[HISTORY: Adopted by the Town Board of the Town of Smithtown 8-23-1983. Amendments
noted where applicable.]
It is hereby declared to be the policy of the Town Board of
the Town of Smithtown to protect the public interest, welfare, health
and safety within the Town of Smithtown by prohibiting the consumption
of alcoholic beverages in public places within the town. The Town
Board finds that possession of open or unsealed containers of alcoholic
beverages 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, destruction
of property and vandalism. The Town Board finds, further, that preservation
of the public welfare 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 the consumption
of alcoholic beverages in public places and by further prohibiting
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.
As used in this chapter, the following terms shall have the
meanings indicated:
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.
Any bottle, can, glass or other receptacle suitable for,
or used to hold, any liquid.
Any highway, street, sidewalk, park, playground, parking
lot or town building in the town.
The Town of Smithtown.
It shall be a violation of this chapter for any person to:
An open bottle or open container containing liquor, beer or
wine or any alcoholic beverage in any vehicle shall be presumptive
evidence that the same is in the possession of all the occupants of
the vehicle, in violation of the provisions of this chapter.
The foregoing prohibition shall not apply to the 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.
This chapter shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law.
[Amended 1-9-1990 by L.L. No. 2-1990]
Any person violating any of the provisions of this chapter shall
be deemed guilty of a violation punishable by a fine not exceeding
one hundred dollars ($100.) or by imprisonment in jail for ten (10)
days, or by both such fine and imprisonment, for the first offense
and by a fine not exceeding two hundred dollars ($200.) or by imprisonment
for fifteen (15) days, or by both such fine and imprisonment, for
a second or subsequent offense.
