Village of Village of The Branch, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of the Branch 7-12-1988 as part of L.L. No. 5-1988.
Editor's Note: This local law originally adopted this chapter as Ch. 46 but was redesignated as Ch. 28 to fit the alphabetical sequence of the Code. For other provisions of this local law, see Ch. 71, Signs and Illumination, and Ch. 81. Vehicles and Traffic.
Amendments noted where applicable.]
GENERAL REFERENCES

Peace and good order — See Ch. 59.

§ 28-1
Findings. 

§ 28-2
Definitions. 

§ 28-3
Prohibited acts. 

§ 28-4
Exceptions. 

§ 28-5
Penalties for offenses. 

§ 28-1 Findings.

The Village Board of the Village of the Branch hereby declares and finds it to be in the public interest to provide for the regulation of certain conduct in public places within the Village of the Branch by prohibiting the possession of open containers of alcoholic beverages by persons on public premises, except as permitted herein. The Village Board finds that possession of an open container of an alcoholic beverage in a public place within the Village has led to consumption of the same resulting in public intoxication, disorderly conduct, disturbances of the public peace, littering of public places and destruction of property. The Village Board finds further that 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.

§ 28-2 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, parking lot, recreation area or Village building or any other property owned, operated or maintained by the Village or other municipality within the Village.
VILLAGE
The Incorporated Village of the Branch.

§ 28-3 Prohibited acts.

It shall be a violation of this chapter for any person to:

A. 

Consume any alcoholic beverage in any public place within the Village.

B. 

Have in his/her possession an open or unsealed container of an alcoholic beverage while in any public place for the purpose of consuming such alcoholic beverage by himself or by another in any public place.

§ 28-4 Exceptions.

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 property owner and the Village Board of the Village of the Branch. Such permission may be conditioned upon such terms as the Village Board, in its discretion, may impose.

§ 28-5 Penalties for offenses.

Each violation of this chapter shall be punishable by a fine not to exceed $250 for each offense or by imprisonment not exceeding 15 days, or by both such fine and imprisonment.