City of New Rochelle, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Council of the City of New Rochelle 9-21-1982 as part of Ord. No. 194; amended in its entirety 1-17-2017 by Ord. No. 10-2017. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Amusements and amusement devices — See Ch. 86.
Cabarets and catering establishments — See Ch. 120.
Games of chance — See Ch. 157.
Parks — See Ch. 224.
Public place definition — See Ch. 258.
Sidewalk cafes — See Ch. 267.

§ 83-1 Consumption and possession restricted.

No person shall drink any alcoholic beverage while in any public place, including, but not limited to, a public street, sidewalk, highway or any area used for public parking, nor shall any person carry or possess any open container holding any alcoholic beverage in any such place.

§ 83-2 Possession of open containers; presumption.

A. 
No person shall carry or have in his/her possession within or upon any public place in the City of New Rochelle any open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any public place defined herein.
B. 
The possession of an open container unwrapped or with the top exposed in a public place as herein defined shall be presumptive evidence that the contents of such open container are intended to be consumed in a public place as herein defined.
C. 
For the purposes of this chapter, any container labeled as a container of an alcoholic beverage, such as a can of beer or bottle of wine, shall be presumed to contain at least some amount of the alcoholic beverage specified.
D. 
For the purposes of this chapter, all beer and all wine, regardless of alcoholic content, shall be presumed to be alcoholic beverages.

§ 83-3 Exceptions.

A. 
The provisions of this chapter shall not apply to any activity sponsored by an organization having proper license to dispense alcoholic beverages in or upon any public place in the City of New Rochelle, providing such organization has obtained permission from the City of New Rochelle.

§ 83-4 Penalties for offenses.

An offense against the provisions of this chapter shall be punishable by a fine of not more than $250 or by imprisonment for not more than 15 days, or both.