[HISTORY: Adopted by the Town Board of the
Town of Southeast as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Parks — See Ch. 99.
[Adopted 7-19-1990 by L.L. No. 4-1990]
The Town of Southeast recognizes that consumption
of alcoholic beverages in public places must be adequately controlled
so as to prevent public disorder, nuisances, littering and other acts
and conditions detrimental to the health, safety and general welfare
of the Town, and this article is intended to provide such control
and regulation.
As used in this article, the following terms
shall have the meanings indicated:
Includes alcohol, spirits, 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, cup or similar receptacle suitable
for or used to hold any liquid.
Drinking, attempting to drink or giving the appearance of
drinking.
A bottle or container without a top or other cover or which
is open, unsealed, resealed or partially full.
Any highway, street, sidewalk, park, playground, parking
lot, shopping center, mall or other place to which the public or a
substantial group of persons has access, but excluding those public
places wherein the use and consumption of alcoholic beverages is authorized
pursuant to a license or permit issued pursuant to the Alcoholic Beverage
Control Law of the State of New York.
A.
No person shall consume or ingest any alcoholic beverage
in any public place in the Town of Southeast.
B.
No person shall have in his or her possession, with
the intent to consume the same, any open bottle or container containing
an alcoholic beverage while such person is in a public place or within
a vehicle which is located in a public place.
The Town Board of the Town of Southeast, for
good cause shown, may permit the drinking of alcoholic beverages in
Town parks for picnics, gatherings or functions. Such permit shall
be issued by the Town Board or its authorized official and shall set
forth the date or dates such picnic, function or gathering shall be
held, the specific Town park and general location within such park
that the picnic, gathering or function is to be held and the hours
within which said picnic, gathering or function may be held at the
designated location. It shall require the provision of liability insurance
by the sponsor of such event with sufficient general liability coverage
and naming the Town as an additional insured thereunder and payment
of a prescribed fee as established from time to time by the Town Board.
Such permit shall be available for inspection by Town and law enforcement
officials at the site of such picnic, gathering or function at all
times. Failure to possess and make such permit available for inspection
shall subject persons in attendance at such picnic, gathering or function
to liability under this section.
An open bottle or open container found in any
vehicle in any such public place shall be presumptive evidence that
the same is in the possession of all occupants of said vehicle.
Any person, upon conviction for a violation
of any provision of this article, shall be guilty of a violation as
defined in Article 10, § 10.00, Subdivision 3, of the Penal
Law, which shall be punishable as follows:
A.
For a first offense, by payment of a fine not less
than $50 nor more than $150 or by imprisonment not to exceed 10 days,
or by both such fine and imprisonment.
B.
For a second or subsequent offense, by payment of
a fine of not less than $100 nor more than $250 or by imprisonment
not to exceed 15 days, or by both such fine and imprisonment.
[Adopted 12-14-2006 by L.L. No. 13-2006]
A.
ALCOHOL
ALCOHOLIC BEVERAGE
BEER
ENFORCEMENT SERVICES
GUARDIAN
MINOR
PARENT
PARTY, GATHERING or EVENT
Definitions. For purposes of this article, the following definitions
shall apply:
Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine
from whatever source or by whatever process produced.
Includes alcohol, 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, except that confectionary
containing alcohol as provided by Subdivision 12 of § 200
of the Agriculture and Markets Law shall not be regarded as an alcoholic
beverage within the meaning of this section.
Includes any fermented beverages of any name or description
manufactured from malt, wholly or in part, or from any substitute
therefor.
Includes the salaries and benefits of police officers or
other Code enforcement personnel for the amount of time actually spent
in responding to, or in remaining at, the party, gathering or event
and the administrative costs attributable to the incident; the actual
cost of any medical treatment to injured police officers or other
code enforcement personnel; the cost of repairing any damaged Town
equipment or property; and the cost arising from the use of any damaged
Town equipment in responding to or remaining at the party, gathering
or event.
A person who, under court order, is the guardian of the person
of a minor; or a public or private agency with whom the minor has
been placed by the court.
Any person under 21 years of age.
Any person who is the natural parent, adoptive parent, or
stepparent of a minor.
A group of persons who have assembled or are assembling for
a social occasion or social activity.
B.
Unlawful acts; exceptions.
(1)
Hosting, suffering, permitting, organizing or allowing a party, gathering
or event on private property where minors are consuming alcoholic
beverages prohibited. Except as otherwise permitted by law, no person
shall host, suffer, permit, organize, or allow a party, gathering
or event at his or her place of residence or other private property,
place or premises under his or her control where three or more minors
are present and alcoholic beverages are being consumed by any minor.
C.
Penalty. Any person in violation of Subsection B(1) of this section shall be subject to conviction of a Class A misdemeanor, punishable by up to one year in jail and/or a fine of $3,000.
D.
Reservation of legal options. The Town of Southeast does not waive its right to seek reimbursement for actual costs of enforcement services associated with the enforcement of Subsection B through other legal remedies or procedures. The procedures provided for in Subsection B are in addition to any other statute, ordinance or law. Subsection B in no way limits the authority of peace officers or private citizens to make arrests for any criminal offense arising out of conduct regulated by Subsection B, nor does it limit in any way the prosecution's ability to initiate and prosecute a criminal prosecution for any violation of a criminal offense arising out of the same circumstances necessitating the application of Subsection B.
Should any clause, sentence, paragraph, section or provision
of this article be adjudged to be unconstitutional or invalid by a
court of competent jurisdiction, such decision or judgment shall not
affect, impair or invalidate the remainder of this article as a whole
nor any part thereof other than the part so decided to be unconstitutional
or invalid.
This article shall take effect immediately upon its adoption
and filing with the Secretary of State as prescribed by law.
