[Amended 7-11-1983 by L.L. No. 13-1983]
The Board of Trustees of the Incorporated Village
of Freeport hereby declares and finds it to be in the public interest
and in the promotion of public order to provide for the regulation
of certain conduct in public places and in motor vehicles within the
Village of Freeport.
[Amended 7-11-1983 by L.L. No. 13-1983]
A. Unless otherwise authorized by the ordinances of the
Village of Freeport or the provisions of this article, it shall be
unlawful and an offense against this article for any person knowingly
to possess, carry or transport any open bottle, can or other container
containing liquor, wine, beer or other alcoholic beverage with the
intent to consume the same in or on any public place in the Village
of Freeport, or in a motor vehicle, as said term is defined in the
Vehicle and Traffic Law of the State of New York, which is parked
or moving on or over a public place in the Village of Freeport. This
section shall not apply within the specific confines of those premises
duly licensed for the sale and consumption of alcoholic beverages
on the premises or within and on private property.
B. Unless otherwise authorized by the ordinances of the
Village of Freeport or the provisions of this article, it shall be
unlawful and an offense against this article for any person to consume
liquor, wine, beer or other alcoholic beverage in or on any public
place in the Village of Freeport. This section shall not apply within
the specific confines of those premises duly licensed for the sale
and consumption of alcoholic beverages on the premises or within and
on private property.
C. Presumptions of possession.
(1) A person who knowingly possesses, carries or transports
any open bottle, can or other container containing liquor, wine, beer
or other alcoholic beverage in or on any public place, or in a motor
vehicle in the Village of Freeport, is presumed to do so with the
intent of consuming the same in said public place or motor vehicle.
(2) The existence of any open bottle, can or other container
containing liquor, wine, beer or other alcoholic beverage found in
any motor vehicle, except a public omnibus, in the Village of Freeport,
and occupied by one or more persons at the time of its discovery,
shall be presumptive evidence that the same is in the possession of
all of the occupants thereof, and each of them, and in violation of
this article.
(3) Either of the presumptions contained in Subsection
C(1) and
(2) of this section may be rebutted by competent legal evidence tending to negate such intent.
If any provision of this article is inconsistent
with any federal or state statute, law, rule or regulation, then such
statute, law, rule or regulation, shall prevail.
A violation of any provision of this article
shall constitute an offense punishable by a fine not to exceed $250
or by imprisonment for a term not to exceed 15 days, or both. Each
violation of this article shall be deemed a separate violation.