[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester 9-12-1983 by L.L. No. 3-1983 (Ch. 54 of the 1983 Code). Amendments noted where applicable.]
It is the purpose of this chapter to protect the public interest, welfare, health and safety within the Town/Village of East Rochester by prohibiting the consumption of alcoholic beverages in public places within the town/village. The Village Trustees find that possession of an open container of alcoholic beverage in a public place within the town/village 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 Village Trustees find further that preservation of the public weal 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 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.
The following terms used in this chapter shall have the following meanings, unless the context requires or indicates a different meaning:
- 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.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- PUBLIC PLACE
- Any highway, street, sidewalk, park or playground, public parking area or town/village building in the town/village.
- The Town/Village of East Rochester.
It shall be a violation of this chapter for any person to:
Consume any alcoholic beverage in any public place within the town/village.
Have in his 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 by another in any public place.
Appear in a public place under the influence of alcohol, narcotics or other drugs to the degree that he may endanger himself or other persons or property or annoy persons in his vicinity.
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 village; 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.
Nothing contained in this section shall be construed to in any way limit, alter or modify the provisions of § 135-3 of the Code of the Town/Village of East Rochester.
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.