[HISTORY: Adopted by the Town Board of the Town of Copake 10-13-1983
by L.L. No. 2-1983. Amendments noted where applicable.]
GENERAL REFERENCES
Parks and recreation — See Ch. 172.
It is the purpose of this chapter to protect the public interest, welfare,
health and safety within the Town of Copake by prohibiting the consumption
of alcoholic beverages in public places within the town. The Town Board finds
that possession of an open container of alcoholic beverage in a public place
within the town has led to consumption of the same, resulting in public intoxication,
disorderly conduct, disturbance of the public peace, littering of the public
places and destruction of property. The Town Board further finds that preservation
of the public welfare and prevention of conditions which lead to conduct disturbing
the public peace attributable to consumption of alcoholic beverages can be
accomplished by the prohibition of consumption of alcoholic beverages in public
places and by restricting the possession of an open or unsealed container
of alcoholic beverages under circumstances which indicate that the possessor
of such open or unsealed container in a public place intends to consume the
same or intends to have it consumed by another person.
The following terms used in this chapter shall have the following meanings,
unless the context requires or indicates a different meaning:
Includes alcohol, spirits, liquor, wine, ale, beer, cider and every
liquid or solid containing alcohol, spirits, liquor, wine, ale, beer or cider
and which is capable of consumption by a human being.
[Amended 6-13-1996 by L.L. No. 1-1996]
Any bottle, can, glass or other receptacle suitable for or used to
hold any liquid.
Any highway, street, sidewalk, park, parking area, playground, boat
launch site or public beach within the town.
The Town of Copake.
It shall be a violation of this chapter for any person to:
The foregoing prohibition shall not apply to the consumption of alcoholic
beverages or possession for the purpose of consumption in any public place
where the same is authorized by license or permit under the laws and regulations
of this state or under the regulations of the town; nor shall such prohibition
apply to the possession of an open or unsealed container of an alcoholic beverage
solely for the purpose of transporting the same without an intent or indication
to consume the same in any public place.
This chapter shall not apply to any person who is also in violation
of § 1227 of the Vehicle and Traffic Law of the State of New York.
[Amended 7-12-2007 by L.L. No. 3-2007]
A.
Any person, firm or corporation who is guilty of a violation
of this chapter shall, upon conviction thereof, be subject to a fine of not
more than $250 or imprisonment for a term of not more than 15 days, or both.
Each day after notice that a violation continues shall be deemed a separate
offense. In addition, a civil penalty of $100 per day may be assessed for
any such violation, which civil penalty shall be recovered by the Town of
Copake in a civil action.
B.
Except as provided otherwise by law, such a violation shall not
be a crime, and the penalty or punishment imposed therefor shall not be deemed
for any purpose a penal or criminal penalty or punishment and shall not impose
any disability upon or affect or impair the credibility as a witness, or otherwise,
of any person found guilty of such an offense.
C.
Appropriate actions and proceedings may be taken at law or in
equity to prevent or remedy unlawful violations or infractions of any portion
of this chapter, and these remedies shall be in addition to penalties otherwise
prescribed by law.
