[HISTORY: Adopted by the Board of Trustees of the Village of Larchmont
9-14-1987 by L.L. No. 4-1987. Amendments noted where applicable.]
It is the intent of the Village of Larchmont, 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 chapter, 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 chapter not be considered as a traffic regulation insofar
as it relates to motor vehicles or the operation thereof.
For the purpose of this chapter, the following terms 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 Larchmont.
It shall be a violation of this chapter for any person to:
A.Â
Consume any alcoholic beverage on any public land within
the village.
B.Â
Have in his/her possession any open container containing
any alcoholic beverage on any public lands within the village.
C.Â
Have within his/her possession for the purposes of consumption
on public lands by either himself/herself or another person any open container
containing an alcoholic beverage on any public lands within the village.
A.Â
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 village.
B.Â
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 chapter shall apply to all persons on public lands in the village except as provided in § 89-4 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 chapter shall be punishable by a fine not exceeding
$250 for each offense or imprisonment for not more than 15 days, or both.
