[HISTORY: Adopted by the Town Board of the Town of Cornwall as indicated
in article histories. Amendments noted where applicable.]
[Adopted 8-11-1975 by L.L. No. 2-1975]
The Town Board of the Town of Cornwall finds that the transporting of
alcoholic beverages in open containers on any public highway, in public parking
lots or on lands owned by the Town of Cornwall, except under certain conditions
set forth in this article, is detrimental to the health, safety and welfare
of the citizens of the Town of Cornwall, causes unsightly and unsanitary conditions
and creates a nuisance.
A.Â
No person shall have, possess, carry or transport liquor,
wine, beer or other alcoholic beverages in open containers while such person
is on any public highway, in any public parking lot or on any lands owned
by the Town of Cornwall, or in any vehicle on any public highway, in any public
parking lot or on any lands owned by the Town of Cornwall.
B.Â
As used in this article, a "public parking lot" is a
parking area for one or more vehicles, designed to be used by patrons of any
commercial, industrial, professional or eleemosynary place of business, including
but not limited to such enterprises as may be duly licensed for the sale and
consumption of alcoholic beverages on the premises.
An open container in any vehicle in violation of this article shall
be presumptive evidence that the open container is in the possession of all
the occupants of the vehicle.
This article shall not apply to any fair, picnic or other community
gathering for which special permission has been granted by the Town Board
of the Town of Cornwall and for which a special license has been issued by
the Alcoholic Beverage Control Board. Application for the special permission
shall be made in writing and signed by the parties seeking the same, which
writing shall be submitted to the Town Board not less than 15 days prior the
date for which the special permission is sought. The Town Board shall grant
said special permission, provided that it determines that it is in the best
interests of the citizens of the Town of Cornwall to do so, and further provided
that it determines that the sponsors of the fair, picnic or other community
gathering have taken reasonable steps to protect the health, safety and welfare
of the citizens of the Town of Cornwall and to prevent unsightly and unsanitary
conditions and the creation of a nuisance.
[Amended 2-12-1990 by L.L. No. 2-1990]
Any person committing an offense against any of the provisions of this
article shall be guilty of a violation and, upon conviction thereof, 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.
