[HISTORY: Adopted by the Board of Trustees of the Village of Chittenango 6-20-1989
by L.L. No. 2-1989. Amendments noted where applicable.]
A.
The Village Board finds that the unrestricted consumption
of alcoholic beverages in certain public places often leads to disorders and
related problems as well as the littering of such public places and is disturbing
to the public and threatens peace and good order.
B.
The purpose of this chapter is to prohibit the consumption
of alcoholic beverages in certain public places in order to prevent disorderly
behavior and the littering of public places and to protect the public health,
safety and welfare and to promote the public good.
A.
Prohibited. No person shall, within the Village of Chittenango,
drink or otherwise consume liquor, wine, beer or other alcoholic beverages
while such person is in or upon any public sidewalk, street, highway, parking
lot or such other place, as defined by § 240.00 of the Penal Law
of the State of New York, except public parks, or on private property without
invitation or permission of the owner or occupant of such property. The abuse
of alcoholic beverages is prohibited in all village public parks.
B.
Possession of open containers. No person shall carry or have in his or her possession within the Village of Chittenango any open bottle or open container containing liquor, wine, beer or other alcoholic beverage with the intent of the possessor or another to consume the same in any of the public places described in Subsection A of this section.
C.
Presumptions.
(1)
The possession of an open bottle or open container wrapped,
unwrapped or with the top exposed in a public place, as herein defined, shall
be presumptive evidence that such open bottle or open container is intended
to be consumed in a public place.
(2)
An open bottle or open container in any vehicle while
in or on any public sidewalk, street, highway, parking lot, public park or
other public place, as defined by § 240.00 of the Penal Law of the
State of New York, shall be presumptive evidence that the same is in the possession
of all the occupants thereof.
[Amended 7-27-2004 by L.L. No. 2-2004]
Upon written application to the Village Clerk on forms provided by the
Village Clerk, the Village Board may grant a permit or special permission
for the use of alcoholic beverages in or on public sidewalks, streets, highways,
parking lots and other public places as defined by Penal law § 240.00
of the State of New York, except public parks, but only for the dates, times,
and places specified in the application. Said application shall contain, among
other things, a list of three names and addresses of those who are responsible
for the activity. Permits issued pursuant to this chapter shall be probational
for the first 90 days. Such permits may be discontinued by the Board upon
a finding of a violation of the terms of the permit, after a hearing held
upon at least 10 days' notice. If an adjournment of the hearing scheduled
for this purpose is requested by the applicant for the permit, the rights
granted under the permit shall be suspended from the date of the first scheduled
hearing until five business days following the actual hearing. A hearing required
under this section shall be held before the Village Board at the Village offices,
unless an alternate site is agreed to by the Village and the person granted
the permit.
Any person committing an offense against any provision of this chapter
shall, upon conviction thereof, be guilty of a violation pursuant to the Penal
Law and shall be punishable, for each offense, by a fine of not more than
$250 or by imprisonment for not more than 15 days, or both.
