[Adopted 7-19-1990 by L.L. No. 4-1990]
The Town of Southeast recognizes that consumption
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 general welfare
of the Town, and this article is intended to provide such control
and regulation.
As used in this article, the following terms
shall have the meanings indicated:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, 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, cup or similar receptacle suitable
for or used to hold any liquid.
INTENT TO CONSUME
Drinking, attempting to drink or giving the appearance of
drinking.
OPEN BOTTLE OR CONTAINER
A bottle or container without a top or other cover or which
is open, unsealed, resealed or partially full.
PUBLIC PLACE
Any highway, street, sidewalk, park, playground, parking
lot, shopping center, mall or 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 pursuant to the Alcoholic Beverage
Control Law of the State of New York.
The Town Board of the Town of Southeast, for
good cause shown, may permit the drinking of alcoholic beverages in
Town parks for picnics, gatherings or functions. Such permit shall
be issued by the Town Board or its authorized official and shall set
forth the date or dates such picnic, function or gathering shall be
held, the specific Town park and general location within such park
that the picnic, gathering or function is to be held and the hours
within which said picnic, gathering or function may be held at the
designated location. It shall require the provision of liability insurance
by the sponsor of such event with sufficient general liability coverage
and naming the Town as an additional insured thereunder and payment
of a prescribed fee as established from time to time by the Town Board.
Such permit shall be available for inspection by Town and law enforcement
officials at the site of such picnic, gathering or function at all
times. Failure to possess and make such permit available for inspection
shall subject persons in attendance at such picnic, gathering or function
to liability under this section.
An open bottle or open container found in any
vehicle in any such public place shall be presumptive evidence that
the same is in the possession of all occupants of said vehicle.
Any person, upon conviction for a violation
of any provision of this article, shall be guilty of a violation as
defined in Article 10, § 10.00, Subdivision 3, of the Penal
Law, which shall be punishable as follows:
A. For a first offense, by payment of a fine not less
than $50 nor more than $150 or by imprisonment not to exceed 10 days,
or by both such fine and imprisonment.
B. For a second or subsequent offense, by payment of
a fine of not less than $100 nor more than $250 or by imprisonment
not to exceed 15 days, or by both such fine and imprisonment.
[Adopted 12-14-2006 by L.L. No. 13-2006]
Should any clause, sentence, paragraph, section or provision
of this article be adjudged to be unconstitutional or invalid by a
court of competent jurisdiction, such decision or judgment shall not
affect, impair or invalidate the remainder of this article as a whole
nor any part thereof other than the part so decided to be unconstitutional
or invalid.
This article shall take effect immediately upon its adoption
and filing with the Secretary of State as prescribed by law.