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