[HISTORY: Adopted by the Common Council of the City of Hornell: Art. I, 8-26-1985 (Art. V of Ch. 16 of the 1970 Municipal Code). Section 90-6 amended at time of adoption of Code; see Ch. 1, General Provisions, Art. II. Other amendments noted where applicable.]
Article I Public Consumption and Open Containers
[Adopted 8-26-1985 (Art. V. of Ch. 16 of the 1970 Municipal Code)]
It is the intent of the city, 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 raucous 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 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 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 Hornell.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC LANDS
- Any highway, street, alley, sidewalk or parking lot.
It shall be a violation of this Article for any person to:
Consume any alcoholic beverage on any public lands within the city.
Have in his possession any open container containing any alcoholic beverage on any public lands within the city.
Have within his possession for the purposes of consumption on public lands by either himself or another person any open container containing an alcoholic beverage on any public lands within the city.
The foregoing prohibitions shall not apply to the event of a fair, picnic or other community gathering for which special permission has been granted by the city.
The foregoing prohibitions shall not apply to the transportation of an unsealed but not open container across 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 § 90-4 above and 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.