[HISTORY: Adopted by the Board of Trustees of the Village of Ballston
Spa at time of adoption of Code; see Ch. 1, General Provisions, Art. I. Amendments
noted where applicable.]
This chapter shall be known and cited as the "Village of Ballston Spa
Open Container Law."
As used in this chapter, the following terms shall have the meanings
indicated:
Any liquid intended for human consumption containing more than 1/2
of 1% by volume of alcohol.
Any bottle, glass, cup or similar article designed to hold or capable
of holding a liquid.
Includes any of the following: drinking from the container; possession
with movement of the container to the mouth; possession with alcohol on the
breath of the possessor; any circumstances evidencing an intent to ultimately
consume on any public lands.
A parking area for one or more vehicles designed to be used by patrons
of any commercial, industrial, professional or eleemosynary place of business,
including but not limited to such enterprises as may be duly licensed for
the sale and consumption of alcoholic beverages on the premises.
A place to which the public or a substantial group of persons has
access, including but not limited to any highway, street, road, sidewalk,
lane, public parking lot, shopping area, place of amusement, playground, park
or beach or any and all publicly owned land or lands located within the Village
of Ballston Spa, except that the definition of a "public place" shall not
include the specific confines of those premises duly licensed for the sale
and consumption of alcoholic beverages on the premises or within.
No person shall consume any alcoholic beverage on any public lands in
the Village or carry, transport or have in his or her possession any open
container of an alcoholic beverage on or in any public place in the Village
with intent to consume said alcoholic beverage in any public place in the
Village.
Notwithstanding any provisions of this chapter, consumption and possession
of lawful alcoholic beverages such as beer, wine and ale are permitted within
the specifically designated picnic area of Kelly Park and also within the
Kelly Park pavilion area by special permit issued by the Village Board of
Trustees.
Any person committing an offense against this chapter shall be guilty
of a violation punishable by a fine not to exceed $250 or by imprisonment
not to exceed 15 days, or both such fine and imprisonment.
The Village of Ballston Spa Police Department is hereby expressly authorized
to enter upon Village property for the purpose of enforcing the provisions
of this chapter.
