Village of Cobleskill, NY
Schoharie County
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[HISTORY: Adopted by the Board of Trustees of the Village of Cobleskill: Art. I, 8-15-1983 as L.L. No. 1-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 104.
[Adopted 8-15-1983 as L.L. No. 1-1983]
It is the intent of the Village of Cobleskill as an exercise of its police power to promote the general health, safety and welfare of the residents of the village 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 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 the creation of nuisances. It is further the intent of the Board of Trustees of the Village of Cobleskill 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 shall have the meanings ascribed to them. All other words shall have the meaning 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, playground or public parking lot.
VILLAGE
The Incorporated Village of Cobleskill.
No person shall have in his possession any open container containing an alcoholic beverage on any public land within the village with the intent of the possessor or another to consume the alcoholic beverage on any public lands.
It shall be presumed that anyone possessing an open container on any public land shall intend to consume the alcoholic beverage on public lands.
[Amended 8-19-1996 by L.L. No. 6-1996]
The foregoing prohibition shall not apply:
A. 
In the event of a fair, picnic or other community gathering for which special permission has been granted by the village.
B. 
In the event of a sidewalk cafe in conformance with the provisions of Village Code Chapter 160, Zoning.
This Article shall apply to all persons on public lands in the village except as provided in § 48-5 above but 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 the State of New York.
[Amended 3-18-1996 by L.L. No. 2-1996]
Each violation of this Article shall be punishable by a fine as set forth in Chapter 1, General Provisions, Article II, General Penalty. A violation of this Article shall constitute disorderly conduct, and any person violating the same shall be declared a disorderly person.