City of Kingston, NY Chapter 145 Alcoholic Beverages

[HISTORY: Adopted by the Common Council of the City of Kingston 12-16-1999 by L.L. No. 2-2000, approved 1-3-2000.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Disorderly conduct — See Ch. 195.

Park and recreational facilities — See Ch. 310.

[1] Editor's Note: This local law also provided for the repeal of former Ch. 145, Alcoholic Beverages, adopted as follows: Art. I, 8-7-1984 by L.L. No. 3-1984, approved 8-28-1984, as Ch. 10B, Art. I of the 1984 Code, as amended; and Art. II, 1-8-1985, approved 1-10-1985 (Ch. 10B, Art. II, of the 1984 Code), as amended.

§ 145-1 Statement of policy.

The Common Council declares that it is the public policy of the City of Kingston and the purpose of this chapter to promote the public health and well-being of the citizens of said city by prohibiting the use of open containers containing any type of alcoholic beverage on the public highways and thoroughfares within the city limits.

§ 145-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:

ALCOHOLIC BEVERAGE

Any form of beer, wine or spirituous liquor.

CONTAINER

Any bottle, can or drinking cup or glass from which alcoholic beverages may be ingested.

PARK OR RECREATION AREA

Any tract of land specifically set aside and designated for public use by the City of Kingston, New York, for recreational activities.

PUBLIC HIGHWAYS AND THOROUGHFARES

Any street, sidewalk, roadway or public parking area set aside for public use within the City of Kingston, New York.

§ 145-3 Possession prohibited; exception.

No person shall have in his possession within the City of Kingston an open or unsealed bottle or container of an alcoholic beverage while such person is in any public place (with the intent to consume said alcoholic beverage in any public place or to have the same so consumed by another), including, but not limited to, any public highway, public street, public sidewalk, public alley, public parking lot or area, except for locations licensed for the sale of alcoholic beverages by the State of New York.

§ 145-4 Open containers prohibited and restricted.

It shall be unlawful for any person to have in his possession in a public park or recreation area, as defined in § 145-2 of this chapter, an open or unsealed bottle or container of an alcoholic beverage, as defined in § 145-2 of this chapter, with the intent to consume said alcoholic beverage or to have the same consumed by another, unless a proper permit has been obtained from the Police Department, which permit is to be available for inspection at the site specified in such permit.

§ 145-5 Penalties for offenses.

Any person violating this chapter shall be punished by a fine of not less than $50 nor more than $500 and/or incarceration up to 15 days for each such offense.