Town of Babylon, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Babylon 9-7-1983.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Beaches and recreational areas — See Ch. 81.
[1]
Editor's Note: This ordinance also repealed former Ch. 74, Alcoholic Beverages, adopted 12-9-1969, as amended.

§ 74-1 Findings; intent.

The Town Board of the Town of Babylon hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Town of Babylon by prohibiting the possession of open containers of alcoholic beverages by persons on public premises except as permitted herein. The Town Board finds that possession of an open container of an alcoholic beverage 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 and destruction of property. The Town Board finds further than preservation of the public weal 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 consumption of alcoholic beverages in public places and by restricting the possession of an open or unsealed container of an alcoholic beverage 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.

§ 74-2 Definitions.

The following terms used in this chapter shall have the following meanings, unless the context requires or indicates a different meaning:
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, liquor, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for, or used to hold, any liquid.
PUBLIC PLACE
Any highway, street, sidewalk, park, recreation area or town building or any other property owned, operated or maintained by the town or other municipality within the town.
TOWN
The Town of Babylon.

§ 74-3 Consumption in public.

[Amended 1-21-2009 by L.L. No. 1-2009]
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage in any public place within the Town.
B. 
Have in his possession an open or unsealed container of an alcoholic beverage while in any public place.

§ 74-4 Exceptions.

A. 
This chapter shall not apply to individuals or organizations desiring to distribute or consume alcoholic beverages in public places, provided that written permission is obtained in advance from the Town Board of the Town of Babylon. Such permission may be conditioned upon such terms as the Town Board in its discretion may impose.
B. 
Section 74-3 shall not be applicable to the Town beaches where consumption of alcoholic beverages or liquor is regulated and controlled by the Town Board. Consumption of alcoholic beverages or liquor in those instances is subject to the restrictions and conditions that the Town Board in its discretion may impose.

§ 74-5 Penalties for offenses.

[Amended 1-21-2009 by L.L. No. 1-2009]
Any person found guilty of violating this chapter shall be guilty of a Class B misdemeanor, and upon conviction thereof, a fine of not less than $250 nor more than $1,000 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, the person shall be guilty of a Class B misdemeanor, and upon conviction, a fine of not less than $1,000 nor more than $2,500 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, the person shall be guilty of a Class B misdemeanor and a fine not less than $2,500 nor more than $5,000 must be imposed or a term of imprisonment for a period not to exceed 90 days may be imposed, or both.