[HISTORY: Adopted by the Common Council of the City of Cohoes 6-14-1983
by Ord. No. 34-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and playgrounds — See Ch. 195.
It is the intent of the City of Cohoes, as an exercise of its police
power, to promote the general health, safety and welfare of the residents
and inhabitants of the city by enacting this article, since it is the finding
of the Common Council 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 city
in that such possession contributes to the development of unsanitary conditions
and the creation of nuisances, including but not limited to littering and
racuous or other disorderly behavior. It is further the intent of the Common
Council that this article not be considered as a traffic regulation insofar
as it related to motor vehicles or the operation thereof.
For the purpose of this article, the following 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.
The City of Cohoes.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any highway, street, sidewalk, park, playground or parking lot.
It shall be a violation of this article for any person:
A.
To consume any alcoholic beverage on any public land
within the city.
B.
To have in his possession any open container containing
any alcoholic beverage on any public lands within the city.
C.
To have within his possession for the purposes of consumption
or with the intent to consume on public lands by either himself or another
person any open container containing an alcoholic beverage on any public lands
within the city.
A.
The foregoing prohibition shall not apply to the drinking
of alcoholic beverages at picnic grounds or other open places where outdoor
social gatherings are held and which are generally used for such purposes.
B.
The foregoing prohibitions shall not apply to the transportation
of an unsealed but not open container across public lands of the city from
one point to another, with no intent to consume the contents of such open
container while upon public lands.
This article shall apply to all persons on public lands in the city, except as provided in § 101-4 above, but shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the city in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 6-12-2007 by L.L. No. 6-2007]
Each violation of this article shall be punishable by a fine not exceeding
$250 for each offense.
[Added 6-12-2007 by L.L. No. 6-2007]
As used in this article, the following terms shall have the meanings
indicated:
Any liquor, wine, beer, spirits, cider or other liquid or solid,
patented or not, composed of or containing alcohol or spirits, whether or
not brewed, fermented or distilled, and capable of being consumed by a person;
except that a confectionary containing alcohol as provided in New York State
Agriculture and Markets Law § 200(12) shall not be considered an
alcoholic beverage within the meaning of this article.
Owning, renting or leasing property; being in charge of property
or having the authority or ability to direct or regulate guests, invitees,
or others on private property.
Any substance listed in § 3306 of the Public Health Law.
A natural person age 17 or older, and includes, where appropriate,
a corporation, partnership, company, organization, association, or other organized
entity.
Any home, dwelling or dwelling unit, apartment, condominium, or residence,
and includes yards, fields, vacant structures, and open areas.
Any person under the age of 21.
No person shall:
A.
Host, permit, or allow a party, social gathering, or
event where three or more underage persons are present to take place on or
at any private property under his or her control or use if such person knows
or has reason to know that any alcoholic beverage or illegal drug is being
unlawfully consumed by an underage person.
B.
Organize or sponsor a party, social gathering, or event
where three or more underage persons are present on or at any private property
if such person knows or has reason to know that any alcoholic beverage or
illegal drug is being unlawfully consumed by an underage person.
This article shall not apply to:
A.
Any location or place regulated by the New York State
Liquor Authority.
B.
The consumption of an alcoholic beverage by persons lawfully
permitted to do so pursuant to § 65-c of the New York State Alcohol
Beverage Control Law, or any other applicable law.
C.
The possession or consumption of a drug for which the
person has a current, valid prescription or as otherwise permitted by any
other applicable law.
Failure to comply with the provisions of this article shall constitute
a violation, punishable, upon a first conviction, by a fine not to exceed
$250, or imprisonment not exceeding 15 days, or both; any subsequent conviction
within three years shall constitute a misdemeanor, punishable by a fine of
$250 minimum and not to exceed $1,000, or imprisonment not exceeding 90 days,
or both.
A.
If any part or provision of this article is inconsistent
with any federal or New York State statute, law, rule or regulation, then
such statute, law, rule or regulation shall prevail.
B.
If any clause, sentence, paragraph, section, or part
of this article shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect, impair or invalidate the remainder
of this article but shall be confined in its operation to the clause, sentence,
paragraph, section, or part thereof directly involved in the controversy in
which such judgment shall have been rendered.
