[Adopted 4-22-1985 by L.L. No. 8-1985]
It is the purpose of this article to protect
the public interest, welfare, health and safety within the Village
of Bayville by prohibiting the consumption of alcoholic beverages
in public places within the Village. The Village Board finds that
possession of an open container of alcoholic beverage in a public
place within the Village has led to consumption of the same, resulting
in public intoxication, disorderly conduct, disturbance of the public
peace, littering of the public places and destruction of property.
The Village Board finds further that preservation of the public health
and prevention of conditions which lead to conduct disturbing the
peace attributable to consumption of alcoholic beverages can be accomplished
by the prohibition of consumption of alcoholic beverages in public
places and by restricting the possession of an open or unsealed container
of alcoholic beverages under circumstances which indicate that the
possessor of such open or unsealed container in a public place intends
to consume the same or intends to have it consumed by another person.
For purposes of this article, the following
words or phrases shall have the meanings ascribed to them herein.
All other words or phrases shall have the meanings normally ascribed
to them in regular usage.
Includes any liquor, beer, wine, 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 human being.
Any bottle, can, glass, cup or other receptacle of any kind
which is suitable for or used for holding any alcoholic beverage.
Includes any public highway, street, alley, sidewalk, parking
area or lot, park or playground, public building, transportation facility
or any other public facility or ground, whether vacant or improved,
within the geographical boundaries of the Village.
The Village of Bayville, New York.
It shall be a violation of this article for
any person to:
The foregoing prohibition shall not apply to
consumption of an alcoholic beverage or possession for the purpose
of consumption in any public place where the same is authorized by
license or permit under the laws and regulations of this state and
under the regulations of the Village or a gathering or function for
which permission has been previously granted by the appropriate governing
body, board, agency or commission.
For the purposes of this article, the following rebuttable presumption shall apply: The possession by a person of an open or unsealed container containing an alcoholic beverage, while in or upon public land as described in § 46-9 herein within the Village, shall be presumptive evidence that said container is possessed with intent to consume the contents thereof.
This article shall not apply to any person in
violation of § 1227 of the Vehicle and Traffic Law.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Each violation of this article shall constitute
a separate offense and, upon conviction, shall be subject to a fine
of not more than $500 or imprisonment for not more than 15 days, or
both.
Should any provisions of this article be judicially
determined to be invalid or unconstitutional, such decision shall
not affect the validity or constitutionality of this article as a
whole, and the remaining provisions hereof shall continue in full
force and effect.
