[HISTORY: Adopted by the Town Board of the Town of Poughkeepsie 5-4-1971; amended in its entirety 5-4-1987 (Part II, Ch. 11, Art. II, of the 1964 Code). Subsequent amendments noted where applicable.]
Parks and recreation — See Ch. 148.
This chapter is adopted pursuant to § 130 of the Town Law of the State of New York to preserve the public peace and good order and to exercise the police power of the Town to promote the general health, safety and welfare of the residents of the Town by executing this chapter, since it is the finding of the Town Board that the possession of open containers of alcoholic beverages and the consumption of alcoholic beverages by persons on certain public lands and streets and sidewalks, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Town in that such possession contributes to the development of unsanitary conditions and the creation of a nuisance.
It is further the intent of the Town Board of the Town of Poughkeepsie that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
As used herein, the following terms shall have the meanings set forth below:
- ALCOHOLIC BEVERAGES
- Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
- Any bottle, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, sidewalk, park, playground, shopping center or any other place to which the public may have access, including but not limited to the parking lot of any commercial, industrial or professional establishment, but excluding those 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.
No person shall have in his or her possession any open container containing an alcoholic beverage with intent to consume said alcoholic beverage on any public land within the Town.
No person shall consume an alcoholic beverage on any public land within the Town.
[Amended 3-27-1996 by L.L. No. 4-1996]
This chapter shall apply to all persons on public lands in the Town, except as provided in § 54-3C above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 3-27-1996 by L.L. No. 4-1996; 9-22-1999 by L.L. No. 19-1999; 6-3-2009 by L.L. No. 22-2009]
A violation of this chapter is hereby declared to be an offense punishable by a fine not exceeding $1,000 or imprisonment for a period not to exceed 15 days, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of six months, punishable by a fine not exceeding $1,500 or imprisonment for a period not to exceed 30 days, or both; and upon conviction of a third or any subsequent offense, each of which was committed within a period of six months, punishable by a fine not exceeding $2,000 or imprisonment for a period not to exceed 45 days, or both. A conviction under this chapter shall constitute a violation.
In addition to any other remedies set forth herein authorizing the Town to enforce the provisions of this chapter, establishing penalties, and setting forth additional remedies, the person charged with the responsibility to enforce the provisions of this chapter may impose a civil fine or agree to a civil fine not to exceed $1,000 per day for each day of the violation. If said civil fine is imposed, then the alleged violator may appeal to the Town Board.