The Town Board of the Town of Huntington 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 Huntington by prohibiting the possession of open containers of
alcoholic beverages by persons on public premises with the intent
to consume the contents of same, except as permitted herein.
As used in this chapter, the following terms
shall have the meanings indicated:
NONRECLOSABLE OPEN CONTAINERS
Any open bottle, can or container containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Control Law of the State of New York, which cannot be reclosed
once it has been opened, such as but not limited to pop-top type cans,
the nonreclosable nature of which shall be presumptive evidence that
the person possessing such an open container does so with the intent
to consume the contents of same.
OPEN CONTAINERS
Any open bottle, can or container containing liquor, beer,
wine or other alcoholic beverage, as the same is defined by the Alcoholic
Beverage Control Law of the State of New York.
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 Huntington. Such permission
may be conditioned upon such terms as the Town Board in its discretion
may impose.
[Amended 5-9-2017 by L.L.
No. 15-2017; 11-6-2019 by L.L. No. 56-2019; 9-14-2021 by L.L. No. 50-2021]
Any person found guilty of violating this article shall be subject
to a fine of not less than twenty five ($25.) dollars and not more
than one-hundred ($100.) dollars for a conviction of a first offense;
upon a conviction of a second offense, committed within five (5) years
of the first offense, a fine of not less than one-hundred ($100.)
dollars and not more than two hundred and fifty ($250.) dollars; and
upon a conviction of a third or subsequent offense, committed within
five (5) years of the first offense, a fine of not less than two-hundred
and fifty ($250.) dollars and not more than five hundred ($500.) dollars,
or by imprisonment not exceeding ten (10) days, or by both such fine
and imprisonment. any person found by the Bureau of Administrative
Adjudication to have violated this chapter shall likewise be subject
to a monetary penalty in an amount within the range of fines authorized
herein for a first offense and subsequent offenses, respectively.
Should any section or provision of this chapter
be judicially declared unconstitutional or invalid, such decision
shall not affect or impair the validity of this chapter as a whole
or any part thereof other than the particular provision so declared
to be unconstitutional or invalid.