It is the intent of the Village of Carthage,
as an exercise of its police power, to promote the general health,
safety and welfare of the residents and inhabitants of the Village
by enacting this chapter, since it is the finding of the President
and Trustees that the consumption of alcoholic beverages and/or the
possession of open containers of alcoholic beverages by persons on
certain public lands, except under controlled conditions, is detrimental
to the health, safety and welfare of the residents of the Village
in that such consumption and/or possession contributes to the development
of unsanitary conditions and the creation of nuisances, including,
but not limited to, littering and raucous or other disorderly behavior.
It is further the intent of the President and Trustees that this chapter
not be considered as a traffic regulation insofar as it relates to
motor vehicles or the operation thereof.
For the purpose of this chapter, the following
shall have the meanings ascribed to them. All other words shall have
the meanings normally ascribed to them in regular usage.
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.
CONTAINER
Any bottle, can, glass or other receptacle suitable for or
used to hold any liquid.
PUBLIC LANDS
Any highway, street, sidewalk, park or playground.
VILLAGE
All the territory within the boundaries of the Village of
Carthage.
It shall be a violation of this chapter for
any person to:
A. Consume any alcoholic beverage on any public land
within the Village.
B. Have in his possession any open container containing
any alcoholic beverage on any public lands within the Village.
C. 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 Village.
This chapter shall apply to all persons on public lands in the Village, except as provided in §
31-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway with the Village in violation of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 10-21-1985 by L.L. No. 10-1985; 8-5-1991 by L.L. No. 2-1991]
Any person committing an offense against any provision of this chapter shall be subject to the penalties set forth in Chapter
5 of this Code.