[HISTORY: Adopted by the Board of Trustees of the Village of Rouses
Point 9-2-1980 by L.L. No. 5-1980. Amendments noted where applicable.]
In order to protect property owners, residents and persons lawfully
and peacefully using the public ways, streets, places and sidewalks in the
Village and further to prevent vandalism and criminal acts and to preserve
the public peace, the Board of Trustees does hereby enact this chapter and
this local law prohibiting the consumption of alcoholic beverages and the
possession of open containers of alcoholic beverages in public places pursuant
to its police powers, statutory powers and constitutional powers to protect
and promote and preserve the public health, safety, comfort, welfare and well-being
of the inhabitants of the Village.
For the purpose of this chapter, the following terms shall have the
following meanings:
Ethyl alcohol, hydratedoxide of ethyl or spirit of wine, from whatever
source or by whatever process produced.
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.
Includes any fermented beverages of any name or description manufactured
from malt, wholly or in part, or from any substitute therefor.
The partially or fully fermented juice of apples containing more
than 3.2% alcohol by volume.
To ingest, eat up, drink, inject, devour, engorge or take into the
body of such human being.
Every vehicle operated or driven upon a public highway, which vehicle
is propelled by any power other than muscular power.
Any container of glass, plastic, metal, clay, cloth, wood or similar
substance, or combination thereof, which, regardless of its shape or form
or substance, is capable of carrying or transporting an alcoholic beverage
in any way, manner or form and which is open or unsealed or uncapped or uncorked
or which has been so opened or unsealed or uncapped or uncorked in a public
place.
A place to which the public or a substantial group of persons has
access, and includes public streets, public highways, public sidewalks, public
parking areas, public parks, public schools and school grounds and public
buildings.
The Village of Rouses Point, County of Clinton, State of New York.
The product of alcoholic fermentation of the juice of grapes, with
or without any additions or preservatives added thereto, and includes, but
is not limited to, sparkling wine, fortified wine and natural wine.
Except upon those premises duly licensed for sale and consumption of
alcoholic beverages upon the premises and on the Village beach, no person
shall drink or consume an alcoholic beverage in any public place or in any
motor vehicle located upon such public place within the Village limits.
[Amended 7-18-1983 by L.L.
No. 4-1983]
Except upon premises duly licensed for the sale and consumption of alcoholic
beverages upon the premises or on the Village beach, no person shall possess
or have in his possession, with intent to consume same, any open bottle or
open container containing any alcoholic beverage while said person is in or
upon any public place or in any motor vehicle located upon such public place
within the Village limits.
An open bottle or open container containing an alcoholic beverage in
any motor vehicle shall be presumptive evidence that the same is in possession
of all occupants thereof and in violation hereof.
Any person committing a violation of any provision of this chapter shall,
upon conviction for a first offense, be punishable by a fine not exceeding
$25 and, for a second offense, be punishable by a fine not exceeding $50 and,
for any third or subsequent offense, be punishable by a fine not exceeding
$100, or by imprisonment in the Clinton County Jail for a term not exceeding
five days, or by both such fine and imprisonment.
The Board of Trustees of the Village may, by resolution, waive and suspend
the applicability of and the enforcement of this chapter for any specific
period of time, not exceeding five concurrent days, whenever the Village shall
be an active participant in any public celebration or public festival which
is deemed by the Board of Trustees to be in the best interests and welfare
of the Village.
