[HISTORY: Adopted by the Town Board of the Town of Niagara 11-9-1983
by L.L. No. 6-1983. Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare,
health and safety within the Town of Niagara by prohibiting the consumption
of alcoholic beverages in public places within the town. The Town Board finds
that possession of an open container of alcoholic beverage in a public place
within the town has led to the consumption of the same, resulting in public
intoxication, disorderly conduct, disturbance of the public peace, littering
of public places and destruction of property. The Town Board finds further
that preservation of the public health and prevention of conditions which
lead to conduct disturbing the public 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 containers 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.
The following terms used in this chapter shall have the following meanings,
unless the context requires or indicates a different meaning:
Alcohol, spirits, wine or beer capable of being consumed by a human
being.
Any bottle, can, glass or other receptacle suitable for, or used
to hold, any liquid.
Any highway, street, sidewalk, park or playground or town building
within the town.
The Town of Niagara.
It shall be a violation of this chapter 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 town; nor shall such prohibition
apply to the possession of an open or unsealed container of an
alcoholic beverage solely for the purpose of transporting the same without
an intent or indication to consume the same in any public place.
This chapter shall not apply to any person in violation of § 1227
of the Vehicle and Traffic Law.
Each violation of this chapter shall be punishable by a fine not exceeding
$250 for each offense or by imprisonment not exceeding 15 days, or by both
such fine and imprisonment.
