It is the purpose of this chapter to protect
the public interest, welfare, health and safety within the Town of
Putnam Valley by prohibiting the consumption of alcoholic beverages
in public places within the Town, and further restricting such consumption
by minors on private property.
A. The Town Board finds that possession of an open container
of alcoholic beverage in a public place within the Town has led to
consumption of the same, resulting in public intoxication, disorderly
conduct, disturbance of the public peace, littering of the public
places and destruction of property. The Town Board finds further that
preservation of the public safety and prevention of conditions which
lead to conduct disturbing the public peace attributable to consumption
of alcoholic beverages can be promoted by the prohibition of consumption
of alcoholic beverages in public places and by restricting possession
of an open or unsealed container 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.
B. The Town Board finds that the public health, safety
and welfare is promoted by restricting the consumption of alcohol
by minors, which is harmful to the minors themselves and to the community.
Parties on private property are an important source of alcohol consumption
by minors and resulting nuisances. The ability of law enforcers to
abate such gatherings and fine the host(s) will decrease the abuse
of alcohol by minors, and resulting physical altercations and injuries,
neighborhood vandalism, and excessive noise disturbance. Parties,
gatherings or events on private property where minors are consuming
alcohol are determined to be a threat to the peace, health, safety,
and welfare of the public.
The following terms used in this chapter have
the following meanings, unless the context requires or indicates a
different meaning:
ALCOHOL
Ethyl alcohol, hydrated oxide of ethyl, or spirit of wine
from whatever source or by whatever process produced.
ALCOHOLIC BEVERAGE
Includes alcohol, spirits, 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 confectionery 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.
BEER
Includes any fermented beverages of any name or description
manufactured from malt, wholly or in part, or from any substitute
therefor.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
ENFORCEMENT SERVICES
Includes the salaries and benefits of police officers or
other code enforcement personnel for the amount of time actually spent
in responding to, remaining at or investigating 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.
GUARDIAN
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.
MINOR
Any person under 21 years of age.
PARENT
Any person who is the natural parent, adoptive parent, or
step-parent of a minor.
PUBLIC PLACE
Any highway, street, sidewalk, park or playground or Town
building in the Town, including public beaches, pools and improvement
and park district facilities and property.
TOWN
The Town of Putnam Valley.
It shall be a violation of this chapter for
any person to:
A. Consume any alcoholic beverage in any public place
within the Town.
B. Have in his or her possession an open or unsealed
container of an alcoholic beverage while in any public place for the
purpose of consuming such alcoholic beverage by himself or herself
or by another in any public place.
A person who possesses an open container containing
an alcoholic beverage, as defined herein, is presumed to possess same
with the purpose of consuming said alcoholic beverage.
Upon written application to the Town Clerk,
a permit may be issued suspending the provisions of this chapter for
a particular event.
The foregoing prohibition shall not apply to
possession of an alcoholic beverage for the purpose of consumption
in any public place where the same is authorized by a 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.
Except for violations of §
47-8 hereof, this chapter shall not apply to any person in violation of § 1227 of the Vehicle and Traffic Law.