Village of Naples, NY Chapter 15 Alcoholic Beverages

[HISTORY: Adopted by the Board of Trustees of the Village of Naples as indicated in article histories. Amendments noted where applicable.]

Article I Public Consumption

[Adopted 7-16-2008 by L.L. No. 4-2008]

§ 15-1 Legislative intent.

It is the intent of the Village of Naples as an exercise of its police power to promote the general health, safety and welfare of the residents of the Village of Naples by enacting this article, since it is the finding of the Village Board of Trustees that the possession of open containers of alcoholic beverages by persons on public lands with the intent to consume the contents of the same, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Village of Naples in that such possession and intent to consume contribute to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Board of Trustees of the Village of Naples that this article not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.

§ 15-2 Definitions.

For the purpose of this article, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.

ALCOHOLIC BEVERAGE

Includes liquor, wine, beer, cider and every liquid, patented or not, containing alcohol, capable of being consumed by a human being.

CONTAINER

Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.

INTENT TO CONSUME

Includes any of the following:

A. Drinking from the container.

B. Possession with movement of the container to the mouth.

C. Possession with alcohol on the breath of the possessor.

D. Any circumstances evidencing an intent to ultimately consume on any public lands.

PUBLIC LANDS

Any highway, street, sidewalk, park, playground, public parking lot or other public land.

§ 15-3 Possession on public lands prohibited.

No person shall have in his possession any open container containing an alcoholic beverage on any public land within the Village of Naples with the intent to consume the contents of the same.

§ 15-4 Exceptions.

The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which a permit has been granted by the Village of Naples and for which a permit has been granted by the New York State Liquor Authority.

§ 15-5 Applicability.

This article shall apply to all persons on public lands in the Village of Naples, except as hereinbefore provided, but 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.

§ 15-6 Penalties for offenses.

Any person committing an offense against any provision of this article shall, upon conviction thereof, be punishable by a fine of not more than $250 or imprisonment for not more than 15 days, or both.