Town of Mamaroneck, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 1-7-1981 as L.L. No. 1-1981 (Ch. 5A of 1975 Code). Amendments noted where applicable.]

§ 52-1 Title.

This chapter shall be known and cited as "Town of Mamaroneck Local Law No. 1 of 1981, Regulating the Possession and Consumption of Alcoholic Beverages in Public Places."

§ 52-2 Purpose.

The Town of Mamaroneck recognizes that consumption of alcoholic beverages in public places and transportation facilities must be adequately controlled so as to prevent public disorder, nuisances, littering and other acts and conditions detrimental to the health, safety and welfare of the residents of the town, and this chapter is intended to provide such control and regulation.

§ 52-3 Definitions.

As used herein, the following words shall have the meanings below set forth:
ALCOHOLIC BEVERAGES
Includes all such beverages as defined in § 3 of the Alcoholic Beverage Control Law of the State of New York.
CONTAINER
Any bottle, can, glass, cup or similar receptacle suitable for or used to hold any liquid.
A. 
"Public place" shall mean the following:
(1) 
Any highway, street, sidewalk, park, playground or school (public or private).
(2) 
The parking lots of shopping centers, schools, churches or other religious institutions, and train stations.
(3) 
Without limiting the generality of the foregoing, any other place to which the public or a substantial group of persons has access.
B. 
Notwithstanding the foregoing, the following shall not be deemed "public places" for the purpose of this chapter:
(1) 
Any public place or transportation facility wherein the use and consumption of alcoholic beverages is authorized pursuant to a license or permit issued under the Alcoholic Beverage Control Law.
(2) 
The interior of the building premises of any firehouse within the Town of Mamaroneck.
(3) 
The interior of any premises of any business establishment within the Town of Mamaroneck.
(4) 
The interior of any building occupied for use as a church, synagogue or other house of worship.
(5) 
The parks and playgrounds of the Town of Mamaroneck during the times and in accordance with the rules and regulations prepared by the Superintendent of Recreation, approved by the Town Board and filed with the Town Clerk.
TRANSPORTATION FACILITY
Any conveyance (other than the interior of a train), premises or place used for or in connection with public or private passenger transportation, whether by railroad, motor vehicle or any other method.

§ 52-4 Consumption in public places or transportation facilities prohibited.

No person shall consume or ingest any alcoholic beverage in any public place or transportation facility within the Town of Mamaroneck. Carrying on the person, holding or possession of any open can or container which contains an alcoholic beverage in a public place as hereinabove defined shall constitute prima facie evidence of a violation of this section.

§ 52-5 Prima facie evidence of possession. [1]

Any open bottle, can or container which contains an alcoholic beverage found in any vehicle in any such public place or transportation facility shall be prima facie evidence that the same is in possession of all the occupants of said vehicle and in possession of the person last having control and custody of said vehicle.
[1]
Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

§ 52-6 Exceptions.

The foregoing prohibition against drinking alcoholic beverages in public places and transportation facilities or possessing open bottles, cans or containers of such alcoholic beverages shall not apply to nor be a violation of this chapter in the event of a gathering which has been granted a special permit by the Town Clerk according to regulations approved by the Town Board of the Town of Mamaroneck.

§ 52-7 Penalties for offenses.

Any person, upon conviction for violation of this chapter, 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: for a first offense, by payment of a fine not exceeding $25; for a second or subsequent offense, by payment of a fine not exceeding $250 or by imprisonment for a term not to exceed 15 days, or by both such fine and imprisonment.