[HISTORY: Adopted by the Board of Trustees of the Village of Cazenovia as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-3-2000 by L.L. No. 1-2000]
It is the intent of the Village of Cazenovia, as an exercise of its police power, to promote the health, safety and welfare of the residents and inhabitants of the Village of Cazenovia by enacting this article, since it is the finding of the Board of Trustees that 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 possession contributes to the development of unsanitary conditions and to the creation of nuisances, including but not limited to littering and raucous or other disorderly behavior. It is further the intent of the Village of Cazenovia that this article not be considered as a traffic regulation insofar as it relates to motor vehicles or the operation thereof.
For the purpose of this article, 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 BEVERAGE
- Includes alcohol, liquor, spirits, wine, beer, cider and every liquid or solid, patented or not, containing alcohol, spirits, wine or beer and capable of being consumed by human beings.
- Any bottle, can, glass or other receptacle suitable for or used to hold any liquid.
- INTENT TO CONSUME
- Includes any of the following:
- PUBLIC LANDS
- Any highway, street, sidewalk, park, municipally owned parking lot, cemetery, playground or school.
- The Village of Cazenovia.
It shall be a violation of this article for any person to consume any alcoholic beverage on any public land within the Village or to have within his or her possession, for the purpose of consumption on public lands, by either himself or herself or another person, any open container containing an alcoholic beverage on any public lands within the Village.
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 Village Board of Trustees.
The foregoing prohibition shall not apply to the transportation of an unsealed but not open container across public lands of the Village from one point to another with no intent to consume the contents of such open container while upon such public lands.
The foregoing prohibition shall not apply to the Village fire house, the municipal building or Lakeside Park.
Special permission as hereinabove referred to may be granted by the Village Board of Trustees upon such terms and conditions as such Board may reasonably determine are necessary to protect the general health, safety and welfare of the residents and inhabitants of the Village.
This article shall apply to all persons on public lands in the Village, except as provided in § 47-4 above, and shall not apply to any person drinking an alcoholic beverage while operating a motor vehicle upon any public highway within the Village in violation of § 1227 of the Vehicle and Traffic Law of New York State.
Each violation of this article shall be punishable by a fine of not more than $250 and/or imprisonment for not more than 15 days. Each separate violation shall constitute a separate additional violation.
[Adopted 3-1-2010 by L.L. No. 3-2010]
The purpose of this article is to deter the consumption of alcohol by minors by holding those aged 18 and older responsible when they knowingly permit the consumption of alcohol by minors at their residences or upon premises under their control. The Board of Trustees and the Village of Cazenovia maintain the utmost respect for the privacy of their citizens. It is intent of the Board of Trustees that this article be enforced in a manner that is consistent with that belief. No provision or element of this article changes the fundamental rights of Village citizens regarding search, seizure and privacy.
As used in this article, the following terms shall have the meanings indicated:
- Ethyl alcohol, hydrated oxide of ethyl or spirits of wine, from whatever source or by whatever means produced.
- ALCOHOLIC BEVERAGE
- Any liquor, wine, beer, spirits, cider or other liquid or solid, patented or not, composed of or containing alcohol or spirits, whether or not brewed, fermented or distilled, and capable of being consumed by a person, except that confectionery containing alcohol as provided by Subdivision 12 of § 200 of the New York State Agriculture and Markets Law shall not be regarded as an alcoholic beverage within the meaning of this article.
- A person is in control of a residence or premises when such person is the owner or lessee thereof, or is acting upon the actual or apparent authority to stage or permit a social gathering within the residence or upon the premises, or holds himself or herself out to have such authority.
- Actual observation or knowledge of the consumption of alcohol by a minor, or the receipt of notice or information that one or more minors are consuming alcohol upon the premises without taking reasonable action to confirm said consumption.
- Any person under the age of 21.
- A parcel or parcels of land under common ownership or control at which a social gathering of individuals is occurring.
- Any home, apartment, condominium, cooperative unit or other dwelling unit of any kind, including yards and open areas adjacent thereto.
- SOCIAL GATHERING
- An assembly or gathering of three or more individuals at which alcohol or alcoholic beverages are being consumed by one or more persons upon the premises.
It shall be unlawful for any person aged 18 or older who owns, rents, or is otherwise in control of a residence or premises to knowingly permit the consumption of any alcohol or alcoholic beverage by any minor on such premises or to fail to take reasonable corrective action upon learning of the consumption of alcohol or alcoholic beverages by any minor on such premises. Reasonable corrective action shall include, but not necessarily be limited to:
Making a prompt demand that such minor refrain from further consumption of the alcoholic beverages upon the premises; or
If such minor does not comply with such demand, promptly reporting such underage consumption of alcohol to a parent or guardian of such minor, if the parent or guardian can be immediately identified and contacted.
The provisions of Subsection A of this section shall not apply to:
The consumption of alcohol or alcoholic beverages by a minor upon any premises regulated and licensed by the Liquor Authority of the State of New York, or within the residence of the minor's parent or guardian when that parent or guardian is present and has expressly permitted such consumption; and
The use and consumption of alcohol or alcoholic beverages by a minor as part of an established and generally recognized religious service or ceremony.
Violations of § 47-9 of this article shall be punishable as follows:
First offense. Any person who violates § 47-9 of this article shall be guilty of a violation punishable by a fine not less than $250, but not to exceed $500, where such violation constitutes the person's first offense.
Second and subsequent offenses. Any person convicted of a second and/or subsequent violations of § 47-9 of this article within the preceding ten-year period shall be guilty of a violation punishable by a fine not less than $500, but not to exceed $1,000, a term of imprisonment not to exceed 15 days, or both such fine and imprisonment.
The provisions of this article shall not in any way affect the application of any other law, where appropriate, including, but not limited to, New York Penal Law § 260.10, Endangering the welfare of a child, and Penal Law § 260.20(2), Unlawfully dealing with a child.
This article shall apply to all acts, actions and events occurring on or after the effective date of this article.
If any clause, sentence, paragraph, subdivision, section, or part of this article or the application thereof to any person, individual, corporation, firm, partnership, entity, or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section, or part of this article, or in its application to the person, individual, corporation, firm, partnership, entity, or circumstance directly involved in the controversy in which such order or judgment shall be rendered.