Town of Aurora, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Aurora 6-10-1985. Amendments noted where applicable.]
GENERAL REFERENCES
Parks — See Ch. 84.
It is the intent of the Town of Aurora, as an exercise of its police power, to promote the general health, safety and welfare of the residents of the Town of Aurora by enacting this chapter, since it is the finding of the Town Board that the possession of open containers of alcoholic beverages and the consumption of alcoholic beverages by persons on public lands, except under controlled conditions, is detrimental to the health, safety and welfare of the residents of the Town of Aurora in that such possession and consumption contributes to the development of unsanitary conditions and the creation of nuisances. It is further the intent of the Town Board of the Town of Aurora that this chapter not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purposes of this chapter, the following terms shall have the meanings ascribed to them. All other words shall have the meanings normally ascribed to them in regular usage.
ALCOHOLIC BEVERAGES
Includes alcohol, liquor, wine, beer, cider and every liquid, patented or not, containing alcohol, wine or beer and capable of being consumed by a human being.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
PRIVATE PARKING LOT
Any area or areas of private property near or contiguous to and provided in connection with premises having one or more stores or business establishments and used by the public as a means of access to and egress from such stores and business establishments and for the parking of motor vehicles of customers and patrons of such stores and business establishments.
PUBLIC LANDS
Any highway, street, sidewalk, park, playground, public parking lot, private parking lot or other public land.
It shall be a violation of this chapter for any person to:
A. 
Consume any alcoholic beverage on any public land within the Town of Aurora.
B. 
Have within his possession, for the purposes of consumption on public lands by either himself or another person, any open container containing an alcoholic beverage on any public lands within the Town of Aurora.
The foregoing prohibition shall not apply in the event of a fair, picnic or other community gathering for which special permission has been granted by the Town of Aurora where consumption of alcoholic beverages shall be permitted during those hours when such function is open to the public.
This chapter shall apply to all persons on public lands in the Town, except as hereinbefore provided, but shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Town in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
If any open container has on its label words indicating the presence of alcohol or a percentage of alcohol or the words "beer," "ale" or "wine," it shall be presumptive evidence that such open container contains an alcoholic beverage as defined in § 36-2. Any person in possession of an open container which is labeled as aforesaid is presumed to know that the contents are an alcoholic beverage.
Any person or persons, association or corporation committing an offense against this chapter or any section or provision thereof is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.