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.