[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.
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.
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any highway, street, sidewalk, park, playground or public parking
lot.
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:
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]
