[HISTORY: Adopted by the Board of Trustees of the Village
of Hillburn as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Offenses — See Ch. 172.
[Adopted 10-12-1983 by L.L. No. 3-1983 (Ch. 3, Art. I, of
the 1977 Code)]
It is the intent of the Village of Hillburn, as an exercise
of its police power, to promote the general health, safety and welfare
of the residents and inhabitants 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 on certain public
lands, 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, including, but not limited to, littering and raucous
or other disorderly behavior. It is further the intent of the Board
of Trustees that this article not be considered as a traffic regulation
insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this article, the following shall have the
meanings ascribed to them. All other words shall have the meanings
normally ascribed to them in regular usage.
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 or playground.
The Village of Hillburn.
It shall be a violation of this article for any person to:
A.
Consume any alcoholic beverage on any public land within the Village
of Hillburn.
B.
Have in his possession any open container containing any alcoholic
beverage on any public lands within the Village of Hillburn.
C.
Have within his possession for the purposes of consumption on public
lands by either himself or another person any open container containing
an alcoholic beverage on any public lands within the Village of Hillburn.
A.
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 Board of Trustees.
B.
The foregoing prohibitions shall not apply to the transportation
of an unsealed but not open container across public lands of the Village
from one point to another, with no intent to consume the contents
of such open container while upon public lands.
This article shall apply to all persons on public lands in the Village except as provided in § 54-4 above and 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.
Each violation of this article shall be punishable by a fine
not exceeding $250 for each offense. A violation of this article shall
constitute disorderly conduct, and any person violating the same shall
be declared a disorderly person.
