIC PLACE
- Any highway, street, sidewalk, park, playground or any other place to which the public or a substantial group of persons has access, 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.
- The Incorporated Village of Brewster, New York, as its boundaries now are or may hereafter become fixed and determined.
[Amended 5-25-1983 by L.L. No. 2-1983]
No person shall have in his or her possession in any public place within the Village any open, unsealed or partially empty container containing an alcoholic beverage with the intent of the possessor or another to consume such alcoholic beverage in one of the proscribed public places.
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for the conduct of which special permission has been granted by the Village.
Any open, resealed or partially empty container containing an alcoholic beverage found in any parked or standing vehicle shall be presumptive evidence that the same is in the possession of all occupants of said vehicle; provided, however, that the provisions of this chapter shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon a public highway in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 5-20-1992 by L.L. No. 1-1992]
Any person committing an offense against any of the provisions of this chapter shall be guilty of a violation and, upon conviction thereof, shall be punishable for each offense by a penalty of not more than $250 or by imprisonment for not more than 15 days, or both.
This chapter shall be enforced by any official authorized to issue and serve appearance tickets under Chapter 4, Appearance Tickets, of the Code of the Village of Brewster or the laws of the State of New York.