[HISTORY: Adopted by the Board of Trustees of the Village of McGraw:
Art. I, 8-5-1980 as L.L. No. 2-1980. Amendments
noted where applicable.]
[Adopted 8-5-1980 as L.L. No. 2-1980]
It is the intent of the Village of McGraw, as an exercise of its police
power, to promote the general health, safety and welfare of the residents
of the village by enacting this Article, since it is the finding of the Board
of Trustees 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 village
in that such possession contributes to the development of unsanitary conditions
and the creation of a nuisance. It is further the intent of the Board of Trustees
of the Village of McGraw that this Article not be considered as a traffic
regulation insofar as it relates to motor vehicles or the operation thereof.
For the purposes of this Article, the following shall have the meanings
ascribed to them. All other words shall have the meaning 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.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any highway, street, sidewalk, park or playground or public parking
area.
The Incorporated Village of McGraw.
No person shall consume any alcoholic beverage on any public land within
the village, and no person shall have in his possession an open or unsealed
container of an alcoholic beverage while on any public land for the purpose
of consuming such alcoholic beverage by himself or by another.
The foregoing prohibition shall not apply in the event of a fair, picnic
or other community gathering for which special permission has been granted
by the village.
This Article shall apply to all persons on public lands in the village, except as provided in § 60-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village of McGraw in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
